How Is The Police Department Defined In Federal Register

Executive Order 13929 of June 16, 2020

Safe Policing for Safe Communities

By the authority vested in me equally President by the Constitution and the laws of the U.s.a., it is hereby ordered as follows:

Section 1. Purpose. As Americans, we believe that all persons are created equal and endowed with the inalienable rights to life and liberty. A fundamental purpose of government is to secure these inalienable rights. Federal, Land, local, tribal, and territorial law enforcement officers place their lives at take a chance every day to ensure that these rights are preserved.

Law enforcement officers provide the essential protection that all Americans require to raise their families and lead productive lives. The relationship betwixt our fellow citizens and law enforcement officers is an important element in their ability to provide that protection. By working straight with their communities, constabulary enforcement officers can assist foster a rubber environment where we all can prosper.

Unfortunately, there take been instances in which some officers have misused their potency, challenging the trust of the American people, with tragic consequences for private victims, their communities, and our Nation. All Americans are entitled to live with the confidence that the law enforcement officers and agencies in their communities will live upward to our Nation'south founding ideals and volition protect the rights of all persons. Particularly in African-American communities, nosotros must redouble our efforts every bit a Nation to swiftly address instances of misconduct.

The Constitution declares in its preamble that i of its master purposes was to plant Justice. Generations of Americans have marched, fought, bled, and died to safeguard the promise of our founding document and protect our shared inalienable rights. Federal, State, local, tribal, and territorial leaders must act in furtherance of that legacy.

Sec. two. Certification and Credentialing. (a) Country and local law enforcement agencies must constantly assess and better their practices and policies to ensure transparent, prophylactic, and accountable commitment of police enforcement services to their communities. Independent credentialing bodies tin can accelerate these assessments, enhance citizen confidence in law enforcement practices, and allow for the identification and correction of internal deficiencies before those deficiencies result in injury to the public or to police force enforcement officers.

(b) The Attorney General shall, as appropriate and consequent with applicable law, allocate Department of Justice discretionary grant funding only to those State and local law enforcement agencies that take sought or are in the process of seeking advisable credentials from a reputable independent credentialing body certified by the Attorney General.

(c) The Attorney General shall certify independent credentialing bodies that run into standards to be set by the Attorney General. Reputable, independent credentialing bodies, eligible for certification by the Attorney General, should address certain topics in their reviews, such as policies and training regarding utilize-of-force and de-escalation techniques; performance management tools, such as early alert systems that help to identify officers who may require intervention; and best practices regarding community engagement. The Attorney Full general'southward standards for certification shall require independent credentialing bodies to, at a minimum, confirm that: Start Printed Page 37326

(i) the State or local constabulary enforcement bureau's use-of-forcefulness policies adhere to all applicable Federal, State, and local laws; and

(two) the Land or local law enforcement agency's use-of-force policies prohibit the use of chokeholds—a physical maneuver that restricts an individual's ability to breathe for the purposes of incapacitation—except in those situations where the utilise of deadly force is immune by police.

(d) The Attorney General shall engage with existing and prospective independent credentialing bodies to encourage them to offering a price-effective, targeted credentialing process regarding appropriate use-of-force policies that police enforcement agencies of all sizes in urban and rural jurisdictions may access.

Sec. iii. Information Sharing. (a) The Chaser General shall create a database to coordinate the sharing of information between and among Federal, Country, local, tribal, and territorial law enforcement agencies concerning instances of excessive apply of force related to law enforcement matters, accounting for applicable privacy and due process rights.

(b) The database described in subsection (a) of this section shall include a machinery to runway, as permissible, terminations or de-certifications of law enforcement officers, criminal convictions of law enforcement officers for on-duty conduct, and civil judgments against police force enforcement officers for improper utilise of force. The database described in subsection (a) of this section shall account for instances where a police enforcement officer resigns or retires while under active investigation related to the utilise of force. The Attorney General shall take appropriate steps to ensure that the information in the database consists merely of instances in which police enforcement officers were afforded fair procedure.

(c) The Chaser General shall regularly and periodically make bachelor to the public aggregated and anonymized data from the database described in subsection (a) of this section, as consequent with applicable constabulary.

(d) The Attorney General shall, as advisable and consistent with applicable law, allocate Department of Justice discretionary grant funding just to those constabulary enforcement agencies that submit the data described in subsection (b) of this department.

Sec. 4. Mental Wellness, Homelessness, and Addiction. (a) Since the mid-twentieth century, America has witnessed a reduction in targeted mental wellness treatment. Ineffective policies take left more than individuals with mental health needs on our Nation'due south streets, which has expanded the responsibilities of constabulary enforcement officers. As a society, nosotros must take steps to safely and humanely intendance for those who suffer from mental illness and substance corruption in a manner that addresses such individuals' needs and the needs of their communities. Information technology is the policy of the United States to promote the employ of appropriate social services equally the primary response to individuals who suffer from impaired mental health, homelessness, and habit, recognizing that, because law enforcement officers ofttimes encounter such individuals suffering from these conditions in the course of their duties, all officers should exist properly trained for such encounters.

(b) The Chaser Full general shall, in consultation with the Secretary of Wellness and Human Services as appropriate, identify and develop opportunities to train police enforcement officers with respect to encounters with individuals suffering from impaired mental health, homelessness, and habit; to increment the chapters of social workers working directly with law enforcement agencies; and to provide guidance regarding the development and implementation of co-responder programs, which involve social workers or other mental health professionals working alongside law enforcement officers and then that they arrive and address situations together. The Attorney General and the Secretary of Health and Homo Services shall prioritize resources, as appropriate and consistent with applicable constabulary, to support such opportunities. Start Printed Page 37327

(c) The Secretary of Wellness and Human being Services shall survey customs-back up models addressing mental health, homelessness, and addiction. Inside 90 days of the date of this order, the Secretary of Health and Homo Services shall summarize the results of this survey in a written report to the President, through the Assistant to the President for Domestic Policy and the Director of the Function of Management and Budget, which shall include specific recommendations regarding how appropriated funds tin can be reallocated to support widespread adoption of successful models and recommendations for additional funding, if needed.

(d) The Secretary of Wellness and Human being Services shall, in coordination with the Attorney General and the Managing director of the Office of Management and Upkeep, prioritize resources, every bit appropriate and consistent with applicative law, to implement community-back up models as recommended in the report described in subsection (c) of this section.

Sec. 5. Legislation and Grant Programs. (a) The Attorney Full general, in consultation with the Banana to the President for Domestic Policy and the Manager of the Part of Management and Budget, shall develop and propose new legislation to the Congress that could be enacted to raise the tools and resources available to improve law enforcement practices and build community engagement.

(b) The legislation described in subsection (a) of this section shall include recommendations to enhance current grant programs to improve police force enforcement practices and build community appointment, including through:

(i) assisting Land and local police enforcement agencies with implementing the credentialing process described in section 2 of this order, the reporting described in section iii of this order, and the co-responder and community-back up models described in section iv of this gild;

(ii) training and technical assistance required to adopt and implement improved use-of-force policies and procedures, including scenario-driven de-escalation techniques;

(iii) retentiveness of high-performing police force enforcement officers and recruitment of law enforcement officers who are probable to exist loftier-performing;

(iv) confidential access to mental health services for law enforcement officers; and

(five) programs aimed at developing or improving relationships between law enforcement and the communities they serve, including through community outreach and listening sessions, and supporting non-turn a profit organizations that focus on improving stressed relationships betwixt law enforcement officers and the communities they serve.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

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

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

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

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(c) This order is not intended to, and does non, create whatsoever right or do good, substantive or procedural, enforceable at law or in equity by any party confronting the Usa, its departments, agencies, or entities, its officers, employees, or agents, or whatsoever other person.