By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose.
The regulatory landscape in the United States has reached a tipping point of absurdity. With the Code of Federal Regulations ballooning to over 48,000 sections and 175,000 pages, it is a Herculean task for any citizen to read, let alone comprehend, the legal labyrinth laid before them. The stakes are high; many regulations could lead to criminal charges for infractions that individuals may not even know exist. Estimates suggest that there could be hundreds of thousands of potential regulatory offenses hidden within this convoluted legal framework. The problem is compounded by the fact that many of these offenses are classified as “strict liability,” meaning that ignorance of the law is no defense—guilt is determined without regard to intent.
This state of affairs is not just ludicrous; it is fundamentally unjust. It grants the executive branch the dual role of lawmaker and enforcer, which opens the door to potential misuse of power. This regulatory quagmire favors large corporations that can afford the luxury of legal expertise, effectively sidelining the average American who may unknowingly stumble into criminality.
The aim of this order is to reduce the regulatory burden on citizens and ensure that no American is ensnared in the web of regulations without a fair chance to understand them.
Sec. 2. Policy.
It is the policy of the United States that:
- (a) The criminal enforcement of regulatory offenses is generally discouraged.
- (b) Prosecutions should primarily target those individuals who are aware, or should reasonably be aware, of the regulations and willfully choose to disregard them, especially if such actions pose significant public risks.
- (c) Strict liability offenses are “generally disfavored.” United States v. United States Gypsum, Co., 438 U.S. 422, 438 (1978). Where enforcement is necessary, agencies are encouraged to pursue civil rather than criminal actions, or administrative enforcement where due process and the right to a jury trial permit.
- (d) Agencies that create regulations subject to criminal enforcement must clearly delineate the behaviors that could lead to such penalties, including the relevant statutes and the mental state required for conviction.
Sec. 3. Definitions.
For the purposes of this order:
- (a) “Agency” refers to what is defined as an “Executive agency” in section 105 of title 5, United States Code;
- (b) “Criminal regulatory offense” denotes a federal regulation that carries a criminal penalty;
- (c) “Mens rea” indicates the mental state that must be established to convict someone of a crime.
Sec. 4. Report on Criminal Regulatory Offenses.
(a) Within one year of this order, agency heads, in consultation with the Attorney General, must submit to the Director of the Office of Management and Budget (OMB) a report that includes:
- (i) A comprehensive list of all criminal regulatory offenses enforceable by the agency or the Department of Justice;
- (ii) An outline of potential penalties for each offense and the applicable mens rea standards.
(b) In tandem with the above report, each agency must publicly post this information on its website.
(c) Agency heads are required to update this report regularly, at least once a year.
(d) Criminal enforcement of any regulatory offense not included in the report is strongly discouraged. When considering referrals to the Department of Justice or internal investigations, agency heads should take into account whether the offense is listed in their public report, and the Attorney General should similarly weigh this before pursuing any criminal actions.
Sec. 5. Promoting Regulatory Transparency.
(a) Following the issuance of this order, all future notices of proposed rulemaking (NPRMs) and final rules published in the Federal Register that might lead to criminal regulatory offenses should explicitly indicate that they are subject to criminal penalties and cite the relevant authorizing statute. Agencies are encouraged to draft these statements in collaboration with the Department of Justice.
(b) The regulatory text in all NPRMs and final rules with potential criminal consequences published thereafter should clearly outline the mens rea requirement for each offense, backed by references to the applicable statutes.
(c) Strict liability offenses in criminal regulations are discouraged. Any proposed or finalized regulatory offense that imposes strict liability will be regarded as a “significant regulatory action” and should be submitted for review to the Administrator of the Office of Information and Regulatory Affairs under Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), or any subsequent process.
Sec. 6. Default Mens Rea for Criminal Regulatory Offenses.
(a) Each agency head, in consultation with the Attorney General, will review their statutory authorities to determine if a universal mens rea standard can be established for criminal regulatory offenses, which would apply unless stated otherwise in specific regulations.
(b) Within 30 days following the report mentioned in section 4(a), agency heads must submit to the Director of OMB a summary of their findings and assess whether the mens rea standards are suitable. If appropriate, they should propose changes to adopt a general mens rea standard, justifying any deviations from this standard for specific offenses.
Sec. 7. Agency Referrals for Potential Criminal Enforcement.
Within 45 days of this order, agencies must publish guidance in the Federal Register detailing their approach to addressing criminally liable regulatory offenses. This guidance should clarify that when deciding whether to refer alleged violations to the Department of Justice, agencies must consider various factors, including:
- (a) The actual or potential harm caused by the alleged offense;
- (b) The potential benefits the alleged offender might gain from the violation;
- (c) Whether the offender possessed any specialized knowledge or licensing relevant to the regulation;
- (d) Any evidence regarding the offender’s awareness of the unlawfulness of their actions and their knowledge of the regulation in question.
Sec. 8. Effect on Immigration Enforcement and National Security Functions.
This order does not impact the enforcement of immigration laws or regulations connected to national security or defense.
Sec. 9. General Provisions.
(a) This order should not be interpreted as diminishing the authority granted to any executive department or agency, or its head;
(b) This order will be implemented in line with applicable laws and contingent on available appropriations.
(c) This order is not intended to confer any rights or benefits that may be enforceable by any party against the United States or its entities, officers, employees, or agents.
DONALD J. TRUMP
May 9, 2025.
