Presidential DocumentExecutive Order 140742022-11810
Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety
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Published
May 31, 2022
Signed
May 25, 2022
Issuing agencies
Executive Office of the President
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Presidential Documents]
[Pages 32945-32963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11810]
Presidential Documents
Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 /
Presidential Documents
[[Page 32945]]
Executive Order 14074 of May 25, 2022
Advancing Effective, Accountable Policing and
Criminal Justice Practices To Enhance Public Trust and
Public Safety
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby order as follows:
Section 1. Policy. Our criminal justice system must
respect the dignity and rights of all persons and
adhere to our fundamental obligation to ensure fair and
impartial justice for all. This is imperative--not only
to live up to our principles as a Nation, but also to
build secure, safe, and healthy communities. Protecting
public safety requires close partnerships between law
enforcement and the communities it serves. Public
safety therefore depends on public trust, and public
trust in turn requires that our criminal justice system
as a whole embodies fair and equal treatment,
transparency, and accountability.
Law enforcement officers are often a person's first
point of contact with our criminal justice system, and
we depend on them to uphold these principles while
doing the demanding and often life-threatening work of
keeping us safe. We expect them to help prevent and
solve crimes and frequently call upon them to respond
to social problems outside their expertise and beyond
their intended role, diverting attention from their
critical public safety mission and increasing the risks
of an already dangerous job--which has led to the
deaths of law enforcement officers and civilians alike.
The vast majority of law enforcement officers do these
difficult jobs with honor and integrity, and they work
diligently to uphold the law and preserve the public's
trust.
Yet, there are places in America today, particularly in
Black and Brown communities and other communities of
color, where the bonds of trust are frayed or broken.
We have collectively mourned following law enforcement
encounters that have tragically ended in the loss of
life. To heal as a Nation, we must acknowledge that
those fatal encounters have disparately impacted Black
and Brown people and other people of color. The pain of
the families of those who have been killed is magnified
when expectations for accountability go unmet, and the
echoes of their losses reverberate across generations.
More broadly, numerous aspects of our criminal justice
system are still shaped by race or ethnicity. It is
time that we acknowledge the legacy of systemic racism
in our criminal justice system and work together to
eliminate the racial disparities that endure to this
day. Doing so serves all Americans.
Through this order, my Administration is taking a
critical step in what must be part of a larger effort
to strengthen our democracy and advance the principles
of equality and dignity. While we can make policing
safer and more effective by strengthening trust between
law enforcement officers and the communities they
serve, we must also reform our broader criminal justice
system so that it protects and serves all people
equally. To be clear, certain obstacles to lasting
reform require legislative solutions. In particular,
system-wide change requires funding and support that
only the Congress can authorize. But my Administration
will use its full authority to take action, including
through the implementation of this order, to build and
sustain fairness and accountability throughout the
criminal justice system.
The need for such action could not be more urgent.
Since early 2020, communities around the country have
faced rising rates of violent crime,
[[Page 32946]]
requiring law enforcement engagement at a time when law
enforcement agencies are already confronting the
challenges of staffing shortages and low morale.
Strengthening community trust is more critical now than
ever, as a community's cooperation with the police to
report crimes and assist investigations is essential
for deterring violence and holding perpetrators
accountable. Reinforcing the partnership between law
enforcement and communities is imperative for combating
crime and achieving lasting public safety.
It is therefore the policy of my Administration to
increase public trust and enhance public safety and
security by encouraging equitable and community-
oriented policing. We must commit to new practices in
law enforcement recruitment, hiring, promotion, and
retention, as well as training, oversight, and
accountability. Insufficient resources, including those
dedicated to support officer wellness--needed more than
ever as officers confront rising crime and the effects
of the coronavirus disease 2019 (COVID-19) pandemic--
jeopardize the law enforcement community's ability to
build and retain a highly qualified and diverse
professional workforce. We must work together to ensure
that law enforcement agencies have the resources they
need as well as the capacity to attract, hire, and
retain the best personnel, including resources to
institute screening mechanisms to identify unqualified
applicants and to support officers in meeting the
stresses and challenges of the job. We must also ensure
that law enforcement agencies reflect the communities
they serve, protect all community members equally, and
offer comprehensive training and development
opportunities to line officers and supervisors alike.
Building trust between law enforcement agencies and the
communities they are sworn to protect and serve also
requires accountability for misconduct and transparency
through data collection and public reporting. It
requires proactive measures to prevent profiling based
on actual or perceived race, ethnicity, national
origin, religion, sex (including sexual orientation and
gender identity), or disability, including by ensuring
that new law enforcement technologies do not exacerbate
disparities based on these characteristics. It includes
ending discriminatory pretextual stops and offering
support for evidence-informed, innovative responses to
people with substance use disorders; people with mental
health needs; veterans; people with disabilities;
vulnerable youth; people who are victims of domestic
violence, sexual assault, or trafficking; and people
experiencing homelessness or living in poverty. It
calls for improving and clarifying standards for police
activities such as the execution of search warrants and
the use of force.
Many law enforcement agencies across the country--
including at the Federal, State, Tribal, local, and
territorial level--have already undertaken important
efforts to modernize policing and make our broader
criminal justice system more effective and more
equitable. Their work has inspired many of the
provisions of this order. These agencies--and the
officers who serve within them--deserve recognition for
their leadership and appreciation for setting a
standard that others can follow. This order seeks to
recognize these key reforms and implement them
consistently across Federal law enforcement agencies.
Through this order, the Federal Government will also
seek to provide State, Tribal, local, and territorial
law enforcement agencies with the guidance and support
they need to advance their own efforts to strengthen
public trust and improve public safety.
It is also the policy of my Administration to ensure
that conditions of confinement are safe and humane, and
that those who are incarcerated are not subjected to
unnecessary or excessive uses of force, are free from
prolonged segregation, and have access to quality
health care, including substance use disorder care and
mental health care. We must provide people who are
incarcerated with meaningful opportunities for
rehabilitation and the tools and support they need to
transition successfully back to society. Individuals
who have been involved in the criminal justice system
face many barriers in transitioning back into society,
including limited access
[[Page 32947]]
to housing, public benefits, health care, trauma-
informed services and support, education, nutrition,
employment and occupational licensing, credit, the
ballot, and other critical opportunities. Lowering
barriers to reentry is essential to reducing recidivism
and reducing crime.
Finally, no one should be required to serve an
excessive prison sentence. When the Congress passed the
First Step Act of 2018 (Public Law 115-391), it sought
to relieve people from unfair and unduly harsh
sentences, including those driven by harsh mandatory
minimums and the unjust sentencing disparity between
crack and powder cocaine offenses. My Administration
will fully implement the First Step Act, including by
supporting sentencing reductions in appropriate cases
and by allowing eligible incarcerated people to
participate in recidivism reduction programming and
earn time credits.
With these measures, together we can strengthen public
safety and the bonds of trust between law enforcement
and the community and build a criminal justice system
that respects the dignity and equality of all in
America.
Sec. 2. Sharing of Federal Best Practices with State,
Tribal, Local, and Territorial Law Enforcement Agencies
to Enhance Accountability. (a) Independent
Investigations of In-Custody Deaths. The Attorney
General shall issue guidance to State, Tribal, local,
and territorial law enforcement agencies (LEAs)
regarding best practices for conducting independent
criminal investigations of deaths in custody that may
involve conduct by law enforcement or prison personnel.
(b) Improving Training for Investigations into
Deprivation of Rights Under Color of Law. The Attorney
General shall assess the steps necessary to enhance the
Department of Justice's (DOJ's) capacity to investigate
law enforcement deprivation of rights under color of
law, including through improving and increasing
training of Federal law enforcement officers, their
supervisors, and Federal prosecutors on how to
investigate and prosecute cases involving the
deprivation of rights under color of law pursuant to 18
U.S.C. 242. The Attorney General shall also, as
appropriate, provide guidance, technical assistance,
and training to State, Tribal, local, and territorial
investigators and prosecutors on best practices for
investigating and prosecuting civil rights violations
under applicable law.
(c) Pattern or Practice Investigations. The
Attorney General shall consider ways in which the DOJ
could strengthen communication with State Attorneys
General to help identify relevant data, complaints from
the public, and other information that may assist the
DOJ's investigations of patterns or practices of
misconduct by law enforcement officers, including
prosecutors, pursuant to 34 U.S.C. 12601 and other
statutes. The Attorney General shall also develop
training and technical assistance for State, local, and
territorial officials who have similar investigatory
authority.
(d) Ensuring Timely Investigations. The heads of
all Federal LEAs shall assess whether any of their
respective agency's policies or procedures cause
unwarranted delay in investigations of Federal law
enforcement officers for incidents involving the use of
deadly force or deaths in custody, including delays in
interagency jurisdictional determinations and subject
and witness interviews, and shall, without abrogating
any collective bargaining obligations, make changes as
appropriate to ensure the integrity and effectiveness
of such investigations. Within 240 days of the date of
this order, the Attorney General, the Secretary of
Homeland Security, and the heads of other executive
departments and agencies (agencies) with law
enforcement authority shall report to the President
what, if any, changes to their respective policies or
practices they have made.
(e) Ensuring Thorough Investigations. The Attorney
General shall instruct the Federal Bureau of
Investigation (FBI) and all United States Attorneys to
coordinate closely with the internal oversight bodies
of Federal LEAs to ensure that, without abrogating any
collective bargaining obligations, for incidents
involving the use of deadly force or deaths in custody,
initial
[[Page 32948]]
investigative efforts (including evidence collection
and witness interviews) preserve the information
required to complete timely administrative
investigations as required by the Death in Custody
Reporting Act of 2013 (Public Law 113-242) and agency
use-of-force guidelines.
(f) Ensuring Timely and Consistent Discipline. The
heads of all Federal LEAs shall assess whether any of
their respective agency's policies or procedures cause
unwarranted delay or inconsistent application of
discipline for incidents involving the use of deadly
force or deaths in custody, and shall, without
abrogating any collective bargaining obligations, make
changes as appropriate. Within 240 days of the date of
this order, the Attorney General, the Secretary of
Homeland Security, and the heads of other Federal LEAs
shall report to the President what, if any, changes to
their respective policies or practices they have made.
Sec. 3. Strengthening Officer Recruitment, Hiring,
Promotion, and Retention Practices. (a) Within 180 days
of the date of this order, the Director of the Office
of Personnel Management shall convene and chair an
interagency working group to strengthen Federal law
enforcement recruitment, hiring, promotion, and
retention practices, with particular attention to
promoting an inclusive, diverse, and expert law
enforcement workforce, culminating in an action plan to
be published within 365 days of the date of this order.
The interagency working group shall consist of the
heads of Federal LEAs and shall consult with other
stakeholders, such as law enforcement organizations.
The interagency working group shall, to the extent
possible, coordinate on the development of a set of
core policies and best practices to be used across all
Federal LEAs regarding recruitment, hiring, promotion,
and retention, while also identifying any agency-
specific unique recruitment, hiring, promotion, and
retention challenges. As part of this process, the
interagency working group shall:
(i) assess existing policies and identify and share best practices for
recruitment and hiring, including by considering the merits and feasibility
of recruiting law enforcement officers who are representative of the
communities they are sworn to serve (including recruits who live in or are
from these communities) and by considering the recommendations made in the
Federal LEAs' strategic plans required under Executive Order 14035 of June
25, 2021 (Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce);
(ii) assess existing policies and identify and share best practices for
promotion and retention, including by identifying ways to expand mentorship
and leadership development opportunities for law enforcement officers;
(iii) develop best practices for ensuring that performance evaluations and
promotion decisions for Federal law enforcement officers include an
assessment of the officer's adherence to agency policies, and that
performance evaluations and promotion decisions for supervisors include an
assessment of the supervisor's effectiveness in addressing misconduct by
officers they supervise; and
(iv) develop best practices for conducting background investigations and
implementing properly validated selection procedures, including vetting
mechanisms and ongoing employment screening, that, consistent with the
First Amendment and all applicable laws, help avoid the hiring and
retention of law enforcement officers who promote unlawful violence, white
supremacy, or other bias against persons based on race, ethnicity, national
origin, religion, sex (including sexual orientation and gender identity),
or disability.
(b) Within 180 days of the publication of the
interagency working group's action plan described in
subsection (a) of this section, the heads of Federal
LEAs shall update and implement their policies and
protocols for recruiting, hiring, promotion, and
retention, consistent with the core policies and best
practices identified and developed pursuant to
subsection (a) of this section. Such policies and
protocols shall include mechanisms for Federal LEAs to
regularly assess the effectiveness of their
recruitment, hiring, promotion,
[[Page 32949]]
and retention practices in accomplishing the goals of
subsection (a) of this section.
(c) The heads of Federal LEAs shall develop and
implement protocols for background investigations and
screening mechanisms, consistent with the best
practices identified and developed pursuant to
subsection (a) of this section, for State, Tribal,
local, and territorial law enforcement participation in
programs or activities over which Federal agencies
exercise control, such as joint task forces or
international training and technical assistance
programs, including programs managed by the Department
of State and the Department of Justice.
(d) The Attorney General shall develop guidance
regarding best practices for State, Tribal, local, and
territorial LEAs seeking to recruit, hire, promote, and
retain highly qualified and service-oriented officers.
In developing this guidance, the Attorney General shall
consult with State, Tribal, local, and territorial law
enforcement, as appropriate, and shall incorporate the
best practices identified by the interagency working
group established pursuant to subsection (a) of this
section.
Sec. 4. Supporting Officer Wellness. (a) Within 180
days of the date of this order, the Attorney General
shall, in coordination with the Secretary of Health and
Human Services (HHS), develop and publish a report on
best practices to address law enforcement officer
wellness, including support for officers experiencing
substance use disorders, mental health issues, or
trauma from their duties. This report shall:
(i) consider the work undertaken already pursuant to the Law Enforcement
Mental Health and Wellness Act of 2017 (Public Law 115-113); and
(ii) identify existing and needed resources for supporting law enforcement
officer wellness.
(b) Upon publication of these best practices, the
Attorney General and the heads of all other Federal
LEAs shall assess their own practices and policies for
Federal officer wellness and develop and implement
changes as appropriate.
(c) The Attorney General shall, in coordination
with the Secretary of HHS and in consultation with
multidisciplinary experts and stakeholders, including
the National Consortium on Preventing Law Enforcement
Suicide and other law enforcement organizations,
conduct an assessment of current efforts and available
evidence on suicide prevention and present to the
President within 180 days of the date of this order
evidence-informed recommendations regarding the
prevention of death by suicide of law enforcement
officers. These recommendations shall also identify
methods to encourage submission of data from Federal,
State, Tribal, local, and territorial LEAs to the FBI's
Law Enforcement Suicide Data Collection, in a manner
that respects the privacy interests of law enforcement
officers and is consistent with applicable law.
Sec. 5. Establishing a National Law Enforcement
Accountability Database. (a) The Attorney General
shall, within 240 days of the date of this order,
establish the National Law Enforcement Accountability
Database (Accountability Database) as a centralized
repository of official records documenting instances of
law enforcement officer misconduct as well as
commendations and awards. The Attorney General shall
ensure that the establishment and administration of the
Accountability Database is consistent with the Privacy
Act of 1974 and all other applicable laws, and respects
appropriate due process protections for law enforcement
officers included in the Accountability Database.
(b) The Attorney General, in consultation with the
heads of other agencies as appropriate, shall take the
following actions with respect to the Accountability
Database established pursuant to subsection (a) of this
section:
(i) include in the Accountability Database all available information that
the Attorney General deems necessary, appropriate, and consistent with
[[Page 32950]]
law and with considerations of victim confidentiality, concerning
misconduct by Federal law enforcement officers relevant to carrying out
their official duties;
(ii) include in the Accountability Database, to the maximum extent
permitted by law, official records documenting officer misconduct,
including, as appropriate: records of criminal convictions; suspension of a
law enforcement officer's enforcement authorities, such as de-
certification; terminations; civil judgments, including amounts (if
publicly available), related to official duties; and resignations or
retirements while under investigation for serious misconduct or sustained
complaints or records of disciplinary action based on findings of serious
misconduct;
(iii) include in the Accountability Database records of officer
commendations and awards, as the Attorney General deems appropriate; and
(iv) establish appropriate procedures to ensure that the records stored in
the Accountability Database are accurate, including by providing officers
with sufficient notice and access to their records, as well as a full and
fair opportunity to request amendment or removal of any information about
themselves from the Accountability Database on the grounds that it is
inaccurate or that it is predicated on an official proceeding that lacked
appropriate due process protections.
(c) Requirements for the submission of information
to the Accountability Database are as follows:
(i) the heads of Federal LEAs shall submit the information determined
appropriate for inclusion by the Attorney General under subsection (b) of
this section on a quarterly basis, beginning no later than 60 days from the
establishment of the Accountability Database; and
(ii) the Attorney General shall encourage State, Tribal, local, and
territorial LEAs to contribute to and use the Accountability Database in a
manner consistent with subsection (b)(i) of this section and as permitted
by law. The Attorney General shall also issue appropriate guidance and
technical assistance to further this goal.
(d) In establishing the Accountability Database
under subsection (a) of this section, the Attorney
General shall:
(i) make use of Federal records from DOJ databases to the maximum extent
permitted by law;
(ii) make use of information held by other agencies or entities by entering
into agreements with the heads of other agencies or entities, as necessary
and appropriate;
(iii) make use of publicly accessible and reliable sources of information,
such as court records, as necessary and appropriate; and
(iv) make use of information submitted by State, Tribal, local, and
territorial LEAs, as necessary and appropriate.
(e) The heads of Federal LEAs shall ensure that the
Accountability Database established pursuant to
subsection (a) of this section is used, as appropriate
and consistent with applicable law, in the hiring, job
assignment, and promotion of law enforcement officers
within Federal LEAs, as well as in the screening of
State, Tribal, local, and territorial law enforcement
officers who participate in programs or activities over
which Federal agencies exercise control, such as joint
task forces or international training and technical
assistance programs, including programs managed by the
Department of State and the DOJ.
(f) The Attorney General shall establish procedures
for the submission of employment-related inquiries by
Federal, State, Tribal, local, and territorial LEAs,
and for the provision, upon such a query, of relevant
information to the requestor as appropriate. The
Attorney General shall develop guidance
[[Page 32951]]
and provide technical assistance to encourage State,
Tribal, local, and territorial LEAs to integrate use of
the Accountability Database established pursuant to
subsection (a) of this section into their hiring
decisions, consistent with applicable law.
(g) The Attorney General shall ensure that all
access to the Accountability Database established
pursuant to subsection (a) of this section is
consistent with applicable law, and shall also take the
following steps related to public access to the
Accountability Database:
(i) publish on at least an annual basis public reports that contain
anonymized data from the Accountability Database aggregated by law
enforcement agency and by any other factor determined appropriate by the
Attorney General, in a manner that does not jeopardize law enforcement
officer anonymity due to the size of the agency or other factors; and
(ii) assess the feasibility of what records from the Accountability
Database may be accessible to the public and the manner in which any such
records may be accessible by the public, taking into account the critical
need for public trust, transparency, and accountability, as well as the
duty to protect the safety, privacy, and due process rights of law
enforcement officers who may be identified in the Accountability Database,
including obligations under the Privacy Act of 1974 and any other relevant
legal obligations; protection of sensitive law enforcement operations; and
victim, witness, and source confidentiality.
(h) The Attorney General shall determine whether
additional legislation or appropriation of funds is
needed to achieve the full objectives of this section.
Sec. 6. Improving Use-of-Force Data Collection. (a)
Within 180 days of the date of this order, the heads of
Federal LEAs shall submit data on a monthly basis to
the FBI National Use-of-Force Data Collection (Use-of-
Force Database), in accordance with the definitions and
categories set forth by the FBI. To the extent not
already collected, such data shall include either all
deaths of a person due to law enforcement use of force
(including deaths in custody incident to an official
use of force); all serious bodily injuries of a person
due to law enforcement use of force; all discharges of
a firearm by law enforcement at or in the direction of
a person not otherwise resulting in death or serious
bodily injury; or, if applicable, a report for each
category that no qualifying incidents occurred and:
(i) information about the incident, including date, time, and location; the
reason for initial contact; the offenses of which the subject was
suspected, if any; the charges filed against the suspect by a prosecutor,
if any; and the National Incident-Based Reporting System (NIBRS) record or
local incident number of the report;
(ii) information about the subject of the use of force, including
demographic data by subcategory to the maximum extent possible; types of
force used against the subject; resulting injuries or death; and reason for
the use of force, including any threat or resistance from, or weapon
possessed by, the subject;
(iii) information about the officers involved, including demographic data
by subcategory to the maximum extent possible; years of service in law
enforcement and employing agency at the time of the incident; and resulting
injuries or death; and
(iv) such other information as the Attorney General deems appropriate.
(b) The Attorney General, in consultation with the
United States Chief Technology Officer, shall work with
State, Tribal, local, and territorial LEAs to identify
the obstacles to their participation in the Use-of-
Force Database; to reduce the administrative burden of
reporting by using existing data collection efforts and
improving those LEAs' experience; and to provide
training and technical assistance to those LEAs to
encourage and facilitate their regular submission of
use-of-force information to the Use-of-Force Database.
[[Page 32952]]
(c) The Attorney General shall, in a manner that
does not reveal the identity of any victim or law
enforcement officer, publish quarterly data collected
pursuant to subsection (a) of this section and make the
data available for research and statistical purposes,
in accordance with the standards of data privacy and
integrity required by the Office of Management and
Budget (OMB).
(d) The Attorney General shall also provide
training and technical assistance to encourage State,
Tribal, local, and territorial LEAs to submit
information to the Law Enforcement Officers Killed and
Assaulted Data Collection program of the FBI's Uniform
Crime Reporting Program.
(e) The Attorney General shall publish a report
within 120 days of the date of this order on the steps
the DOJ has taken and plans to take to fully implement
the Death in Custody Reporting Act of 2013.
Sec. 7. Banning Chokeholds and Carotid Restraints. (a)
The heads of Federal LEAs shall, as soon as
practicable, but no later than 90 days from the date of
this order, ensure that their respective agencies issue
policies with requirements that are equivalent to, or
exceed, the requirements of the policy issued by the
DOJ on September 13, 2021, which generally prohibits
the use of chokeholds and carotid restraints except
where the use of deadly force is authorized by law.
(b) The head of every Federal LEA shall incorporate
training consistent with this section.
Sec. 8. Providing Federal Law Enforcement Officers with
Clear Guidance on Use-of-Force Standards. (a) The heads
of Federal LEAs shall, as soon as practicable but no
later than 90 days from the date of this order, ensure
that their respective agencies issue policies with
requirements that reflect principles of valuing and
preserving human life and that are equivalent to, or
exceed, the requirements of the policy issued by the
DOJ on May 20, 2022, which establishes standards and
obligations for the use of force.
(b) The heads of Federal LEAs shall, within 365
days of the date of this order, incorporate annual,
evidence-informed training for their respective law
enforcement officers that is consistent with the DOJ's
use-of-force policy; implement early warning systems or
other risk management tools that enable supervisors to
identify problematic conduct and appropriate
interventions to help prevent avoidable uses of force;
and ensure the use of effective mechanisms for holding
their law enforcement officers accountable for
violating the policies addressed in subsection (a) of
this section, consistent with sections 2(f) and
3(a)(iii) of this order.
Sec. 9. Providing Anti-Bias Training and Guidance. (a)
Within 180 days of the date of this order, the Director
of the Office of Personnel Management and the Attorney
General shall develop an evidence-informed training
module for law enforcement officers on implicit bias
and avoiding improper profiling based on the actual or
perceived race, ethnicity, national origin, limited
English proficiency, religion, sex (including sexual
orientation and gender identity), or disability of
individuals.
(b) The heads of Federal LEAs shall, to the extent
consistent with applicable law, ensure that their law
enforcement officers complete such training annually.
(c) The heads of Federal LEAs shall, to the extent
consistent with applicable law, establish that
effective procedures are in place for receiving,
investigating, and responding meaningfully to
complaints alleging improper profiling or bias by
Federal law enforcement officers.
(d) Federal agencies that exercise control over
joint task forces or international training and
technical assistance programs in which State, Tribal,
local, and territorial officers participate shall
include training on implicit bias and profiling as part
of any training program required by the Federal agency
for officers participating in the task force or
program.
(e) The Attorney General, in collaboration with the
Secretary of Homeland Security and the heads of other
agencies as appropriate, shall assess the
[[Page 32953]]
implementation and effects of the DOJ's December 2014
Guidance for Federal Law Enforcement Agencies Regarding
the Use of Race, Ethnicity, Gender, National Origin,
Religion, Sexual Orientation, or Gender Identity;
consider whether this guidance should be updated; and
report to the President within 180 days of the date of
this order as to any changes to this guidance that have
been made.
Sec. 10. Restricting No-Knock Entries. (a) The heads of
Federal LEAs shall, as soon as practicable, but no
later than 60 days from the date of this order, ensure
that their respective agencies issue policies with
requirements that are equivalent to, or exceed, the
requirements of the policy issued by the DOJ on
September 13, 2021, which limits the use of unannounced
entries, often referred to as ``no-knock entries,'' and
provides guidance to ensure the safe execution of
announced entries.
(b) The heads of Federal LEAs shall maintain
records of no-knock entries.
(c) The heads of Federal LEAs shall issue annual
reports to the President--and post the reports
publicly--setting forth the number of no-knock entries
that occurred pursuant to judicial authorization; the
number of no-knock entries that occurred pursuant to
exigent circumstances; and disaggregated data by
circumstances for no-knock entries in which a law
enforcement officer or other person was injured in the
course of a no-knock entry.
Sec. 11. Assessing and Addressing the Effect on
Communities of Use of Force by Law Enforcement. (a) The
Secretary of HHS shall, within 180 days of the date of
this order, conduct a nationwide study of the community
effects of use of force by law enforcement officers
(whether lawful or unlawful) on physical, mental, and
public health, including any disparate impacts on
communities of color, and shall publish a public report
including these findings.
(b) The Attorney General, the Secretary of HHS, and
the Director of OMB shall, within 60 days of the
completion of the report described in subsection (a) of
this section, provide a report to the President
outlining what resources are available and what
additional resources may be needed to provide widely
and freely accessible mental health and social support
services for individuals and communities affected by
incidents of use of force by law enforcement officers.
(c) The Attorney General, in collaboration with the
heads of other agencies as appropriate, shall issue
guidance for Federal, State, Tribal, local, and
territorial LEAs on best practices for planning and
conducting law enforcement-community dialogues to
improve relations and communication between law
enforcement and communities, particularly following
incidents involving use of deadly force.
(d) Within 180 days of the date of this order, the
Attorney General, in collaboration with the heads of
other agencies as appropriate, shall issue guidance for
Federal, State, Tribal, local, and territorial LEAs, or
other entities responsible for providing official
notification of deaths in custody, on best practices to
promote the timely and appropriate notification of, and
support to, family members or emergency contacts of
persons who die in correctional or LEA custody,
including deaths resulting from the use of force.
(e) After the issuance of the guidance described in
subsection (d) of this section, the heads of Federal
LEAs shall assess and revise their policies and
procedures as necessary to accord with that guidance.
Sec. 12. Limiting the Transfer or Purchase of Certain
Military Equipment by Law Enforcement. (a) The
Secretary of the Treasury, the Secretary of Defense,
the Attorney General, the Secretary of Homeland
Security, and the Administrator of General Services
shall each review all programs and authorities
concerning property transfers to State, Tribal, local,
and territorial LEAs, or property purchases by State,
Tribal, local, and territorial LEAs either with Federal
funds or from Federal agencies or contractors,
including existing transfer contracts or grants. Within
60 days of the date of this order, the Secretary of the
Treasury, the Secretary of Defense, the Attorney
[[Page 32954]]
General, the Secretary of Homeland Security, and the
Administrator of General Services shall determine
whether, pursuant to this order, such transfers or
purchases can, consistent with applicable law, be
prohibited beyond existing restrictions and, if so,
shall further prohibit any such transfers or purchases,
of the following property to the extent not already
prohibited:
(i) firearms of .50 or greater caliber;
(ii) ammunition of .50 or greater caliber;
(iii) firearm silencers, as defined in 18 U.S.C. 921(a)(24);
(iv) bayonets;
(v) grenade launchers;
(vi) grenades (including stun and flash-bang);
(vii) explosives (except for explosives and percussion actuated non-
electric disruptors used for accredited bomb squads and explosive detection
canine training);
(viii) any vehicles that do not have a commercial application, including
all tracked and armored vehicles, unless the LEA certifies that the vehicle
will be used exclusively for disaster-related emergencies; active shooter
scenarios; hostage or other search and rescue operations; or anti-terrorism
preparedness, protection, prevention, response, recovery, or relief;
(ix) weaponized drones and weapons systems covered by DOD Directive 3000.09
of November 21, 2012, as amended (Autonomy in Weapon Systems);
(x) aircraft that are combat-configured or combat-coded, have no
established commercial flight application, or have no application for
disaster-related emergencies; active shooter scenarios; hostage or other
search and rescue operations; or anti-terrorism preparedness, protection,
prevention, response, recovery, or relief; and
(xi) long-range acoustic devices that do not have a commercial application.
(b) Federal agencies shall review and take all
necessary action, as appropriate and consistent with
applicable law, to comply with and implement the
recommendations established by the former Law
Enforcement Equipment Working Group (LEEWG) pursuant to
Executive Order 13688 of January 16, 2015 (Federal
Support for Local Law Enforcement Equipment
Acquisition), as contained in the LEEWG's May 2015
Report (Recommendations Pursuant to Executive Order
13688, Federal Support for Local Law Enforcement
Equipment Acquisition), and October 2016 Implementation
Update (Recommendations Pursuant to Executive Order
13688, Federal Support for Local Law Enforcement
Equipment Acquisition). To the extent that there is any
inconsistency between this order and either the LEEWG's
May 2015 Report or October 2016 Implementation Update,
this order shall supersede those documents.
(c) Prior to transferring any property included in
the ``controlled equipment list'' within the October
2016 Implementation Update referenced in subsection (b)
of this section, the agencies listed in subsection (a)
of this section shall take all necessary action, as
appropriate and consistent with applicable law, to
ensure that the recipient State, Tribal, local, or
territorial LEA:
(i) submits to that agency a description of how the recipient expects to
use the property and demonstrates that the property will be tracked in an
asset management system;
(ii) certifies that if the recipient determines that the property is
surplus to its needs, the recipient will return the property;
(iii) certifies that the recipient notified the local community of its
request for the property and translated the notification into appropriate
languages to inform individuals with limited English proficiency, and
certifies that the recipient notified the city council or other local
governing body of
[[Page 32955]]
its intent to request the property and that the request comports with all
applicable approval requirements of the local governing body; and
(iv) agrees to return the property if the DOJ determines or a Federal,
State, Tribal, local, or territorial court enters a final judgment finding
that the LEA has engaged in a pattern or practice of civil rights
violations.
Sec. 13. Ensuring Appropriate Use of Body-Worn Cameras
and Advanced Law Enforcement Technologies. (a) The
heads of Federal LEAs shall take the following actions
with respect to body-worn camera (BWC) policies:
(i) As soon as practicable, but no later than 90 days from the date of this
order, the heads of Federal LEAs shall ensure that their respective
agencies issue policies with requirements that are equivalent to, or
exceed, the requirements of the policy issued by the DOJ on June 7, 2021,
requiring the heads of certain DOJ law enforcement components to develop
policies regarding the use of BWC recording equipment. The heads of Federal
LEAs shall further identify the resources necessary to fully implement such
policies.
(ii) For Federal LEAs that regularly conduct patrols or routinely engage
with the public in response to emergency calls, the policies issued under
subsection (a)(i) of this section shall be designed to ensure that cameras
are worn and activated in all appropriate circumstances, including during
arrests and searches.
(iii) The heads of Federal LEAs shall ensure that all BWC policies shall be
publicly posted and shall be designed to promote transparency and protect
the privacy and civil rights of members of the public.
(b) Federal LEAs shall include within the policies
developed pursuant to subsection (a)(i) of this section
protocols for expedited public release of BWC video
footage following incidents involving serious bodily
injury or deaths in custody, which shall be consistent
with applicable law, including the Privacy Act of 1974,
and shall take into account the need to promote
transparency and accountability, the duty to protect
the privacy rights of persons depicted in the footage,
and any need to protect ongoing law enforcement
operations.
(c) Within 365 days of the date of this order, the
Attorney General, in coordination with the Secretary of
HHS and the Director of the Office of Science and
Technology Policy (OSTP), shall conduct a study that
assesses the advantages and disadvantages of officer
review of BWC footage prior to the completion of
initial reports or interviews concerning an incident
involving use of force, including an assessment of
current scientific research regarding the effects of
such review. Within 180 days of the completion of that
study, the Attorney General, in coordination with the
Secretary of HHS, shall publish a report detailing the
findings of that study, and shall identify best
practices regarding law enforcement officer review of
BWC footage.
(d) Within 180 days of the date of this order, the
Attorney General shall request the National Academy of
Sciences (NAS), through its National Research Council,
to enter into a contract to:
(i) conduct a study of facial recognition technology, other technologies
using biometric information, and predictive algorithms, with a particular
focus on the use of such technologies and algorithms by law enforcement,
that includes an assessment of how such technologies and algorithms are
used, and any privacy, civil rights, civil liberties, accuracy, or
disparate impact concerns raised by those technologies and algorithms or
their manner of use; and
(ii) publish a report detailing the findings of that study, as well as any
recommendations for the use of or for restrictions on facial recognition
technologies, other technologies using biometric information, and
predictive algorithms by law enforcement.
(e) The Attorney General, the Secretary of Homeland
Security, and the Director of OSTP shall jointly lead
an interagency process regarding the
[[Page 32956]]
use by LEAs of facial recognition technology, other
technologies using biometric information, and
predictive algorithms, as well as data storage and
access regarding such technologies, and shall:
(i) ensure that the interagency process addresses safeguarding privacy,
civil rights, and civil liberties, and ensure that any use of such
technologies is regularly assessed for accuracy in the specific deployment
context; does not have a disparate impact on the basis of race, ethnicity,
national origin, religion, sex (including sexual orientation and gender
identity), or disability; and is consistent with the policy announced in
section 1 of this order;
(ii) coordinate and consult with:
(A) the NAS, including by incorporating and responding to the study
described in subsection (d)(i) of this section;
(B) the Subcommittee on Artificial Intelligence and Law Enforcement
established by section 5104(e) of the National Artificial Intelligence
Initiative Act of 2020 (Division E of Public Law 116-283); and
(C) law enforcement, civil rights, civil liberties, criminal defense, and
data privacy organizations; and
(iii) within 18 months of the date of this order, publish a report that:
(A) identifies best practices, specifically addressing the concerns
identified in subsection (e)(i) of this section;
(B) describes any changes made to relevant policies of Federal LEAs; and
(C) recommends guidelines for Federal, State, Tribal, local, and
territorial LEAs, as well as technology vendors whose goods or services are
procured by the Federal Government, on the use of such technologies,
including electronic discovery obligations regarding the accuracy and
disparate impact of technologies employed in specific cases.
(f) The heads of Federal LEAs shall review the
conclusions of the interagency process described in
subsection (e) of this section and, where appropriate,
update each of their respective agency's policies
regarding the use of facial recognition technology,
other technologies using biometric information, and
predictive algorithms, as well as data storage and
access regarding such technologies.
Sec. 14. Promoting Comprehensive and Collaborative
Responses to Persons in Behavioral or Mental Health
Crisis. (a) Within 180 days of the date of this order,
the Attorney General and the Secretary of HHS, in
coordination with the heads of other agencies and after
consultation with stakeholders, including service
providers, nonprofit organizations, and law enforcement
organizations, as appropriate, shall assess and issue
guidance to State, Tribal, local, and territorial
officials on best practices for responding to calls and
interacting with persons in behavioral or mental health
crisis or persons who have disabilities.
(b) The assessment made under subsection (a) of
this section shall draw on existing evidence and
include consideration of co-responder models that pair
law enforcement with health or social work
professionals; alternative responder models, such as
mobile crisis response teams for appropriate
situations; community-based crisis centers and the
facilitation of post-crisis support services, including
supported housing, assertive community treatment, and
peer support services; the risks associated with
administering sedatives and pharmacological agents such
as ketamine outside of a hospital setting to subdue
individuals in behavioral or mental health crisis
(including an assessment of whether the decision to
administer such agents should be made only by
individuals licensed to prescribe them); and the
Federal resources, including Medicaid, that can be used
to implement the identified best practices.
Sec. 15. Supporting Alternatives to Arrest and
Incarceration and Enhancing Reentry. (a) There is
established a Federal Interagency Alternatives and
[[Page 32957]]
Reentry Committee (Committee), to be chaired by the
Assistant to the President for Domestic Policy.
(b) Committee members shall include:
(i) the Secretary of the Treasury;
(ii) the Attorney General;
(iii) the Secretary of the Interior;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of HHS;
(viii) the Secretary of Housing and Urban Development;
(ix) the Secretary of Transportation;
(x) the Secretary of Energy;
(xi) the Secretary of Education;
(xii) the Secretary of Veterans Affairs;
(xiii) the Secretary of Homeland Security;
(xiv) the Director of OMB;
(xv) the Administrator of the Small Business Administration;
(xvi) the Counsel to the President;
(xvii) the Chief of Staff to the Vice President;
(xviii) the Chair of the Council of Economic Advisers;
(xix) the Director of the National Economic Council;
(xx) the Director of OSTP;
(xxi) the Director of National Drug Control Policy;
(xxii) the Director of the Office of Personnel Management;
(xxiii) the Chief Executive Officer of the Corporation for National and
Community Service;
(xxiv) the Executive Director of the Gender Policy Council; and
(xxv) the heads of such other executive departments, agencies, and offices
as the Chair may designate or invite.
(c) The Committee shall consult and coordinate with
the DOJ Reentry Coordination Council, which was formed
in compliance with the requirement of the First Step
Act that the Attorney General convene an interagency
effort to coordinate on Federal programs, policies, and
activities relating to the reentry of individuals
returning from incarceration to the community. See sec.
505(a) of the First Step Act. The Committee may consult
with other agencies; Government officials; outside
experts; interested persons; service providers;
nonprofit organizations; law enforcement organizations;
and State, Tribal, local, and territorial governments,
as appropriate.
(d) The Committee shall develop and coordinate
implementation of an evidence-informed strategic plan
across the Federal Government within 200 days of the
date of this order to advance the following goals, with
particular attention to reducing racial, ethnic, and
other disparities in the Nation's criminal justice
system:
(i) safely reducing unnecessary criminal justice interactions, including by
advancing alternatives to arrest and incarceration; supporting effective
alternative responses to substance use disorders, mental health needs, the
needs of veterans and people with disabilities, vulnerable youth, people
who are victims of domestic violence, sexual assault, or trafficking, and
people experiencing homelessness or living in poverty; expanding the
[[Page 32958]]
availability of diversion and restorative justice programs consistent with
public safety; and recommending effective means of addressing minor traffic
and other public order infractions to avoid unnecessarily taxing law
enforcement resources;
(ii) supporting rehabilitation during incarceration, such as through
educational opportunities, job training, medical and mental health care,
trauma-informed care, substance use disorder treatment and recovery
support, and continuity of contact with children and other family members;
and
(iii) facilitating reentry into society of people with criminal records,
including by providing support to promote success after incarceration;
sealing or expunging criminal records, as appropriate; and removing
barriers to securing government-issued identification, housing, employment,
occupational licenses, education, health insurance and health care, public
benefits, access to transportation, and the right to vote.
(e) With respect to the goals described in
subsections (d)(i) and (d)(ii) of this section, the
Committee's strategic plan shall make recommendations
for State, Tribal, local, and territorial criminal
justice systems. With respect to the goal described in
subsection (d)(iii) of this section, the Committee's
strategic plan shall make recommendations for Federal,
State, Tribal, local, and territorial criminal justice
systems, and shall be informed by the Attorney
General's review conducted pursuant to subsection (f)
of this section. Following the 200 days identified in
subsection (d) of this section, all agency participants
shall continue to participate in, and provide regular
updates to, the Committee regarding their progress in
achieving the goals described in subsections (d)(i)
through (iii) of this section.
(f) Within 150 days of the date of this order, the
Attorney General shall submit a report to the President
that provides a strategic plan to advance the goals in
subsections (d)(ii) and (d)(iii) of this section as
they relate to the Federal criminal justice system. In
developing that strategic plan, the Attorney General
shall, as appropriate, consult with the heads of other
relevant agencies to improve the Federal criminal
justice system, while safeguarding the DOJ's
independence and prosecutorial discretion.
(g) The Committee and the Attorney General's
efforts pursuant to this section may incorporate and
build upon the report to the Congress issued pursuant
to section 505(b) of the First Step Act. The Committee
may refer the consideration of specific topics to be
separately considered by the DOJ Reentry Coordination
Council, with the approval of the Attorney General.
(h) Within 90 days of the date of this order and
annually thereafter, and after appropriate consultation
with the Administrative Office of the United States
Courts, the United States Sentencing Commission, and
the Federal Defender Service, the Attorney General
shall coordinate with the DOJ Reentry Coordination
Council and the DOJ Civil Rights Division to publish a
report on the following data, disaggregated by judicial
district:
(i) the resources currently available to individuals on probation or
supervised release, and the additional resources necessary to ensure that
the employment, housing, educational, and reentry needs of offenders are
fulfilled; and
(ii) the number of probationers and supervised releasees revoked, modified,
or reinstated for Grade A, B, and C violations, disaggregated by
demographic data and the mean and median sentence length for each
demographic category.
Sec. 16. Supporting Safe Conditions in Prisons and
Jails. (a) For the duration of the HHS public health
emergency declared with respect to COVID-19, the
Attorney General shall continue to implement the core
public health measures, as appropriate, of masking,
distancing, testing, and vaccination in Federal
prisons. In addition, the Attorney General shall
undertake, as appropriate, the following actions within
120 days of the date of this order:
[[Page 32959]]
(i) updating Federal Bureau of Prisons (BOP) and United States Marshals
Service (USMS) procedures and protocols, in consultation with the Secretary
of HHS, as appropriate, to facilitate COVID-19 testing of BOP staff and
individuals in BOP custody who are asymptomatic or symptomatic and do not
have known, suspected, or reported exposure to SARS-CoV-2, the virus that
causes COVID-19;
(ii) updating BOP and USMS procedures and protocols, in consultation with
the Secretary of HHS, to identify alternatives consistent with public
health recommendations to the use of facility-wide lockdowns to prevent the
transmission of SARS-CoV-2, or to the use of restrictive housing for
detainees and prisoners who have tested positive for SARS-CoV-2 or have
known, suspected, or reported exposure;
(iii) identifying the number of individuals who meet the eligibility
requirements under the CARES Act (Public Law 116-136), the First Step Act,
18 U.S.C. 3582(c), 18 U.S.C. 3622, and 18 U.S.C. 3624, for release as part
of the DOJ's efforts to mitigate the impact and spread of COVID-19; and
(iv) expanding the sharing and publication of BOP and USMS data, in
consultation with the Secretary of HHS, regarding vaccination, testing,
infections, and fatalities due to COVID-19 among staff, prisoners, and
detainees, in a manner that ensures the thoroughness and accuracy of the
data; protects privacy; and disaggregates the data by race, ethnicity, age,
sex, disability, and facility, after consulting with the White House COVID-
19 Response Team, HHS, and the Equitable Data Working Group established in
Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government), as
appropriate.
(b) The Attorney General shall take the following
actions relating to other conditions of confinement in
Federal detention facilities:
(i) within 180 days of the date of this order, submit a report to the
President detailing steps the DOJ has taken, consistent with applicable
law, to ensure that restrictive housing in Federal detention facilities is
used rarely, applied fairly, and subject to reasonable constraints; to
ensure that individuals in DOJ custody are housed in the least restrictive
setting necessary for their safety and the safety of staff, other prisoners
and detainees, and the public; to house prisoners as close to their
families as practicable; and to ensure the DOJ's full implementation, at a
minimum, of the Prison Rape Elimination Act of 2003 (Public Law 108-79) and
the recommendations of the DOJ's January 2016 Report and Recommendations
Concerning the Use of Restrictive Housing; and
(ii) within 240 days of the date of this order, complete a comprehensive
review and transmit a report to the President identifying any planned steps
to address conditions of confinement, including steps designed to improve
the accessibility and quality of medical care (including behavioral and
mental health care), the specific needs of women (including breast and
cervical cancer screening, gynecological and reproductive health care, and
prenatal and postpartum care), the specific needs of juveniles (including
age-appropriate programming), recovery support services (including
substance use disorder treatment and trauma-informed care), and the
environmental conditions for all individuals in BOP and USMS custody.
Sec. 17. Advancing First Step Act Implementation. (a)
The Attorney General is reviewing and updating as
appropriate DOJ regulations, policies, and guidance in
order to fully implement the provisions and intent of
the First Step Act, and shall continue to do so
consistent with the policy announced in section 1 of
this order. Within 180 days of the date of this order
and annually thereafter, the Attorney General shall, in
consultation with the Director of OMB, submit a report
to the President summarizing:
(i) the rehabilitative purpose for each First Step Act expenditure and
proposal for the prior and current fiscal years, detailing the number of
available and proposed dedicated programming staff and resources, the
[[Page 32960]]
use of augmentation among BOP staff, and BOP staffing levels at each
facility;
(ii) any additional funding necessary to fully implement the rehabilitative
purpose of the First Step Act, ensure dedicated programming staff for all
prisoners, and address staffing shortages in all BOP facilities; and
(iii) the following information on the BOP's risk assessment tool, Prisoner
Assessment Tool Targeting Estimated Risk and Needs (PATTERN):
(A) the number of individuals released early due to Earned Time Credits
who were subsequently convicted and sentenced, as defined by United States
Sentencing Guideline sec. 4A1.1(a), in the year following their release,
disaggregated by their PATTERN risk level category of ``Minimum,'' ``Low,''
``Medium,'' or ``High'' at time of release;
(B) an assessment of any disparate impact of PATTERN, including the
weighting of static and dynamic risk factors and of the statutorily
enumerated offenses and prior convictions that render individuals
ineligible to earn time credits; and
(C) a strategic plan and timeline to improve PATTERN, including by
addressing any disparities and developing a needs-based assessment system.
Sec. 18. Collecting Comprehensive Criminal Justice
Statistics. (a) The Attorney General, in consultation
with the United States Chief Data Scientist and the
United States Chief Statistician, shall review the
status of State, Tribal, local, and territorial LEAs
transitioning from the Summary Reporting System to the
NIBRS in the FBI's Uniform Crime Reporting Program, and
shall submit a report to the President within 120 days
of the date of this order summarizing the status of
that transition for State, Tribal, local, and
territorial LEAs and including recommendations to
maximize participation in the NIBRS.
(b) Within 365 days of the date of this order, the
Attorney General, through the Director of the Bureau of
Justice Statistics, and the Director of OMB, through
the United States Chief Statistician, shall jointly
submit a report to the President detailing what, if
any, steps the agencies will take:
(i) to improve their current data collections, such as the National Crime
Victimization Survey and the Police-Public Contact Survey Supplement,
including how to ensure that such data collections are undertaken and
published annually, and that they include victimization surveys that
measure law enforcement use of force; serious bodily injury or death that
occurs in law enforcement encounters; public trust in law enforcement; and
actual or perceived bias by demographic subgroups defined by race,
ethnicity, and sex (including sexual orientation and gender identity); and
(ii) to improve the Law Enforcement Management and Administrative
Statistics Survey, with a focus on ensuring that such data collections are
undertaken and published regularly and measure law enforcement workforce
data, use of force, public trust in law enforcement, and actual or
perceived bias.
(c) The Equitable Data Working Group established in
Executive Order 13985 shall work with the National
Science and Technology Council to create a Working
Group on Criminal Justice Statistics (Working Group),
which shall be composed of representatives of the
Domestic Policy Council and the office of the Counsel
to the President, the DOJ, OMB, and OSTP, and which
shall, as appropriate, consult with representatives of
the Federal Defender Services; civil rights, civil
liberties, data privacy, and law enforcement
organizations; and criminal justice data scientists.
(i) Within 365 days of the date of this order, the Working Group and the
Assistant to the President for Domestic Policy shall issue a report to the
President that assesses current data collection, use, and data transparency
practices with respect to law enforcement activities, including
[[Page 32961]]
calls for service, searches, stops, frisks, seizures, arrests, complaints,
law enforcement demographics, and civil asset forfeiture.
(ii) Within 365 days of the date of this order, the Working Group shall
assess practices and policies governing the acquisition, use, and oversight
of advanced surveillance and forensic technologies, including commercial
cyber intrusion tools, by Federal, State, Tribal, local, and territorial
law enforcement, and shall include in the report referenced in subsection
(c)(i) of this section recommendations based on this assessment that
promote equitable, transparent, accountable, constitutional, and effective
law enforcement practices.
Sec. 19. Establishing Accreditation Standards. (a) The
Attorney General shall develop and implement methods to
promote State, Tribal, local, and territorial LEAs
seeking accreditation by an authorized, independent
credentialing body, including by determining what
discretionary grants shall require that the LEA be
accredited or be in the process of obtaining
accreditation.
(b) Within 240 days of the date of this order, the
Attorney General shall develop and publish standards
for determining whether an entity is an authorized,
independent credentialing body, including that the
entity requires policies that further the policies in
sections 3, 4, and 7 through 10 of this order, and
encourages participation in comprehensive collection
and use of police misconduct and use-of-force-data,
such as through the databases provided for in sections
5 and 6 of this order. In developing such standards,
the Attorney General shall also consider the
recommendations of the Final Report of the President's
Task Force on 21st Century Policing issued in May 2015.
Pending the development of such standards, the Attorney
General shall maintain the current requirements related
to accreditation.
(c) The Attorney General, in formulating standards
for accrediting bodies, shall consult with professional
accreditation organizations, law enforcement
organizations, civil rights and community-based
organizations, civilian oversight and accountability
groups, and other appropriate stakeholders. The
Attorney General's standards shall ensure that, in
order to qualify as an authorized, independent
credentialing body, the accrediting entity must conduct
independent assessments of an LEA's compliance with
applicable standards as part of the accreditation
process and not rely on the LEA's self-certification
alone.
Sec. 20. Supporting Safe and Effective Policing Through
Grantmaking. (a) Within 180 days of the date of this
order, the Attorney General, the Secretary of HHS, and
the Secretary of Homeland Security shall promptly
review and exercise their authority, as appropriate and
consistent with applicable law, to award Federal
discretionary grants in a manner that supports and
promotes the adoption of policies of this order by
State, Tribal, local, and territorial governments and
LEAs. The Attorney General, the Secretary of HHS, and
the Secretary of Homeland Security shall also use other
incentives outside of grantmaking, such as training and
technical assistance, as appropriate and consistent
with applicable law, to support State, Tribal, local,
and territorial governments and LEAs in adopting the
policies in this order.
(b) On September 15, 2021, the Associate Attorney
General directed a review of the DOJ's implementation
and administrative enforcement of Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 200d et seq., and of the
nondiscrimination provisions of the Omnibus Crime
Control and Safe Streets Act of 1968, 34 U.S.C. 10228,
in connection with Federal financial assistance the DOJ
provides, to ensure that the DOJ is providing
sufficient oversight and accountability regarding the
activities of its federally funded recipients.
(i) Within 30 days of the date of this order, and consistent with any other
applicable guidance issued by the Attorney General, the head of every other
Federal agency that provides grants to State, local, and territorial LEAs
shall commence a similar review of its law enforcement-related grantmaking
operations and the activities of its grant recipients.
[[Page 32962]]
(ii) Within 180 days of the date of this order, the head of each Federal
agency that provides grants to State, local, and territorial LEAs shall
submit to the Assistant Attorney General for the Civil Rights Division of
the DOJ, for review under Executive Order 12250 of November 2, 1980
(Leadership and Coordination of Nondiscrimination Laws), a report of its
review conducted pursuant to subsection (b)(i) of this section, including
its conclusions and recommendations. Within 30 days following such review
and clearance from the DOJ pursuant to this subsection, the head of each
such agency shall make the conclusions of its review publicly available, as
appropriate.
Sec. 21. Definitions. For the purposes of this order:
(a) ``Federal law enforcement agency'' or ``Federal
LEA'' means an organizational unit or subunit of the
executive branch that employs officers who are
authorized to make arrests and carry firearms, and that
is responsible for the prevention, detection, and
investigation of crime or the apprehension of alleged
offenders. The ``heads of all Federal law enforcement
agencies'' means the leaders of those units or
subunits.
(b) The term ``sustained complaints or records of
disciplinary action'' means an allegation of misconduct
that is sustained through a completed official
proceeding, such as an internal affairs or department
disciplinary process.
(c) The term ``serious misconduct'' means excessive
force, bias, discrimination, obstruction of justice,
false reports, false statements under oath, theft, or
sexual misconduct.
Sec. 22. Superseding Prior Orders. (a) Executive Order
13809 of August 28, 2017 (Restoring State, Tribal, and
Local Law Enforcement's Access to Life-Saving Equipment
and Resources), is revoked. All agencies are directed,
consistent with applicable law, to take prompt action
to rescind any rules, regulations, guidelines, or
policies implementing Executive Order 13809 that are
inconsistent with the provisions of this order.
(b) Executive Order 13929 of June 16, 2020 (Safe
Policing for Safe Communities), is revoked. All
agencies are directed, consistent with applicable law,
to take prompt action to rescind any rules,
regulations, guidelines, or policies implementing
Executive Order 13929 that are inconsistent with the
provisions of this order.
(c) To the extent that there are other executive
orders that may conflict with or overlap with the
provisions in this order, the provisions of this order
supersede any prior Executive Order on these subjects.
Sec. 23. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 32963]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
May 25, 2022.
[FR Doc. 2022-11810
Filed 5-27-22; 11:15 am]
Billing code 3395-F2-P
</pre></body>
</html>Indexed from Federal Register on May 31, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.