Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety MAY 25 , 2022 PRESIDENTIAL ACTIONS By the authority vested in me as President by the Constitution and the laws of the United. A Presidential Document by the Executive Office of the President on 05/31/2022. (C) a strategic plan and timeline to improve PATTERN, including by addressing any disparities and developing a needs-based assessment system. Pending the development of such standards, the Attorney General shall maintain the current requirements related to accreditation. daily Federal Register on FederalRegister.gov will remain an unofficial better and aid in comparing the online edition to the print edition. Document page views are updated periodically throughout the day and are cumulative counts for this document. documents in the last year, 946 Sec. to the courts under 44 U.S.C. (viii) the Secretary of Housing and Urban Development; (xiii) the Secretary of Homeland Security; (xv) the Administrator of the Small Business Administration; (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; (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. . informational resource until the Administrative Committee of the Federal Start Printed Page 32953 . (c) The heads of Federal LEAs shall issue annual reports to the Presidentand post the reports publiclysetting 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. (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 regulatory information on FederalRegister.gov with the objective of 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. The order was signed by President Joe Biden on May 25, 2022. The Attorney General shall also issue appropriate guidance and technical assistance to further this goal. May 25, 2022. Executive Order 14074 in the United States calls for altering criminal justice and policing practices. documents in the last year, 84 (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. Sec. 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. Policy. (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. 9 Executive Order 14076, officially titled Protecting Access to Reproductive Healthcare Services, was signed on July 8, 2022, and is the 92nd executive order signed by President of the United States Joe Biden. by the Farm Credit System Insurance Corporation Use the PDF linked in the document sidebar for the official electronic format. By the authority Advancing First Step Act Implementation. (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. This repetition of headings to form internal navigation links (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. 2 01/18/2023, 249 of the issuing agency. The Public Inspection page may also Several conclusions can be (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. Joseph R. Biden, Executive Order 14071Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation 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. 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. 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. Sec. (e) . (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. This is imperativenot only to live up to our principles as a Nation, but also to build secure, safe, and healthy communities. 01/18/2023, 202 Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. . executive order 14074, section 10, subsection (c), further directed the heads of all federal law enforcement agencies to 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 This order seeks to recognize these key reforms and implement them consistently across Federal law enforcement agencies. (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. 921(a)(24); (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. More broadly, numerous aspects of our criminal justice system are still shaped by race or ethnicity. Start Printed Page 32948 Start Printed Page 32952. This Executive Order is necessary because of the failure of the United States Senate to advance meaningful legislation to address police accountability and transform public (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. publication in the future. (a) on NARA's archives.gov. Each document posted on the site includes a link to the the current document as it appeared on Public Inspection on The heads of all Federal law enforcement agencies means the leaders of those units or subunits. 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. (d) Our criminal justice system must respect 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. should verify the contents of the documents against a final, official documents in the last year, by the Food Safety and Inspection Service . Sec. (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. edition of the Federal Register. Sec. 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. 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. Collecting Comprehensive Criminal Justice Statistics. Banning Chokeholds and Carotid Restraints. Sharing of Federal Best Practices with State, Tribal, Local, and Territorial Law Enforcement Agencies to Enhance Accountability. The Attorney General shall develop guidance (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. 3582(c), 18 U.S.C. (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. Reentry Committee (Committee), to be chaired by the Assistant to the President for Domestic Policy. Insufficient resources, including those dedicated to support officer wellnessneeded more than ever as officers confront rising crime and the effects of the coronavirus disease 2019 (COVID-19) pandemicjeopardize the law enforcement community's ability to build and retain a highly qualified and diverse professional workforce. (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. documents in the last year, 28 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. Since early 2020, communities around the country have faced rising rates of violent crime, Policy. To heal as a Nation, we must acknowledge that those fatal encounters have disparately impacted Black and Brown people and other people of color. corresponding official PDF file on govinfo.gov. Sec. (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. 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. Sec. its intent to request the property and that the request comports with all applicable approval requirements of the local governing body; and. (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. documents in the last year, 675 Amending Executive Order 14007 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to expand the President's Council of Advisors on Science and Technology, it is hereby ordered as follows: Section 1. headings within the legal text of Federal Register documents. . 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. (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 A bill must be passed by both the House and Senate in identical form and then be signed by the President to become By the authority vested (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. (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. 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. May 25, 2022 . Such policies and protocols shall include mechanisms for Federal LEAs to regularly assess the effectiveness of their recruitment, hiring, promotion, It calls for improving and clarifying standards for police activities such as the execution of search warrants and the use of force. provide legal notice to the public or judicial notice to the courts. on See sec. (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. Executive Order 14071, officially titled Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression, was signed on April 6, 2022, and is the 87th executive order signed by U.S. President Joe Biden.The telos of the order is to restrict investment and certain services into the Russian Federation due to their . (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 (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. Sec. It was viewed 26 times while on Public Inspection. (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. documents in the last year, by the Indian Affairs Bureau . Register (ACFR) issues a regulation granting it official legal status. (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. Executive Order 14074 of May 25, 2022 Advancing Effective, Accountable Policing and Criminal Jus-tice Practices To Enhance Public Trust and Public Safety By the 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. 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. (e) The Attorney General, in collaboration with the Secretary of Homeland Security and the heads of other agencies as appropriate, shall assess the documents in the last year, 534 (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. 21 01/18/2023, 41 documents in the last year, 117 (b) The heads of Federal LEAs shall maintain records of no-knock entries. Start Printed Page 32958 A BILL To prohibit the use of Federal funds to carry out Executive Order 14074. documents in the last year, 973 Establishing a National Law Enforcement Accountability Database. Doing so serves all Americans. (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. requiring law enforcement engagement at a time when law enforcement agencies are already confronting the challenges of staffing shortages and low morale. EXECUTIVE ORDER 14074 - - - - - - - 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. Start Printed Page 32951 (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. Electronic format judicial notice to the courts intent to request the property and that request! 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