[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. 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. 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.
                    (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

(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.

                    (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.
                    (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.
                    (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;

(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:

(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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 18, 2021.

[FR Doc. 2021-01635
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P