Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety
Executive Order 14074, issued by President Biden on May 25, 2022, directs federal agencies to take a broad set of actions to improve policing and the broader criminal justice system. The goal is to strengthen public trust and public safety by promoting fair, transparent, and accountable policing, reducing racial disparities, and supporting reintegration for people leaving the criminal justice system. While Congress would be needed to enact some reforms, the order uses existing executive power to set concrete steps for Federal, State, Tribal, local, and territorial law enforcement partners, and to provide guidance and support to broader law enforcement reform efforts. Key elements include independent investigations of deaths in custody, stronger use-of-force data collection, a new National Law Enforcement Accountability Database, reforms to recruitment and retention, enhanced officer wellness and suicide prevention, stronger anti-bias training, tighter limits on certain policing practices (such as chokeholds, carotid restraints, and no-knock entries), and efforts to assess and mitigate the community impact of use of force. The order also calls for improvements in training, accountability mechanisms, and data-sharing to improve transparency while protecting privacy and due process.
Key Points
- 1Independent investigations and pattern-or-practice oversight
- 2- The Attorney General shall issue guidance to encourage independent investigations of deaths in custody and strengthen DOJ capacity to investigate deprivation of rights under color of law, including training for federal investigators and prosecutors; efforts to improve communications with State Attorneys General; and ensuring timely and thorough investigations (including cooperation with internal oversight bodies and adherence to investigative standards).
- 3Creation and use of a National Law Enforcement Accountability Database
- 4- Within 240 days, the Attorney General shall establish a centralized Accountability Database documenting officer misconduct and commendations, with due process protections. The database will include records such as misconduct findings, suspensions, terminations, and awards, and will be used to inform hiring, assignments, and promotions where appropriate. It will also enable quarterly data submissions and discuss public accessibility in a privacy-respecting way.
- 5Strengthening recruitment, hiring, promotion, and retention
- 6- An interagency working group, chaired by the Director of the Office of Personnel Management, will develop core policies and best practices to diversify and professionalize Federal law enforcement, including recruiting officers from the communities they serve, mentorship and leadership development, and strengthened background investigations to screen out candidates who promote bias or unlawful violence. Agencies will update and implement these policies within a defined timeline.
- 7Officer wellness and suicide prevention
- 8- The Attorney General, with HHS, will publish best practices for officer wellness, addressing substance use disorders and mental health/trauma. The order also requires assessments of suicide prevention efforts and guidance to encourage data-sharing and resources for mental health and social support, with ongoing reviews and updates to agency practices.
- 9Enhanced use-of-force data collection and training
- 10- Federal law enforcement agencies must submit monthly Use-of-Force data to the FBI’s Use-of-Force Data Collection, including detailed incident information, subject and officer demographics, types of force, injuries, and other relevant data. The Attorney General, with the U.S. Chief Technology Officer, will work with state and local agencies to reduce reporting burdens, publish quarterly anonymized data for research, and promote broader participation. Training on use-of-force standards will be annual, and risk-management tools will be deployed to identify and intervene in problematic conduct.