ML22333A772
| ML22333A772 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/2023 |
| From: | Christopher Hanson NRC/Chairman |
| To: | Biden J, Harris K US Executive Office of the President |
| References | |
| CORR-22-0122 | |
| Download: ML22333A772 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001 January 9, 2023 CHAIR The President The White House Washington , DC 20500
Dear Mr. President:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety," dated May 25, 2022. Specifically, this letter will address subsections (a) and (c) within section 10, "Restricting No-Knock Entries ."
Within the NRC, the Office of Investigations (01) employs officers possessing the authorities and responsibilities referred to in the definition of "Federal law enforcement agency" in Executive Order 14074. The NRC's Office of the Inspector General (OIG), which conducts oversight activities relating to NRC programs and operations , also employs such officers.
Executive Order 14074, section 10, subsection (a), directed the heads of Federal law enforcement agencies, as soon as practicable, but no later than 60 days from the date of this order, to ensure that their respective agencies issue policies with requirements that are equivalent to , or exceed , the requirements of the policy issued by the Department of Justice (DOJ) on September 13, 2021 . The DOJ policy limits the use of unannounced entries, often referred to as " no-knock entries ," and provides guidance to ensure the safe execution of announced entries. The NRC's 01 and OIG have met this requirement.
Executive Order 14074, section 10, subsection (c) , further directed the heads of all Federal law enforcement agencies to 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 wh ich a law enforcement officer or other person was injured in the course of a no-knock entry. Based upon a review by the heads of 01 and OIG of recent and historical practices of their respective offices , the NRC has determined that neither 01 nor OIG has ever conducted a no-knock entry. Given this NRG-specific history, the NRC does not currently plan on submitting regular annual reports in connection with section 10, subsection (c) , as the NRC anticipates that there will continue to be zero no-knock entries conducted by the agency each year. If, however, a no-knock entry should occur, the NRC, or the NRC's Inspector General, as applicable, will commence annual reporting to the President under section 10, subsection (c) , and will post the reports publicly.
Consistent with section 10, subsection (c), the NRC will post this letter publicly.
If you have any questions or need additional information, please contact me by phone at (301) 415-1750.
Sincerely, Christopher T. Hanson
Identical letter sent to :
The President The White House Washington, DC 20500 The Honorable Kamala D. Harris President of the Senate Washington, DC 20510