Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People

[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]

[Presidential Documents]

[Pages 64337-64341]

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

[FR Doc No: 2021-25287]

Presidential Documents

Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 /

Presidential Documents

[[Page 64337]]

Executive Order 14053 of November 15, 2021

Improving Public Safety and Criminal Justice for

Native Americans and Addressing the Crisis of Missing

or Murdered Indigenous People

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, I hereby order as follows:

Section 1. Policy. The safety and well-being of all

Native Americans is a top priority for my

Administration. My Administration will work hand in

hand with Tribal Nations and Tribal partners to build

safe and healthy Tribal communities and to support

comprehensive law enforcement, prevention,

intervention, and support services.

Generations of Native Americans have experienced

violence or mourned a missing or murdered family member

or loved one, and the lasting impacts of such tragedies

are felt throughout the country. Native Americans face

unacceptably high levels of violence, and are victims

of violent crime at a rate much higher than the

national average. Native American women, in particular,

are disproportionately the victims of sexual and

gender-based violence, including intimate partner

homicide

e country. Native Americans face

unacceptably high levels of violence, and are victims

of violent crime at a rate much higher than the

national average. Native American women, in particular,

are disproportionately the victims of sexual and

gender-based violence, including intimate partner

homicide. Research shows that approximately half of

Native American women have experienced sexual violence

and that approximately half have experienced physical

violence by an intimate partner. LGBTQ+ Native

Americans and people who identify as ``Two-Spirit''

people within Tribal communities are also often the

targets of violence. And the vast majority of Native

American survivors report being victimized by a non-

Native American individual.

For far too long, justice has been elusive for many

Native American victims, survivors, and families.

Criminal jurisdiction complexities and resource

constraints have left many injustices unaddressed. Some

progress has been made, particularly on Tribal lands.

Given that approximately 70 percent of American Indian

and Alaska Natives live in urban areas and part of this

epidemic of violence is against Native American people

in urban areas, we must continue that work on Tribal

lands but also build on existing strategies to identify

solutions directed toward the particular needs of urban

Native Americans.

dian

and Alaska Natives live in urban areas and part of this

epidemic of violence is against Native American people

in urban areas, we must continue that work on Tribal

lands but also build on existing strategies to identify

solutions directed toward the particular needs of urban

Native Americans.

In 2020, bipartisan members of the 116th Congress took

an important step forward through the passage of two

pieces of legislation--Savanna's Act and the Not

Invisible Act of 2019--that include important

provisions for improving law enforcement and justice

protocols as well as improving access to data to

address missing or murdered indigenous people. My

Administration is committed to fully implementing these

laws and working with the Congress to fund these

programs for Native Americans. Earlier this year, the

Secretary of the Interior and the Attorney General

announced a Joint Commission, established pursuant to

the Not Invisible Act, that includes: representatives

of Tribal, State, and local law enforcement; Tribal

judges; Native American survivors of human trafficking;

health care and mental health practitioners who have

experience working with Native American survivors of

human trafficking and sexual assault; Urban Indian

Organizations focused on violence against women and

children; and family members of missing or murdered

indigenous people. The Commission will work to address

the persistent violence endured by Native American

families and communities across the country. In

addition, the Department of the Interior

Organizations focused on violence against women and

children; and family members of missing or murdered

indigenous people. The Commission will work to address

the persistent violence endured by Native American

families and communities across the country. In

addition, the Department of the Interior

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has established a special unit to focus resources on

active and unsolved missing persons cases.

But more work is needed to address the crisis of

ongoing violence against Native Americans--and of

missing or murdered indigenous people. Previous

executive action has not achieved changes sufficient to

reverse the epidemic of missing or murdered indigenous

people and violence against Native Americans. The

Federal Government must prioritize addressing this

issue and its underlying causes, commit the resources

needed to tackle the high rates of violent crime that

Native Americans experience over the long term,

coordinate and provide resources to collect and analyze

data, and work closely with Tribal leaders and

community members, Urban Indian Organizations, and

other interested parties to support prevention and

intervention efforts that will make a meaningful and

lasting difference on the ground.

term,

coordinate and provide resources to collect and analyze

data, and work closely with Tribal leaders and

community members, Urban Indian Organizations, and

other interested parties to support prevention and

intervention efforts that will make a meaningful and

lasting difference on the ground.

It is the policy of my Administration to work directly

with Tribal Nations to strengthen public safety and

criminal justice in Indian Country and beyond, to

reduce violence against Native American people, and to

ensure swift and effective Federal action that responds

to the problem of missing or murdered indigenous

people. My Administration understands that Native

American people, particularly the survivors of

violence, know best what their communities need to make

them safer. Consistent engagement, commitment, and

collaboration will drive long-term improvement to

public safety for all Native Americans.

Sec. 2. Coordination of a Federal Law Enforcement

Strategy to Prevent and Respond to Violence Against

Native Americans. The Attorney General, working with

the Secretary of the Interior and the heads of other

executive departments and agencies (agencies) as

appropriate, shall assess and build on existing efforts

to develop a coordinated and comprehensive Federal law

enforcement strategy to prevent and respond to violence

against Native Americans, including to address missing

or murdered indigenous people where the Federal

Government has jurisdiction

appropriate, shall assess and build on existing efforts

to develop a coordinated and comprehensive Federal law

enforcement strategy to prevent and respond to violence

against Native Americans, including to address missing

or murdered indigenous people where the Federal

Government has jurisdiction. The strategy shall set out

a plan to address unsolved cases involving Native

Americans; provide for coordination among the

Department of Justice, the Department of the Interior,

and the Department of Homeland Security in their

efforts to end human trafficking; seek to strengthen

and expand Native American participation in the Amber

Alert in Indian Country initiative; and build on and

enhance national training programs for Federal agents

and prosecutors, including those related to trauma-

informed and victim-centered interview and

investigation techniques. The strategy shall also

include protocols for effective, consistent, and

culturally and linguistically appropriate communication

with families of victims and their advocates, including

through the creation of a designated position within

the Department of Justice assigned the function of

serving as the outreach services liaison for criminal

cases where the Federal Government has jurisdiction.

The Attorney General and the Secretary of the Interior

shall report to the President within 240 days of the

date of this order describing the strategy developed

and identifying additional resources or other support

necessary to implement that strategy.

cases where the Federal Government has jurisdiction.

The Attorney General and the Secretary of the Interior

shall report to the President within 240 days of the

date of this order describing the strategy developed

and identifying additional resources or other support

necessary to implement that strategy.

Sec. 3. Supporting Tribal and Other Non-Federal Law

Enforcement Efforts to Prevent and Respond to Violence

Against Native Americans. (a) The Attorney General and

the Secretary of the Interior, working with the heads

of other agencies as appropriate, shall develop

guidance, identify leading practices, and provide

training and technical assistance, consistent with

applicable law and available appropriations, to:

(i) assist Tribal governments in implementing special domestic violence

criminal jurisdiction pursuant to the Violence Against Women

Reauthorization Act of 2013, enabling them to prosecute certain non-Indian

defendants for domestic violence and dating violence offenses in Indian

Country, and also assist Tribes in implementing any relevant Tribal

provisions in subsequent Violence Against Women Act reauthorization

legislation;

(ii) assist Tribal governments within Oklahoma, consistent with the United

States Supreme Court's decision in McGirt v. Oklahoma, 140 S. Ct. 2452

[[Page 64339]]

non-Indian

defendants for domestic violence and dating violence offenses in Indian

Country, and also assist Tribes in implementing any relevant Tribal

provisions in subsequent Violence Against Women Act reauthorization

legislation;

(ii) assist Tribal governments within Oklahoma, consistent with the United

States Supreme Court's decision in McGirt v. Oklahoma, 140 S. Ct. 2452

[[Page 64339]]

(2020), to build capacity to handle cases within their criminal

jurisdiction, including the capacity to provide victim services;

(iii) promote coordination of Federal, State, local, and Tribal law

enforcement, including, as appropriate, through the development and support

of Tribal Community Response Plans;

(iv) continue to assist Tribal law enforcement and judicial personnel with

training, as described in 25 U.S.C. 2451, on the investigation and

prosecution of offenses related to illegal narcotics and on alcohol and

substance abuse prevention and treatment; and

(v) assist Tribal, State, and local law enforcement entities' ability to

apply linguistically appropriate, trauma-informed, and victim-centered

practices when working with victims of crime, and to develop prevention

strategies and recognize the indicators of human trafficking affecting

Native Americans.

(b) The Attorney General and the Secretary of the

Interior shall continue to assess their respective

grantmaking operations to evaluate whether any changes,

consistent with applicable law, are warranted to make

that grantmaking more equitable for Tribal applicants

seeking support for law enforcement purposes and for

the provision of services to victims and survivors.

rior shall continue to assess their respective

grantmaking operations to evaluate whether any changes,

consistent with applicable law, are warranted to make

that grantmaking more equitable for Tribal applicants

seeking support for law enforcement purposes and for

the provision of services to victims and survivors.

Sec. 4. Improving Data Collection, Analysis, and

Information Sharing. (a) The Attorney General, in

coordination with the Secretary of the Interior and the

Secretary of Health and Human Services (HHS), as

appropriate, shall sustain efforts to improve data

collection and information-sharing practices, conduct

outreach and training, and promote accurate and timely

access to information services regarding crimes or

threats against Native Americans, including in urban

areas, such as through the National Crime Information

Center, the Next Generation Identification system, and

the National Violent Death Reporting System, as

appropriate and consistent with applicable law.

(b) The Attorney General shall take steps,

consistent with applicable law, to expand the number of

Tribes participating in the Tribal Access Program for

National Crime Information, which provides Tribes

access to national crime information systems for

federally authorized purposes.

icable law.

(b) The Attorney General shall take steps,

consistent with applicable law, to expand the number of

Tribes participating in the Tribal Access Program for

National Crime Information, which provides Tribes

access to national crime information systems for

federally authorized purposes.

(c) The Attorney General, in coordination with the

Secretary of the Interior and the Secretary of HHS,

shall develop a strategy for ongoing analysis of data

collected on violent crime and missing persons

involving Native Americans, including in urban Indian

communities, to better understand the extent and causes

of this crisis. Within 240 days of the date of this

order, the Attorney General, the Secretary of the

Interior, and the Secretary of HHS shall report jointly

to the President on the strategy they have developed to

conduct and coordinate that analysis and shall identify

additional resources or other support necessary to

implement that strategy.

(d) The Attorney General shall assess the current

use of DNA testing and DNA database services to

identify missing or murdered indigenous people and any

responsible parties, including the unidentified human

remains, missing persons, and relatives of missing

persons indices of the Combined DNA Index System and

the National Missing and Unidentified Persons System

use of DNA testing and DNA database services to

identify missing or murdered indigenous people and any

responsible parties, including the unidentified human

remains, missing persons, and relatives of missing

persons indices of the Combined DNA Index System and

the National Missing and Unidentified Persons System.

Within 240 days of the date of this order, the Attorney

General shall report the outcome of this assessment to

the President, along with recommendations to improve

the use and accessibility of DNA database services.

(e) The Secretary of HHS shall evaluate the

adequacy of research and data collection efforts at the

Centers for Disease Control and Prevention and the

National Institutes of Health in accurately measuring

the prevalence and effects of violence against Native

Americans, especially those living in urban areas, and

report to the President within 180 days of the date of

this order on those findings and any planned changes to

improve those research and data collection efforts.

[[Page 64340]]

Sec. 5. Strengthening Prevention, Early Intervention,

and Victim and Survivor Services

cans, especially those living in urban areas, and

report to the President within 180 days of the date of

this order on those findings and any planned changes to

improve those research and data collection efforts.

[[Page 64340]]

Sec. 5. Strengthening Prevention, Early Intervention,

and Victim and Survivor Services. (a) The Secretary of

HHS, in consultation with the Secretary of the Interior

and Tribal Nations and after conferring with other

agencies, researchers, and community-based

organizations supporting indigenous wellbeing,

including Urban Indian Organizations, as appropriate,

shall develop a comprehensive plan to support

prevention efforts that reduce risk factors for

victimization of Native Americans and increase

protective factors, including by enhancing the delivery

of services for Native American victims and survivors,

as well as their families and advocates. The

comprehensive plan shall, to the extent possible, build

on the existing evidence base. The plan shall include

strategies for improving mental and behavioral health;

providing substance abuse services; providing family

support, including high-quality early childhood

programs for victims and survivors with young children;

and preventing elder abuse, gender-based violence, and

human trafficking

shall include

strategies for improving mental and behavioral health;

providing substance abuse services; providing family

support, including high-quality early childhood

programs for victims and survivors with young children;

and preventing elder abuse, gender-based violence, and

human trafficking. In addition, the plan shall also

include community-based strategies that improve

community cohesion and cultural connectivity and

preservation, educational programs to increase

empowerment and self-advocacy, and strategies to

encourage culturally and linguistically appropriate,

trauma-informed, and victim-centered service delivery

to Native Americans, including for survivors of gender-

based violence. The Secretary of HHS shall report to

the President within 240 days of the date of this order

describing the plan and actions taken and identifying

any additional resources or other support needed.

(b) The Secretary of HHS and the Secretary of the

Interior shall review procedures within their

respective departments for reporting child abuse and

neglect, including barriers to reporting, and shall

take appropriate action to make reporting of child

abuse and neglect by the Indian Health Service easier

and more streamlined

the Secretary of the

Interior shall review procedures within their

respective departments for reporting child abuse and

neglect, including barriers to reporting, and shall

take appropriate action to make reporting of child

abuse and neglect by the Indian Health Service easier

and more streamlined. In addition, the Secretaries

shall assess and identify ways to expand Native

American access to child advocacy center services such

as pediatric medical forensic examination services,

mental health care providers with advanced training in

child trauma, and culturally and linguistically

appropriate activities and services geared toward

pediatric patients. The Secretaries shall report to the

President within 180 days of the date of this order

describing actions taken, findings from the assessment,

and planned actions to expand access, and identifying

any additional resources or other support needed.

(c) The Secretary of the Interior, consulting with

the Attorney General and the Secretary of HHS, as

appropriate, shall evaluate the effectiveness of

existing technical assistance and judicial support

services for Tribes to provide community-based conflict

resolution, as well as culturally and linguistically

appropriate, trauma-informed, and victim-centered

strategies, including traditional healing services and

healing courts, and shall identify and make

improvements as needed

judicial support

services for Tribes to provide community-based conflict

resolution, as well as culturally and linguistically

appropriate, trauma-informed, and victim-centered

strategies, including traditional healing services and

healing courts, and shall identify and make

improvements as needed. The Secretary of the Interior

shall report to the President within 180 days of the

date of this order describing the evaluation findings

and the improvements implemented.

Sec. 6. Consultation and Engagement. In accordance with

the Presidential Memorandum of January 26, 2021 (Tribal

Consultation and Strengthening Nation-to-Nation

Relationships), the Departments of Justice, the

Interior, HHS, Energy, and Homeland Security shall

conduct timely consultations with Tribal Nations and

shall engage Native American communities to obtain

their comments and recommendations regarding

implementing sections 2 through 5 of this order. Tribal

consultation and engagement shall continue as the

strategies required by this order are implemented.

Sec. 7. Definitions. For the purposes of this order:

(a) ``Tribal Nation'' means an American Indian or

Alaska Native tribe, band, nation, pueblo, village, or

community that the Secretary of the Interior

acknowledges as a federally recognized tribe pursuant

to the Federally Recognized Indian Tribe List Act of

1994, 25 U.S.C. 5130, 5131.

(b) ``Native American'' and ``Native'' mean members

of one or more Tribal Nations.

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blo, village, or

community that the Secretary of the Interior

acknowledges as a federally recognized tribe pursuant

to the Federally Recognized Indian Tribe List Act of

1994, 25 U.S.C. 5130, 5131.

(b) ``Native American'' and ``Native'' mean members

of one or more Tribal Nations.

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(c) ``Urban Indian Organization'' means a nonprofit

corporate body situated in an urban center, governed by

an urban Indian controlled board of directors, and

providing for the maximum participation of all

interested Indian groups and individuals, which body is

capable of legally cooperating with other public and

private entities, pursuant to 25 U.S.C. 1603(29).

Sec. 8. 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.

(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,

November 15, 2021.

[FR Doc. 2021-25287

Filed 11-17-21; 8:45 am]

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