Fighting Overcriminalization In Federal Regulations

• The U.S. is highly overregulated, with over 48,000 sections in the Code of Federal Regulations, complicating compliance and understanding.
• Many regulations carry potential criminal penalties, with an estimated hundreds of thousands of regulatory crimes.
• Strict liability offenses allow for criminal convictions without proof of intent, unfairly affecting average citizens.
• The executive branch is both writing and enforcing laws, which risks abuse and favors large corporations over individuals.
• The order aims to reduce regulatory burdens, ensuring individuals are not unknowingly made criminals.

Policies Established:

• Criminal enforcement of regulatory offenses is discouraged.
• Prosecutions should target individuals who knowingly violate regulations and cause significant harm.
• Strict liability offenses are generally disfavored, with agencies encouraged to use civil enforcement instead.
• Agencies must clearly state regulations that carry criminal penalties, including applicable mens rea standards.

Reporting Requirements:

• Agency heads must report all criminal regulatory offenses and associated penalties to the Office of Management and Budget (OMB) within one year.
• The report should be publicly accessible and updated annually.
• Criminal enforcement is discouraged for offenses not listed in the report.

Rulemaking Procedures:

• Notices of proposed rulemaking (NPRMs) must indicate when a regulation constitutes a criminal regulatory offense.
• Regulatory text must specify a mens rea requirement for criminal offenses.
• Proposed strict liability offenses are deemed significant and require further review.

Mens Rea Standard:

• Agencies are to assess if they can adopt a generalized mens rea standard for criminal regulatory offenses.
• Agencies must submit a report proposing changes to applicable mens rea standards within 30 days of the initial report.

Guidance Publication:

• Within 45 days, agencies must publish guidance on addressing regulatory offenses, considering factors like harm caused and the defendant's awareness of the violation.

Exemptions:

• The order does not apply to immigration laws or regulations related to national security/defense.

General Provisions:

• The order does not impair existing legal authorities or create enforceable rights against the U.S. or its entities.