Eases the criminal enforcement of criminal regulatory offenses.
Within 365 days of the date of this order, the head of each agency shall provide to the Director of the Office of Management and Budget (OMB) a report that lists all criminal regulatory offenses enforceable by the agency or the Department of Justice. Criminal enforcement of any criminal regulatory offense not identified in the report is strongly discouraged.
All future notices of proposed rulemakings (NPRMs) and final rules published in the Federal Register, the violation of which may constitute criminal regulatory offenses, should include a statement identifying that the rule or proposed rule is a criminal regulatory offense and the authorizing statute.
The head of each agency, in consultation with the Attorney General, shall examine the agency’s statutory authorities and determine whether there is authority to adopt a background mens rea standard for criminal regulatory offenses that applies unless a specific regulation states an alternative mens rea.
Within 45 days of the date of this order, and in consultation with the Attorney General, each agency should publish guidance in the Federal Register describing its plan to address criminally liable regulatory offenses.
