Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families

[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]

[Presidential Documents]

[Pages 6803-6806]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-01635]

Presidential Documents

Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /

Presidential Documents

[[Page 6803]]

Executive Order 13977 of January 18, 2021

Protecting Law Enforcement Officers, Judges,

Prosecutors, and Their Families

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered as follows:

Section 1. Purpose. Under the Constitution and Federal

law, our Government vests in judges, prosecutors, and

law enforcement officers the power to make decisions of

enormous consequence. Because of the importance of

their work, these public servants face unique risks to

their safety and the safety of their families. Some who

face or have received an adverse judicial decision have

sought to intimidate or punish judges and prosecutors

with threats of harm. Moreover, judges, prosecutors,

and law enforcement officers are symbols within our

communities of law and order and may be targeted for

that reason alone. And at times, family members of

public servants have become victims. Last year, a

former litigant before a Federal judge in New Jersey

tragically murdered the judge's 20-year-old son and

critically wounded her husband

thin our

communities of law and order and may be targeted for

that reason alone. And at times, family members of

public servants have become victims. Last year, a

former litigant before a Federal judge in New Jersey

tragically murdered the judge's 20-year-old son and

critically wounded her husband. Judges, prosecutors,

and law enforcement officers' resiliency in the face of

the danger they regularly face is an inspiration for

all of us in public service.

Judges, prosecutors, and law enforcement officers

should not have to choose between public service and

subjecting themselves and their families to danger. My

Administration has no higher priorities than preserving

the rule of law in our country and protecting the men

and women who serve under its flag. Accordingly, I am

ordering enhanced protections for judges, prosecutors,

and law enforcement officers. Federal law already

allows Federal and State law enforcement officers to

protect themselves by carrying a concealed firearm, but

the Federal Government can do more to cut the red tape

that Federal law enforcement officers must navigate to

exercise their right. The current threat to Federal

prosecutors also demands an expansion of their ability

to carry a concealed firearm, as allowed under the

Department of Justice's existing authorities

the Federal Government can do more to cut the red tape

that Federal law enforcement officers must navigate to

exercise their right. The current threat to Federal

prosecutors also demands an expansion of their ability

to carry a concealed firearm, as allowed under the

Department of Justice's existing authorities. Finally,

the Congress should act expeditiously to adopt

legislation extending the right to carry a concealed

firearm to Federal judges and pass other measures that

will expand our capacity to combat threats of violence

against judges, prosecutors, and law enforcement

officers.

Sec. 2. Removing Obstacles to Federal Law Enforcement

Officers Qualifying For Concealed Carry Under the Law

Enforcement Officers Safety Act of 2004. (a) It shall

be the policy of the United States to remove any undue

obstacle preventing current or retired Federal law

enforcement officers from carrying a concealed firearm

as allowed under the Law Enforcement Officers Safety

Act of 2004, as amended (18 U.S.C. 926B, 926C) (LEOSA).

(b) The heads of all executive departments and

agencies (agencies) that employ or have employed

qualified law enforcement officers or qualified retired

law enforcement officers, as those terms are defined in

the LEOSA, shall act expeditiously to implement the

policy set by subsection (a) of this section.

(b) The heads of all executive departments and

agencies (agencies) that employ or have employed

qualified law enforcement officers or qualified retired

law enforcement officers, as those terms are defined in

the LEOSA, shall act expeditiously to implement the

policy set by subsection (a) of this section.

(c) The heads of all agencies that employ or have

employed qualified law enforcement officers or

qualified retired law enforcement officers, as those

terms are defined in the LEOSA, shall submit a report

to the President, through the Assistant to the

President for Domestic Policy, within 30 days of the

date of this order, reporting on the implementation of

this order

[[Page 6804]]

and analyzing qualified persons' ability to carry a

concealed firearm under the LEOSA.

(d) The report required by subsection (c) of this

section shall:

(i) identify any obstacles that the agency's qualified law enforcement

officers or qualified retired law enforcement officers presently face in

carrying a concealed firearm under the LEOSA;

(ii) identify any categories of the agency's qualified law enforcement

officers or qualified retired law enforcement officers who are presently

unable to carry a concealed firearm under the LEOSA;

(iii) identify the steps the agency has taken to implement the policy set

by subsection (a) of this section; and

enforcement officers presently face in

carrying a concealed firearm under the LEOSA;

(ii) identify any categories of the agency's qualified law enforcement

officers or qualified retired law enforcement officers who are presently

unable to carry a concealed firearm under the LEOSA;

(iii) identify the steps the agency has taken to implement the policy set

by subsection (a) of this section; and

(iv) identify the steps the agency plans to take in the future to implement

the policy set by subsection (a) and explain why it was not possible to

take these steps before the report was submitted.

Sec. 3. Authorizing Concealed Carry By Federal

Prosecutors. (a) Within 30 days of the date of this

order, the Attorney General shall propose a regulation

revising section 0.112 of title 28, Code of Federal

Regulations, to provide that the special deputation as

a Deputy United States Marshal shall be granted upon

request to any Federal prosecutor when the Federal

prosecutor or his or her family members face risk of

harm as a result of the Federal prosecutor's government

service and as appropriate.

(b) The regulation proposed pursuant to this

section shall:

(i) include with the special deputation the power to possess and carry

firearms but not include law enforcement powers such as the power to make

arrests for violations of Federal law and the court-related duties of

United States Marshals; and

(ii) require appropriate training in firearm safety and use as a condition

to any special deputation.

pursuant to this

section shall:

(i) include with the special deputation the power to possess and carry

firearms but not include law enforcement powers such as the power to make

arrests for violations of Federal law and the court-related duties of

United States Marshals; and

(ii) require appropriate training in firearm safety and use as a condition

to any special deputation.

(c) Within 30 days of the date of this order, the

Attorney General shall revise other Department policies

to permit special deputation consistent with

subsections (a) and (b) of this section to the extent

consistent with applicable law.

Sec. 4. Expanding the Federal Government's Protection

of Judges, Prosecutors, and Law Enforcement Officers.

(a) The Attorney General shall direct the Director of

the Marshals Service to prioritize the protection of

Federal judges and Federal prosecutors.

(b) The Attorney General shall prioritize the

investigation and prosecution of Federal crimes

involving actual or threatened violence against judges,

prosecutors, or law enforcement officers or their

family members, if the family member was targeted

because of that person's relation to a judge,

prosecutor, or law enforcement officer.

tize the

investigation and prosecution of Federal crimes

involving actual or threatened violence against judges,

prosecutors, or law enforcement officers or their

family members, if the family member was targeted

because of that person's relation to a judge,

prosecutor, or law enforcement officer.

(c) The Attorney General and Secretary of Homeland

Security shall coordinate a review within the executive

branch to assess the feasibility, as appropriate and

consistent with applicable law, of facilitating the

removal of, or minimizing the availability of,

personally identifiable information appearing in public

sources of judges, prosecutors, and law enforcement

officers employed by the Federal Government, and shall

use the results of this review to inform such persons

of related security vulnerabilities.

(d) Within 30 days of the date of this order, the

Attorney General shall assess the need to revise

subsection 0.111(e) of title 28, Code of Federal

Regulations, to protect Federal prosecutors. If any

revision is needed, the Attorney General shall take

immediate steps to issue a proposed rule that would

amend section 0.111(e) accordingly.

der, the

Attorney General shall assess the need to revise

subsection 0.111(e) of title 28, Code of Federal

Regulations, to protect Federal prosecutors. If any

revision is needed, the Attorney General shall take

immediate steps to issue a proposed rule that would

amend section 0.111(e) accordingly.

(e) The heads of all agencies shall examine the

extent to which they collect personally identifiable

information from judges, prosecutors, or law

enforcement officers, and as appropriate and consistent

with applicable law, allow such persons to provide a

Post Office box address in lieu of home address

information.

[[Page 6805]]

Sec. 5. Proposing Legislation to Enhance the Protection

of Judges, Prosecutors, and Law Enforcement Officers.

(a) Within 30 days of the date of this order, the

Attorney General shall develop and propose Federal

legislation providing additional protection for judges,

prosecutors, and law enforcement officers.

(b) The proposed legislation described in

subsection (a) of this section shall:

(i) authorize current and former Federal judges and current and former

Federal prosecutors to possess or carry firearms when they or their family

members face risk of harm as a result of their Federal government service,

irrespective of Federal, State, and local laws which may restrict the

possession or carrying of firearms;

(ii) promote the removal and minimization of personally identifiable

information from public websites and records of current and former judges,

prosecutors, and law enforcement officers, as appropriate and as allowed

under the Constitution;

s a result of their Federal government service,

irrespective of Federal, State, and local laws which may restrict the

possession or carrying of firearms;

(ii) promote the removal and minimization of personally identifiable

information from public websites and records of current and former judges,

prosecutors, and law enforcement officers, as appropriate and as allowed

under the Constitution;

(iii) expand the ability of judges, prosecutors, and law enforcement

officers to use Post Office box addresses in lieu of home address

information;

(iv) authorize additional appropriations and authority for the Department

of Homeland Security, Marshals Service, and Federal Bureau of

Investigation, including appropriations to hire and train additional

personnel and authority for agencies to respond to both civil unrest and

threats to Federal courthouses;

(v) increase penalties for threatened and actual violence against Federal

judges, prosecutors, and law enforcement officers and their families,

including providing that violence against a Federal judge, prosecutor, or

law enforcement officer's family member shall be punished as though the act

was committed against the Federal judge, prosecutor, or law enforcement

officer if the family member was targeted because of that person's relation

to a Federal judge, prosecutor, or law enforcement officer;

(vi) prevent State and local governments from obstructing the ability of

qualified law enforcement officers and qualified retired law enforcement

officers, as those terms are defined by the LEOSA, from carrying a

concealed firearm pursuant to the LEOSA, including by refusing to issue

identification documents; and

(vii) propose other amendments to strengthen the LEOSA, if appropriate.

Sec. 6. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

d law enforcement

officers, as those terms are defined by the LEOSA, from carrying a

concealed firearm pursuant to the LEOSA, including by refusing to issue

identification documents; and

(vii) propose other amendments to strengthen the LEOSA, if appropriate.

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 agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

[[Page 6806]]

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

January 18, 2021.

[FR Doc. 2021-01635

Filed 1-21-21; 11:15 am]

Billing code 3295-F1-P