Fighting Overcriminalization in Federal Regulations

This Executive Order directs federal agencies to reduce reliance on criminal enforcement of regulatory violations, particularly those lacking clear mens rea (intent) requirements. Agencies are instructed to inventory and publicly disclose all criminally enforceable regulations within one year, update this list annually, and strongly discourage prosecution of offenses not included. Agencies must also revise future rulemakings to identify authorizing statutes and clearly state applicable mental state requirements. Within 45 days, each agency must publish guidance outlining factors to consider when referring violations for criminal prosecution. The order favors civil or administrative enforcement over strict liability criminal penalties and excludes immigration and national security-related enforcement from its scope.

• All

Immediate; 45 days; 365 days.

Submit agency report listing all criminal regulatory offenses, penalties, and mens rea standards — within 365 days Publish agency guidance on criteria for criminal referrals — within 45 days Include mens rea and statutory authority in all future NPRMs and final rules with criminal penalties — effective immediately Treat any proposed strict liability offense as a “significant regulatory action” subject to OIRA review — effective immediately

No known legal challenges.