[ad_1]<\/p>\n
By the authority vested in me as President by the Constitution and the laws of the United States of America, I\u00a0hereby order as follows:<\/p>\n
Section 1.\u00a0 Policy.\u00a0 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.\u00a0 This is imperative \u2014 not only to live up to our principles as a Nation, but also to build secure, safe, and healthy communities.\u00a0 Protecting public safety requires close partnerships between law enforcement and the communities it serves.\u00a0 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.<\/p>\n
Law enforcement officers are often a person\u2019s 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.\u00a0 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 \u2014 which has led to the deaths of law enforcement officers and civilians alike.\u00a0 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\u2019s trust.<\/p>\n
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. \u00a0We have collectively mourned following law enforcement encounters that have tragically ended in the loss of life. \u00a0To heal as a Nation, we must acknowledge that those fatal encounters have disparately impacted Black and Brown people and other people of color. \u00a0The 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. \u00a0More broadly, numerous aspects of our criminal justice system are still shaped by race or ethnicity.\u00a0 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.\u00a0 Doing so serves all Americans. <\/p>\n
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. \u00a0While 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.\u00a0 To be clear, certain obstacles to lasting reform require legislative solutions.\u00a0 In particular, system-wide change requires funding and support that only the Congress can authorize.\u00a0 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.\u00a0<\/p>\n
The need for such action could not be more urgent.\u00a0 Since early 2020, communities around the country have faced rising rates of violent crime, requiring law enforcement engagement at a time when law enforcement agencies are already confronting the challenges of staffing shortages and low morale. \u00a0Strengthening community trust is more critical now than ever, as a community\u2019s cooperation with the police to report crimes and assist investigations is essential for deterring violence and holding perpetrators accountable. \u00a0Reinforcing the partnership between law enforcement and communities is imperative for combating crime and achieving lasting public safety.\u00a0\u00a0\u00a0<\/p>\n
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.\u00a0 We must commit to new practices in law enforcement recruitment, hiring, promotion, and retention, as well as training, oversight, and accountability.\u00a0 Insufficient resources, including those dedicated to support officer wellness \u2014 needed more than ever as officers confront rising crime and the effects of the coronavirus disease 2019 (COVID-19) pandemic \u2014 jeopardize the law enforcement community\u2019s ability to build and retain a highly qualified and diverse professional workforce.\u00a0 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.\u00a0 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.\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\n
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.\u00a0 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.\u00a0 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.\u00a0 It calls for improving and clarifying standards for police activities such as the execution of search warrants and the use of force.\u00a0<\/p>\n
Many law enforcement agencies across the country \u2014 including at the Federal, State, Tribal, local, and territorial level \u2014 have already undertaken important efforts to modernize policing and make our broader criminal justice system more effective and more equitable.\u00a0 Their work has inspired many of the provisions of this order.\u00a0 These agencies \u2014 and the officers who serve within them \u2014 deserve recognition for their leadership and appreciation for setting a standard that others can follow.\u00a0 This order seeks to recognize these key reforms and implement them consistently across Federal law enforcement agencies.\u00a0 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.\u00a0<\/p>\n
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.\u00a0 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.\u00a0 Individuals who have been involved in the criminal justice system face many barriers in transitioning back into society, including limited access to housing, public benefits, health care, trauma-informed services and support, education, nutrition, employment and occupational licensing, credit, the ballot, and other critical opportunities.\u00a0 Lowering barriers to reentry is essential to reducing recidivism and reducing crime.<\/p>\n
Finally, no one should be required to serve an excessive prison sentence.\u00a0 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.\u00a0 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.<\/p>\n
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.<\/p>\n
Sec<\/u>. 2.\u00a0 Sharing of Federal Best Practices with State, Tribal, Local, and Territorial Law Enforcement Agencies to Enhance Accountability.\u00a0 (a) \u00a0Independent Investigations of In-Custody Deaths<\/em>. \u00a0The 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.<\/p>\n (b) \u00a0Improving Training for Investigations into Deprivation of Rights Under Color of Law.\u00a0 <\/em>The Attorney General shall assess the steps necessary to enhance the Department of Justice\u2019s (DOJ\u2019s) 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.\u00a0 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.<\/p>\n (c) \u00a0Pattern or Practice Investigations.<\/em> \u00a0The 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\u2019s investigations of patterns or practices of misconduct by law enforcement officers, including prosecutors, pursuant to 34 U.S.C. 12601 and other statutes. \u00a0The Attorney General shall also develop training and technical assistance for State, local, and territorial officials who have similar investigatory authority.\u00a0<\/p>\n (d) \u00a0Ensuring Timely Investigations.<\/em> \u00a0The heads of all Federal LEAs shall assess whether any of their respective agency\u2019s 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. \u00a0Within 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.<\/p>\n (e) \u00a0Ensuring Thorough Investigations<\/em>.\u00a0 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 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.<\/p>\n (f)\u00a0 Ensuring Timely and Consistent Discipline.<\/em>\u00a0 The heads of all Federal LEAs shall assess whether any of their respective agency\u2019s 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.\u00a0 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.<\/p>\n Sec<\/u>. 3<\/u>.\u00a0 Strengthening Officer Recruitment, Hiring, Promotion, and Retention Practices<\/u>.\u00a0 (a) \u00a0Within 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.\u00a0 The interagency working group shall consist of the heads of Federal LEAs and shall consult with other stakeholders, such as law enforcement organizations. \u00a0The 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. \u00a0As part of this process, the interagency working group shall:<\/p>\n (i)\u00a0\u00a0\u00a0 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\u2019 strategic plans required under Executive Order 14035 of June 25, 2021 (Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce);<\/p>\n (ii)\u00a0\u00a0 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;<\/p>\n (iii)\u00a0 develop best practices for ensuring that performance evaluations and promotion decisions for Federal law enforcement officers include an assessment of the officer\u2019s adherence to agency policies, and that performance evaluations and promotion decisions for supervisors include an assessment of the supervisor\u2019s effectiveness in addressing misconduct by officers they supervise; and\u00a0<\/p>\n (iv)\u00a0\u00a0 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.<\/p>\n (b)\u00a0 Within 180 days of the publication of the interagency working group\u2019s 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.\u00a0 Such policies and protocols shall include mechanisms for Federal LEAs to regularly assess the effectiveness of their recruitment, hiring, promotion, and retention practices in accomplishing the goals of subsection (a) of this section.<\/p>\n (c) \u00a0The 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.<\/p>\n (d) \u00a0The 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.\u00a0 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.<\/p>\n Sec. 4.\u00a0 Supporting Officer Wellness. \u00a0(a) \u00a0Within 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.\u00a0 This report shall: \u00a0<\/p>\n (i)\u00a0\u00a0 consider the work undertaken already pursuant to the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113); and<\/p>\n (ii)\u00a0 identify existing and needed resources for supporting law enforcement officer wellness.\u00a0<\/p>\n (b) \u00a0Upon 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.<\/p>\n (c) \u00a0The 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.\u00a0 These recommendations shall also identify methods to encourage submission of data from Federal, State, Tribal, local, and territorial LEAs to the FBI\u2019s Law Enforcement Suicide Data Collection, in a manner that respects the privacy interests of law enforcement officers and is consistent with applicable law.<\/p>\n Sec<\/u>. 5<\/u>.\u00a0 Establishing a National Law Enforcement Accountability Database<\/u>.\u00a0 (a) \u00a0The 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.\u00a0 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. \u00a0<\/p>\n (b) \u00a0The 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:<\/p>\n (i)\u00a0 \u00a0\u00a0include in the Accountability Database all available information that the Attorney General deems necessary, appropriate, and consistent with law and with considerations of victim confidentiality, concerning misconduct by Federal law enforcement officers relevant to carrying out their official duties;<\/p>\n (ii)\u00a0\u00a0 include in the Accountability Database, to the maximum extent permitted by law, official records documenting officer misconduct, including, as appropriate: \u00a0records of criminal convictions; suspension of a law enforcement officer\u2019s 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; \u00a0\u00a0<\/p>\n (iii)\u00a0 include in the Accountability Database records of officer commendations and awards, as the Attorney General deems appropriate; and<\/p>\n (iv)\u00a0\u00a0 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.<\/p>\n (c)\u00a0 Requirements for the submission of information to the Accountability Database are as follows:<\/p>\n (i)\u00a0\u00a0 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\u00a0\u00a0<\/p>\n (ii)\u00a0 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.\u00a0 The Attorney General shall also issue appropriate guidance and technical assistance to further this goal.<\/p>\n (d) \u00a0In establishing the Accountability Database under subsection (a) of this section, the Attorney General shall:<\/p>\n (i) \u00a0\u00a0\u00a0make use of Federal records from DOJ databases to the maximum extent permitted by law;<\/p>\n (ii)\u00a0\u00a0 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;<\/p>\n (iii)\u00a0 make use of publicly accessible and reliable sources of information, such as court records, as necessary and appropriate; and<\/p>\n (iv)\u00a0\u00a0 make use of information submitted by State, Tribal, local, and territorial LEAs, as necessary and appropriate.<\/p>\n (e)\u00a0 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.\u00a0<\/p>\n (f)\u00a0 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.\u00a0 The Attorney General shall develop guidance 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.<\/p>\n (g) \u00a0The 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:<\/p>\n (i) \u00a0\u00a0publish 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\u00a0<\/p>\n (ii)\u00a0 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.<\/p>\n (h)\u00a0 The Attorney General shall determine whether additional legislation or appropriation of funds is needed to achieve the full objectives of this section. Sec. 6.\u00a0 Improving Use-of-Force Data Collection.\u00a0 (a) \u00a0Within 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.\u00a0 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:<\/p>\n (i)\u00a0\u00a0\u00a0 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;<\/p>\n (ii)\u00a0\u00a0 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;<\/p>\n (iii)\u00a0 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<\/p>\n (iv)\u00a0\u00a0 such other information as the Attorney General deems appropriate.<\/p>\n (b) \u00a0The Attorney General, in consultation with the United\u00a0States 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\u2019 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. \u00a0<\/p>\n (c) \u00a0The 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).<\/p>\n (d) \u00a0The 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\u2019s Uniform Crime Reporting Program.<\/p>\n (e) \u00a0The Attorney General shall publish a report within 120\u00a0days 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.\u00a0<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sec. 7.\u00a0 Banning Chokeholds and Carotid Restraints. \u00a0(a) \u00a0The 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.\u00a0 (b)\u00a0 The head of every Federal LEA shall incorporate training consistent with this section.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sec<\/u>. 8<\/u>.\u00a0 Providing Federal Law Enforcement Officers with Clear Guidance on Use-of-Force Standards<\/u>.\u00a0 (a) \u00a0The heads of Federal LEAs shall, as soon as practicable but no later than 90\u00a0days 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.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>(b) \u00a0The 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\u2019s 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.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sec. 9.\u00a0 Providing Anti-Bias Training and Guidance.\u00a0 (a) \u00a0Within 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.<\/p>\n (b)\u00a0 The heads of Federal LEAs shall, to the extent consistent with applicable law, ensure that their law enforcement officers complete such training annually.<\/p>\n (c)\u00a0 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. \u00a0<\/p>\n (d)\u00a0 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.<\/p>\n (e) \u00a0The Attorney General, in collaboration with the Secretary of Homeland Security and the heads of other agencies as appropriate, shall assess the implementation and effects of the DOJ\u2019s 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.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sec<\/u>. 10<\/u>. \u00a0Restricting No-Knock Entries<\/u>.\u00a0 (a) \u00a0The heads of Federal LEAs shall, as soon as practicable, but no later than 60\u00a0days 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 \u201cno-knock entries,\u201d and provides guidance to ensure the safe execution of announced entries.<\/p>\n (b) \u00a0The heads of Federal LEAs shall maintain records of no-knock entries.\u00a0<\/p>\n (c) \u00a0The heads of Federal LEAs shall issue annual reports to the President \u2014 and post the reports publicly \u2014 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.<\/p>\n Sec. 11.\u00a0 Assessing and Addressing the Effect on Communities of Use of Force by Law Enforcement.\u00a0 (a) \u00a0The 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.<\/p>\n (b) \u00a0The Attorney General, the Secretary of HHS, and the Director of OMB shall, within 60\u00a0days 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.<\/p>\n (c)\u00a0 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.\u00a0\u00a0 \u00a0<\/p>\n (d)\u00a0 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.\u00a0<\/p>\n (e) \u00a0After 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.\u00a0<\/p>\n Sec. 12.\u00a0 Limiting the Transfer or Purchase of Certain Military Equipment by Law Enforcement.\u00a0 (a) \u00a0The 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.\u00a0 Within 60 days of the date of this order, the Secretary of the Treasury, the Secretary of Defense, the Attorney 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:<\/p>\n (i)\u00a0\u00a0\u00a0\u00a0 firearms of .50 or greater caliber;<\/p>\n (ii)\u00a0\u00a0\u00a0 ammunition of .50 or greater caliber;<\/p>\n (iii)\u00a0\u00a0 firearm silencers, as defined in 18 U.S.C. 921(a)(24);<\/p>\n (iv)\u00a0\u00a0\u00a0 bayonets;<\/p>\n (v)\u00a0\u00a0\u00a0\u00a0 grenade launchers;<\/p>\n (vi)\u00a0\u00a0\u00a0 grenades (including stun and flash-bang);<\/p>\n (vii)\u00a0\u00a0 explosives (except for explosives and percussion actuated non-electric disruptors used for accredited bomb squads and explosive detection canine training);<\/p>\n (viii)\u00a0 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;<\/p>\n (ix)\u00a0\u00a0\u00a0 weaponized drones and weapons systems covered by DOD Directive 3000.09 of November 21, 2012, as amended (Autonomy in Weapon Systems);<\/p>\n (x)\u00a0\u00a0\u00a0\u00a0 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<\/p>\n (xi)\u00a0\u00a0\u00a0 long-range acoustic devices that do not have a commercial application.\u00a0<\/p>\n (b)\u00a0 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\u2019s 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).\u00a0 To the extent that there is any inconsistency between this order and either the LEEWG\u2019s May 2015 Report or October 2016 Implementation Update, this order shall supersede those documents.<\/p>\n (c) \u00a0Prior to transferring any property included in the \u201ccontrolled equipment list\u201d 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:<\/p>\n (i)\u00a0\u00a0\u00a0 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;<\/p>\n (ii)\u00a0\u00a0 certifies that if the recipient determines that the property is surplus to its needs, the recipient will return the property;<\/p>\n (iii)\u00a0 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 its intent to request the property and that the request comports with all applicable approval requirements of the local governing body; and<\/p>\n (iv)\u00a0\u00a0 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.<\/p>\n Sec. 13.\u00a0 Ensuring Appropriate Use of Body-Worn Cameras and Advanced Law Enforcement Technologies.\u00a0 (a) \u00a0The heads of Federal LEAs shall take the following actions with respect to body-worn camera (BWC) policies:<\/p>\n (i)\u00a0\u00a0\u00a0 As soon as practicable, but no later than 90\u00a0days 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.\u00a0 The heads of Federal LEAs shall further identify the resources necessary to fully implement such policies.\u00a0<\/p>\n (ii)\u00a0\u00a0 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.\u00a0<\/p>\n (iii)\u00a0 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.\u00a0<\/p>\n (b) \u00a0Federal 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.\u00a0<\/p>\n (c)\u00a0 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.\u00a0 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.\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\n (d)\u00a0 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:<\/p>\n (i)\u00a0\u00a0 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<\/p>\n (ii)\u00a0 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.\u00a0<\/p>\n (e) \u00a0The Attorney General, the Secretary of Homeland Security, and the Director of OSTP shall jointly lead an interagency process regarding the 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:<\/p>\n (i)\u00a0\u00a0\u00a0 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;<\/p>\n (ii) \u00a0\u00a0coordinate and consult with:<\/p>\n (A) \u00a0the NAS, including by incorporating and responding to the study described in subsection (d)(i) of this section;<\/p>\n (B)\u00a0 the Subcommittee on Artificial Intelligence and Law Enforcement established by section\u00a05104(e) of the National Artificial Intelligence Initiative Act of 2020 (Division E of Public Law 116-283); and<\/p>\n (C)\u00a0 law enforcement, civil rights, civil liberties, criminal defense, and data privacy organizations; and\u00a0<\/p>\n (iii)\u00a0 within 18 months of the date of this order, publish a report that:<\/p>\n (A) \u00a0identifies best practices, specifically addressing the concerns identified in subsection\u00a0(e)(i) of this section;<\/p>\n (B)\u00a0 describes any changes made to relevant policies of Federal LEAs; and<\/p>\n (C)\u00a0 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.<\/p>\n (f) \u00a0The 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\u2019s 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.\u00a0\u00a0<\/p>\n Sec. 14.\u00a0 Promoting Comprehensive and Collaborative Responses to Persons in Behavioral or Mental Health Crisis.\u00a0 (a)\u00a0 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. \u00a0<\/p>\n (b)\u00a0 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.\u00a0<\/p>\n Sec. 15.\u00a0 Supporting Alternatives to Arrest and Incarceration and Enhancing Reentry.\u00a0 (a) \u00a0There is established a Federal Interagency Alternatives and Reentry Committee (Committee), to be chaired by the Assistant to the President for Domestic Policy.\u00a0<\/p>\n (b)\u00a0 Committee members shall include:<\/p>\n (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the Secretary of the Treasury;<\/p>\n (ii)\u00a0\u00a0\u00a0\u00a0 the Attorney General;<\/p>\n (iii)\u00a0\u00a0\u00a0 the Secretary of the Interior;<\/p>\n (iv)\u00a0\u00a0\u00a0\u00a0 the Secretary of Agriculture;<\/p>\n (v)\u00a0\u00a0\u00a0\u00a0\u00a0 the Secretary of Commerce;<\/p>\n (vi)\u00a0\u00a0\u00a0\u00a0 the Secretary of Labor;<\/p>\n (vii)\u00a0\u00a0\u00a0 the Secretary of HHS;<\/p>\n (viii)\u00a0\u00a0 the Secretary of Housing and Urban Development;<\/p>\n (ix)\u00a0\u00a0\u00a0\u00a0 the Secretary of Transportation;<\/p>\n (x)\u00a0\u00a0\u00a0\u00a0\u00a0 the Secretary of Energy;<\/p>\n (xi)\u00a0\u00a0\u00a0\u00a0 the Secretary of Education;<\/p>\n (xii)\u00a0\u00a0\u00a0 the Secretary of Veterans Affairs;<\/p>\n (xiii)\u00a0\u00a0 the Secretary of Homeland Security;<\/p>\n (xiv)\u00a0\u00a0\u00a0 the Director of OMB;<\/p>\n (xv)\u00a0\u00a0\u00a0\u00a0 the Administrator of the Small Business Administration;<\/p>\n (xvi)\u00a0\u00a0\u00a0 the Counsel to the President;<\/p>\n (xvii)\u00a0\u00a0 the Chief of Staff to the Vice President;<\/p>\n (xviii)\u00a0 the Chair of the Council of Economic Advisers;<\/p>\n (xix)\u00a0\u00a0\u00a0 the Director of the National Economic Council;<\/p>\n (xx)\u00a0\u00a0\u00a0\u00a0 the Director of OSTP;<\/p>\n (xxi)\u00a0\u00a0\u00a0 the Director of National Drug Control Policy;<\/p>\n (xxii)\u00a0\u00a0 the Director of the Office of Personnel Management;<\/p>\n (xxiii)\u00a0 the Chief Executive Officer of the Corporation for National and Community Service;<\/p>\n (xxiv)\u00a0\u00a0 the Executive Director of the Gender Policy Council; and<\/p>\n (xxv)\u00a0\u00a0\u00a0 the heads of such other executive departments, agencies, and offices as the Chair may designate or invite.\u00a0<\/p>\n (c) \u00a0The 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.\u00a0 See sec.\u00a0505(a) of the First Step Act.\u00a0 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.<\/p>\n (d) \u00a0The 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\u2019s criminal justice system:<\/p>\n (i)\u00a0\u00a0\u00a0 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 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;<\/p>\n (ii)\u00a0\u00a0 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<\/p>\n (iii)\u00a0 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.<\/p>\n (e) \u00a0With respect to the goals described in subsections (d)(i) and (d)(ii) of this section, the Committee\u2019s strategic plan shall make recommendations for State, Tribal, local, and territorial criminal justice systems.\u00a0 With respect to the goal described in subsection (d)(iii) of this section, the Committee\u2019s strategic plan shall make recommendations for Federal, State, Tribal, local, and territorial criminal justice systems, and shall be informed by the Attorney General\u2019s review conducted pursuant to subsection (f) of this section.\u00a0 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.<\/p>\n (f) \u00a0Within 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\u00a0(d)(ii) and (d)(iii) of this section as they relate to the Federal criminal justice system.\u00a0 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\u2019s independence and prosecutorial discretion.\u00a0<\/p>\n (g) \u00a0The Committee and the Attorney General\u2019s 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.\u00a0 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.<\/p>\n (h) \u00a0Within 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:<\/p>\n (i) \u00a0\u00a0the 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<\/p>\n (ii) \u00a0the 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.<\/p>\n Sec<\/u>. 16.\u00a0 Supporting Safe Conditions in Prisons and Jails.\u00a0 (a) \u00a0For 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.\u00a0 In addition, the Attorney General shall undertake, as appropriate, the following actions within 120 days of the date of this order:<\/p>\n (i)\u00a0\u00a0\u00a0 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;<\/p>\n (ii)\u00a0\u00a0 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;<\/p>\n (iii)\u00a0 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\u2019s efforts to mitigate the impact and spread of COVID-19; and<\/p>\n (iv)\u00a0\u00a0 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.<\/p>\n (b) \u00a0The Attorney General shall take the following actions relating to other conditions of confinement in Federal detention facilities:<\/p>\n (i)\u00a0\u00a0 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\u2019s full implementation, at a minimum, of the Prison Rape Elimination Act of 2003 (Public Law 108-79) and the recommendations of the DOJ\u2019s January 2016 Report and Recommendations Concerning the Use of Restrictive Housing; and<\/p>\n (ii)\u00a0 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.<\/p>\n Sec. 17.\u00a0 Advancing First Step Act Implementation.\u00a0 (a)\u00a0 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. \u00a0Within 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:<\/p>\n (i)\u00a0\u00a0\u00a0 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 use of augmentation among BOP staff, and BOP staffing levels at each facility;<\/p>\n (ii) \u00a0\u00a0any 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 \u00a0<\/p>\n (iii)\u00a0 the following information on the BOP\u2019s risk assessment tool, Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN):<\/p>\n (A)\u00a0 the number of individuals released early due to Earned Time Credits who were subsequently convicted and sentenced, as defined by United\u00a0States Sentencing Guideline sec. 4A1.1(a), in the year following their release, disaggregated by their PATTERN risk level category of \u201cMinimum,\u201d \u201cLow,\u201d \u201cMedium,\u201d or \u201cHigh\u201d at time of release;<\/p>\n (B) \u00a0an 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<\/p>\n (C) \u00a0a strategic plan and timeline to improve PATTERN, including by addressing any disparities and developing a needs-based assessment system.<\/p>\n Sec<\/u>. 18<\/u>. \u00a0Collecting Comprehensive Criminal Justice Statistics<\/u>.\u00a0 (a) \u00a0The 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\u2019s 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.\u00a0<\/p>\n (b)\u00a0 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:<\/p>\n (i)\u00a0\u00a0 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<\/p>\n (ii)\u00a0 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.<\/p>\n (c) \u00a0The 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.<\/p>\n (i) \u00a0\u00a0Within 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 calls for service, searches, stops, frisks, seizures, arrests, complaints, law enforcement demographics, and civil asset forfeiture.<\/p>\n (ii)\u00a0 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.<\/p>\n Sec. 19.\u00a0 Establishing Accreditation Standards. \u00a0(a) \u00a0The 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.<\/p>\n (b) \u00a0Within 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. \u00a0In developing such standards, the Attorney General shall also consider the recommendations of the Final Report of the President\u2019s Task Force on 21st Century Policing issued in May 2015.\u00a0 Pending the development of such standards, the Attorney General shall maintain the current requirements related to accreditation.\u00a0 \u00a0<\/p>\n (c) \u00a0The 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. \u00a0The Attorney General\u2019s standards shall ensure that, in order to qualify as an authorized, independent credentialing body, the accrediting entity must conduct independent assessments of an LEA\u2019s compliance with applicable standards as part of the accreditation process and not rely on the LEA\u2019s self-certification alone.<\/p>\n Sec. 20.\u00a0 Supporting Safe and Effective Policing Through Grantmaking. \u00a0(a) \u00a0Within 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. \u00a0The 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.\u00a0<\/p>\n (b) \u00a0On September 15, 2021, the Associate Attorney General directed a review of the DOJ\u2019s implementation and administrative enforcement of Title VI of the Civil Rights Act of 1964, 42\u00a0U.S.C. 200d et seq<\/em>., and of the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, 34\u00a0U.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.\u00a0<\/p>\n (i) \u00a0\u00a0Within 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.\u00a0<\/p>\n (ii) \u00a0Within 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\u00a012250 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.\u00a0 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.<\/p>\n Sec. 21.\u00a0 Definitions.\u00a0 For the purposes of this order:\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 (a) \u00a0\u201cFederal law enforcement agency\u201d or \u201cFederal LEA\u201d 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. \u00a0The \u201cheads of all Federal law enforcement agencies\u201d means the leaders of those units or subunits.<\/p>\n (b) \u00a0The term \u201csustained complaints or records of disciplinary action\u201d means an allegation of misconduct that is sustained through a completed official proceeding, such as an internal affairs or department disciplinary process.<\/p>\n (c) \u00a0The term \u201cserious misconduct\u201d means excessive force, bias, discrimination, obstruction of justice, false reports, false statements under oath, theft, or sexual misconduct.<\/p>\n Sec. 22. \u00a0Superseding Prior Orders.\u00a0 (a) \u00a0Executive Order\u00a013809 of August 28, 2017 (Restoring State, Tribal, and Local Law Enforcement\u2019s Access to Life-Saving Equipment and Resources), is revoked.\u00a0 All agencies are directed, consistent with applicable law, to take prompt action to rescind any rules, regulations, guidelines, or policies implementing Executive\u00a0Order 13809 that are inconsistent with the provisions of this order.<\/p>\n (b) \u00a0Executive Order 13929 of June 16, 2020 (Safe Policing for Safe Communities), is revoked.\u00a0 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.<\/p>\n (c) \u00a0To 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.<\/p>\n Sec. 23.\u00a0 General Provisions.\u00a0 (a) \u00a0Nothing in this order shall be construed to impair or otherwise affect:<\/p>\n (i) \u00a0\u00a0the authority granted by law to an executive department or agency, or the head thereof; or<\/p>\n (ii) \u00a0the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.<\/p>\n (b) \u00a0This order shall be implemented consistent with applicable law and subject to the availability of appropriations.<\/p>\n (c) \u00a0This 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.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0JOSEPH R. BIDEN JR.<\/p>\n THE WHITE HOUSE,<\/p>\n \u00a0\u00a0\u00a0 May 25, 2022.<\/p>\n<\/p><\/div>\n