Posted by: thepinetree on 05/25/2022 07:12 PM
Updated by: thepinetree on 05/25/2022 07:12 PM
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President Biden and Vice President Harris at Signing of Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety
Washington, DC....Good afternoon, everyone. Good afternoon. Please have a seat. Good afternoon. President Joe Biden, members of our Cabinet, members of Congress, community leaders, law enforcement officials: It’s good to be here with all of you — not under these circumstances, but it is good be with you.
And I know, of course, that today, following yesterday, that all of our hearts, of course, are with the people of Uvalde, Texas; with the parents, with the children; with all the folks who said goodbye yesterday morning to someone they loved, not knowing that that goodbye would be their last.
Enough is enough. Enough is enough.
As the President said last night, we must have the courage to stand up to the gun lobby and pass reasonable gun safety laws.
We must work together to create an America where everyone feels safe in their community, where children feel safe in their schools. And, of course, that responsibility that we collectively have to ensure that all people feel safe in their community is what brings us together today.
It is an honor to be joined by the families of George Floyd, Breonna Taylor, and many others. And I’ve met many of you before and many times, and many others I’m meeting for the first time.
I’m moved, as always, by your courage. You have felt so much pain, and you have endured unimaginable grief. You have experienced the anguish of losing someone you love and cherish. And yet, you are here, as you have been throughout the days of your grief, standing selflessly, full of grace and resilience, to speak up, to speak out, often against odds — great odds — to fight for a world where no one has to experience what you have been through.
Your loved ones should be with us today. You should not have to mourn. You should never have had to mourn in order for our nation to feel your pain and to understand what is wrong and to agree that something must be done.
I know it is a particularly difficult day for the Floyd family. Two years ago today, a brother, a son, a father was taken from you. We will never forget what happened that day. The eyes of the world, literally, were on what happened that day.
And, collectively, we remain horrified by what we witnessed. And we are here today, in memory of George Floyd and all those we have lost, to take action.
The law enforcement officers of our nation — well, they swear an oath to protect and to serve, and the vast majority do so honorably. Yet we know, too often, when there is a use of biased policing and excessive force — when that occurs, it too often is not met with accountability, denying equal justice not just to individuals but to whole communities and, therefore, to our nation as a whole.
Trust between law enforcement and the communities they serve is critical to ensuring public safety.
And as many of you know, this is an issue I have worked on personally since my first days as an elected district attorney and as California’s Attorney General.
As a United States senator, I, together with Senator Cory Book [Booker], Congresswoman Karen Bass, introduced legislation to advance much-needed reforms. That legislation would have ensured greater transparency and increased accountability.
We later named it the George Floyd Justice in Policing Act. And it was passed, because of the strength of the leadership in the House of Representatives, through the House of Representatives.
However, last fall, Senate Republicans rejected the George Floyd Justice in Policing Act. They walked away from their moral obligation to address what caused millions of Americans to march in the streets: the critical need that a coalition of Americans were demanding, were pleading for, in terms of reform and accountability.
At the time, President Joe Biden and I, and all of us here, we made clear and we vowed that we would explore every action available to us at the executive level to advance the cause of justice in our nation.
In a moment, our President will sign an executive order that takes dozens of important actions to advance effective, accountable policing; to strengthen trust between law enforcement and the communities they serve; and to help us fight crime and promote public safety.
This order will help protect our communities, and it will help keep members of law enforcement safe on the job.
These actions are a result of input and collaboration from a broad set of partners, many of whom are here today: civil rights leaders; members of Congress, in particular members of the Congressional Black Caucus — and I see Madam Chair here with us today; leading law enforcement groups; and, of course, the families of the victims.
We know this executive order will not take away your pain — your pain — and the pain of all those families who may not be in this room right now.
We also know this executive order is no substitute for legislation nor does it accomplish everything we know must be done. But it is a necessary and long-overdue, critical step forward.
And once again, the President and I call on the United States Senate to pass the George Floyd Justice in Policing Act. And once again, we vow that we will do everything in our power to protect public safety, to support law enforcement, and to address this issue of racial injustice wherever it exists.
And with that, it is now my great honor to introduce a man who, when he ran for President, was clear in his purpose, which was to bring our nation together, who fights every day to make sure all our communities are safe and that the rights of all people are protected. The President of the United States, Joe Biden. (Applause.)
Before we begin, let me say a few words about what happened in Uvalde, Texas, elementary school.
Since I spoke last night, the confirmed death toll has tragically climbed, including another teacher and two more — three more students.
Jill and I will be traveling to Texas in the coming days to meet with the families and let them know we have a sense — just a sense of their pain, and hopefully bring some little comfort to the community in shock, in grief, and in trauma. As a nation, I think we all must be there for them. Everyone.
And we must ask: When in God’s name will we do what needs to be done to, if not completely stop, fundamentally change the amount of the carnage that goes on in this country?
To state the obvious, like Cory and a lot of other people here, I’m sick and tired — I’m just sick and tired of what’s going on and continues to go on.
I spent my career, as chairman of the Judiciary Committee and as Vice President, working for commonsense gun reforms — as I said, as a senator and a Vice President.
While they clearly will not prevent every tragedy, we know certain ones will have significant impact and have no negative impact on the Second Amendment. The Second Amendment is not absolute. When it was passed, you couldn’t own a — you couldn’t own a cannon, you couldn’t own certain kinds of weapons. It’s just — there’s always been limitations.
But guess what? These actions we’ve taken before, they saved lives. And they can do it again.
The idea that an 18-year-old can walk into a store and buy weapons of war, designed and marketed to kill, is, I think, just wrong. It just violates common sense. Even the manufacturer — the inventor of that weapon thought that as well.
You know, where is the backbone? Where is the courage to stand up to a very powerful lobby?
But here is one modest step:
The federal agency that measures and ensures that gun laws are enforced and the Second Amendment is abided by — the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the AFT [ATF] — has not had a Senate confirmation leader for seven years because of these disputes. For seven years, they’ve been out — without anyone in charge.
I nominated a supremely qualified former prosecutor who has broad bipartisan support from law enforcement and the community overall.
His hearing was held easier today — earlier today, I should say.
The Senate should confirm him without delay, without excuse. Send the nomination to my desk. It’s time for action.
We’re here today for the same purpose: to come together and say, “Enough”; to act. We must.
Vice President Harris and members of the Cabinet; members of the Congress; civil rights leaders; law enforcement officers and officials; distinguished guests, especially the families missing a piece of their soul, including the family sitting in front of me and the beautiful young girl who told me, “My daddy is going to change history.” And he will, honey. He will. They’ve lost a piece of their soul two years ago as well.
You know, I know events remembering your loved ones, even though they’re meant with great reverence, are really hard. Everything is coming back as if it was — happened yesterday.
But in your own ways, you’ve each — each of you whose family has been victimized have summoned the courage to find purpose through your pain, to stir justice that’s been too long dormant, and to give hope while in need of hope yourself.
That’s why the executive order I’ll be signing today is so important, in my view. It’s a measure of what we can do together to heal the very soul of this nation; to address the profound fear and trauma, exhaustion that particularly Black Americans have experienced for generations; and to channel that private pain and public outrage into a rare mark of progress for years to come.
Two summers ago, in the middle of a pandemic, we saw protests across the nation the likes of which you hadn’t seen since the 1960s.
They unified people of every race and generation. Athletes and sports leagues boycotted and postponed games. Companies and workers proclaimed “Black Lives Matter.” Students staged solidarity walkouts.
From Europe to the Middle East to Asia to Australia, people saw their own fight for justice and equality in what we were trying to do.
The message is clear: Enough! Just, “Enough.”
And, look, almost — almost a year later — (applause) — almost a year later, a jury in Minnesota stepped up and they found a police officer guilty of murdering George Floyd, with officers and even a police chief taking the stand to testify against misconduct of their colleagues. I don’t know any good cop who likes a bad cop.
But for many people, including many families here, such accountability is all too rare. That’s why I promised as President I would do everything in my power to enact meaningful police reform that is real and lasting.
That’s why I called on Congress to pass the George Floyd Justice in Policing Act — (applause) — to send it to my desk.
Some asked why I haven’t done this executive order earlier. If I’d done it, I was worried it would undercut the effort to get the law passed.
This is a call to action based on a basic truth: Public trust, as any cop will tell you, is the foundation of public safety. If they’re not trusted, the population doesn’t contribute, doesn’t cooperate.
Two sides of the same soin [sic] — coin, inextricably linked. And the principles of fairness and equal justice are at the core of each of them.
For the wheels of justice are propelled by the confidence that people have in their system of justice. Without that confidence, crimes would go unreported. Witness fears come — don’t — fear to come forward; cases go unsolved; victims suffer in isolation while perpetrators remain free; and ironically, police are put in greater — greater danger; justice goes undelivered.
Without public trust, law enforcement can’t do its job
of serving and protecting all of our communities. But as we’ve seen all too often, public trust is frayed and broken, and that undermines public safety.
The families here today and across the country have had to ask why this nation — why so many Black Americans wake up knowing they could lose their life in the course of just living their life today — simply jogging, shopping, sleeping at home. Whether they made headlines or not, lost souls gone too soon.
Members of Congress, including many here today — like Senator Cory Booker and Congressman [Congresswoman] Karen Bass, alongside members of the Congressional Black Caucus, House and Senate Judiciary Committees — spent countless hours on the George Floyd Justice in Policing Act to find a better answer to that question.
I sincerely thank you all for your tireless efforts. (Applause.) But they’re not over.
The House passed a strong bill. It failed in the Senate where our Republican colleagues opposed any meaningful reform.
So we got to work on this executive order, which is grounded in key elements of the Justice in Policing Act and reflects inputs of a broad coalition represented here today.
Families courageously shared their perspectives on what happened to their loved ones and what we could do to make sure it doesn’t happen to somebody else.
Civil rights groups and their leaders of every generation who have given their heart and soul to this work provided critical insights and perspectives.
The executive order also benefits from the valuable inputs of law enforcement who put their lines on the li- — lives on the line every single day to serve.
Now, let me say there are those who seek to drive a wedge between law enforcement and the people they serve; those who peddle the fiction that public trust and public safety are in opposition to one another.
We know that’s not true, but it occurs. I believe the vast majority of Americans want the same thing: trust, safety, and accountability.
The vast majority of law enforcement risk their lives every day to do the right thing. Their families wait for that phone call every time they put on that shield.
Just yesterday in Uvalde, brave local officers and Border Patrol agents intervened to save as many children as they could.
Here today, I want to especially thank the International Association of Chiefs of Police, the Fraternal Order of Police, as well as the National Organization of Black Law Enforcement Executives — (applause) — the Federal Law Enforcement [Officers] Association, the Police Executive Research Forum, Major City Chiefs Association, and others who stepped up — stepped up and endorsed what we’re talking about today.
As divided as this nation can feel, today we’re showing the strength of our unity. It matters.
This executive order is going to deliver the most significant police reform in decades. It applies directly, under law, to only 100,000 federal law enforcement officers — all the federal law enforcement officers. And though federal incentives and best practices they’re attached to, we expect the order to have significant impact on state and local law enforcement agencies as well.
Here are the key parts:
First, the executive order promotes accountability. It creates a new national law enforcement accountability database to track records of misconduct so that an officer can’t hide the misconduct.
It strengthens the pattern-and-practice investigations to address systematic [systemic] misconduct in some departments. It mandates all federal agents wear and activate body cameras while on patrol.
Second, the executive order raises standards, bans chokeholds, restricts no-knock warrants, tightens use-of-force policies to emphasize de-escalation and the duty to intervene to stop another officer from using executive [excessive] force, just as occurred — that didn’t occur, but people testified it didn’t occur in George Floyd’s case.
And third, the executive order modernizes policing. It calls for a presh [sic] — a fresh approach to recruit, train, promote, and retain law enforcement that tied to advancing public safety and public trust.
Right now, we don’t systematically collect data, for instance, on instances of police use of force. This executive order is going to improve that data collection.
There’s a lot more as well. The bottom line of the executive order includes reforms that have long been talked about but we’re finally implementing at a federal level. And it comes at a critical time.
By building trust, we can strengthen public safety and we can more effectively fight crime in our communities. And we can do one more thing: We can show what’s possible when we work together.
Look, I know — I know progress can be slow and frustrating. And there’s a concern that the reckoning on race inspired two years ago is beginning to fade.
But acting today, we’re showing that our dear friend, the late John Lewis — Congressman — wrote in his final words after his final march for justice in July of 2020. He said, “Democracy is not a state. It is an act.” Democracy is not a state, it’s an act — an affirmative act. And today, we’re acting.
We’re showing that speaking out matters, being engaged matters, and that the work of our time — healing the soul of this nation — is ongoing and unfinished, and requires all of us never to give up, always to keep the faith.
I’ll close with this:
Over two years now — for over two years, we’ve gotten to know one another and pray with one another — not figuratively, literally.
I promise the Floyd family, among others, that George’s name is not just going to be a hashtag. Your daddy’s name is going to be known for a long time. And that as a nation, we’re going to ensure his legacy and the legacy of so many others remembered today — it’s not about their death but what we do in their memory that matters. The purpose.
In just a few mi- — in just a few moments, I’m going to deliver on that promise when I sign the executive order.
And Kamala and I will continue, along with our friends in Congress, to get meaningful police reform legislation on my desk as best we can, as quickly as we can, beyond what we’re doing here, affecting states as well, directly.
On this day, we’re showing the America we know. We’re a great nation because the vast majority of us are good people. And there’s nothing beyond our capacity — nothing — when we act together as the United States of America.
And this is a start — a new start. May God bless you all, and may God protect our forces.
And now I’m going to go sign that executive order. Thank you. (Applause.)
I’m about to sign “Advancing Executive Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety.”
And since I only have one pen, you all are going to get a copy of this pen. (Laughter.) I don’t have to do one stroke at a time with each pen. (Laughter.)
(The executive order is signed.) God willing (inaudible). (Applause.)
(Gianna Floyd comes up to the stage and sits at the signing desk.)
You know what she told me when I saw her when she was a little girl two years ago? Seriously, she pulled me aside and she said, “My daddy is going to change the world.” (Applause.)
Executive Order on 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, 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 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 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, 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 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 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.
(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 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 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 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 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
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No Subject Posted on: 2022-05-26 12:03:32By: Anonymous
Does anyone really care what these two clowns say or do?? Not me!!
