Presidential DocumentExecutive Order 140532021-25287
Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People
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Published
November 18, 2021
Signed
November 15, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
November 15, 2021.
[FR Doc. 2021-25287
Filed 11-17-21; 8:45 am]
Billing code 3395-F2-P
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</html>Indexed from Federal Register on November 18, 2021.
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