结论

1 See James Madison, writing as “Publius,” in The Federalist No. 51, "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments."

(February 8, 1788), available at

https://www.ourdocuments.gov/doc.php?flash=true&doc=10&page=transcript.

2 See Jeffrey S. Sutton, 51 Imperfect Solutions: States and the Making of American Constitutional Law (Oxford University Press, 2018).

3 U.S. Constitution, Amendments IX and X (1791), available at https://www.archives.gov/founding-docs/constitution-transcript.

4 See Madison, writing as “Publius,” The Federalist No. 51.

5 This report addresses recommendations even where they do not necessarily reflect U.S. international human rights obligations. Some recommendations urge us to achieve an ideal, some express a different view of human flourishing than we hold, and others request actions not entirely within the power of our federal government. We have supported recommendations when we share the ideals on which they are based, and when we are making serious efforts to achieve their goals and intend to continue to do so. We have also supported recommendations regarding actions we are already taking or have taken and continue taking, as they support our own efforts to address difficult issues. The Executive Branch of the United States Government has no authority under the United States

Constitution to make commitments regarding the outcomes of state or federal judicial proceedings, or of the legislative process in Congress or the State legislatures. Where recommendations we supported in whole or in part rested upon inaccurate assumptions, assertions, or factual predicates, we

respectfully noted the inaccuracies, looked past the rhetoric of the recommendation and focused on the proposed action or objective.

6 The United States Constitution provides that “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary

notwithstanding.” U.S. Constitution, Art. VI, available at https://www.archives.gov/founding-docs/constitution-transcript.

7 Those treaties are: the International Covenant on Civil and Political Rights (ICCPR); the International Convention on the Elimination of All Forms of Racial Discrimination (CERD); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and two optional protocols to the Convention on the Rights of the Child (CRC). President Obama submitted The Convention on the Rights of Persons with Disabilities to the Senate on May 17, 2012; President Clinton submitted ILO Convention (No. 111) to the Senate on May 18, 1998; and President Carter submitted The Convention on the Elimination of All Forms of Discrimination against Women to the Senate on November 12,1980.

8 While neither the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, nor the Convention on Transnational Organized Crime are human rights instruments, both provide important structural protections for vulnerable persons and communities.

9 The United States has not signed other treaties referenced in the recommendations, including the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, and the International Convention for the Protection of All Persons from Enforced

Disappearance.

10 These recommendations propose that the United States create a “national human rights institution”

and various “national plans” to advance the cause of human rights. The United States rejects these suggestions because “planning” is no substitute for remedial action.

11 See, e.g., Equal Employment Opportunity Commission, Press Release “Fiscal Year 2019 Enforcement and Litigation Data” (January 24, 2020) at https://www.eeoc.gov/eeoc/newsroom/release/1-24-20.cfm (reporting detailed breakdowns for 72,675 charges of workplace discrimination).

12 On July 16, 2020, the Commission released a draft report of its work. See https://www.state.gov/draft-report-of-the-commission-on-unalienable-rights/. For further information about the Commission, including meeting minutes and video recordings of its public hearings, see

https://www.state.gov/commission-on-unalienable-rights.

13 https://www.whitehouse.gov/presidential-actions/executive-order-safe-policing-safe-communities/

14 See, e.g., 42 U.S.C. §1983, available at https://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap21-subchapI-sec1983.pdf (creating federal cause of action for violation of constitutional rights). Literally hundreds of reported cases in state and federal courts attest to the availability of a remedy should a person claim to be a victim of either racial profiling or the use of excessive force; see also 18 U.S.C. §§ 242 (criminal statute punishing willful deprivation of rights by someone acting under color of law) and 241 (criminal statute punishing conspiracies to deprive individuals of constitutional or federally protected rights, including conspiracies by persons acting under color of law), available at

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap13.pdf

15 See, e.g., U.S. Department of Justice, Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, or Gender Identity (December 2014) at https://www.justice.gov/sites/default/files/ag/pages/attachments/2014/12/08/use-of-race-policy.pdf

16 Arkansas Code § 12-12-1401 (2020) (“As used in this subchapter, ‘racial profiling’ means the practice of a law enforcement officer's relying to any degree on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity.”).

17 See http://dhsconnect.dhs.gov/offices/CRCL

18 See, e.g., 42 U.S.C. §1983, available at https://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap21-subchapI-sec1983.pdf (creating federal cause of action for violation of constitutional rights) and literally hundreds of reported cases in state and federal courts attest to the availability of a remedy should a person claim to be a victim of either racial profiling or the use of excessive force.

19 The Department website also features a video on this topic; see

https://travel.state.gov/content/travel/en/consularnotification/consular-notification-streaming-video.html. Pocket cards are also provided to law enforcement officers, and State Department experts travel throughout the United States to provide training concerning consular notification and access to federal, state, and local law enforcement, corrections and criminal justice officials.

20 See, e.g., Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., available at

https://www.govinfo.gov/app/details/USCODE-2011-title15/USCODE-2011-title15-chap41-subchapIV-sec1691

21 See, e.g., Connecticut General Statutes §§53a-179a (making inciting injury to person or property a Class C felony); Nevada Revised Statutes § 203.040 (“Publishing matter inciting breach of peace or other crime”).

22 See 18 U.S.C. §1875 (forbidding interstate “communication containing any threat” to injure the person, property or reputation of another). See also, e.g., California Penal Code §422 (threat to commit a crime).

23 See, e.g., Indiana Code §35-45-2-1 (defining “intimidation” as a felony); Massachusetts Statutes

§43A (criminal harassment).

24 See, e.g., 18 U.S.C. §249 (“Hate crime acts”), available at

https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap13-sec249.pdf; California Penal Code §422.86 (“Sentencing Goals”); § N.Y. Penal Law §§

485.05 (Hate Crimes).

25 See U.S. Department of Justice, “Hate Crimes Examples” at:

https://www.justice.gov/hatecrimes/hate-crimes-case-examples (accessed April 16, 2020). Since January 2017, DOJ has indicted more than 65 defendants alleged to have been involved in committing hate crimes and has obtained convictions of more than 50 defendants involved in committing hate crimes.

26 State and federal laws against discrimination apply in many contexts: employment, housing, credit, access to public places and facilities and to public accommodations, access to healthcare and equal educational opportunities, and access to programs that receive federal assistance.

27 Other agencies include the Department of Labor (DOL), the Department of Housing and Urban Development (HUD), the Equal Employment Opportunity Commission (EEOC), the Department of Health and Human Services (HHS), the Department of Education (ED), and the Department of Homeland Security (DHS).

28 Executive Order 13798 (May 4, 2017), available at https://www.whitehouse.gov/presidential-actions/presidential-executive-order-promoting-free-speech-religious-liberty/

29 See https://www.justice.gov/opa/press-release/file/1001891/download

30 For example, DOJ has supported students declared ineligible for scholarships because they attend religious schools and a baker’s right to operate his business in accordance with his religious beliefs, and a Native American group’s right to conduct religious ceremonies on its ancestral land. DOJ’s Place to Worship Initiative, launched on June 13, 2018, has increased enforcement of a federal law that protects places of worship and other religious uses of property from unjustifiable burdens and discrimination by local governments. For more, see https://www.justice.gov/crt/place-worship-initiative and https://www.justice.gov/opa/pr/justice-department-celebrates-strong-support-religious-freedom-one-year-mark-place-worship

31 Recent cases recognizing protections against religious discrimination include Holt v. Hobbs, (574 U.S. 353 (2015), which struck down a prison policy prohibiting inmates from growing beards in accordance with religious beliefs; and EEOC v. Abercrombie & Fitch Stores, 575 U.S. 768 (2015), which held that a plaintiff need not prove that an employer had actual knowledge of the plaintiff’s need for a religious accommodation.

32 See https://www.whitehouse.gov/presidential-actions/executive-order-advancing-international-religious-freedom/

33 See https://share.america.gov/u-s-launches-international-religious-freedom-alliance/

34 18 U.S.C. §794, available at https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap37-sec794.pdf

35 See, e.g., 28 C.F.R. §§ 1.1-1.10 at https://ecfr.io/Title-28/pt28.1.1 (federal); Texas Board of Pardons and Paroles at https://www.tdcj.texas.gov/bpp/exec_clem/exec_clem.html

36 The Nebraska State Legislature voted to abolish the death penalty in 2015, but it was reinstated in a statewide vote of the people in November 2016. See Revised Official Report of the Board of State, p.

60 at https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/elections/2016/2016-canvass-book.pdf

37 In July 2019, the U.S. Attorney General directed the Federal Bureau of Prisons to resume federal executions. See https://www.justice`.gov/opa/pr/federal-government-resume-capital-punishment-after-nearly-two-decade-lapse. On April 7, 2020, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit rejected the prisoners’ claim that the Attorney General’s order violated the federal Death Penalty Act, 18 U.S.C. § 3596(a), and on June 29, 2020, the Supreme Court of the United States declined to hear their appeal.

38 Formerly known as the Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act.

39 The Act includes reforms of the federal prison system to better promote reentry for federal prisoners;

changes to mandatory minimum sentences for certain drug offenses; retroactive application of the Fair Sentencing Act of 2010; and expanded authority for courts to sentence low-level, nonviolent drug offenders to less than the mandatory minimum that would otherwise apply. For more, see https://www.bop.gov/inmates/fsa/overview.jsp

40 President Donald J. Trump’s State of the Union Address (Feb. 5, 2019), available at

https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-state-union-address-2/.

One example of efforts to aid reentry is the Department of Education’s Second Chance Pell Experimental Sites Initiative, which provides need-based Pell grant financial aid to individuals in state and federal prisons. By 2018-2019, more than 10,000 students had received Federal Pell Grant funds from educational institutions participating in this initiative. In 2020, ED more than doubled the size of the project by inviting 67 new educational institutions to participate in a second cohort under the experiment. There are now Second Chance Pell sites in more 40 states. For further information, see

https://www.ed.gov/news/press-releases/secretary-devos-expands-second-chance-pell- experiment-more-doubling-opportunities-incarcerated-students-gain-job-skills-and-earn-postsecondary-credentials.

41 See https://www.justice.gov/opa/pr/justice-department-alleges-conditions-alabama-mens-prisons-violate-constitution and https://www.justice.gov/opa/press-release/file/1150276/download. As of December 2019, DOJ had 12 open investigations of adult jails and prisons, and was enforcing 12 agreements with state and local governments concerning adult jails and prisons.

42 https://www.justice.gov/opa/pr/justice-department-alleges-excessive-force-alabama-s-prisons-men-violates-constitution

43 See District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. City of Chicago, 561 U.S. 742 (2010).

44 See https://www.justice.gov/psn

45 See https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan

46 See United States Strategy on Women, Peace and Security at https://www.whitehouse.gov/wp-content/uploads/2019/06/WPS-Strategy-FINAL-PDF-6.11.19.pdf

47 See https://www.congress.gov/115/plaws/publ68/PLAW-115publ68.pdf

48 In FY 2019, OVW awarded over $15 million to 50 institutions of higher education through grant awards.

49 See https://www.hud.gov/program_offices/housing/mfh/violence_against_women_act

50 This order strengthens the federal government’s efforts to prosecute traffickers and protect victims of human trafficking through several measures, such as establishing an internal working group at HHS to identify more housing for survivors. It also directs the Attorney General, in collaboration with DOL and DHS, to improve interagency coordination with respect to targeting traffickers, determining threat assessments, and sharing law enforcement intelligence and coordinate activities, as appropriate, with the Task Force on Missing and Murdered American Indians and Alaska Natives. For more, see https://www.whitehouse.gov/presidential-actions/executive-order-combating-human-trafficking-online-child-exploitation-united-states/

51 See Trafficking in Persons Report, 20^th Edition, U.S. Department of State (June 2020) at 520, available at https://www.state.gov/trafficking-in-persons-report-2020/. DOJ’s National Institute of Justice made $2.3 million in research grant awards that seek to (1) improve identification, prevalence estimation, and earlier intervention for trafficking victims; (2) assess innovative anti-trafficking and trafficking victims’ services programs; (3) understand child labor trafficking; and (4) understanding how traffickers are groomed.

52 For FY 2019, ICE/HSI’s Child Exploitation Investigations Unit reported the identification and/or rescue of 1,069 child victims and initiated 4,474 child exploitation cases, resulting in 3,957 criminal arrests, 2,332 indictments, and 1,796 convictions.

53 See Trafficking in Persons Report, 20^th Edition, U.S. Department of State (June 2020), available at https://www.state.gov/trafficking-in-persons-report-2020/

54 https://www.dhs.gov/blue-campaign/blue-lightning-initiative

55 See https://www.fletc.gov/

56 See https://www.fletc.gov/press-release/2020/01/23/fletc-human-trafficking-awareness-training-program-combats-human

57 See https://www.dol.gov/ilab/complychain/ and https://www.dol.gov/general/apps/ilab-comply-chain

58 See Trafficking in Persons Report, 20^th Edition, U.S. Department of State (June 2020), available at https://www.state.gov/trafficking-in-persons-report-2020/

59 See National Council of State Legislatures, “Federal and State Recognized Tribes”, at

https://www.ncsl.org/research/state-tribal-institute/list-of-federal-and-state-recognized-tribes.aspx (updated March 2020).

60 See Major Crimes Act, 18 U.S.C. §§ 1153, available at

https://www.govinfo.gov/app/details/USCODE-2011-title18/USCODE-2011-title18-partI-chap53-sec1153. See also generally U.S. Department of Justice, Major Crimes Act at

https://www.justice.gov/archives/jm/criminal-resource-manual-679-major-crimes-act-18-usc-1153;

Tribal Court Clearinghouse, General Guide to Criminal Jurisdiction in Indian Country at https://www.tribal-institute.org/lists/jurisdiction.htm

61 See https://www.federalregister.gov/documents/2019/05/09/2019-09761/missing-and-murdered-american-indians-and-alaska-natives-awareness-day-2019

62 See https://www.whitehouse.gov/presidential-actions/executive-order-establishing-task-force-missing-murdered-american-indians-alaska-natives/

63 See https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/fy19_coc

64 HUD also provides new scoring to incentivize local “Continuum of Care” consortiums seeking a share of $2.3 billion in homelessness assistance funding to work with local employment agencies and employers to prioritize training and employment opportunities. The competitions also reward grantees who demonstrate increased earned income among individuals served. HUD provides more than $37.9 million in rental assistance annually to help prevent low-income residents from becoming homeless.

65 U.S. Department of Veterans Affairs, Overarching Accomplishments, at https://www.va.gov/HOMELESS/accomplishments/accomplishments.asp

66 See https://www.federalregister.gov/documents/2018/03/12/2018-05113/federal-interagency-council-on-crime-prevention-and-improving-reentry

67 In 2016, HUD and DOJ launched an $8.7 million demonstration grant pilot program to expand permanent supportive housing models for the reentry population. DOJ’s OVW administers the Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (Transitional Housing Program), which supports projects that provide transitional housing with support services for victims who are homeless or in need of transitional housing due to domestic violence. DOJ also administers the Second Chance Act program, which funds state, local and tribal governments in their work to reduce recidivism for people returning from incarceration.

68 Four of the National Performance Measures now address maternal health and each state must select at least one of these measures to address with Title V funds.

69 See https://mchb.hrsa.gov/maternal-child-health-initiatives/home-visiting-overview

70 See https://www.acf.hhs.gov/ecd/home-visiting/tribal-home-visiting

71 Pub. L. 115-344, available at https://www.congress.gov/115/plaws/publ344/PLAW-115publ344.pdf

72 Data from 13 state Maternal Mortality Review Committees determined that each pregnancy- related death was associated with multiple contributing factors, including access to appropriate and high-quality care, missed or delayed diagnoses, and lack of knowledge among patients and providers around warning signs. Review Committee data also suggest the majority of deaths – 66% or more – could have been prevented by addressing these factors at multiple levels, and further the proportion that are preventable does not differ by race/ethnicity. Internationally, the CDC is involved in numerous projects to improve maternal and newborn health outcomes, largely through improved surveillance activities. A novel 5-year project, Saving Mothers Giving Life (SMGL) in Uganda and Zambia, has resulted in significant reductions in overall maternal mortality (41-44%) and perinatal mortality (13-36%). SMGL was designed within the U.S. Global Health Initiative to demonstrate that rapid public health gains in maternal and child care could be achieved through district health systems strengthening and a robust community and facility surveillance of maternal and perinatal deaths (MPDSR). A similar project, Reducing Maternal Mortality in Tanzania, which aimed to save women’s lives through improved emergency obstetric and neonatal care (EmONC) services in Western Tanzania, led to a 43% decline in maternal mortality and a 45% decline in perinatal mortality in health facilities between 2013–2018. MPDSR also led to improve quality of care of vulnerable populations. In Rohingya refugee camps in Bangladesh, MPDSR is currently implemented in all (34) camps, and information collected from maternal death reviews have been used by the MCH partners to improve emergency obstetric care, human resources capacity, and strengthen the referral communication systems within camps.

73 Public Law No. 114-95, available at https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf. See also https://www.ed.gov/essa?src=rn

74 Grants, scholarships, internships and other types of educational assistance are available for American Indian students at all levels of education from the Bureau of Indian Affairs, Bureau of Indian Education, the Indian Health Service, and other governmental and non-governmental entities. In 2018, HHS, Interior, and ED revised and re-signed a Memorandum of Agreement through which they collaborate on programs and projects involving instruction in and preservation of Native American languages.

75 See Plyler v. Doe, 457 U.S. 202 (1982).

76 Available at

https://www2.ed.gov/policy/elsec/leg/essa/essaguidetoschoolclimate041019.pdf?utm_content=&utm_

medium=

77 Proclamation on National Sanctity of Human Life Day, 2020 at

https://www.whitehouse.gov/presidential-actions/proclamation-national-sanctity-human-life-day-2020/

78 The U.S. policy, “Protecting Life in Global Health Assistance” (PLGHP) implemented the President’s directive that no U.S. global health funds will be provided to foreign NGOs that perform or actively promote abortion as a method of family planning.

78 The U.S. policy, “Protecting Life in Global Health Assistance” (PLGHP) implemented the President’s directive that no U.S. global health funds will be provided to foreign NGOs that perform or actively promote abortion as a method of family planning.