Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, 64337-64341 [2021-25287]

Agencies

• Executive Office of the President

[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. 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.

                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

[[Page 64338]]

                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.

                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. 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.

                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]]

(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.

                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.
                    (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. 
                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. (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. 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. 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. 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.

[[Page 64341]]

                    (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]
Billing code 3395-F2-P