12601 and other statutes. . 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. This is imperativenot only to live up to our principles as a Nation, but also to build secure, safe, and healthy communities. (c) of the issuing agency. to housing, public benefits, health care, trauma-informed services and support, education, nutrition, employment and occupational licensing, credit, the ballot, and other critical opportunities. 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. Sec. 200d its intent to request the property and that the request comports with all applicable approval requirements of the local governing body; and. Sec. On Wednesday, President Joe Biden signed an executive order mandating policy and procedure reform among federal law enforcement agencies to advance accountability. 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. By the authority vested It was viewed 26 times while on Public Inspection. Federal Register provide legal notice to the public and judicial notice 19 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 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 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. 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. This order seeks to recognize these key reforms and implement them consistently across Federal law enforcement agencies. 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. . The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. These tools are designed to help you understand the official document 9 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. Start Printed Page 32946 (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. (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. (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. the current document as it appeared on Public Inspection on (b) The heads of Federal LEAs shall maintain records of no-knock entries. 7 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. 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. In this Issue, Documents (b) The heads of Federal LEAs shall, to the extent consistent with applicable law, ensure that their law enforcement officers complete such training annually. Providing Federal Law Enforcement Officers with Clear Guidance on Use-of-Force Standards. Since early 2020, communities around the country have faced rising rates of violent crime, Executive Order 14074 On May 25, 2022, Presidential Executive Order (EO) 14074 Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and (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. 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 the official SGML-based PDF version on govinfo.gov, those relying on it for (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. Dear Attorney General Garland: Pursuant to Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, the Attorney General must commission a study about biometric information and predictive algorithms in law enforcement by November 21, 2022. New Documents Sec. (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. 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. (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. . Finally, no one should be required to serve an excessive prison sentence. The documents posted on this site are XML renditions of published Federal 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. It calls for improving and clarifying standards for police activities such as the execution of search warrants and the use of force. 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. The heads of Federal LEAs shall further identify the resources necessary to fully implement such policies. 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. . 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. has no substantive legal effect. Reentry Committee (Committee), to be chaired by the Assistant to the President for Domestic Policy. Promoting Comprehensive and Collaborative Responses to Persons in Behavioral or Mental Health Crisis. Sec. (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. To heal as a Nation, we must acknowledge that those fatal encounters have disparately impacted Black and Brown people and other people of color. We must commit to new practices in law enforcement recruitment, hiring, promotion, and retention, as well as training, oversight, and accountability. In particular, system-wide change requires funding and support that only the Congress can authorize. Summary of H.R.7914 - 117th Congress (2021-2022): To prohibit the use of Federal funds to carry out Executive Order 14074. Amendment to Executive Order 14007. 505(a) of the First Step Act. 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. This table of contents is a navigational tool, processed from the Pending the development of such standards, the Attorney General shall maintain the current requirements related to accreditation. rendition of the daily Federal Register on FederalRegister.gov does not Start Printed Page 32952. (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. Start Printed Page 32950 (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. 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. (a) There is established a Federal Interagency Alternatives and 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 Executive Order 14064, officially titled Protecting Certain Property of Da Afghanistan Bank for the Benefit of the People of Afghanistan, was signed on February 11, 2022 and is the 80th executive order signed by U.S. President Joe Biden. Sec. Executive Order 14074Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety . (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. 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; (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. corresponding official PDF file on govinfo.gov. The Attorney General shall also develop training and technical assistance for State, local, and territorial officials who have similar investigatory authority. 3624, for release as part of the DOJ's efforts to mitigate the impact and spread of COVID-19; and. This prototype edition of the 18 (e) The Attorney General, the Secretary of Homeland Security, and the Director of OSTP shall jointly lead an interagency process regarding the Start Printed Page 32955 Start Printed Page 32948 Supporting Safe Conditions in Prisons and Jails. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. (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. Sec. This feature is not available for this document. Pattern or Practice Investigations. 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. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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. . By the authority (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 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. Start Printed Page 32960 documents in the last year, 117 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. Federal Register. To be clear, certain obstacles to lasting reform require legislative solutions. (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. 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 (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). 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. that agencies use to create their documents. 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: (ii) ammunition of .50 or greater caliber; (iii) firearm silencers, as defined in 18 U.S.C. (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. (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.
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