Fighting Overcriminalization in Federal Regulations
1. Purpose
The order aims to reduce the regulatory burdens that risk criminalizing Americans unwittingly while shifting focus towards substantive violations of regulations.
2. Key Actions And Directives
- Report on Criminal Regulatory Offenses: Agency heads must report all criminal regulatory offenses enforceable, detailing the mens rea and penalties within 365 days.
- Guidance Publication: Agencies must publish guidelines on handling criminal regulatory offenses and criteria for Department of Justice referrals.
- Significant Regulatory Action Review: Any proposed or final rule that includes strict liability mens rea requires review as a 'significant regulatory action'.
- Transparency in Rulemaking: Notices of proposed rulemaking must clearly state the existence of criminal regulatory offenses and applicable standards.
3. Important Points
- Easing Regulatory Burdens: Aims to prevent individuals from becoming criminals for unknowingly violating regulations.
- Focus on Intentional Violations: Discourages criminal enforcement of regulatory offenses unless individuals knowingly violate laws.
- Priority on Civil Over Criminal: Suggests prioritizing civil enforcement methods over strict liability criminal charges.
- Mandatory Clarity in Regulations: Agencies must explicitly define conduct that can result in criminal penalties.
- Exclusions Noted: Order does not affect enforcement related to immigration or national security.
- Preservation of Executive Authorities: Affirms that the order does not impact existing executive authority granted by law.
Disclaimer: ExecBrief's are AI generated, Please verify with the original source to confirm
Click here to provide feedback to help us improve your experience!
Comments