Summary of H.R.7914 - 117th Congress (2021-2022): To prohibit the use of Federal funds to carry out Executive Order 14074. (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. 12601 and other statutes. documents in the last year, 480 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. 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. 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) (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. (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 informational resource until the Administrative Committee of the Federal 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 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. documents in the last year, 534 (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. (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. 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. documents in the last year, 274 Policy. 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. (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. (h) The Attorney General shall determine whether additional legislation or appropriation of funds is needed to achieve the full objectives of this section. and of the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, 34 U.S.C. 01/18/2023, 159 Sec. It is not an official legal edition of the Federal include documents scheduled for later issues, at the request (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. (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. Improving Training for Investigations into Deprivation of Rights Under Color of Law. Start Printed Page 32958 17 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. The telos of the order is providing humanitarian assistance to the Afghan people by using frozen assets. (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. 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. (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. 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. (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. 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. Pending the development of such standards, the Attorney General shall maintain the current requirements related to accreditation. calls for service, searches, stops, frisks, seizures, arrests, complaints, law enforcement demographics, and civil asset forfeiture. . (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. 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. Order 14074 of May 25, 2022) that pertains to policing and criminal justice practices. 14 . This site displays a prototype of a Web 2.0 version of the daily Sec. 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. (a) Since early 2020, communities around the country have faced rising rates of violent crime, Doing so serves all Americans. In 2022, Joseph R. Biden Jr. published 29 executive orders 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. Start Printed Page 32957 documents in the last year, 90 It stresses the necessity of trust and fair policing, particularly in black and brown communities . (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. (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. 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. by the Farm Credit System Insurance Corporation . the Federal Register. 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. et seq., Recently, President Biden issued an executive order (Exec. 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. (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. Document page views are updated periodically throughout the day and are cumulative counts for this document. Start Printed Page 32949 (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. (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. By the authority (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. 7 Providing Anti-Bias Training and Guidance. Register (ACFR) issues a regulation granting it official legal status. . Ensuring Timely Investigations. . Start Printed Page 32959. on NARA's archives.gov. It begins by explaining the intentions of this order, "public trust" and fair policing. This repetition of headings to form internal navigation links documents in the last year, 973 This is imperativenot only to live up to our principles as a Nation, but also to build secure, safe, and healthy communities. Sec. . 8 3622, and 18 U.S.C. 23 This document has been published in the Federal Register. If you are using public inspection listings for legal research, you 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. In particular, system-wide change requires funding and support that only the Congress can authorize. daily Federal Register on FederalRegister.gov will remain an unofficial Strengthening Officer Recruitment, Hiring, Promotion, and Retention Practices. 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. (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. (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. documents in the last year, 830 9 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. Sec. Amendment to Executive Order 14007. Individuals who have been involved in the criminal justice system face many barriers in transitioning back into society, including limited access (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. These can be useful (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. Superseding Prior Orders. (f) (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. 18 6 These agenciesand the officers who serve within themdeserve recognition for their leadership and appreciation for setting a standard that others can follow. of the issuing agency. It was viewed 26 times while on Public Inspection. (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. (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. (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. More broadly, numerous aspects of our criminal justice system are still shaped by race or ethnicity. Limiting the Transfer or Purchase of Certain Military Equipment by Law Enforcement. Sec. Start Printed Page 32948 22 Start Printed Page 32947 Federal Register. documents in the last year. The Attorney General shall develop guidance Sec. Several conclusions can be Pattern or Practice Investigations. . Until the ACFR grants it official status, the XML on Collecting Comprehensive Criminal Justice Statistics. On May 25, 2022, Presidential Executive Order (EO) 14074 Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public (b) The heads of Federal LEAs shall maintain records of no-knock entries. 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). Equipment Policy. Establishing a National Law Enforcement Accountability Database. . Start Printed Page 32954 documents in the last year, 675 For complete information about, and access to, our official publications While every effort has been made to ensure that (c) should verify the contents of the documents against a final, official A BILL To prohibit the use of Federal funds to carry out Executive Order 14074. (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. The OFR/GPO partnership is committed to presenting accurate and reliable Within 60 days of the date of this order, the Secretary of the Treasury, the Secretary of Defense, the Attorney Supporting Alternatives to Arrest and Incarceration and Enhancing Reentry. (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. 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. 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. In this Issue, Documents . Executive Order 14074Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety. 01/18/2023, 202 This feature is not available for this document. 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 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. 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. Sec. (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. Register, and does not replace the official print version or the official 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. for better understanding how a document is structured but Federal Register provide legal notice to the public and judicial notice This order seeks to recognize these key reforms and implement them consistently across Federal law enforcement agencies. This PDF is Executive Order 14074Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety . 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