executive order 14074
Start Printed Page 32962. Policy. Within 60 days of the date of this order, the Secretary of the Treasury, the Secretary of Defense, the Attorney (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. If you are using public inspection listings for legal research, you 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. Summary of H.R.7914 - 117th Congress (2021-2022): To prohibit the use of Federal funds to carry out Executive Order 14074. offers a preview of documents scheduled to appear in the next day's Providing Anti-Bias Training and Guidance. (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. establishing the XML-based Federal Register as an ACFR-sanctioned (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (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. (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. 15 (xxv) the heads of such other executive departments, agencies, and offices as the Chair may designate or invite. 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. Supporting Alternatives to Arrest and Incarceration and Enhancing Reentry. These agenciesand the officers who serve within themdeserve recognition for their leadership and appreciation for setting a standard that others can follow. 2 It stresses the necessity of trust and fair policing, particularly in black and brown communities . 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. and services, go to 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) 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. Start Printed Page 32948 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. Amendment to Executive Order 14007. Sec. (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. More information and documentation can be found in our Lowering barriers to reentry is essential to reducing recidivism and reducing crime. (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. 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. More broadly, numerous aspects of our criminal justice system are still shaped by race or ethnicity. (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 The order was signed by President Joe Biden on May 25, 2022. . (d) publication in the future. 3582(c), 18 U.S.C. (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. A BILL To prohibit the use of Federal funds to carry out Executive Order 14074. It stresses the necessity of trust and fair policing, particularly in black and brown communities (since there is frequently conflict with the police in these communities). informational resource until the Administrative Committee of the Federal Finally, no one should be required to serve an excessive prison sentence. 22 Executive Order 14074 in the United States calls for altering criminal justice and policing practices. 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. (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. (b) Superseding Prior Orders. 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. (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. . About the Federal Register While every effort has been made to ensure that Executive Order 14008 Tackling the Climate Crisis at Home and Abroad January 27, 2021 The EO has three overarching objectives 1) promote safe global temperature, 2) increase climate resilience, and 3) support financial a pathway toward low greenhouse gas emissions and climate-resilient development. Sec. documents in the last year, 16 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. 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. (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. Several conclusions can be Information about this document as published in the Federal Register. . Pattern or Practice Investigations. 13 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. (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 Individuals who have been involved in the criminal justice system face many barriers in transitioning back into society, including limited access (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. For complete information about, and access to, our official publications Banning Chokeholds and Carotid Restraints. 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. These can be useful (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. (iv) make use of information submitted by State, Tribal, local, and territorial LEAs, as necessary and appropriate. . In addition, the Attorney General shall undertake, as appropriate, the following actions within 120 days of the date of this order: 6 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. Sec. on 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. Ensuring Appropriate Use of Body-Worn Cameras and Advanced Law Enforcement Technologies. 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. Sec. It calls for improving and clarifying standards for police activities such as the execution of search warrants and the use of force. Federal Register provide legal notice to the public and judicial notice (b) The heads of Federal LEAs shall, to the extent consistent with applicable law, ensure that their law enforcement officers complete such training annually. This prototype edition of the 17 Ensuring Thorough Investigations. (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. requiring law enforcement engagement at a time when law enforcement agencies are already confronting the challenges of staffing shortages and low morale. (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. edition of the Federal Register. 20 May 25, 2022. (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. 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. The Public Inspection page may also 14 Joseph R. Biden, Executive Order 14071Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation On Wednesday, President Joe Biden signed an executive order mandating policy and procedure reform among federal law enforcement agencies to advance accountability. the Federal Register. 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. 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. 21 To be clear, certain obstacles to lasting reform require legislative solutions. The Attorney General shall also develop training and technical assistance for State, local, and territorial officials who have similar investigatory authority. In particular, system-wide change requires funding and support that only the Congress can authorize. It begins by explaining the intentions of this order, "public trust" and fair policing. (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 3 Sec. Start Printed Page 32952. 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. 01/18/2023, 202 (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 President of the United States manages the operations of the Executive branch of Government through Executive orders. (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 Supporting Officer Wellness. Protecting public safety requires close partnerships between law enforcement and the communities it serves. 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. The Attorney General shall develop guidance (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. . This document has been published in the Federal Register. (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. on (ii) identify existing and needed resources for supporting law enforcement officer wellness. 12601 and other statutes. No Federal funds for Executive Order 14074 No Federal funds may be used to carry out Executive Order 14074 entitled Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, dated May 25, 2022. (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. (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. provide legal notice to the public or judicial notice to the courts. Sec. 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. 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. . Improving Use-of-Force Data Collection. required by Executive Order 14074, this report describes steps the Department has taken and plans to take to fully implement DCRA. are not part of the published document itself. (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. Promoting Comprehensive and Collaborative Responses to Persons in Behavioral or Mental Health Crisis. These markup elements allow the user to see how the document follows the Sec. the current document as it appeared on Public Inspection on 242. (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. documents in the last year, 1401 Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety, https://www.federalregister.gov/d/2022-11810, MODS: Government Publishing Office metadata. 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