Fighting Overcriminalization In Federal Regulations

It seeks to prevent people from facing criminal penalties for obscure regulations they did not know existed. It also requires greater public disclosure of federal regulatory crimes and their required levels of intent.

What the order does ​

• Requires each executive agency, within 365 days, to publicly list its criminally enforceable regulations, potential penalties, and applicable intent standards, with annual updates.
• Strongly discourages criminal enforcement of regulatory offenses omitted from an agency’s public list.
• Directs agencies and the Attorney General to consider public harm, personal gain, specialized knowledge, and awareness of illegality before pursuing criminal cases.
• Directs future proposed and final rules carrying criminal consequences to identify their statutory authority and state the required level of intent.
• Subjects new strict-liability regulatory offenses to heightened review by the Office of Information and Regulatory Affairs.
• Requires agencies to assess whether they can establish default intent standards and propose changes to standards they find inappropriate.
• Directs agencies to publish enforcement guidance within 45 days.

Who it affects ​

• Individuals and businesses potentially subject to criminal penalties under federal regulations.
• Executive agencies that write or enforce regulations carrying criminal penalties.
• Federal prosecutors, agency investigators, and inspectors general handling regulatory violations.

Context ​

Immigration, national security, and defense enforcement are exempt from the order.