[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Presidential Documents]
[Pages 32945-32963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11810]


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  Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / 
Presidential Documents  

[[Page 32945]]


                Executive Order 14074 of May 25, 2022

                
Advancing Effective, Accountable Policing and 
                Criminal Justice Practices To Enhance Public Trust and 
                Public Safety

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby order as follows:

                Section 1. Policy. Our criminal justice system must 
                respect the dignity and rights of all persons and 
                adhere to our fundamental obligation to ensure fair and 
                impartial justice for all. This is imperative--not only 
                to live up to our principles as a Nation, but also to 
                build secure, safe, and healthy communities. Protecting 
                public safety requires close partnerships between law 
                enforcement and the communities it serves. Public 
                safety therefore depends on public trust, and public 
                trust in turn requires that our criminal justice system 
                as a whole embodies fair and equal treatment, 
                transparency, and accountability.

                Law enforcement officers are often a person's first 
                point of contact with our criminal justice system, and 
                we depend on them to uphold these principles while 
                doing the demanding and often life-threatening work of 
                keeping us safe. We expect them to help prevent and 
                solve crimes and frequently call upon them to respond 
                to social problems outside their expertise and beyond 
                their intended role, diverting attention from their 
                critical public safety mission and increasing the risks 
                of an already dangerous job--which has led to the 
                deaths of law enforcement officers and civilians alike. 
                The vast majority of law enforcement officers do these 
                difficult jobs with honor and integrity, and they work 
                diligently to uphold the law and preserve the public's 
                trust.

                Yet, there are places in America today, particularly in 
                Black and Brown communities and other communities of 
                color, where the bonds of trust are frayed or broken. 
                We have collectively mourned following law enforcement 
                encounters that have tragically ended in the loss of 
                life. To heal as a Nation, we must acknowledge that 
                those fatal encounters have disparately impacted Black 
                and Brown people and other people of color. The pain of 
                the families of those who have been killed is magnified 
                when expectations for accountability go unmet, and the 
                echoes of their losses reverberate across generations. 
                More broadly, numerous aspects of our criminal justice 
                system are still shaped by race or ethnicity. It is 
                time that we acknowledge the legacy of systemic racism 
                in our criminal justice system and work together to 
                eliminate the racial disparities that endure to this 
                day. Doing so serves all Americans.

                Through this order, my Administration is taking a 
                critical step in what must be part of a larger effort 
                to strengthen our democracy and advance the principles 
                of equality and dignity. While we can make policing 
                safer and more effective by strengthening trust between 
                law enforcement officers and the communities they 
                serve, we must also reform our broader criminal justice 
                system so that it protects and serves all people 
                equally. To be clear, certain obstacles to lasting 
                reform require legislative solutions. In particular, 
                system-wide change requires funding and support that 
                only the Congress can authorize. But my Administration 
                will use its full authority to take action, including 
                through the implementation of this order, to build and 
                sustain fairness and accountability throughout the 
                criminal justice system.

                The need for such action could not be more urgent. 
                Since early 2020, communities around the country have 
                faced rising rates of violent crime,

[[Page 32946]]

                requiring law enforcement engagement at a time when law 
                enforcement agencies are already confronting the 
                challenges of staffing shortages and low morale. 
                Strengthening community trust is more critical now than 
                ever, as a community's cooperation with the police to 
                report crimes and assist investigations is essential 
                for deterring violence and holding perpetrators 
                accountable. Reinforcing the partnership between law 
                enforcement and communities is imperative for combating 
                crime and achieving lasting public safety.

                It is therefore the policy of my Administration to 
                increase public trust and enhance public safety and 
                security by encouraging equitable and community-
                oriented policing. We must commit to new practices in 
                law enforcement recruitment, hiring, promotion, and 
                retention, as well as training, oversight, and 
                accountability. Insufficient resources, including those 
                dedicated to support officer wellness--needed more than 
                ever as officers confront rising crime and the effects 
                of the coronavirus disease 2019 (COVID-19) pandemic--
                jeopardize the law enforcement community's ability to 
                build and retain a highly qualified and diverse 
                professional workforce. We must work together to ensure 
                that law enforcement agencies have the resources they 
                need as well as the capacity to attract, hire, and 
                retain the best personnel, including resources to 
                institute screening mechanisms to identify unqualified 
                applicants and to support officers in meeting the 
                stresses and challenges of the job. We must also ensure 
                that law enforcement agencies reflect the communities 
                they serve, protect all community members equally, and 
                offer comprehensive training and development 
                opportunities to line officers and supervisors alike.

                Building trust between law enforcement agencies and the 
                communities they are sworn to protect and serve also 
                requires accountability for misconduct and transparency 
                through data collection and public reporting. It 
                requires proactive measures to prevent profiling based 
                on actual or perceived race, ethnicity, national 
                origin, religion, sex (including sexual orientation and 
                gender identity), or disability, including by ensuring 
                that new law enforcement technologies do not exacerbate 
                disparities based on these characteristics. It includes 
                ending discriminatory pretextual stops and offering 
                support for evidence-informed, innovative responses to 
                people with substance use disorders; people with mental 
                health needs; veterans; people with disabilities; 
                vulnerable youth; people who are victims of domestic 
                violence, sexual assault, or trafficking; and people 
                experiencing homelessness or living in poverty. It 
                calls for improving and clarifying standards for police 
                activities such as the execution of search warrants and 
                the use of force.

                Many law enforcement agencies across the country--
                including at the Federal, State, Tribal, local, and 
                territorial level--have already undertaken important 
                efforts to modernize policing and make our broader 
                criminal justice system more effective and more 
                equitable. Their work has inspired many of the 
                provisions of this order. These agencies--and the 
                officers who serve within them--deserve recognition for 
                their leadership and appreciation for setting a 
                standard that others can follow. This order seeks to 
                recognize these key reforms and implement them 
                consistently across Federal law enforcement agencies. 
                Through this order, the Federal Government will also 
                seek to provide State, Tribal, local, and territorial 
                law enforcement agencies with the guidance and support 
                they need to advance their own efforts to strengthen 
                public trust and improve public safety.

                It is also the policy of my Administration to ensure 
                that conditions of confinement are safe and humane, and 
                that those who are incarcerated are not subjected to 
                unnecessary or excessive uses of force, are free from 
                prolonged segregation, and have access to quality 
                health care, including substance use disorder care and 
                mental health care. We must provide people who are 
                incarcerated with meaningful opportunities for 
                rehabilitation and the tools and support they need to 
                transition successfully back to society. Individuals 
                who have been involved in the criminal justice system 
                face many barriers in transitioning back into society, 
                including limited access

[[Page 32947]]

                to housing, public benefits, health care, trauma-
                informed services and support, education, nutrition, 
                employment and occupational licensing, credit, the 
                ballot, and other critical opportunities. Lowering 
                barriers to reentry is essential to reducing recidivism 
                and reducing crime.

                Finally, no one should be required to serve an 
                excessive prison sentence. When the Congress passed the 
                First Step Act of 2018 (Public Law 115-391), it sought 
                to relieve people from unfair and unduly harsh 
                sentences, including those driven by harsh mandatory 
                minimums and the unjust sentencing disparity between 
                crack and powder cocaine offenses. My Administration 
                will fully implement the First Step Act, including by 
                supporting sentencing reductions in appropriate cases 
                and by allowing eligible incarcerated people to 
                participate in recidivism reduction programming and 
                earn time credits.

                With these measures, together we can strengthen public 
                safety and the bonds of trust between law enforcement 
                and the community and build a criminal justice system 
                that respects the dignity and equality of all in 
                America.

                Sec. 2. Sharing of Federal Best Practices with State, 
                Tribal, Local, and Territorial Law Enforcement Agencies 
                to Enhance Accountability. (a) Independent 
                Investigations of In-Custody Deaths. The Attorney 
                General shall issue guidance to State, Tribal, local, 
                and territorial law enforcement agencies (LEAs) 
                regarding best practices for conducting independent 
                criminal investigations of deaths in custody that may 
                involve conduct by law enforcement or prison personnel.

                    (b) Improving Training for Investigations into 
                Deprivation of Rights Under Color of Law. The Attorney 
                General shall assess the steps necessary to enhance the 
                Department of Justice's (DOJ's) capacity to investigate 
                law enforcement deprivation of rights under color of 
                law, including through improving and increasing 
                training of Federal law enforcement officers, their 
                supervisors, and Federal prosecutors on how to 
                investigate and prosecute cases involving the 
                deprivation of rights under color of law pursuant to 18 
                U.S.C. 242. The Attorney General shall also, as 
                appropriate, provide guidance, technical assistance, 
                and training to State, Tribal, local, and territorial 
                investigators and prosecutors on best practices for 
                investigating and prosecuting civil rights violations 
                under applicable law.
                    (c) Pattern or Practice Investigations. The 
                Attorney General shall consider ways in which the DOJ 
                could strengthen communication with State Attorneys 
                General to help identify relevant data, complaints from 
                the public, and other information that may assist the 
                DOJ's investigations of patterns or practices of 
                misconduct by law enforcement officers, including 
                prosecutors, pursuant to 34 U.S.C. 12601 and other 
                statutes. The Attorney General shall also develop 
                training and technical assistance for State, local, and 
                territorial officials who have similar investigatory 
                authority.
                    (d) Ensuring Timely Investigations. The heads of 
                all Federal LEAs shall assess whether any of their 
                respective agency's policies or procedures cause 
                unwarranted delay in investigations of Federal law 
                enforcement officers for incidents involving the use of 
                deadly force or deaths in custody, including delays in 
                interagency jurisdictional determinations and subject 
                and witness interviews, and shall, without abrogating 
                any collective bargaining obligations, make changes as 
                appropriate to ensure the integrity and effectiveness 
                of such investigations. Within 240 days of the date of 
                this order, the Attorney General, the Secretary of 
                Homeland Security, and the heads of other executive 
                departments and agencies (agencies) with law 
                enforcement authority shall report to the President 
                what, if any, changes to their respective policies or 
                practices they have made.
                    (e) Ensuring Thorough Investigations. The Attorney 
                General shall instruct the Federal Bureau of 
                Investigation (FBI) and all United States Attorneys to 
                coordinate closely with the internal oversight bodies 
                of Federal LEAs to ensure that, without abrogating any 
                collective bargaining obligations, for incidents 
                involving the use of deadly force or deaths in custody, 
                initial

[[Page 32948]]

                investigative efforts (including evidence collection 
                and witness interviews) preserve the information 
                required to complete timely administrative 
                investigations as required by the Death in Custody 
                Reporting Act of 2013 (Public Law 113-242) and agency 
                use-of-force guidelines.
                    (f) Ensuring Timely and Consistent Discipline. The 
                heads of all Federal LEAs shall assess whether any of 
                their respective agency's policies or procedures cause 
                unwarranted delay or inconsistent application of 
                discipline for incidents involving the use of deadly 
                force or deaths in custody, and shall, without 
                abrogating any collective bargaining obligations, make 
                changes as appropriate. Within 240 days of the date of 
                this order, the Attorney General, the Secretary of 
                Homeland Security, and the heads of other Federal LEAs 
                shall report to the President what, if any, changes to 
                their respective policies or practices they have made.

                Sec. 3. Strengthening Officer Recruitment, Hiring, 
                Promotion, and Retention Practices. (a) Within 180 days 
                of the date of this order, the Director of the Office 
                of Personnel Management shall convene and chair an 
                interagency working group to strengthen Federal law 
                enforcement recruitment, hiring, promotion, and 
                retention practices, with particular attention to 
                promoting an inclusive, diverse, and expert law 
                enforcement workforce, culminating in an action plan to 
                be published within 365 days of the date of this order. 
                The interagency working group shall consist of the 
                heads of Federal LEAs and shall consult with other 
                stakeholders, such as law enforcement organizations. 
                The interagency working group shall, to the extent 
                possible, coordinate on the development of a set of 
                core policies and best practices to be used across all 
                Federal LEAs regarding recruitment, hiring, promotion, 
                and retention, while also identifying any agency-
                specific unique recruitment, hiring, promotion, and 
                retention challenges. As part of this process, the 
                interagency working group shall:

(i) assess existing policies and identify and share best practices for 
recruitment and hiring, including by considering the merits and feasibility 
of recruiting law enforcement officers who are representative of the 
communities they are sworn to serve (including recruits who live in or are 
from these communities) and by considering the recommendations made in the 
Federal LEAs' strategic plans required under Executive Order 14035 of June 
25, 2021 (Diversity, Equity, Inclusion, and Accessibility in the Federal 
Workforce);

(ii) assess existing policies and identify and share best practices for 
promotion and retention, including by identifying ways to expand mentorship 
and leadership development opportunities for law enforcement officers;

(iii) develop best practices for ensuring that performance evaluations and 
promotion decisions for Federal law enforcement officers include an 
assessment of the officer's adherence to agency policies, and that 
performance evaluations and promotion decisions for supervisors include an 
assessment of the supervisor's effectiveness in addressing misconduct by 
officers they supervise; and

(iv) develop best practices for conducting background investigations and 
implementing properly validated selection procedures, including vetting 
mechanisms and ongoing employment screening, that, consistent with the 
First Amendment and all applicable laws, help avoid the hiring and 
retention of law enforcement officers who promote unlawful violence, white 
supremacy, or other bias against persons based on race, ethnicity, national 
origin, religion, sex (including sexual orientation and gender identity), 
or disability.

                    (b) Within 180 days of the publication of the 
                interagency working group's action plan described in 
                subsection (a) of this section, the heads of Federal 
                LEAs shall update and implement their policies and 
                protocols for recruiting, hiring, promotion, and 
                retention, consistent with the core policies and best 
                practices identified and developed pursuant to 
                subsection (a) of this section. Such policies and 
                protocols shall include mechanisms for Federal LEAs to 
                regularly assess the effectiveness of their 
                recruitment, hiring, promotion,

[[Page 32949]]

                and retention practices in accomplishing the goals of 
                subsection (a) of this section.
                    (c) The heads of Federal LEAs shall develop and 
                implement protocols for background investigations and 
                screening mechanisms, consistent with the best 
                practices identified and developed pursuant to 
                subsection (a) of this section, for State, Tribal, 
                local, and territorial law enforcement participation in 
                programs or activities over which Federal agencies 
                exercise control, such as joint task forces or 
                international training and technical assistance 
                programs, including programs managed by the Department 
                of State and the Department of Justice.
                    (d) The Attorney General shall develop guidance 
                regarding best practices for State, Tribal, local, and 
                territorial LEAs seeking to recruit, hire, promote, and 
                retain highly qualified and service-oriented officers. 
                In developing this guidance, the Attorney General shall 
                consult with State, Tribal, local, and territorial law 
                enforcement, as appropriate, and shall incorporate the 
                best practices identified by the interagency working 
                group established pursuant to subsection (a) of this 
                section.

                Sec. 4. Supporting Officer Wellness. (a) Within 180 
                days of the date of this order, the Attorney General 
                shall, in coordination with the Secretary of Health and 
                Human Services (HHS), develop and publish a report on 
                best practices to address law enforcement officer 
                wellness, including support for officers experiencing 
                substance use disorders, mental health issues, or 
                trauma from their duties. This report shall:

(i) consider the work undertaken already pursuant to the Law Enforcement 
Mental Health and Wellness Act of 2017 (Public Law 115-113); and

(ii) identify existing and needed resources for supporting law enforcement 
officer wellness.

                    (b) Upon publication of these best practices, the 
                Attorney General and the heads of all other Federal 
                LEAs shall assess their own practices and policies for 
                Federal officer wellness and develop and implement 
                changes as appropriate.
                    (c) The Attorney General shall, in coordination 
                with the Secretary of HHS and in consultation with 
                multidisciplinary experts and stakeholders, including 
                the National Consortium on Preventing Law Enforcement 
                Suicide and other law enforcement organizations, 
                conduct an assessment of current efforts and available 
                evidence on suicide prevention and present to the 
                President within 180 days of the date of this order 
                evidence-informed recommendations regarding the 
                prevention of death by suicide of law enforcement 
                officers. These recommendations shall also identify 
                methods to encourage submission of data from Federal, 
                State, Tribal, local, and territorial LEAs to the FBI's 
                Law Enforcement Suicide Data Collection, in a manner 
                that respects the privacy interests of law enforcement 
                officers and is consistent with applicable law.

                Sec. 5. Establishing a National Law Enforcement 
                Accountability Database. (a) The Attorney General 
                shall, within 240 days of the date of this order, 
                establish the National Law Enforcement Accountability 
                Database (Accountability Database) as a centralized 
                repository of official records documenting instances of 
                law enforcement officer misconduct as well as 
                commendations and awards. The Attorney General shall 
                ensure that the establishment and administration of the 
                Accountability Database is consistent with the Privacy 
                Act of 1974 and all other applicable laws, and respects 
                appropriate due process protections for law enforcement 
                officers included in the Accountability Database.

                    (b) The Attorney General, in consultation with the 
                heads of other agencies as appropriate, shall take the 
                following actions with respect to the Accountability 
                Database established pursuant to subsection (a) of this 
                section:

(i) include in the Accountability Database all available information that 
the Attorney General deems necessary, appropriate, and consistent with

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law and with considerations of victim confidentiality, concerning 
misconduct by Federal law enforcement officers relevant to carrying out 
their official duties;

(ii) include in the Accountability Database, to the maximum extent 
permitted by law, official records documenting officer misconduct, 
including, as appropriate: records of criminal convictions; suspension of a 
law enforcement officer's enforcement authorities, such as de-
certification; terminations; civil judgments, including amounts (if 
publicly available), related to official duties; and resignations or 
retirements while under investigation for serious misconduct or sustained 
complaints or records of disciplinary action based on findings of serious 
misconduct;

(iii) include in the Accountability Database records of officer 
commendations and awards, as the Attorney General deems appropriate; and

(iv) establish appropriate procedures to ensure that the records stored in 
the Accountability Database are accurate, including by providing officers 
with sufficient notice and access to their records, as well as a full and 
fair opportunity to request amendment or removal of any information about 
themselves from the Accountability Database on the grounds that it is 
inaccurate or that it is predicated on an official proceeding that lacked 
appropriate due process protections.

                    (c) Requirements for the submission of information 
                to the Accountability Database are as follows:

(i) the heads of Federal LEAs shall submit the information determined 
appropriate for inclusion by the Attorney General under subsection (b) of 
this section on a quarterly basis, beginning no later than 60 days from the 
establishment of the Accountability Database; and

(ii) the Attorney General shall encourage State, Tribal, local, and 
territorial LEAs to contribute to and use the Accountability Database in a 
manner consistent with subsection (b)(i) of this section and as permitted 
by law. The Attorney General shall also issue appropriate guidance and 
technical assistance to further this goal.

                    (d) In establishing the Accountability Database 
                under subsection (a) of this section, the Attorney 
                General shall:

(i) make use of Federal records from DOJ databases to the maximum extent 
permitted by law;

(ii) make use of information held by other agencies or entities by entering 
into agreements with the heads of other agencies or entities, as necessary 
and appropriate;

(iii) make use of publicly accessible and reliable sources of information, 
such as court records, as necessary and appropriate; and

(iv) make use of information submitted by State, Tribal, local, and 
territorial LEAs, as necessary and appropriate.

                    (e) The heads of Federal LEAs shall ensure that the 
                Accountability Database established pursuant to 
                subsection (a) of this section is used, as appropriate 
                and consistent with applicable law, in the hiring, job 
                assignment, and promotion of law enforcement officers 
                within Federal LEAs, as well as in the screening of 
                State, Tribal, local, and territorial law enforcement 
                officers who participate in programs or activities over 
                which Federal agencies exercise control, such as joint 
                task forces or international training and technical 
                assistance programs, including programs managed by the 
                Department of State and the DOJ.
                    (f) The Attorney General shall establish procedures 
                for the submission of employment-related inquiries by 
                Federal, State, Tribal, local, and territorial LEAs, 
                and for the provision, upon such a query, of relevant 
                information to the requestor as appropriate. The 
                Attorney General shall develop guidance

[[Page 32951]]

                and provide technical assistance to encourage State, 
                Tribal, local, and territorial LEAs to integrate use of 
                the Accountability Database established pursuant to 
                subsection (a) of this section into their hiring 
                decisions, consistent with applicable law.
                    (g) The Attorney General shall ensure that all 
                access to the Accountability Database established 
                pursuant to subsection (a) of this section is 
                consistent with applicable law, and shall also take the 
                following steps related to public access to the 
                Accountability Database:

(i) publish on at least an annual basis public reports that contain 
anonymized data from the Accountability Database aggregated by law 
enforcement agency and by any other factor determined appropriate by the 
Attorney General, in a manner that does not jeopardize law enforcement 
officer anonymity due to the size of the agency or other factors; and

(ii) assess the feasibility of what records from the Accountability 
Database may be accessible to the public and the manner in which any such 
records may be accessible by the public, taking into account the critical 
need for public trust, transparency, and accountability, as well as the 
duty to protect the safety, privacy, and due process rights of law 
enforcement officers who may be identified in the Accountability Database, 
including obligations under the Privacy Act of 1974 and any other relevant 
legal obligations; protection of sensitive law enforcement operations; and 
victim, witness, and source confidentiality.

                    (h) The Attorney General shall determine whether 
                additional legislation or appropriation of funds is 
                needed to achieve the full objectives of this section.

                Sec. 6. Improving Use-of-Force Data Collection. (a) 
                Within 180 days of the date of this order, the heads of 
                Federal LEAs shall submit data on a monthly basis to 
                the FBI National Use-of-Force Data Collection (Use-of-
                Force Database), in accordance with the definitions and 
                categories set forth by the FBI. To the extent not 
                already collected, such data shall include either all 
                deaths of a person due to law enforcement use of force 
                (including deaths in custody incident to an official 
                use of force); all serious bodily injuries of a person 
                due to law enforcement use of force; all discharges of 
                a firearm by law enforcement at or in the direction of 
                a person not otherwise resulting in death or serious 
                bodily injury; or, if applicable, a report for each 
                category that no qualifying incidents occurred and:

(i) information about the incident, including date, time, and location; the 
reason for initial contact; the offenses of which the subject was 
suspected, if any; the charges filed against the suspect by a prosecutor, 
if any; and the National Incident-Based Reporting System (NIBRS) record or 
local incident number of the report;

(ii) information about the subject of the use of force, including 
demographic data by subcategory to the maximum extent possible; types of 
force used against the subject; resulting injuries or death; and reason for 
the use of force, including any threat or resistance from, or weapon 
possessed by, the subject;

(iii) information about the officers involved, including demographic data 
by subcategory to the maximum extent possible; years of service in law 
enforcement and employing agency at the time of the incident; and resulting 
injuries or death; and

(iv) such other information as the Attorney General deems appropriate.

                    (b) The Attorney General, in consultation with the 
                United States Chief Technology Officer, shall work with 
                State, Tribal, local, and territorial LEAs to identify 
                the obstacles to their participation in the Use-of-
                Force Database; to reduce the administrative burden of 
                reporting by using existing data collection efforts and 
                improving those LEAs' experience; and to provide 
                training and technical assistance to those LEAs to 
                encourage and facilitate their regular submission of 
                use-of-force information to the Use-of-Force Database.

[[Page 32952]]

                    (c) The Attorney General shall, in a manner that 
                does not reveal the identity of any victim or law 
                enforcement officer, publish quarterly data collected 
                pursuant to subsection (a) of this section and make the 
                data available for research and statistical purposes, 
                in accordance with the standards of data privacy and 
                integrity required by the Office of Management and 
                Budget (OMB).
                    (d) The Attorney General shall also provide 
                training and technical assistance to encourage State, 
                Tribal, local, and territorial LEAs to submit 
                information to the Law Enforcement Officers Killed and 
                Assaulted Data Collection program of the FBI's Uniform 
                Crime Reporting Program.
                    (e) The Attorney General shall publish a report 
                within 120 days of the date of this order on the steps 
                the DOJ has taken and plans to take to fully implement 
                the Death in Custody Reporting Act of 2013.

                Sec. 7. Banning Chokeholds and Carotid Restraints. (a) 
                The heads of Federal LEAs shall, as soon as 
                practicable, but no later than 90 days from the date of 
                this order, ensure that their respective agencies issue 
                policies with requirements that are equivalent to, or 
                exceed, the requirements of the policy issued by the 
                DOJ on September 13, 2021, which generally prohibits 
                the use of chokeholds and carotid restraints except 
                where the use of deadly force is authorized by law.

                    (b) The head of every Federal LEA shall incorporate 
                training consistent with this section.

                Sec. 8. Providing Federal Law Enforcement Officers with 
                Clear Guidance on Use-of-Force Standards. (a) The heads 
                of Federal LEAs shall, as soon as practicable but no 
                later than 90 days from the date of this order, ensure 
                that their respective agencies issue policies with 
                requirements that reflect principles of valuing and 
                preserving human life and that are equivalent to, or 
                exceed, the requirements of the policy issued by the 
                DOJ on May 20, 2022, which establishes standards and 
                obligations for the use of force.

                    (b) The heads of Federal LEAs shall, within 365 
                days of the date of this order, incorporate annual, 
                evidence-informed training for their respective law 
                enforcement officers that is consistent with the DOJ's 
                use-of-force policy; implement early warning systems or 
                other risk management tools that enable supervisors to 
                identify problematic conduct and appropriate 
                interventions to help prevent avoidable uses of force; 
                and ensure the use of effective mechanisms for holding 
                their law enforcement officers accountable for 
                violating the policies addressed in subsection (a) of 
                this section, consistent with sections 2(f) and 
                3(a)(iii) of this order.

                Sec. 9. Providing Anti-Bias Training and Guidance. (a) 
                Within 180 days of the date of this order, the Director 
                of the Office of Personnel Management and the Attorney 
                General shall develop an evidence-informed training 
                module for law enforcement officers on implicit bias 
                and avoiding improper profiling based on the actual or 
                perceived race, ethnicity, national origin, limited 
                English proficiency, religion, sex (including sexual 
                orientation and gender identity), or disability of 
                individuals.

                    (b) The heads of Federal LEAs shall, to the extent 
                consistent with applicable law, ensure that their law 
                enforcement officers complete such training annually.
                    (c) The heads of Federal LEAs shall, to the extent 
                consistent with applicable law, establish that 
                effective procedures are in place for receiving, 
                investigating, and responding meaningfully to 
                complaints alleging improper profiling or bias by 
                Federal law enforcement officers.
                    (d) Federal agencies that exercise control over 
                joint task forces or international training and 
                technical assistance programs in which State, Tribal, 
                local, and territorial officers participate shall 
                include training on implicit bias and profiling as part 
                of any training program required by the Federal agency 
                for officers participating in the task force or 
                program.
                    (e) The Attorney General, in collaboration with the 
                Secretary of Homeland Security and the heads of other 
                agencies as appropriate, shall assess the

[[Page 32953]]

                implementation and effects of the DOJ's December 2014 
                Guidance for Federal Law Enforcement Agencies Regarding 
                the Use of Race, Ethnicity, Gender, National Origin, 
                Religion, Sexual Orientation, or Gender Identity; 
                consider whether this guidance should be updated; and 
                report to the President within 180 days of the date of 
                this order as to any changes to this guidance that have 
                been made.

                Sec. 10. Restricting No-Knock Entries. (a) The heads of 
                Federal LEAs shall, as soon as practicable, but no 
                later than 60 days from the date of this order, ensure 
                that their respective agencies issue policies with 
                requirements that are equivalent to, or exceed, the 
                requirements of the policy issued by the DOJ on 
                September 13, 2021, which limits the use of unannounced 
                entries, often referred to as ``no-knock entries,'' and 
                provides guidance to ensure the safe execution of 
                announced entries.

                    (b) The heads of Federal LEAs shall maintain 
                records of no-knock entries.
                    (c) The heads of Federal LEAs shall issue annual 
                reports to the President--and post the reports 
                publicly--setting forth the number of no-knock entries 
                that occurred pursuant to judicial authorization; the 
                number of no-knock entries that occurred pursuant to 
                exigent circumstances; and disaggregated data by 
                circumstances for no-knock entries in which a law 
                enforcement officer or other person was injured in the 
                course of a no-knock entry.

                Sec. 11. Assessing and Addressing the Effect on 
                Communities of Use of Force by Law Enforcement. (a) The 
                Secretary of HHS shall, within 180 days of the date of 
                this order, conduct a nationwide study of the community 
                effects of use of force by law enforcement officers 
                (whether lawful or unlawful) on physical, mental, and 
                public health, including any disparate impacts on 
                communities of color, and shall publish a public report 
                including these findings.

                    (b) The Attorney General, the Secretary of HHS, and 
                the Director of OMB shall, within 60 days of the 
                completion of the report described in subsection (a) of 
                this section, provide a report to the President 
                outlining what resources are available and what 
                additional resources may be needed to provide widely 
                and freely accessible mental health and social support 
                services for individuals and communities affected by 
                incidents of use of force by law enforcement officers.
                    (c) The Attorney General, in collaboration with the 
                heads of other agencies as appropriate, shall issue 
                guidance for Federal, State, Tribal, local, and 
                territorial LEAs on best practices for planning and 
                conducting law enforcement-community dialogues to 
                improve relations and communication between law 
                enforcement and communities, particularly following 
                incidents involving use of deadly force.
                    (d) Within 180 days of the date of this order, the 
                Attorney General, in collaboration with the heads of 
                other agencies as appropriate, shall issue guidance for 
                Federal, State, Tribal, local, and territorial LEAs, or 
                other entities responsible for providing official 
                notification of deaths in custody, on best practices to 
                promote the timely and appropriate notification of, and 
                support to, family members or emergency contacts of 
                persons who die in correctional or LEA custody, 
                including deaths resulting from the use of force.
                    (e) After the issuance of the guidance described in 
                subsection (d) of this section, the heads of Federal 
                LEAs shall assess and revise their policies and 
                procedures as necessary to accord with that guidance.

                Sec. 12. Limiting the Transfer or Purchase of Certain 
                Military Equipment by Law Enforcement. (a) The 
                Secretary of the Treasury, the Secretary of Defense, 
                the Attorney General, the Secretary of Homeland 
                Security, and the Administrator of General Services 
                shall each review all programs and authorities 
                concerning property transfers to State, Tribal, local, 
                and territorial LEAs, or property purchases by State, 
                Tribal, local, and territorial LEAs either with Federal 
                funds or from Federal agencies or contractors, 
                including existing transfer contracts or grants. Within 
                60 days of the date of this order, the Secretary of the 
                Treasury, the Secretary of Defense, the Attorney

[[Page 32954]]

                General, the Secretary of Homeland Security, and the 
                Administrator of General Services shall determine 
                whether, pursuant to this order, such transfers or 
                purchases can, consistent with applicable law, be 
                prohibited beyond existing restrictions and, if so, 
                shall further prohibit any such transfers or purchases, 
                of the following property to the extent not already 
                prohibited:

(i) firearms of .50 or greater caliber;

(ii) ammunition of .50 or greater caliber;

(iii) firearm silencers, as defined in 18 U.S.C. 921(a)(24);

(iv) bayonets;

(v) grenade launchers;

(vi) grenades (including stun and flash-bang);

(vii) explosives (except for explosives and percussion actuated non-
electric disruptors used for accredited bomb squads and explosive detection 
canine training);

(viii) any vehicles that do not have a commercial application, including 
all tracked and armored vehicles, unless the LEA certifies that the vehicle 
will be used exclusively for disaster-related emergencies; active shooter 
scenarios; hostage or other search and rescue operations; or anti-terrorism 
preparedness, protection, prevention, response, recovery, or relief;

(ix) weaponized drones and weapons systems covered by DOD Directive 3000.09 
of November 21, 2012, as amended (Autonomy in Weapon Systems);

(x) aircraft that are combat-configured or combat-coded, have no 
established commercial flight application, or have no application for 
disaster-related emergencies; active shooter scenarios; hostage or other 
search and rescue operations; or anti-terrorism preparedness, protection, 
prevention, response, recovery, or relief; and

(xi) long-range acoustic devices that do not have a commercial application.

                    (b) Federal agencies shall review and take all 
                necessary action, as appropriate and consistent with 
                applicable law, to comply with and implement the 
                recommendations established by the former Law 
                Enforcement Equipment Working Group (LEEWG) pursuant to 
                Executive Order 13688 of January 16, 2015 (Federal 
                Support for Local Law Enforcement Equipment 
                Acquisition), as contained in the LEEWG's May 2015 
                Report (Recommendations Pursuant to Executive Order 
                13688, Federal Support for Local Law Enforcement 
                Equipment Acquisition), and October 2016 Implementation 
                Update (Recommendations Pursuant to Executive Order 
                13688, Federal Support for Local Law Enforcement 
                Equipment Acquisition). To the extent that there is any 
                inconsistency between this order and either the LEEWG's 
                May 2015 Report or October 2016 Implementation Update, 
                this order shall supersede those documents.
                    (c) Prior to transferring any property included in 
                the ``controlled equipment list'' within the October 
                2016 Implementation Update referenced in subsection (b) 
                of this section, the agencies listed in subsection (a) 
                of this section shall take all necessary action, as 
                appropriate and consistent with applicable law, to 
                ensure that the recipient State, Tribal, local, or 
                territorial LEA:

(i) submits to that agency a description of how the recipient expects to 
use the property and demonstrates that the property will be tracked in an 
asset management system;

(ii) certifies that if the recipient determines that the property is 
surplus to its needs, the recipient will return the property;

(iii) certifies that the recipient notified the local community of its 
request for the property and translated the notification into appropriate 
languages to inform individuals with limited English proficiency, and 
certifies that the recipient notified the city council or other local 
governing body of

[[Page 32955]]

its intent to request the property and that the request comports with all 
applicable approval requirements of the local governing body; and

(iv) agrees to return the property if the DOJ determines or a Federal, 
State, Tribal, local, or territorial court enters a final judgment finding 
that the LEA has engaged in a pattern or practice of civil rights 
violations.

                Sec. 13. Ensuring Appropriate Use of Body-Worn Cameras 
                and Advanced Law Enforcement Technologies. (a) The 
                heads of Federal LEAs shall take the following actions 
                with respect to body-worn camera (BWC) policies:

(i) As soon as practicable, but no later than 90 days from the date of this 
order, the heads of Federal LEAs shall ensure that their respective 
agencies issue policies with requirements that are equivalent to, or 
exceed, the requirements of the policy issued by the DOJ on June 7, 2021, 
requiring the heads of certain DOJ law enforcement components to develop 
policies regarding the use of BWC recording equipment. The heads of Federal 
LEAs shall further identify the resources necessary to fully implement such 
policies.

(ii) For Federal LEAs that regularly conduct patrols or routinely engage 
with the public in response to emergency calls, the policies issued under 
subsection (a)(i) of this section shall be designed to ensure that cameras 
are worn and activated in all appropriate circumstances, including during 
arrests and searches.

(iii) The heads of Federal LEAs shall ensure that all BWC policies shall be 
publicly posted and shall be designed to promote transparency and protect 
the privacy and civil rights of members of the public.

                    (b) Federal LEAs shall include within the policies 
                developed pursuant to subsection (a)(i) of this section 
                protocols for expedited public release of BWC video 
                footage following incidents involving serious bodily 
                injury or deaths in custody, which shall be consistent 
                with applicable law, including the Privacy Act of 1974, 
                and shall take into account the need to promote 
                transparency and accountability, the duty to protect 
                the privacy rights of persons depicted in the footage, 
                and any need to protect ongoing law enforcement 
                operations.
                    (c) Within 365 days of the date of this order, the 
                Attorney General, in coordination with the Secretary of 
                HHS and the Director of the Office of Science and 
                Technology Policy (OSTP), shall conduct a study that 
                assesses the advantages and disadvantages of officer 
                review of BWC footage prior to the completion of 
                initial reports or interviews concerning an incident 
                involving use of force, including an assessment of 
                current scientific research regarding the effects of 
                such review. Within 180 days of the completion of that 
                study, the Attorney General, in coordination with the 
                Secretary of HHS, shall publish a report detailing the 
                findings of that study, and shall identify best 
                practices regarding law enforcement officer review of 
                BWC footage.
                    (d) Within 180 days of the date of this order, the 
                Attorney General shall request the National Academy of 
                Sciences (NAS), through its National Research Council, 
                to enter into a contract to:

(i) conduct a study of facial recognition technology, other technologies 
using biometric information, and predictive algorithms, with a particular 
focus on the use of such technologies and algorithms by law enforcement, 
that includes an assessment of how such technologies and algorithms are 
used, and any privacy, civil rights, civil liberties, accuracy, or 
disparate impact concerns raised by those technologies and algorithms or 
their manner of use; and

(ii) publish a report detailing the findings of that study, as well as any 
recommendations for the use of or for restrictions on facial recognition 
technologies, other technologies using biometric information, and 
predictive algorithms by law enforcement.

                    (e) The Attorney General, the Secretary of Homeland 
                Security, and the Director of OSTP shall jointly lead 
                an interagency process regarding the

[[Page 32956]]

                use by LEAs of facial recognition technology, other 
                technologies using biometric information, and 
                predictive algorithms, as well as data storage and 
                access regarding such technologies, and shall:

(i) ensure that the interagency process addresses safeguarding privacy, 
civil rights, and civil liberties, and ensure that any use of such 
technologies is regularly assessed for accuracy in the specific deployment 
context; does not have a disparate impact on the basis of race, ethnicity, 
national origin, religion, sex (including sexual orientation and gender 
identity), or disability; and is consistent with the policy announced in 
section 1 of this order;

(ii) coordinate and consult with:

  (A) the NAS, including by incorporating and responding to the study 
described in subsection (d)(i) of this section;

  (B) the Subcommittee on Artificial Intelligence and Law Enforcement 
established by section 5104(e) of the National Artificial Intelligence 
Initiative Act of 2020 (Division E of Public Law 116-283); and

  (C) law enforcement, civil rights, civil liberties, criminal defense, and 
data privacy organizations; and

(iii) within 18 months of the date of this order, publish a report that:

  (A) identifies best practices, specifically addressing the concerns 
identified in subsection (e)(i) of this section;

  (B) describes any changes made to relevant policies of Federal LEAs; and

  (C) recommends guidelines for Federal, State, Tribal, local, and 
territorial LEAs, as well as technology vendors whose goods or services are 
procured by the Federal Government, on the use of such technologies, 
including electronic discovery obligations regarding the accuracy and 
disparate impact of technologies employed in specific cases.

                    (f) The heads of Federal LEAs shall review the 
                conclusions of the interagency process described in 
                subsection (e) of this section and, where appropriate, 
                update each of their respective agency's policies 
                regarding the use of facial recognition technology, 
                other technologies using biometric information, and 
                predictive algorithms, as well as data storage and 
                access regarding such technologies.

                Sec. 14. Promoting Comprehensive and Collaborative 
                Responses to Persons in Behavioral or Mental Health 
                Crisis. (a) Within 180 days of the date of this order, 
                the Attorney General and the Secretary of HHS, in 
                coordination with the heads of other agencies and after 
                consultation with stakeholders, including service 
                providers, nonprofit organizations, and law enforcement 
                organizations, as appropriate, shall assess and issue 
                guidance to State, Tribal, local, and territorial 
                officials on best practices for responding to calls and 
                interacting with persons in behavioral or mental health 
                crisis or persons who have disabilities.

                    (b) The assessment made under subsection (a) of 
                this section shall draw on existing evidence and 
                include consideration of co-responder models that pair 
                law enforcement with health or social work 
                professionals; alternative responder models, such as 
                mobile crisis response teams for appropriate 
                situations; community-based crisis centers and the 
                facilitation of post-crisis support services, including 
                supported housing, assertive community treatment, and 
                peer support services; the risks associated with 
                administering sedatives and pharmacological agents such 
                as ketamine outside of a hospital setting to subdue 
                individuals in behavioral or mental health crisis 
                (including an assessment of whether the decision to 
                administer such agents should be made only by 
                individuals licensed to prescribe them); and the 
                Federal resources, including Medicaid, that can be used 
                to implement the identified best practices.

                Sec. 15. Supporting Alternatives to Arrest and 
                Incarceration and Enhancing Reentry. (a) There is 
                established a Federal Interagency Alternatives and

[[Page 32957]]

                Reentry Committee (Committee), to be chaired by the 
                Assistant to the President for Domestic Policy.

                    (b) Committee members shall include:

(i) the Secretary of the Treasury;

(ii) the Attorney General;

(iii) the Secretary of the Interior;

(iv) the Secretary of Agriculture;

(v) the Secretary of Commerce;

(vi) the Secretary of Labor;

(vii) the Secretary of HHS;

(viii) the Secretary of Housing and Urban Development;

(ix) the Secretary of Transportation;

(x) the Secretary of Energy;

(xi) the Secretary of Education;

(xii) the Secretary of Veterans Affairs;

(xiii) the Secretary of Homeland Security;

(xiv) the Director of OMB;

(xv) the Administrator of the Small Business Administration;

(xvi) the Counsel to the President;

(xvii) the Chief of Staff to the Vice President;

(xviii) the Chair of the Council of Economic Advisers;

(xix) the Director of the National Economic Council;

(xx) the Director of OSTP;

(xxi) the Director of National Drug Control Policy;

(xxii) the Director of the Office of Personnel Management;

(xxiii) the Chief Executive Officer of the Corporation for National and 
Community Service;

(xxiv) the Executive Director of the Gender Policy Council; and

(xxv) the heads of such other executive departments, agencies, and offices 
as the Chair may designate or invite.

                    (c) The Committee shall consult and coordinate with 
                the DOJ Reentry Coordination Council, which was formed 
                in compliance with the requirement of the First Step 
                Act that the Attorney General convene an interagency 
                effort to coordinate on Federal programs, policies, and 
                activities relating to the reentry of individuals 
                returning from incarceration to the community. See sec. 
                505(a) of the First Step Act. The Committee may consult 
                with other agencies; Government officials; outside 
                experts; interested persons; service providers; 
                nonprofit organizations; law enforcement organizations; 
                and State, Tribal, local, and territorial governments, 
                as appropriate.
                    (d) The Committee shall develop and coordinate 
                implementation of an evidence-informed strategic plan 
                across the Federal Government within 200 days of the 
                date of this order to advance the following goals, with 
                particular attention to reducing racial, ethnic, and 
                other disparities in the Nation's criminal justice 
                system:

(i) safely reducing unnecessary criminal justice interactions, including by 
advancing alternatives to arrest and incarceration; supporting effective 
alternative responses to substance use disorders, mental health needs, the 
needs of veterans and people with disabilities, vulnerable youth, people 
who are victims of domestic violence, sexual assault, or trafficking, and 
people experiencing homelessness or living in poverty; expanding the

[[Page 32958]]

availability of diversion and restorative justice programs consistent with 
public safety; and recommending effective means of addressing minor traffic 
and other public order infractions to avoid unnecessarily taxing law 
enforcement resources;

(ii) supporting rehabilitation during incarceration, such as through 
educational opportunities, job training, medical and mental health care, 
trauma-informed care, substance use disorder treatment and recovery 
support, and continuity of contact with children and other family members; 
and

(iii) facilitating reentry into society of people with criminal records, 
including by providing support to promote success after incarceration; 
sealing or expunging criminal records, as appropriate; and removing 
barriers to securing government-issued identification, housing, employment, 
occupational licenses, education, health insurance and health care, public 
benefits, access to transportation, and the right to vote.

                    (e) With respect to the goals described in 
                subsections (d)(i) and (d)(ii) of this section, the 
                Committee's strategic plan shall make recommendations 
                for State, Tribal, local, and territorial criminal 
                justice systems. With respect to the goal described in 
                subsection (d)(iii) of this section, the Committee's 
                strategic plan shall make recommendations for Federal, 
                State, Tribal, local, and territorial criminal justice 
                systems, and shall be informed by the Attorney 
                General's review conducted pursuant to subsection (f) 
                of this section. Following the 200 days identified in 
                subsection (d) of this section, all agency participants 
                shall continue to participate in, and provide regular 
                updates to, the Committee regarding their progress in 
                achieving the goals described in subsections (d)(i) 
                through (iii) of this section.
                    (f) Within 150 days of the date of this order, the 
                Attorney General shall submit a report to the President 
                that provides a strategic plan to advance the goals in 
                subsections (d)(ii) and (d)(iii) of this section as 
                they relate to the Federal criminal justice system. In 
                developing that strategic plan, the Attorney General 
                shall, as appropriate, consult with the heads of other 
                relevant agencies to improve the Federal criminal 
                justice system, while safeguarding the DOJ's 
                independence and prosecutorial discretion.
                    (g) The Committee and the Attorney General's 
                efforts pursuant to this section may incorporate and 
                build upon the report to the Congress issued pursuant 
                to section 505(b) of the First Step Act. The Committee 
                may refer the consideration of specific topics to be 
                separately considered by the DOJ Reentry Coordination 
                Council, with the approval of the Attorney General.
                    (h) Within 90 days of the date of this order and 
                annually thereafter, and after appropriate consultation 
                with the Administrative Office of the United States 
                Courts, the United States Sentencing Commission, and 
                the Federal Defender Service, the Attorney General 
                shall coordinate with the DOJ Reentry Coordination 
                Council and the DOJ Civil Rights Division to publish a 
                report on the following data, disaggregated by judicial 
                district:

(i) the resources currently available to individuals on probation or 
supervised release, and the additional resources necessary to ensure that 
the employment, housing, educational, and reentry needs of offenders are 
fulfilled; and

(ii) the number of probationers and supervised releasees revoked, modified, 
or reinstated for Grade A, B, and C violations, disaggregated by 
demographic data and the mean and median sentence length for each 
demographic category.

                Sec. 16. Supporting Safe Conditions in Prisons and 
                Jails. (a) For the duration of the HHS public health 
                emergency declared with respect to COVID-19, the 
                Attorney General shall continue to implement the core 
                public health measures, as appropriate, of masking, 
                distancing, testing, and vaccination in Federal 
                prisons. In addition, the Attorney General shall 
                undertake, as appropriate, the following actions within 
                120 days of the date of this order:

[[Page 32959]]

(i) updating Federal Bureau of Prisons (BOP) and United States Marshals 
Service (USMS) procedures and protocols, in consultation with the Secretary 
of HHS, as appropriate, to facilitate COVID-19 testing of BOP staff and 
individuals in BOP custody who are asymptomatic or symptomatic and do not 
have known, suspected, or reported exposure to SARS-CoV-2, the virus that 
causes COVID-19;

(ii) updating BOP and USMS procedures and protocols, in consultation with 
the Secretary of HHS, to identify alternatives consistent with public 
health recommendations to the use of facility-wide lockdowns to prevent the 
transmission of SARS-CoV-2, or to the use of restrictive housing for 
detainees and prisoners who have tested positive for SARS-CoV-2 or have 
known, suspected, or reported exposure;

(iii) identifying the number of individuals who meet the eligibility 
requirements under the CARES Act (Public Law 116-136), the First Step Act, 
18 U.S.C. 3582(c), 18 U.S.C. 3622, and 18 U.S.C. 3624, for release as part 
of the DOJ's efforts to mitigate the impact and spread of COVID-19; and

(iv) expanding the sharing and publication of BOP and USMS data, in 
consultation with the Secretary of HHS, regarding vaccination, testing, 
infections, and fatalities due to COVID-19 among staff, prisoners, and 
detainees, in a manner that ensures the thoroughness and accuracy of the 
data; protects privacy; and disaggregates the data by race, ethnicity, age, 
sex, disability, and facility, after consulting with the White House COVID-
19 Response Team, HHS, and the Equitable Data Working Group established in 
Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government), as 
appropriate.

                    (b) The Attorney General shall take the following 
                actions relating to other conditions of confinement in 
                Federal detention facilities:

(i) within 180 days of the date of this order, submit a report to the 
President detailing steps the DOJ has taken, consistent with applicable 
law, to ensure that restrictive housing in Federal detention facilities is 
used rarely, applied fairly, and subject to reasonable constraints; to 
ensure that individuals in DOJ custody are housed in the least restrictive 
setting necessary for their safety and the safety of staff, other prisoners 
and detainees, and the public; to house prisoners as close to their 
families as practicable; and to ensure the DOJ's full implementation, at a 
minimum, of the Prison Rape Elimination Act of 2003 (Public Law 108-79) and 
the recommendations of the DOJ's January 2016 Report and Recommendations 
Concerning the Use of Restrictive Housing; and

(ii) within 240 days of the date of this order, complete a comprehensive 
review and transmit a report to the President identifying any planned steps 
to address conditions of confinement, including steps designed to improve 
the accessibility and quality of medical care (including behavioral and 
mental health care), the specific needs of women (including breast and 
cervical cancer screening, gynecological and reproductive health care, and 
prenatal and postpartum care), the specific needs of juveniles (including 
age-appropriate programming), recovery support services (including 
substance use disorder treatment and trauma-informed care), and the 
environmental conditions for all individuals in BOP and USMS custody.

                Sec. 17. Advancing First Step Act Implementation. (a) 
                The Attorney General is reviewing and updating as 
                appropriate DOJ regulations, policies, and guidance in 
                order to fully implement the provisions and intent of 
                the First Step Act, and shall continue to do so 
                consistent with the policy announced in section 1 of 
                this order. Within 180 days of the date of this order 
                and annually thereafter, the Attorney General shall, in 
                consultation with the Director of OMB, submit a report 
                to the President summarizing:

(i) the rehabilitative purpose for each First Step Act expenditure and 
proposal for the prior and current fiscal years, detailing the number of 
available and proposed dedicated programming staff and resources, the

[[Page 32960]]

use of augmentation among BOP staff, and BOP staffing levels at each 
facility;

(ii) any additional funding necessary to fully implement the rehabilitative 
purpose of the First Step Act, ensure dedicated programming staff for all 
prisoners, and address staffing shortages in all BOP facilities; and

(iii) the following information on the BOP's risk assessment tool, Prisoner 
Assessment Tool Targeting Estimated Risk and Needs (PATTERN):

  (A) the number of individuals released early due to Earned Time Credits 
who were subsequently convicted and sentenced, as defined by United States 
Sentencing Guideline sec. 4A1.1(a), in the year following their release, 
disaggregated by their PATTERN risk level category of ``Minimum,'' ``Low,'' 
``Medium,'' or ``High'' at time of release;

  (B) an assessment of any disparate impact of PATTERN, including the 
weighting of static and dynamic risk factors and of the statutorily 
enumerated offenses and prior convictions that render individuals 
ineligible to earn time credits; and

  (C) a strategic plan and timeline to improve PATTERN, including by 
addressing any disparities and developing a needs-based assessment system.

                Sec. 18. Collecting Comprehensive Criminal Justice 
                Statistics. (a) The Attorney General, in consultation 
                with the United States Chief Data Scientist and the 
                United States Chief Statistician, shall review the 
                status of State, Tribal, local, and territorial LEAs 
                transitioning from the Summary Reporting System to the 
                NIBRS in the FBI's Uniform Crime Reporting Program, and 
                shall submit a report to the President within 120 days 
                of the date of this order summarizing the status of 
                that transition for State, Tribal, local, and 
                territorial LEAs and including recommendations to 
                maximize participation in the NIBRS.

                    (b) Within 365 days of the date of this order, the 
                Attorney General, through the Director of the Bureau of 
                Justice Statistics, and the Director of OMB, through 
                the United States Chief Statistician, shall jointly 
                submit a report to the President detailing what, if 
                any, steps the agencies will take:

(i) to improve their current data collections, such as the National Crime 
Victimization Survey and the Police-Public Contact Survey Supplement, 
including how to ensure that such data collections are undertaken and 
published annually, and that they include victimization surveys that 
measure law enforcement use of force; serious bodily injury or death that 
occurs in law enforcement encounters; public trust in law enforcement; and 
actual or perceived bias by demographic subgroups defined by race, 
ethnicity, and sex (including sexual orientation and gender identity); and

(ii) to improve the Law Enforcement Management and Administrative 
Statistics Survey, with a focus on ensuring that such data collections are 
undertaken and published regularly and measure law enforcement workforce 
data, use of force, public trust in law enforcement, and actual or 
perceived bias.

                    (c) The Equitable Data Working Group established in 
                Executive Order 13985 shall work with the National 
                Science and Technology Council to create a Working 
                Group on Criminal Justice Statistics (Working Group), 
                which shall be composed of representatives of the 
                Domestic Policy Council and the office of the Counsel 
                to the President, the DOJ, OMB, and OSTP, and which 
                shall, as appropriate, consult with representatives of 
                the Federal Defender Services; civil rights, civil 
                liberties, data privacy, and law enforcement 
                organizations; and criminal justice data scientists.

(i) Within 365 days of the date of this order, the Working Group and the 
Assistant to the President for Domestic Policy shall issue a report to the 
President that assesses current data collection, use, and data transparency 
practices with respect to law enforcement activities, including

[[Page 32961]]

calls for service, searches, stops, frisks, seizures, arrests, complaints, 
law enforcement demographics, and civil asset forfeiture.

(ii) Within 365 days of the date of this order, the Working Group shall 
assess practices and policies governing the acquisition, use, and oversight 
of advanced surveillance and forensic technologies, including commercial 
cyber intrusion tools, by Federal, State, Tribal, local, and territorial 
law enforcement, and shall include in the report referenced in subsection 
(c)(i) of this section recommendations based on this assessment that 
promote equitable, transparent, accountable, constitutional, and effective 
law enforcement practices.

                Sec. 19. Establishing Accreditation Standards. (a) The 
                Attorney General shall develop and implement methods to 
                promote State, Tribal, local, and territorial LEAs 
                seeking accreditation by an authorized, independent 
                credentialing body, including by determining what 
                discretionary grants shall require that the LEA be 
                accredited or be in the process of obtaining 
                accreditation.

                    (b) Within 240 days of the date of this order, the 
                Attorney General shall develop and publish standards 
                for determining whether an entity is an authorized, 
                independent credentialing body, including that the 
                entity requires policies that further the policies in 
                sections 3, 4, and 7 through 10 of this order, and 
                encourages participation in comprehensive collection 
                and use of police misconduct and use-of-force-data, 
                such as through the databases provided for in sections 
                5 and 6 of this order. In developing such standards, 
                the Attorney General shall also consider the 
                recommendations of the Final Report of the President's 
                Task Force on 21st Century Policing issued in May 2015. 
                Pending the development of such standards, the Attorney 
                General shall maintain the current requirements related 
                to accreditation.
                    (c) The Attorney General, in formulating standards 
                for accrediting bodies, shall consult with professional 
                accreditation organizations, law enforcement 
                organizations, civil rights and community-based 
                organizations, civilian oversight and accountability 
                groups, and other appropriate stakeholders. The 
                Attorney General's standards shall ensure that, in 
                order to qualify as an authorized, independent 
                credentialing body, the accrediting entity must conduct 
                independent assessments of an LEA's compliance with 
                applicable standards as part of the accreditation 
                process and not rely on the LEA's self-certification 
                alone.

                Sec. 20. Supporting Safe and Effective Policing Through 
                Grantmaking. (a) Within 180 days of the date of this 
                order, the Attorney General, the Secretary of HHS, and 
                the Secretary of Homeland Security shall promptly 
                review and exercise their authority, as appropriate and 
                consistent with applicable law, to award Federal 
                discretionary grants in a manner that supports and 
                promotes the adoption of policies of this order by 
                State, Tribal, local, and territorial governments and 
                LEAs. The Attorney General, the Secretary of HHS, and 
                the Secretary of Homeland Security shall also use other 
                incentives outside of grantmaking, such as training and 
                technical assistance, as appropriate and consistent 
                with applicable law, to support State, Tribal, local, 
                and territorial governments and LEAs in adopting the 
                policies in this order.

                    (b) On September 15, 2021, the Associate Attorney 
                General directed a review of the DOJ's implementation 
                and administrative enforcement of Title VI of the Civil 
                Rights Act of 1964, 42 U.S.C. 200d et seq., and of the 
                nondiscrimination provisions of the Omnibus Crime 
                Control and Safe Streets Act of 1968, 34 U.S.C. 10228, 
                in connection with Federal financial assistance the DOJ 
                provides, to ensure that the DOJ is providing 
                sufficient oversight and accountability regarding the 
                activities of its federally funded recipients.

(i) Within 30 days of the date of this order, and consistent with any other 
applicable guidance issued by the Attorney General, the head of every other 
Federal agency that provides grants to State, local, and territorial LEAs 
shall commence a similar review of its law enforcement-related grantmaking 
operations and the activities of its grant recipients.

[[Page 32962]]

(ii) Within 180 days of the date of this order, the head of each Federal 
agency that provides grants to State, local, and territorial LEAs shall 
submit to the Assistant Attorney General for the Civil Rights Division of 
the DOJ, for review under Executive Order 12250 of November 2, 1980 
(Leadership and Coordination of Nondiscrimination Laws), a report of its 
review conducted pursuant to subsection (b)(i) of this section, including 
its conclusions and recommendations. Within 30 days following such review 
and clearance from the DOJ pursuant to this subsection, the head of each 
such agency shall make the conclusions of its review publicly available, as 
appropriate.

                Sec. 21. Definitions. For the purposes of this order: 
                (a) ``Federal law enforcement agency'' or ``Federal 
                LEA'' means an organizational unit or subunit of the 
                executive branch that employs officers who are 
                authorized to make arrests and carry firearms, and that 
                is responsible for the prevention, detection, and 
                investigation of crime or the apprehension of alleged 
                offenders. The ``heads of all Federal law enforcement 
                agencies'' means the leaders of those units or 
                subunits.

                    (b) The term ``sustained complaints or records of 
                disciplinary action'' means an allegation of misconduct 
                that is sustained through a completed official 
                proceeding, such as an internal affairs or department 
                disciplinary process.
                    (c) The term ``serious misconduct'' means excessive 
                force, bias, discrimination, obstruction of justice, 
                false reports, false statements under oath, theft, or 
                sexual misconduct.

                Sec. 22. Superseding Prior Orders. (a) Executive Order 
                13809 of August 28, 2017 (Restoring State, Tribal, and 
                Local Law Enforcement's Access to Life-Saving Equipment 
                and Resources), is revoked. All agencies are directed, 
                consistent with applicable law, to take prompt action 
                to rescind any rules, regulations, guidelines, or 
                policies implementing Executive Order 13809 that are 
                inconsistent with the provisions of this order.

                    (b) Executive Order 13929 of June 16, 2020 (Safe 
                Policing for Safe Communities), is revoked. All 
                agencies are directed, consistent with applicable law, 
                to take prompt action to rescind any rules, 
                regulations, guidelines, or policies implementing 
                Executive Order 13929 that are inconsistent with the 
                provisions of this order.
                    (c) To the extent that there are other executive 
                orders that may conflict with or overlap with the 
                provisions in this order, the provisions of this order 
                supersede any prior Executive Order on these subjects.

                Sec. 23. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 32963]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 25, 2022.

[FR Doc. 2022-11810
Filed 5-27-22; 11:15 am]
Billing code 3395-F2-P