Fighting Overcriminalization in Federal Regulations
Directs a review of all federal regulations that carry criminal penalties and orders the elimination of criminal penalties for regulatory violations that do not involve willful or knowing conduct.
Section by Section
What each section does, and how they differ.
Directs agencies to reduce overcriminalization in federal regulations by establishing default mens rea standards.
Agencies to examine criminal regulatory offenses and consider default intent requirements.
Agencies to clarify meaning of knowledge, willfulness, and negligence in criminal regulatory context.
Agencies to submit reports examining criminal offenses and penalties within 365 days (one year).
Guidance on proportionality and enforcement factors for criminal regulatory referrals.
Agency heads to determine authority for background mens rea standard; submit plans for changing standards and deviations.
Agencies to publish guidance within 45 days on criminal referral criteria including harm, defendant gain, expertise, and awareness.
Order does not apply to immigration law enforcement or national security regulation enforcement.