Executive Order

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Fighting Overcriminalization in Federal Regulations

AI Summary: This is a policy document - an Executive Order issued by the President addressing the issue of overcriminalization in federal regulations. This regulation aims to limit criminal enforcement of regulatory offenses by establishing new guidelines for federal agencies. It requires agencies to comprehensively document and review their criminal regulatory offenses, with an emphasis on ensuring that criminal penalties are applied only when there is clear knowledge of wrongdoing. The order mandates that agencies identify all criminal regulatory offenses, publicly report them, and include clear mens rea (mental state) requirements when proposing new rules. Agencies must consider factors like potential harm, defendant's expertise, and awareness when deciding to pursue criminal enforcement. The regulation strongly discourages strict liability offenses, where criminal penalties can be imposed without proving intent, and seeks to make regulatory requirements more transparent and fair. Importantly, the order does not apply to immigration or national security regulations. The ultimate goal is to reduce the risk of unintentionally criminalizing conduct and to ensure that criminal enforcement is proportionate and justifiable.