81 FR 26993 - Promoting Rehabilitation and Reintegration of Formerly Incarcerated Individuals

Executive Office of the President

Federal Register Volume 81, Issue 86 (May 4, 2016)

[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Presidential Documents]
[Pages 26993-26996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10662]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 86 / Wednesday, May 4, 2016 / 
Presidential Documents

[[Page 26993]]


                Memorandum of April 29, 2016

                
Promoting Rehabilitation and Reintegration of 
                Formerly Incarcerated Individuals

                Memorandum for the Heads of Executive Departments and 
                Agencies

                America is a Nation of second chances. Promoting the 
                rehabilitation and reintegration of individuals who 
                have paid their debt to society makes communities safer 
                by reducing recidivism and victimization; assists those 
                who return from prison, jail, or juvenile justice 
                facilities to become productive citizens; and saves 
                taxpayer dollars by lowering the direct and collateral 
                costs of incarceration. Policies that limit 
                opportunities for people with criminal records create 
                barriers to employment, education, housing, health 
                care, and civic participation. This lack of opportunity 
                decreases public safety, increases costs to society, 
                and tears at the fabric of our Nation's communities.

                Reducing the cycle of incarceration and recidivism 
                requires coordinated action by government at all 
                levels. Estimates are that as many as 70 million or 
                more Americans have a record of arrest, criminal 
                adjudication, or conviction. Each year, more than 
                600,000 individuals are released from Federal and State 
                correctional facilities. Millions more are released 
                each year from local jails. In many cases, a criminal 
                record is an obstacle to obtaining employment or a 
                license related to or necessary for employment. 
                However, many individuals have criminal histories that 
                should not automatically disqualify them from 
                employment or licensing, but should instead be examined 
                as part of a review of the person as a whole. Providing 
                incarcerated individuals with job and life skills, 
                education programming, and mental health and addiction 
                treatment increases the likelihood that such 
                individuals will be successful when released. And 
                removing barriers to successful reentry helps formerly 
                incarcerated individuals compete for jobs, attain 
                stable housing, and support their families. All of 
                these are critical to reducing recidivism and 
                strengthening communities.

                In 2011, the Attorney General formed the Federal 
                Interagency Reentry Council, a Cabinet-level working 
                group dedicated to the rehabilitation and reintegration 
                of individuals returning to their communities from 
                prisons and jails. I am issuing this memorandum to 
                ensure that the Federal Government continues the 
                important work of this council and builds on its 
                successes.

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby direct the following:

                Section 1. Establishing the Federal Interagency Reentry 
                Council. (a) There is hereby established the Federal 
                Interagency Reentry Council (Reentry Council), to be 
                co-chaired by the Attorney General and the Director of 
                the White House Domestic Policy Council. In addition to 
                the Co-Chairs, the Reentry Council shall include the 
                heads of:

(i) the Department of the Treasury;

(ii) the Department of the Interior;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of Labor;

(vi) the Department of Health and Human Services;

(vii) the Department of Housing and Urban Development;

[[Page 26994]]

(viii) the Department of Transportation;

(ix) the Department of Energy;

(x) the Department of Education;

(xi) the Department of Veterans Affairs;

(xii) the Department of Homeland Security;

(xiii) the Small Business Administration;

(xiv) the Office of Management and Budget;

(xv) the Council of Economic Advisers;

(xvi) the Office of National Drug Control Policy;

(xvii) the Office of Personnel Management;

(xviii) the Corporation for National and Community Service; and

(xix) such other executive departments, agencies, and offices as the Co-
Chairs may designate.

                    (b) The Co-Chairs may also invite representatives 
                of the Consumer Financial Protection Bureau, the Court 
                Services and Offender Supervision Agency, the Equal 
                Employment Opportunity Commission, the Federal 
                Communications Commission, the Federal Deposit 
                Insurance Corporation, the Federal Trade Commission, 
                the Internal Revenue Service, and the Social Security 
                Administration to participate in the activities of the 
                Reentry Council to the extent that such activities are 
                relevant to their respective statutory authorities and 
                legal obligations.
                    (c) As appropriate, the Co-Chairs may invite 
                relevant representatives of the judicial branch, 
                including representatives of the United States 
                Probation and Pretrial Services System and Federal 
                Public Defender Organizations, to attend and 
                participate in meetings of the Reentry Council.
                    (d) The Reentry Council shall work across executive 
                departments, agencies, and offices (agencies) to:

(i) within 100 days of the date of this memorandum, develop and present a 
Federal strategic plan to make communities safer by reducing recidivism and 
victimization; assist individuals who return from prison or jail to become 
productive citizens; and save taxpayer dollars by lowering the direct and 
collateral costs of incarceration;

(ii) identify, implement, and promote evidence-based research, policies, 
strategies, and programming to support successful reentry and 
reintegration, including improved access to criminal justice data for 
research and evaluation purposes;

(iii) promote regional partnerships among Federal agencies and with State, 
tribal, and local governments and organizations to advance local reentry 
and reintegration efforts;

(iv) identify ways to improve the accuracy of records of arrest, criminal 
adjudication, or conviction (criminal records); and

(v) identify and address unwarranted barriers to successful reentry.

                    (e) The Reentry Council shall engage with Federal, 
                State, local, and tribal officials, including 
                corrections officials, as necessary to carry out its 
                objectives. The Reentry Council shall engage with 
                nongovernmental organizations, including those 
                representing or composed of formerly incarcerated 
                individuals, exonerees, victims, and criminal justice 
                agencies, to ensure that these stakeholders have the 
                opportunity to offer recommendations and information to 
                the Reentry Council.
                    (f) The Attorney General shall designate an 
                Executive Director, who is a full-time officer or 
                employee of the Federal Government, to coordinate the 
                day-to-day functions of the Reentry Council.
                    (g) The Co-Chairs shall convene a meeting of the 
                Reentry Council at least once per year.

[[Page 26995]]

                Sec. 2. Reducing Barriers to Employment. (a) Agencies 
                making suitability determinations for Federal 
                employment shall review their procedures for evaluating 
                an applicant's criminal records to ensure compliance 
                with 5 CFR part 731 and any related, binding guidance 
                issued by the Office of Personnel Management, with the 
                aim of evaluating each individual's character and 
                conduct.

                    (b) Consistent with applicable law and the need to 
                protect public safety, agencies with statutory 
                authority to grant or deny occupational licenses and 
                the discretion to define the criteria by which such 
                licensing decisions are made shall undertake to revise 
                their procedures to provide that such licenses are not 
                denied presumptively by reason of an applicant's 
                criminal record in the absence of a specific 
                determination that denial of the license is warranted 
                in light of all relevant facts and circumstances known 
                to the agency, including:

(i) the nature and seriousness of the conduct resulting in the criminal 
record, including the circumstances surrounding the conduct and 
contributing societal conditions and the age of the individual at the time 
of the conduct;

(ii) the time that has passed since the individual's arrest, adjudication, 
or conviction, or the completion of the individual's sentence, and the 
absence or presence of rehabilitation efforts; and

(iii) the nature of the occupation requiring a license, including whether 
the criminal record is directly related to the occupation, whether the 
occupation offers the opportunity for the same or a similar offense to 
occur, and whether circumstances leading to the conviction will recur in 
the occupation.

                    (c) Independent agencies are encouraged to comply 
                with the requirements of this section.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department, agency, 
entity, office, 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 memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

[[Page 26996]]

                    (c) This memorandum 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.

                Sec. 4. Publication. The Attorney General is hereby 
                authorized and directed to publish this memorandum in 
                the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 29, 2016

[FR Doc. 2016-10662
Filed 5-3-16; 11:15 am]
Billing code 4410-19-P