Section 4(c)(2)(C) Response of the Departments of Justice and the Interior to Not One More: Findings and Recommendations of the Not Invisible Act Commission

Section 4(c)(2)(C) Response

of the Departments of Justice

and the Interior to

Not One More: Findings and Recommendations

of the Not Invisible Act Commission

Pursuant to Public Law 116-166

March 2024

Contents

Letter from the Secretary of the Interior and the Attorney General to the

Not Invisible Act Commission....................................................................................................... 3

Introduction .................................................................................................................................. 5

Overarching Concepts ............................................................................................................... 8

1. Agency Collaboration to Address Violent Crime and Executive Order 14053 ...................... 8

2. Violent Crime, Missing Persons, and Human Trafficking in Native Communities .............. 10

3. Data Collection and Reporting .......................................................................................... 14

4. Jurisdictional Structure ...................................................................................................... 15

5. Supporting Survivors of Crime ........................................................................................... 20

6. Public Safety Resources ..................................................................................................... 23

Agency Responses to Recommendations ............................................................................... 24

Chapter 1: Law Enforcement & Investigative Resources ............................................................ 26

Chapter 2: Policies & Programs—Reporting/Collecting Data on MMIP and HT ......................... 74

Chapter 3: Recruitment & Retention of Tribal & BIA Law Enforcement ..................................... 94

Chapter 4: Coordinating Resources—Jurisdiction, Prosecution, Information Sharing ............ 118

Chapter 5: Victim and Family Resources and Services .............................................................. 153

Chapter 6: Other Necessary Legislative & Administrative Changes ......................................... 183

Chapter 7, Alaska: History, Issues, and Recommendations ...................................................... 212

Conclusion ................................................................................................................................ 222

Appendix A: Recommendations for Other Agencies and Branches of Government ............... 223

Appendix B: Acronyms ............................................................................................................. 227

Letter from the Secretary of the Interior and the Attorney General to the Not Invisible Act

Commission

Dear Members of the Not Invisible Act Commission:

In November 2023, the U.S. Departments of the Interior and Justice received Not One More:

Findings & Recommendations of the Not Invisible Act Commission, the Not Invisible Act

Commission’s (Commission) recommendations for how the federal government can further

prioritize the resolution of the missing or murdered Indigenous people and human trafficking

crisis (“MMIP and HT crisis” or collectively “crisis”) that continues to disproportionately impact

Tribal Nations today.

We take seriously the Commission’s recommendations and hope the enclosed response from our

Departments addresses the concerns identified in the report and highlights the MMIP and HT

priorities we continue to advance at our respective agencies. We agree that more must be done

across the federal government to resolve this longstanding crisis and to support healing from the

generational traumas that Indigenous peoples have endured throughout the history of the United

States.

We commend the Commission for the time, effort, and passion each member voluntarily

contributed to the success of this work. Many of you, if not all of you, have deeply personal

experiences enduring the hardships brought about by this crisis. We especially thank the

survivors and family members of the missing or murdered who served on the Commission. We

recognize the weight that receiving public testimony during your cross-country hearings must

have placed on your already heavy hearts. For that, we send our deepest gratitude to each of you

and your families, and we commend the unwavering strength you displayed to help your

communities and our country.

The Commission requests a “Decade of Action and Healing,” and a commitment to carry

forward the stories and memories of the victims, families, and survivors highlighted in the report

who would not have had a voice without your work. We understand the urgency to find

resolution to this crisis expressed throughout the report and remain committed to working with

Tribal communities to find solutions.

Introduction

The Not Invisible Act (P.L. 116-166) was enacted on October 10, 2020, to increase

intergovernmental coordination in identifying and combatting violent crime within Indian lands

and against American Indian and Alaska Native (AI/AN) people.

The Act was the first piece of

legislation in history introduced—and subsequently enacted—by a group of four members of

Congress who were each enrolled in federally recognized Tribes. The effort was led by then-

Congresswoman Deb Haaland (NM-01) during the 116th United States Congress.

This landmark legislation addresses the pervasive crisis of missing, murdered, and trafficked

Indigenous persons (MMIP and HT crisis, or crisis) by charging a cross-jurisdictional joint federal

advisory commission to specifically develop recommendations to increase intergovernmental

coordination to identify and combat violent crime within Indian lands and against Indians. With

this new law, Congress specifically highlighted that over 84% of Native American men and

women experience violence in their lifetimes, and nearly 40% of Native American women

experience sexual violence in their lifetimes. Congress found equally disturbing the fact that

murder is a leading cause of death for AI/AN women in the United States.

In particular, the Not Invisible Act directed the Secretary of the Interior, in coordination with

the Attorney General, to establish a joint advisory commission composed of federal officials and

non-federal members with “diverse experiences and backgrounds that provide balanced points

of view,” including: Tribal leaders, health and mental health care service providers, state and

local law enforcement, judges, national and regional Indian organizations, and most

importantly, the family members of missing or murdered individuals, and survivors of human

trafficking. On May 5, 2022, the Secretary of the Interior, Deb Haaland, and the Deputy

Attorney General, Lisa Monaco, announced the 41 members of the Not Invisible Act

Commission (Commission). The final composition of the Commission included officials from the

U.S. Department of the Interior (DOI) and the U.S. Department of Justice (DOJ), as well as other

federal agencies specified under the Act.

The Not Invisible Act defines “Indian” as “a member of an Indian tribe” and defines “Indian tribe” as “any Indian

tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or

village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688),

which is recognized as eligible for the special programs and services provided by the United States to Indians

because of their status as Indians.” See Pub. L. No. 116-166, § 2, 134 Stat. 766 (2020); see also 25 U.S.C. §§ 4302(7)

and 5304(e). This document also uses the term American Indian and Alaska Native (AI/AN), consistent with these

definitions.

As required under Section 4(c)(2)(C) of the Act, Congress tasked the Commission with

developing recommendations on actions the federal government can take to combat the

disproportionate rates of violent crime, cases of human trafficking (HT), and missing or

murdered cases that AI/ANs experience. In particular, the Act identified the following six areas

for the Commission to address in its recommendations:

(i) identifying, reporting, and responding to instances of missing persons, murder, and

human trafficking on Indian lands and of Indians;

(ii) legislative and administrative changes necessary to use programs, properties, or

other resources funded or operated by the Department of the Interior and

Department of Justice to combat the crisis of missing or murdered Indians and

human trafficking on Indian lands and of Indians;

(iii) tracking and reporting data on instances of missing persons, murder, and human

trafficking on Indian lands and of Indians;

(iv) addressing staff shortages and open positions within relevant law enforcement

agencies, including issues related to the hiring and retention of law enforcement

officers;

(v) coordinating Tribal, state, and federal resources to increase prosecution of murder

and human trafficking offenses on Indian lands and of Indians; and

(vi) increasing information sharing with tribal governments on violent crime

investigations and prosecutions in Indian lands that were terminated or declined.

The Commission adopted a report structure to address specific topics, which is reflected in the

organization of its final recommendations, as listed below:

• Chapter 1: Law Enforcement & Investigative Resources—Identifying/Responding to

Missing, Murdered, and Trafficked Persons

• Chapter 2: Policies & Programs—Reporting and Collecting Data on Missing, Murdered,

and Trafficked Persons

• Chapter 3: Recruitment & Retention of Tribal & Bureau of Indian Affairs Law

Enforcement

• Chapter 4: Coordinating Resources—Criminal Jurisdiction, Prosecution, Information

Sharing on Tribal-State-Federal Missing, Murdered, and Trafficked Persons

Investigations

• Chapter 5: Victim and Family Resources and Services

• Chapter 6: Other Necessary Legislative & Administrative Changes

• Chapter 7: Alaska History, Issues, and Recommendations

To help shape the Commission’s final recommendations, organized by the priority chapters

listed above, it held public hearings across the country between April and August 2023. The

Commission held public hearings in seven states and conducted associated site visits in Tribal

communities, in addition to hosting a two-day national virtual hearing, to gather public

testimony to shape its final recommendations. The hearings provided a forum for the public—

including public officials, law enforcement, subject-matter experts, state/Tribal/federal task

forces, advocates, survivors, families, Tribal leaders, and others—to offer testimony directly to

the Commission. In addition to conducting hearings, the Commissioners went on site visits near

each hearing location.

The following is a list of hearing locations and related site visits:

• Tulsa, Oklahoma: Site visits included the Osage Nation Law Building, the Muscogee

Nation Satellite Office, and the U.S. Attorney’s Office in Tulsa.

• Anchorage, Alaska: Site visits included trips to the Cape Fox Lodge in Ketchikan, the

Association of Village Council Presidents Family Services and Tundra Women’s Coalition

in Bethel, and the Chuloonawick Tribe and the Emmonak Women’s Shelter in Emmonak.

• Flagstaff, Arizona: Site visits included the Navajo Nation Judicial Complex and the Hopi

Tribal Courthouse.

• Minneapolis, Minnesota: Site visits included the Minnesota Indian Women’s Resource

Center, the Minnesota Indian Women’s Sexual Assault Coalition, and the Ain Dah Yung

Center.

• Blue Lake, California: Site visits included the Yurok Tribal Council chambers (Tribal

leaders roundtable), Hoopa Valley Tribal Council chambers, Hoopa Valley Domestic

Violence and MMIP Prevention Program Office, K’ima:w Medical Center, and the Hoopa

Valley Tribal Police Station.

• Albuquerque, New Mexico: Site visit included the Isleta Pueblo Tribal Court complex

and courtroom.

• Billings, Montana: Site visits included the Little Big Horn College in Crow Agency, Crow

Tribal courthouse, and the Northern Cheyenne Tribe Littlewolf Capitol Building.

• Nationwide (virtual two-day hearing)

Some survivors and family members of missing or murdered people drove more than four

hours to participate in several of these hearings. In total, the hearings resulted in the

accumulation of approximately 260 oral and written testimonies that helped shape the

Commission’s final recommendations and provided direct input from the public about the crisis.

The Commission heard staggering testimony from victims, survivors, family members,

advocates, law enforcement officers, and other individuals affected by violence in Indian

Country. Their testimony was incorporated into the Commission’s final report and

recommendations in order to center the report in the lived experiences of Native people,

especially survivors and families of those who’ve gone missing or been murdered.

On November 1, 2023, the Not Invisible Act Commission issued its final report, Not One More:

Findings & Recommendations of the Not Invisible Act Commission. This report was the

culmination of over a year’s worth of efforts, including national in-person and virtual hearings

with testimony from at least 260 witnesses, including survivors, family members, policy experts,

service providers, and law enforcement from state, federal, and Tribal levels. The Commission

provided recommendations to the United States to resolve problems that have devastated

AI/AN individuals and communities for generations.

This document, which addresses findings and recommendation aimed at DOI and DOJ

(collectively, the Departments), serves as the Departments’ joint written response to the

Commission’s recommendations, as required under Section 4(c)(2)(C) of the Not Invisible Act. It

acknowledges the important work undertaken by the Commission and provides detailed

responses to the findings and recommendations specifically directed at the Departments in the

Commission’s final report.

The Commission’s recommendations are organized into seven chapters that collectively address

the six areas identified under the Act, as well as Alaska-specific topics separately included by

the Commission under Chapter 7. This response document is structured to follow the

Commission’s chapters.

In addition to providing responses to specific recommendations, this federal response

document highlights broader concepts raised in the Commission’s final report that are ongoing

areas of focus for the Departments. The Departments appreciate the Commission’s work to

highlight these broader issues and challenges in addition to providing specific

recommendations. The following topics are high-level summaries addressing major concepts

addressed in the Commission’s findings and recommendations.

Overarching Concepts

1. Agency Collaboration to Address Violent Crime and Executive Order 14053

The Commission addressed the importance of coordination throughout the final report, and

subcommittees 1, 2, 4 and 5 particularly focused on the need to improve communication and

collaboration between DOI and DOJ. The Departments appreciate the focus on the importance

of coordination, which is one of the explicit goals of the Act. The Departments work in close

partnership on investigations, on prosecutions, in providing services to survivors and the

families of victims of or witnesses to crimes, and in developing policies and practices that

govern each Department’s daily work. Our partnership and the need to collaborate will

continue to be fundamental to the Departments’ work going forward.

Improving intergovernmental coordination has been a longstanding goal for both Departments.

As directed in Sections 2 and 4(d) of Executive Order 14053, Improving Public Safety and

Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered

Indigenous People, in July 2022, DOI and DOJ published a joint strategy

to prevent and

respond to violence against Native Americans, including to address missing or murdered

Indigenous persons (MMIP). The five-pillar strategy describes agency actions to improve

interagency coordination; strengthen investigations and prosecutions of Indian Country cases;

improve federal coordination with partners in other jurisdictions; enhance support for victims,

survivors, and families; and increase awareness of federal resources and information.

Importantly, the strategy underscores the agencies’ support for the work of the Not Invisible

Act Commission and a recognition that the Departments’ work going forward will be informed

by the findings and recommendations of the Commission.

Both Departments rely heavily on successful coordination to meet their missions. In fact, it is

essential for the Departments to coordinate not just with each other but also with the Tribes, as

well as federal, state, and local partners, to better address the public safety needs on Indian

lands. The Commission took care to address the need for improved coordination throughout

the report, and both Departments appreciate the Commission’s careful recommendations in

service of that aim.

2. Violent Crime, Missing Persons, and Human Trafficking in Native Communities

Each of the Commission’s subcommittees highlighted that AI/AN people face a

disproportionate risk of experiencing violence or murder or going missing, which is supported

Pursuant to Section 2 of Executive Order 14053, Improving Public Safety and Criminal Justice for Native

Americans and Addressing the Crisis of Missing or Murdered Indigenous People. Previously, DOJ, DOI, and the U.S.

Department of Health and Human Services collaborated on these issues through the Operation Lady Justice Task

Force, which sunset in November 2021. For a full summary of the Task Force’s activities and accomplishments, see

Final Report to the President: Activities and Accomplishments of Operation Lady Justice (April 25, 2022). The DOI

and DOJ joint strategy provides detailed background on the agencies’ research and findings on these issues.

Research and findings from the strategy document that are relevant to the issues addressed by the Commission

are included in this introductory section.

See DOI and DOJ, Federal Law Enforcement Strategy to Prevent and Respond to Violence Against American

Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons (July 2022), 3 and 32.

by currently available federal data. The Departments appreciate that understanding the root

causes and factors that contribute to these issues is crucial to identifying and developing

meaningful solutions.

The Commission’s final report also underscores that MMIP, HT, and

other public safety challenges for AI/AN communities are not uniform issues with a single cause

or solution.

As noted in the Commission’s report, the specific term “MMIP” encompasses two distinct

issues: Indigenous individuals who are reported missing and cases related to murdered persons.

These are often separate issues that require different responses. Developing long-term

solutions for each of these problems requires a strong understanding of their distinct

contributing causes and investigative challenges. Following are short overviews of the major

public safety challenges referenced in the Not Invisible Act that the Commission addressed.

Violent Crime

Research indicates that AI/AN persons experience crime victimization at higher rates than non-

AI/AN people and that violence is often involved in AI/AN victimization. According to the

Centers for Disease Control and Prevention’s (CDC) National Intimate Partner and Sexual

Violence Survey (NISVS) 2016/2017, non-Hispanic AI/AN women report lifetime sexual violence

prevalence estimates between 32% and 58.1%. For men, the range is between 8% and 29.2%.

Approximately 42% of non-Hispanic AI/AN women and 29% of non-Hispanic AI/AN men report

being stalked in their lifetime.

Murders/Homicides

In 2019, homicide was the sixth leading cause of death for AI/AN males and the seventh leading

cause of death for AI/AN females aged 1–54 years.

From 2003 to 2018, the rate of homicide

D.E. Satter et al., “American Indian and Alaska Native Knowledge and Public Health for the Primary Prevention of

Missing or Murdered Indigenous Persons,” Department of Justice Journal of Federal Law and Practice 69, no. 2

(2021): 149-188

R.W. Leemis et al, The National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate

Partner Violence (Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and

Prevention, 2022).

Andre B. Rosay, “Violence Against American Indian and Alaska Native Women and Men,” NIJ Journal 277 (2016):

38-45.

“Web-based Injury Statistics Query and Reporting System (WISQARS™),” Centers for Disease Control and

Prevention, https://www.cdc.gov/injury/wisqars/index.html

was three times higher for AI/AN men than for AI/AN women,

and the median age of AI/AN

homicide victims was 32 years old. Research reflects that AI/AN people—and AI/AN women in

particular—face a disproportionate risk of homicide compared to most other racial/ethnic

groups. For example, data from the National Vital Statistics System (NVSS) for 2018–2021 found

that the age-adjusted homicide rate for AI/AN adult women was 5.7 per 100,000—more than

double the national average and second only to non-Hispanic Black women (7.6 per 100,000).

Recent studies from the state of Alaska show an even more pronounced disparity: a survey of

homicides in Alaska from 1976 to 2016 found that 29% of homicide victims were AI/AN, even

though AI/AN persons represent only 16% of the state population.

Existing research establishes that intimate partner violence (IPV) is an important factor in the

rates of homicide in AI/AN communities, particularly for AI/AN women and girls. AI/AN people

experience high rates of IPV during their lifetime. About 58% of AI/AN women and 51% of

AI/AN men reported intimate partner violence in their lifetime (contact sexual violence,

physical violence, or stalking by an intimate partner).

Crimes of domestic and sexual violence

may escalate to homicides. Indeed, data collected by the NVDRS in 34 states and the District of

Columbia from 2003 to 2018 indicate that IPV contributed to nearly half (45%) of homicides

among AI/AN women and that rape or sexual assault occurred in almost one-third of all IPV-

related homicides precipitated by another serious crime.

The data are particularly stark for

Emiko Petrosky et al., “Homicides of American Indians/Alaska Natives—National Violent Death Reporting System,

United States, 2003-2018,” Morbidity and Mortality Weekly Report Surveillance Summaries 70, no. 8 (2021): 1-19.

This study presented findings from analyses conducted using the CDC’s National Violent Death Reporting System

(NVDRS), which collected and reviewed data on 2,226 AI/AN homicides in 34 states and the District of Columbia

during the period between 2003 and 2018.

Centers for Disease Control and Prevention, National Center for Health Statistics. National Vital Statistics System,

Mortality 2018-2021 on CDC WONDER Online Database, released in 2021. Data are from the Multiple Cause of

Death Files, 2018-2021, as compiled from data provided by the 57 vital statistics jurisdictions through the Vital

Statistics Cooperative Program. Accessed at http://wonder.cdc.gov/ucd-icd10-expanded.html

on February 2, 2024.

Andrew Gonzalez, Homicide in Alaska: 1976-2016 (Anchorage, AK: Alaska Justice Information Center, University

of Alaska Anchorage, May 2020).

R.W. Leemis et al, The National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate

Partner Violence (Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and

Prevention, 2022).

Petrosky, supra note 8.

Native women in Alaska. From 1976 to 2016, roughly 55% of the homicides of AI/AN women in

Alaska were perpetrated by a current or former intimate partner or a family member.

Missing Persons

Both DOI and DOJ have heard serious concerns from Tribal representatives and advocates

about the number of missing AI/AN persons, both reported and unreported. Each year,

thousands of AI/AN people of all ages are reported missing. And each year, existing data

indicate that the vast majority of missing persons reported to the National Crime Information

Center (NCIC)

are ultimately located.

As has been the case for years, the majority of the

AI/AN people reported missing are young people. DOJ’s Office of Justice Programs/Office of

Juvenile Justice and Delinquency Prevention (OJP/OJJDP), published a fact sheet in May 2023

on missing AI/AN people under the age of 21 that details several statistics and provides

information about how to interpret the numbers. Separate research suggests that certain

public safety challenges faced by many AI/AN communities—including disproportionate

violence against women, families, and children; substance abuse; drug trafficking; and labor

and sex trafficking—can influence the rates of missing AI/AN persons.

As the Commissioners

note in their analysis, under federal law, federal, state, and local law enforcement agencies

must submit incidents of missing persons under age 21 to the NCIC Missing Person File, but

Gonzalez, supra note 10.

The NCIC’s Missing Persons File is DOJ’s official law enforcement database for all missing persons. The National

Missing and Unidentified Persons System (NamUs), a national information clearinghouse and resource center for

missing, unidentified, and unclaimed person cases currently operated by DOJ’s National Institute of Justice, is

another federal database that collects information on missing AI/AN persons.

Petrosky, supra note 8. See also Lori McPherson and Sarah Blazucki, “’Statistics Are Human Beings with the Tears

Wiped Away’: Utilizing Data to Develop Strategies to Reduce the Number of Native Americans Who Go Missing,”

Seattle University Law Review 47, no. 1 (2023): 119-165.

These public safety precursors often stem from underlying public health or wellness concerns. In particular,

disproportionate rates of child abuse and foster care placement for AI/AN youth have led researchers to examine

the connections between involvement in the foster care system and the disappearance of AI/AN youth, including

evidence that AI/AN youth are more likely to run away from their placement setting than are youth from other

groups. See, e.g., Tara N. Richards et al., A Descriptive Analysis of Missing and

Murdered Native Women and

Children in Nebraska, Barriers to Reporting and Investigation, and Recommendations for Improving Access to

Justice, Tribal Researcher Partnership NIJ 2019-75-CX-0014 Special Report, (December 2021).

there is no such federal requirement for adults who go missing. Similar limitations exist with the

data from the National Missing and Unidentified Persons System (NamUs).

The Departments agree with the Commissioners that these limitations on data collection and

analysis inhibit our efforts to assess the scope of this crisis and track improvement as well as

specific areas of concern. Another concern to both DOI and DOJ is that data collection practices

can lead to racial misclassification (e.g., use of visual verification or name or surname), which

underestimates the number of AI/AN cases.

DOI and DOJ also note that several federal

databases do not specifically collect Tribal affiliation information about missing persons, and as

a result, Tribe-specific data is often difficult to identify when reviewing national-level data

about missing or murdered AI/AN people. While DOI and DOJ take a data-centric, research-

oriented approach to their analyses, the Departments are mindful that data should be viewed

with caution, as the Commission rightly points out in its report, because there continue to exist

significant impediments to collecting or acquiring accurate, reliable, and valid data on these

issues.

The agencies appreciate the Commission’s recommendations to address these

concerns and limitations.

Human Trafficking

Although the NamUs database is available to all local, Tribal, and state law enforcement agencies, medical

examiners, and coroner offices, it is not mandated—even for persons under age 21—except in certain states.

However, “Billy’s Law” (Pub. L. 117-327, 136 STAT. 4454 (Dec. 27, 2022)) expanded the federal missing person

reporting provisions to require that anyone under age 21 who is currently required to be reported to NCIC also

must be reported to NamUs. As discussed in the response section, DOJ is working to fulfill requirements under

Billy’s Law.

Michele Connolly et al., “Identification in a time of invisibility for American Indians and Alaska Natives in the

United States,” Statistical Journal of the IAOS 35, no. 1 (2019): 71-89; Malia Villegas et al., Disaggregating American

Indian & Alaska Native Data: A Review of Literature (Washington, DC: National Congress of American Indians, July

2016); M.A. Herne et al., “Homicide Among American Indians/Alaska Natives, 1999-2009: Implications for Public

Health Interventions,” Public Health Reports 131, no. 4 (2016): 597-604; Jenine Dankovchik et al., Disparities in life

expectancy of pacific northwest American Indians and Alaska natives: analysis of linkage-corrected life tables,

Public Health Reports 130, no. 1 (Jan-Feb 2015): 71-80; and Melissa A. Jim et al., “Racial misclassification of

American Indians and Alaska Natives by Indian Health Service Contract Health Service Delivery Area,” American

Journal of Public Health 104, Suppl 3 (June 2014): S295-302.

For a more detailed exploration of these statistics, see Andre B. Rosay, “National Survey Estimates of Violence

Against American Indian and Alaska Native People,” Department of Justice Journal of Federal Law and Practice 69,

no. 1 (January 2021), 91-102.

Many AI/AN people experience vulnerabilities—including poverty, homelessness, substance use

disorder, physical and/or sexual abuse, limited access to education or a history of being

expelled from schools, limited proficiency in English, and contacts with the foster care system—

which may place them at particular risk of exploitation through HT.

The federal government is committed to better understanding the factors that lead to HT,

particularly the relationship between HT and extractive industries (oil, natural gas, pipelines,

and mining) and MMIP. The U.S. Department of State has provided a short overview on the link

between extractive industries and the risk of sex trafficking, observing that this issue is

“increasingly…of grave concern among governments and advocates alike.” The United States

Advisory Council on Human Trafficking is also focused on trafficking in AI/AN communities, as

discussed in its Annual Report 2023.

3. Data Collection and Reporting

Several of the Commission’s subcommittees addressed limitations and concerns related to data

collection and reporting as well as information sharing and access to accurate data collections

to measure the MMIP and HT crisis. Subcommittee 2 identified these issues as primary areas of

focus and conducted a deep analysis of current data collection and the needs of Tribal

governments, organizations, and advocates. This issue was further addressed by the public

during the cross-country hearings in multiple states.

There is a complex framework of law and policy behind current data collection and repositories

as well as data collection practices across all jurisdictions. Importantly, in recognition of the

sovereign status of Tribes, information sharing across jurisdictions continues to be mostly

voluntary, which can sometimes complicate successful collection and reporting at the federal

level. Further, lack of reliable and affordable wireless connectivity in Indian Country and a

broad need for access to updated technological equipment further exacerbate this already

complicated issue.

Both DOI and DOJ, as well as other federal agencies, have been working to address data-related

issues and concerns for several years, especially, in the case of DOI, through its implementation

of Tribal self-determination contracts and compacts. Spurred by feedback from Tribes, Tribal

organizations, and advocates, as well as legislative mandates

and executive orders,

DOI and

DOJ have worked to identify shortfalls in federal data collections; better understand data-

related needs of Tribal agencies, Tribal organizations, and advocates; and identify and resolve

digital connectivity and lack of Tribes’ access to spectrum on Tribal lands.

As noted earlier, the Departments have identified several concerns in their work, including

appropriate access to federal data collections, information sharing between electronic

collection systems and data repositories, demographic misclassification, inconsistent practices

in collecting Tribal affiliation, and general underreporting of crime and victimization. These

challenges are compounded by unreliable or nonexistent wireless connectivity on Tribal lands,

and/or Tribes’ lack of unencumbered electromagnetic spectrum access on their lands. The

Departments are grateful to the Commission for its work to address data-specific issues, and for

the specific recommendations to improve both data relevancy and data access across

jurisdictions.

4. Jurisdictional Structure

DOI’s and DOJ’s responses to the recommendations are informed by, and must be understood

in the context of, existing jurisdictional schemes that impact Tribal communities and AI/AN

people. Which government entity bears primary responsible for public safety and the laws that

apply may vary in many respects based on the applicability of certain federal laws, the Indian

status of the offender or victim, and the location of the offense. Following is a jurisdictional

summary, including descriptions of some of the major laws that impact the way that DOI and

DOJ operate in Tribal communities.

Indian Country

The parameters of lands that are considered Indian Country for the purpose of this specific

jurisdictional scheme are delineated in 18 U.S.C. § 1151.

“Indian Country” is defined at 18 U.S.C. § 1151 as follows:

Except as otherwise provided in law or regulation … the term “Indian Country”… means

For example, Savanna’s Act mandated that DOJ consult on the relevance and accessibility of DOJ data

collections. Information about DOJ’s implementation may be found on the Tribal Justice and Safety website.

For example, Executive Order 14053 (Section 4(c)), supra note 2, required DOJ, DOI, and HHS to “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.” That strategy was

submitted to the White House in July 2022.

(a) All land within the limits of any Indian reservation under the jurisdiction of the

United States Government, notwithstanding the issuance of any patent, and

including rights-of-way running through the reservation,

(b) All dependent Indian communities within the borders of the United States whether

within the original or subsequently acquired territory thereof, and whether within or

without the limits of a state, and

rights-of-way running through the same.

Tribal Jurisdiction

Tribes have criminal jurisdiction over all criminal offenses committed by Indians within the

Indian Country of the Tribe and within Alaska Native Villages. This jurisdiction is concurrent to

federal and/or state jurisdiction. This jurisdiction further extends to nonmember Indians, not

just enrolled members of the Tribe asserting jurisdiction. See U.S. v. Lara, 541 U.S. 193 (2004);

25 U.S.C. § 1305(a). Significantly, the Violence Against Women Act (VAWA) Reauthorization of

2013, P.L. 113-4, allowed participating Tribes to exercise their inherent power to assert special

domestic violence criminal jurisdiction over defendants, including non-Indians, who commit

domestic violence or dating violence or violate certain protection orders in Indian Country. See

25 U.S.C. § 1304(b) (2014). This provision enabled Tribes to exercise criminal jurisdiction over

non-Indian offenders for the first time since the Supreme Court’s 1978 decision in Oliphant v.

Suquamish Indian Tribe, 435 U.S. 191 (1978). Oliphant held that, absent express Congressional

authorization, Tribes lack jurisdiction over all crimes committed by non-Indians. In the 2022

VAWA Reauthorization, Congress expanded the list of “covered crimes” for purposes of special

Tribal criminal jurisdiction of participating Tribes over non-Indian perpetrators by including

crimes of assault of Tribal justice personnel, child violence, sexual assault, stalking, obstruction

of justice, and sex trafficking. See P.L. No. 117- 103, div. W, § 804, 136 Stat. 840, 898-904.

Federal Jurisdiction

Federal criminal jurisdiction is both created and limited by federal law. Federal jurisdiction

applicable to Indian Country often depends on the Indian status of offenders and victims, the

type of crimes, the locations of crimes, and any superseding federal laws that may limit the

exercise of this authority in a particular jurisdiction.

Federal jurisdiction includes the crimes described in the General Crimes Act, 18 U.S.C. § 1152,

which extends the general criminal laws applicable in federal enclaves to Indian Country. That

Act provides, as relevant:

(a) Except as otherwise expressly provided by law, the general laws of the United States

as to the punishment of offenses committed in any place within the sole and

exclusive jurisdiction of the United States, except the District of Columbia, shall

extend to the Indian country.

(b) This section shall not extend to offenses committed by one Indian against the person

or property of another Indian, nor to any Indian committing any offense in the

Indian country who has been punished by the local law of the tribe, or to any case

where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may

be secured to the Indian tribes respectively.

Federal jurisdiction also extends to crimes listed in the Major Crimes Act, 18 U.S.C. § 1153,

which governs offenses committed by Indians in Indian Country. The Act describes federal

responsibility as follows:

(a) Any Indian who commits against the person or property of another Indian or other

person any of the following offenses, namely, murder, manslaughter, kidnapping,

maiming, a felony under chapter 109A, incest, a felony assault under section 113, an

assault against an individual who has not attained the age of 16 years, felony child

abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this

title within the Indian country, shall be subject to the same law and penalties as all

other persons committing any of the above offenses, within the exclusive

jurisdiction of the United States.

(b) Any offense referred to in subsection (a) of this section that is not defined and

punished by Federal law in force within the exclusive jurisdiction of the United

States shall be defined and punished in accordance with the laws of the State in

which such offense was committed as are in force at the time of such offense.

In addition to Indian Country-specific federal criminal jurisdiction, also applicable in Indian

Country are general federal criminal laws that establish federal jurisdiction over certain crimes

regardless of where they are committed or the Indian status of the offender. These include, for

instance, laws regarding HT, bank robbery, counterfeiting, sale of drugs, and assault on a

federal officer.

State Jurisdiction

The extent of state jurisdiction within Indian Country varies from state to state. As a general

matter, states have exclusive jurisdiction over crimes committed in Indian Country by non-

Indians against non-Indians. United States v. McBratney, 104 U.S. 621 (1882). In 2022, the

Supreme Court held in Oklahoma v. Castro-Huerta, 142 S. Ct. 2486 (2022), that states possess

concurrent jurisdiction to prosecute crimes involving non-Indian offenders and Indian victims in

Indian Country. Both DOI and DOJ have since issued internal guidance and statements

reiterating that the decision in Castro-Huerta does not change existing federal jurisdiction or

the Departments’ commitments to honor treaty and trust responsibilities, promote public

safety in Native communities, and respect and support Tribes’ authority to exercise their

inherent sovereign powers.

The Castro-Huerta decision also does not displace Tribal

jurisdiction.

Public Law 280

In 1953, Congress passed Public Law 83-280, which is codified at 18 U.S.C. § 1162 and 25 U.S.C.

§ 1322, transferring federal authority over certain crimes to certain states. Broadly referenced

as “Public Law 280,” this statute alters the allocation of jurisdiction between the federal

government and the states; it does not, however, limit or expand the scope of Tribal

jurisdiction. States are divided into two categories under Public Law 280: “Mandatory” and

“Optional.”

There are six Mandatory Public Law 280 states: Alaska, California, Minnesota, Nebraska,

Oregon, and Wisconsin.

In Mandatory Public Law 280 States, the federal government no

longer possesses the authority to prosecute crimes in Indian Country under the General Crimes

Act and Major Crimes Act. Jurisdiction in Mandatory states is established at 18 U.S.C. § 1162,

which reads as follows:

(a) Each of the States or Territories listed in the following table shall have jurisdiction

over offenses committed by or against Indians in the areas of Indian country listed

opposite the name of the State or Territory to the same extent that such State or

Territory has jurisdiction over offenses committed elsewhere within the State or

Territory, and the criminal laws of such State or Territory shall have the same force

and effect within such Indian country as they have elsewhere within the State or

Territory.

As initially enacted in 1953, Public Law 280 allowed states to optionally assume jurisdiction—

without Tribal consent—over crimes involving Indians in Indian Country. Under this authority,

several states had assumed partial or full jurisdiction over crimes in Indian Country within their

For example, DOJ issued a public statement from the U.S. Attorney's Office for the Eastern District of Oklahoma

and a Statement for the Record; DOI participated in a hearing by the House Committee on Natural Resources

Subcommittee for Indigenous Peoples of the United States on this Supreme Court decision.

There are some exceptions to Mandatory Public Law 280 that are established by statute, including the Warm

Springs Reservation in Oregon and the Red Lake Reservation in Minnesota.

states, often without Tribal consent. The law was amended in 1968 to require Tribal consent

before a state may assume jurisdiction pursuant to Public Law 280.

The federal government maintains concurrent criminal jurisdiction to prosecute crimes under

the General Crimes Act and Major Crimes Act in Optional Public Law 280 states.

State

jurisdiction in Optional states is established at 25 U.S.C. § 1322, which reads as follows:

(a) The consent of the United States is hereby given to any State not having jurisdiction

over civil causes of action between Indians or to which Indians are parties which

arise in the areas of Indian country situated within such State to assume, with the

consent of the tribe occupying the particular Indian country or part thereof which

would be affected by such assumption, such measure of jurisdiction over any or all

such civil causes of action arising within such Indian country or any part thereof as

may be determined by such State to the same extent that such State has jurisdiction

over other civil causes of action, and those civil laws of such State that are of general

application to private persons or private property shall have the same force and

effect within such Indian country or part thereof as they have elsewhere within that

State.

The Commission spent considerable time analyzing whether existing laws establishing

jurisdiction could be changed to better serve Tribes’ needs, particularly in subcommittees 1, 2,

4, 5, and 6.

Both Departments recognize the importance of this line of questioning and appreciate the

Commission’s attention to the issue. The agencies are limited by existing federal law and will

adjust as needed in response to any Congressional action addressing the Commission’s

recommendations regarding jurisdiction.

The 1968 amendments to Public Law 280 also allowed states to retrocede “all or any measure of the criminal or

civil jurisdiction, or both,” previously acquired under the law. 25 U.S.C. § 1323. Through this provision, states may

offer to return jurisdiction to the federal government for individual Tribes or for all the Tribes in the state.

Retrocession has occurred for individual Tribes in several Mandatory and Optional states. In addition, the Tribal

Law and Order Act of 2010 included a provision that allows Tribes to request that the Attorney General reassume

concurrent jurisdiction over that Tribe’s Indian Country in Mandatory Public Law 280 states if certain conditions

are met. 18 U.S.C. § 1321(a)(2). If granted, the federal government may prosecute criminal cases within the Tribe’s

Indian Country under the General Crimes Act and Major Crimes Act.

5. Supporting Survivors of Crime

The Departments appreciate that the Commission included among its members survivors and

family members of people who have gone missing or been murdered and issued

recommendations focused on crime victims, survivors, and families of those who’ve gone

missing or been murdered. The perspectives of people who bring lived experience to bear in

discussions with federal agencies are invaluable.

In addition to the Commissioners who

brought personal and professional experiences to bear, the Commission dedicated an entire

subcommittee to victim and family resources and services. Through the recommendations of

the Commission, which reflect the input of survivors alongside other types of expertise, DOI and

DOJ have a unique opportunity to improve support for survivors of crime and family members

of those who have been a victim of crime or who are missing.

Following is an overview of the Departments’ existing programs that support these efforts. The

Departments look forward to further discussions about how to improve our support for

survivors of violent crimes and the families of those who’ve gone missing or been murdered.

Currently, DOJ provides services to victims of and witnesses to crimes through each of the 94

U.S. Attorneys’ Offices and DOJ law enforcement agencies. Funding for victim and/or witness

programs and services largely comes from the Crime Victims Fund (CVF), administered by DOJ’s

OJP/Office for Victims of Crime (OVC) to various offices within and outside of DOJ. There are

over 300 victim and/or witness specialists working directly for DOJ and many more employed

by other federal agencies. The provision of services to victims and witnesses is governed by

statute as well as the Attorney General Guidelines for Victim and Witness Assistance. Indian

Country cases often require a different level of time, attention, and services than most other

cases handled by the federal agencies. The most recent Attorney General Guidelines provide

specific guidance to DOJ employees on providing services to AI/AN victims of or witnesses to

crime.

DOJ has expanded support to Tribes and Tribal organizations that provide direct services to

survivors of crime. OJP/OVC provides noncompetitive grants to Tribes to support community

planning, outreach, victim service program development and implementation, and more.

OJP/OVC also provides training, technical assistance, and other resources to Tribal

professionals.

The United States Advisory Council on Human Trafficking Annual Report 2023 highlights some of the benefits of

these perspectives.

The CVF was established by the Victims of Crime Act (VOCA) of 1984 and is financed by fines

and penalties paid by persons convicted in federal cases, not by tax dollars. Each year, Congress

authorizes OJP/OVC to use the CVF to support the delivery of victim services through grants

made to states, local jurisdictions, nonprofit organizations, and Tribes. The amount of funds

authorized to be spent from the CVF is referred to as “the cap.” Since fiscal year (FY) 2018,

Congress has authorized a Tribal Victim Services Set-Aside (TVSSA) from the CVF cap to be used

for grants and programs for Indian Tribes to improve services for victims of crime. The set-aside

is authorized under annual appropriations law, and Congress determines, at its discretion, the

annual amount in the set-aside. Thus, the amount of available funding under the set-aside

varies from year to year. Regardless of the amount authorized by Congress, the Departments

have not wavered in our commitment to supporting crime victims and survivors.

In FY 2018 and FY 2019, the set-aside was administered as a competitive grant program. In FY

2020, in response to Tribal consultations and listening sessions in which Tribal leaders

expressed a strong preference that the Tribal set-aside funding from the CVF be distributed

using a formula rather than as a competitive program, OJP/OVC implemented a population-

based formula for disbursing Tribal set-aside funds. OJP/OVC consults with Tribes every year on

the administration of the set-aside as a formula-based program and has used a formula every

year since FY 2020.

The chart on the next page shows how funds authorized by Congress under the TVSSA have

fluctuated since FY 2018.

The number of Tribes applying for funding through OJP/OVC’s TVSSA has increased by 59.4%

from FY 2020 to FY 2023 (the period during which the formula has been used).

2018

2019 2020 2021

2022

2023

$133,080,000.00

$167,650,000.00

$132,050,000.00

$100,750,000.00

$130,000,000.00

$95,000,000.00

50000000

100000000

150000000

200000000

Amount of the Tribal Victim Services Set-Aside

Set by Congress

Since the TVSSA program began in FY 2018, OJP/OVC has made hundreds of TVSSA awards,

which now provide victim services to thousands of crime victims in hundreds of Tribal

communities. TVSSA grantees are using funds to provide services to domestic violence and

sexual assault victims, pay the salaries of victim advocates, run supervised visitation programs

to allow children to stay connected with their families, provide civil legal assistance to crime

victims dealing with the repercussions of their victimization, buy emergency groceries or pay

for emergency housing or shelter for victims, amend Tribal codes to include stronger victim

protections, lease vehicles to take victims back and forth to appointments, and hold sings and

ceremonies to help victims connect back with their communities. These programs are serving

victims of arson, assault, burglary, child abuse, dating violence, domestic violence, elder abuse,

fraud, identity theft, kidnapping, labor trafficking, rape/sexual assault, robbery, sex trafficking,

and stalking.

In addition, DOJ’s Office on Violence Against Women (OVW) provides grant funding under

VAWA specifically for Tribes and Tribal organizations to address forms of gender-based violence

that are often an underlying cause of MMIP and HT—domestic violence, dating violence, sexual

assault, stalking, and sex trafficking. These grant funds can be used for coordinated community

responses to the VAWA crimes, including justice system interventions and services and support

for survivors. OVW has taken steps to increase Tribal access to grant funds, maximize flexibility

for Tribal grantees, and explore ways to support culturally responsive efforts in Tribal

communities to address the intersection of MMIP, HT, and gender-based violence in

accordance with recommendations from Tribal leaders.

DOI further provides direct monetary support to Tribes through base funding for public safety

and justice programs, Tribal courts, victim support specialists, general welfare programs, social

133

142

169

212

100

150

200

250

2020 2021 2022 2023

Number of Tribes Participating in the Set-Aside,

2020-2023

Tribes Completing Applications & Receiving Awards

services, Indian child welfare, job placement and training, housing, and other areas. This

funding allows Tribes to develop and implement programs to address the causes of the MMIP

and HT crisis, and to also provide prevention, intervention, and supportive services to victims

and survivors. Additionally, DOI provides technical assistance and training and supports Tribe-

to-Tribe mentoring on promising practices to allow Tribes to continue to innovate around

supportive services for their citizens.

DOI continues to request additional appropriations each fiscal year for more base funding to

Tribes to provide additional support and care services to victims and survivors. The topics

discussed by all the subcommittees deal with extraordinarily challenging public safety issues

that involve highly personal experiences and, much too often, personal tragedy.

DOI and DOJ wish to especially honor the survivors and families of the missing or murdered

who participated as members of the Commission and those who contributed their personal

experiences and perspectives during hearings to help shape the Commission’s

recommendations.

6. Public Safety Resources

Resources were another overarching focus of the Commission, and, to further accentuate the

issue of resources as a Commission priority, recommendations regarding resources may be

found in every chapter of the report. Funding shortfalls for Tribal law enforcement programs

have been documented through the annual Congressionally mandated Tribal Law and Order Act

(P.L. 111-211) report on law enforcement resources as well as through third-party analysis such

as the U.S. Commission on Civil Rights’ 2018 Broken Promises: Continuing Federal Funding

Shortfall for Native Americans, also heavily referenced throughout the Commission’s

recommendations. DOI and DOJ recognize that additional resources are needed to respond to

the MMIP and HT crisis and improve public safety and justice resources across Indian Country.

This is reflected in recent submissions of the President’s budget in FY 2022, FY 2023, and FY

2024.

DOJ’s grants and programs are an important aspect of the Department’s public safety

partnership with Tribes and are designed to support Tribes in building capacity and developing

new capabilities in Tribal public safety programs. DOJ’s grant funding is not designed to be a

replacement for base funding, but DOJ understands that Tribes have increasingly needed to use

grants to supplement base funding. DOJ has been reviewing funding models to determine how

they might better meet Tribes’ needs; the recommendations of the Commission provide

valuable direction for that ongoing analysis.

Significantly, on December 6, 2023, President Biden signed Executive Order (EO) 14112,

Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust

Responsibilities and Promote the Next Era of Tribal Self-Determination, as part of the 2023

White House Tribal Nations Summit. Pursuant to this order, the Executive Branch is required to

identify chronic shortfalls in federal funding and support programs for Tribal Nations, including

those related to public safety, and make recommendations to the President. The Executive

Order also advances Tribal sovereignty by requiring federal agencies to affirmatively ensure

that federal funding for Tribes is accessible, flexible, and equitable. Both Departments are

actively working to implement the directives of EO 14112.

Agency Responses to Commission Recommendations

As required in the Act, this document sets forth responses by the U.S. Departments of the

Interior and Justice to the Commission’s “Not One More” findings and recommendations

directed at those Departments. The responses that follow cover a wide range of complex

topics, some of which relate to longstanding debates or issues of law and policy. While this

response focuses specifically on DOI and DOJ activities and on the findings and

recommendations that are aimed at the Departments, the Departments acknowledge that

other federal agencies are deeply engaged in efforts to combat violence against AI/AN people

and in Indian Country and are committed to addressing the disproportionate rates of violent

crime against AI/AN people and on Indian lands. The Departments acknowledge that the

programs and actions described herein are complementary to efforts by other federal agencies

to further address longstanding unresolved violence against AI/AN people and the

disproportionate rates of violence on Indian lands.

Addressing the MMIP and HT crisis requires a cross-jurisdictional approach. The Departments

are grateful for the partnership of Tribal, state, and local law enforcement agencies across the

nation that are working alongside the Departments to help reduce crime and support AI/AN

survivors, victims, families, and those living on Indian lands. Acknowledging the many AI/AN

people who have suffered, and continue to suffer, from the pain of a missing loved one or the

disproportionate rates of violent crimes on and off reservations serves as an important

reminder of the urgency and importance of the federal government’s collective work to address

the crisis.

Our Departments remain committed to upholding our federal trust responsibilities and our

nation-to-nation relationships with the 574 federally recognized Tribal Nations in the United

States as well as advancing the Commission’s call for immediate action and healing. DOI and

DOJ will continue to refer to the Commission’s report beyond issuance of this response and

look forward to continuing to work with other federal agencies and in consultation with Tribes.

The findings and recommendations of the Commission’s final report reflect the expertise,

dedication, and compassion of the Commissioners. DOI and DOJ extend sincere thanks and

appreciation to the Commissioners, who undertook the extraordinarily difficult charge

established in the Act with courage and care.

Chapter 1: Law Enforcement & Investigative Resources—

Identifying/Responding to MMIP and HT

Subcommittee 1 Charge and Priority Areas

Following is an excerpt from the final report describing the work of Subcommittee 1:

The Not Invisible Act tasked the Commission with addressing issues related to

identifying, reporting, and responding to instances of missing persons, murder, and

human trafficking on Indian lands and of Indians (i.e., across state-Tribal-federal

jurisdictions), including comparing and contrasting available communication tools and

general resources at the state and federal levels and the technology updates and

platforms needed for BIA/OJS and Tribally operated agencies to support current

tools/technologies.

Given this broad charge, the Subcommittee 1 chose three priority areas to organize its

work and one important cross-cutting theme. These areas included:

1. How do we improve initial reporting of and responding to missing persons and

crimes?

2. How do we improve access to equipment and technology that would aid initial

reporting and investigation?

3. What innovations like improved case management, victim advocates and multi-

disciplinary teams can be instituted to aid investigations across jurisdictions?

4. Cross-cutting across these priority areas, and in conjunction with the work of

Subcommittees Four and Five, how do we improve communication between LE

and families?

COMMISSION FINDING A: There is woefully insufficient funding to support public safety in

Indian country and Alaska Native Villages.

Commission Recommendation A1: A cross-agency, federal and non-federal, committee or

commission must be involved in review of public safety budgets by all federal agencies in an

ongoing and regular manner to inform and advise on the President’s annual budget request and

Congressional appropriations. While the Secretary of the Interior’s Tribal Advisory Committee

and the Tribal Interior Budget Council do provide this review for DOI, a single entity across BIA,

DOJ, and HHS is needed to fully understand and make recommendations for improvements to

federal money flows for public safety across Tribes and Alaska Native Villages.

Response: The U.S. Department of the Interior (DOI) and U.S. Department of Justice (DOJ)

appreciate the interest in cross-agency coordination on budget development and that this

recommendation is intended to institutionalize non-federal input in the federal budget process.

The agencies further recognize that this proposal is intended to support Tribes’ ability to

identify funding priorities and provide input into funding distribution across agencies. In

response to this need, President Biden recently signed Executive Order 14112, Reforming

Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities

and Promote the Next Era of Tribal Self-Determination, focused on funding issues that will help

usher in a new era of self-determination. As part of this Executive Order, the President directed

the White House Council on Native American Affairs, the Office of Management and Budget,

and the White House Domestic Policy Council to work across the federal government to

measure the chronic funding shortfalls of existing federal funding for Tribes and develop

recommendations for what additional funding and programming is necessary. Federal agencies

will be required to report annually on their progress in implementing those recommendations.

We note that this recommendation is also directed at the U.S. Department of Health and

Human Services (HHS). HHS may have additional feedback to provide under separate cover with

respect to this recommendation.

Commission Recommendation A2: BIA must permanently establish, make mandatory, and

sufficiently fund the BIA MMUs and place MMUs in all regions and include sufficient funding and

oversight such that putting MMU staff on details or duties elsewhere does not damage the

progress of investigations.

Response: DOI appreciates the Commission’s advocacy for the Missing and Murdered Unit

(MMU) within the Bureau of Indian Affairs/Office of Justice Services (BIA/OJS). The MMU

represents DOI’s functional arm of the Missing or Murdered Indigenous Persons (MMIP)

initiative. The MMU was formed in 2021 to enhance the operation of the criminal justice

system and address concerns of American Indian and Alaska Native (AI/AN) communities

regarding missing or murdered people. Since its establishment, the MMU has proactively

engaged with federal partners, including United States Attorney’s Offices (USAOs) and state

groups focused on missing or murdered persons cases. The MMU operates from a recurring

annual budget of $14.0 million to support a total of 66 positions nationwide. Currently, 32 of

those positions are staffed, and active recruitment to fill the remaining 34 positions is ongoing.

Though MMU personnel are sometimes temporarily reassigned to support other critical public

safety needs, we fully expect this trend to decline as more BIA law enforcement vacancies are

filled both within and outside of the MMU. As the MMU grows in capacity, leadership within

BIA, including MMU and BIA/OJS, will continually reassess the MMU for effectiveness and

recommend any change in course as necessary. After several years of building the MMU team

and its capabilities, Indian Affairs is now focusing requests for increased funding on additional

Tribal law enforcement to address the crisis of MMIP.

Increased funding for public safety and justice programs, including the MMU, remains a priority

in DOI budget requests to Congress, which has the ultimate authority over the budget BIA

receives to support the work of the MMU.

Commission Recommendation A3: Congress must appropriate, and DOJ must then increase the

number of Special Assistant U.S. Attorneys (SAUSAs) throughout Indian country and Alaska.

Response: DOJ appreciates the Commission’s interest in expanding the SAUSA program, which

has become an important part of DOJ’s work to prosecute crimes in Indian Country. SAUSAs

complement the work carried out by Tribal liaisons and Indian Country prosecutors in Indian

Country districts. Consistent with Congressional appropriations, DOJ will continue to use

SAUSAs in Indian Country whenever possible. DOJ encourages USAOs to integrate Tribal SAUSAs

into regular operations to increase the likelihood that every violent offense that is appropriate

for prosecution is prosecuted in either federal or Tribal Court. See Memorandum on Promoting

Public Safety in Indian Country from the Deputy Attorney General (DAG) to Director, ATF, et al.

(July 13, 2022). The benefits of integrating Tribal SAUSAs include successful prosecutions of

unresolved cases, stronger relationships between Tribes and USAOs, and victims coming

forward with confidence that their cases will be seriously considered. SAUSAs, including

qualified Tribal prosecutors and other qualified attorneys, may be appointed under 28 U.S.C.

§ 543 to assist U.S. Attorneys in prosecuting federal offenses committed in Indian Country.

Working in collaboration with Tribal partners, U.S. Attorneys may appoint SAUSAs whenever

possible. Numerous districts with Indian Country responsibilities leverage reimbursable and

non-reimbursable SAUSA appointments, governed by a memorandum of understanding

between the USAO and the Tribe.

Further, DOJ’s Office of Justice Programs (OJP), in partnership with USAOs and the Executive

Office for United States Attorneys (EOUSA), have Tribal SAUSA initiatives. Since fiscal year (FY)

2012, the Office on Violence Against Women (OVW) has awarded funds to 16 federally

recognized Tribes to help them work with their local USAOs to hire or retain mutually agreed-

upon Tribal prosecutors to be cross-deputized as SAUSAs. These cross-designated prosecutors

maintain active caseloads involving domestic violence, dating violence, sexual assault, stalking,

and sex trafficking in Tribal court, federal court, or both, and help promote higher-quality

investigations and better inter-governmental communication. As of FY 2023, OVW has five

open Tribal SAUSA grant awards and expects to make additional awards in FY 2024.

OJP, through the OJP/Bureau of Justice Assistance (BJA), awards competitive funds to federally

recognized Tribes to hire—in consultation with their local USAOs—Tribal SAUSAs to assist with

drug and associated violent crimes. Currently, Tribes can seek funding to hire Tribal prosecutors

to prosecute serious and violent crimes under DOJ’s Coordinated Tribal Assistance Solicitation

(CTAS) Purpose Area 3. OJP/BJA also coordinates closely with OVW on this project. In addition,

OJP/BJA has a training and technical assistance provider for Tribes seeking to investigate and

prosecute violent crimes, including developing an agreement with USAOs to have these Tribal

prosecutors cross-designated as Tribal SAUSAs coordinating with the USAO on these cases.

Finally, working in conjunction with OVW, OJP/BJA has funded the Alaska Department of Law to

focus on violent crime prosecutions in Alaska Native Villages, particularly crimes of violence

against women, and has funded Alaska-focused training and technical assistance to support

these prosecutors, including training specifically provided by Alaska Native experts. These state

prosecutors also are cross-designated as SAUSAs, although most of the cases they prosecute

are in state court.

Commission Recommendation A4: The Federal agencies must make more grants eligible for

the 477 programs without a required match. The 477 program has agreements with 12 agencies

and is seeking to cut down on the grant administration burden. Furthermore, sister agencies

must remove barriers that prevent other agencies from working cooperatively with BIA to

administer the program.

Response: Consistent with Public Law 102-477, the “Indian Employment, Training and Related

Services Act of 1992,” known broadly as “477,” DOJ has and will continue to demonstrate its full

commitment to working with DOI in its efforts to improve the effectiveness of Tribal

employment, training, and related services, and reduce joblessness in communities for self-

determination purposes. As the 477 “lead agency,” DOI has, to date, approved three plans

(submitted by two Tribal Nations) seeking to integrate DOJ programs implemented for the

purposes of employment, training, and related services into consolidated and coordinated

Tribal plans.

DOJ notes that we have not been asked to review or take action on Tribal waiver requests

implicating DOJ programs. (See 25 U.S.C. § 3406.) No DOJ Tribal 477 requests have included a

waiver request. Regarding “match requirements,” for the two aforementioned Tribal Nation

plans approved for 477 program integration that included DOJ programs, neither plan had

match requirements.

In accordance with Executive Order (EO) 14112 and as 477 statutory federal partner agencies,

DOI and DOJ will work persistently to identify all legally available opportunities to streamline

administrative requirements.

Further streamlining—such as expanding the programs eligible for 477 or removing additional

statutory limits on federal funding or requirements for federal funding administration—may

require legislative and/or regulatory changes. In those instances, DOJ will seek to identify,

recommend, or implement such changes, consulting with Tribal Nations to develop the fullest

possible understanding of how it may achieve the greatest benefit. In addition to participating

in the 477 program, DOI and DOJ will, as part of the work of implementing EO 14112, work to

enhance the accessibility and flexibility of federal funding to Tribal Nations to support Tribal law

enforcement and public safety.

BIA also notes that a Tribal match requirement should not affect whether a grant is eligible for a

Tribe’s 477 Plan integration. If a receiving Tribe can demonstrate the grant is implemented for a

purpose under 25 U.S.C. 3404(a)(1)(A) and meets the criteria in 25 U.S.C. 3404(a)(1)(B), the

funding may be integrated into the Tribe’s 477 Plan. A Tribal match requirement is not a factor.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

COMMISSION FINDING B: In order to improve initial reporting of and responding to missing

persons and crimes, including murder and trafficking, records of both victims and perpetrators

must be improved.

Commission Recommendation B1: The DOJ Tribal Access Program (TAP) provides support for

systems installed and usable at and with Tribes. However, many Tribes and almost all Alaska

Native villages do not have such systems. There are numerous challenges. There are multiple

databases for different kinds of data.

Participation in FBI CJIS systems is ‘voluntary’, and states often have their own criminal justice

databases. Sec 211 of the Tribal Law and Order Act charged DOI/BIA—not DOJ—with providing

technical assistance and training to Tribal Law Enforcement (LE) officials to utilize the NCIC and

other national crime information databases (such as Next Generation Identification (NGI))

pursuant to 28 USC §534. Training about the use of TAP to access FBI CJIS systems is currently

being provided by DOJ TAP staff. Since NCIC and other databases are DOJ-run and managed,

agency responsibility has been bifurcated between the system itself and training and operations

by Tribes. Furthermore, many Tribes do not have their own detention programs and may rely

on MOUs with local or state detention programs. There have also been issues where Tribes

should have had access to NCIC and other FBI CJIS systems but were blocked or restricted by

some states which limited Tribal access to federal and/or state data. Some state/local

jurisdictions do not enforce Tribal arrest warrants. TAP staff works with participating Tribes to

National Crime Information

Center

(NCIC)

Next Generation

Identification

(NGI)

Combined DNA Index

System

(CODIS)

Maintained by FBI Criminal Justice

Information Services (CJIS)

Division

Maintained by FBI Criminal Justice

Information Services (CJIS)

Division

Maintained by FBI Laboratory

Division

Gathers information from and is accessed

by law enforcement

agencies,

the

National Center for Missing & Exploited

Children

(limited read-only access), and some

medical examiner/coroner

offices.

Gathers information from and is

accessed by law enforcement

agencies and some medical and

coroner offices.

Receives physical samples

from and is accessed by law

enforcement agencies

and medical/coroner

offices.

Houses criminal

justice information (including

arrest warrants, missing persons, etc.)

and biographical information (name,

race, Tribal affiliation, date

birth, etc.).

Houses biometric fingerprint

indexed criminal history record

information and includes

fingerprints, palm prints, iris

scans, photographs, as well as

scars, marks, and tattoos.

Houses DNA computer

software

program that operates local,

state, and national databases

of DNA

profiles from convicted

offenders, unsolved crime scene

evidence,

and missing

persons.

Is a communication system used by

law enforcement agencies.

Is accessed by law enforcement

agencies and by non-criminal

justice agencies for authorized

purposes.

The system has participants

and is access by all 50 states,

the District of Columbia,

federal government, the U.S.

Army Criminal Investigation

Laboratory, and

Puerto Rico.

ensure that the system is fully utilized in accordance with federal law and policy and Tribal

prerogatives.

Therefore,

1. First and foremost, responsibility for both training and management of TAP must reside at

DOJ.

2. To ensure TAP and its kiosks are fully utilized and available across Tribes, DOJ must continue

to monitor program usage and identify concrete actions to increase regular use of TAP and

to address issues and barriers.

3. DOJ must hold Tribal consultations, including funding for travel for Tribal leaders and Tribal

subject matter experts to participate, for ensuring the success of the TAP program as part of

this DOJ review.

4. DOJ must continue to provide on-going, regular training for TAP users given frequent

changeover in Tribal personnel.

5. DOJ must continue to identify Tribes that utilize TAP successfully and develop and

disseminate lessons learned and best practices in trainings.

6. Tribal LE with direct access to NCIC should adhere to the same 2-hour mandatory reporting

in NCIC as other LE entities for missing persons under the age of 21 as required by the Adam

Walsh Act and Suzanne’s Law.

7. The TAP system must continue to be used for the Sex Offender Registration and Notification

Act (SORNA) and should also be used to include the input of missing persons, as well subject

fingerprints.

8. Participating Tribal LEAs should be strongly encouraged to use TAP to conduct background

checks on potential LE hires. In support of the National Crime Prevention and Privacy

Compact Act of 1998 (34 U.S.C. § 40316), which requires that subject fingerprints or other

approved forms of positive identification shall be submitted with all requests for criminal

history record checks for authorized noncriminal justice purposes; it is recommended that

NGI be utilized to conduct background checks on prospective Tribal employees who would

have access to children and for prospective foster parents. In today’s transient society,

national background checks based on fingerprints reduce the risks of associating a person

with someone else’s criminal history record or failing to find a criminal history record of a

person who uses a false name.

9. DOJ must continue to provide training on how to upload fingerprints and other identifiers of

arrestees and persons convicted of serious offenses into the NCIC and NGI even when

custody of the alleged perpetrator may be transferred to non-Tribal jurisdictions such as

counties or municipalities.

10. DOJ must continue to provide DNA kits to Tribes and to assist them through training and

technical resources to manage DNA data through CODIS.

11. DOJ must continue to make funding available and inform Tribal criminal justice agencies of

that funding to employ and maintain records management and data entry personnel.

Understanding that some Tribes may lack the resources (physical, technical, personnel) to

receive and maintain TAP access, it is also recommended: the DOJ Office of Tribal Justice

(OTJ) in conjunction with the FBI CJIS must explore establishment of an optional regional

based model for TAP access for Tribal criminal justice agencies. For Tribal criminal justice

agencies opting to use the regional model, DOJ OTJ shall provide funding, compliant

facilities, equipment, and staffing for regional CJIS Centers that will serve as 24-hour

operations centers for multiple Tribal criminal justice agencies. The operations center will be

responsible for entering and receiving information with FBI CJIS systems and will maintain

law enforcement records for the participating Tribal criminal justice agencies. The National

Instant Criminal Background Check System (NICS) Act Record Improvement Program (NARIP)

and the National Criminal History Improvement Program (NCHIP) grant program Request for

Proposals shall be reviewed and revised to meet the records management and data entry

personnel needs of Tribal criminal justice agency programs.

Response: DOJ provides the following responses to each of the sub-recommendations:

1. Management of TAP has been and will continue to be through DOJ. Training is provided to

participating TAP Tribes by DOJ in multiple formats including the following: on-site hands-on

training, online webinar training, and one-on-one training for individual users, as well as a

library of training materials.

2. TAP, working in conjunction with the Federal Bureau of Investigation (FBI) Criminal Justice

Information Services (CJIS) Division, regularly monitors usage and works with Tribes

participating in TAP to increase usage in accordance with Tribal law, policy, priorities, and

needs. This includes activities such as monthly reviews of usage metrics and direct follow-up

with Tribes as needed to identify reasons for lack of use and to provide follow-up support, such

as refresher training and continued mentoring of system users to ensure they are

knowledgeable about the benefits of access and understand how to use each system.

3. Funding for travel for in-person Tribal consultations is subject to Congressional

appropriations for such activities. At a program level, TAP provides online webinar training for

Tribal government leaders interested in exploring whether TAP can help Tribes meet their

criminal justice information-sharing needs. These webinars are made available during the

annual TAP open application period.

4. TAP provides both onsite and online training opportunities for Tribal TAP user agency staff to

encourage system use in accordance with Tribal law, policy, priorities, and needs. This training

is provided from the time of initial selection for participation in the program for all participating

TAP Tribes and continues on a regular basis to ensure both existing and new Tribal personnel

receive the appropriate training.

5. TAP identifies TAP Tribal agencies that utilize TAP in effective ways and actively encourages

the sharing of best practices with other participating TAP Tribal agencies. This information is

shared through articles in the monthly TAP newsletter and during recurring online webinar

presentations. Additionally, some TAP Tribes have developed policies and best practices

documents and coordinated through TAP to share this information with other participating

Tribes.

6. Tribes, as sovereign governments, decide how best to handle the sharing of missing person

information; current law does not require Tribes to adhere to the two-hour mandatory

reporting requirement regarding missing children. Such a requirement would require federal

legislation. TAP does provide both on-site and online webinar training on entry of Missing

Persons into NCIC. TAP also collaborates with representatives from the National Center for

Missing and Exploited Children (NCMEC), Team Adam, and Amber Alert in Indian Country to co-

host online webinars to share information about important resources regarding missing

persons in general and missing children in particular. TAP encourages participating Tribal

agencies to develop policies on the entry of Missing Persons into NCIC to include the two-hour

reporting time as a best practice.

7. TAP is routinely used by participating Tribes to enter and share data pertinent to sex offender

registration as required by SORNA. TAP works in partnership with the Office of Sex Offender

Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) to educate and train

participating TAP SORNA Tribes on the entry of the sex offender information in the Territory

and Tribal Sex Offender Registry System; the NCIC National Sex Offender Registry; the FBI’s

Next Generation Identification (NGI), and the National Sex Offender Public Website.

TAP is also routinely used by participating Tribes to enter and share information about missing

persons. TAP provides both on-site and online webinar training on entry of missing persons into

NCIC. TAP also collaborates with representatives from NCMEC, Team Adam, and Amber Alert in

Indian Country to co-host online webinars to share information about important resources

regarding missing persons in general and missing children in particular. TAP also acknowledges

and understands that it is a Tribal decision to use other access points to federal systems, such

as a state CJIS Systems Agency (CSA). While TAP will continue to be used by some Tribes for the

purposes of entering information on sex offenders and missing persons in national databases,

other Tribes may decide to use non-TAP solutions to submit this information through state

CSAs.

8. TAP is routinely used by participating Tribes to conduct fingerprint-based record checks on

prospective Tribal criminal justice agency staff, as well as on prospective Tribal government

staff that have access to or control over children, and on prospective foster parents. TAP

provides fingerprint training for participating TAP Tribes for both criminal and non-criminal

justice purposes. Hands-on training is provided during initial on-site deployments as well as

during follow-up visits for refresher training. TAP also hosts remote fingerprint training as

needed using a combination of training videos and technology such as teleconferencing

software and screen-sharing capabilities. The FBI CJIS Security Policy, Section 5.12, requires all

agency personnel in positions that involve unescorted access to Criminal Justice Information

(CJI) to undergo a fingerprint-based record check prior to having access to CJI. While this is a

system-wide requirement, it is each Tribe’s decision whether to conduct those checks through

TAP or through another means, such as a state CSA.

DOJ has developed a legislative proposal that would further support Tribes’ use of national

crime databases for background check purposes, specifically related to the Child Care and

Development Block Grant Act (CCDBGA), 42 U.S.C. § 9858f. A Congressional member is

currently considering whether to introduce this legislative proposal. The proposal would

provide language to authorize the FBI to conduct fingerprint-based background checks for

Tribal childcare staff members, including prospective staff members, who are licensed,

regulated, or registered under Tribal law or who receive assistance provided under CCDBGA.

This public safety initiative enables Tribes to conduct FBI fingerprint-based background checks

on both current and prospective childcare staff members of Tribal childcare providers.

For background, CCDBGA requires all state lead agencies receiving Child Care and Development

Fund (CCDF) resources to conduct FBI fingerprint checks for current and prospective childcare

staff members of childcare providers; however, the Act did not provide Tribes with sufficient

legal authority to conduct FBI fingerprint-based background checks.

At present, Tribes utilize several methods to electronically submit fingerprints to the FBI and

receive the corresponding criminal history results for authorized purposes. These methods

include submission through the state CSA, an FBI-approved channeler, and TAP. In limited

instances where other electronic options were not feasible, Tribes have been approved to

submit hard-copy fingerprint cards directly to the FBI, and the FBI has returned the

corresponding criminal history record information via mail. All of these processes require legal

authority to access FBI’s CJIS systems, and authority to do CCDBGA checks by Tribes is not

currently specified in the statute.

This proposed statutory change would close this dangerous loophole and provide Tribes with

the necessary statutory authority to conduct FBI fingerprint-based background checks on

childcare staff members of Tribal childcare providers, including prospective childcare staff

members.

9. TAP provides both on-site and online training opportunities for Tribal TAP user agency

personnel regarding the submission of arrest booking and disposition information. TAP

regularly confers with Tribes participating in TAP regarding best practices when persons serving

sentences issued by Tribal courts are being held by corrections facilities managed by other

jurisdictions. As sovereign nations, Tribes decide the crimes for which they will submit arrest

booking information to the FBI’s NGI, where these arrests and subsequent dispositions will be

visible to criminal justice agencies nationwide. TAP also provides training and ongoing support

for TAP Tribes on the entry of domestic violence protection orders, conditions of supervised

release, and wanted persons into NCIC. The NCIC entries then become both visible to and

enforceable by law enforcement nation-wide.

10. The Combined DNA Index System (CODIS) is the software that supports a tiered system of

databases. This system is designed to assist law enforcement agencies with the identification of

individuals through the exchange and comparison of DNA profiles. CODIS is used to help solve

crime from jurisdictions across the United States, including Tribal jurisdictions. In addition, the

FBI Laboratory Division currently assists with the forensic analysis of casework submitted from

Tribal jurisdictions and will continue to process these cases.

The DOJ SMART Office has taken the lead on working directly with Tribes that have

implemented SORNA in their jurisdictions to provide information to Tribes that wish to send

DNA samples collected from registered sex offenders pursuant to SORNA directly to the FBI

Laboratory’s Federal DNA Database Unit (FDDU). Tribal law enforcement may place an order

(free of charge) for DNA collection kits by visiting: https://forms.fbi.gov/buccal-collection-kit-re-

order-form. Once samples are collected, they can be sent to the FBI Laboratory via U.S. Postal

Service using the return envelope included in each kit. For more information about the DNA

collection process, the FDDU will also provide an instructional DVD upon request. However, in

those instances where state laboratories are authorized to receive DNA samples collected from

Tribes, DNA kits are not provided by FDDU and instead would be provided by the respective

state laboratory.

11. Overall funding levels are dependent on Congressional appropriations. Based on these

appropriations, DOJ grant components, such as the Office of Community Oriented Policing

Services (COPS Office) and OJP, make funding available for various criminal justice purposes

through the annual CTAS. In addition, other programs such as NCHIP and NARIP provide funding

for specific purposes. Intertribal regional consortiums are eligible to apply for participation in

TAP.

While the report recommends that Tribal law enforcement agencies submit fingerprints to

conduct background checks for potential law enforcement hires, currently any law enforcement

agency may conduct an Interstate Identification Index (III) name-based check using the

appropriate purpose code for criminal justice employment. A fingerprint-based check provides

positive identification, and law enforcement agencies may submit fingerprints to the FBI for this

purpose at no cost.

In addition, pursuant to 25 U.S.C. § 3207, Tribes receiving funding under the Indian Self-

Determination and Education Assistance Act (ISDEAA), 25 U.S.C. §§ 5301 et seq., or the Tribally

Controlled Schools Act, 25 U.S.C. § 2504, may access FBI CJIS systems to conduct criminal

history records checks of Tribal government employees who have regular contact with or

control over Indian children, as well as background checks by Tribal social services agencies for

foster care placements in Tribal court proceedings.

Commission Recommendation B2: The DOJ and BIA must encourage, incentivize, and ensure

that domestic violence criminal and civilian restraining orders and criminal convictions are

entered into NCIC/NGI so that repeat offenders who move through multiple Tribal jurisdictions

to evade accountability can be tracked, restrained, and prosecuted, as warranted. Tribes must

use NCIC to access information about individuals. Both LE and Tribal courts, including family

courts, will require training and support to do so. BIA audits, which are administered for 638

grant programs, include this in their reviews but for self-governing Tribes, court evaluations and

other tools will need to be used to monitor compliance. Furthermore, a single entity must lead,

track, and follow up to ensure every Tribe has such capabilities, regardless of their kind of LE

program. Smaller Tribes will need a central clearinghouse or means to utilize given highly

constrained resources. Lastly, with these changes, Tribal data sovereignty must be respected.

Response: DOJ ensures access to federal databases across jurisdictions and widely encourages

courts and law enforcement agencies to enter domestic violence criminal and civilian

restraining orders and criminal convictions into these databases. DOJ encourages submission

from Tribal agencies in a centralized manner, primarily through TAP. The purpose of TAP is to

enhance the ability of Tribal governments and their authorized agencies to access, enter

information into, and obtain information from national criminal information databases. TAP

enables Tribes to participate in the exchange of critical public safety data while allowing them

to determine what information to share.

To encourage Tribes to enter protection orders entitled to full faith and credit into NCIC and

thereby provide for nationwide coverage, DOJ has been systematically communicating with

each Tribe participating in TAP to assess whether and how frequently they are using TAP to

enter their protection orders into FBI CJIS systems. These assessments include identifying and

addressing barriers to entering orders, including making sure that the correct staff have been

trained to enter orders, and reviewing Tribal codes and protection order forms, if requested by

the Tribe. Tribes are offered webinar training and one-on-one technical assistance to help them

address the identified barriers and more effectively use TAP to enter their protection orders

into NCIC.

These efforts have had measurable results. Since TAP’s inception in 2015, there has been a 27%

average annual increase in the number of protection orders entered using TAP, with a total of

4,572 orders entered, both temporary and full. Over the years, TAP has also had a 38% average

annual increase in use of the NCIC field, indicating that a Tribal protection order serves as a

qualifying prohibitor for possessing a firearm under federal law.

DOJ also supports training and technical assistance for Tribal law enforcement and courts, as

well as non-Tribal jurisdictions, on issuing and enforcing protection orders entitled to full faith

and credit. DOJ’s National Indian Country Training Initiative (NICTI) sponsored a webinar on full

faith and credit for protection orders issued by Tribal courts in July 2023. In addition, DOJ’s

OJP/BJA funds the Tribal Law and Policy Institute to provide training and technical assistance in

this area, in addition to the OVW-funded National Center on Protection Orders and Full Faith &

Credit. A joint OVW-OJP/BJA award to the Rural Alaska Community Action Program supports

collaboration between the State of Alaska and Tribal organizations to develop and provide

training on issuance and enforcement of Tribal protection orders. Finally, OVW funds training

and technical assistance for the DOJ-created Intertribal Technical-Assistance Working Group on

Special Tribal Criminal Jurisdiction (ITWG), a group of Tribal representatives who exchange

views, information, and advice about how Tribes may exercise the jurisdiction.

The importance of submitting Tribal court records (including protection orders and domestic

violence convictions)—and mechanisms to facilitate that submission—to national databases

like NCIC are frequent topics of discussion and training at ITWG meetings. In FY 2023, OVW also

began funding a training and technical assistance project to support an Alaska-specific ITWG

where similar activities related to the Commission’s recommendation are expected to be

addressed.

Furthermore, the FBI’s Biometric Services Section will continue providing assistance to Tribal

agencies with NGI system connectivity and fingerprint transactions to ensure identity history

information is maintained and updated on a continual basis.

An integral component to working with TAP is providing Tribal justice systems with the

personnel to input and collect information necessary to enter protection orders, Tribal court

orders, warrants, and other court-related documents. BIA/OJS Tribal Justice Support (TJS)

provides annual funding for these “input” clerk positions, which are absolutely necessary for

the effective use of TAP. In addition, TJS provides funding for Tribal peer-to-peer training for

these positions, which includes a hands-on training.

Commission Recommendation B3: Unlike most LEAs in the United States, many death

investigators and ME/Cs around the country do not have access to NCIC and do not upload data

into NamUs. To date, states have controlled who has access to NCIC. NCIC and NamUs have

demonstrated that they are essential tools for solving missing person, unidentified person, and

unclaimed person cases. The lack of access to these systems is a barrier. If the systems put in

place are used to their fullest potential, the unidentified stands a much better chance of being

resolved. Congress must enact legislation authorizing death investigators and Medical

Examiners/Coroners (ME/C) offices to access NCIC. The legislation must also require using

NamUs for long-term missing and unidentified cases (over 120 days).

Response: While the recommendation is primarily directed at Congress, DOJ wishes to clarify

that, based on the CJIS Advisory Policy Board recommendation and approval from the FBI

Director, since 1994 medical examiners and coroners have had authorized access to the NCIC

Missing Person and Unidentified Person Files.

Commission Recommendation B4: The BIA MMU must annually compile, maintain, update, and

distribute to the Tribes a listing of all AI/AN individuals known through NamUs, NCIC, and any

other sources who are actively missing. It shall also be distributed to Tribally-based and AI/AN-

led community organizations, U.S. Attorneys’ Offices, state LE, and others as appropriate. BIA

MMU shall provide clear and effective means, in return, for receiving additional information or

data from non-governmental sources, such as MMIP and HT chapters. In addition, BIA MMU

must explore if, when, and how to do a similar sharing with those who are human trafficked

while addressing the need for privacy and protection. Finally, BIA MMU must provide quarterly

reports to local Tribes and Tribal agencies, and the local USAO data on the number of victims

served, number of open cases and number of closed cases during the quarter, victim

demographics, types of victimization, and types of services provided, etc. by creating within 90

days an MMU specific report form similar to the OVC Victim Assistance Formula Grant Program

Performance Measures (OVC Performance Measures).

Response: The BIA MMU has established a comprehensive case reporting system that is

accessible to the public; Tribal, state, and federal entities; and non-government partners. This

system allows for the reporting of new cases and the submission of information crucial to

ongoing investigations. It also allows Tribes to obtain information on cases for their respective

areas. If more specific data is needed by the Tribes, a request can be made to MMU and specific

data can be generated. These requests will open direct communications with Tribes to share

what resources MMU can bring to assist with missing or murdered persons cases. Available

reporting channels include the MMU email address, the Tip411 text system, a 1-800 call-in

number, and direct reporting to the BIA MMU. This reporting process has been operational

since MMU’s inception in April 2021. Furthermore, efforts are under way to enhance the

accessibility of case statistical data through the MMU website.

Currently, the MMU generates an annual end-of-year report, presenting comprehensive

statistical data on cases, including status, dispositions, and the number of cases across U.S.

states. This report also highlights cases where outcomes can be shared with the public,

prioritizing the protection of individuals' identities.

While the MMU does not have direct access to the total active missing person cases database in

NamUs, NCIC, or other sources due to compatibility issues, ongoing discussions focus on data-

sharing and the potential for integration efforts. The goal is to identify potential cases within

these systems involving missing AI/AN people, where the MMU has jurisdiction or the potential

to assist investigating agencies.

In FY 2023, the MMU developed a cloud-based system called Solution Trust Accountability

Tracker (STAT). This innovative platform catalogues information on missing persons, murders,

and human trafficking cases involving AI/AN people. STAT employs a customized intake form to

collect and maintain crucial case details, including incident type, location, victim demographics,

jurisdiction, and status. This cloud-based solution enables MMU investigators to track spatial

and temporal trends in unresolved cases and facilitates the exchange of information with other

BIA offices, Tribal criminal investigation programs, and the FBI. The ultimate goal is to leverage

this information for suspect identification and to raise public awareness of the crisis facing

Indigenous communities.

COMMISSION FINDING C: In order to improve initial reporting of and responding to missing

persons and crimes, LE and other public safety personnel must achieve cooperative LE

through pooling, training, and coordination across jurisdictions and entities.

Commission Recommendation C1: BIA must advance and accelerate the BIA Special Law

Enforcement Certification (SLEC) program to ensure greater access to trained staff across state,

local, and Tribal LE to help meet the MMIP and HT need and enforce federal law, including across

state lines. Alaska Villages must be included in the definition of Indian country more generally

(see Subcommittee 6 recommendations) and then and therefore SLEC must be expanded to

include Alaska Villages and as recommended elsewhere.

Response: DOI recognizes the value in using our Special Law Enforcement Commissions (SLECs)

to leverage partner resources and strengthen the services provided to Indian Country.

BIA recently made improvements in this area to reduce processing time for SLEC requests.

When complete information is provided by the Tribe, BIA generally can process and complete

an SLEC application in one week.

The two areas identified in the BIA/OJS application process that contribute most to delays are:

(1) background investigation and adjudication verification and (2) satisfactory FBI fingerprint

clearance. The BIA requires that Tribes submit a written letter certifying that the applicant has

completed a background investigation and an adjudication letter certifying the applicant holds

a favorable clearance. Delays result when the Tribe provides neither a completed background

investigation nor proof the applicant has a favorable clearance. In this scenario, the BIA/OJS will

offer to provide technical assistance in completing the background investigation for the Tribe,

or the Tribe must conduct their own investigation and adjudication.

The background and adjudication requirements are a critical protective measure for DOI and

the communities we serve. The BIA/OJS is always looking for opportunities to improve our

processes. Accordingly, BIA/OJS intends to work with Tribes and the FBI on ways to streamline

its SLEC application procedures. Regarding the unique challenges in Alaska, the BIA SLEC

authority only applies to Indian Country as defined in 18 U.S.C. § 1151 and the only reservation

in Alaska considered Indian Country is the Metlakatla Indian Community.

To broaden BIA/OJS SLEC authority to apply to all Alaska Native Villages, a change in the statute

would be required to identify these villages as Indian Country.

Commission Recommendation C2: To improve mutual assistance, the BIA must encourage

memoranda of understanding between Tribes and non-Tribal jurisdictions (e.g., counties,

municipalities), the use of liaisons to connect Tribal and non-Tribal police, engagement in

experiential training such as ride-alongs and listening sessions with Tribal police with

certification in teaching and instruction to break down barriers.

Response: The BIA/OJS understands the benefits and fully supports law enforcement agencies

entering into mutual aid or other agreements to enhance public safety in Indian Country. The

BIA/OJS will establish an initiative within its Field Operations Division in FY 2024 to promote

mutual aid and cross-deputization agreements between Tribal and non-Tribal governments.

DOJ USAOs are interested in providing support to BIA/OJS for this initiative. This initiative will

include Tribal leadership and USAO engagement, education on building relationships between

law enforcement agencies, and best practices in Indian Country. The BIA/OJS District Offices will

meet with Tribal leaders to discuss the benefits of their own Tribal law enforcement agency

entering into mutual aid or other types of agreements with non-Indian Country law

enforcement agencies.

The BIA/OJS has experienced both successes and challenges in working with Tribal, state, and

county governments in the establishment of these types of agreements. The BIA/OJS supports

Tribal governments that exercise their authority in a manner that finds areas of mutual interest

with state and county governments to leverage additional resources that can enhance public

safety in their communities. During Tribal engagement opportunities, the BIA/OJS will provide

examples of successful cooperative agreements in Indian Country with the intent of

strengthening intergovernmental relationships.

Commission Recommendation C3: The DOJ, BIA, and DHS must support cooperative LE. One

tool to achieve this is cross-deputization across all jurisdictions (local, state, Tribal, federal).

Cross-deputization shall be encouraged whenever possible to extend the resources for MMIP

and HT cases across jurisdictions while also ensuring such cross-deputization includes

responsibilities to as well as rights with signing jurisdictions. Local and state agencies that enter

into cross-deputization agreements with Tribes should receive priority with federal grants and

funding applications. Another tool to achieve this is engagement with and participation in joint

task forces, a force multiplier for addressing MMIP and HT. Joint task forces allow the sharing of

resources, relationship building, and joint focus on key issues. Several task force models exist

but those that are most successful have dedicated, on-going funding to allow for adequate

coordination and participation by both Tribal and local LE officials, such as the Internet Crimes

Against Children Task Force.

Response: DOJ agrees that close coordination and cooperation is essential in multijurisdictional

investigations that often occur in Indian Country. For more than 30 years, task forces have

proven to be a highly effective way for federal law enforcement and Tribal, state, and local law

enforcement to work together to address specific crime problems and national security threats.

In law enforcement, “concurrent jurisdiction” may exist where a crime may simultaneously be a

Tribal, state, and federal violation, which is part of why task forces—which include participants

from different jurisdictions—have been such an effective model. DOJ concurs that coordination

is essential and will follow the FBI’s requirements for the establishment, administration, and

function of FBI task forces set forth in the Joint Task Force Policy guide.

Participating in joint task forces is integral to BIA’s approach in meeting the MMIP epidemic

head-on by fostering resource sharing, relationship building, and focused issue resolution.

Although a task force model is in the planning stages, insight on successful models emphasizes

the need for sustained coordination and dedicated funding. To ensure effectiveness, BIA is

carefully considering key elements for successful task forces and evaluating models that clearly

delineate roles, responsibilities, and shared goals. Upon eventual implementation, BIA’s aim is

to promote seamless cooperation with transparency and efficacy.

Cooperative law enforcement will remain an important strategy to address this crisis, but it

must be paired with strengthening the ability of Tribal law enforcement agencies to serve as

lead responding agencies within Tribal communities.

The United States Marshals Service (USMS) also supports cooperative law enforcement efforts

and currently deputizes (but does not cross-deputize) Tribal and BIA officers who serve on

USMS fugitive task forces. Each fugitive task force establishes its own responsibilities. If the

USMS sponsors such a deputization, then USMS supervises, controls, and has responsibility for

that deputy’s official duties. The term cross-deputization historically, has been used when

referring to requests that USMS provide a non-federal law enforcement entity (such as officers

in police departments in neighboring counties) the authority to freely work outside their

jurisdiction without USMS supervision, control, or responsibility for the convenience of those

non-federal agencies. USMS does not cross-deputize in that manner. An emphasis on cross-

deputization serves as a crucial strategy to optimize resources and strengthen collaborative

ties. Encouraging such partnerships, with a focus on balanced responsibilities and rights,

resonates with our mission.

Commission Recommendation C4: DOJ must support the expansion of state and local level

anti-trafficking task forces to welcome and integrate into the work Tribal MMIP and HT

chapters, other community groups, and Tribal LE. DOJ’s OVC must require that funded anti-

human trafficking task forces in geographic areas where Tribes are present must invite the

participation of MMIP and HT chapters and other Tribal community groups as well as Tribal law

enforcement.

Response: Included below is a compilation of ongoing efforts related to this recommendation.

DOJ’s OJP/Office for Victims of Crime (OVC) administers numerous anti-trafficking grant award

programs authorized by 22 U.S.C. § 7105(b)(2), including the Enhanced Collaborative Model

(ECM) Task Force to Combat Human Trafficking program (ECM program). With each ECM task

force, OJP/OVC makes grant awards to two co-lead grantees—one victim services provider, and

one state, local, or Tribal government or Tribal organization. The two lead partners use their

funding to establish, expand, and enhance multidisciplinary human trafficking task forces and

partnerships that focus their efforts on increased identification of victims of sex and labor

trafficking and on providing access to comprehensive victim services.

The ECM program requires grantees to develop, implement, or revise a set of written protocols

to guide overall task force functions, which include both service delivery and investigative and

prosecutorial activities. These protocols are intended to clarify, document, and formalize roles

and responsibilities, information sharing, confidentiality procedures, referrals for services, and

victims’ rights and protections. OJP/OVC recognizes that, in some cases, the disappearance or

murders of AI/AN persons may be related to human trafficking. OJP/OVC appreciates the need

to include the voices of Tribal community groups and MMIP advocates in relevant committees

or initiatives of OJP/OVC-funded anti-trafficking task forces to ensure that efforts to develop a

systemic response to human trafficking are culturally responsive and take into consideration

important issues impacting Tribal communities, such as this crisis.

OJP/OVC does not have the authority to require Tribal participation but can require that Tribes

are invited. Currently, the OJP/OVC’s ECM program encourages applications from Tribes and

Tribal organizations under two different purpose areas that can support new or expanding task

forces (see Purpose Areas 1 and 2). It also requires all task forces to ensure broad membership

and engagement with essential agencies and individuals, including survivor leaders/lived

experience experts, such as AI/AN survivors, and state-wide or local organizations that focus on

MMIP and human trafficking (HT) concerns. In the FY 2024 ECM program solicitation, OJP/OVC

will continue to encourage Tribal task force applicants to apply for funding. OJP/OVC will also

add language encouraging ECM task force applicants located in areas that include Indian

Country to partner with Tribal representatives on their proposed project.

Commission Recommendation C5: BIA MMU must build and maintain effective partnerships

with local Tribal organizations in their area of jurisdiction and support. This partnership would

enhance case investigation and resolution by combining resources of the partner organizations

to better address cases, including through data and information sharing. Partner organizations

play a vital role in connecting families to LE resources that they may not otherwise have

contacted. Such partnerships benefit not only families but also LE. Furthermore, DOJ and BIA

must encourage Tribal, local, state, and federal LEAs to build relationships with Tribally-based

organizations, in part, to leverage social media access and distribution of missing persons

information.

Response: DOJ supports the development of governmental and nongovernmental relationships

to leverage social media access to and distribution of missing persons information. Section 5(a)

of Savanna’s Act requires the Attorney General to “direct United States Attorneys to develop

regionally appropriate guidelines to respond to cases of missing or murdered Indians.”

Pursuant to that Act, all U.S. Attorneys in federal judicial districts with Tribal land developed

guidelines in consultation with Tribes and other relevant partners, including the FBI; DOI; Tribal,

state, and local law enforcement agencies; medical examiners; coroners; Tribal, state, and local

organizations that provide victim services; and national, regional, or urban Indian organizations

with relevant expertise. These guidelines have been in place since the spring of 2022. The

development of these guidelines established collaborative relationships with Tribal

organizations. As DOJ continues to refine its communication protocols in MMIP and HT-related

matters, DOJ will explore the further development of these and other relationships with Tribal

organizations to ensure that public information is readily available locally, regionally, and

nationally to disseminate via appropriate channels, including social media.

The BIA MMU has begun working with the newly created DOJ MMIP Regional Outreach

Program to establish review teams, or multi-disciplinary teams (MDTs), within the five program

regions (Northwest, Southwest, Great Plains, Great Lakes and Southeast). The goal of the

review teams is to bring together, Tribal, federal, state, and local law enforcement, FBI, DOJ

MMIP prosecutors/coordinators in USAOs, MMU, and other selected professional resources.

Review teams may conduct assessments for cases for their respective Indian Country

jurisdictions, identify priority cases to conduct case solvability assessments, identify a lead

investigator, and develop an investigative strategic plan for investigation. The conversations

between DOI and DOJ are in the early stages and additional personnel will need to be

onboarded to support the implementation of this effort.

Commission Recommendation C6: DOJ must create an interstate, interjurisdictional cold case

network for the purposes of identifying unidentified, deceased AI/AN peoples and missing

Public Law 116-165 Section5(a).

AI/AN peoples wherever the body is found and regardless of where the missing persons’ report

was filed.

Response: The FBI’s existing Violent Criminal Apprehension Program (ViCAP) satisfies this

recommendation. Established in 1985, ViCAP is the only national level

(interstate/interjurisdictional) case linkage database and maintains the largest investigative

repository of major violent crime cases in the United States. It is designed to collect and analyze

information about homicides, sexual assaults, missing persons, and other violent crimes

involving unidentified human remains. ViCAP crime analysts provide free criminal investigative

and analytical support to federal, state, local, campus, Tribal, and foreign law enforcement,

intelligence, and security agencies. Additionally, ViCAP utilizes automated algorithms to identify

potential linkages between cases by comparing relevant similar attributes and generating a list

of possible leads. ViCAP crime analysts perform confirmatory analysis on all automated leads.

ViCAP has established partnerships with DOJ’s Sexual Assault Kit Initiative, NamUs, and NCMEC.

ViCAP has the technical capability to incorporate additional cases into the database and

perform automated case linkage analysis but would need to expand staffing to provide

additional analysis beyond an automated linkage evaluation.

The FBI’s Crimes Against Children and Human Trafficking Unit is also devoted to investigating

cold case crimes against children and has created a Child Crimes Cold Case Initiative to leverage

advances in investigative technology to resolve cold case crimes against children.

Finally, extensive efforts are being made to increase Tribes’ awareness of the FBI’s Biometric

Services Section Deceased Persons Identification (DPI) Services. Outreach occurs through a

variety of targeted methods, including direct response to news stories, email inquiries,

conferences, and Tribal law enforcement and community support references. There are three

Tribal members on the DPI Best Practices Focus Group. In addition to Native law enforcement

agencies, federal, state, local, and international partners are working together in some

communities to resolve unknown deceased cases. A cold case network does exist, and more

Tribes are becoming aware of how to use the network to assist with their cases. Missing person

cases are hindered by under-reporting of missing persons by all law enforcement agencies to

the National Crime Information Center Missing Person File and the Next Generation

Identification System. FBI staff continues to reach out and encourage agencies to submit this

information to the national systems, including NamUs.

Commission Recommendation C7 (see also Subcommittee 4 recommendations): DOJ and DOI

must expand training resources to all LE at all levels and provide clear accountability

mechanisms for implementation regarding the following:

1. Best practices for conducing [sic] missing persons investigations, including establishing

after-action-reports to confer and check in with the families and missing person, if living,

and identify lessons learned for continuous improvement of the LE response to such cases.

2. Understanding legal responsibilities toward MMIP and HT, including such matters as timely

entry of information into the NCIC and how to take and enter a missing person’s report,

and other matters.

3. How to handle culturally appropriate notifications of death and be encouraged to partner

with victim specialists, MMIP and HT chapters, and others to do so in a sensitive and

culturally appropriate way that does not further increase trauma of a traumatic event.

4. What questions to ask and evidence to gather when human remains are identified to

increase the chances of identifying the victim later.

5. Cultural and legal awareness and competence training for those who touch Tribal

communities including training in Indian law, role of various agencies and programs, and

critiques of such including TLOA and Broken Promises Report (and this Commission’s final

Report).

6. DOJ’s NICTI must develop and implement a five-year training plan involving forensic

training for federal and Tribal LE, ME/Cs, and death investigators. In addition to

substantive information on missing persons, homicides, and trafficking in person, the

curriculum must provide information on how to investigate and prosecute these cases

effectively.

7. Increase training resources for young people regarding internet safety, stalking, domestic

violence, runaways, trafficking, and other matters to help instill self-agency in keeping

themselves safer.

Response: DOJ is committed to expanding training resources to all law enforcement on MMIP

and HT topics, including the areas described in Recommendation C7. Numerous components

within DOJ (i.e., COPS Office, NICTI, OJP/Office of Juvenile Justice and Delinquency Prevention

(OJJDP), OJP/OVC, OVW, and others) provide training resources to law enforcement, including

on MMIP- and HT-specific topics. In response to the Commission’s request for a compilation of

existing resources, the following is a non-exhaustive list of trainings and resources that DOJ

offers that address the specific areas detailed in Recommendation C7.

• The COPS Office funded the University of North Texas and University of Tennessee to

develop and deliver technical assistance to Tribal law enforcement on unresolved

missing or murdered Indigenous person cases. The technical assistance involves

supporting Tribal law enforcement agencies in developing unresolved case efforts to

identify, prioritize, and renew investigations to resolve and prosecute cases involving

AI/AN victims and/or occurring on Tribal lands. The project also produced a publication,

Unresolved Cases: A Review of Protocols and Resources for Supporting Investigations

Involving American Indians and Alaska Natives, which compiles best practices and

resource guides to assist Tribal, state, and local law enforcement agencies in reviewing

and investigating unresolved (or “cold”) cases. Protocols for communications, record-

keeping, and trauma-informed victim services; databases of personal and ballistic

information; and physical evidence including DNA, fingerprints, and forensic dentistry

are all detailed.

• Under the COPS Office’s Collaborative Reform Initiative Technical Assistance Center

(CRI-TAC), a new training program, Volunteer Engagement for American Indian and

Alaska Native Missing Person Cases, was recently launched. The course introduces the

basic elements and practices for creating a volunteer engagement program to support

law enforcement and communities in responding to emergent missing person cases.

Every agency, Tribe, and missing person situation will have different needs and

challenges. This training will provide Tribal stakeholders with options and considerations

while building a volunteer engagement program to meet their unique needs.

This training program includes two components: a 90-minute leadership kick off

meeting and an 8-hour training that introduces the practices and strategy for

developing, implementing, and maintaining a volunteer engagement program. This

training can be delivered in person or virtually. The training was developed for Tribal

leadership, Tribal members, Tribal/local/state/federal law enforcement partners,

community victim advocates, and other stakeholders who might be involved in

emergent missing person cases. It is intended primarily for those who will have a role in

developing and managing a volunteer program to be involved in emergent missing

person cases.

• The COPS Office, in partnership with Fox Valley Technical College, is in the process of

developing a new Public Law 280 training course for law enforcement. Tentatively titled

“P.L. 280 and Promising Practices for Effective Multijurisdictional Collaboration,” this

training will provide an in-depth understanding of Public Law 280 and promising

practices to ensure compliance with the law. The training will cover the history of Public

Law 280, its provisions, and its implications for law enforcement agencies in Indian

Country. The training will also focus on promising practices to address community

policing, cultural awareness, and collaboration between Tribal and non-Tribal law

enforcement agencies.

• The COPS Office, in partnership with Fox Valley Technical College, is in the process of

developing a new cultural awareness curriculum for law enforcement. This course will

seek to strengthen the relationships between local law enforcement and the Tribal

jurisdictions they protect. Through discussion, lecture, and group activities, law

enforcement will explore Tribal history and learn to recognize the unique cultures of

specific Tribes in their area. With an emphasis on tolerance and anti-bias policing

practices, participants will explore interactions between Tribal members and law

enforcement and discuss strategies for improved relations. Participants will identify

community stakeholders and opportunities for collaborative partnerships between law

enforcement and Tribal communities. Case studies and scenarios will be reviewed to

identify successful strategies to help eliminate bias and intolerance.

• DOJ also shares training and other resources for law enforcement on MMIP and HT, as

well as other topics on the following sites:

o DOJ MMIP website, Resource Basket for Law Enforcement. This site includes

resources to help law enforcement agencies and officers when a person goes

missing. Resources cover reporting missing persons, engaging the community

and other agencies, finding financial assistance and resources, as well as

information for law enforcement officers and law enforcement officer mental

health and wellness. These resources provide guidance on alert and reporting

systems, how to find examples of Tribal Community Response Plans, how to get

technical assistance, opportunities to collaborate with other law enforcement

officers, and resources from the FBI, among many other topics. Armed with

these resources, law enforcement agencies and officers can enhance their

responses to missing person incidents and build trust with their local

communities.

o DOJ’s Tribal Justice and Safety website, Training and Technical Assistance. DOJ

provides training and technical assistance (TTA) to further practical and

specialized knowledge to implement and enhance justice system efforts. DOJ

supports training and technical assistance that is both specifically geared toward

Tribes and across broader topic areas. On this page, DOJ provides subject

matter-based training and technical assistance across topic areas that include

law enforcement.

• DOJ’s NICTI was launched in July 2010 to ensure that DOJ prosecutors—as well as state

and Tribal criminal justice, social service, and health care personnel—receive the

training and support needed to address the challenges relevant to Indian Country

investigations and prosecutions. The NICTI is located at the National Advocacy Center

(NAC), a nationwide training center operated by DOJ in Columbia, South Carolina. The

NAC is the premiere federal training institution for teaching legal and leadership skills to

DOJ personnel and the broader government community. The NICTI hosts residential

courses at the NAC each year, prepares and delivers distance education products, and

authors and disseminates written educational materials. All NICTI training is offered free

of charge. In addition, the NICTI coordinator teaches at many Tribal and federal events

every year. The NICTI prepares a two-year training calendar; however, the scheduled

course list is subject to adjustments due to emerging issues, DOJ priorities, and funding

available to host training.

• Since the passage of the Not Invisible Act and Savanna’s Act, both in 2020, the NICTI has

invested heavily in providing training to law enforcement and other criminal justice and

social service professionals on issues related to missing person cases. For example, the

NICTI hosted the following webinars:

o Strategies for Developing a Coordinated Response to the Issue of Missing or

Murdered Indigenous Persons

o MMIP: Necessity of the Medical Forensic Examination for Survivors

o Missing Persons, Ambiguous Loss, Reintegration: How It All Fits Together

o Death Investigations

o Unresolved (Cold) Case Investigations—Parts I and II

o Unresolved (Cold) Case Tabletop Exercise

o Symposium: Missing or Murdered American Indians and Alaska Natives

o Assessing the Scope of Missing Native Americans in Nebraska: Results From a

State-Wide Study and Recommendations

o Tribal Justice, Safety, and Wellness Summit

o FBI Albuquerque’s Missing or Murdered Indigenous Persons Initiative

o The Forensic Evaluation of Strangulation and Gunshot Wound Cases

• The Department of Justice Journal of Federal Law and Practice (DOJ Journal) is published

six times a year by EOUSA. Each issue focuses on a legal or technical topic of interest to

attorneys at DOJ and to others involved in criminal justice. The January and March 2021

issues of the DOJ Journal were focused on topics related to Missing or Murdered

Indigenous Persons. The DOJ Journal is a free publication available to the public.

o The January 2021 DOJ Journal issue is titled Missing or Murdered Indigenous

Persons: Law Enforcement & Prevention

(https://www.justice.gov/usao/page/file/1362691/download).

o The March 2021 issue is titled Missing or Murdered Indigenous Persons: Legal,

Prosecution, Advocacy, & Healthcare

(https://www.justice.gov/usao/page/file/1383296/download).

• OJP/OVC-funded the TraffickSTOP program, a human trafficking identification and

prevention curriculum for high school students. OJP/OVC grantee, the National White

Collar Crime Center, trains school resource officers and other law enforcement

representatives to deliver this curriculum in select schools. Facilitators guide students

through discussion and activities with support from their school and community. More

information and resources are available on the TraffickSTOP program website.

• In 2021 OJP/OVC released Child Victims and Witnesses Support Materials, which offers

free creative and interactive materials to assist children and youth, and the caregivers

and professionals who help them, as they navigate the judicial system. OJP/OVC

supported this resource out of the National Network to End Domestic Violence,

although it is not youth-specific. It was originally created from an OJP/OVC grant in 2011

and was updated in 2021 via another 2019 OJP/OVC cooperative agreement.

• OJP/OJJDP’s Internet Crimes Against Children Task Force Program released a law

enforcement guide and a victim resource sheet for law enforcement and education

professionals, child advocacy practitioners, and parents, to share with youth victims of

sextortion.

o Law enforcement guide for sextortion victims

o I am a victim of sextortion, what can I do?

• Developed with funding support from OJP/OJJDP, the NCMEC Safety Pledge website

provides free resources to help parents, educators, and caregivers learn more about the

risks that children face online and how to respond safely.

• NCMEC launched a free online tool to support victims of online child sexual exploitation

called Take It Down. This platform helps users remove online sexually explicit photos

and videos taken of them while under 18 years of age. The tool generates a unique

digital fingerprint—a “hash value”—that identifies copies of sexually explicit images or

videos. The initiative includes a public service announcement, produced by NCMEC, that

will appear on television and online platforms that youth frequently visit. Users may

remain anonymous while using the service. NCMEC’s website offers additional resources

about digital safety for youth, parents, communities, and educators including:

o NetSmartz’s “Internet Safety At Home” tip sheet.

o NetSmartz’s “Into the Cloud” toolkit.

o The Internet Crimes Against Children (ICAC) Task Force Program’s Sexting Tips

and Resources for Parents & Youth

o ICAC’s Sextortion Infographic

• OJP/OJJDP internet safety resources and webinars

o Model Programs Guide: Internet/Technology Crime and Safety

o NCMEC Launches Tool To Help Remove Explicit Online Images of Youth (March

2023)

o OJP/OJJDP Observes Safer Internet Day (February 2023)

o Trauma-Informed Approaches to Victims of Technology-Facilitated Crime

(October 2022)

o Multi-Level Approach to Preventing Child Exploitation (August 2022)

o Helping Youth Navigate Dangers in the Digital Age Webinar (February 2022)

o Sexting and Sextortion: Keeping Kids Safe Webinar (November 2014)

o Office of Justice Programs: Internet Safety Special Feature: Online Safety for

Youth

o Internet Crimes Against Children Task Force Resources:

 Internet Safety

 #StartTheConversation Teens and Screens

 #StartTheConversation Cyberbullying

 #StartTheConversation Toddlers Tech

• OJP/OJJDP teen dating resources

o Model Programs Guide Literature Review: Teen Dating Violence

o Teen Dating Violence: Guidance for Judges Issuing Relief for Teen Victims of

Dating Violence

o Dating Violence Reported by High School Students, 2019

• NCMEC is one of OJP/OJJDP’s largest grantees. NCMEC has provided training resources

for children, teens, and their adult caregivers for decades in the areas of internet safety,

those who voluntarily go missing, and human trafficking. In addition, through

OJP/OJJDP’s ICAC Task Force program, significant resources are made available to the

public regarding internet and online safety. Those efforts are ongoing and include

regular updates to address new technology and threats. Those resources can be found

at www.ojjdp.ojp.gov/programs/missing-and-exploited-children,

https://www.missingkids.org/home, and

https://icactaskforce.org/resource/RS00135444. OJP/OJJDP will work with NCMEC and

the ICAC program to determine if there are any issues that could be addressed

specifically for Tribal youth.

• OVW funds the National Network to End Domestic Violence’s Safety Net project to

provide technical assistance and training to grantees to address how technology issues

impact the safety, privacy and accessibility rights of victims of domestic violence, dating

violence, sexual assault, and stalking (https://nnedv.org/content/technology-safety/).

Most recently, the Safety Net project developed resources and tools for teens. Its Teens

and Technology resources include “Uses and Misuses of Popular Apps” and “Five Truths

About Dating at a Distance.” OVW also funds the Stalking Prevention, Awareness and

Resource Center, which just announced a new project called Just Tech: Investigation and

Prosecution of Online Abuse. Just Tech will provide practical, accessible training and

technical assistance on the investigation and prosecution of online abuse—including

image exploitation. Targeting prosecutors and law enforcement officers, Just Tech aims

to increase the likelihood of positive case outcomes and victim experiences, as well as

address the disproportionate impact of online abuse experienced by underserved

communities.

• The 2022 reauthorization of the Violence Against Women Act included provisions

addressing cybercrimes against individuals, including new grant funding for a resource

center and law enforcement projects for prevention, enforcement, and prosecution of

cybercrimes against individuals. OVW plans to issue solicitations in FY 2024 for both

programs, and Tribal governments are eligible for the new law enforcement grants.

• OVW funds the Idaho Coalition Against Sexual and Domestic Violence to implement the

Rural Teen Dating Violence Project, which focuses on increasing the capacity of rural

victim service providers—including Tribal organizations—to provide services to youth

who are at risk of or have experienced teen dating violence. Training and technical

assistance under this project addresses teen dating violence prevention and

intervention, outreach strategies, and effective youth advocacy in rural communities,

including Tribal communities. Training materials can be found at

https://idahocoalition.org/downloads.

• Separately, BIA/OJS’s United States Indian Police Academy has developed and delivered

several advanced courses to support the training needs of MMU/HT across multiple

jurisdictions to include federal, state, local, and Tribal. These courses include Basic

Search and Rescue, Indian Country Criminal Investigator Training Program, DEC

Awareness Human Trafficking, Search and Rescue Level 2, Forensic Handwriting

Analysis, Prescriptive Interview & Interrogation, Cold Case Investigation, Law

Enforcement BIA Missing Persons Unit, Law Enforcement Missing Person DNA

Investigations, Law Enforcement National Center for Missing /Exploited Children, and

Law Enforcement Genetic Genealogy & Resources. The total law enforcement trained in

the courses listed above for FY 2023 is 233.

DOJ remains committed to ensuring that training opportunities meet Tribes’ needs and looks

forward to working with Tribes to continually improve these opportunities.

COMMISSION FINDING D: In order to improve initial reporting of and responding to missing

persons and crimes, states must adopt federal Savanna’s Act Guidelines.

Commission Recommendation D1: DOJ must incentivize states to abide by DOJ Savanna’s Act

guidelines, understanding that each U.S. Attorney’s Office maintains its own public guidelines.

This recommendation aims to induce states to abide by the guidelines Federal and Tribal

governments must follow in missing, murdered, and trafficking case investigations. Uniformity of

guidelines across jurisdictions will result in more systematic and effective investigations and case

resolutions. Furthermore, sufficiently funding MMIP and HT DOJ staff at the district level will

help advance this work.

Response: On October 10, 2020, Savanna’s Act was signed into law to improve the federal

government’s response to missing or murdered AI/AN people. Section 5(a) of the Act requires

the Attorney General to “direct United States Attorneys to develop regionally appropriate

guidelines to respond to cases of missing or murdered Indians.” Such guidelines vary by federal

judicial district, as each USAO tailored them to the specific circumstances of the district,

including the presence of Indian Country or Tribal land; the relative size of Indian populations;

the type of federal, state, local, and Tribal law enforcement resources within a district; and the

proximity to Indian Country in other districts.

Pursuant to the Act, USAOs created their individual district’s guidelines with input from Tribes

and other partners, including the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF); DOI; Tribal, state, and local law enforcement agencies; medical examiners; coroners;

Tribal, state, and local organizations that provide victim services; and national, regional, or

urban Indian organizations with relevant expertise. All USAOs in federal judicial districts with

Tribal lands—including where the state has jurisdiction over crimes committed in Indian

Country under Public Law 280 or another statute—have had these guidelines in place since the

spring of 2022.

DOJ encourages Tribal, state, and local law enforcement agencies to adopt their own guidelines

for responding to MMIP. Section 5(c)(3) of the Act allows Tribal, state, or local law enforcement

agencies to voluntarily submit guidelines for responding to MMIP cases to DOJ. In accordance

with Section 5(d) of the Act, DOJ will publish on its Tribal Justice and Safety website the name

of each Tribal, state, and local law enforcement agency that submits MMIP guidelines for

recognition. Agencies seeking the Department’s review of their guidelines may submit them via

email to [email protected]. Further, DOJ will add those plans, as well as any

plans submitted by Tribal governments under Section 5(f), to a JusticeConnect site on the CJIS

Law Enforcement Enterprise Portal (LEEP), which makes guidelines available as a resource to

federal, state, local, and Tribal law enforcement agencies. More information can be found at

https://www.justice.gov/tribal/mmip/SavannasAct#federalprotocols.

The newly created MMIP Regional Outreach Program, which is supported by district-level MMIP

staffing, is available to help USAOs update and refine Savanna’s Act guidelines in addition to

other MMIP-focused work. As part of this effort, the Program may also collaborate with USAOs

and the NICTI to provide further training and technical assistance, as needed, to state agencies

in an attempt to provide uniformity in guidelines across jurisdictions.

COMMISSION FINDING E: The lack of clarity on how and when missing person’s reports are

filed, in what jurisdiction, and who assumes responsibility creates great confusion for family

members and friends and often delays the response to missing persons which in turn increase

the missing person’s risk of harm.

Commission Recommendation E1: No law enforcement agency (LEA) should impose jurisdictional

restraints for taking a missing person’s report to ensure a response for all, including transient

individuals. The process for filing of a missing person’s report and the follow up by LE is highly

variable, confusing to families and friends, and often leads to confusion between jurisdictions if

not abject failure for a LE entity to assume responsibility. LE shall be accountable for clarifying

for community members how the investigation of cases in which the jurisdiction where a

missing person was last seen differs from the location where the missing person is from/resides.

LE should be communicating consistently with families about where ultimate jurisdiction lands

after initial reporting. The onus should be on LE to take a report if there is any possibility that it

might touch on their jurisdiction rather than place the burden on the reporter to find the right

jurisdiction.

Therefore, DOJ, through Savanna’s Act authorities, must develop best practices for local, state,

and Tribal LE on how to engage with other jurisdictions and be responsible to missing persons

reports wherever they might be filed, wherever the missing person may have been last seen,

and whomever the missing person may be (age, race, ethnicity, substance abuse status, past

criminal record, and so forth). Furthermore, DOJ must create a process for local LE to reach out

to DOJ/FBI on MMIP and HT. Tribal LE shall be treated equally and involved actively in Fusion

Centers to share information, which are owned by the state, designated by a governor, and

funded by Department of Homeland Security. (https://www.dhs.gov/fusion-center-locations-

and-contact-information). DOJ must establish a shared and common protocol such that when

someone calls in a missing person, it is on the LEA to do the work on the backend to figure out if

any other agencies need to be involved and to contact them – this process must not rest on the

victims or their families. This recommendation would help to determine from the outset the

agency or agencies to which an individual should report missing persons case by detailing the

agency with responsibility for the case, which may lead to improved or quicker initiation of case

investigation and overall improved response to missing persons cases. This recommendation is

particularly pertinent to cases in Indian country where there is “checkerboard” jurisdiction and

to Alaska with numerous remote villages.

Response: DOJ encourages collaboration to address the issues of MMIP and HT, and values

collaboration with federal, state, local, and Tribal law enforcement, as well as with other

partners, to address coordination, which is also discussed in additional detail in the responses

to Recommendations C7 and D1. This recommendation anticipates work that may take place

under existing DOJ efforts. For example, on October 10, 2020, Savanna’s Act was signed into

law to improve the federal government’s response to missing or murdered AI/AN. Section 5(a)

of the Act requires the Attorney General to “direct United States Attorneys to develop

regionally appropriate guidelines to respond to cases of missing or murdered Indians.”

Pursuant to Savanna’s Act, the regionally appropriate guidelines must address six different

areas, including guidelines on inter-jurisdictional cooperation among Tribal, federal, state, and

local law enforcement agencies and guidelines on improving law enforcement agency response

rates and follow-up responses to cases of missing or murdered Indians. Nonetheless, such

guidelines vary by federal judicial district, as each USAO tailored them to the specific

circumstances of the district, including the presence of Indian Country or Tribal land; the

relative size of Indian populations; the type of federal, state, local, and Tribal law enforcement

resources within a district; and the proximity to Indian Country in other districts.

Pursuant to the Act, USAOs created their individual district’s guidelines with input from Tribes

and other partners, including the FBI; DOI; Tribal, state, and local law enforcement agencies;

medical examiners; coroners; Tribal, state, and local organizations that provide victim services;

and national, regional, or urban Indian organizations with relevant expertise. All USAOs in

federal judicial districts with Tribal lands, including where the state has jurisdiction over crimes

committed in Indian Country under Public Law 280 or another statute, have had these

guidelines in place since the Spring of 2022.

In addition to USAO guidelines developed in response to Savanna’s Act, several USAOs have

assisted Tribes in their districts with the development of Tribal Community Response Plans

(TCRPs). A TCRP outlines protocols or guidelines tailored to each Tribal community’s needs,

resources, and culture to assist a Tribe’s response to emergent missing person cases. Tribes

typically develop TCRPs in collaboration with a variety of community stakeholders, including

law enforcement, prosecutors, elected leaders, and child welfare organizations. Federal law

enforcement, including USAOs, FBI, and BIA, have been actively involved in the development of

TCRPs for several Tribal communities. Pursuant to the President’s Executive Order 14053,

Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of

Missing or Murdered Indigenous People, USAOs will continue to “promote coordination of

Federal, State, local, and Tribal law enforcement, including, as appropriate, through the

development and support of Tribal Community Response Plans.”

To that end, the DOJ-authored Guide to Developing a Tribal Community Response Plan for

Missing Person Cases provides guidance for Tribal governments and USAOs, working with other

partners, to develop a TCRP. Informed by input from Tribal leaders, Tribal law enforcement, and

other community members, the guide includes four sections to help develop specific parts of a

community response plan:

• Developing Law Enforcement Agency Response Guidelines

• Developing Victim Services Response Guidelines

• Developing Media and Public Communications Response Guidelines

• Developing Community Outreach Response Guidelines

Additional information about TCRPs can be found at

https://www.justice.gov/tribal/mmip/tribal-community-response-plans.

Further, to assist Tribes with critical data sharing, DOJ launched TAP in August 2015, and it has

expanded TAP yearly to provide Tribal access to national crime information systems for

federally authorized criminal justice and non-criminal justice purposes. TAP is formally

authorized by Congress “to enhance the ability of Tribal governments and their authorized

agencies to access, enter information into, and obtain information from national criminal

information databases….” 28 U.S.C. § 534(d)(2)(A). TAP allows selected federally recognized

Tribes to serve and protect their nation’s citizens by ensuring more effective exchange of

critical data across CJIS systems and other national crime information systems. There are

currently over 400 Tribal government agencies representing 132 Tribes participating in TAP.

More information about DOJ’s TAP program can be found at

https://www.justice.gov/tribal/tribal-access-program-tap.

Finally, DOJ encourages Tribal, state, and local law enforcement agencies to adopt their own

guidelines for responding to MMIP. Section 5(c)(3) of Savanna’s Act allows Tribal, state, or local

law enforcement agencies to voluntarily submit guidelines for responding to MMIP cases to

DOJ. In accordance with Section 5(d) of Savanna’s Act, DOJ publishes on its Tribal Justice and

Safety website the name of each Tribal, state, and local law enforcement agency that submits

MMIP guidelines for recognition. In addition, agencies seeking DOJ’s review of their guidelines

may submit them via email to [email protected]. Further, DOJ will add those

plans, as well as any plans submitted by Tribal governments under Section 5(f), to a

JusticeConnect site on the CJIS LEEP, which makes guidelines available as a resource to Federal,

state, local, and Tribal law enforcement agencies. More information can be found at

https://www.justice.gov/tribal/mmip/SavannasAct#federalprotocols.

DOJ defers to DHS on the references to fusion centers in this recommendation.

Commission Recommendation E5: LE has highly constrained abilities to obtain search warrants

or subpoenas for internet service providers and telecommunication records for missing person

investigations that are not initially or obviously criminal in nature but where there is a concern

about risk, threat, or harm for the missing person. Currently, an investigator must show an

indication of criminal activity to get a warrant.

Therefore, DOJ must undertake a report to determine if there are ways to increase LE’s tools, like

warrants or subpoenas to ensure public safety and advance missing persons searches to avoid

imminent harm or danger, while protecting Constitutional prerogatives about unwarranted

search and seizure. DOJ might explore the Commission on Accreditation for Law Enforcement

Agencies’ (CALEA) “imminent danger” standard, which may provide more leeway to interpret to

whom and when access to such information shall be granted.

Response: The FBI appreciates the recommendation from the Commission. The FBI will

continue to investigate all cases within the existing jurisdictional frameworks and work with

USAOs to ensure all legal investigative methods are explored.

COMMISSION FINDING F: Insufficient resources for search and rescue of missing persons leads

many families and communities to “foot the bill” and undertake their own search and rescue

with little to no support.

Commission Recommendation F1: Congress must increase funding for and flexibility in grants

to Indian country and Alaska Villages for search and rescue to improve search and rescue of

reported missing or murdered persons. Grants to Tribes and MMIP and HT groups must be

flexible to allow for the needs and innovation on the ground from funding Port-a-Potties during

searches to flyers and internet ads to many other necessary goods and services essential to

address missing persons more robustly. BIA must have the authority and funding to act outside

Tribal lands for search and rescue activities. This work needs to build from and integrate

extensively the role and work families and community members have and will play in the search

for their loved ones. When LE gets involved, there needs to be strong communication back to

families, including when various search efforts may be conducted by different entities. Because

jurisdictional issues remain off Tribal land, this may require MOUs or MOAs between

jurisdictions.

Response: Congress is responsible for assessing potential changes to the authorizing language of

the Tribal Victim Services Set-Aside (TVSSA) formula grant program. Since the Tribal set-aside

program began in 2018, OJP/OVC has made hundreds of TVSSA awards and increased funding

flexibilities, which now provide victim services to thousands of crime victims in hundreds of

Tribal communities. There is a fact sheet posted on OJP/OVC’s website that describes all the

currently allowable uses for this funding.

TVSSA grantees use funds to provide services to

domestic violence and sexual assault victims, pay the salaries of victim advocates, run

supervised visitation programs to allow children to stay connected to their families, provide civil

legal assistance to crime victims dealing with the repercussions of their victimization, buy

emergencies groceries or pay for emergency housing or shelter for victims, amend Tribal codes

TVSSA funds used for costs related or incidental to searching for a missing person (e.g., physical or virtual

searches) are generally unallowable under the TVSSA program, except in the following circumstances, both of

which must be present before grantees can expend funds on search activities:

1) Exigent circumstances when immediate action is required. Examples include when a missing person is a child or

an adult who has dementia or a cognitive or intellectual disability.

2) Law enforcement resources are not reasonably available (e.g., delayed by weather or geographic distance).

In these specific circumstances, certain expenses incidental to a physical search are allowable, such as

recruiting/training volunteers; purchasing search supplies (sunscreen, bug spray); fuel reimbursement or

assistance (gas cards) or light refreshments (water, protein bars) for volunteer searchers; meeting room rental to

provide space for families to meet and receive updates from law enforcement during an active search; food and

hotel costs for families participating in, or waiting to hear updates during, an active search; and rental of multi-

passenger vehicles (e.g., bus, 15-passenger vans) to transport family and search party participants to and from the

search site.

to include stronger victim protections, lease vehicles to take victims back and forth to

appointments, and hold sings and ceremonies to help victims connect back with their

communities. In accordance with EO 14112, agencies will assess additional flexibilities within

their federal programs.

Within DOI, the MMU holds the proper authority necessary to investigate missing or murdered

person cases in Indian Country as defined under 18 U.S.C. § 1151, and upon request can

provide investigative assistance and/or resources to assist other law enforcement authorities,

regardless of Indian Land Status. The development of task forces for cases involving Tribes and

Tribal members is a priority for MMU, and establishing memoranda of understanding and cross-

commission efforts with authorities involved are a common practice of the MMU. BIA/OJS does

not have grant or funding opportunities specifically for Search and Rescue (SAR). SAR

operations are joint operations with federal/state/local partners because of the limited

resources in remote areas.

COMMISSION FINDING G: Tribal LE and courts are hobbled by unfair and restrictive limitations

by federal law that treats Tribes and Alaska villages as second-class citizens and ensures

unequal treatment and lack of parity across Tribal and non-Tribal jurisdictions.

Commission Recommendation G3: DOJ policy must be changed to require that US Marshals

recognize Tribal warrants as they do state, county and local LE warrants to ensure rapid

detention of violent suspects.

Response: DOJ has developed a legislative proposal that would extend USMS’s existing

authority to execute arrest warrants—which includes investigating and executing state and

local arrest warrants for serious violent felons—to assist, at the request of a Tribe, in the

apprehension of serious violent Tribal felons.

USMS is the federal government’s primary entity responsible for apprehending violent fugitives.

It accomplishes this mission through fugitive investigations, carried out by district and regional

fugitive task forces composed of Deputy United States Marshals and task force officers drawn

from state, local, Tribal, and other federal agency law enforcement. A core mission of USMS

task force operations is the adoption and execution of federal, state, and local serious violent

felony arrest warrants in cooperation with its state and local law enforcement partners. The

authority to conduct these investigations is clearly established in 28 U.S.C. § 566, 34 U.S.C. §

41503, and DOJ policy.

The requested statutory revisions would make clear that USMS may offer Tribal governments

the same assistance in executing serious violent felony warrants that USMS has offered state

and local governments for decades and supports a consistent government focus on positively

impacting these historically underserved communities and promoting safety in Indian Country.

The recent United States Supreme Court decision, McGirt v. Oklahoma, 140 S.Ct. 2452 (2020)—

which held that the Muscogee (Creek) Reservation was never diminished or disestablished and

thus constitutes Indian Country for purposes of the Major Crimes Act

—has had implications

for other reservations in Oklahoma and has generated an increase in the number of requests

from Tribal law enforcement for assistance on Tribal violent felony warrants. This increase in

requests necessitates this proposed statutory modification to make clear that USMS has the

authority to extend the same fugitive apprehension assistance it provides to state and local

authorities to our Tribal partners.

Currently, and with the awareness and approval of DOJ’s OTJ, USMS responds on an ad-hoc

basis to individual requests from Tribes for assistance with Tribal violent felony warrants.

However, with the increasing number of outstanding Tribal felony warrants, this ad-hoc, case-

by-case approach to Tribal warrants is unwieldy and over time will not provide meaningful,

consistent, and predictable support to the Tribal Nations requiring assistance with their most

severe violent felony warrants. From a practical standpoint, public safety and existing working

relationships between USMS and Tribal authorities will be harmed if USMS is unable to assist

with the execution of a Tribal violent felony warrant where the subject poses an obvious threat

to public safety and Tribal resources are insufficient to effectuate a speedy apprehension.

Modification of 28 U.S.C. § 566(e)(1)(B) and (D), and 34 U.S.C. §§ 41503 (a) and (c) to explicitly

clarify USMS’s authority to adopt, investigate, and execute Tribal violent felony warrants will

provide much-needed support to Tribal law enforcement and enhance public safety. Adding

“Tribal” to § 566(e)(1)(B) clarifies that Tribal fugitive matters are included in the fugitive

matters to which the Attorney General can direct assistance. Adding “Tribal” to § 566(e)(1)(D)

clarifies that Tribes are among the entities that can request USMS assistance with the recovery

of missing children. And adding “Tribal” to 34 U.S.C. §§ 41503(a) and (c) clarifies that Tribal law

enforcement authorities are among the entities that can participate in fugitive apprehension

task forces.

18 U.S.C. § 1153.

Commission Recommendation G4: Given that non-Tribal courts are not always accessible or

friendly to AI/AN peoples, DOJ and BIA must explore more ways that Tribal Courts can be used

by victims of domestic violence.

Response: The Departments agree with the Commission that supporting Tribal courts is a key

part of responding to this crisis.

DOJ’s OVW funds the investigation and prosecution of domestic violence cases, including

services and support for victims/survivors. DOJ’s OJP/BJA will coordinate with OVW to explore

existing opportunities for enhanced access to Tribal courts for victims/survivors of domestic

violence. OVW offers grant funding that Tribes can use to enhance the capacity of their courts

to handle domestic violence cases. The Tribal Governments Program specifically allows grant

funds to be used to strengthen Tribal justice interventions—including courts—for domestic

violence, dating violence, sexual assault, sex trafficking, and stalking. The Special Tribal Criminal

Jurisdiction (STCJ) Grant Program supports Tribes who are interested in exercising—or are

already exercising—criminal jurisdiction over non-Indians for domestic violence offenses,

among other STCJ-covered crimes. Tribes exercising STCJ are also eligible for reimbursement of

expenses incurred, through OVW’s new STCJ Reimbursement Program, including court-related

costs, in exercising STCJ. Finally, OVW funds training and technical assistance in support of

Tribal courts, including peer-to-peer learning opportunities for Tribes interested in

implementing STCJ and intensive training for laypersons to become Tribal Court Legal

Advocates through the National Tribal Trial College and the University of Wisconsin Law School.

OJP/OVC’s TVSSA is used to help support survivors who are interacting with both Tribal and

non-Tribal court systems. For example, TVSSA funds help provide civil legal assistance to crime

victims dealing with the repercussions of their victimization; these funds can be used to cover

emergency food or housing expenses, and to lease vehicles to transport victims between

appointments.

OJP/BJA likewise provides a variety of funding options to build Tribal court capacity, including

funding that may support traditional justice systems or practices.

Additionally, DOI provides funding, training, and technical assistance to Tribal courts in their

effort to respond to domestic violence (DV) cases, not only through the criminal aspects of a

case but through child welfare and family cases that protect victims of DV. To that end, DOI

funds Tribes to host conferences focusing on Tribal court best practices, including traditional

and cultural practices. Further, DOI hosts Tribal roundtables on DV and Violence Against

Women Act (VAWA) implementation, both of which highlight best practices to address DV. DOI

also recognizes that not all Tribal justice systems are VAWA ready, so DOI provides funding for

Tribal court personnel (e.g., defenders, prosecutors, probation officers) to establish DV court

components, as well as trainings and technical assistance to address challenges such as

issuance of protective orders, entry of orders into NCIC, and technical assistance for other types

of databases.

Commission Recommendation G5: DOJ must provide funding to Tribes for the purpose of

updating their Tribal law and order codes to ensure that they can do their part in fulfilling the

spirit and intent of these recommendations.

Response: Tribes can seek funding to create or update their Tribal codes under CTAS Purpose

Area 3, which provides broad funding to develop, support, and enhance adult and juvenile

Tribal justice systems and for the prevention of violent crime and crime related to opioid,

alcohol, and other substance abuse. Additionally, under the OJP/OJJDP Tribal Youth Program,

funding can be used to update Tribal codes related to youth victimization and justice issues.

OJP/OJJDP also funds the Tribal Law and Policy Institute (TLPI), which recently released an

updated Guide for Drafting Tribal Juvenile Delinquency and Status Offense Laws.

Further, OJP/BJA administers a training and technical assistance program for Tribal courts,

offering specialized technical assistance and support to the InterTribal Working Group, which

assists Tribes implementing special jurisdiction and enhanced sentencing authorities.

Funding under OVW’s Tribal Governments Program and STCJ Grant Program (Tribal Jurisdiction

Program) can be used to update Tribal codes related to domestic violence, dating violence,

sexual assault, sex trafficking, and stalking, as well as other STCJ-covered crimes. OVW does not

have funding that is statutorily available to assist with broader code revisions related to MMIP

matters.

COMMISSION FINDING H: Tribes and Alaska Native Villages lack sufficient access to

equipment, technologies, and broadband to support initial reporting and investigation of

crimes and missing persons.

Commission Recommendation H1: Congress must fund and DOJ must undertake a six-month

study to determine the value and impact of a new national notification system for missing AI/AN

persons (legally defined as a political classification not racial under Morton v. Mancari) and/or

those specific improvements to the AMBER Alert or Ashanti Alert Systems to amplify state-

Federal- Tribal response times and the equitable treatment of AI/AN persons. The study should

consider the challenges of maintaining and using multiple alert systems, the challenges of

“alert” fatigue by first responders and the public, and the ability of any existing or new system

to operate across state lines given missing person often travel across multiple jurisdictions.

Response: On April 30, 2003, the Prosecutorial Remedies and Other Tools to end the

Exploitation of Children Today Act became law and codified existing AMBER Alert efforts at

DOJ. The AMBER Alert system began in 1996 when Dallas-Fort Worth broadcasters teamed with

local police to develop an early warning system to help find abducted children. AMBER stands

for America’s Missing: Broadcast Emergency Response and was created as a legacy to nine-

year-old Amber Hagerman, who was kidnapped while riding her bicycle in Arlington, Texas, and

then brutally murdered. Once law enforcement has determined that a child has been abducted

and the abduction meets AMBER Alert criteria, law enforcement notifies broadcasters and state

transportation officials.

On December 31, 2018, the Ashanti Alert Act of 2018 (Public Law 115-401) became law. Named

in honor of Ashanti Billie, a 19-year-old woman who was abducted and killed in Virginia in 2017,

the law establishes a voluntary nationwide communication network to aid in the search and

recovery of missing persons over the age of 17 who fall outside the scope of AMBER Alerts and

Silver Alerts (when an elderly or developmentally or cognitively impaired person goes missing).

Ashanti Alerts, once implemented, can provide for rapid dissemination of information to law

enforcement agencies, media, and the public about adults who have been reported missing,

along with suspect information in cases of suspected abduction. Ashanti Alerts could be

transmitted via wireless devices and through the Emergency Alert System. If Congress elects to

fund a study, DOJ, through its research offices at OJP, stands ready to examine gaps in existing

notification systems and assess the potential value and impact of a new national notification

system for missing AI/AN persons.

Additionally, in November 2023, President Biden signed a new Presidential Memorandum on

Modernizing U.S. Spectrum Policy and Establishing a National Spectrum Strategy, which includes

language honoring the trust relationship with Tribal Nations. The new Memorandum and Strategy

promote efficient and electromagnetic spectrum use for wireless communications and

acknowledge Tribal sovereignty in the digital era. This provides an opportunity to help shape

federal spectrum policy for the first time and further highlight ongoing public safety issues on

Tribal lands so that Tribes can self-manage digital networks and develop reliable alert systems

that are easily accessible off-reservation.

Commission Recommendation H2: Timely information sharing to the public is critical in

recovering missing persons. The state/territory Missing Child/Person Clearinghouses

(https://www.missingkids.org/gethelpnow/clearinghouses) vary throughout the country. As

such, the Commission recommends the following to standardize the Clearinghouses:

1. Expanded from "Missing Child" to "Missing Person" Clearinghouses to share information on

missing persons of all ages.

2. The public facing state Clearinghouse access must be dynamic to include searchable fields for

race, age, sex, name, city/county, and investigating agency. See Montana’s Missing Persons

Clearinghouse for an example,

https://app.doj.mt.gov/apps/missingPersonDatabase/search/search.php.

3. DOJ must fund a one-time grant to Clearinghouses to update their systems as recommended

above.

4. DOJ (and its subagencies) in concert with the National Center for Missing and Exploited

Children will collectively build an advertisement campaign to increase the understanding and

use of the Clearinghouses.

Response: As each state and territory has its own legislation that governs its clearinghouses, it

is beyond DOJ’s authority to require a state or territory to make changes to its current systems

to either expand them to all missing persons or to change its website functions.

OJP/OJJDP’s grantee NCMEC maintains a liaison with each missing child clearinghouse and

helps ensure they are familiar with the many resources available through NCMEC. NCMEC

provides missing child clearinghouses with training, technical assistance, vital information, and

other resources to help them with missing child cases. NCMEC and missing child clearinghouses

work closely together to provide resources for a comprehensive approach to child protection.

While there is no discretionary funding available to put toward advertising the 53 active

clearinghouses, OJP/OJJDP is exploring opportunities with its Tribal TTA partners to promote

public awareness.

In addition, through OJP/OJJDP’s AMBER Alert TTA program, OJP/OJJDP funds a TTA provider

that works toward supporting the AMBER Alert coordinators based within the missing

children’s clearinghouses. This includes working with the clearinghouses to improve their

AMBER Alert plans and their responses to instances of missing children, as well as working to

increase capacity within AI/AN communities to respond to incidents of endangered, missing,

and abducted children cases. This work is done through OJP/OJJDP’s AMBER Alert in Indian

Country Initiative.

Commission Recommendation H4: DOJ and DOI must provide training, support and assistance

to Tribes and Tribal LE to better use non-Tribal outlets and social media approaches to identify

missing persons. Such approaches include but are not limited to:

1. Using Tribally based organizations and their social media presence to amplify cases, needs,

and information sharing;

2. Establishing regional text message systems to notify of missing persons while focusing the

messages to the appropriate catchment area to avoid alert fatigue;

3. Utilize schools’ notification mechanisms where available that already notify parents of

various issues;

4. Provide listing of MMIP and HT chapter contacts, MMU contacts, and others to help contact

and then distribute flyers or other information on missing persons; and,

5. Collaborate with the Corporation for Public Broadcasting (CPB) on announcements regarding

MMIP and HT cases and assist with outreach of grants supporting access to CPB.

Response: DOJ’s programs regularly incorporate examples of different online resources for

spreading the word about missing persons in Indian Country. Additional information may be

found in the responses to Recommendations C5 and C7. For example, the FBI, which has

investigative responsibilities for federal crimes committed on nearly 200 Indian reservations,

maintains a public-facing website to seek public assistance and information on cases involving

missing or murdered victims in Indian Country (https://www.fbi.gov/wanted/indian-country).

Similarly, BIA’s Missing MMU also has a website that seeks tips from the public about active

cases (https://www.bia.gov/service/mmu/missing-murdered-cases).

In its training on media and press releases, NICTI has addressed the need to ensure any

information released to the public will not jeopardize or compromise an investigation.

USAOs also play an important role in disseminating information to the public. That said, there

are some limits on sharing case information. USAOs must follow DOJ policy governing the

protection and release of information that DOJ personnel obtain in the course of their work.

This policy balances four primary interests: (1) an individual’s right to a fair trial or adjudicative

proceeding; (2) an individual’s interest in privacy; (3) the government’s ability to administer

justice and promote public safety; and (4) the right of the public to have access to information

about DOJ (see Justice Manual 1-7.001). Further, DOJ employees must consider victims’ rights

when releasing information, ensuring that information released does not violate victims’ rights

to be treated with fairness and with respect for the victim’s dignity and privacy. 18 U.S.C. §

3771(a)(8).

DOJ’s OJP/OJJDP and NCMEC routinely use the media, including social media, in missing

children and youth cases, and have published

https://www.missingkids.org/content/dam/missingkids/pdfs/ncmec-utilizing-the-media.pdf. In

addition, this topic of training is covered though DOJ’s AMBER Alert in Indian Country Initiative.

Commission Recommendation H5: DHS must expand its attention to and focus on MMIP and

HT. DOJ and DOI shall work with DHS on their existing programs and how they can benefit the

MMIP and HT crisis:

1. regarding their Operation Stone Gardens and LPR systems (License Plate), identify

cameras and placement to expand to Tribes more uniformly, especially for those located

in border states;

2. identify Vigilant Solutions to disseminate through the reservations; and,

3. broaden the scope of Savanna’s Act for data collection and reporting to include DHS.

Response: DOI and DOJ commit to working with DHS to better understand DHS’s existing

programs that can address MMIP-related matters. DOJ, through the MMIP Regional Outreach

Program and USAOs with Indian Country responsibilities, will engage with DHS personnel over

the next 12 months to collaborate on ways in which DOJ and DHS can work together. Similarly,

BIA/OJS will be working with DOJ and DHS through the USAO MMIP Outreach Program to

consider this recommendation.

COMMISSION FINDING I: Innovations like improved LE case management, victim advocates,

and multi-disciplinary teams must be instituted to aid investigations across jurisdictions and

support families from initial report on through investigation and prosecution.

Commission Recommendation I1: There are currently many limitations to ensuring adequate

victim specialists are available to families in coordinated and continuous fashion across the life

of a case. There is insufficient funding and budgets across agencies and a lack of clarity on who

can and does assist when multiple jurisdictions are involved. Grant resources are lacking,

including in their award amount and their competitive nature. Smaller LEAs are seeking to fill

basic patrol positions and cannot afford victim specialists. Victim specialists are often tied to

specific crimes, such as domestic violence, making it more difficult for them to broaden their

scope of work to include MMIP and HT.

Therefore, DOJ must support through whatever means possible all LEAs to create policies that

employ and provide victim specialists or embedded social workers. Following a report of MMIP

and HT, the victim specialist shall contact the victim’s family and guide the family through the

investigative process and facilitate access to available resources. If jurisdiction changes

throughout the investigation, the victim specialist must ensure that the family is aware of the

changes and is introduced to the new agency’s victim specialist. DOJ and DOI must also improve

coordination across victim advocates and specialists among Tribal, state, DOJ, FBI, and others

through joint task forces, conferences, work groups, and other means to ensure clear roles,

support of families and survivors across the life of their case in judicial systems. The agencies

must also explore assigning a missing persons advocate, like how domestic violence advocates

are assigned.

Response: Every victim, survivor, and family that interacts with DOJ deserves to be treated in a

victim-centered, trauma-informed, survivor-informed, and culturally responsive manner. The

Attorney General Guidelines for Victim and Witness Assistance (“Attorney General Guidelines”)

provide guidance to the Department on how to fulfill its statutory obligations to victims and

witnesses pursuant to the Victims’ Rights and Restitution Act, 34 U.S.C. § 20141, and the Crime

Victims’ Rights Act, 18 U.S.C. § 3771.

On October 21, 2022, DOJ announced updated Attorney General Guidelines that specifically

reinforce how federal prosecutors and law enforcement agencies should engage with AI/AN

victims, their families, and witnesses. The revised guidelines contain a comprehensive section

dedicated to the investigation of crimes in Indian Country and best practices for providing

culturally appropriate assistance to AI/AN victims. The Attorney General Guidelines became

effective in spring 2023, and USAOs and law enforcement agencies have been working to

implement these new guidelines.

To support their implementation, in October 2022, EOUSA required every USAO to designate a

criminal Assistant United States Attorney (AUSA) to serve as its Victims’ Rights Coordinator and

work with existing USAO personnel working with victims and witnesses to further support,

promote, and advance victims’ rights and issues. Additionally, all USAO and DOJ law

enforcement personnel “whose primary job responsibilities affect crime victims and witnesses

or who in the course of their duties are expected to come into contact with victim and

witnesses” were required to complete training on the revised guidelines. See Attorney General

Guidelines, Art. II.E. In 2023, FBI implemented and completed mandatory training for all

relevant employees on the updated guidelines. To aid in communication, coordination, and

Tribal outreach efforts, the NITCI Coordinator has provided information about the revised

guidelines, specifically on the new section focused on AI/AN victims, as part of the numerous

training classes its conducts for Tribal partners.

To facilitate the provision of victims’ rights and services in USAOs to all victims, including AI/AN

victims and Tribal communities, each USAO has a Victim Witness (VW) Unit staffed with VW

coordinators and specialists. In addition, there are Tribal Victim Assistance Specialists in certain

USAOs whose work is solely dedicated to working with victims of crime in Indian Country. To

enhance their efforts, USAO VW professionals collaborate closely with FBI and BIA victim

specialists, along with local victim advocates, to respond immediately when a crime has been

committed. If there is a change in jurisdiction, or a case moves from investigation to

prosecution, transition between victim advocates is coordinated as seamlessly as possible to

support victims and minimize duplication of efforts.

USAO VW professionals assist victims in a variety of ways throughout the criminal justice

process, including court accompaniment; crisis intervention; court preparation; referrals for

social, mental health, and housing services; and assistance with victim impact statements. VW

professionals develop a rapport with victims and witnesses, which enables them to effectively

offer emotional support, encourage meaningful victim participation, and assist victims in

comprehending the criminal justice process. In order to accomplish this, VW professionals

evaluate the needs of each victim individually and suggest the most suitable service for each

situation. Due to the wide range of crimes that USAOs prosecute, VW professionals must be

familiar with local resources and services available to help people with their particular needs,

such as specialized services for victims of violent crime in Indian Country and for victims of

human trafficking.

Furthermore, VW professionals participate in MDT meetings. MDTs consist of representatives

from local, Tribal, state, and federal agencies who meet regularly to discuss case status updates

and cross-agency coordination of victim assistance. In the areas that have MMIP task forces,

DOJ victim assistance personnel meet with these task forces and MMIP coordinators to discuss

coordination of victim services.

USMS is currently in the process of reconstituting its Victim Witness assistance program, to

include a policy designed to address the needs of victims. Pursuant to the Attorney General

Guidelines, this policy includes the requirement that communication with victims and/or

families be a priority throughout the investigation or litigation of the case. USMS is committed

to ensuring that, where applicable, victims receive services for matters investigated by USMS.

Where USMS encounters potential victims for matters that could potentially be investigated by

other agencies, USMS will ensure that information related to potential victims is provided to

those law enforcement agencies so that services can be promptly provided.

DOJ recognizes the need for families and the public to be supported when a person goes

missing. Although missing persons should be promptly reported to local law enforcement as an

important first step, members of the public may also contact the National Native American

Outreach Services Liaison for additional MMIP-related inquiries. The liaison, who is part of the

EOUSA staff, represents DOJ in efforts to amplify the voices of AI/AN victims and their families

as they navigate all stages of the criminal justice system. This position helps incorporate

Indigenous traditions and cultural practices into DOJ policy and promotes collaboration among

federal agencies with jurisdiction in Indian Country.

In addition to these efforts, each year, OJP/OVC distributes funds to the FBI and BIA to support

victim specialist positions in Indian Country and Alaska. OJP/OVC also works to increase the

supply of victim specialists in AI/AN communities through its Developing Future Victim

Specialists Program (DFVS). In FY 2023, OJP/OVC awarded $5M to 10 Tribes and Tribal-serving

organizations to identify and train individuals who have potential to become victim services

professionals in Tribal communities where positions are hard to fill. There are currently 10

funded programs, and DVFS-funded interns currently work or will work in 12 states in FY 2024.

The BIA MMU has victim specialists that provide victim-centered, trauma-informed services.

The victim specialists’ responses are culturally sensitive, and they work to provide services in a

timely manner. The BIA MMU victim specialists coordinate with Tribal advocates, and in the

absence of a Tribal advocate, work with the local victim service provider, which includes the FBI

and USAO victim specialists. The MMU victim specialists attend and participate in local

conferences and working groups to provide training and technical assistance on their roles

within the BIA MMU and how their work with victims and families is completed during the life

of a case. BIA MMU victim specialists provide information and guidance during the investigative

process and provide information on available resources, working to ensure that a victim’s

family is aware of their options. In the event that the jurisdiction of the matter changes,

families are included in the meeting with a new victim service provider agency, thus ensuring

that the families always have a point of contact.

Commission Recommendation I2: The DOJ OVC and the HHS OTIP must support, offer, and

ensure culturally appropriate services are available to survivors of human trafficking.

Response: OJP/OVC is committed to funding human trafficking programs that are victim-

centered, trauma-informed, survivor-informed, and culturally responsive. In FY 2016, OJP/OVC

launched Project Beacon: Increasing Access to Services for Urban American Indian and Alaska

Native Victims of Human Trafficking (Project Beacon). Project Beacon is unique among

OJP/OVC’s grant award programs in its focus on the needs of urban Native Americans and on

the specific and unique needs of Native victims of trafficking. OJP/OVC currently funds five

urban Indian centers that are working to increase their capacity to provide comprehensive

services to Native victims through strategic collaborative partnerships with both Tribal and non-

Tribal organizations and agencies. OJP/OVC’s Human Trafficking Division also administers a

diverse portfolio of discretionary grant award programs to support anti-trafficking efforts

funded by the federal Trafficking Victims Protection Act.

Moreover, since the inception of OJP’s anti-trafficking programs, funded grantees are required

to adhere to federal civil rights laws, which protect the civil rights of program participants and

staff. Beginning in FY 2022, OJP/OVC requires all of its anti-trafficking grantees to develop

policies and procedures that document how they will remove barriers to victim access to

services and respect victim autonomy.

Additionally, in March 2022, OJP/OVC and HHS’s Office on Trafficking in Persons (OTIP)

announced a joint initiative to fund a project to develop standards of care for anti-trafficking

service providers. The initiative reflects both program offices’ shared values around ensuring

that its grantees consistently provide the same standard of culturally responsive care to all

human trafficking victims. Freedom Network USA received competitive funding to work with

OJP/OVC and OTIP to draft the standards of care and has formed a diverse technical advisory

working group—which includes Tribal representation—to aid in the development of the

standards. Notably, one of the guiding principles for the development of the standards calls for

the project to integrate diversity, equity, inclusion, and accessibility throughout the initiative.

We note that this recommendation is also directed at HHS. HHS may have additional feedback

to provide under separate cover with respect to this recommendation.

Commission Recommendation I3: DOJ and DOI must harness the power, expertise, and

commitment of non-governmental MMIP and HT chapters across numerous states to be a “force

multiplier” for working with families and addressing missing and murdered cases by the

following.

1. DOJ and DOJ (sic) must utilize MMIP and HT chapters, and others to not only notify families

of the murdered, but to support them in culturally appropriate funeral planning including

interfacing with coroners and others who may not have cultural knowledge to tend to the

dead appropriately.

2. DOI and DOJ must accelerate grant programs, cross-chapter sharing, and resources to MMIP

and HT chapters across Indian country as MMIP and HT chapters and organizations are key

and highly motivated partners who bring powerful networks, data, expertise, cultural

sensitivity, and powerful advocacy.

Response: DOJ’s TVSSA is designed to support Tribes in determining what services will best

serve their communities. We recognize that nongovernmental MMIP and HT chapters may be

valuable partners for Tribes and provide important services and support families. Through

victim specialists within the BIA MMU, DOI can work to improve communication and

coordination with local advocates who have familiarity with communities and family members.

Commission Recommendation I4: DOJ and DOI must work to ensure all law enforcement

agencies identify and implement strategies and practices to improve communication and

transparency with family members in MMIP and HT cases. This must include that LE entities:

1. At all levels comply with legal requirements about communication with victims and their

family members.

2. Take complete and detailed reports including relevant information regarding the missing

person and speak to family members to ensure accurate demographic information is

collected.

3. Facilitate requests from family members to correct racial classification information in

missing persons reports or law enforcement databases.

4. Communicate regularly and consistently with families and advocates, including providing

the name and details of their role in the investigation and when there are changes in

personnel or in the status of the investigation.

5. Require that all personnel complete cultural competency training.

6. Communicate, collaborate, and consult with the missing person’s Tribal leadership and LE,

when requested; and,

7. Embed behavioral health officers in police forces to both assist LE personnel and

individuals the law enforcement unit may encounter. As an example, the Choctaw Nation

implemented this approach to change the mindset and reduce the stigma of mental

health issues within public safety.

Response: The provisions in this recommendation encompass much of what Savanna’s Act, a

law designed to improve the federal government’s response to missing or murdered AI/AN,

mandates. Section 5(a) of the Act requires the Attorney General to “direct United States

Attorneys to develop regionally appropriate guidelines to respond to cases of missing or

murdered Indians.”

The Act mandates that guidelines include the following provisions, which address much of what

is outlined in this recommendation:

1. Guidelines on inter-jurisdictional cooperation among law enforcement agencies at the

Tribal, federal, state, and local levels, including inter-jurisdictional enforcement of

protection orders and detailing specific responsibilities of each law enforcement agency;

2. Best practices in conducting searches for missing persons on and off Indian land;

3. Standards on the collection, reporting, and analysis of data and information on missing

persons and unidentified human remains, and information on culturally appropriate

identification and handling of human remains identified as Indian, including guidance

stating that all appropriate information related to missing or murdered Indians be

entered in a timely manner into applicable databases;

4. Guidance on which law enforcement agency is responsible for inputting information into

appropriate databases under paragraph (3) if the Tribal law enforcement agency does

not have access to those appropriate databases;

5. Guidelines on improving law enforcement agency response rates and follow-up

responses to cases of missing or murdered Indians; and

6. Guidelines on ensuring access to culturally appropriate victim services for victims and

their families.

The requirements and creation of such guidelines are discussed in additional detail in the

responses to Recommendations D1 and E1. The FBI confirms that it complies with all legal and

constitutional requirements related to FBI investigations, including through obtaining,

documenting, and retaining true and accurate case details, investigative actions, and victim

demographics within internal FBI case management systems and CJIS-managed information

databases (such as NCIC). Where possible, the FBI relies on, and offers, victim resources to

families through the Victim Services Division to provide trauma-informed and culturally

sensitive crisis intervention and timely victim-sensitive notification and case updates. The FBI

can share case updates with Tribal law enforcement partners but is limited in what can be

shared to Tribal councils or advocacy groups due to the sensitivity of on-going investigations.

The FBI has also taken care to provide cultural competency training for all Indian Country

personnel and provides wellness and resiliency resources to all agents working in Indian

Country.

Chapter 2: Policies & Programs—Reporting and Collecting Data on

Missing, Murdered, and Trafficked Persons

Subcommittee 2 Charge and Priority Areas

Following is an excerpt from the final report describing the work of Subcommittee 2:

The Commission’s Policies and Programs Subcommittee (Subcommittee 2) was created to

study and make recommendations regarding the reporting and collecting of data on

missing, murdered, and trafficked AI/AN persons. The Subcommittee organized these

efforts by first separating these three priority areas – missing, murdered, and trafficked

persons.

Given this broad charge, Subcommittee 2 chose the following priority areas to organize

its work. These areas included:

1. What changes are needed in the current federal data systems to support data

collection better and reporting missing AI/AN persons?

2. What data on missing AI/AN persons exists, where are the gaps, and how can

those gaps be addressed?

3. What are the state, federal, and Tribal policies and programs for data collection

and reporting on missing AI/AN persons?

4. What policy or programmatic changes are needed to support better data

collection and reporting of missing AI/AN persons?

5. What changes are needed in the current federal data systems that will better

support data collection and reporting on violent deaths and homicides of AI/AN

persons?

6. What data on violent deaths, homicides, and murders of AI/AN persons exists,

where are the gaps, and how can those gaps be addressed?

7. What are the state, federal, and Tribal policies and programs for data collection

and reporting on violent deaths, homicides, and murders of AI/AN persons?

8. What policy or programmatic changes are needed to support data collection and

reporting on violent deaths, homicides, and murders of AI/AN persons?

9. What changes are needed in the current federal data systems to support data

collection better and reporting on the trafficking of AI/AN persons?

10. What data on trafficking of AI/AN persons exists, where are the gaps, and how

can those gaps be addressed?

11. What are the state, federal, and Tribal policies and programs for data collection

and reporting on trafficking of AI/AN persons?

12. What policy or programmatic changes are needed to support data collection and

reporting on the trafficking of AI/AN persons?

COMMISSION FINDING A: Accurate data on Native Americans are necessary for federal, state,

local, and Tribal governments to monitor conditions and make informed policy and spending

decisions. Unfortunately, there is a lack of available data at all levels of government but

especially at the national level to ascertain the extent of the problem of (1) missing AI/AN

persons, (2) homicides and violent deaths of AI/AN people, and (3) AI/AN individuals who are

trafficked. Understanding these issues and determining how best to address them requires

accurate accounting that can inform the development and implementation of solutions and

the appropriate allocation of resources.

Commission Recommendation A1: The Indian Law and Order Commission (ILOC) recommended

that the federal government generate accurate crime reports for Indian country, especially in

Tribal areas subject to P.L. 83-280. The Commission concurs with this recommendation.

Response: The U.S. Department of Justice (DOJ) has been making steady improvements in

crime reporting since the Indian Law and Order Commission (ILOC) released its

recommendations. Since 2016, when the FBI’s Uniform Crime Reporting (UCR) Program began

its transition to National Incident-Based Reporting System (NIBRS)-only reporting, the FBI has

collaborated with the Bureau of Indian Affairs (BIA) to encourage and assist Tribal agencies to

report NIBRS data. To assist Tribal and federal agencies, the FBI’s UCR Program developed the

NIBRS Collection Application (NCA), which is available on the Law Enforcement Enterprise

Portal, to provide a no-cost solution for Tribal and federal agency users to submit NIBRS data to

the FBI’s UCR Program. Today, there are 182 Tribal agencies reporting their crime data to the

FBI’s UCR Program using the NCA, via the respective state UCR program, or directly to the FBI

via the agency’s records management system. The FBI’s UCR Program continues to engage

Tribal agencies and the BIA and encourages non-transitioned agencies to report their crime

data to NIBRS, including by providing resources such as data integration support, technical

assistance, and no-cost training.

Commission Recommendation A3: DOJ must encourage and/or incentivize all LEAs (state,

county, municipal, and Tribal) to upload their crime data into the National Incident-Based

Reporting System (NIBRS). These data requirements must also encompass federal law

enforcement (e.g., Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], BIA, Customs and

Border Protection [CBP], Drug Enforcement Administration [DEA], DHS, FBI, Immigration and

Customs Enforcement [ICE], Marshals Service [USMS], and United States Park Police).

Response: DOJ has devoted significant resources to encourage law enforcement agencies to

upload crime data to NIBRS, and we will continue to do so. Since 2016, DOJ has provided over

$120 million in grants through the FBI and DOJ’s Office of Justice Programs/Bureau of Justice

Statistics (OJP/BJS) to assist agencies transitioning to NIBRS. From 2016 to 2022, the FBI trained

nearly 20,000 participants from over 11,500 agencies in support of the NIBRS transition. In

addition, the FBI’s UCR Program developed the NCA to ensure ease of data entry for law

enforcement agencies. The FBI’s UCR Program engages with the BIA regularly to promote use of

the NCA and discuss the importance of submitting NIBRS data.

Commission Recommendation A4: DOI’s MMU must produce an annual report containing

aggregate data on AI/AN missing person active and resolved cases and case outcomes (e.g.,

referred for prosecution), if available.

Response: The BIA Missing and Murdered Unit (MMU) strives to be as transparent as possible

while also recognizing the privacy policies we must adhere to. The MMU generates an end of

the year report highlighting case MMU statistical data, which include case status, case

dispositions, and number of cases across states within the United States. The end of the year

report also provides success highlights for some cases where outcomes may be shared with the

public, while protecting the identity of the individuals involved.

Commission Recommendation A5: DOJ must implement, as intended, the Death in Custody

Reporting Act of 2013 (DCRA) to include developing and executing a plan to determine states’

compliance (see GAO-22-106033 report).

Response: The Death in Custody Reporting Act (DCRA) addresses a profoundly important issue,

which is of great consequence to the legitimacy and integrity of the criminal and juvenile justice

systems, to the lives of the people who come into contact with those systems, and to the family

members and loved ones of those who have died in custody. DOJ recognizes the importance of

collecting complete and accurate data to inform strategies for reducing deaths in custody. Such

data are essential for producing appropriate findings and drawing meaningful conclusions

about factors that may contribute to deaths in custody and promising practices and policies

that may reduce deaths in custody. DOJ is working urgently to fulfill its obligations and further

the aims of DCRA.

The Bureau of Justice Assistance (BJA), part of DOJ’s Office of Justice Programs (OJP), has

increased staffing resources dedicated to DCRA by adding a senior-level coordinator and two

new full-time research associates. OJP/BJA also established a dedicated training and technical

assistance center to provide information and support to state administering agencies that

collect and report DCRA data. OJP/BJA and the new training and technical assistance center

have already worked with the state agencies to identify and confirm hundreds of previously

unreported arrest-related deaths.

OJP/BJA has also developed an implementation plan outlining how OJP will determine state-

level compliance with the reporting requirements of DCRA. The plan focuses on multiple

elements, including timely, comprehensive, complete, and accurate data submission by states

with performance targets that states must achieve in terms of the completeness and quality of

their data. OJP/BJA has hired staff and funded a training and technical assistance provider to

work with and support states in their data collection and reporting efforts. Further, starting in

FY 2023, OJP/BJA required states to provide DCRA state implementation plans as part of their

Edward Byrne Memorial Justice Assistance Grant applications. The state implementation plans

must address states’ data collection infrastructure, data collection methods, and data reporting

methods.

The FBI’s Biometric Services Section has also reviewed and considered this recommendation

and notes that death notifications are under-reported by all law enforcement agencies to the

Next Generation Identification System. The submission of known deceased identification

requests—and when possible, the Interstate Identification Index (III) Deceased (DEC) Message

Key (MKE)—to update identities as deceased is encouraged, and the FBI will continue to

encourage submission.

Commission Recommendation A6: DOJ must fulfill the Executive Order on Advancing Effective,

Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety (EO

14074, May 25, 2022) by developing, deploying, and maintaining the National Law Enforcement

Accountability Database (NLEAD). Moreover, the database structure must include the capability

to capture AI/AN identity and Tribal citizenship data (Tribal nation affiliation/enrollment). The

Commission further recommends that the NLEAD be publicly accessible for ease of public

access, research, and advocacy, with documents and information about all AI/AN deaths in

federal custody and federal officer-involved cases. The Commission further recommends that

the EO 14074 mandated report include aggregate data on the race of victims and decedents

with specific analyses (if possible) involving AI/AN and Tribal citizenship cases. Moreover, the

Commission recommends that the DOJ must encourage and incentivize federal, state, local, and

Tribal LE agencies to voluntarily submit similar documentation of cases within their jurisdictions

to NLEAD.

Response: On May 25, 2022, in Section 5 of Executive Order (EO) 14074, Advancing Effective,

Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety,

President Biden directed DOJ to establish the National Law Enforcement Accountability

Database (NLEAD) as a “centralized repository of official records documenting instances of law

enforcement officer misconduct, as well as commendations and awards.”

Section 5 further directed, in relevant part, that DOJ: 1) include in the NLEAD “all available

information that the Attorney General deems necessary, appropriate, and consistent with law

and with considerations of victim confidentiality, concerning misconduct by federal law

enforcement officers relevant to carrying out their official duties”; 2) assess the “feasibility of”

and manner in which the records from the NLEAD “may be accessible to the public … taking into

account the critical need for public trust, transparency, and accountability”; 3) “publish on at

least an annual basis public records that contain anonymized data from” the NLEAD

“aggregated by law enforcement agency and by any other factor determined appropriate by

the Attorney General”; and 4) “encourage State, Tribal, local, and territorial LEAs [law

enforcement agencies] to contribute to and use” the NLEAD.

In December 2023, DOJ launched the NLEAD, and the database includes records for DOJ’s law

enforcement officers. In early 2024, other executive branch federal law enforcement agencies

will report data for their law enforcement officers to the NLEAD. The database will include

records of instances of misconduct by current and former federal law enforcement officers that

occurred over the past seven years.

To support similar law enforcement officer accountability efforts at the state and local levels,

DOJ has also partnered with the International Association of Directors of Law Enforcement

Standards and Training (IADLEST). IADLEST’s National Decertification Index (NDI) is a national

registry of law enforcement decertification and revocation actions relating to officer

misconduct that is currently used by all 50 states and the District of Columbia. The Department

is working with IADLEST to expand the NDI to include additional categories of information

required by the Executive Order. The Department is also awarding discretionary grants in a

manner that supports and promotes the adoption of the Executive Order’s policies by state and

local agencies, including language outlining priority consideration for applicants who use the

NDI as part of their hiring and vetting of new officers.

DOJ recognizes the important role that police officer accountability plays in accomplishing

President Biden’s goal to “make policing safer and more effective by strengthening trust

between law enforcement officers and the communities they serve,” and DOJ will continue to

implement the NLEAD to achieve the full objectives of EO 14074, Section 5.

Commission Recommendation A7: DOJ’s MMIP Regional Outreach Program must produce an

annual report on the program that includes information/data on case outcomes and patterns,

survivor/family feedback, tracking status of implementation of Savanna’s Act Guidelines in each

district within regions, ongoing evaluation that determines program, and operational need.

Response: DOJ’s Executive Office for U.S. Attorneys (EOUSA) has designated a program

coordinator to assist in the development and implementation of the program and monitor the

program’s progress. EOUSA will periodically assess the program to determine whether it is

meeting its goals, which include being responsive to Tribal community needs. The program’s

coordinator and regional personnel will provide updates on the program’s successes and efforts

as appropriate.

Commission Recommendation A8: Federal science agencies that direct or support national

victimization studies must ensure the inclusion and representativeness of AI/AN peoples to

include special studies (e.g., AI/AN oversamples, reservation-level victimization data) appended

to ongoing national data collection efforts (e.g., Bureau of Justice Statistics’ (BJS) National

Crime Victimization Survey [NCVS], CDC’s National Intimate Partner and Sexual Violence Survey

[NISVS], National Institute of Justice’s (NIJ) National Baseline Study [NBS]), including question(s)

regarding murdered, missing, unidentified, and trafficked persons, families of such, if such case

were resolved, and other pertinent questions.

Response: The National Crime Victimization Survey (NCVS) is the nation’s primary source of

information on criminal victimization, including incidents both reported and not reported to the

police. The NCVS collects information on nonfatal personal crimes (rape or sexual assault,

robbery, aggravated assault, simple assault, and personal larceny) and household property

crimes (burglary or trespassing, motor vehicle theft, and other types of theft). Homicide is not

included because the NCVS is based on interviews with living victims. Missing and unidentified

persons are also not included because they cannot be interviewed. Each year, data are

obtained from a nationally representative sample of about 240,000 persons in about 150,000

U.S. households. Persons are interviewed on the frequency, characteristics, and consequences

of their experiences with criminal victimization. Household-based surveys like the NCVS select

samples at an address level and thus are not well situated to collect data from victims of crime

who are not located at that household, including people who are institutionalized, missing, or

trafficked. Given that these persons may be transient and not have a permanent address, it

would be difficult to provide reliable and/or nationally representative statistical estimates.

Demographic information, including race and Hispanic origin, is collected from NCVS

respondents. American Indian or Alaska Native (AI/AN) is one of the five racial categories

collected per the Office of Management and Budget’s Statistical Policy Directive No. 15.

Additionally, the NCVS captures whether the household is located on an American Indian

Reservation or on American Indian Lands. OJP/BJS has been investigating options for producing

additional victimization estimates for the AI/AN population, which include aggregating multiple

years of data in order to produce stable victimization estimates for the AI/AN population.

Changing the NCVS sample design and adding a reservation-level sample in order to produce

reliable victimization estimates for this population would not be feasible due to resource

constraints.

The National Baseline Study (NBS) is a forthcoming OJP/National Institute of Justice (NIJ) study

of the health, wellness, and safety of AI/AN women living in Indian Country and AN

communities. The information from this study is expected to educate and inform policymakers

and the public about the public health and safety issues affecting AI/AN women as well as

inform prevention and intervention efforts focused on Native people by identifying barriers to

and possible solutions for dealing with these significant matters.

The study will aim to survey a random selection of volunteer Tribal households to gain a deeper

understanding of the health and safety issues faced by AI/AN women living in AI/AN

communities. While it has not commenced yet, the survey will be designed to help address gaps

in health and legal services, particularly for those living on Tribal lands. Every precaution will be

taken to ensure the privacy and rights of the Tribal Nations and individual respondents who

volunteer to participate in the NBS.

DOJ defers to the Centers for Disease Control and Prevention (CDC) on questions regarding the

National Intimate Partner and Sexual Violence Survey.

Commission Recommendation A9: Primary data collection studies (e.g., protective, risk, and

safety factors) and secondary data analyses on missing AI/AN persons, death investigations and

“History of Statistical Policy Directive No. 15,” U.S. Office of Management and Budget Interagency Technical

Working Group on Race and Ethnicity Standards, https://spd15revision.gov.

homicides of AI/AN peoples, and on HT of AI/AN individuals must be conducted in an ethical,

culturally relevant manner and led by subject matter experts with lived experience.

Response: DOJ’s OJP/NIJ is committed to conducting ethical research and protecting the rights

and welfare of all human subject research participants. All research conducted at OJP/NIJ or

supported with OJP/NIJ funds must comply with all federal, DOJ, and OJP/NIJ regulations and

policies concerning the protection of human subjects and DOJ confidentiality requirements.

More information about OJP/NIJ’s human subjects and privacy protections can be found at

https://nij.ojp.gov/funding/human-subjects-and-privacy-protection.

In addition, OJP/NIJ strives to fund research that demonstrates culturally relevant

methodologies, with special consideration given to proposals with methods that include

meaningful engagement with the people closest to the subject of study, including practitioners,

those with lived experiences, community members representing crime victims, people under

criminal justice supervision, and members of high-crime communities. Further, OJP/NIJ gives

specific consideration to applicants that demonstrate that their proposed project(s) serve

communities that have been historically underserved, marginalized, adversely affected by

inequality, and/or disproportionately impacted by crime, violence, and victimization. OJP/NIJ

also takes into account whether projects will be enhanced by their affiliation with a population-

specific organization—a nonprofit, nongovernmental, or Tribal organization that primarily

serves members of a specific underserved population and that has demonstrated experience

and expertise providing targeted services to members of that specific underserved population.

COMMISSION FINDING B: The HHS Office of Inspector General (OIG) surveyed state-level

foster care systems to determine how many children in foster care went missing over an 18-

month period. The survey found that during that period, out of 1,016,895 total children in

foster care, 43,679 had been reported missing at some point. The average time a child was

missing before they were found was 34 days. This is an informative study to guide future

research about the nature of the problem of AI/AN children missing from care.

Commission Recommendation B2: DOJ must conduct a study examining the context of AI/AN

missing children person cases, including the scope and context of cases that are connected to

criminal circumstances (e.g., domestic violence, homicide, human trafficking) to understand

better how these issues intersect with going missing – either intentionally or unintentionally.

The study should consider the context of missing AI/AN youth and whether or not system-

involved youth go missing “slip through the cracks” due to policies or decisions by case workers

or probation officers regarding reporting them as missing. The report should identify where

reporting gaps exist and identify areas to develop or improve reporting and training for staff.

Response: DOJ agrees that understanding the context of missing AI/AN youth and what role

case workers or probation officers play in missing AI/AN youth is critical. DOJ will discuss this

recommendation further with our U.S. Department of Health and Human Services (HHS)

colleagues, as the recommendation is based on an HHS-generated report regarding an area of

HHS expertise. Additional funding would likely be required to meet this recommendation,

however. First, understanding the context of missing AI/AN youth would likely require

interviews or surveys of multiple stakeholders across a diverse sampling of missing AI/AN

youth. Second, databases with information on AI/AN youth may not have all the information

necessary to conduct a reporting gaps analysis on the roles that case workers and probation

officers play in missing system-involved AI/AN youth.

Commission Recommendation B3: NCMEC should conduct a study on the barriers and

challenges of (1) engaging with Tribal governments and citizens regarding the use of NCMEC and

(2) getting social services staff to report cases to NCMEC (e.g., laws that impede the use of or

reporting of missing children) and what states are and are not compliant with federal reporting

laws. The study should include a strategic plan to address these barriers/challenges.

Response: DOJ’s OJP/NIJ is the research arm best equipped to handle studies of this nature.

DOJ appreciates the Commission’s recommendation and will continue to explore the possibility

of a study on the barriers and challenges regarding the use of the National Center for Missing &

Exploited Children (NCMEC).

COMMISSION FINDING C: There is a commonly held belief that violent crimes and the deaths

that result from them are notoriously underreported among AI/AN people. Underreporting

and misclassifying crimes and people contribute extensively to the lack of available data on

this topic. A better understanding of mortality rates and homicides that occur in Indian

country and Alaska is needed to get an accurate number of AI/AN deaths. Acquiring accurate

and up-to-date analyses of homicides and mortality data will be essential for determining and

implementing resources moving forward.

Commission Recommendation C1: NIJ, in coordination with BJS and CDC, must conduct a study

examining the frequency, nature, and causes of homicide and violent deaths of AI/AN peoples

that are focused on in-depth contextual characteristics of these cases (e.g., type of homicide

[femicide, firearm, gender-related, intimate partner homicide, suicide], demographic

information about the individuals involved, incident characteristics, and situational contexts

associated with these cases). Of particular importance are analyses that provide the distribution

on a demographic and geographic basis (e.g., Native vs. non-Native, national, state, regional,

county, reservation/non-reservation). Separate analyses should be conducted on AI/AN death

investigations where the causes of death are classified as “Undetermined.” These analyses must

also provide in-depth contextual characteristics of these cases (e.g., demographic information

about the individuals involved, incident characteristics, and situational contexts associated with

these cases).

Response: OJP/NIJ will explore the feasibility of conducting a study in coordination with

OJP/BJS and CDC examining the frequency, nature, and circumstances of violent deaths of

AI/AN peoples to the extent that existing data sources, including the National Violent Death

Reporting System and NIBRS, support reliable measurement of in-depth contextual

characteristics of violent deaths.

We note that this recommendation also concerns the HHS. HHS may have additional feedback

to provide under separate cover with respect to this recommendation.

COMMISSION FINDING D: HIPAA, the Health Insurance Portability and Accountability Act, is a

U.S. federal law enacted in 1996 to address various aspects of healthcare, including health

insurance coverage, medical privacy, and security of protected health information (PHI).

While there are exceptions to HIPAA that allow for disclosure in situations involving public

health, safety, and emergency circumstances, such as missing person cases, it is unclear if the

Act is impeding the reporting of missing person cases (i.e., Jane/John Doe patients).

Commission Recommendation D2: DOJ must assess LE acceptance of missing person reports

from healthcare providers and other entities handling PHI regarding admitted Jane/John Doe

cases and if those cases are entered into NCIC, NamUs, and other databases.

Response: DOJ’s OJP/BJS will assess the feasibility of collecting such data. This is a particularly

challenging task, as it involves information on a specific type of case, who reported the incident,

and the ability to track the outcome of these reports in noncriminal databases, and OJP/BJS is

unsure of the capacity of the nation’s 18,000 law enforcement agencies to track and report

such data. OJP/BJS’s surveys typically capture information on agency processes and procedures

and do not focus on specific types of events or how these events are handled. However,

OJP/BJS appreciates the recommendation and will explore this idea further.

COMMISSION FINDING E: NCIC and NamUs are first and foremost operational databases. They

are dynamic and not historical databases. Their primary purpose will always be to assist users

(i.e., LEA, ME/C offices, forensic scientists) in managing and resolving cases. Also,

interoperability of systems is key in addressing intergovernmental coordination.

Considerations should be given to structuring data to be compatible with one another, which

will expedite the sharing of data related to active cases. Analyses of information on data

import capabilities are important to address interoperability and assist with mapping key

investigative fields.

Commission Recommendation E1: The Attorney General (DOJ), in consultation with the OMB,

must analyze budgetary and operational deployment considerations to achieve interoperability

of NCIC and NamUs, making seamless data sharing possible to improve justice system response

and resolve cases. The analysis must be provided to Congress for consideration regarding

appropriations to support this compatibility of systems.

Response: In 2022, Congress passed the Help Find the Missing Act, Public Law 117-327, also

known as “Billy’s Law.” Section 3 of Billy’s Law, Information Sharing, requires the exchange of

missing and unidentified persons data between NCIC and the National Missing & Unidentified

Persons System (NamUs). The FBI’s Criminal Justice Information Services (CJIS) National Crime

Information Center (NCIC) Operations and Policy Unit (NOPU) and NamUs are currently working

on implementation of this electronic data exchange to meet that requirement.

Commission Recommendation E2: The FBI Criminal Justice Information Services (CJIS) Division

must update its NCIC Terms and Conditions to ensure users are notified about data-sharing

activities (e.g., NamUs).

Response: There are currently no formally written NCIC Terms and Conditions, so DOJ will work

with Commission members to address this recommendation regarding data sharing.

COMMISSION FINDING F: Section 10 of the Native American Graves Protection and

Repatriation Act (NAGPRA) authorizes the Secretary of the Interior to make grants to

museums, Indian Tribes, and Native Hawaiian organizations to assist in consultation,

documentation, and repatriation of Native American cultural items,” including human

remains, funerary objects, sacred objects, and objects of cultural patrimony.

Commission Recommendation F1: DOI’s NAGPRA office must actively engage with Tribes and

the DOJ’s NamUs program staff to identify unclaimed Tribal members to repatriate these

persons to their Tribal communities.

Response: NamUs is a national, centralized repository and resource center for missing,

unidentified, and unclaimed person cases across the United States. Unclaimed person cases

involve decedents who have been identified by name but whose next of kin have not been

located in order to make death notifications and/or have the decedent’s remains claimed for

burial or others disposition. DOI’s Native American Graves Protection and Repatriation Act

(NAGPRA) office will actively engage with DOJ’s NamUs program staff to support repatriation of

unclaimed Tribal members to their Tribal communities. DOI’s NAGPRA office already actively

engages with Tribes as well as some medical examiner/coroner (ME/C) offices on repatriation

of unclaimed remains of Tribal members. DOI’s NAGPRA office is willing to actively engage with

other federal agencies as well as with state, local, and Tribal governments on the requirements

under NAGPRA that relate to other recommendations in this report, especially on training and

best practices.

In addition, as NAGPRA does not define “human remains,” DOI has made a concerted effort in

revising the implementing regulations to address how NAGPRA may apply to ME/C offices (see

43 CFR §10.2, human remains). The regulatory definition of human remains is intentionally

broad and does not include a requirement for human remains to be from an archeological

context or of a certain age. The definition does not exclude human anatomical collections used

by medical schools or biological samples, soft tissue, or any other biological remnants. DOI has

always interpreted biological samples (including DNA) to be subject to NAGPRA and the

implementing regulations. In 1993, DOI included as an example clause in the definition of

human remains “including, but not limited to, bones, teeth, hair, ashes, or mummified or

otherwise preserved soft tissues of a person of Native American ancestry” (58 FR 31126, May

28, 1993). Identification of human remains are subject to NAGPRA, and the regulations require

a case-by-case assessment in consultation with lineal descendants, Indian Tribes, and Native

Hawaiian Organizations (NHOs). The regulatory definition includes only one exception: where

an entity can prove it has a right of possession to Native American human remains.

In line with applicable common law in the United States, in NAGPRA, Congress stated that the

original acquisition of Native American human remains which were exhumed, removed, or

otherwise obtained with full knowledge and consent of the next of kin or the official governing

body of the appropriate Indian Tribe or NHO is deemed to give right of possession to those

human remains. DOI interprets “full knowledge and consent” considering the history of Indian

Country and recognizes that “full knowledge and consent” does not include consent given

under duress or because of bribery, blackmail, fraud, misrepresentation, or duplicity on the part

of the recipient. As such, consent must be shown to have been fully free, prior, and informed

consent.

For example, when any individual, regardless of ancestry, dies, local or state law generally

requires consent by the next of kin prior to any other action by the local or state authorities.

When the deceased individual is Native American and when no next of kin is ascertainable, the

local or state authorities may be required to treat the individual as human remains under

NAGPRA and these regulations, unless the local or state authorities obtain the full knowledge

and consent of the official governing body of the appropriate Indian Tribe or NHO. Coroners,

medical examiners, and other local or state agencies should consider their requirements under

the Act and these regulations for any Native American human remains, including biological

samples (see 88 FR 86474, December 12, 2023).

Commission Recommendation F2: DOI must actively work with Tribes who have unclaimed

Tribal members to obtain funding (grants) to cover costs associated with transferring Native

American human remains to their Tribal community. Grant funds should be used to support

repatriations.

Response: DOI provides direct assistance to Tribes on the costs associated with transferring

Native American human remains to their Tribal communities, provided the human remains are

subject to NAGPRA. Repatriation grants are provided annually, depending on appropriations, on

a rolling basis to any eligible Indian Tribe that submits a complete application. In FY 2024, DOI

lengthened the application period for repatriation grants from six months to one year and six

months to provide additional opportunities for funding repatriations. In addition, in FY 2024,

DOI increased the amount of funding available for each award from $15,000 to $25,000 (see

https://www.nps.gov/subjects/nagpra/repatriation-grants.htm).

COMMISSION FINDING H: Federal statute prohibits data exchange between NCIC – the United

States’ central database for tracking crime-related information – and the DOJ’s NamUs. “Billy’s

law,” also known as the “Help Find the Missing Act,” is federal legislation that aims to close

loopholes in United States missing person systems. While Billy’s Law requires data sharing, it

does not address the legal entanglements of sharing law enforcement-sensitive data and

technology, data validation, and data ownership challenges.

Commission Recommendation H1: Congress must enact legislation deeming NamUs an official

LE database such that the FBI’s CJIS program can issue DOJ’s NIJ an originating agency identifier

(ORI) so NamUs Program staff can access and exchange data.

Response: The FBI CJIS NOPU has reviewed and considered this recommendation. As a result of

the passing of Billy’s Law, also discussed in the response to Recommendation E1 (Chapter 2),

NamUs will be assigned an Originating Agency Identifier (ORI) for access to the NCIC Missing

Person and Unidentified Person Files for the purpose of reviewing missing and unidentified

person records in the NCIC for case validation and NamUs data reconciliation.

COMMISSION FINDING I: Collecting data on AI/AN using race and ethnicity questions is

problematic. Predominantly, race and ethnicity are social constructs typically based on

physical traits and cultural backgrounds, which do not account for the political and legal

status of federally-recognized Tribal (FRT) citizens and affiliates. The Supreme Court has held

that members of FRTs must be considered political rather than racial groups if the law or

action is based on longstanding legal responsibilities toward Native American interests and

promotes Tribal self-governance. Since Tribal Sovereigns deem who is and is not Indian,

capturing Tribal enrollment is the most appropriate means for capturing AI/AN citizen

information. Because of the Federal Government’s trust responsibility and its legally

enforceable fiduciary obligations (i.e., providing essential basic social, medical, and

educational services for Tribal members), the Federal Government must have accurate data

on Tribal citizens.

Commission Recommendation I1: DOI and DOJ must consult with the Chief Statistician of the

United States regarding the formal review to revise OMB’s Statistical Policy Directive No. 15

(Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity).

Directive No. 15 provides minimum standards that ensure the ability to compare information

and data across federal agencies and understand how well federal programs serve their

citizens. The Commission recommends separating AI/AN identity from Tribal citizenship.

Response: OJP/BJS, a principal federal statistical agency housed in DOJ, is participating in the

Interagency Technical Working Group responsible for drafting proposed changes to Statistical

Policy Directive 15. That Working Group is overseen by the chief statistician of the United

States. The status of the revisions is updated regularly at spd15revision.gov.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation I2: DOI and DOJ must consult Tribes about engaging with the

Census Bureau regarding the data collection of AI/AN Tribal citizenship and other data

regarding MMIP and trafficking for the upcoming 2030 Census as well as the American

Community Survey (ACS), including potential question(s) regarding murdered, missing,

unidentified, and trafficked persons, families of MMIP, unidentified and trafficked persons, if

such case were resolved, and other pertinent questions.

Response: The Departments understand that to adequately address the root causes of the

disproportionate rates of missing or murdered Indigenous persons (MMIP) and human

trafficking of AI/AN individuals, it is essential to have access to complete and accurate data that

have been procured and maintained according to applicable law and with respect for Tribal

sovereignty. To address the importance of obtaining complete and accurate data, DOI stood up

the “Indian Country Data Working Group.” The working group coordinates across many federal

agencies, including the Census Bureau, to address priority data issues. BIA hosted a consultation

with the Census Bureau and other federal agencies to seek input from Tribal leaders on data

priorities.

Moreover, the Census Bureau held Tribal consultations for the 2020 Census in 2015 and 2016,

during which the issue of whether to include a Tribal enrollment question in the 2020 Census

was addressed. More information on that consultation can be found here:

https://www2.census.gov/library/publications/decennial/2020/tribal-program/2020-tribal-

consultations-federally-recognized-tribes.pdf. DOI and DOJ can make the Census Bureau aware

of the request for additional questions regarding Tribal citizenship and MMIP for the 2030

Census, and both Departments are available to participate in those discussions, where

appropriate.

Commission Recommendation I3: Standalone Tribal citizenship question on all federally

authorized data collection efforts, especially for data collection efforts requiring the approval of

the OMB (i.e., Paperwork Reduction Act [PRA] Information Collection Reviews [ICR]) must be

included.

Response: The Departments understand the critical distinction between the ethnological term

“Indian” and the political and legal status that flows from an individual’s affiliation with a

federally recognized Tribe. As a general matter, each Tribe decides its own citizenship criteria

and maintains its own enrollment records and records of past membership.

Federal data collection efforts vary in many ways, including by size, scope, purpose, and federal

agency involved. As such, whether Tribal citizenship should be included in any particular

federally authorized data collection effort would depend on a number of factors that may need

to be assessed on a case-by-case basis, including with input from Tribes or through

government-to-government Tribal consultations. Should the Office of Management and Budget

(OMB) pursue this recommendation, the Departments are prepared to fully participate in those

discussions.

Commission Recommendation I4: DOJ TAP must conduct a data-gathering activity that involves

surveying all Tribal LEAs to determine their willingness to participate in the TAP and their

eligibility status, as well as those Tribal LEAs eligible but who are not willing to participate in the

TAP. For the latter group, the TAP program must gather information about their data

exchange/information sharing needs and document the challenges or barriers of not

participating in TAP and what alternate resources may be needed.

Response: DOJ’s Tribal Access Program (TAP) has made information about the program

available to all Tribal law enforcement agencies each year since the program’s launch in 2015.

Tribes as sovereign governments self-select whether they would like to seek participation.

Tribes that are willing to participate apply and their eligibility is reviewed. New Tribes are

admitted to the program every year subject to funding availability; there are currently 132

Tribes participating in TAP. As noted in the DOJ OJP technical report entitled “Tribal Crime Data

Collection Activities, 2023” (available online at: Tribal Crime Data Collection Activities, 2023

technical report), DOJ has authorized a new Census of Tribal Law Enforcement Agencies to

collect and document data regarding Tribal law enforcement agencies. TAP will continue to

coordinate with OJP as needed to obtain the most current information on Tribal law

enforcement agencies.

COMMISSION FINDING M: Few tools support the investigation of missing and unidentified

persons on Tribal lands. Helping Tribes become aware of tools and support takes a focused

effort. The NCMEC is a free tool but involves building trust and understanding with families of

the missing and investigating agencies. Similarly, NamUs is a free tool, and it has added new

data fields to provide context and help describe active AI/AN case information.

Commission Recommendation M1: Upon appropriations, the Federal government must ensure

NCMEC has a permanent, dedicated NCMEC position to assist with AI/AN case processing,

including building trust with Tribal LE and AI/AN families and loved ones.

Response: As noted earlier, NCMEC has a Tribal Fellowship program in place to provide better

outreach to Tribes. In addition, DOJ’s Office of Justice Programs/Office of Juvenile Justice and

Delinquency Prevention (OJP/OJJDP) has been in discussions with NCMEC about its current

Tribal work and outreach and will include discussion about this recommended position.

Commission Recommendation M2: Upon appropriations, the Federal government must ensure

NamUs has a permanent, dedicated NamUs position to assist with AI/AN case processing,

including building trust with Tribal LE and AI/AN families and loved ones.

Response: OJP/NIJ’s NamUs program currently supports two nonfederal positions that

specifically focus on Tribal-related NamUs casework (tribal case specialist and associate tribal

case specialist). OJP/NIJ understands that additional Tribal support may be necessary, especially

for Tribes in states that have remote jurisdictions, limited access to law enforcement, and

challenging geographies, like the state of Alaska.

COMMISSION FINDING N: The current need for forensic analysis within Indian country

outpaces the capacity of forensic science service providers (FSSP). Delays in analyzing

evidence impact criminal investigations, putting community safety at risk. Investing in the

workforce pipeline and training and resources for FSSPs can assist with the current and

growing crime lab backlog. The 2019 Report to Congress, Needs Assessment of Forensic

Laboratories and ME/C Offices, noted the following needs:

1. Further systems-based assessments of the forensic evidence collection and testing needs of

Tribal communities and a roadmap for forensic evidence analysis.

2. Increased training and resources for investigative and forensic needs.

Commission Recommendation N1: NIJ must conduct a systems-based review to understand the

forensic evidence collection and testing needs of Tribal communities.

Response: While the feasibility of any systems-based review is dependent on available

resources, OJP/NIJ concurs with this recommendation and has recognized additional

recommendations and challenges associated with forensic analysis and Tribal communities.

OJP/NIJ’s 2019 Report to Congress Needs Assessment of Forensic Laboratories and Medical

Examiner/Coroner Offices identified the following needs: further systems-based assessments of

the forensic evidence collection and testing needs of Tribal communities and a roadmap for

forensic evidence analysis; enhanced federal, state, local, and Tribal cross-component

communication regarding investigations and prosecutions for more efficient testing focus;

increased training and resources for investigative and forensic needs; increased guidance for

testing prioritization strategies; and investigative and forensic partnerships between Tribal

communities and local, state, and federal agencies to maximize resources and serve as

workforce multipliers in a systems-based approach.

The report also addressed the following challenges: lack of information on the criminal justice

system’s forensics interactions with Tribal communities; lack of information on the provision,

pathways, and policies for forensic services in Tribal cases, as well as the current or projected

amount of all types of forensic evidence; reliance on external entities to provide forensic

services; and backlogs in forensic laboratories’ requests for analysis and, in some cases, lengthy

turnaround times.

While resource dependent, OJP/NIJ recently reinvigorated and expanded the scope of its

forensic science portfolio to solicit proposals that can provide much-needed system-based

assessments and evaluations of the evidence collection and testing needs of Tribal

communities.

Commission Recommendation N2: The Federal science enterprise must develop programs and

initiatives that are pathways (e.g., internship, mentorship, and sponsorship programs) for AI/AN

teens and young adults to learn about career opportunities in public health and safety and the

forensic sciences that could ultimately address critical staff shortages.

Response: DOJ appreciates this feedback from the Commission regarding the importance of

these types of programs. The FBI actively provides information to teens and young adults,

including Native Americans and Alaska Natives, about career opportunities in the FBI. The FBI

has formed a Diversity Recruitment Advisory Committee to ensure that recruitment efforts

align and account for the perspectives of diverse employees in furtherance of the FBI’s mission

to increase diversity through strategic engagement. This committee is composed of

representatives of each of the FBI’s Diversity Advisory Committees and Employee Resource

Groups representing underrepresented communities, including the FBI’s AI/AN Native Advisory

Council. The FBI has supported a number of events including the Society for the Advancement

of Chicanos/Hispanics and Native Americans in Science, the Gathering of Nations, the American

Indian Science and Engineering Society, and the Haskell Indian Nations University Job Fair. In FY

2023, the FBI attended more than 20 recruitment events in Native American communities. The

FBI also developed several social media posts to generate interest in special agent, victim

specialist, and tech/cyber roles at the FBI, including a Navajo language translation of the social

media post.

Historically, OJP/NIJ’s AI/AN Student Travel Scholarship supported students interested in

attending criminal justice-related conferences. Students explored how their educational

backgrounds applied to issues of crime and justice and met researchers and practitioners

engaged in similar work. Conferences, which can include topics in forensic science and related

STEM fields, expose students to innovative and evidence-based scientific and technological

solutions to justice issues. Due to funding constraints, this program is currently on hold;

however, this feedback will be particularly helpful when the program is considered for

reactivation.

COMMISSION Finding P: The Commission heard from several witnesses who voiced concerns

about actual or perceived racially biased policing within law enforcement agencies towards

Indians. While there are individual city or state reports, there is little to no aggregated federal

data regarding racially biased policing in or around Indian country. It is clear, however, that

there is significant mistrust of law enforcement among Tribal communities and this

undermines reporting and investigations of missing persons and crime.

Commission Recommendation P1: DOJ’s Community Relations Service (CRS) must conduct

more outreach to Indian country and AI/AN communities regarding their services in responding

to race-based tension and conflict, including addressing allegations of racial bias and racialized

violence in policing, and barriers to accurate data collection. The federal government should

develop and establish a means to track and aggregate data regarding racially biased policing in

and around Indian country, of Indians in urban areas, and in Alaska.

Response: DOJ’s Community Relations Service (CRS) agrees that additional outreach to Indian

Country and AI/AN communities is extremely important and an area of continued growth for

CRS. CRS aims to address this through our workforce development by seeking out new

conciliation specialists with experience working with and within those communities. CRS also

aims to hire and place conciliators in previously underserved regions with high populations of

AI/AN individuals. Through this work CRS will also encourage outreach and technical assistance

to local Indian Country law enforcement and increase partnerships with those communities.

CRS will encourage accountability of our workforce by internally tracking AI/AN outreach and

identifying service gaps. CRS will plan to train our entire workforce on best practices for

working with AI/AN communities and how to best collaborate moving forward.

DOJ will work with other agencies as appropriate to further explore the recommendation

regarding tracking and aggregating racially biased policing in and around Indian Country, of

Indians in urban areas, and in Alaska.

Chapter 3: Recruitment & Retention of Tribal & BIA Law Enforcement

Subcommittee 3 Charge and Priority Areas

Following is an excerpt from the final report describing the work of Subcommittee 3:

The charge for Subcommittee 3 was to “address staff shortages and open positions

within relevant [Tribal/BIA] law enforcement agencies, including issues related to the

hiring and retention of law enforcement officers.” The charge included a comparison of

federal/state LE pay scale, benefits, caseloads and other factors with BIA/Tribal

programs.

1. Given this broad charge, Subcommittee 3 chose the following three priority areas to

organize its work. These three specific priorities included: Comparing federal and

state LE programs with BIA and Tribal LE programs to identify factors contributing to

retention:

a. Compare caseloads and staffing resources.

b. Compare officers per population, per square miles, for violent crime

caseloads, average homicide and rate of violent crimes.

c. Compare recruitment and retention levels and resources dedicated to

recruitment and/or retention.

d. Compare experience and training, including specialized training for MMIP.

e. Compare the hiring processes.

f. Compare benefits, retirement, salary and incentive programs.

g. Compare support services for retaining LE.

Note: Through research and SME presentations, the subcommittee found little relevant

data to compare federal and state LE programs with BIA and Tribal LE programs. They

relied on the rich testimony from SME presentations and many witnesses at the eight

field hearings, as well as the experiences of commissioners. This testimony validated the

need for changes in policy, programs and legislation to bring BIA and Tribal LE to parity

with federal and state LE.

2. Recruitment: What statutory and regulatory changes and federal resources are

needed to support recruitment and retention of BIA and Tribal LE?

a. What can expedite the hiring process?

b. What benefits/incentive programs can support Tribal LE?

c. What wellness/retention programs can support BIA/Tribal LE?

3. Retention: How to provide BIA/Tribal law enforcement officers needed support and

education to deal with the stress and trauma in their work?

a. What appropriate resources, information and training in mental, spiritual and

physical health need to be accessible and funded for BIA/Tribal LEO?

b. How can bridges be built among services providers, including IHS, Tribes, and

federal and state agencies, to integrate social services, mental health support,

nutrition and physical well-being for law enforcement?

COMMISSION FINDING A: Two of the most critical inequities between Tribal LE and their

federal counterparts are: 1) pay scales; and 2) the lack of an adequate benefits package and

retirement plan. Tribal LE often leave Tribal agencies for state or federal agencies because of

these inequities. To recruit and retain Tribal LE, this inequity must be rectified. LE and other

court staff deserve equal pay and benefits, as well as the respect and recognition of value

that this equity brings.

Commission Recommendation A1: The BIA must conduct a study on the impacts of Indian

Preference hiring law have on LE recruitment and retention efforts.

Response: The Bureau of Indian Affairs (BIA) is constantly assessing new strategies to improve

recruitment and retention. For example, this has included ensuring it is recruiting as broadly as

possible within Indian Country and Alaska to engage as many potential Indian Preference (IP)

candidates as possible. BIA’s efforts have also included recruitment process reviews to ensure

policies are implemented consistently. For example, some cases were found where a

recruitment action was closed after there were no qualified Indian Preference candidates on

the hiring certification, and then the hiring manager would start the recruitment process over

and lose valuable time. BIA has targeted additional training for human resources staff and

hiring managers so they clearly know that if there are no qualified Indian Preference

candidates, then hiring managers can move on to interview non-IP candidates to fill positions. If

funding levels allow, BIA could consider supporting a more in-depth review of the impacts of

Indian Preference hiring on law enforcement recruitment and retention.

The more consistent challenges to recruitment and retention are the remote location of our job

sites; housing availability; and the competition with other federal, state, and local law

enforcement entities over salary and benefit incentives.

Commission Recommendation A5: Failing inclusion in the Federal system with pay and benefits

comparable to BIA and Federal LE, reliable funding must be provided to pay for pay increases

and retirement plans, through inclusion in the mandatory funding for public safety and justice

or other programs. Grants with time limited funding (3 years, 5 years, etc.) are unacceptable,

leaving the burden on the Tribe to support.

Response: The U.S. Department of the Interior (DOI) continues to support Congressional efforts

intended to help Tribes stay competitive and retain critical public safety personnel. DOI

particularly appreciates Congressional efforts to lower administrative barriers and give Tribal

law enforcement officers increased access to the same federal benefits, including retirement

benefits, as other federal law enforcement officers. Though Tribes have the authority to set

their pay levels as they wish, DOI continues to pursue additional public safety resources that

would enable more Tribal law enforcement agencies to offer competitive wages and salaries.

Accordingly, the BIA fiscal year (FY) 2024 budget request includes $641.8 million for BIA public

safety programs, which is an additional $62.1 million, or 11%, above the 2023 enacted level.

The requested funding increases include anticipated Tribal pay-related cost increases, as well as

additional funding to support other expanding Tribal needs for reliable annual base funding in

policing, detention, and Tribal courts.

COMMISSION FINDING B: The impacts of untreated trauma, unresolved grief, physical, mental

and spiritual deterioration are devastating not only to the individual officer but to his family

and his community. With programs that acknowledge these challenges and offer support and

healing, each officer can regain resiliency and pride in their role as a protector of the

community and as a valuable human being. Addressing the physical, mental and spiritual

needs of BIA and Tribal LE will lead to better retention of officers, as well as more stable,

productive departments. Healthy officers, practicing self-care, can be models for their

communities.

Commission Recommendation B1: Tribal LE departments, with support from federal, state, and

local health agencies and organizations, should develop and adopt holistic health programs that

include physical, mental, and spiritual health and offer individual, group and peer support

sessions for officers in need. Programs and training to establish those programs need to be

developed with input from officers and Tribal spiritual leaders, working with existing programs

(like the peer support program mentioned above) that have proved effective around the

country. These programs should be based on successes and lessons learned from efforts and

reports to date such as The National Tribal Behavioral Health Agenda. Federal agencies need to

provide funding for the development of these models as well as training for staff and providers.

Response: The Departments are committed to advancing holistic health programs for Tribal law

enforcement agencies and further supporting law enforcement officer health and wellness

because healthy officers are critical to building healthy and safe communities. The U.S.

Department of Justice (DOJ) currently offers support for Tribal law enforcement agencies to

develop holistic health programs that include physical, mental, and spiritual health and peer

support through several components and methods. Below are examples of the types of

programs and trainings DOJ has supported on this topic:

• The Office of Community Oriented Policing Services (COPS Office) provides support to

law enforcement on this topic through the Law Enforcement Mental Health and

Wellness Act (LEMHWA) (P.L. 115–113) program. LEMHWA program funds are used to

improve the delivery of and access to mental health and wellness services for law

enforcement through the implementation of peer support, training, family resources,

suicide prevention, and other promising practices for wellness programs. Tribal law

enforcement agencies are eligible for this program and have received awards, including

the Muscogee (Creek) Nation in 2020. The Muscogee (Creek) Nation Lighthorse Police

Department (LHP) project to support the Nation’s peer support team was recently

highlighted in the COPS Office’s e-newsletter, the COPS Dispatch.

• Establishing peer support can be a valuable first step in an officer wellness strategy.

During difficult times, an officer may be more comfortable approaching a peer who

understands the context and has experienced the same stressors. However, the

challenges of establishing peer support services may seem daunting in small and rural

agencies with fewer officers, smaller budgets, and expansive geography. Nevertheless, a

recent COPS-funded pilot project demonstrates ways to address these challenges,

putting peer support services within reach regardless of an agency’s size or location. A

new guidebook, “Implementing Peer Support Services in Small and Rural Law

Enforcement Agencies,” compiles best practices from this pilot project. The

International Association of Chiefs of Police (IACP), in partnership with Cop2Cop/Rutgers

University Behavioral Health Care also provided training and technical assistance (TTA)

to 10 small and rural law enforcement agencies.

• DOJ hosts an Officer Safety and Wellness Resources site that assembles several dozen

articles, podcasts, infographics, trainings, webinars, and other publications dealing with

all aspects of law enforcement officer and family wellness, including financial literacy,

substance use disorders, and preventing or recovering from the suicide death of a

colleague. These publications were produced mainly by the COPS Office and the Office

of Justice Programs (OJP)/Bureau of Justice Assistance (BJA). It is hoped that these

resources will help law enforcement agencies assemble or enrich their wellness-focused

programming.

• OJP/BJA offers the Officer Robert Wilson III Preventing Violence Against Law

Enforcement Officers and Ensuring Officer Resilience and Survivability (VALOR)

Initiative. VALOR is an effort to improve the immediate and long-term safety, wellness,

and resilience of the nation’s law enforcement officers. Through a multifaceted

approach that includes delivering no-cost training (professional education), conducting

research, developing and providing resources, and establishing partnerships that benefit

law enforcement officers, the VALOR Initiative seeks to provide law enforcement with

innovative, useful, and valuable resources and skills.

• In FY 2023, OJP/BJA made a new TTA award for the purpose of assisting Tribal law

enforcement with wellness and related needs. OJP/BJA is currently working to leverage

this new award, along with existing resources for officer wellness, under OJP/BJA’s

VALOR program to push these resources out to Tribal law enforcement. In addition,

OJP/BJA is sponsoring a Tribal law enforcement safety and wellness listening session in

Oklahoma City in December 2023 to learn more about needs.

• The Office on Violence Against Women (OVW) does not have funding to develop holistic

health programs for officer wellness, but some OVW grants, including Tribal-specific

funding, can be used to pay for officer salary and benefits for time dedicated to

responding to domestic violence, dating violence, sexual assault, sex trafficking, and

stalking. Such benefits may include holistic health programs, as long as both federally

funded and non-federally funded staff are eligible for them. OVW will share the

resources described above and in the Not Invisible Act Commission (NIAC) report with

Tribal grantees. Officer resiliency and retention are both important elements of

providing effective, trauma-informed law enforcement responses to the crimes covered

by OVW’s grant programs.

• BIA’s Office of Justice Services (OJS) is committed to providing Wellness Services to our

employees. BIA/OJS is an active user of the Employee Assistance Program (EAP). DOI’s

EAP offers professional, confidential counseling and consultation that can help

employees resolve life challenges. Services are available at no cost to DOI employees or

members of their families. DOI has contracted with Espyr, Inc. to provide

comprehensive EAP services. Espyr offers assessment, short-term counseling, and

referral services for a wide range of personal problems, as well as a variety of work/life

issues.

• Espyr professionals can help identify and clarify concerns, look at all options, and

develop a plan of action to create solutions that work. If additional assistance is needed,

employees will be referred to the most appropriate and affordable resources.

• As an expansion to the EAP in FY 2023, BIA/OJS hosted a virtual program in

collaboration between the BIA/OJS and Project ECHO. The BIA/OJS Resiliency ECHO

program was utilized to address topics such as self-care, relationships, job difficulties,

administrative stress, and burnout prevention. The program was co-facilitated by

experts in psychology, psychiatry, chronic pain, social work, nursing, and wellness

coaching. Attendees were able to gain valuable knowledge and practiced resilience skills

through the Community Resiliency Model (CRM). This program was directed to BIA/OJS

employees. In FY 2024, with a commencement date of January 9, 2024, BIA/OJS will

expand this program to our Tribal law enforcement and corrections partners.

The Departments are committed to ensuring that opportunities align with Tribes’ needs and

welcome Tribes’ feedback to help us focus our efforts.

Commission Recommendation B2: Federal agencies, including BIA, DOJ, IHS, and others must

focus funding and expertise to create a Task Force or other entity mandated to 1) develop a

model Holistic Health Program for BIA and Tribal LE departments through collaboration with

successful existing programs, Tribal spiritual leadership, Tribal Behavioral Health Departments

and with officers themselves; 2) disseminate this model with training and support for

establishing a program that is appropriate culturally to each Tribal community that needs it; 3)

Monitor and evaluate the success of each program, making adjustments as needed.

Elements of this model program can include:

• A peer support program where officers at all stages in their careers come together for

mutual support and healing. With help from counselors, spiritual leaders, and fellow LE, an

officer in need can receive trauma support, grief counseling, and healing in an environment

that is supportive and builds good health and resiliency in officers.

• Education to understand and deal with stress, depression and anger (your own and others)

• Development of cultural sensitivity and emotional intelligence, including the stages of

cultural competency ending with proficiency

• Resources for officers to use on their own, such as tool kits and online apps for officer

wellbeing

• Opportunities for honest conversation among participants about challenges and strategies

for self-care

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• Mentoring where older help younger mature, develop good judgement, deal with stress.

• Sessions where officers share painful experiences, debrief incidents, in a supportive setting.

Response: DOI and DOJ appreciate the recommendation to create a Task Force or other entity

to develop and provide training on a holistic wellness model for law enforcement.

In FY 2023, OJP/BJA made a new TTA award for the purpose of assisting Tribal law enforcement

with wellness and related needs. OJP/BJA is currently working to leverage this new award along

with existing resources for officer wellness under OJP/BJA’s VALOR program to push these

resources out to Tribal law enforcement.

DOJ will work with BIA, the Indian Health Service (IHS), and others in FY 2024 to explore the

creation of a Task Force or other entity to facilitate delivery of wellness resources to Tribal law

enforcement. The creation of this entity may require consultation by DOJ based on the

potential impact on Tribes and Tribal law enforcement.

At DOI, Secretary Deb Haaland announced the establishment of the DOI Law Enforcement Task

Force (LETF) in July 2021. The LETF was tasked with examining ways to strengthen public trust

in DOI’s law enforcement programs; ensure appropriate policy and oversight is implemented;

and ensure supportive resources are available for officer mental health, wellness, and safety.

Following significant public outreach and extensive research on national best practices and

standards, the LETF issued its report in October 2023. The report makes several

recommendations and offers prescriptive strategies for improving law enforcement services

offered by DOI programs, including BIA/OJS. As the LETF transitions into the implementation

phase of its mandate, it will continue to work with BIA/OJS to find ways to tackle these issues

and improve upon the law enforcement services provided to the Tribal communities they serve.

The LETF and BIA/OJS will also continue stakeholder engagement and Tribal outreach to share

lessons learns and best practices with Tribal law enforcement programs.

One of the LETF’s recommendations focused on establishing a law enforcement wellness

program. This program would proactively support the mental and physical health of their law

enforcement officers from recruitment to retirement. A collaborative, first-responder approach

to employee wellness should be implemented at DOI and Bureau levels to leverage resources to

provide beneficial support services, education, health monitoring, and wellness data

management. Healthy law enforcement officers have effective interactions with the public and

make sound operational decisions in the performance of their duties, which positively impacts

the public’s view of DOI law enforcement.

Additionally, in FY 2023, BIA/OJS actively worked to enhance its wellness service capabilities.

Along with the Employee Assistance Program, BIA/OJS partnered with the University of New

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Mexico and initiated Project ECHO, which is an Officer Resiliency Program available to all

BIA/OJS staff members with an emphasis on police, corrections, and investigative personnel.

This program was delivered via three eight-hour cohorts spread over eight weeks. In FY 2024,

BIA/OJS is expanding this program to include our Tribal Partners.

BIA/OJS is further in the development phase of a BIA/OJS Wellness Coordinator position to lead

BIA/OJS’s progression with employee wellness and assistance programs. This position will

oversee and support the organization with services related to Peer Support, Chaplin, additional

employee assistance resources, and Wellness Policy Development to improve BIA/OJS services.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation B3: Successful models can offer training to Tribal behavioral

health departments to develop and adopt programs, including peer support programming,

mentorship and retiree participation. With dissemination of these models and trainings, LE

departments in all jurisdictions can utilize best practices for supporting and treating BIA and

Tribal LE (at all levels) who are dealing with trauma and other stress-related health issues

exacerbated by their work demands and experiences. There are also successful models for

coordination between LE and other professionals (social workers, mental health providers,

counselors, local cultural healers) who are better equipped to deal with certain crises that LE

face.

Response: Addressing and supporting the mental health needs of our public safety employees

is an important priority for BIA/OJS and DOI agrees with the Commission that it should lead to

better retention of our officers. DOI is certain that efforts in this area will have a positive impact

on BIA/OJS, Indian Country, and Alaska overall.

As part of DOI’s efforts, BIA/OJS is developing a Mental Health and Wellness Coordinator

position to oversee Critical Incident Stress Management and Peer-to-Peer Support programs

established in FY 2023 in response to DOI’s Law Enforcement Task Force recommendations.

These programs focus on law enforcement and correctional officer resiliency within BIA. The

interactive function trains law enforcement and correctional officers on effective ways to

manage trauma, stress, burnout, substance abuse, and other issues that often arise in the line

of duty. The current model is designed to reduce health disparities and increase access to best-

practice health care for rural and underserved populations. By leveraging technology to connect

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local providers serving those populations with specialists at academic and other medical

centers, we will support ongoing virtual training and tele-mentoring sessions.

DOJ provides a variety of models and trainings to support Tribal behavioral health departments

as part of holistic health programs for Tribal law enforcement. DOJ currently offers support for

Tribal law enforcement departments to develop holistic health programs that include physical,

mental, and spiritual health and peer support through several components and methods.

Please see the response to Recommendation B1 for a sample list of the ways in which DOJ

supports these programs.

Commission Recommendation B4: Support legislation (as identified in HR 1292 BADGES Act for

Native Communities Act, March 2023) calling for BIA and Tribal Law Enforcement Officer

Counseling Resources Interdepartmental Coordination. Specifically, HHS and DOJ must

coordinate with BIA to ensure Federal training materials and culturally appropriate mental

health and wellness programs are locally or regionally available to LEO working for BIA or Tribal

LE and who are experiencing occupational stress. The bill also calls for determination of

eligibility of these officers to receive services under the Law Enforcement Assistance Program of

Federal Occupational Health of HHS, or any other LE assistance programs targeted to meet the

needs of LEOs working for federal or Tribal agencies.

Response: DOI and DOJ are committed to advancing mental health and wellness for officers

responding to violent crime in Tribal communities. In May 2022, the White House issued

Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice

Practices to Enhance Public Trust and Public Safety. As part of the EO, DOJ was tasked with

preparing the following two reports:

1. Evidence-based wellness practices, including existing and needed resources; and

2. Recommendations on improvements to suicide prevention, including improvements

in data collection.

Consequently, DOJ conducted outreach to advance DOJ’s implementation of the EO’s Section 4,

“Supporting Officer Wellness,” through meetings with DOI’s law enforcement components,

Sycuan Tribal Police Department, the Federal Law Enforcement Training Center (FLETC), the

Center for the Study of Traumatic Stress, the Department of Defense’s Suicide Prevention

Office, the Department of Veterans Affairs, the Law Enforcement Suicide Data Collection

(LESDC) Program Task Force, and the International Employee Assistance Professionals

Association.

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DOJ has publicized DOJ training and funding opportunities to Tribal, state, and federal law

enforcement. Examples of such opportunities include:

• The Law Enforcement Mental Health and Wellness Act (LEMHWA) Program -

Implementation Projects (COPS Office) (https://cops.usdoj.gov/lemhwa). The 2023

solicitation aimed to support local, state, Tribal, and territorial law enforcement

agencies seeking to implement new or enhance existing programs that offer training

and/or services for officer mental health, peer mentoring, suicide prevention, stress

reduction, and police officer family support.

• VALOR Officer Safety and Wellness Initiative (DOJ/BJA)

(https://bja.ojp.gov/program/valor/overview). The Officer Robert Wilson III Preventing

Violence Against Law Enforcement Officers and Ensuring Officer Resilience and

Survivability Initiative is an effort to improve the immediate and long-term safety,

wellness, and resilience of the nation’s law enforcement officers. Through a

multifaceted approach that includes delivering no-cost training (professional education),

conducting research, developing and providing resources, and establishing partnerships

that benefit law enforcement officers, the VALOR Initiative seeks to provide law

enforcement with innovative, useful, and valuable resources and skills.

• DOJ/BJA is dedicated to helping law enforcement officers and the communities they

serve stay safe and well. Because officer safety and community safety are intrinsically

bound, requiring a strong and positive partnership, the VALOR Initiative provides a

comprehensive approach to addressing law enforcement officers’ needs and building

strong and positive partnerships with the communities they serve.

The VALOR Initiative supports law enforcement through its programs that address the following

topics:

• Comprehensive Officer Safety and Wellness

• Law Enforcement Resilience

• Law Enforcement Suicide Prevention

• Roadway Safety for Law Enforcement

• Officer Safety and Wellness Research

• Strengthening Partnerships

In addition, the National Indian Country Training Initiative (NICTI) used a VALOR officer as

faculty at the National Advocacy Center. The officer provided a powerful presentation about

how to access mental health resources and how to maintain emotional and mental health,

based on his personal experience of being shot while on duty and missing out on future

opportunities in his law enforcement career due to catastrophic injuries.

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As an addition to the Employee Assistance Program, BIA/OJS partnered with the University of

New Mexico and initiated Project ECHO—An Officer Resiliency Program available to all

BIA/OJS staff members with an emphasis on police, corrections, and investigative personnel.

This program was delivered via three eight-hour cohorts spread over eight weeks. In FY 2024,

BIA/OJS is expanding this program to include its Tribal Partners.

BIA/OJS is further in the development phase of a BIA/OJS Wellness Coordinator position to

lead BIA/OJS’s progression with employee wellness and assistance programs. This position

will oversee and support the organization with services related to Peer Support, Chaplin,

additional employee assistance resources, and Wellness Policy Development to improve

BIA/OJS services.

We note that this recommendation is also directed at HHS. HHS may have additional feedback

to provide under separate cover with respect to this recommendation.

Commission Recommendation B5: The creation of family-focused care for Tribal LE, holistic

support services do not just benefit the officer, the community they serve, and the department

they work in. These services foster a healthy family environment for the officer. Based upon the

Family Matters report from the International Association of Chiefs of Police, it is the

recommendation of this subcommittee to focus a branch of holistic care on Tribal LE families.

This branch should focus on the creation or expansion of key items such as, but not limited to

implementing childcare, maternal and paternal care, and private rooms for nursing for female

LE. Other areas of focus for Tribal LE families would be access to mental health and trauma

services, support specialists, and other family support programs. All of this family-focused care

should be done with cultural context and created with consultation from Tribal leaders, Tribal

communities, and Tribal LE as a united effort to create an all- encompassing system that takes

care of everyone. As stated in the prior report, “Agencies that promote family-inclusive wellness

resources may be more appealing to potential recruits and make them more likely to stay with

an agency as their families grow and they evolve throughout their career.”

Response: Dedicated to officer safety and wellness, OJP/BJA’s VALOR Program is a

comprehensive effort that includes in-person and virtual training, dynamic resources, and

customized assistance for law enforcement officers and their agencies. The goal of the program

is to provide law enforcement personnel with the necessary tools to return home safe and well

after every shift. The VALOR Program offers training and resources for every level of law

enforcement, from agency executives to mid-level supervisors and line officers. In addition to

its extensive suite of training offerings, VALOR’s newest training, Safer Together, emphasizes

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and strengthens the link between officer safety and wellness, community trust, and crime

reduction. While OJP/BJA officer safety and wellness (OSW) resources are focused on sworn law

enforcement members, there are aspects of OJP/BJA OSW resources that have indirect benefits

for law enforcement families, such as training on financial fitness for law enforcement,

increasing resilience, mitigating stress, and physical health. If available resources allow, OJP/BJA

would explore developing additional resources specifically for law enforcement families.

COMMISSION FINDING C: As new recruits enter the workforce, they are offered training,

which in too many cases fails to prepare them for the challenges of their new career, as well

as introduce them to the opportunity to become a valuable, respected member of the

community. Lacking the skills, knowledge and understanding needed to perform daily duties,

relate to the community and handle crises, the new hire may resign, or transfer to another

agency, leaving a vacancy in the BIA or Tribal LE department. The testimony from field

hearings emphasized the harm caused communities by the rapid turnover of LE officers in

tribal communities. Policy and operational changes are needed to ensure orientation and

training is comprehensive and appropriate for the needs of the modern BIA and Tribal LEO.

Commission Recommendation C1: Federal LEAs and training academies should revise and

reinvent training programs for recruits as well as established LEOs. Below are suggested

components for training a more skilled, resilient, and healthy LE workforce:

• Invite sharing of the wealth of experience and expertise in the room, including telling the

story of an operation, what went right and what went wrong, and how LE can react in the

most beneficial way.

• Train to support a healthy, non-toxic work environment that fosters a culture of recognition,

respect, trust and value, between LE and community.

• Teach trainees to understand the laws we are all bound by, including Tribal laws, codes and

ordinances, and Tribal sovereignty issues in their particular area.

• Show trainees how to present themselves in the community, how to be disciplined, fair,

effective, and keep the balance between strong and compassionate.

• Include mentoring and peer support, throughout training and orientation.

• Train on de-escalation techniques to defuse a potentially violent situation.

• Instruct in the use of NARCAN.

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• Show how coordination with other professionals, like social workers, counselors, local

healers can result in a better outcome for the victim, officer, community and even

perpetrator.

• Include training to respect fellow officers, male and female and LGBTQ, and provide

processes for addressing abuses, to ensure that all feel safe.

• Make training accessible to all, using online courses for remote areas and providing free

training where needed.

Response: The BIA United States Indian Police Academy (IPA) instructor positions are filled with

both Indian and non-Indian personnel with significant experience working in Indian Country and

Alaska. In covering the training requirements, instructors consistently integrate personal

experiences, including successes and failures, into the course to enrich the content and engage

students. Currently the Academy uses a student feedback model when teaching and engaging

with students. The model consists of assessing what the student understood about the specific

training both before and after the activity being taught, the student’s reaction, and how the

student’s response could be improved through instructor coaching and mentoring.

To support a healthy work environment that fosters a culture of recognition, respect, trust, and

value between law enforcement personnel and the community, the IPA basic training includes a

16-hour block of instruction termed Blue Courage. Blue Courage was established in 2013 as part

of the 21st Century Policing Task Force and is funded by DOJ/BJA. The initiative was designed to

educate officers on principles and practices of human effectiveness, purpose-driven work,

resilience, positive attitude, and sound judgment.

Another consistent theme reinforced throughout IPA courses is the sovereign nature of Tribes

and how that is reflected in their laws, codes, and ordinances. Though the IPA provides 108

hours of constitutional criminal law instruction, it is not feasible to cover the hundreds of

unique sets of Tribal criminal codes. To address the peer support needs of students, the IPA

ensures on-the-spot mentoring throughout the training cycle. We assign administrative staff

(not instructors) who are certified to provide peer support to all in need. In addition, the IPA

has partnered with the Federal Law Enforcement Training Center to provide peer support if the

individual prefers someone outside of IPA.

The IPA also ensures six hours of training on de-escalation techniques. The student learns to

apply conflict management strategies to include de-escalation, communication, and mitigation

techniques to better manage difficult situations and prevent harm to the officer and others.

Four hours of instruction are provided with a first responder’s approach to an opioid-related

overdose. The student learns to identify the signs and symptoms of an opioid overdose and

apply life-saving techniques that will increase the survivability to the patient. These include

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rescue breaths, basic first aid, and administration of Naloxone (a prescription opioid

antagonist).

The IPA also provides a five-hour block of instruction for Indian Country Victim Services where

the student learns to identify the individual as a victim of crime, employ psychological first aid

techniques, provide the mandatory services of the victim, and contact Victim Services.

Further, the IPA has established the Advanced Training Center (ATC) located in North Dakota.

The ATC is staffed with one criminal investigator, three police officer instructors, and two

correctional officer instructors. Last fiscal year, the ATC provided six training sessions

throughout Indian Country, a total of 44 Advanced courses, and six virtual trainings including

four virtual dispatch certifications. A total of 957 students were trained by the ATC in FY 2023.

Currently, the IPA is not funded to provide widespread direct online training throughout Indian

Country or Alaska. With additional appropriations, a plan to establish this capability could be

developed.

DOJ also agrees with the need for training in line with this recommendation and has taken steps

to integrate these models into DOJ training academies. For example, the Federal Bureau of

Investigation (FBI) incorporates training in diversity and resiliency as a matter of practice and

focus. The FBI provides its Indian Country agents with more specific training on cultural

sensitivities and considerations, including working with outside agencies like victim services,

social services, and community organizations. The FBI also provides a robust mental wellness

program for its Indian Country agents and incorporates those concepts in its continuing

education programs.

The Drug Enforcement Administration (DEA) has also updated training opportunities and is

developing training partnerships to better support Tribal agencies and communities. DEA uses

Division Training Coordinators around the country to provide training to BIA and Tribal law

enforcement. For example, the DEA Seattle Field Division hosts a two-week Basic Narcotics

Investigator School every year. BIA typically sends newer agents to attend this training. The

New England Field Division hosts a similar training twice a year and actively advertises the

training to Tribal law enforcement in the New England area.

Additionally, DEA Headquarters hosts a yearly seminar for BIA and Tribal law enforcement. This

comprehensive training includes presentations by the DEA; the U.S. Attorneys’ Office; the FBI;

the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Homeland Security

Investigations (HSI); and HHS. During this seminar, BIA and Tribal law enforcement are trained

on a variety of topics, including DEA capabilities, Naloxone, prosecution in Native American

Country, virtual currency, diversion, FBI interview and interrogation, gangs, fentanyl trafficking,

firearms investigations, and community outreach. The DEA is currently working with BIA to

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incorporate DEA training materials into the BIA training academy curriculum. Furthermore, the

DEA Victim/Witness program mandates training that includes responding to American

Indian/Alaska Native (AI/AN) victims.

Commission Recommendation C2: Conduct a study for the feasibility of a federal certification

program for BIA and Tribal LE designed to promote a healthy, balanced, positive, self-aware

officer capable of handling the particular stresses of today’s world, with awareness and

sensitivity to the unique needs of each situation.

Response: In FY 2023, the Indian Affairs Public Health and Safety Team worked with BIA/OJS to

develop and implement a Resiliency ECHO program which focuses on coping with stress;

managing anxiety; self-care; psychological first aid; relationship issues; and how to identify

substance use disorder, depression, and post-traumatic stress disorder. This effort includes

training webinars on Post-Traumatic Growth, the Self-Care Interactive Online Network (SCION),

and Stress Management with BIA/OJS Leadership. There were 222 cumulative registrants for

three eight-week cohorts, including Sleep and Self-Care, Coping with Stress, Historical Trauma

in American Indian Populations, Peer Support, and PTSD. Classes concluded at the end of

August, followed by an evaluation and reporting period.

There was a positive response to the program, and BIA/OJS will continue the initiative in FY

2024 to maximize employee potential, retention, and morale. To build on these efforts, BIA/OJS

could benchmark with other federal law enforcement agencies and collaborate with DOJ in

creating a baseline with the parameters they are using presently to vet their law enforcement

and law enforcement officers to provide recommendations. BIA hopes to collaborate with other

agencies in the future, such as IHS or external entities like health care organizations, to enhance

sustainability of the law enforcement workforce to address health and emotional fitness.

Commission Recommendation C3: Promote and facilitate universal and cross-jurisdictional

training across LEAs. Universal training of Tribal and state LEOs brings together peace officers

with a common foundation of skills and operational understanding. It can also offer a shared

certification as peace officers. Not only do trainees gain the same skills and knowledge, but

they develop relationships and a level of comfort with each other that will benefit future cross-

deputizations. It will be important to ensure that Tribal LEOs also receive cultural components of

training at the BIA Training Centers. Many states, including New Mexico and California,

recognize Tribal LE through the discretion of local LE. Training together will promote

coordination and cross- deputization as LEOs share certification.

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Response: Through its ATC in collaboration with the North Dakota National Guard, the IPA

provides cross-jurisdictional training to all law enforcement agencies. The ATC is located in

Devils Lake, ND, at Camp Grafton. To date, the ATC has provided more than 42 different

advanced courses, enrolled more than 1,200 students, and graduated a total of 868. Classes

were provided in the areas of Missing or Murdered individuals, Cold Cases, Interviewing, Search

and Rescue, and Crime Scene Processing. In just a few years of operation, the ATC has reached

its current funded capacity and DOI is researching other means to deliver additional training

throughout Indian Country.

Commission Recommendation C4: Promote and facilitate co-training with advocacy groups to

ensure mutual understanding and respect for the contributions of all to addressing community

problems. These trainings can be co-located and co-led to demonstrate the partnership

between LEOs and community advocates, and can cover a wide variety of topics including

mental health, substance use, MMIP and HT.

Response: The IPA and ATC are coordinating planning efforts with the BIA Victim Assistance

Program on ways to develop a capacity for co-training sessions that involve law enforcement

personnel and community advocacy groups to meet broader community partnership needs

such as mental health, substance abuse, missing or murdered Indigenous persons (MMIP) and

human trafficking (HT) challenges.

COMMISSION FINDING D: Distrust and tension between LE and communities is a significant

barrier to recruitment and retention of officers. Applications for LE positions are significantly

lower than a decade ago, and they continue to drop. BIA and Tribal LE departments need to

be able to send a message that is positive, that offers a position of value and respect. A core

change in community-police relations has the potential to change this negative narrative over

time. Community-based policing has proved successful in large and small cities around the

country and can be adapted to Indian country.

Commission Recommendation D1: Develop a national outreach strategy in coordination with

BIA and Tribal LE, Tribal nations and communities, and federal agencies to recruit and retain

BIA/Tribal LE. This outreach should target both potential candidates and communities and

should emphasize the principles of community-based policing.

Key messages are:

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• BIA and Tribal LE are committed to keeping communities safe and healthy, while building

trust and relationships with those communities.

• The problems they face every day are problems that we all share and that we can all tackle

together.

• A career in BIA and Tribal LE is challenging, like the military, but offers deep satisfaction, and

is worthy of respect.

• A LEO is a member of the community, committed to understanding and supporting the

community needs wherever possible.

• Every effort will be made to support and retain local LEOs who choose to work in their own

communities.

Response: BIA’s Central Office of Human Resources has taken a proactive measure by

implementing a concept that uses in-person recruiting and educational events to connect and

engage directly with communities and potential applicants, which include but are not limited to

Indian Preference candidates, veterans, military spouses, federal employees, individuals with

disabilities. The office also conducts outreach to community veterans’ service organizations,

students, and recent graduates.

The BIA is also actively working towards standardizing recruitment outreach to increase

awareness of the Agency’s mission and attract candidates for entry- and mid-level positions by

engaging with DOI’s Bureau of Indian Education, and Bureau of Trust Funds Administration to

target communication venues and channels, including social media spotlighting and social

engagement activities. The Office of Human Capital Management (OHCM) is also actively

engaged in efforts to expand utilization of the Pathways and Presidential Management Fellows

(PMF) Programs to include Indian Affairs positions.

Commission Recommendation D2: Develop outreach programs to Tribal communities where LE

can tell their stories, why they joined, what the experience has been like, what are the

challenges and rewards. Development of the strategies for outreach and recruitment will be in

the hands of a collaboration of BIA and Tribal LE, Federal agencies, Tribal Nations, and

communities.

Some guidance and examples are below:

• Preparing potential recruits: Educating, sharing experiences, offering ride-alongs all can give

interested candidates, including at the high school level, a realistic and positive picture of

what to expect, both the challenges and the rewards. Paid internships can be offered for

serious candidates who want to experience Tribal LE firsthand. Candidates from the

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community will be encouraged and supported in the decision to serve as LEO within their

community.

• Giving a positive image: Stories that highlight officers from Tribal nations who are proud of

their roles and are bringing honor to the LE career can inspire potential candidates.

• Engaging local communities: Community-based policing can begin with small steps, such as

community conversations about the role of BIA and Tribal LE, with the goal of increasing

understanding about the challenges and benefits, hearing community concerns, and

beginning to build trust. Other activities can connect with advocates, taking them on ride-

alongs, modeling how they treat people, and help them see that this is not just an LE

problem, but a community and society problem that we can all address in our own ways.

• Public relations and outreach: Increased and updated posting on social media and job

websites, targeted recruitment and advertising, and outreach to Tribal colleges and

universities can show positive LE roles and tell stories to change attitudes. Tribal

communications departments can help develop tool kits and resources with data, key

information, benefits and challenges of a LE career. Outreach can also happen at non-

traditional events where interested candidates might be found.

Response: The implementation of the community-oriented policing philosophy is the first step

in a BIA/OJS law enforcement program establishing police and community engagement

opportunities that will support recruitment and retention efforts. The effort to build a

partnership with the Tribal government and community is the responsibility of the police

department and their local officers. A partnership that works together to implement problem

solving strategies to address crime, fear of crime, and improve the quality of life in Tribal

communities is critical. Once the partnership is developed, then outreach programs or local

events with local high schools, Tribal colleges, and local job fairs can be coordinated and

planned by the local officers and community stakeholders to educate the community on the

benefits and rewards of being a law enforcement officer in Indian Country.

Additionally, BIA/OJS will work to partner with the Indian Higher Education Consortium, Tribal

college and university leadership, and Native American associations to coordinate and plan

opportunities for BIA law enforcement personnel to discuss Indian Country law enforcement

professions and opportunities and answer questions about the profession.

Commission Recommendation D3: Support and fund the replication of the BIA Tribal Youth

Police Program and other successful models throughout Indian country as a way of educating

and recruiting potential LE candidates.

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Response: BIA/OJS supports this recommendation. In June 2023, the BIA/OJS conducted a

youth outreach program pilot in partnership with the Bureau of Indian Education Riverside

Indian School to present the Youth Indian Police Academy. More than 20 high-school-aged

youth from around the country were selected by application and recommendation for their

participation in the two-week event. The youth were engaged in all aspects of law enforcement

that occur in Indian Country at the federal, state, and Tribal levels. The curriculum included

uniformed patrol, criminal investigations, K-9 use, missing or murdered investigations,

corrections, dispatch, administration, and first responder training. BIA/OJS is currently

developing plans to replicate the successful event at other locations.

COMMISSION FINDING E: Women in law enforcement often bring a balanced approach to

their work, whether dealing with victims at crime scenes, or engaging with the community, or

handling workplace conflicts. Only 12% of US LEOs are female, and only 3% are in leadership

positions. Increasing the number of women and other diverse groups brings skills, life

experience and perspectives that are critical in serving the community. BIA and Tribal LE

agencies and departments have difficulty attracting female LE candidates for a variety of

reasons, many related to the competing needs of family responsibilities. Addressing those

reasons will result in increased recruitment and retention rates. The recommendations below

address several of the changes that need to be made to attract and retain female and other

diverse groups to a career in LE.

Commission Recommendation E1: Support and fund the recommendations in National Institute

of Justice 30x30 Initiative to Advance Women in Policing. The 30×30 Initiative is a coalition of

police leaders, researchers, and professional organizations who have joined together to

advance the representation and experiences of women in policing agencies across the United

States. The goal is to increase the representation of women in police recruit classes to 30% by

2030, and to ensure police policies and culture intentionally support the success of qualified

women officers throughout their careers.

Response: In FY 2023, OJP/BJA made an award under the FY 2023 Advancing Women Officers in

State and Local Law Enforcement: Technical Assistance and Microgrant Program providing

funding to support the implementation of the 30x30 Initiative to advance women in policing in

state, local, and Tribal law enforcement agencies, provide technical assistance to law

enforcement agencies participating in the 30x30 Pledge, and administer a competitive

microgrant program to these agencies.

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Commission Recommendation E2: Seek applicants in related fields, like social work, nursing,

counseling, mental health, substance use treatment.

Response: DOI’s Department of Indian Affairs will continue to expand recruitment events and

strategies to reach women and a diverse population with a broader set of skills. A key factor in

this will be peer engagement focused on a communication strategy that revolves around key

communicators, such as female BIA/OJS officers leading engagement and outreach. BIA/OJS will

also consult with IHS Scholarship Programs on how to create a pipeline to reach social and

healthcare professionals and engage with educational institutions. It will also work to partner

with other federal government agencies, Tribes, or states with similar programs.

Commission Recommendation E3: Provide specific support needed for female officers, such as

day care, private rooms for nursing and breast milk pumping, maternity leave, and paternity

leave as well, and shift scheduling to accommodate the needs of LEOs with families.

Response: Federal civilian employees (including BIA/OJS employees) are afforded paid parental

leave when coverage meets the criteria established within 5 U.S.C § 6382 and 5 CFR part 630,

subparts L and Q. BIA/OJS will conduct research to identify any areas throughout the

organization where female law enforcement officers may not be receiving adequate support.

The research will include gathering and reviewing data compiled from female and male law

enforcement officers, as well as program managers, about the current agency and district

resources available to female law enforcement personnel. Based on the findings, the BIA/OJS

will develop strategies to assist BIA/OJS Management in determining what updates may be

needed to existing applicable policies and procedures. Upon completion of any policy updates,

the BIA/OJS will share policies with Tribal law enforcement agencies.

COMMISSION FINDING F: Recruitment of BIA and Tribal LE has suffered in recent years, with

many if not most Tribes seriously understaffed. This is bad for morale, mental and physical

health of officers, and it contributes to the perception in communities that LE is either not

available or does not care, or both. The reputation and the productivity of these LE agencies

suffer from a lack of quality recruits, as older officers retire or move to other positions with

less stress and more benefits.

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Commission Recommendation F1: The Federal government must create a Federal

undergraduate LE scholarship program that provides tuition benefits enabling individuals

committing to a BIA or Tribal LE career to obtain a college degree.

Response: The Departments are supportive of enabling individuals committing to a BIA or Tribal

law enforcement career to obtain a college degree. BIA/OJS will also consult with IHS

Scholarship Programs, other federal government agencies, Tribes, or state programs with

similar programs to determine if this is feasible for BIA/OJS to undertake.

Commission Recommendation F2: The Federal government should establish an education

assistance program for BIA and Tribal LEOs that could include a scholarship or loan forgiveness

option to enable officers to pursue undergraduate, advanced degrees, or continuing education

programs to help their career and perform their LE obligations more effectively.

Response: There are existing loan repayment programs for federal employees. Indian Affairs

makes efforts to ensure all law enforcement management and staff understand the

opportunities for loan repayment and explore options to augment these efforts. BIA/OJS will

also consult with other federal agencies with similar programs to determine the feasibility of

implementing additional programs but defers to Congress on developing new programs.

Commission Recommendation F3: The Federal government must establish a loan forgiveness

program specifically for BIA and Tribal LE to offer loan forgiveness options for individuals who

have already completed undergraduate degrees and carry student loan debt when they enter LE.

The model for this proposal can be found in the Department of Education’s Public Service Loan

Forgiveness (PSLF) program.

Response: Please see the response to F2.

Commission Recommendation F4: The Federal government must consider modifying PSLF’s

requirements for LE or establishing a specific loan forgiveness program for LE so officers can

qualify starting on the first day of their job for loan forgiveness options.

Response: The Departments are supportive of finding ways to reduce student loan burdens on

law enforcement officers but will need to coordinate with colleagues at other agencies to

determine the feasibility of such a program and assess whether Congressional action would be

necessary.

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COMMISSION FINDING G: There are administrative, statutory, and operational barriers that

prohibit or discourage Tribal LE departments from applying for badly needed grants.

Commission Recommendation G1: This Subcommittee recommends a process to address

barriers to Tribal LE programs.

• This includes a thorough review of all LE grant programs to identify barriers that prevent or

discourage Tribal LE programs from applying such as the ability to retain officers after a 3-

year grant period is over for example.

• Pursue ways to remedy these barriers through revision and reform of grants programs to

increase access and success for Tribal LE departments and agencies.

A Note Regarding Advocates: This Subcommittee would like to note for Recommendation G1

that any increase of funding related to Tribal or BIA LE programs should not come at the cost of

victim advocates and other associated victim support programs. It is a finding of this

subcommittee that Tribal communities need LE, victim advocates, and victim support programs

to coordinate and work together as well as be properly funded to do their work.

Response: DOJ has integrated feedback mechanisms to identify and remove barriers and create

more accessibility to Tribal law enforcement grant programs. The Coordinated Tribal Assistance

Solicitation (CTAS) team reviews the annual Coordinated Tribal Assistance Solicitation

Assessment and applicant webinar feedback evaluations, conducts Tribal listening sessions and

Tribal consultations, and gathers feedback from senior leadership and administrators to guide

the development of future CTAS solicitations. Feedback collected has helped draft future

solicitations and identified areas where additional support could be provided to future

applicants of the solicitation, such as applicant webinars and training and technical assistance

provided to applicants. Specific efforts to reduce barriers have included the following:

• Streamlined application questions, provided user-friendly templates, provided sample

templates (i.e., sample timeline templates), and provided successful application

materials packet.

• Reduced and consolidated questions on application-required documents, provided

templates in Microsoft Word to help applicants enter text, reduced required documents

for the CTAS solicitation (three documents to pass Basic Minimum Review), and

provided all application materials on the DOJ Tribal Justice and Safety website and the

respective DOJ/CTAS component websites. This includes demographic questions or

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other survey questions that are completed in JustGrants. Applicants can preview the

questions prior to entering information on JustGrants.

• Eliminated the “Tribal Authority to Apply” document as a required document, except in

the case of a Tribal designee that is applying on behalf of a Tribe in those Purpose Areas

that allow it or for Tribal Consortiums of two or more Tribes.

• Provided an application checklist within the solicitation itself to help applicants. All

solicitation materials are also online. Additionally, CTAS has a frequently asked

questions document that is updated throughout the application season, and individual

Purpose Area fact sheets that provide a quick snapshot of the Purpose Area.

• CTAS hosts more than 10 applicant webinars during the solicitation open period,

including specific Purpose Area webinars, a JustGrants webinar, an Alaska and other

rural communities webinar, a budget webinar, and an Overview and Final “office hours”

Q&A webinar.

• A CTAS-specific JustGrants applicant webinar was created for the applicant webinar

season.

• CTAS also provided an applicant webinar targeting specifically Alaska and other rural

communities on how to apply for the CTAS solicitation in JustGrants.

• CTAS hosts accessing grants workshops (specifically inviting unsuccessful applicants).

These workshops provide an overview of the solicitation, including the mechanics of

formatting a grant narrative and addressing all of the application components, creating

a budget, and common mistakes to avoid when writing CTAS applications.

• For the COPS Office Tribal Resources Grant Program (TRGP), which is Purpose Area 1 in

CTAS, the following actions have been taken:

o Moving TRGP Hiring and most of CTAS Purpose Areas to five years of funding

instead of 3 to increase impact longevity of grants.

o Allowing start-ups to be eligible applicants in FY 2020.

o Based on Tribal law enforcement needs, the COPS Office is striving to maintain

maximum flexibility on allowable costs under the program.

o The COPS Office has hosted a COPS-specific listening session to receive feedback

on Purpose Area 1.

• The COPS Office also made an addendum to its Retention Policy: When a TRGP-Hire

grantee is not able to retain its grant-funded position(s), the TRGP-Hire grantee may

apply for a retention exemption and the COPS Office will conduct a standard compliance

review of the retention requirement. If the TRGP-Hire grantee is exempted from the

retention requirement, they will be notified of the opportunity to apply for continuation

funding for the exempted grant position(s) through the next TRGP in CTAS.

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OVW grant programs support coordinated community responses to domestic violence, dating

violence, sexual assault, stalking, and for some Tribal-specific programs, sex trafficking. Under

these programs, law enforcement, victim advocates, and others work together to enhance

victim safety and offender accountability. OVW has worked to reduce barriers Tribes face in

accessing grant funding in response to feedback from Tribal leaders and grantees. For all grant

programs, OVW offers live and recorded pre-application webinars to go over application

requirements in detail and answer questions about the application process.

OVW’s Tribal Affairs Division (TAD) also provides weekly office hours during open solicitation

periods for applicants to have direct access to program staff and ask questions about the

application requirements. In FY 2022, TAD launched a series of videos to help potential

grantees plan for, develop, and submit their applications. In FY 2023, TAD began offering a one-

day workshop for Tribes not currently receiving OVW funding on how to plan a fundable project

under OVW’s Tribal-specific programs. TAD’s Project Implementation Workshop for Tribal

grantees, begun in Alaska in 2017 and recently expanded to the lower 48, provides hands-on

assistance from OVW staff and technical assistance providers with both programmatic and

financial management of OVW grants, which has improved Tribes’ access to OVW funding.

Finally, TAD has reduced application requirements, postponed submission of required

documents so that only those selected for funding need to submit them and created simplified

application paths for new applicants.

Some Tribes may find the requirement that OVW-funded officer time be devoted to domestic

violence, dating violence, sexual assault, stalking, and sex trafficking difficult to meet, but the

officer position may be prorated so that the officer may handle other types of crime with time

funded by other sources. Dedicated officer time to these crimes, whether full or part-time, may

result in increasing survivors’ access to safety and justice and thereby preventing MMIP and HT

incidents.

DOJ continues to review additional flexibilities, such as reducing reporting burdens under grant

programs, which is also in keeping with EO 14112. DOJ commits to continue seeking feedback

from Tribes for recommendations on application processes through consultations, listening

sessions, and CTAS assessments.

BIA does not administer law enforcement grants. BIA provides funding to Tribes for law

enforcement through direct funding and agreements under ISDEAA, P.L. 93-638.

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Chapter 4: Coordinating Resources—Criminal Jurisdiction, Prosecution,

Information Sharing (Tribal-State-Federal MMIP and HT

investigations)

Subcommittee 4 Charge and Priority Areas

Following is an excerpt from the final report describing the work of Subcommittee 4:

Coordination of resource allocations and information sharing between Tribal, state, and

federal MMIP and HT investigations to increase: 1) MMIP and HT case resolution; 2)

prosecution of murder and human trafficking offenses on Indian lands and of Indians;

and 3) information sharing with Tribal governments on violent crime investigation and

prosecutions in Indian lands that were terminated or declined. The overriding purpose

of this section of the Act is to improve the coordination of resources and information

across jurisdictions to better support investigations and prosecutions.

Note: It is relevant to make recommendations to Tribes located in states where PL-280

and similar laws have conferred Indian country jurisdiction on the state and in places

where federal Indian country jurisdiction applies.

Subcommittee 4 chose the following three priority areas to organize its work. These priorities

included:

1. Increasing Coordination of Cross-Jurisdictional Investigatory Resources

2. Criminal Justice Information Sharing, Cross Training and Multi-Jurisdictional Task

Forces

[2.1] Tribal Nations Community Response Plan (TCRP)

[2.2] Office on Violence Against Women (OVW)

[2.3] Training Across the Board

[2.4] Accountability

3. Victim Advocacy/Information Sharing Checklist

[3.1] Regarding autopsies

[3.2] Jurisdiction and Communication

COMMISSION FINDING A: In too many documented instances, investigations conducted by

Tribal, state, and federal agencies following receipt of a missing person report have been

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impeded by intolerable lag times resulting from a lack of expertise, coordination,

cooperation, planning, and forensic follow-through, negatively impacting the success of the

rescue operation as well as the interim provision of services to missing persons’ families.

Commission Recommendation A1: The persistent and unacceptable lack of close training (and

trust) among Tribal, BIA, FBI, and State first-responder agencies (and other Tribal officials) in

MMIP/Violent Crime matters must be addressed through mandatory protocols with (if

necessary) funding and equipment incentives attached. DOI/DOJ, through the offices of BIA/OJS

and FBI, respectively, must take the lead in bringing Tribes and states together through listening

conferences, joint executive sessions, cross-jurisdictional training, and funding incentives. We

recommend this training be regional in order to bring together widely dispersed communities.

Training for trainers can be completed at the National Advocacy Center, through the auspices of

the National Indian Country Training Initiative, and a 5-year curriculum should be constructed.

We also recommend that in carrying out this effort, the parties reach out to Tribal colleges to

assess their ability to lend services pertinent to the effort.

Response: The Federal Bureau of Investigation (FBI) agrees that close coordination and

cooperation is essential in multijurisdictional investigations that often occur in Indian Country.

The FBI has for years participated in joint Indian Country training with Bureau of Indian

Affairs/Office of Justice Services (BIA/OJS) and Tribal law enforcement agencies. The FBI,

through the National Indian Country Training Initiative (NICTI), is in the process of

implementing additional joint training for new investigators and prosecutors in Indian Country.

Additionally, the BIA/OJS scheduled several cross-jurisdictional training events for FY 2024.

Through the United States Indian Police Academy (USIPA), the BIA/OJS has provided Indian

Country Criminal Investigation Course. Costs are shared between both BIA and FBI. USIPA is

now looking at restructuring the class to fulfill the training needs for partner organizations

including Tribal, state, local, and BIA.

Commission Recommendation A2: DOI/DOJ must mandate the coordination of all aspects of

multi- jurisdictional investigations and prosecutions of MMIP and Violent Crime in Indian

country, annual audits of Tribal, federal, and state prosecutions in Indian country, and tighter

oversight of Tribal law enforcement agencies.

Response: Promoting public safety in Indian Country and addressing missing or murdered

Indigenous persons (MMIP)-related investigations and prosecutions requires coordination and

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collaboration between federal, Tribal, state, and local law enforcement partners. The U.S.

Department of Justice (DOJ) recognizes that its federal partners are critical to the success of

investigations and ensuring services are provided to victims and victims’ families. In November

2022, the FBI and BIA finalized a new memorandum of understanding that establishes

guidelines regarding the respective jurisdictions in certain investigative matters and provides

for the effective and efficient administration of criminal investigations in Indian Country. This

FBI-BIA memorandum of understanding extends to unresolved cases, as both law enforcement

agencies will leverage the resources of their respective agencies to better address unresolved

cases and communicate with grieving families.

DOJ has also charged United States Attorney’s Office (USAO) with establishing clear protocols

for how they will work with relevant federal, Tribal, state, and local law enforcement partners

to efficiently respond to crime in Indian Country. See Memorandum on Promoting Public Safety

in Indian Country from the Deputy Attorney General (DAG) to Director, ATF, et al. (July 13,

2022). All USAOs with Indian Country responsibilities updated their operational plans in

November 2022, and will continue to do so annually after consultation with Tribal partners.

In addition, on October 10, 2020, Savanna’s Act was signed into law to improve the federal

government’s response to missing or murdered American Indian/Alaska Native (AI/AN). Section

5(a) of the Act requires the Attorney General to “direct United States Attorneys to develop

regionally appropriate guidelines to respond to cases of missing or murdered Indians.” As

required by statute, the guidelines must address inter-jurisdictional cooperation among law

enforcement agencies at the Tribal, federal, state, and local levels, including inter-jurisdictional

enforcement of protection orders, and set forth the specific responsibilities of each law

enforcement agency. The U.S. Attorney as the chief federal law enforcement officer in each

federal judicial district can convene all law enforcement agencies to develop and implement

district-wide Section 5(a) guidelines. All relevant USAOs have had these guidelines in place since

the spring of 2022. USAO personnel, such as Tribal Liaisons and MMIP Regional Outreach

Program personnel, will continue to engage with Tribes and law enforcement agencies working

in Indian Country to ensure the guidelines are being followed.

Each year, the Executive Office for United States Attorneys (EOUSA) prepares a statutorily

mandated report entitled, United States Department of Justice Indian Country Investigations

and Prosecutions Report. This report details the FBI’s investigative efforts and the disposition of

matters received by USAOs with Indian Country responsibilities. Because DOJ does not have

data on state or Tribal prosecutions in Indian Country, the report is limited to federal

investigations and prosecutions.

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Although DOJ does not have direct oversight of Tribal or state law enforcement agencies, DOJ

will continue to refine its communication, collaboration, and coordination protocols through its

operational plans, with the goal of expeditiously investigating and prosecuting MMIP-related

matters to bring justice to grieving family members.

Commission Recommendation A3: Initiatives to address these deficiencies must be

implemented between 1 and 18 months from the start date.

Response: Please see response for recommendation A2.

Commission Recommendation A4: The Secretary of the Interior must establish a board of

family advisors to provide ongoing oversight and guidance related to the implementation of

NIAC recommendations.

Response: The Departments appreciate the Commission’s recommendation regarding on-going

oversight and guidance related to the implementation of the Commission’s recommendations.

There is no statutory language under the Act expanding the duties of the Secretary to establish

or fund a board; however, the agencies will take your recommendation into further

consideration.

Commission Recommendation A5: DOJ Civil Rights Division (CRT) must prioritize and must

conduct investigations and provide appropriate remedies for state, county, Tribal, and local

police pattern or practice failures to adequately respond to and investigate deaths of AI/AN

persons occurring in their jurisdictions. This process must prioritize jurisdictions with the

highest per capita MMIP cases, deaths and HT, particularly in reservation border towns.

Response: The recommendation is within the Civil Rights Division’s (CRT) mandate to the extent

that it applies to state, county, and local law enforcement agencies (LEAs). However, CRT does

not have authority to investigate Tribal law enforcement agencies. CRT has the authority

investigate and file suit to eliminate patterns or practices of unconstitutional or unlawful

conduct by state and local law enforcement agencies, including discrimination against AI/AN

people. For example, in June 2023, CRT and the USAO for Minnesota (Civil) issued findings that

the Minneapolis Police Department unlawfully discriminates against Native American people

when enforcing the law.

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With approximately 18,000 law enforcement agencies across the country, CRT weighs many

factors in deciding whether to investigate a jurisdiction. This discretion is vital as the Division

seeks to combat patterns or practices of unconstitutional or unlawful conduct across the

country. CRT will continue to consider any discrimination, including failure to respond to crimes

experienced by AI/AN persons, and will exercise our discretion, as appropriate under our

statutory authorities. CRT will also work to assist the DOJ MMIP Steering Committee, which

supports information sharing across DOJ offices, to determine if DOJ is able to identify

jurisdictions with the highest “per capita MMIP cases, deaths and HT” based on data available

to participating offices.

COMMISSION FINDING B: Notwithstanding previous efforts to increase collaboration and

coordination between Tribal, federal, and state investigatory entities, there still exists gaps in

training, expertise, resources, and meaningful collaboration that impacts investigations and

services to victims’ families in the areas of violent crime against women, MMIP, and human

trafficking. Alaska Native communities suffer exponentially from a lack of basic infrastructure

seen elsewhere throughout Tribal communities in varying degrees. These and other

recommendations must be modified to address these uniquely vexing issues. Tribes must

obtain wider access to state/federal search & rescue teams, crime scene investigators,

forensic laboratories, and victim services professionals.

Commission Recommendation B1: Increase the use of federal, Tribal, state, county, and

municipal laboratories and other investigatory resources (including for Tribes not located in PL-

280 states) for forensic and other tools in all MMIP and Violent Crime cases. Funding for

increased Tribal access to federal, Tribal, state, county, and municipal laboratories should be

made available directly to Tribes prepared to work with such laboratories. Tribes need funding

for training on the appropriate collection, packaging, and shipping of critical evidence to labs.

The BIA/OJS, FBI Indian country Unit, and U.S. Attorneys’ Offices must lead outreach to Indian

nations, states, counties, and municipalities citing various collaborative efforts such as those in

South Dakota in which state forensic labs are assisting interested Tribes in examining Tribal

criminal case evidence.

Response: The FBI Laboratory regularly processes evidence obtained in FBI investigations in

Indian Country. The FBI Laboratory also offers a variety of specialized services to federal, state,

local, and Tribal law enforcement, many of which are detailed here: https://le.fbi.gov/science-

and-lab/forensics. Local FBI agents may also be able to help facilitate non-federal evidence

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processing on a case-by-case basis for Tribal law enforcement agencies. Additionally, as noted

in the recommendation, the FBI may also provide funding to state laboratories to conduct

examinations in Indian Country cases. The FBI has limited resources for these services so any

expansion would be limited by available funding.

The FBI Laboratory Division currently assists with the forensic analysis of casework submitted

from Tribal jurisdictions and will continue to help process these cases. In addition, for the past

year, the Missing and Murdered Unit (MMU) has maintained a contract with a private

contracting lab to test DNA and Genealogy for MMU cases. This laboratory resource is also

available to tribal law enforcement departments who are investigating missing or murdered

cases where MMU may be assisting or providing this resource to aid in their investigations.

MMU has an avenue to vet these Tribal requests to allow for testing.

Commission Recommendation B3: Recommendations made by the National Advisory

Committee on the Sex Trafficking of Children and Youth in the United States should be

implemented, pursuant to the Strengthening Families and Preventing Sex Trafficking Act.

Response: DOJ appreciates the Commission resurfacing these recommendations and will review

the recommendations and the federal government’s prior responses to determine whether any

of the barriers to addressing the recommendations have been removed.

Commission Recommendation B4: Provide process for re-investigation (not review) and/or

transfer of investigation of deaths occurring in Indian country under jurisdiction of FBI.

Response: While the basis for this recommendation is well-taken, unfortunately, it would not

be feasible to implement the recommendation. In most locations within Indian Country where

the FBI has jurisdiction, no other entity has jurisdiction to investigate homicides. Additionally,

an unnecessary reinvestigation could harm the existing investigation. Finally, the Homicide

Victims’ Families’ Rights Act provides a mechanism by which an eligible family member of a

homicide victim, whose case was investigated by federal law enforcement, can request a review

of the case.

COMMISSION FINDING C: Tribal, Federal, and, where applicable, state social service/law

enforcement infrastructure devoted to responding to reports of missing Native persons and

violent crime lack sufficient coordination and collaboration. There are many jurisdictions and

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agencies within the same area professing commitment to the issue but with too little fusing of

resources and too little collaboration.

• This deficiency in alliance of assets and expertise occurs at every stage of a missing person

or violent crime report in, and out of, Tribal communities beginning with immediate notice

and alert, through the investigation stage, and, finally, with prosecution or other conclusion

of the case. This situation carries with it the potential for devastating impact on the sanctity

of the investigation and the ultimate result.

• In some communities, this near absence of concerted teamwork also impacts cold missing

person/violent crime matters leading to years-long anguish suffered by families “left behind”

without resolution of the case.

• On many reservations, the lack of formal, written, and expert-vetted protocols for the

response to a missing person report leads to intolerable delays in response times hampering

investigators who later engage, but also leaving families “in the dark” as to the whereabouts

of their loved ones.

• We do not ascribe blame to any one jurisdiction or agency; rather, our view is everyone

involved in the missing persons/criminal justice system carries some responsibility for the

unacceptable lack of coordination and collaboration.

• At all levels of the ostensible, multi-jurisdictional responsive framework, there lacks a

system of accountability for the funding, mandates, and operational success of efforts

targeted at the phenomena of missing persons and violent crime.

Commission Recommendation C1: Over the next 1-18 months, all Tribal communities (urban

and rural) should codify, adopt, and be adequately funded to utilize and sustain a TCRP. We

understand that DOJ recently established a regional MMIP outreach program comprised of

Assistant United States Attorneys (AUSA) and support staff; nonetheless, Tribes require support

to address public safety concerns within their communities beyond the scope of currently

supported programs. Additional recommendations related to TCRPs are discussed by

Subcommittees 1 and 6.

Response: The Departments support the development of Tribal Community Response Plans

(TCRPs) and are already assisting Tribes in developing TCRPs in the following ways.

In addition to USAO guidelines developed in response to Savanna’s Act, several USAOs have

assisted Tribes in their districts with the development of TCRPs. A TCRP outlines protocols or

guidelines tailored to each Tribal community’s needs, resources, and culture to assist a Tribe’s

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response to emergent missing person cases. Tribes typically develop TCRPs in collaboration

with a variety of community stakeholders, including law enforcement, prosecutors, elected

leaders, and child welfare organizations. Federal law enforcement, including USAOs, FBI, and

BIA, have been active participants in several Tribal communities that have already developed

TCRPs. Pursuant to the Executive Order 14053, Improving Public Safety and Criminal Justice for

Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, USAOs

will continue to “promote coordination of federal, state, local, and Tribal law enforcement,

including, as appropriate, through the development and support of Tribal Community Response

Plans.”

To that end, the DOJ-authored Guide to Developing a Tribal Community Response Plan for

Missing Person Cases provides guidance to Tribal governments and USAOs, working with other

partners, who are developing TCRPs. Informed by input from Tribal leaders, Tribal law

enforcement, and other community members, this guide includes four documents to help

develop specific parts of a community response plan:

• Developing Law Enforcement Agency Response Guidelines

• Developing Victim Services Response Guidelines

• Developing Media and Public Communications Response Guidelines

• Developing Community Outreach Response Guidelines

The National Indian Country Training Initiative (NICTI) has provided training to Tribes on TCRP

development and is committed to providing additional training within the next 12 months.

Further, MMIP Regional Outreach Coordinators and AUSAs can assist Tribes in developing

TCRPs. Additional information about TCRPs can be found at

https://www.justice.gov/tribal/mmip/tribal-community-response-plans.

Further, in FY 2023, the Office of Community Oriented Policing Services (COPS Office) funded a

project with the National Criminal Justice Training Center (NCJTC) to support community-led

TCRPs to address missing Indigenous persons cases. The project includes: (1) developing and

implementing a training and technical assistance strategy to assist Tribal law enforcement in

creating and implementing TCRPs to address MMIP cases working with the appropriate Tribal

and national partners; (2) assisting agencies in developing and improving law enforcement

policies and procedures related to MMIP cases; (3) delivering training and technical assistance

to Tribal and nontribal law enforcement agencies to facilitate the implementation of TCRPs; (4)

collaborating with the AMBER Alert training and technical assistance program and other DOJ

training and technical assistance programs to compliment the community efforts under way

with implementation, bridging resources/connections, and incorporating training curriculum as

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appropriate; and (5) ensuring widespread dissemination of tools and materials to aid in the

development of TCRPs.

Commission Recommendation C2: DOI/DOJ must encourage (if not mandate as a function of

certain funding) each Tribe not already acting under the aegis of a TCRP to connect with the

BIA, FBI, and state clearinghouses to obtain contacts, identify resources, and begin the formal

process of assembling and constructing the terms of a TCRP which best suits the Tribes’ unique,

individual circumstances and needs. Part and parcel of any TCRP plan must be a set of protocols

governing effective communication with family members of persons reported missing for

whom a full-scale investigation pursuant to the plan has commenced. We view this outreach as a

vital piece of the response protocol.

Response: DOI and DOJ agree that effective communication is a cornerstone in any response

plan or protocol. DOJ encourages Tribes to develop a TCRP with MMIP Regional Outreach

Coordinators and AUSAs who can assist interested Tribes. DOJ also provides training to Tribes

on TCRP development and is committed to providing additional training and technical

assistance within the next 12 months. DOJ encourages communication when asked to assist in

the development of TCRPs. To help facilitate effective communication with family members,

Regional MMIP coordinators can work with Tribes to tailor communication protocols specific to

the Tribe’s needs through development of a TCRP. Further, Regional MMIP Coordinators and

the National Native American Outreach Services Liaison (OSL) can directly assist family

members and Tribal victim organizations with effective communication across law enforcement

agencies.

Commission Recommendation C3: Tribes should contact the NCMEC and/or the NamUs for

assistance and guidance in formulating protocols addressing their unique perspectives. NamUs

must be fully funded to allow for widespread intelligence sharing between it, Tribal entities,

coroners’ offices, and medical examiners’ offices.

Response: According to the National Center for Missing and Exploited Children (NCMEC), it has

various protocols and policies available for use by Tribes and is available to assist Tribes in this

area: www.missingkids.org/content/dam/missingkids/pdfs/NCMEC-LE-Model-Policy.pdf.

Commission Recommendation C4: DOI must fund Tribal nations’ response plan liaisons to

ensure equity in representation taking into account the work of grassroots organizations.

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Response: Currently there is no technical assistance program to support developing response

plans or funding for response plan liaisons at DOI. The BIA/OJS will evaluate developing a

technical assistance program or a model protocol Tribes can access to establish Tribal-specific

protocols that define the procedural response to missing persons reports. DOJ would welcome

an opportunity to partner with BIA/OJS to develop model protocols or technical assistance.

Commission Recommendation C5: We heard repeatedly of an unacceptable lag time between

receipt of reports of missing persons and first contact with the BIA/OJS and/or the FBI. Having a

contact or “response” matrix detailing which agency will exercise jurisdiction in any given

scenario will help alleviate time lags for responsive action.

Response: The FBI lacks the federal legal jurisdiction to investigate missing persons absent the

reasonable suspicion of federal crime (i.e., murder in Indian Country or other special

jurisdiction, kidnapping, etc.). Oftentimes, the FBI is able to provide certain investigative assets

to assist state, local, Tribal, and other federal law enforcement agencies who themselves have

the appropriate legal jurisdiction to investigate reports of missing persons. The FBI can

collaborate with BIA/OJS to provide a jurisdictional matrix as detailed in the recommendation.

This may also be addressed within each USAO Indian Country Operational Plan. BIA/OJS will

partner with other federal/state/local Search and Rescue (SAR) programs to increase

communication to improve response times and get assets on the ground.

Commission Recommendation C6: DOI/DOJ must consider offering incentives to Tribal, federal,

and state entities to improve their responsiveness to reports of missing persons and penalties to

those which do not improve.

Response: DOI and DOJ appreciate the Commission’s recognition of the importance of data

related to reports of missing persons. The Departments do not currently have the authority to

compel non-DOJ or non-DOI entities to make improvements or implement penalties related to

responsiveness rates.

Commission Recommendation C7: Even short of the launching of an investigation under the

auspices of a Tribe’s TCRP, BIA/OJS and the FBI must markedly improve their outreach to family

members seeking assistance locating missing relatives.

Response: As noted earlier, the FBI lacks the federal legal jurisdiction to investigate missing

persons absent the reasonable suspicion of a federal crime. Oftentimes, the FBI is able provide

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certain investigative assets to assist state, local, Tribal, and other federal law enforcement

agencies who themselves have the appropriate legal jurisdiction to investigate reports of

missing persons; outreach to family would generally occur through those agencies. If a family

member makes an inquiry to the FBI about a matter outside the FBI’s legal jurisdiction, the FBI

will refer the family to the appropriate investigative agency.

BIA/OJS will work to improve its coordination with federal/state/local/Tribal partners in search

and rescue; and BIA/OJS will work to improve outreach and communication with

family/community regarding efforts to locate missing relatives.

Commission Recommendation C9: An opt-in database/platform should be created to provide

for information sharing of individuals banned from Tribal communities (Tribes would provide

information on banned individuals.) The database could be accessed by surrounding Tribes in

state/region.

Response: Due to the unique legal nature of banishment orders, these orders are not able to be

uploaded to Tribal Access Program kiosks. BIA/OJS has no mechanism to develop such a

database as recommended as these orders are considered civil, not criminal, and BIA/OJS lacks

jurisdiction over enforcement of banishment orders. BIA/OJS will follow up with the BIA

regional offices to determine if there are additional steps that can be taken to ensure other

Tribes and localities have notice of banishment orders since the regions oversee Tribal court

contracts and operations.

Commission Recommendation C10: DOI must develop an organizational flow chart of everyone

involved in MMIP cases, indicating various jurisdictions, such as the FBI, BIA, state, federal, and

Tribal nations.

Response: The MMU is currently redesigning its case tracking log used to document all referrals

made to the unit. As part of the referral data collected to maintain this tracking log, the lead

investigating agency is identified in addition to the agencies who are assisting. An actual flow

chart would vary significantly based on the individual case details to include investigative and

prosecutorial jurisdictions. Various jurisdictions could have very different agencies or resources

involved, thus differing flow chart elements. Creating a “one size fits all” flow chart to capture

all possible scenarios is not feasible given these challenges.

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COMMISSION FINDING D: In many cases and in many jurisdictions, the mandates and

requirements of Savanna’s Act are not being implemented.

Commission Recommendation D1: A progress report of the implementation of Savanna’s Act

should be provided to Savanna Greywind’s parents, Congress, DOI, and DOJ.

Response: Public Law No. 116-165, Savanna’s Act, was a critical piece of legislation to clarify

law enforcement responsibilities in responding to cases of missing or murdered AI/AN

individuals, to increase coordination and communication across jurisdictions when responding

to these cases, to empower Tribal governments with resources and information necessary to

respond to these cases, and to increase the collection and sharing of data relevant to these

cases. DOJ strongly supported the legislation and remains committed to honoring the

requirements and intent of the Act. It is the DOJ’s position that information regarding

implementation of the Act should be disseminated as widely as possible, so DOJ developed a

section of its website to publicly offer insight into the Department’s implementation. DOJ

welcomes additional discussion with any of the parties listed in the recommendation. Anyone

interested in additional discussion may reach out to [email protected].

Commission Recommendation D3: Provide Savanna’s Act cross-jurisdictional training

mandating federal, Tribal, and state participation. States can be incentivized to participate by

tying participation to the receipt of public safety block grants. Training needs to be universally

available and ongoing to accommodate new officers and agents as well as family service

agencies, probation offices, victim specialists, prosecutors, and other Tribal officials. U.S.

Attorney’s Offices should be mandated to lead this effort by reaching out to Tribal nations,

assessing their individual needs, helping interested Tribes to fashion appropriate protocols, and

seeing the process through until Savanna’s Act protocols are firmly in place on each reservation.

Response: Savanna’s Act, which addresses training and technical assistance (see 25 U.S.C. §

5704(e)), requires NICTI to provide training and technical assistance to Tribes and law

enforcement agencies on implementing the Act’s guidelines and use of NamUs to assist with

AI/AN MMIP cases. NICTI has conducted webinars for the USAO community on Savanna’s Act

implementation, and NICTI’s Coordinator has served as a subject matter expert and trainer for

several trainings hosted by DOJ-funded training and technical assistance providers. These

trainings specifically addressed the Act’s implementation and the need for a multidisciplinary,

cross-jurisdictional response to AI/AN MMIP cases.

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NICTI has hosted many trainings on MMIP issues. State, Tribal, and federal law enforcement

officers were invited to attend these free trainings, many of which were conducted virtually to

minimizing work schedule disruptions and incentivize attendance. Examples of these free,

virtual trainings include the following summits, all of which incorporated training on the

National Missing & Unidentified Persons System (NamUs):

• Strategies for Developing a Coordinated Response to the Issue of Missing or Murdered

Indigenous Persons (February 10-11, 2021)

• Symposium: Missing or Murdered American Indians and Alaska Natives (September 14-

16, 2021)

• DOJ/DOI Tribal Justice, Safety, and Wellness Summit (June 6-9, 2022)

Such training programs are ongoing and another joint DOJ/DOI summit is planned for the first

half of 2024.

NICTI remains ready to partner with federal agencies, the MMIP Regional Outreach Program,

USAOs, and state and Tribal law enforcement partners on training related to Savanna’s Act and

MMIP issues.

COMMISSION FINDING E: The Commission heard testimony from many family members

expressing their frustration and pain that their loved one’s disappearance was ignored by the

media. This failure on the part of the media to give equal attention to MMIP makes these

cases more likely to be ignored or go unsolved.

Commission Recommendation E1: DOJ and DOI must convene a roundtable to discuss the issue

of media coverage of missing persons cases that should result in a set of guidelines and best

practices for family members, Tribal governments, victim advocates, and journalists. The

guidelines and best practices must be widely disseminated to advocates, Tribal nations, and

media associations and organizations.

Response: In early 2024, DOI and DOJ will work cooperatively to convene one or more

roundtable discussions with various groups, including but not limited to MMIP coordinators in

the field, Tribal advocates, and members of the media to help develop guidelines and best

practices to promote accurate and complete coverage of MMIP and HT cases in the media and

to raise the level of public awareness and strengthen reporting.

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COMMISSION FINDING F: We believe there is a dearth of knowledge in Tribal communities

concerning the services and opportunities offered by OVW and OVC. We recommend OVW

and OVC provide new, updated guidance to Tribal prosecutors on the panoply of services

offered by the agencies; the benefits of the Tribal Law & Order Act; statutes which directly

impact the quality and diversity of services available to Native victims of crime; and funding

allowance opportunities directed toward enhanced delivery of Tribal law enforcement and

victim/witness services.

Commission Recommendation F1: There should be new education and outreach programs

geared to the definition, scope, and breath of new or existing statutes directed toward missing

person matters and violence against women and children.

Response: The Office on Violence Against Women (OVW) has a robust outreach effort planned

for FY 2024 to help ensure that Tribes are aware of the opportunity to apply for OVW grant

funding—as well as reimbursement under the Violence Against Women Act (VAWA) 2022’s new

Tribal Reimbursement Program—to support Tribes in implementing special Tribal criminal

jurisdiction (STCJ), including Alaska Tribes interested in the Alaska Pilot Program. STCJ

specifically covers several crimes related to violence against women and children, including

domestic violence, dating violence, sexual violence, sex trafficking, stalking, and child violence.

OVW also funds technical assistance projects that conduct outreach and education for Tribes

that might be interested in this new, broader authority recognized in VAWA 2022. Finally, one

of the allowable purposes of OVW’s Tribal Governments Program, should Tribes choose to

apply for a grant, is to develop, strengthen, and implement policies, protocols, and training for

law enforcement regarding cases of missing or murdered AI/AN individuals, as described in

Savanna’s Act.

NICTI provides a tremendous amount of training every year on combating violent crime

committed in Tribal communities, including violence against women and children and MMIP-

related issues. All NICTI trainings include instruction on relevant new and existing statutes,

including any amendments, addressing MMIP and violence against women and children.

Examples of such trainings in FY 2023 include:

• Operation 922: Reducing Gun Violence by Targeting Domestic Violence

• First Responder Curriculum Development Working Group Meeting

• FBI Albuquerque’s Missing or Murdered Indigenous Persons Initiative

• Criminal Jurisdiction in Indian Country Seminar

• The Basics of Indian Country Jurisdiction

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• The Forensic Evaluation of Strangulation and Gunshot Wound Cases

• A SANE Approach to Human Trafficking Cases

• Introduction to Tools and Techniques Using Crime Gun Intelligence

• Prosecuting Juveniles in Federal Court

• Criminal Jurisdiction in Indian Country Seminar

• Investigating and Prosecuting Human Trafficking in Tribal Communities

• Culture as Prevention

• Investigating and Prosecuting Federal Sexual Assault Cases

• Getting Away With Murder

• Forensic Evidence in the Courtroom

• Justice Systems From the Kid’s Perspective

• Federal Full Faith and Credit for Protection Orders Issued by Tribal Courts

• Operation Not Forgotten: Investigating Domestic Violence and Sexual Assault in Indian

Country

• Criminal Jurisdiction in Indian Country Seminar

• What Every Tribal Liaison or Indian Country AUSA Needs To Know

• Tribal Liaisons: Advancing DOJ’s Mission in Indian Country

• Culture as Prevention: Indigenous Knowledge and Tribal-Based Practices

• DOJ’s Civil Rights Division Efforts Concerning Native Americans

• First Responders to Violent Crime Training

• Drafting, Reviewing, and Executing a Defensible Search Warrant

The list of training offered through NICTI expands based on feedback from federal, Tribal, and

state law enforcement partners who attend trainings. All NICTI training is offered free of charge

to federal, state, and Tribal criminal justice, social service, medical providers, and Tribal leaders.

Through the Office of Justice Programs/Office for Victims of Crime (OJP/OVC) Tribal Victim

Services Set-Aside Formula Grant Program (TVSSA), Tribes determine what services to provide

in their communities—education and outreach to persons at risk of violence would be

allowable expenses under the TVSSA.

In FY 2022, OJP/OVC clarified allowable uses of TVSSA grant funds for MMIP activities: Tribes

can use TVSSA grants to support many expenses related to MMIP cases. There is a fact sheet

posted on OJP/OVC’s website that describes these allowable expenses and the circumstances in

which they can be used. For example, TVSSA grantees may use their funding to support the

following activities related to missing persons:

• Provide financial assistance and support to the families of missing persons.

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• Conduct outreach events and other activities to educate the community about MMIP

issues.

• Produce billboards, flyers, placards, etc. to generate awareness about individual missing

person’s cases, and, in limited circumstances, support costs incidental to a private

search.

• Work with a multidisciplinary, interjurisdictional group of Tribal, federal, and state and

local stakeholders to create MMIP response protocols.

OJP/Office of Juvenile Justice and Delinquency Prevention (OJJDP) and its cooperative

agreement recipients (National Center for Missing and Exploited Children [NCMEC] and the

AMBER Alert Training and Technical Assistance Program) have historically provided significant

education and outreach in these areas across the country around missing children issues. Those

efforts continue today.

Commission Recommendation F2: There should be enhanced outreach and guidance directed

toward the acquisition of grants and information sharing. Too often, rather arduous work lies

ahead for small, grassroots, non-profit victim advocacy organizations for whom grant monies are

critical to survival but for whom the paperwork, given their tiny staff numbers, is simply far too

burdensome.

Response: DOJ is committed to making the application process as efficient and simple as

possible for all applicants and providing high-quality user support, both during the application

process and throughout the grants management lifecycle. To that end, OJP’s strategies

include—

• increasing awareness through targeted marketing to advertise solicitations and

webinars to a wide variety of prospective applicants;

• offering weekly training sessions on the application process;

• providing a variety of solicitation-specific applicant trainings and question and answer

sessions;

• posting and updating a thorough OJP Grant Application Resource Guide, which

addresses a variety of policies, statutes, and regulations that apply to OJP program

applicants;

• undertaking a comprehensive annual review of applicant inquiries to identify areas of

potential streamlining and improved clarity for the following fiscal year;

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• improving the use of plain language in solicitation and application guidance; and

• offering late submission procedures for applicants experiencing technical issues with

government systems.

Tribes with TVSSA grants may access OJP/OVC training and technical assistance supports, such

as the Tribal Financial Management Center, to improve community partner agencies’ capacity

to manage federal grants.

Many OVW grantees are small nonprofit organizations providing life-saving services to victims.

OVW has instituted extensive outreach to these kinds of organizations, offers planning grants

and special solicitations tailored to their circumstances, and intensive training and technical

assistance to help with project implementation, grant administration, and progress report

completion.

OJP/BJA routinely conducts outreach to Tribal entities eligible for formula grant awards to

encourage applications and use of funds and is currently exploring ways to reduce barriers for

Tribes to access OJP/Bureau of Justice Assistance (BJA) funds.

DOJ will additionally, as part of the work of implementing Executive Order (EO) 14112, work to

enhance the accessibility and flexibility of federal funding to Tribal Nations to support Tribal law

enforcement and public safety.

Commission Recommendation F3: Either OVW and OVC must streamline their application

process for smaller grants or provide greater technical assistance to small-staffed advocacy

organizations. User-friendly, virtual tutorials may be the key to enhancing the application

experience and will accommodate the diverse circumstances in Tribal and urban Indian

communities (including communities lacking access to broadband).

Response: DOJ’s OVW offers live and recorded pre-application webinars to go over application

requirements in detail and answer questions about the application process. In FY 2023, OVW’s

Tribal Affairs Division (TAD) implemented a grant proposal planning session for non-grantees to

provide hands on information about TAD funding opportunities. TAD also offers weekly office

hours during open solicitation periods for applicants to have direct access to program staff and

ask questions about the application requirements. Significant staffing increases in TAD—from 4

to 14 over several years—along with the hiring of 2 program specialists based in Alaska with

significant experience working with Alaska Tribes, have enabled TAD to provide enhanced

support to Tribal applicants and grantees of all sizes. Finally, TAD has reduced application

requirements, postponed submission of required documents so that only those selected for

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funding need submit them and created simplified application paths for new applicants. All OVW

solicitations include instructions for submitting the application outside of DOJ’s online

application system in cases of technical difficulties beyond the applicant’s control, including lack

of broadband.

In FY 2021, OVW began offering a simplified option for new applicants to the Office on Violence

Against Women’s Tribal Governments Program (TGP), a capacity-building project with less

narrative content required to apply. These capacity-building grantees are still eligible for the

five total years of funding available to standard applicants, but they receive specialized

technical assistance to help them develop and implement their projects. In FY 2024, these

applicants will have a separate solicitation and application process from other TGP applicants,

the Strengthening Tribal Advocacy Responses Track (START), with enhanced outreach and

support for potential applicants. OVW’s TAD also has been offering longer awards or the option

to apply for non-competitive continuation grants to make funding more predictable, including

for smaller grantees that may face challenges in having to compete for continuation funding

every three years.

OJP/OVC has taken the following steps to simplify and streamline the TVSSA application process

in response to feedback from Tribal leaders received during Consultations, listening sessions,

and from Federal Advisory Committees:

• Implemented a formula for disbursing Tribal Set-Aside funds, in response to past Tribal

consultations, Federal Advisory Committee hearings, and listening sessions, where Tribal

leaders expressed a strong preference that the Tribal Set-Aside funding from the Crime

Victims Fund be distributed using a formula, rather than as a competitive program.

• Simplified the TVSSA program application process by providing an electronic form to

streamline the submission of the Population Certificate.

• Offered applicants the choice between developing a project narrative, completing a

checklist, or participating in an interview with OJP/OVC staff to document their project

plans.

• Conducted onsite, in-person interviews in Alaska to support those applicants with the

application development, as well as submission.

• Hosted two days of office hours to provide guidance and technical assistance on the

TVSSA application requirements and submission process.

• Created a questionnaire to assist applicants in articulating their plans for construction

projects with the goal to expedite referrals for specialized technical assistance and the

approval process to begin renovation or construction activities.

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OJP/OVC will continue to develop regional in-person, peer-to-peer, small cohort, and one-on-

one technical assistance for TVSSA applicants and use those contacts with OJP/OVC grantees to

ask what kinds of technical assistance are most needed/most useful. To enhance the TVSSA

application process and provide applicants with additional support, in FY 2024, OJP/OVC will—

• host pre-application webinars to provide additional guidance on the TVSSA application

process and how funds can be used;

• conduct a post-application survey to gain a better understanding of the challenges faced

by applicants and determine the types of technical assistance that are most needed and

useful to them;

• offer a manual “paper” application process to allow applicants experiencing technical

difficulties beyond their control to email their attachments; and

• utilize data collected and analyzed from annual needs assessments, work plans, and

training opportunities to guide the development of new resources and tools to enhance

user experience.

OJP/OVC has provided these training resources to support Tribes in applying for and managing

CTAS grants:

• Accessing Grants To Strengthen Tribal Justice System Capacity (two-day in-person

training)

• JustGrants and submitting an application

• Budget development and worksheet completion workshop

• Tips for Successful Application for AK and Rural Communities

• Application checklist and final Q&A

OJP/OVC began a practice of following up with TVSSA grantees who started but did not submit

completed applications in 2021. Each year, OJP/OVC contacts those potential applicants to ask

about the challenges they faced in preparing their applications and the factors that influenced

their decision not to submit ultimately. For example, in FY 2023, 55 Tribes either withdrew or

did not complete the FY 2023 applications, and a few Tribes requested less funding than their

formula allocation. Tribes expressed varied reasons for not applying for TVSSA funding. Some of

the Tribes realized new funding was not needed to continue their victim service programs in FY

2024, and others opted to apply as a member of a Consortium. Some Tribes indicated turnover

in staff or Tribal leadership, insufficient time to complete the application, or lack of

communication or confusion about the application process as other reasons for not requesting

an award. OJP has plans to conduct one on one interviews with potential applicants who began

but did not complete applications in FY 2023.

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General Application Streamlining Additional Action Items

Additionally, in November 2023, the Associate Attorney General directed the Department’s

three grantmaking offices to examine existing grant processes and requirements and consider

whether there are ways DOJ can be responsive to requests to streamline the grant process and

reduce burdens for Tribal applicants and awardees. That work is under way.

One initial outcome of that assessment is a working group that OJP, the COPS Office, and OVW

have established to identify and implement additional solutions within DOJ’s online grants

management system (JustGrants) to streamline and reduce the burden for Tribal applicants

(and more broadly, as possible and permissible). The purpose of the working group is to

examine ways to standardize certain application steps across OJP, the COPS Office, and OVW,

such as expanding the use of entity-level documents to reduce the need to resubmit the same

document for multiple applications. In general, the strategies will be implemented at the start

of fiscal years to reduce confusion that would likely occur if changes were implemented mid-

application season.

Commission Recommendation F4: OVW and OVC must enhance their outreach to Tribal nations

to ensure grant monies are not left over each fiscal year having not been applied for. OVW and

OVC are also encouraged to consider appointing Tribal nations’ personnel to be grant reviewers

for grassroots organizations working within their Tribal lands.

Response: DOJ’s OVW has consulted with Tribes about how to spend “carry forward” funds and

how to ensure that funds for Tribal grant programs do not remain at the end of the fiscal year.

In response to Tribes’ recommendations, OVW has expanded outreach to increase awareness

of grant funding available to Tribes and Tribal organizations and developed the strategies

described elsewhere in these responses to make it easier for Tribal applicants to access OVW

grant funding. Further, OVW is intentional in identifying qualified peer reviewers with recent

field experience specific to working with and for Tribal governments and Tribal communities.

OVW’s Peer Review Workgroup has created an outreach subcommittee that is working on

expanding recruitment of diverse peer reviewers to ensure representation across all OVW grant

programs’ peer review panels. More information on becoming an OVW peer reviewer is

available at: https://www.justice.gov/ovw/peer-review.

OJP/OVC will continue to provide technical assistance to TVSSA grantees to support them in (1)

getting project budgets cleared and grant funds released timely; and (2) implementing their

projects successfully during the project period so that grant funds are expended expediently.

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OJP/OVC welcomes persons with experience living in and serving Tribal populations as peer

reviewers for its competitive grant programs. OJP/OVC encourages anyone interested in serving

in this (paid) role to submit their information at: https://ovc.ojp.gov/funding/apply-to-be-peer-

reviewer. For grant programs open only to Tribes or Tribal-serving organizations, OJP/OVC

exclusively uses peer reviewers with experience living in or working in Tribal communities.

Commission Recommendation F6: DOI must create and fund an educational campaign

regarding MMIP for the larger population, showing data, the investigative process, and the

many challenges faced by Tribal people. Information could include content such as an overview

of what to expect in an investigation:

• Who is the point of contact?

• Timeline of expected communication

• What to do if expectations are not met

Response: To aid in providing greater transparency, the BIA MMU will develop an educational

brochure describing Indian Country and Alaska Jurisdiction and the duties and responsibilities of

the MMU. The information will also include the case reporting process, case tips, and when

communication can be expected. A resolution process will be provided as well on how to file a

complaint to the MMU for dissatisfaction during the case referral process for solvability and/or

case investigation. This information is expected to be linked to the MMU website where it can

be downloaded for public distribution.

Commission Recommendation F7: DOI/DOJ must develop and fund Native-led support systems

for children growing up without their parent/caregiver toward general and financial well-being.

Response: BIA Human Services provides direct services and funding to Tribes through compacts

and contracts for social services to improve the quality of life for eligible Indians and their

families that live on or near Indian reservations, and to protect the children and disabled from

abuse and neglect. Support systems include, but are not limited to, protective services;

assistance in solving issues related to family function and interpersonal relationships; and

referral to appropriate resources for issues related to illness, physical or mental handicaps, drug

abuse, alcoholism, and violation of the law. Child Assistance services provide financial

assistance payments on behalf of an Indian child requiring placement in a foster home, private,

or tribal group day care homes, or in residential settings designed to provide special care. In

addition, assistance includes services to a child in need of adoption or guardianship. Indian

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Child Welfare Act (ICWA) services provide funding to Tribes to support their Indian child and

family service programs.

BIA also administers the Tiwahe Program which is comprised of seven programmatic areas that

support individual, family, and Tribal community well-being. These areas are Social Services,

ICWA, Housing Improvement, Job Placement and Training, Pathways to Wellness/Recidivism

Reduction, and Tribal Justice Support. Nearly 400 Tribes and Tribal Organizations receive

increased Social Services and ICWA funding through Tiwahe. In addition, 10 demonstration sites

receive increased base funding as part of the Tiwahe Demonstration Project to design and

implement cultural and traditional programs to improve the circumstances of all Tribal

members and their families.

While DOJ does not provide specific funding to support Native-led support systems for children

growing up without a parent/caregiver toward general and financial wellbeing, under

OJP/Office of Juvenile Justice and Delinquency Prevention (OJJDP) Coordinated Tribal

Assistance Solicitation (CTAS) Purpose Area 9 program, grantees can use grant funds to support

programs and services in these areas.

COMMISSION FINDING G: Training is an ongoing issue for Tribal prosecutors, clerks of court,

and judges. Budgetary constraints are too often an obstacle to professional advancement and

access to educational opportunities.

Commission Recommendation G1: The federal government must provide adequate funding for

a variety of federal Indian law courses to be held, if practicable, at the National Advocacy

Center in Columbia, South Carolina.

Response: In July 2010, EOUSA launched the NICTI to ensure that Department personnel, as

well as state and Tribal criminal justice and social welfare professionals, receive the training and

support needed to address the challenges relevant to Indian Country investigations and

prosecutions. Training is provided via residential classes, webinars, written products, and the

production of training videos. From 2020 to 2023, the NICTI offered over 70 training modules.

The NICTI will continue to find ways to increase the provision of quality training using multiple

training mechanisms, including in-person and virtual training.

Commission Recommendation G2: One set of courses should be centered on continuing

education for Tribal court practitioners much the way the DOJ provides ongoing training for

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career Federal prosecutors and the Federal Judicial Center (FJC) provides for Federal and

magistrate judges. We also recommend an orientation class for newly minted Tribal prosecutors

and judges much the way DOJ provides for Federal prosecutors and the FJC for judges.

Response: NICTI provides training to Tribal court practitioners comparable to the training

provided to federal prosecutors. For example, NICTI hosts skill building training that allows

Tribal prosecutors to participate in mock courtroom exercises. These trainings allow Tribal

prosecutors to get feedback and suggestions for improvement from experienced Tribal and

federal prosecutors and judges. Examples of such courses include Indian Country Criminal Trial

Advocacy (March 4-8, 2024) and Sexual Assault Nurse Examiner Expert Witness (April 29-May 2,

2024), which are scheduled for early 2024. For the last several years, Tribal prosecutors and the

Tribal Special Assistant United States Attorney (SAUSA) have been invited to attend some of the

same classes as those offered to federal prosecutors. Examples include Federal Criminal and

Grand Jury Practice, Federal Sentencing Guidelines Seminar, and Discovery Boot Camp for New

Prosecutors. In addition to receiving free training alongside their federal counterparts, Tribal

prosecutors and SAUSAs, like other attendees, typically receive Continuing Legal Education

(CLE) credit for these courses.

BIA Tribal Justice Support (TJS) provides training to judges and other court personnel, through

virtual roundtables, and on-site technical assistance by providing opportunities for tribal judges

to mentor their fellow judges, and finally by providing funding for Tribes to conduct peer-to-

peer training sessions specifically for judges.

Commission Recommendation G3: We recognize the best practice for facilitating this training

may be to provide it on site in Tribal communities led by traveling SMEs culled from federal and

Tribal ranks. If this is indeed deemed the more advisable practice, we encourage its immediate

initiation. On-site training will also increase exponentially the learning, listening, partnership

building, and relationship developing opportunities that go hand-in-hand with face-to-face

engagement in Tribal communities. Open lines of communication, recognizing inherent Native

cultural, and practical knowledge and lived experience are indispensable to building,

maintaining, and perfecting collaborative relationships.

Response: NICTI is housed at the National Advocacy Center (NAC) in Columbia, South Carolina,

where residential training is provided. Importantly, DOJ pays for all travel-related expenses for

NICTI residential course attendees, including personnel from Tribal communities. The NICTI

Coordinator provides training for USAOs, federal agencies (including BIA), Tribes, Tribal

coalitions, and Tribal training and technical assistance providers. NICTI coordinator-facilitated

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training for these agencies or entities is typically provided in a Tribal community and, when

funding permits, NICTI hosts training in Indian Country. NICTI will explore opportunities to

partner with USAOs to hold future training in or near Tribal communities.

Commission Recommendation G4: Along these same lines, we recognize the indisputable value

of cultural competency and encourage non-Tribal professionals to undertake efforts to increase

their own proficiency in Native history, culture, practices, and more.

Response: DOJ agrees that it should encourage cultural competency amongst its employees

working on AI/AN matters. For example, in 2022, DOJ released the updated Attorney General

Guidelines for Victim and Witness Assistance. For the first time, these guidelines include a

section specifically dedicated to working with AI/AN communities. The Attorney General

Guidelines direct DOJ personnel to use a victim-centered, trauma-informed, and culturally

sensitive approach during the investigation and prosecution of crimes committed in Indian

Country. They encourage DOJ personnel to participate in Tribal community and cultural events

to establish trust and rapport with a Tribe and its members. The guidelines also state that DOJ

personnel should build collaborative partnerships between federal, Tribal, state, and local law

enforcement to foster information sharing.

In addition, the Deputy Attorney General’s July 13, 2022, memorandum states that “it is critical

that federal prosecutors and law enforcement officers in Indian Country remain familiar with

the history, culture, and unique needs of the Tribal communities they serve.” The

memorandum directed DOJ’s NICTI to develop and provide, on at least an annual basis, cultural

competency training regarding investigations and prosecutions in Indian Country and to include

training on the new and revised provisions of the Attorney General Guidelines related to AI/AN

victims. This training, which is currently in development, is mandatory for federal prosecutors

and law enforcement officers who handle cases in Indian Country.

Similarly, the BIA TJS, provides on-site training for all tribal court personnel on individual

subject matter issues, such as trial court practices and working to properly prosecute and

defend cases. EO 14053 report recommends that these types of trainings take place at a local

level as it benefits the courts to have relevant Tribal court issues presented in a tribal court

setting.

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Commission Recommendation G5: DOJ must fund training and technical assistance, including

the development of a best practices guide to explain the need for increased access to records

and provide guidance and technical assistance about how to draft state and Tribal public

records laws, victims’ rights codes, policies, and practices to increase access to records.

Response: DOJ BJA’s website, Walking on Common Ground, supports court based

intergovernmental collaboration (IGC) agreements between Tribes and states and can support

technical assistance related development of Tribal codes and IGC agreements to increase access

to records. OJP/BJA will explore whether this need should be addressed under the Tribal Action

Program.

Commission Recommendation G6: Jurisdiction issues are sometimes used as a reason to not

take action. A new model of training should be instituted such as the model developed by the

Pasqua Yaqui Tribe in AZ. The training should also include a visual and/or chart that provides

visual of various jurisdictions and how to navigate each jurisdictional issue (for example,

Attorney General Alfred Urbina, Pascua Yaqui Tribe, developed a model to help to train other

Tribes and Tribal support offices, in a peer-to-peer learning environment). Conduct culturally

appropriate collaborative training among Tribes, supported by BIA.

Response: The NICTI Coordinator has contacted Attorney General Urbina to learn about their

model and explore whether it can be leveraged in NICTI training. BIA TJS funded the

jurisdictional, child welfare, and Tribal court personnel trainings at Pascua Yaqui. These training

agendas are created by the Tribe based on their expertise, with discussions with BIA TJS on

overall issues relevant to Tribal justice systems in general. BIA TJS will fund Tribes to attend

these trainings as well as provide the funding for the trainings. BIA TJS has worked with Pascua

Yaqui on international border jurisdictional issues and has funded Pascua Yaqui in their

endeavor to work across international borders. Further, BIA TJS is willing to work collaboratively

with DOJ to further expand opportunities for Tribes and other interested parties to attend

these trainings.

Commission Recommendation G7: Agencies/departments must develop policies and programs

to address compassion fatigue among their staff. When professionals are too stressed or burned

out, their performance will impact how well they are able to do their jobs and whether families

receive effective outcomes.

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Response: It takes courage to help child and adult victims of sexual abuse, assist survivors of

acts of terrorism and mass violence, and respond to shootings and other crimes. It takes

commitment to do this work despite the personal, physical, emotional, and mental impact it

can have. DOJ recognizes that the efforts of our law enforcement investigators, correctional

officers, line prosecutors, and support personnel to safeguard the American public can impact

those officials’ physical and mental health in significant ways. DOJ believes that through

intentional practices focused on resilience and healing the negative impact can be mitigated

and staff can remain engaged and productive in their roles.

On May 25, 2022, as part of the Administration’s efforts to advance accountable policing and

public safety, President Biden issued Executive Order 14074, Advancing Effective, Accountable

Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety, which directed

DOJ along with HHS to develop and publish a report on best practices to address law

enforcement officer wellness, including support for officers experiencing substance use

disorders, mental health issues, or trauma related symptoms. In doing so, the President publicly

recognized the importance of the psychological health and well-being of law enforcement

agency personnel, and their significance to public safety. Pursuant to the Executive Order, in

May 2023, DOJ issued a report on best practices to address law enforcement officer wellness.

The report found that prioritizing workplace strategies and practices that foster a culture of

wellness within a law enforcement agency and among the workforce can help prevent, reduce,

and mitigate the effects of stress and exposure to trauma. Because research demonstrates that

law enforcement occupations can contribute to diminished psychological health and well-being

that can have negative effects on personnel (and their families) and public safety, the report

highlights specific stressors, occupational factors, and barriers that are known to contribute to

negative mental, physical, and behavioral health outcomes among law enforcement agency

personnel and strategies to address them. Additionally, in September 2023, DOJ released

recommendations regarding the prevention of death by suicide of law enforcement officers.

These recommendations emphasized the importance of the psychological health and well-being

of law enforcement officers in achieving the goals of accountable policing and public safety and

addressed the occupational factors such as chronic stress, fatigue, compassion fatigue, burnout,

and depression that can lead to negative physical, mental, interpersonal, and behavioral

outcomes.

To support all trauma exposed professionals, including DOJ personnel, DOJ’s OJP/OVC

developed the Vicarious Trauma Toolkit (VTT) premised on the belief that exposure to the

traumatic experiences of other people—known as vicarious trauma—is an inevitable

occupational challenge for the fields of victim services, emergency medical services, fire

services, law enforcement, and other allied professional services. The VTT is intended to

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mitigate the potentially negative effects of trauma exposure by helping the individuals in these

roles to become vicarious trauma informed. OJP/OVC also has a pilot program in place to

provide support for staff experiencing secondary trauma and/or compassion fatigue from their

work with OJP/OVC grantees including grantees serving Tribal communities and AI/AN victims.

Through this program, OJP/OVC staff may sign up for sessions intended to be a safe space to

explore their personal responses and reactions to the work in a confidential and private setting.

These sessions are not designed to take the place of individual therapy or address ongoing

serious or persistent mental illness, but rather the focus is on the impact of these individuals’

work. The OJP/OVC staff member will be able to process experiences and reactions, receive

individualized psychoeducation, as well as identify coping mechanisms to help them navigate

this difficult time. OJP/OVC will evaluate the outcomes of the pilot to determine if the pilot

should be expanded and assess whether there are other approaches OJP/OVC can take to

support staff working with Tribes.

The Law Enforcement Mental Health and Wellness Act of 2017 was signed into law in January

2018, recognizing that law enforcement agencies need and deserve support in their ongoing

efforts to protect the mental health and well-being of their employees. Good mental and

psychological health is just as essential as good physical health for law enforcement officers to

be effective in keeping our country and our communities safe from crime and violence. The

health and safety of all law enforcement officers, including their mental health and wellness,

are important priorities of DOJ. In 2011, the COPS Office and OJP/BJA formed the national

Officer Safety and Wellness (OSW) Group to bring attention to the safety and wellness needs of

law enforcement officers. The OSW Group convenes regularly and brings together law

enforcement practitioners, researchers, and subject matter experts to help amplify new and

existing efforts to improve officer safety and wellness in the field. OJP/BJA also operates the

Officer Robert Wilson III Preventing Violence Against Law Enforcement Officers and Ensuring

Officer Resilience and Survivability (VALOR) Initiative, which is a collection of programs

providing training, research, partnerships, and other resources to benefit law enforcement

officers’ short- and long-term safety, wellness, and resilience.

DOJ also maintains several programs aimed at addressing the mental health needs of its

employees. For example, the FBI provides wellness and resiliency resources to employees.

Additionally, the Employee Assistance Program (EAP) has experienced counselors that provide

professional and confidential short-term counseling, information, support groups, management

consultations, referrals, and many more services to DOJ employees and their families.

Counselors are located in Washington, D.C. and throughout the United States. Communication

between the EAP and an employee is confidential, and this understanding is the backbone of

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the EAP. Participation in the EAP will not, in and of itself, jeopardize an employee’s job security

or promotional opportunities.

COMMISSION FINDING H: Victims and family members are rarely receiving trauma informed

care from any of the system actors they encounter, regardless of the jurisdiction. They are

routinely re-traumatized by the justice and health systems. Systems-based and community-

based victim advocates are critically important to support victims and families as they

navigate the justice system. They can help begin to address the historic mistrust of LE that

exists for many AI/AN people. Too few agencies have systems-based advocates and there is

also a need for more community- based advocates.

Commission Recommendation H1: All relevant LEAs and other justice system actors must

recognize and adhere to families’ rights. OVC should develop and conduct training for justice

system actors on the rights of family members in homicide cases.

Response: OJP/OVC currently provides both customized and online training on victims’ rights to

attorneys and to crime victim advocates through its OJP/OVC Training and Technical Assistance

Center (TTAC).

Commission Recommendation H3: There exists an unacceptable lack of communication among

agencies, providers, and advocates. In equitable partnership with Tribes and MMIP and HT

survivors, DOI and DOJ must collaboratively create a process that is centered around survivors,

families, and people who are directly impacted by violence to provide information, updates,

timelines, etc. to all involved, especially to families. Prosecutors and victim advocates must meet

with families on an ongoing basis; provide families with a flow chart that shows process of what

victim advocates and other supports are doing within the investigation; and maintain ongoing

interagency communication so agencies are keeping each other informed.

Response: Crime victims and their families are best served when there is communication

among all the federal, state, Tribal, and community organizations that are part of the response

and when there is clear and supportive communication between responders and families and

victims. Establishing protocols for cooperation and communication may require resources: for

example, funds to support coordination efforts, reliable broadband/wireless communications,

and staff time. Through OJP/OVC’s TVSSA, Tribes determine what services to provide in their

communities. Tribes may use TVSSA funds to establish communication policies and protocols

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for local agencies working with crime victims. Also, as noted in a response to an earlier

recommendation, DOJ has charged USAOs with establishing clear protocols for how they will

work with relevant federal, Tribal, state, and local law enforcement partners to efficiently

respond to crime in Indian Country. See Memorandum on Promoting Public Safety in Indian

Country from the Deputy Attorney General (DAG) to Director, ATF, et al. (July 13, 2022). All

USAOs with Indian Country responsibilities updated their operational plans in November 2022,

and will continue to do so annually after consultation with Tribal partners.

In addition, on October 10, 2020, Savanna’s Act was signed into law to improve the federal

government’s response to missing or murdered AI/AN. As discussed in additional detail in the

response to Recommendation A2, all USAOs with Indian Country responsibilities have had these

required guidelines in place since spring 2022, and they will continue to work with Tribes and

law enforcement agencies working in Indian Country to ensure the guidelines are being

followed.

The DOJ also established the National Native American Outreach Services Liaison (OSL) in 2022,

to address some of the same concerns expressed in the recommendation. The OSL serves as

DOJ’s point of contact for families that have questions regarding criminal cases where the

federal government has jurisdiction. Further, the OSL will assist DOJ in developing effective,

consistent, and culturally and linguistically appropriate communication with families of victims

and their advocates. The OSL’s contact information is available to the public on DOJ’s website.

COMMISSION FINDING I: The Federal government prioritizes the relationship with Tribes over

the Tribal members experiencing MMIP loss. Family members are advocating for justice and

systematic change often without the assistance of their Tribes. Family members and survivors

should be empowered and supported to continue their justice efforts.

Commission Recommendation I1: Within 90 days, BIA and the FBI must review existing policies

and practices to make sure that family members and victims are easily able to access police

reports, understanding that some information may be redacted in a released report. Federal

LEAs must also develop guidelines to ensure that the process for requesting police reports,

autopsy reports, and other similar records is clearly communicated to victims and families in

writing. State, local, and Tribal LE should similarly prioritize making these types of records more

easily accessible to victims and surviving family members.

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Response: Both the BIA and the FBI intend to always be sensitive to the needs of a victim’s

family. The bureaus are also aware that many circumstances may prohibit the release of

available documentation in a case, especially during an ongoing investigation. As it relates to

FBI materials, existing policies and procedures for the release of information are governed by

Freedom of Information Act laws and the FBI complies within the confines of those laws. As it

relates to police reports, autopsy reports and other locally held documents, the FBI must defer

to the organization maintaining those records. The same is true for the BIA.

COMMISSION FINDING J: Enormous stress is imposed on families by lengthy delays in

obtaining autopsy reports and findings. Families are often kept waiting, not knowing if the

person identified is their family member or not knowing the cause and circumstances of

death nor how the body of their family member was handled. While recognizing the sensitive

nature of autopsies, families desire to have access to this critical information. Families are

often traumatized by how their deceased relative’s remains and possessions are handled and

returned. There is little respect for cultural practices in these processes. Tribal community

cemeteries in many places have filled past capacity and require planned expansions. Family

members have to maintain and often prepare gravesites. Family members and victims who

shared their stories with the Commission repeatedly expressed their anger and frustration at

being unable to access police reports generated by federal or Tribal entities and autopsy

reports. They also described their pain when their loved one’s body or possessions were not

handled with respect. This is something that must be addressed. A core objective of Executive

Order 14053 was to identify and “encourage culturally and linguistically appropriate, trauma-

informed, and victim-centered service delivery to Native Americans.” Many of the

recommendations in this section address how this principle applies regarding the treatment

and handling of human remains. Recommendations should be addressed no later than 18

months from the date of Report publication.

Commission Recommendation J1: The Commission recognizes the sensitive nature of autopsies

for criminal investigations, and at the same time, families desire to have access to this critical

report. At the point in time when federal LE authorities, and where possible, state authorities,

determine that a criminal investigation will be discontinued in connection with the death of the

deceased, the surviving family must have access to the autopsy report.

Response: DOJ seeks to provide culturally and linguistically appropriate, trauma-informed, and

victim-centered services to family members. As DOJ continues to refine its communication

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protocols on releasing information to family members once a criminal investigation is

discontinued, DOJ will explore what information may be disclosed and what assistance may be

provided to family members to ensure access to information. It is important to note that while

DOJ provides support for forensic activities and forensic pathology practitioners, it does not

have authority to compel law enforcement authorities to provide autopsy reports to families.

Although DOJ may be unable to directly release an autopsy report to family members, DOJ,

through assigned law enforcement, prosecutors, and victim witness coordinators, will

coordinate with medical examiners and coroners to try to ensure that family members have

access to and understand the information contained in an autopsy report.

Commission Recommendation J2: DOJ/DOI must develop an identification report to be made

available to the families of homicide victims, which would include descriptions of height, weight,

& clothing, summary of manner of death. The identification report must be accessible to family

members when no criminal investigation will take place within 30 days, otherwise within 60

days.

Response: DOJ and BIA seek to provide culturally and linguistically appropriate, trauma-

informed, and victim-centered service to family members. Although an identification report is

not a standardized report utilized by law enforcement, both agencies will examine their

communication protocols to ensure that family members are notified in a timely manner of the

circumstances surrounding the victim’s death. It is important to reiterate that while DOJ

provides support for forensic activities and forensic pathology practitioners it does not have

authority to compel coroners, medical examiners, or law enforcement agencies to provide

autopsy reports to families.

Commission Recommendation J3: OVC and BIA must develop and provide resources to assist

families with interpretation of autopsy results. This should include identifying pathologists

willing to explain autopsy reports, findings, forensic evidence, and processes. Receiving a

second, independent review of the autopsy report and explanation would be welcomed by

family members.

Response: OJP/OVC will include this topic for discussion in a listening session in 2024 to gather

input from Tribes about what kinds of assistance options would be useful to support families in

understanding autopsy reports. In addition, OJP/OVC will consult with the OJP/Centers for

Disease Control and Prevention (CDC) Medicolegal Death Investigation Federal Interagency

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Working Group to explore what existing federal resources may be available to support families

with the interpretation of autopsy results or information relevant to an independent review.

While OJP/OVC does not currently offer such services, there are resources available through

non-federal sources that might benefit the families of homicide victims. For example, according

to the National Organization of Parents of Murdered Children’s Second Opinion Services

(S.O.S.), it offers technical guidance for survivors of homicide when a criminal investigation is

unsolved or has grown cold. A group of independent S.O.S. volunteers, including medical, law

enforcement, and investigation subject matter experts, can review a case, consult with

additional experts as needed, and offer information, answers, and guidance to survivors of

homicide who are struggling to understand what happened to their loved ones.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation J5: Legislation must also mandate respectful return of human

remains from autopsy (and as ashes) and person’s belongings. Policies should require that

bodies be transported and delivered with appropriate covering to the Tribal community.

Families must also have access to their deceased relative’s personal items if the items are not

determined to be needed in the investigation process. All relevant LEAs should receive training

on the identification report and the importance of communicating this information to family

members.

Response: As noted in responses to Recommendations J1 and J2, above, the Departments are

committed to providing culturally and linguistically appropriate, trauma-informed, and victim-

centered service to family members and providing training on doing so to federal, state, Tribal,

and local partners. Please see responses to Recommendations J1 and J2 for additional

information.

Commission Recommendation J6: DOI and DOJ must provide for inclusive eligibility for MMIP

family resources. Deaths that are classified as exposure, suicide, accidental, self-defense,

undetermined etc. – anything other than homicide but considered suspicious by family and are

recognized as falling under the MMIP crisis should be eligible to receive resources

recommended in this report.

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Response: In FY 2022, OJP/OVC clarified allowable uses of TVSSA grant funds for MMIP

activities: Tribes can use TVSSA grants to support many expenses related to MMIP cases,

including “when an individual is feared by family members or loved ones to be missing as a

result of any form of criminal victimization.” There is a fact sheet posted on OJP/OVC's website

that describes these allowable expenses and the circumstances in which they can be used. For

example, TVSSA grantees may use their funding to support the following activities related to

missing persons:

• Provide financial assistance and support to the families of missing persons.

• Conduct outreach events and other activities to educate the community about MMIP

issues.

• Produce billboards, flyers, placards, etc. to generate awareness about individual missing

person’s cases, and, in limited circumstances, support costs incidental to a private

search.

• Work with a multidisciplinary, interjurisdictional group of Tribal, federal, and state and

local stakeholders to create MMIP response protocols.

Commission Recommendation J7: Tribes and homicide survivors should be informed of their

right to an independent forensic medical examination upon declination and/or to obtain a

second opinion after an examination has been performed.

Response: The Attorney General Guidelines for Victim and Witness Assistance provide guidance

to DOJ personnel to ensure that crime victims are afforded their rights pursuant to the Crime

Victims’ Rights Act, 18 U.S.C. § 3771, and the Victims’ Rights and Restitution Act, 34 U.S.C.

§ 20141. For the first time, the 2022 Attorney General Guidelines provide information specific

to working with AI/AN communities. Covered DOJ personnel have received mandatory training

on the Attorney General Guidelines.

While victim advocates or law enforcement personnel may discuss an independent forensic

medical examination or a second opinion with Tribes or family members if the issue arises,

there is no legal right to an independent forensic medical examination or a second opinion.

That said, victim advocates may maintain a list of resources for victims and victims’ families.

Commission Recommendation J8: Costs of an independent autopsy should be reimbursable by

victim compensation funds and compensable through restitution in criminal and civil cases.

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Response: DOJ’s OJP/OVC administers the Crime Victims Fund and distributes Victims of Crime

Act (VOCA) Victim Assistance and Compensation funds pursuant to a statutory formula to states

and territories. The VOCA Victim Compensation program supplements state funding to offer

eligible applicants reimbursement for certain expenses incurred as a result of the underlying

criminal act. Because compensation programs are state-managed and operated programs,

OJP/OVC has limited ability to require state administrators to engage in specific activities. As

discussed further below, while OJP/OVC may have not have the authority to compel states and

territories to execute as specifically provided in this recommendation, OJP/OVC is taking action

to address feedback OJP/OVC has received from the field that aligns with the objectives of this

recommendation.

Since 2022, OJP/OVC has engaged in numerous discussion sessions regarding the current

federal compensation program and the VOCA Compensation Guidelines, which provide the

federal parameters for managing compensation programs. These efforts included four different

discussions with survivors, advocates, and others who identify as and/or work with AI/AN

survivors, including an in-person discussion at the 2022 Indian Nations Conference to solicit

feedback about the challenges that AI/AN survivors experience when trying to access

compensation. As a result of those discussions, OJP/OVC has proposed programmatic

enhancements that will encourage states and territories to collaborate with federally

recognized Tribes and make application processes more accessible.

Currently, DOJ is in the process of revising the 2001 Compensation Guidelines and expects that

the new compensation rule will include language that addresses the intent of this

recommendation.

In the draft VOCA Victim Compensation rule, OJP/OVC has proposed that states and territories

with one or more federally recognized AI/AN Tribe must have a written policy regarding how

the state/territory will engage with AI/AN Tribal members for the purposes of compensation.

The policy must include a plan for conducting outreach efforts to inform Tribal communities

about compensation and provide compensation for culturally appropriate expenses and

services.

In the draft rule, OJP/OVC proposes to clarify that states/territories have flexibility to address

victim expenses more comprehensively such as allowing reimbursement for healing practices

that may include culturally appropriate practices, including AI/AN healing practices.

Under the draft rule and supplemental support from OJP/OVC, OJP/OVC proposes to ease and

streamline the application process for compensation by removing any notary requirements;

making applications publicly accessible on the state’s website; and educating local service

providers about the compensation application process.

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Commission Recommendation J9: DOI/DOJ must support creation of MMIP memorials in Tribal

communities. Congress should pass legislation creating a national memorial for MMIP.

Response: Through the TVSSA, Tribes determine what services to provide in their communities.

Tribes may use TVSSA funds to establish community-focused resources to commemorate

victims and survivors. The Departments defer to Congress on the recommendation regarding

establishment of a national memorial.

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Chapter 5: Victim and Family Resources and Services

Subcommittee 5 Charge and Priority Areas

The following is an excerpt from the final report describing the work of Subcommittee 5:

The charge of this Subcommittee was to address the critical need for MMIP and HT

victim and family resources and services. The overriding purpose of this section is to

address the lack of victim resources for AI/AN in urban areas and on Tribal lands and

create new avenues for families to access case information for missing family members.

Given this broad charge, Subcommittee 5 chose to address their priority areas in each of the

Commission findings individually, as listed below:

COMMISSION FINDING A: There has been a historical lack of services for AI/AN victims and

families of MMIP and HT that are Native-led, culturally specific, and trauma-informed. Often

there are barrier to accessing the services that are available, such as distance, conditions for

care, and racist or biased care environments. In extremely rural areas, such as Alaska and

Montana, AI/AN victims and families of MMIP and HT face additional barriers to access to

due the vast and remote territories to navigate and lack of basic infrastructure. Urban areas

bear the burden of providing culturally-relevant resources to an extremely diverse

population: 70 % of AI/AN people live in urban areas. Further, the system actors with whom

urban Indian organizations interact are less likely to have any training or competence in

providing culturally relevant services.

This further exacerbates the trauma experienced within AI/AN communities. The needs of

MMIP and HT survivors and their families are diverse and complex which means there must be

access to multiple pathways of healing, services, and care. Additionally, immediate and

extended families of persons who are missing / murdered/trafficked may need emotional,

spiritual, mental health support and advocacy following the victimization of a loved one.

Commission Recommendation A1: To build holistic and wrap-around services, Tribal

communities require federal funding that is noncompetitive, unrestricted and flexible for

emergency and ongoing supportive, wrap around services that MMIP and HT survivors and

families need. Every federal agency funding MMIP and HT programming must adopt this model.

Response: While the scope and purpose of many U.S. Department of Justice (DOJ) grants either

require or are best carried out using competitive funding mechanisms, DOJ has taken this and

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similar feedback into account as the Department works to improve access to and

administration of funding, training, and technical assistance. There are several areas in which

funding for missing or murdered Indigenous persons (MMIP), human trafficking (HT), and other

Tribal programs have been adjusted to ease accessibility and flexibility. For instance, in FY 2020,

the Office of Justice Programs/Office for Victims of Crime (OJP/OVC) implemented a formula for

disbursing Tribal Set-Aside funds in response to past Tribal consultations, Federal Advisory

Committee hearings, and listening sessions where Tribal leaders expressed a strong preference

that the Tribal Set-Aside funding from the Crime Victims Fund be distributed using a formula,

rather than as a competitive program.

In addition, the majority of OJP/Office of Juvenile Justice and Delinquency Prevention (OJJDP)

funding comes designated by Congress for specific activities, which also carries restrictions on

the ability of the agency to be flexible, as requested. Funds provided via the Coordinated Tribal

Assistance Solicitation, Purpose Area 9 (CTAS PA 9) (Tribal Youth Program) can be used for this

activity, but these are competitive funds. OJP/OJJDP does not have access to noncompetitive

funds beyond our formula grant program for states and territories.

The Office on Violence Against Women (OVW) provides several funding opportunities that

address domestic violence, dating violence, sexual assault, sex trafficking, and stalking against

American Indian/Alaska Native (AI/AN) women, including at the intersection between these

crimes and MMIP issues. OVW’s Tribal Governments Program (TGP) allows Tribes to use grant

funds to provide services to survivors of domestic violence, dating violence, sexual assault,

stalking, and sex trafficking, with the discretion to build and implement programs that best suit

their communities and service needs. In their progress reports to OVW, these grantees have

reported the significant need for these services, including services addressing stalking and

strangulation, both of which can lead to murder. OVW issued a framing paper in preparation for

its annual Tribal consultation in 2023 to address Tribal requests for noncompetitive funding and

has made adjustments to OVW’s Tribal-specific grant programs to make the application process

easier and less competitive, including noncompetitive supplemental funding so that grantees

can count on five years of funding instead of three.

DOJ had an in-depth discussion about its public safety funding with its Tribal Nations Leadership

Council in October 2023, and the Council provided similar feedback. As a result of those

discussions, feedback from the Commission, and other feedback from Tribal leaders directly to

the Attorney General and Associate Attorney General, the Associate Attorney General formed a

working group to review current funding authorities and policies to identify further

improvements DOJ can make to the way it provides public safety funding, including evaluating

other funding models, such as the compacting model for health-care services in Alaska.

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As noted in Chapter 4, Response F7, the Bureau of Indian Affairs (BIA) administers the Tiwahe

Program, a pilot program that provides significant base funding to 10 demonstration sites,

supporting 65 Tribes, to develop and implement Tribally led, culturally and traditionally based,

holistic wrap-around services to Tribal communities. A primary feature of this funding is that it

remains flexible in its use, so Tribes can determine how best to utilize the funding in their own

communities to support individuals and families’ cultural needs. The FY 2023 budget for the

Tiwahe Program was approximately $44.5 million. In FY 2024, BIA requested an additional $33.5

million to support the expansion of the demonstration to an additional 10 sites, as well as to

provide for increases to eligible Tribal Indian Child Welfare Act (ICWA) and social services

programs. BIA has routinely sought additional funding from Congress in recent years to support

continued expansion of the program.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation A2: Services should be provided through an integrated care

model utilizing a public health and safety approach, and include Native-led, culturally specific

practices and care. Baseline funding to implement, strengthen, and seek TTA to provide

continuum of care models for survivors and families of MMIP and HT, such as, First Nations

Mental Wellness Continuum Framework, must be provided to AI/AN Tribal nations, Indigenous-

led Community Based Organizations (CBO) and urban Indigenous organizations.

Response: The programs and services designed by Tribes in the BIA Tiwahe Program adhere to

a Tribally created outcomes framework, which is rooted in culture and tradition, like the First

Nations Mental Wellness Continuum Framework. The Tiwahe outcomes framework is an

Indigenous approach to thinking about well-being within a system, with the well-being of

individuals, communities, Tribes, and the natural environment working in an interlinked and

interdependent way that can be used by other federal agencies, Tribal Nations, Indigenous-led

community-based organizations, and urban Indigenous organizations.

Although only Congress can provide base funding for these needs, DOJ offers programs and

grant funding to assist where possible. Through OVC’s Tribal Victim Services Set-Aside Formula

Grant Program (TVSSA) and other OJP/OVC funding opportunities, OJP/OVC provides funding to

support comprehensive, culturally appropriate, trauma-informed, victim-sensitive services to

both urban AI/AN crime victims and to those living in Tribal communities. As established in the

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statute, only Tribes, or their designees, are eligible for TVSSA awards, and Tribes determine

which services to fund under that program.

Pursuant to statute, only Tribes and Tribal organizations (or in some cases their designees) are

eligible for OVW’s Tribal-specific grant funding, which can be used to address the intersection

of domestic violence, dating violence, sexual assault, stalking, and sex trafficking with MMIP

issues. Urban Indian organizations are eligible for funding under other OVW grant programs,

including those supporting culturally specific services for survivors of domestic violence, dating

violence, sexual assault, and stalking. The allowable uses of these grant funds vary by program,

but OVW provides as much flexibility as possible, within the confines of program statutes, to

allow funds to be used to provide comprehensive, culturally appropriate services to survivors.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation A3: Services should be available to families and survivors as

long they are needed, provided on the basis of family/survivor disclosure and not on the basis

of case investigation status, be made available both in-person and through tele-health options,

and be culturally relevant. Assistance in accessing services (e.g., technology and transportation)

must be included in this programming.

Response: OJP/OVC encourages Tribes to consider providing transportation and tele-health

services to meet community needs under the TVSSA and other OJP/OVC funding opportunities.

For BIA’s response, please see the Tiwahe Program details provided above under

Recommendation A2.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation A4: Financial support for families must be available for both

searching costs and costs of replacing lost income. Searches are expensive, and families may

devote all their available financial resources to flyers, billboards, and costs of living for children

or others left behind. This may leave other needs to be met including (but not limited to) food,

medicine, transportation, housing (including, the original residence and housing where the

search effort takes them), childcare, clothing, and household supplies. There must be financial

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and logistical resources available to family members including elders who raise children who

are victims of MMIP and HT. Support required is more than standard foster care support and

must meet other special needs for example (but not limited to) medical and dental care and

behavioral health services.

Response: Tribes can use TVSSA grants to support many expenses related to MMIP cases. A fact

sheet posted on posted on OJP/OVC’s website describes these allowable expenses and the

circumstances in which they can be used. For example, TVSSA grantees may use their funding to

support the following activities related to missing persons:

• Provide financial assistance and support to the families of missing persons.

• Conduct outreach events and other activities to educate the community about MMIP

issues.

• Produce billboards, flyers, placards, etc., to generate awareness about individual missing

person’s cases and, in limited circumstances, support costs incidental to a private

search.

• Work with a multidisciplinary, interjurisdictional group of Tribal, federal, and state and

local stakeholders to create MMIP response protocols.

Additionally, DOI provides Tribes with flexible federal funding for culturally appropriate

community services via the Tiwahe Program. Through BIA’s Tiwahe Program, nearly 400 Tribes

received an increase to their Tribal ICWA and social services programs (see funding details in

the Tiwahe Congressional Report, appendix 8). Similarly, BIA also recently hired a national

coordinator to provide technical assistance to the regions, agencies, and Tribes on how this

funding can further support Tribal programs.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation A5: There must be federally funded training and technical

assistance for advocates to coach families and communities on how to use the media, including

social media, to publicize both cases that would benefit from public engagement, attention and

also instances of system failures which have harmed families and communities.

Response: OJP/OVC will include these topics in a listening session in 2024 to gather input from

Tribes about what kinds of media/social media coaching would be most useful to support

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families and communities. OJP/OJJDP funds both the National Center for Missing and Exploited

Children (NCMEC) and the Amber Alert in Indian Country Programs that have TTA and other

resources available to assist in media outreach efforts for families.

COMMISSION FINDING B: There is an alarming deficiency in available transitional, long-term,

and emergency housing and safe shelter/s for MMIP families and AI/AN trafficking survivor.

In order to access pathways to healing and growth, MMIP families and AI/AN trafficking

survivors must first have access to safe, sustainable housing.

Commission Recommendation B2: The Commission supports the following recommendations

in the National Workgroup on Safe Housing for American Indian and Alaska Native Survivors of

Gender- Based Violence: Lessons Learned.

• Fully fund Indian Housing Block Grants at least to the levels recommended in HUD Office of

Native American Programs (ONAP) 2017 report; in 2023 dollars.

• Fund research on ways that states, and territories creatively use and layer Victims of Crime

Act funding to support housing stability for gender-based violence survivors.

• Support and fund training and technical assistance efforts to educate service providers,

Tribal governments, Tribal HUD authorities, and other stakeholders on domestic violence and

other forms of gender-based violence.

• Increase Tribal Family Violence and Prevention Services Act (FVPSA) funding and statutorily

include funding for Alaska Native Womens’ Resource Center (AKNWRC), the StrongHearts

Native Helpline, and for Tribal coalitions who provide lifesaving services to gender-based

violence survivors in Tribal communities. These statutorily created organizations either do

not have their own funding allocation or are completely shut out (in the instance of Tribal

coalitions) from accessing lifesaving FVPSA dollars.

Response: This recommendation is largely directed to the U.S. Department of Housing and

Urban Development (HUD) and the U.S. Department of Health and Human Services (HHS), and

to the Departments that defer to those agencies, accordingly. DOJ does, however, administer

grant funding to help meet the housing needs of survivors of gender-based violence. OVW’s

Tribal Governments Program (TGP) allows grant funds to be used for transitional housing

assistance, including related support services, to victims of domestic violence, dating violence,

sexual assault, sex trafficking, or stalking. Many of these grantees use their grant funds for this

purpose. OVW also has a Transitional Housing Program (the Transitional Housing Assistance

Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program),

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for which Tribes and Tribal organizations (among others) are eligible applicants. And while

OJP/OVC is not statutorily authorized to fund research on housing, or on any other topic, its

Tribal Victim Services Set-Aside grants can be and are used by Tribes to support short- and

medium-term housing stability for crime victims.

With regard to training and technical assistance, OVW and OJP/OVC are part of an interagency

consortium focused on collaboration between housing service providers and victim services

providers to ensure all stakeholders are educated on responding appropriately to the housing

needs of survivors. The consortium involves several technical assistance partners, including the

STTARS Indigenous Safe Housing Center run by the National Indigenous Women’s Resource

Center, which produced the report cited in this recommendation.

Finally, the OJP/Bureau of Justice Assistance CTAS Purpose Area 4 supports a limited number of

awards each year to support renovation or expansion, prefabricated or permanent modular

buildings, and associated costs for Tribal criminal justice purposes, including transitional living

facilities (halfway houses).

Commission Recommendation B3: All federally funded programs serving MMIP families and

AI/AN survivors of trafficking must seek and use community-based feedback and culturally

relevant program evaluation to inform services. The information collected should be

implemented within 3 years to make program improvements, and further evaluation should

continue on a rolling basis.

Response: DOJ appreciates the Commission’s recommendation and will explore how

community-based feedback and culturally relevant program evaluation can be used to inform

services. OJP/OVC will include this topic in a listening session in 2024 to gather input from

Tribes about how community feedback can be gathered and used to inform DOJ programming.

OVW consults annually on the administration of Tribal programs under the Violence Against

Women Act and uses feedback from Tribal leaders or their designees to make program

improvements. To obtain further community feedback, OVW will participate in the OJP/OVC

listening session and prepare a framing paper for its 2024 Tribal Consultation on supporting

grantees in obtaining this type of feedback on their grant-funded projects.

The BIA Tiwahe Program can be used as a model for federally funded programs that this

recommendation is referring to. The Tiwahe Program is led by the Tribal demonstration sites

with support from BIA. The demonstration sites individually determine how the funding will be

used to support Tribal well-being, ensuring that the voices of their Tribal community are heard

and incorporated into the Tiwahe Plan. The Tiwahe Plan outlines the Tribe’s needs, priorities,

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programmatic goals, and outcomes. The Tiwahe Program was evaluated in 2020, and further

evaluations are forthcoming.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

COMMISSION FINDING C: Legal support services are needed for victims, survivors, and

families of MMIP and HT. There are a few attorneys who have experience with MMIP and HT,

or will take MMIP and HT cases, or take them pro bono, and those who may not be barred in

the state where the case is taking place.

Commission Recommendation C1: DOJ must provide grant funding to support MMIP and HT

legal aid programming available to families and survivors, regardless of case investigation status.

Legal services should include both civil and criminal cases. We ask Congress to direct the DOJ to

create a workforce development program to provide incentives for law students in the form of

tuition re-imbursement with the condition they must serve a minimum of 5 years providing

services to and within Indian country, using a similar model in the model IHS utilizes to recruit

clinicians to serve within IHS clinics (IHS Workforce Development programs; and NativeForward

Bureau of Indian Education (BIE) STEM career loan-for-service programs). We further ask

Congress to direct DOJ to fully fund a Tribal justice workforce development model in which

Tribal nations can partner with universities and colleges to develop future lawyers, prosecutors,

and judicial staff from within their own communities.

Response: As the recommendation recognizes, the creation of a workforce development

program of this nature would require Congressional action. However, DOJ does provide grant

funding to support legal aid programming. For instance, Tribes can use OJP/OVC TVSSA grants

to provide civil legal assistance to survivors and to crime victims’ families, if they choose to.

In general, OJP/OVC grant funding cannot be used to provide legal representation to crime

victims who are being prosecuted for a criminal offense. However, OJP/OVC’s TVSSA program

permits grantees to use their funding to offer victims, including human trafficking victims, civil

legal assistance in family law cases involving family law matters, as well as cases involving

landlord-tenant and employment issues, among other matters. Additionally, grantees who have

awards funded under OJP/OVC’s Trafficking Victims Protection Act grant programs can use their

funds to provide a range of legal remedies for trafficking survivors including legal support with

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immigration assistance; repatriation; public benefits law; victims’ rights representation; civil

legal assistance; and criminal record relief (expungement and vacatur). Historically, OJP/OVC

has also directed its discretionary funding to support other programs and initiatives to increase

crime victims’ access to civil legal assistance.

OJP/OVC’s most recent effort to expand victim access to legal advice and representation was

the FY 2022 Legal Fellowship Program to Bridge Inequities in Legal Services and Victims’ Rights

Enforcement for Underserved Communities Program. The grant was awarded to Equal Justice

Works, which will use the funds to support 21 attorneys in completing two-year fellowships at

nonprofit legal services agencies nationwide. The attorney fellows will expand the capacity of

participating agencies to provide civil legal assistance to victims of crime in underserved Black,

Indigenous, and Other People of Color (BIPOC) communities. The attorney fellows are assisting

victims of crime with victims’ rights enforcement as well as supporting them in civil legal

matters related to the victimization (e.g., civil protection orders, financial crimes, family law,

juvenile justice). In addition, the program will mobilize 21 summer law student fellows who will

support the work of attorney fellows and be trained to join the pipeline of victims’ rights

attorneys. This project has expanded access to civil legal assistance to Indigenous victims of

crime. For example, Michigan Indian Legal Services has hired a former Tribal court judge as an

attorney fellow and has partnered with Michigan’s Tribal domestic violence and sexual assault

coalition, Uniting Three Fires, to provide easily accessible, high quality, victim-sensitive, and

trauma-informed civil legal services to AI/AN victims of crime. The project plans to expand the

number of attorney fellows available to assist Native victims of crime in FY 2024 to include

fellows in Montana and Washington State.

OJP/OVC will explore the feasibility of increasing the number of fellowships for attorneys and

law students focused on assisting crime victims in Indian Country in FY 2025.

OVW’s Tribal Governments Program and Legal Assistance for Victims Program both can be used

to provide legal representation to MMIP and HT survivors who are also victims of domestic

violence, dating violence, sexual assault, stalking, and, in the case of the Tribal Governments

Program, sex trafficking. Legal assistance under the program statutes must be in matters arising

out of the victimization and may include a wide range of civil matters, as well as representation

of victims’ interests in criminal matters. Under an amendment made by the 2022

reauthorization of the Violence Against Women Act, grantees providing legal assistance under

any OVW grant program may represent victims in post-conviction relief proceedings in state,

local, Tribal, or territorial court with respect to a conviction relating to or arising from domestic

violence, dating violence, sexual assault, stalking, or sex trafficking of the victim.

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COMMISSION FINDING E: There is a lack of coordination of services to MMIP and HT victims,

survivors, and families at the local level. It is often community-based organizations and urban

Indian organizations that have extensive experience providing services to MMIP and HT

victims and their families, and their presence in the community is often the only thing

ensuring that long-term services will be available in the aftermath of an MMIP and HT case.

Commission Recommendation E1: Fully fund the creation, training, and sustainability of

Healing and Response Teams (HRT) that will be available to all Indigenous-led CBO’s, Indian

Tribes and urban Indian organizations, including Alaska Native Village Statistical Areas and Indian

Tribes located in the State of Maine and not limited by jurisdictional boundaries. HRT will

provide victim-centered source of support, advocacy, resource liaison, healing pathways, and

systems navigation using an Indigenous integrated care model, in MMIP and HT cases. Funding

from DOI, DOJ, and/or HHS must be substantially increased to support Community-based

organizations and urban Indian organizations that provide healing, prevention, and responsive

services to MMIP and HT victims and their families. Funding must be consistent across

jurisdictions but flexible to meet diverse local needs (i.e., Montana and Alaska). Financial

support for HRTs in Tribal nations should come from base funding from DOI, DOJ, and/or HHS.

Urban Indian organizations should be supported through discretionary grant programs operated

by DOI or DOJ. When TCRPs are fully funded, TCRP funding should be expanded to support

Healing and Response Teams in Indian Nations.

Response: Although base funding for these efforts would require congressional action, DOJ

recognizes the value of the multidisciplinary approach to meeting the needs of crime victims

and provides resources that can be used for these purposes. Tribes can use OJP/OVC’s TVSSA

grants to support the work of coordinated community responses, multidisciplinary teams, or

any other collaborative response model that a Tribe chooses to adopt. OVW’s grant funds,

including its Tribal Governments Program, support coordinated community responses to

domestic violence, dating violence, sexual assault, and stalking. Funds from the Tribal

Governments Program may also be used for community responses to sex trafficking. These

forms of gender-based violence are often underlying causes of MMIP, and OVW continues to

explore ways to support culturally responsive efforts in Tribal communities to address the

intersection of MMIP and gender-based violence in accordance with this and other

recommendations of the Commission.

We note that this recommendation also concerns HHS. HHS may have additional feedback to

provide under separate cover with respect to this recommendation.

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Commission Recommendation E2: There must be federal funding for ongoing TTA for HRTs to

ensure they are delivering Native-led, culturally appropriate, victim-centered, trauma-informed

responses must be provided. HRT’s need to be trained to help families and survivors navigate

the systems involved in MMIP and HT cases. Federal funds must be provided to support training

determined necessary by the Tribe where the HRT is serving.

Response: OJP/OVC provides training and technical assistance (TTA) to support Tribes in

designing and implementing victim services programs. Tribes can access OJP/OVC TTA to

address training for HRT and system navigators. Although OVW does not have broad MMIP

funding, all of OVW’s TTA on improving responses to violence against AI/AN women (often an

underlying issue in instances of MMIP) emphasizes Native-led, culturally appropriate, victim-

and survivor-centered, and trauma-informed approaches.

Commission Recommendation E3: All entities receiving funding to provide services to MMIP

and HT families and survivors should be permitted to provide cash assistance as a necessary

service.

Response: OJP has determined that the Victims of Crime Act prohibits cash payments to

victims, including compensation for lost wages. Should Congress change the authorizing

language for the TVSSA to permit cash assistance to victims’ families, OJP/OVC would consult

with Tribes on the best way to operationalize that policy change. TVSSA funds can be used,

however, to provide emergency supplies for victims and their families, such as groceries,

clothing, baby supplies, gas, etc.

OVW’s grant funding—although generally limited to situations involving domestic violence,

dating violence, sexual assault, stalking, and sex trafficking—also can be used for these types of

emergency supplies. In addition, after consultation with Tribal leaders, OVW is working on

launching a financial assistance pilot program for survivors of these crimes in Tribal

communities.

The BIA Victim Services Program receives a small portion of this funding to provide assistance

to victims and families as well, but the same statutory limitations apply and preclude direct

payments to Tribes for this purpose.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

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COMMISSION FINDING F: There is a lack of funding and resources to support MMIP and HT

families to return familial remains or bury the bodies of their loved ones when they are

recovered. There must be financial assistance for transportation of family members,

transportation of remains and burial costs, carrying out funerary rites, and funeral expenses

in MMIP and HT cases.

Commission Recommendation F1: The BIA Burial Assistance Program must be expanded, both

in terms of financial resources, accessibility of funds, and outreach to families so they know it is

available. Expanded funding will include expenses pertaining to traditional burial practices,

transporting remains as needed, and costs of providing advocates to families that can assist

with transportation of remains and funeral planning. Additional funding will be made available

via DOJ grants to urban Indian organizations to disburse to urban MMIP families as needed.

Response: The BIA Burial Assistance Payment Standard, set by regulation, is only $2,500 per

burial and has been at this level for over 23 years. BIA will work with the regions and agencies

to bring more awareness to families regarding this funding source.

Commission Recommendation F2: Financial resources must be available even in cases where

there is no clear cause of death or the official cause of death is ruled as undetermined, suicide or

accident, but criminal action is suspected by family.

Response: The finding underlying this recommendation is about funding and resources for

returning familial remains and burial and funeral costs in MMIP and HT cases. Much of the

information in the response to Recommendation E3 is relevant here as well. Although proof of

criminal activity is not required for victims to receive services under OVW’s grant programs, the

program statutes do not encompass services for surviving family members if a victim dies.

However, Tribes can use OJP/OVC’s TVSSA grants to pay for funeral expenses where victim

compensation funds are not available as a support to crime victims’ families if they choose to.

For example, if the remains of a missing person have been identified and the autopsy concludes

that the cause of death was homicide or if the cause of death cannot be determined, TVSSA

funds can be used for—

• Exhumation, if necessary;

• Transportation of the remains for burial;

• Burial costs; and

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• Costs associated with funeral ceremonies.

TVSSA grantees should make reasonable efforts (time permitting) to use other existing

resources (e.g., insurance, victim compensation) before using grant funds to cover gaps in

services.

Commission Recommendation F3: MMIP and HT service providers receiving Federal funding for

their services should be permitted to utilize funds to provide cash assistance to MMIP families

for funerals and related expenses.

Response: While cash assistance is not generally allowable under federal grant programs,

Tribes can use OJP/OVC’s TVSSA grants to pay for funeral expenses where victim compensation

funds are not available as a support to crime victims’ families if they choose to. For example, if

the remains of a missing person have been identified and the autopsy concludes that the cause

of death was homicide or if the cause of death cannot be determined, TVSSA funds can be used

for the costs enumerated in DOJ’s response to Recommendation F2.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation F4: State Administering Agencies of Victims of Crime Act Victim

Compensation programs must conduct outreach to all federally-recognized Tribes and urban

Indian organizations annually to ensure that information about State Victim Compensation

programs is available in Tribal communities, and that the application process for Tribal members

is accessible.

Response: In the draft VOCA Victim Compensation Rule, OJP/OVC has proposed that states and

territories with one or more federally recognized AI/AN Tribes must have a written policy

regarding how the state/territory will engage with AI/AN Tribal members for the purposes of

compensation. The policy must include a plan for conducting outreach efforts to inform Tribal

communities about compensation and provide compensation for culturally appropriate

expenses and services.

COMMISSION FINDING G: There are opportunistic actors who take advantage of searching

and/or grieving MMIP and HT families. There should be protection for families from

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predatory practices such as mediums, psychics, untrained advocates, fraudulent medicine

people, private investigators, or anyone practicing or acting with malice.

Commission Recommendation G1: Federal TTA must be provided to train advocates to educate

families how to recognize predatory or unethical practices from service providers related to

MMIP and HT cases. Use federal and state consumer protections agency remedies when

appropriate. DOJ should advise Tribes working on TCRPs to include this issue. Operation

Rainbow Bridge in Arizona provides a model for addressing this issue.

Response: DOJ will explore whether it can address this issue through its support of Tribes

developing TCRPs. DOJ will also review the Guide to Developing a Tribal Community Response

Plans for Missing Person Cases for potential inclusion of this issue as appropriate. Further, any

Tribe that is a recipient of TVSSA grant funds is eligible for assistance from OJP/OVC’s Tribally

focused TTA programs. To date, no Tribe has sought this kind of assistance, but if it were

sought, the TTA provider would develop a response to meet the community’s needs.

Commission Recommendation G2: Federal agencies, policy makers, and agencies receiving

federal funding for MMIP and HT programs must use established best practices for protecting

the confidentiality and agency of MMIP and HT families and never exploit the families’ stories

for gain (e.g., to raise funds without the family’s permission).

Response: DOJ does not use family stories or testimonies without appropriate consent and

collaboration with the family as to the purpose and reasonableness of the use. Similarly, the

U.S. Department of the Interior (DOI) is dedicated to abiding by applicable federal laws,

regulations, and policies for protecting the integrity of its investigations and, where applicable,

the confidentiality and stories of victims, witnesses, and other stakeholders. We note that this

recommendation is also directed at departments other than DOI and DOJ. Other departments

may have additional feedback to provide under separate cover with respect to this

recommendation.

COMMISSION FINDING H: MMIP and HT cases are difficult to investigate and face additionally

unique challenges and barriers in remote, and rural areas. Often special equipment such

boats, skits, satellite tracking phones, and fuel for search equipment are unable to be funded.

When persons become missing, murdered or trafficked from or through extremely remote

and rural areas there may be few or no LE and search and rescue resources available to

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respond adequately and safely. These communities have unmet public health and safety

needs and limited ability to use existing resources more readily available in urban areas.

Commission Recommendation H1: Baseline public health and safety improvement funds from

DOI, DOJ, and HHS must be made available for AI/AN Tribal nations and urban Indian

organizations to develop, sustain, and implement the following: search and rescue teams with

allowance for purchasing of major equipment, supplies, and search tools/technology needed to

navigate rural, remote, and urban areas; and Village Public Safety Officers to provide basic

public health and safety in rural Alaska.

Response: DOI and DOJ appreciate the recommendation to make baseline public health and

safety improvement funds available for Tribal Nations. While new funding of this nature would

require congressional action, within BIA law enforcement funding provided to Tribes, most of

the costs related to search and rescue equipment used by law enforcement personnel are

considered eligible uses of the funding. BIA looks to Tribes to fund their highest priorities within

the amounts allocated.

Several of DOJ’s Tribal-specific grant programs, including those offered under CTAS, can be used

to support search and rescue, equipment, officers, and related activities. This includes the

Tribal Resources Grant Program (TRGP) within the Office of Community Oriented Policing

Services (COPS Office), which is offered through CTAS Purpose Area 1: Public Safety and

Community Policing. Purpose Area 1 is designed to expand the implementation of community

policing and meet the most serious needs of law enforcement in Tribal Nations through a

broadened comprehensive program. The funding can be used to hire or rehire full-time career

law enforcement officers, village/Tribal police officers, village public safety officers, and school

resource officers, as well as to procure basic equipment, technology, and training to assist in

the initiation or enhancement of Tribal community policing efforts. The program has a broad

and flexible list of allowable costs, which are posted in conjunction with the solicitation on the

DOJ’s Tribal Justice and Safety website.

In addition, a new training program, Volunteer Engagement for AI/AN Missing Person Cases,

was recently launched under the COPS Office’s Collaborative Reform Initiative Technical

Assistance Center (CRI-TAC). The course prepares and introduces the basic elements and

practices for creating a volunteer engagement program to support law enforcement and

communities in responding to emergent missing person cases. Every agency, Tribe, and missing

person situation will have different needs and challenges. This training will provide Tribal

stakeholders with options and considerations while building a volunteer engagement program

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to meet their unique needs. It includes two components: (1) a 90-minute leadership kickoff

meeting and (2) an 8-hour training that introduces the practices and strategy for developing,

implementing, and maintaining a volunteer engagement program. This training can be

delivered in person or virtually. The training was developed for Tribal leadership, Tribal

members, Tribal/local/state/federal law enforcement partners, community victim advocates,

and other stakeholders who might be involved in emergent missing person cases. It is intended

primarily for those who will have a role in developing and managing a volunteer program to be

involved in emergent missing person cases.

Under various OJP/BJA grant programs, including the Edward Byrne Memorial Justice

Assistance Grant (JAG), it may be allowable to use funding to support the identified items.

There are restrictions on the use of federal funds for certain types of equipment that are

“prohibited” or “controlled” under Executive Order 14074, Advancing Effective, Accountable

Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety. Separately, the

JAG statute, at 34 U.S.C. § 10152, prohibits the use of JAG funds for certain items, and prohibits

the use of JAG funds for other items unless OJP/BJA grants a waiver as detailed in

the publication JAG Prohibited and Controlled Equipment Guidance for Awards Made During or

After (federal) Fiscal Year 2023. The use of OJP/BJA grant funds for unmanned aircraft systems,

including unmanned aircraft vehicles, and all accompanying accessories to support this

equipment remains unallowable.

We note that this recommendation is also directed at HHS. HHS may have additional feedback

to provide under separate cover with respect to this recommendation.

COMMISSION FINDING I: Undetermined findings on cause of death, and deaths ruled accident

or suicide that are suspected to be homicide impede MMIP and HT families’ abilities to pursue

their cases.

Commission Recommendation I1: There needs to be a cause of death determination that is

“contested status” to indicate the family, or the evidence, or some part of the system does not

agree with the official determination.

Response: The federal government does not have the ability to require state and local medical

examiners to create a “contested status” cause of death. Cause of death is a legal

determination made at the state or local level.

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Commission Recommendation I2: There needs to be a process for challenging incorrect Cause

of Death determinations, and processes to support families in challenging the cause of death.

There needs to be some process or body of oversight who could review the ME/C’s findings of

“undetermined” or “suicide” when the evidence shows otherwise. This is critical because for

some families receiving MMIP and HT services and resources is contingent on the officially

determined cause of death.

Response: As noted above, the cause of death determination is a legal determination made at

the state or local level. Any challenges must be made through the civil court or administrative

process at the state or local level. The federal government has no ability to require state or

local governments or medical examiners to create a process that challenges the cause of death

determination.

COMMISSION FINDING L: Survivors of trafficking have experienced trauma that is

compounded when system actors and victim service providers are not knowledgeable about

how to support them and there are systemic barriers on their pathway to healing and justice.

Commission Recommendation L1: All Federal programs addressing MMIP and HT must require

grantees and program beneficiaries to create policies to decriminalize persons coerced or forced

into criminal acts by their traffickers.

Response: Neither DOJ, nor its grantees, including state and local law enforcement, have

authority to “decriminalize” persons; changes to criminal law must be made by legislatures

through processes set out under state law.

While DOJ grant funds cannot be used to support lobbying activities, OJP/OVC currently offers

priority consideration to Enhanced Collaborative Model Task Force applicants who explicitly

attest that task force funds will be used to “… take reasonable, affirmative measures to avoid

arresting, charging, or prosecuting victims of human trafficking for any offense that is the direct

result of their victimization.” See the FY 2023 OJP/OVC Enhanced Collaborative Model to

Combat Human Trafficking Program solicitation. Further, through OJP/OVC-funded training and

technical assistance, these task forces receive training on issues related to coercion and forced

criminality in HT cases, which helps ensure that HT survivors are identified as victims of a crime.

OJP/OVC has also funded efforts to support jurisdictions in developing alternatives to the

arrest, detention, and confinement of minor victims of human trafficking. For example, in FY

2022, OJP/OVC issued its Field-Generated Strategies to Address the Criminalization of Minor

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Victims of Sex Trafficking solicitation. The grantees funded under this solicitation are

developing, expanding, or strengthening victim service programs to support victim-centered,

trauma-informed, developmentally appropriate, evidence-based responses for minor victims of

sex trafficking. Using a combination of community-based, short-term, long-term, and cross-

sector interventions, the grantees are working to provide minor victims with services and

support and, in doing so, decrease the likelihood that minor victims will move from the juvenile

justice system to the adult criminal justice system. With training and technical assistance from

the National Council of Juvenile and Family Court Judges (NCJFCJ), the program sites receive

training, resource development, and peer-to-peer learning opportunities to support their

efforts to end the criminalization of minor victims of sex trafficking.

In addition, DOJ’s Civil Rights Division’s Human Trafficking Prosecution Unit and its national

human trafficking coordinator are actively engaged in delivering trainings, guiding interagency

policy discussions, and developing law enforcement protocols aimed at preventing

inappropriate arrest, detention, or punishment of victims. Examples include—

• Presentations to the United Nations Transnational Organized Crime Convention’s

Working Group on Trafficking in Persons and International Association of Human

Trafficking Investigators;

• Participating in an interagency working group convened pursuant to the National Action

Plan To Combat Human Trafficking to formulate policy recommendations aimed at

protecting victims from inappropriate punishment; and

• Working with DOJ components and external partners, in accordance with the DOJ

National Strategy to Combat Human Trafficking, to incorporate protections against

inappropriate arrest and punishment into relevant training programs and law

enforcement operational protocols.

DOJ notes that this recommendation is also directed at other departments. Other departments

may have additional feedback to provide under separate cover with respect to this

recommendation.

Commission Recommendation L2: All Federal programs addressing MMIP and HT must offer

resources and TTA to expunge records for criminalized victims.

Response: DOJ will convene an interagency working group and collaborate with federal law

enforcement agencies to implement priority actions under the National Action Plan To Combat

Human Trafficking aimed at preventing inappropriate punishment of trafficking victims,

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including through vacatur, expungement, and other forms of criminal record relief. For the past

several years, OJP/OVC’s anti-trafficking program has made increasing access to legal advice

and representation for HT survivors a priority. The legal assistance OJP/OVC supports includes

funding legal services to assist with vacatur and expungement for HT victims who have prior

criminal convictions related to their victimization. Additionally, since 2016, OJP/OVC has funded

specialized legal training and technical assistance for legal service providers assisting survivors

of HT, including building the providers’ capacity to address a range of legal needs, including

criminal record relief. Finally, and most recently, in FY 2023 OJP/OVC funded the Survivor

Reentry Project to provide a nationwide specialized services model to ensure that survivors of

both labor and sex trafficking across the country have equal access to remedies for their

criminal records.

In addition, OVW’s TGP and Legal Assistance for Victims Program can both be used to provide

legal representation to MMIP and HT survivors who are also victims of domestic violence,

dating violence, sexual assault, stalking, and, in the case of TGP, sex trafficking. Under an

amendment made by the Violence Against Women Act 2022 (VAWA 2022), grantees providing

legal assistance under these and other OVW grant programs may represent victims in post-

conviction relief proceedings in state, local, Tribal, or territorial court with respect to a

conviction of a victim relating to or arising from domestic violence, dating violence, sexual

assault, stalking, or sex trafficking of the victim. Finally, in FY 2023, OVW funded a new

technical assistance project, the Post-Conviction Assistance for Criminalized Survivors Project,

to increase awareness of the VAWA 2022 provision on post-conviction relief and provide

training for grantees on representing survivors in such matters.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation L3: DOJ must ensure Federal LEOs are appropriately trained to

work with trafficking victims.

Response: Consistent with this recommendation, in January 2022, DOJ issued its National

Strategy To Combat Human Trafficking. This National Strategy requires cross-jurisdictional

collaboration and coordination among federal, state, local, Tribal, and territorial law

enforcement partners. It also requires a multidisciplinary, trauma-informed approach that

unites investigators, prosecutors, victim assistance specialists, and nongovernmental service

providers.

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To satisfy one of the Indian Country training requirements in the National Strategy, DOJ’s

National Indian Country Training Initiative (NICTI), together with the Civil Rights Division’s

Human Trafficking Prosecution Unit (HTPU), hosted a three-day webinar series on “Investigating

and Prosecuting Human Trafficking in Tribal Communities” that was made available to HT task

forces and others working with USAOs in relevant regions. The virtual training was held in April

2023, and attendees included criminal justice and social service personnel, medical providers,

Tribal leaders, and other community stakeholders. The training served to enhance

understanding of legal definitions, elements of federal offenses, and current issues and

challenges concerning HT enforcement, including both labor trafficking and sex trafficking.

Presentations addressed effective strategies for identifying, investigating, and prosecuting HT

cases, including prosecutors’ roles in planning successful enforcement operations; strategies for

developing victim testimony; pretrial litigation strategies; effective trial presentation in HT

prosecutions; and sentencing issues.

In addition, the Executive Office for United States Attorneys (EOUSA) provided joint training

with HTPU on HT and made recordings of these trainings available on demand to United States

Attorney’s Office (USAO) personnel.

COMMISSION FINDING M: Children and youth in foster care, child welfare, and juvenile justice

systems face increased risk for being trafficked.

Commission Recommendation M1: The DOJ must fund a pilot program to recruit, train, and pay

specialty attorneys and advocates for trafficked foster kids in Tribal communities.

Response: OJP/OVC’s anti-human trafficking programs “Improving Outcomes for Child and

Youth Victims of Human Trafficking,” “Preventing Trafficking of Girls,” and “Integrated Services

for Minor Victims of Human Trafficking” support community-based approaches to respond to

young victims, potentially including children involved in the foster care system.

Commission Recommendation M2: The DOJ must: (1) convene agencies that have equities in

this issue and create policy to address decriminalization of runaway behavior; and (2) leverage

formula and discretionary funding for state juvenile justice systems to encourage those systems

to decriminalize runaway behavior.

Response: OJP/OJJDP has worked for years in the area of decriminalizing status offenses, which

are offenses that are illegal solely due to the child’s age (e.g., alcohol use). Behavior in which a

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person under the age of 18 voluntarily goes missing (in the report called “runaway behavior”) is

one such type of status offense.

OJP/OJJDP currently works with states, territories, and the District of Columbia in its Title II

program to help ensure that children and youth charged with status offenses are not

incarcerated.

OJP/OJJDP will consider appropriate opportunities to convene a roundtable to discuss children

and youth who voluntarily go missing with states, territories, the District of Columbia, and

Tribes to better understand what is currently happening in the field and discuss possible

solutions for issues that arise.

Commission Recommendation M6: DOJ, HHS, and DOI must develop policy and technical

assistance for state and Tribal Courts interested in developing alternative court programs for

runaway Tribal Youth. This could include providing grant funding for states and Tribes as well as

Tribal code review and updates to develop a legal framework to address status offenses

committed by Tribal youth.

Response: OJP/OJJDP works with its grantee, the Tribal Law and Policy Institute (TLPI), on Tribal

youth-related issues. The institute recently released an updated Guide for Drafting or Revising

Tribal Juvenile Delinquency and Status Offense Laws, which can be found at

https://ojjdp.ojp.gov/publications/2022-guide-tribal-juvenile-delinquency-status-offense-

laws.pdf.

We note that this recommendation is also directed at HHS. HHS may have additional feedback

to provide under separate cover with respect to this recommendation.

COMMISSION FINDING O: Persons providing services (including both victim services and TTA)

do not always have the training and expertise to provide appropriate services in Tribal

communities.

Commission Recommendation O1: DOI, HHS, HUD and DOJ and any other applicable agency

must ensure employees and contractors are properly trained and equipped and have

appropriate supervision to effectively work with MMIP and HT victims, survivors, and families.

Those agencies, including DOI, HHS, HUD and DOJ must create effective methods of oversight

through their performance management systems for employees and contractors interacting

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with MMIP and HT victims, survivors, and families, and hold those actors accountable for

successfully performing doing their jobs. Employees that perform at unacceptable levels as

defined by their performance management systems must be removed, and not transferred to

other assignments.

Response: DOJ supports efforts to train its personnel on working with MMIP and HT victims,

survivors, and families. For example, from May 30 to June 1, 2023, DOJ’s NICTI hosted a training

titled “Investigating and Prosecuting Federal Sexual Assault Cases: Boats, Planes, Prisons, Parks,

and Indian Country.” It included instruction on the following topics: trauma-informed sexual

assault investigations; the importance of victim advocacy in sexual assault cases; the sexual

assault forensic exam; toxicology for prosecutors and investigators; and federal jurisdiction over

sexual misconduct by government actors. DOI, HHS, HUD, and DOJ personnel attended. NICTI

will continue to invite all federal agencies to attend appropriate trainings.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation O2: Each agency that has MMIP funding, including HHS, HUD,

DOI and DOJ, must establish an ombudsman where persons harmed by the system or not served

can report, and from which the cognizant agency will act. The ombudsman will be advertised to

the public on an outward-facing webpage by each agency. The ombudsman’s web page will

describe actions citizens can take to document unsatisfactory interactions with federal actors.

All ombudsman’s offices will develop pamphlets for electronic and paper distribution that

describe citizens’ avenues to report their concerns.

Response: Consistent with Executive Order 14053, Improving Public Safety and Criminal Justice

for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and

as noted earlier, DOJ created the position of the National Native American Outreach Services

Liaison (OSL) in 2022. The OSL serves as DOJ’s point of contact for families that have questions

regarding criminal cases where the federal government has jurisdiction. Further, the OSL will

assist DOJ in developing effective, consistent, and culturally and linguistically appropriate

communication with families of victims and their advocates. The OSL’s contact information is

available to the public on DOJ’s Tribal Justice Safety MMIP website. Although not an

ombudsman, the OSL will help families navigate the federal criminal justice system and

coordinate with DOJ victim assistance and law enforcement personnel.

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Further, DOJ has an Office of the Victims’ Rights Ombuds, which receives and investigates

complaints against DOJ employees who violate or fail to provide one or more rights under the

Crime Victims’ Rights Act, 18 U.S.C. § 3771. Information regarding how to document a

complaint is available on the Ombuds webpage.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation O3: All federal agencies and state and Tribal governments must

require annual Implicit Bias training for staff and contractors who work on MMIP and HT

victims, survivors, and families.

Response: In May 2023, the Attorney General issued Guidance for Federal Law Enforcement

Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual

Orientation, Gender Identity, and Disability, which, among other things, prohibits the use of

generalized assumptions or stereotypes about individuals or groups based on demographic

characteristics as a basis for law enforcement decision making. The updated guidance sets forth

a single clear standard for when federal law enforcement may consider a protected

characteristic; adds disability as a protected characteristic; expands application of the guidance

beyond federal law enforcement officers to include analysts, attorneys, paralegals, contractors,

and other federal law enforcement personnel engaged in or supporting federal law

enforcement activities; and sets benchmarks and timelines for the development and

implementation of training, data collection, and accountability provisions. DOJ is currently

providing training on the new guidance to all current personnel engaged in and directly

supporting law enforcement activity and all state, local, territorial, and Tribal law enforcement

officers participating in federal law enforcement task forces and joint operations.

As this guidance and related training apply to law enforcement decision making, they do not

apply to non-law enforcement staff at DOJ who may interact with victims, survivors, or families

in other contexts, such as grant making. However, these staff receive other types of training

responsive to this recommendation. For example, OVW staff have received both basic implicit

bias awareness training and more in-depth training on mitigating implicit bias. The training has

not been held on an annual basis, but OVW plans to offer similar training again, as well as other

types of specialized training addressing bias.

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We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

COMMISSION FINDING P: Body Worn Cameras (BWC) show promise as a tool for ensuring

accountability in LE interaction with individuals.

Commission Recommendation P1: BIA, in consultation with Tribes, including families and

survivors, must develop and release a BWC policy to direct the use of BWC by BIA agents and

create a policy to govern the release of BWC footage when requested by the family.

Response: In October 2022, DOI announced a series of new law enforcement policies to

advance transparent and accountable policing practices as part of the continuing

implementation of Executive Order 14074, Advancing Effective, Accountable Policing and

Criminal Justice Practices To Enhance Public Trust and Public Safety.

Chapter 41 of DOI’s Manual Part 446 (446 DM 41) establishes policy governing the use of body-

worn cameras (BWCs) and vehicle-mounted cameras (VMCs) by DOI law enforcement officers.

The chapter reads, in part, “The Department will strive to expedite the public release of BWC

and VMC video footage following incidents involving serious bodily injury or death to promote

transparency and accountability. The public release of such video footage also must be

consistent with applicable law, including the Privacy Act of 1974, and shall take into account the

duty to protect the privacy rights of the persons depicted in the footage and any need to

protect ongoing law enforcement operations.” The manual further states, “Bureaus must

establish policy governing the release of BWC and VMC video footage that is consistent with

this Chapter.” In the coming months, BIA will consult with Tribes on the development of a

bureau policy, consistent with DOI’s policy and the President’s Executive Order. BIA is

committed to transparent policing and strengthening the public’s trust in its law enforcement

program.

COMMISSION FINDING Q: Recruitment and retention of MMIP and HT advocates, victim

navigators and other direct service providers is low due to high burn out rates. Systems and

community-based care/ service providers who work on MMIP and HT cases experience

burnout, compassion fatigue, and experience vicarious trauma.

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Commission Recommendation Q2: DOI, DOJ, HUD and HHS (or any federal agency providing

MMIP and HT programming) must provide appropriate, standards-based training, support, and

clinical supervision for MMIP and HT service providers whose salaries are paid through federal

funds (i.e., grant funding, contract funding, direct funding, or other funding).

Response: With respect to DOJ, Tribes can choose to use OJP/OVC TVSSA grants to not only pay

the salaries of victim services professionals, but also pay for professional development for these

employees and for their supervision. Additionally, in March 2022, OJP/OVC and HHS OTIP

announced a joint initiative to fund a project to develop standards of care for anti-trafficking

service providers. The initiative reflects both program offices’ shared values around ensuring

that their grantees consistently provide the same standard of culturally responsive care to all

human trafficking victims. Freedom Network USA received competitive funding to work with

OJP/OVC and OTIP to draft the standards of care and has formed a diverse technical advisory

working group to aid in the development of the standards. Notably, one of the guiding

principles for the development of the standards calls for the project to integrate diversity,

equity, inclusion, and accessibility throughout the initiative.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

COMMISSION FINDING R: Systems and community-based care / service providers who work

on MMIP and HT cases need expertise and training in order to ensure that they have the

appropriate skills and trauma-informed approach for the victim / survivor / family who needs

care. Complex trauma response requires more intensive training and more supervision.

Commission Recommendation R1: DOJ OVC must establish regional training centers, with non-

Victims of Crime Act, permanent funding appropriated by Congress, to support practitioners

working on MMIP and HT cases. Trainers must leverage expertise existing in Tribal communities

and be available to go out to Tribal communities to provide training on-site.

Response: If Congress moves forward with this proposal, OJP/OVC will welcome the

opportunity to work with Tribes to undertake this initiative.

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COMMISSION FINDING S: Impermanent, under-funded efforts to serve victims / survivors /

families do more harm than good. The federal government has a history of rolling out MMIP

and HT programs that have been under-funded and temporary, and their impermanence has

caused harm. Federal funding to serve MMIP and HT victims, survivors and families’ needs to

be sustainable and permanent. Current programs stretch their staff too thin across regions

too large for staff capacity.

Commission Recommendation S1: DOJ must create a framework for exploring the efficacy and

impact of state and MMIP task forces. This framework must be submitted to Congress within 24

months of final Report publication.

Response: DOJ currently tracks state and MMIP task force efforts and includes links to many on

the MMIP Data and Research page on the Tribal Justice and Safety website. Although DOJ does

not have direct oversight of state MMIP task forces, it will continue to refine its communication,

collaboration, and coordination with these task forces, through the MMIP Regional Outreach

Program and district Tribal liaisons, with the goal of helping to improve the efficacy and impact

of all federal, Tribal, and state MMIP-related programs.

Commission Recommendation S2: Mandatory funding for the 2023 MMIP Regional Outreach

Program through EOUSA must be sustained in perpetuity and substantially increased to meet

the needs for additional personnel and program needs to be able to effectively serve MMIP and

HT to include:

• More than one dedicated coordinator and AUSA to serve Alaska, uniquely;

• A minimum of three (3) system navigators; and, for every hundred cases in any given region,

create one (1) additional systems navigator position;

• A second Attorney Advisor to oversee the program;

• Set number of staff per region based on cases under investigation;

• Making support for victims and families the priority of program staff; and

• Conducting ongoing outreach and TA to inform Tribal nations, Urban Indian Organizations,

and CBO’s about the program’s resources, roles, and services provided.

Response: DOJ is committed to improving the federal response to MMIP. To advance its

commitment, and consistent with Executive Order 14053, Improving Public Safety and Criminal

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Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous

People, DOJ announced the creation of the MMIP Regional Outreach Program in June 2023.

The program endeavors to aid in the prevention and response to MMIP through the permanent

placement of five MMIP Assistant United States Attorneys (AUSAs) and five coordinators in five

designated regions across the United States. The program provides experienced and specialized

support to USAOs within each designated region to address and combat MMIP issues, including

unresolved cases and MMIP-related crimes. Further, the program promotes communication,

coordination, and collaboration among federal, Tribal, local, and state partners on MMIP issues.

The program will also complement the work of the National Native American Outreach Services

Liaison (OSL) to ensure that victims and families are supported as they navigate the federal

criminal justice system.

To help facilitate a regional and national impact, programmatic support is being coordinated

and provided by a national MMIP regional program coordinator located within the DOJ’s

EOUSA. Notably, the program complements the work of already existing Tribal liaisons and

prosecutors in USAOs with Indian Country responsibility. Moreover, these efforts are further

supported by EOUSA’s OSL and the NICTI coordinator, and Native American issues coordinator.

As program regions are fully staffed, the regional AUSAs and coordinators will begin regional

outreach to federal, Tribal, state, and local law enforcement, victim and MMIP-related

governmental and nongovernmental organizations, and urban Indian organizations to provide

information about the program’s resources, roles, and services and develop a regional resource

list. The AUSAs and coordinators, in collaboration with local USAOs and their Tribal liaisons, will

develop relationships with Tribal Nations, established governmental and nongovernmental

victim-related organizations, MMIP state task forces and offices, and MMIP families to ensure

that the development and growth of the program aligns with the needs of victims, victims’

families, and federal, Tribal, state, and local partners. DOJ will continue to evaluate the program

and assess, based on need and available resources, whether and how to expand the number of

coordinators and other staff as recommended.

The NICTI coordinator and EOUSA’s MMIP program coordinator have discussed mandatory

training for all hires serving a role in the program. Once the positions are staffed, all program

personnel will be expected to participate in mandatory training to ensure a consistent victim-

centered and trauma-informed response to MMIP-related issues across the regions.

EOUSA’s program coordinator will help develop and monitor the program’s progress. EOUSA

will periodically assess the program to determine whether it is meeting its goals, including being

responsive to Tribal community needs. The program coordinator and regional personnel will

provide updates on the program’s successes and efforts, as appropriate.

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The program will work in concert with USAOs and federal, Tribal, state, and local partners to

respond to the MMIP-related issues in each region and across regions, and to evaluate the

efficacy and any needed improvements for the program. The program, including its regional

AUSAs and coordinators and program coordinator, will serve as conduits for information to pass

freely from jurisdiction to jurisdiction to aid MMIP victims and families in receiving prompt

information and resources.

Commission Recommendation S3: Ongoing consultations for the roles, expectations, and plans

of coordinated efforts and communication related to the 2023 MMIP Regional Outreach

Program must be held with Tribal nations, established grassroots agencies, MMIP State Task

Forces and Offices, and MMIP families and survivors and address the following:

• Referral process and point of contact clearly defined.

• Communications mapping and case coordination protocols.

• Examination of and implementation of effective coordinated efforts established within said

regions.

• Establish database of MMIP resources to reduce response times in referrals and resource

liaison.

Response: Please see response for Recommendation S2.

Commission Recommendation S4: All 2023 MMIP Regional Outreach Program positions must

receive mandatory Indian country jurisdiction training, and mandatory training on the Tribes

within their region which includes on site and in community time served.

Response: Please see response for Recommendation S2.

Commission Recommendation S5: The MMIP Regional Outreach Program must be required to

provide annual data on the program that includes: Case outcomes and patterns; survivor/family

feedback; tracking status of implementation of Savanna’s Act Guidelines in each district within

regions; ongoing evaluation that determines program; and operational needs.

Response: Please see responses for Recommendations A7 (Chapter 2) and S2 (above).

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Commission Recommendation S6: MMIP Regional Coordinators must act as a resource and

liaison for all MMIP and HT families and victims, including providing referrals and information on

services that are not dependent upon prosecution or geography.

Response: Please see responses for Recommendations A7 (Chapter 2) and S2 (above).

COMMISSION FINDING T: All government personnel who interact with MMIP and HT victims

and families should prioritize educating people about their rights.

Commission Recommendation T1: LE, victim services personnel, and others who interact with

victims and their immediate and extended families should be trained to provide information to

victims about these rights. MMIP and HT survivors and their surviving family members may

have guaranteed federal rights.

Response: DOJ and BIA already require that all personnel who may come into contact with

crime victims be trained in the Crime Victims’ Rights Act, the Victims’ Rights and Restitution

Act, the Sexual Assault Survivors’ Bill of Rights Act, and the Attorney General Guidelines for

Victim and Witness Assistance. EOUSA and NICTI provide training on federal crime victims’

rights to USAOs, DOJ components, and federal, state, and Tribal law enforcement, advocates,

and social service providers. Instruction on the Attorney General Guidelines on this issue

includes specific information on working with AI/AN victims of crime. While it is important that

victims be informed of their rights, it is imperative that this information be delivered in a victim-

centered, trauma-informed manner. Therefore, training includes information on the effects of

trauma on the brain and how best to communicate with individuals who have experienced a

traumatic event. OJP/OVC is supporting a new trainer at the National Advocacy Center to

provide victims’ rights training to federal prosecutors and advocates.

Further, OJP/OVC will include this topic in a listening session in 2024 to gather input from Tribes

about what supports and resources would be useful to help crime victims understand their

rights. OJP/OVC has resources available currently on this topic:

• Enforcing Victims’ Rights Training

• Introduction to Victims’ Rights for Attorneys

• Introduction to Victims’ Rights for Advocates

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We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

COMMISSION FINDING U: The BIA MMU needs the authority and resources to effectively carry

out assigned duties.

Commission Recommendation U1: MMU needs increased authority and resources to

effectively carry out their assigned duties: Ability to investigate in PL-280 states and especially

in non-cooperative jurisdictions; increased operational supports to screen referrals; increased

number of agents with skill and training to work in within Indigenous communities; and ability

to release use the press/media in real time to facilitate cases.

Response: The MMU holds the authority necessary to investigate missing or murdered persons

cases in Indian Country as defined under United States Code 1151. Upon request, the MMU can

provide investigative assistance and resources to assist other law enforcement authorities,

regardless of Indian land status. The development of task forces for cases involving Tribal

members is a priority for the MMU, and establishing memoranda of understanding and cross

commission efforts with authorities involved are a common practice of the MMU.

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Chapter 6: Other Necessary Legislative & Administrative Changes

Subcommittee 6 Charge and Priority Areas

Following is an excerpt from the final report describing the work of Subcommittee 6:

The Not Invisible Act charged the Commission with developing recommendations for

“legislative and administrative changes necessary to use programs, properties, or other

resources funded or operated by the Department of the Interior and Department of

Justice to combat the crisis of missing or murdered Indians and human trafficking on

Indian lands and of Indians.” The overriding purpose of this section of the Act is to

identify any issues not cahptured in the previously discussed categories. Subcommittee 6

was created to focus on this section of the Commission’s mandate, as well as to address

overarching recommendations like funding and jurisdictional reforms.

Given this broad charge, the Subcommittee 6 chose to address their priority areas in each of

their findings.

COMMISSION FINDING C: Federal funding for criminal justice and victim services as it is

currently administered is wholly unsuitable to address the MMIP and HT crisis. The reliance

on unreliable, discretionary funding streams undermines Tribes’ ability to prevent and

respond to MMIP and HT and meet the needs of victims.

Commission Recommendation C1: To bring much needed stability, funding for Tribal

governments must be made mandatory rather than discretionary and should transition away

from competitive grants in favor of more flexible, and reliable formula funding. Competing with

other Tribes for MMIP and HT (public safety and needed justice infrastructure) grant funds does

not align with Tribal values of sharing available resources. The administration of Tribal funds by

the Office for Victims of Crime is one model of how a previously competitive grant program can

be made more equitable and accessible.

Response: The Departments look forward to working with Tribes to further discuss their

funding models. With respect to the U.S. Department of the Interior’s (DOI) funding, DOI agrees

with the importance of providing stable and predictable funding sources for Tribal programs,

including law enforcement, and will work with DOI’s Tribal-Interior Budget Council (TIBC). The

President’s fiscal year (FY) 2024 budget included proposals for Congressional action to

redesignate Contract Support Costs and 105(l) Tribal lease funding from discretionary to

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mandatory funding. Providing mandatory funding for these programs—both of which support

law enforcement priorities—would benefit public safety and justice programs.

Regarding additional actions, on December 6, 2023, President Biden signed Executive Order

(EO) 14112, Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our

Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, as part of the

2023 White House Tribal Nations Summit. Pursuant to this order, the Executive Branch is

required to identify chronic shortfalls in federal funding and support programs for Tribal

Nations, including those related to public safety, and make recommendations to the President.

It also advances Tribal sovereignty by requiring federal agencies to affirmatively ensure that

federal funding for Tribes is accessible, flexible, and equitable.

With respect to the U.S. Department of Justice’s (DOJ) funding, as noted in the response to

Recommendation A1 in Chapter 5, DOJ had an in-depth discussion about DOJ’s public safety

funding with the Attorney General’s Tribal Nations Leadership Council in October 2023, and at

the direction of the Attorney General, DOJ is reviewing current funding authorities and policies

to identify further improvements the Department can make to better provide public safety

funding. As noted earlier, DOJ’s grants and programs are an important aspect of the

Department’s public safety partnership with Tribes and are designed to support Tribes in

building capacity and developing new capabilities in their public safety programs. DOJ’s grant

funding is not currently designed to be a replacement for base funding, but DOJ understands

that Tribes have increasingly needed to use grants to supplement base funding.

Commission Recommendation C2: Over the next 12 months, OMB, DOJ, and DOI must hold

meaningful and robust combined consultation with Tribes and Alaska Native Villages regarding

where and how public safety funds should be administered, including the role of DOJ, DOI/BIA,

and HHS. Included in this consultation should be:

• An examination of promising practices including BIA’s Tiwahe initiative and OVC’s reforms to

the distribution of Tribal Crime Victim Services program;

• Exploration of self-governance compacting/contracting authority for DOJ and HHS programs

in addition to IHS;

• Options for bundling Tribal funding streams similar to the 477-program authority for

workforce development; and

• What changes to organizational structure need to be made at the relevant agencies.

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The consultation must result in a concrete proposal that can be included in the President’s

Budget Request for FY 2026. If DOJ and DOI fail to initiate such a consultation, Congress must

enact legislation requiring them to do so.

As discussed above, the Commission believes strongly that the federal funding process for

public safety and justice matters in Tribal communities needs to be overhauled. Incremental

changes and improvements within the existing system are unlikely to bring about the

transformative change that is needed. We understand, however, that mustering the political will

for the type of change we envision is not always quick or easy. Therefore, we have also

developed a series of recommendations for improvements that could and should be made

within the existing funding framework to begin addressing disparities and inefficiencies. To be

clear, we do not think the recommendations below will be sufficient to truly address the MMIP

and HT crisis, and we hope that the Administration takes seriously our proposal to consult on

large-scale reforms to the way Tribal criminal justice and public safety programs are funded. At

the same time, however, the current funding situation is untenable. The important

recommendations outlined below, many of which are compatible with the larger-scale funding

reform we envision, should be implemented without delay.

Response: DOI and DOJ welcome the recommendation to jointly consult on these funding

issues. DOJ has begun discussions on funding issues internally and with the Attorney General’s

Tribal Nations Leadership Council—the Department’s Tribal advisory group—in advance of

broader consultation.

DOI’s Bureau of Indian Affairs (BIA) conducts at least three consultations a year on budget

priorities and other key budget issues through the TIBC. This input is a critical component to the

development of annual appropriations requests to Congress. In addition, TIBC has a Public

Safety and Justice Subcommittee which focuses on program budgets for missing or murdered

Indigenous persons (MMIP) and other public safety topics.

BIA’s Tiwahe Program reported on the efficacy and success of the program to Congress in 2021.

The Tiwahe Program shows that when Tribes are adequately funded and given the flexibility to

design programs that are culturally and traditionally rooted, Tribes are capable of drastically

improving individual, family, and community well-being. The Tiwahe Program Congressional

report provides information that other agencies as well as outside stakeholders can use to

implement similar approaches to support Tribal self-determination.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

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COMMISSION FINDING D: Federal grants as they are currently structured and administered are

inefficient, lack coordination among agencies, and often are either inaccessible or ineffective.

Commission Recommendation D2: The Administration must create an inventory and single

clearinghouse of information regarding MMIP and HT (public safety and needed infrastructure)

grants and other kinds of funding, including state pass throughs, across all federal agencies.

There should be an analysis of the gaps and disjunctions among grant programs in the creation

of the inventory. The inventory, preferably available through an easily searchable single portal,

will provide clarity as to the range of MMIP and HT (public safety and needed infrastructure)

grant programs available to whom, under what conditions, at what amounts, for what

purposes, including those for law enforcement. One goal of the analysis called for is to highlight

the multiple grant platforms, reporting requirements, restrictions, audit processes and other

grant program requirements that make grant management inconsistent among agencies and

difficult for Tribes, especially the smaller ones who have limited resources and really depend on

grant programs, to apply for and manage. The Not Invisible Act stipulates in Section 3 that the

Secretary of the Interior will designate an MMIP Coordinator within the BIA, Office of Justice

Services who will coordinate grants addressing MMIP and HT across federal agencies. The

Commission recommends that the clearing house described above falls within the purview of

this Coordinator, and that the outcomes of that grant coordination be included in the annual

report to Congress also required by the Act.

Response: The Commission’s recommendations submitted to Congress, DOI, and DOJ on

November 1, 2023, satisfied a statutory requirement under Section 4 of the Not Invisible Act.

Separately, Section 3 of the Act requires a “Section 3 NIA Coordinator” to coordinate a report

on prevention efforts, grants, and programs related to MMIP issues across federal agencies.

Because the Act’s statutory language under Section 3 does not include the establishment of a

federal clearinghouse, the creation of a separate portal and analysis for its establishment would

fall outside the Act’s requirements. The current language identified in Section 3 (a)(3) highlights

the efforts, grants, and programs that provide victim-centered and culturally relevant training

on how to identify, respond to, and report MMIP and human trafficking (HT). The establishment

of a new clearinghouse would first require identifying the costs to operate, maintain, update,

and build upon the portal. However, DOI and DOJ will review the Commission’s request to

determine whether the extension of the existing duties is feasible and whether existing federal

appropriations could support this new request.

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We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation D4: Federal agencies must redesign grant programs for small

Tribes and Alaska Native Villages so that the application process timeline is longer, can be

completed on paper and does not require access to various e-portals, does not require monthly

or quarterly reporting, is simple in language, recognizes limits of “modern” communication in

remote areas in Alaska and in the lower-48, and includes Tribal liaisons to assist with various

program applications. Grant systems that require internet connectivity may make grant

opportunities inaccessible in rural areas, including Alaska, where some Tribes are still relying on

fax for communications.

Response: DOJ is cognizant of the difficulties that small and remote Tribes may have in applying

for and reporting on grant funding and is committed to working with Tribes to make

appropriate and permissible improvements to these processes. Included below is a compilation

of ongoing efforts related to this recommendation.

The Office of Justice Programs (OJP), via the Office for Victims of Crime (OVC), consulted with

Tribal Leaders on January 17–18, 2024, on the administration of the Tribal Victim Services Set-

Aside (TVSSA) from the Crime Victims Fund. OJP/OVC hopes to gather input from small Tribes

and Alaska Native Villages about how the TVSSA application process could be modified to be

more responsive to their needs during the Consultation.

In 2023, OJP/OVC piloted a new approach to alleviate the struggle some remotely located

Tribes have experienced with the human and technological resources required to submit grant

applications through government systems. This pilot was implemented in direct response to

requests from Alaska Native Villages for in-person support with grant applications. Grant

managers from the Tribal Division deployed to Alaska to meet with Alaska Village grant

applicants to assist with such tasks as creating program designs and project budgeting. This

pilot involved 4 Tribal Division staff spending a combined 32 days on the ground in Alaska,

meeting with 25 grantees in 4 cities to provide hands-on technical assistance.

The Coordinated Tribal Assistance Solicitation (CTAS) is open for approximately 90 days each

year, longer than the typical 60-day open solicitation period. The CTAS team reviews feedback

from the annual Coordinated Tribal Assistance Solicitation Assessment, applicant webinar

feedback evaluations, Tribal listening sessions, Tribal consultations, and grant applicants’ senior

leadership and administration officials to guide the development of future CTAS solicitations. As

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also discussed earlier in the response to Recommendation G1 (Chapter 3), specific efforts to

reduce barriers have included:

• Streamlined application questions, provided user-friendly templates, provided sample

templates (i.e., templates that include a timeline), and provided successful application

materials packet examples.

• Reduced and consolidated questions on application-required documents, provided

templates in Microsoft Word to help applicants enter text, reduced required documents

for the CTAS solicitation (three documents to pass Basic Minimum Review), and

provided all application materials on the DOJ Tribal Justice and Safety website and the

respective DOJ/CTAS component websites. This includes demographic questions or

other survey questions that are completed in JustGrants. Applicants can preview the

questions prior to entering JustGrants.

• Eliminated the “Tribal Authority to Apply” document as a required document, except in

the case of a Tribal designee that is applying on behalf of a Tribe in those Purpose Areas

that allow it or for Tribal consortiums of two or more Tribes.

• Provided an application checklist within the solicitation itself to help applicants. All

solicitation materials are also online. Additionally, CTAS has a frequently asked

questions document that is updated throughout the application season, and individual

Purpose Area fact sheets that provide a quick snapshot of the Purpose Area.

• CTAS hosts more than 10 applicant webinars during the solicitation open period,

including specific Purpose Area webinars, a JustGrants webinar, an Alaska and other

rural communities webinar, a budget webinar, and an Overview and Final “office hours”

Q&A webinar.

• A CTAS-specific JustGrants applicant webinar was created for the applicant webinar

season.

• CTAS also provided an applicant webinar targeting specifically Alaska and other rural

communities on how to apply for the CTAS solicitation in JustGrants.

• CTAS hosts accessing grants workshops (specifically inviting unsuccessful applicants).

These workshops provide an overview of the solicitation, including the mechanics of

formatting a grant narrative and addressing all of the application components, creating

a budget, and common mistakes to avoid when writing CTAS applications.

DOJ also has a policy for extenuating technical issues beyond the control of the applicant that

prevent the applicant from submitting an application through Grants.gov or JustGrants. The

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manual, “paper” application process allows the applicant to email the attachments and

undergo the review steps outside of the systems. For any paper applications approved for

funding, DOJ then works with the applicant to initiate an application in the systems for

awarding purposes. For any non-funded paper applications, the attachments and supporting

documentation are uploaded into JustGrants by an internal user.

The Office on Violence Against Women (OVW) consults annually with Tribes as required by the

Violence Against Women Act (VAWA) and has redesigned Tribal-specific grant programs in

response to recommendations from Tribal leaders. Several of these changes accommodate the

needs of small Tribes and Alaska Native Villages as described in this recommendation, such as

keeping solicitations open longer and creating a simplified application for new applicants with

specialized technical assistance to help them develop and implement their projects. In addition

to pre-application information sessions available for all OVW programs, OVW’s Tribal Affairs

Division (TAD) has instituted weekly office hours while the Tribal Governments Program

solicitation is open during which current and potential grantees can speak directly with staff

about the application process. TAD also began offering a one-day workshop in FY 2023 for

Tribes not currently receiving OVW funding, in conjunction with a three-day summit of training

and technical assistance (TTA) for Tribes that non-grantees also may attend on how to plan a

fundable project under OVW’s Tribal-specific programs. Finally, all OVW solicitations allow

submission of applications outside of the Grants.gov and JustGrants systems in cases of

technical difficulties beyond the applicant’s control, as described above.

Regarding administration of grants, OVW does not require monthly reporting under any grant

programs; performance reports must be submitted every six months, and financial reports are

quarterly, in keeping with DOJ-wide policy. OVW’s TAD offers a Project Implementation

Workshop for Tribal grantees, begun in Alaska in 2017 and recently expanded to the lower 48,

where grantees receive hands-on assistance from OVW staff and technical assistance providers

with both programmatic and financial management of their grants. OVW also has increased

staffing across its divisions to provide better customer service to all grantees, including Tribal

and smaller or remotely located grantees. TAD has grown from four to 14 staff members and

now has two staff members located in Alaska to address the challenges described in this

recommendation. OVW continues to develop new approaches such as those described here to

make it easier for Tribes and Tribal organizations to access and administer grant funding.

Regarding additional actions, on December 6, 2023, President Biden signed Executive Order

(EO) 14112, Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our

Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, as part of the

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2023 White House Tribal Nations Summit. Consistent with this order, DOJ will continue to solicit

and review feedback each year in an effort to continue improving DOJ’s grant models.

We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation D5: For programs where this flexibility does not already exist,

Tribal grant funding must be appropriated as “no year” money so that the administering

agencies have the flexibility to engage in consultation, as necessary, and design application

timelines that make sense for Tribal communities. DOJ and DOI should develop a list of Tribal

programs that would benefit from being appropriated as “no-year” money.

Response: DOI’s Indian Affairs has a number limited grant or competitive award programs, but

there are no public safety and justice-related grant programs at the BIA. The majority of BIA

funding is awarded through ISDEAA, P.L. 93-638 contracts and compacts. All of the grant and

competitive award programs included in BIA’s Operations of Indian Programs account and BIE’s

Operations of Indian Education Programs account—both of which are two-year funding, A list

of the Indian Affairs grant and competitive award programs can be provided to the

Commission.

Most DOJ grant-specific appropriations are “no-year” money except for funding appropriated

under the Crime Victims Fund which includes the OJP/OVC TVSSA program. For example, OVW

appropriations are “no-year” funds, meaning that they do not expire, which allows OVW to

offer extended application and implementation timelines to all grantees that need it, including

Tribal grantees.

Commission Recommendation D6: The Attorney General and Secretary of the Interior must

adopt policies to ensure that Congressionally mandated recissions are not applied to Tribal

funding streams.

Response: Federal agencies cannot unilaterally exempt funding from Congressionally mandated

recissions. The Departments continue to strongly advocate for resources to support the needs

of state, local, and Tribal jurisdictions. The President’s FY 2024 Budget includes a Tribal Set-

Aside of up to 5% from the Crime Victims Fund obligation limit. The percentage available from

this Set-Aside is not affected by recissions.

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Commission Recommendation D7: To increase transparency, the BIA must develop and

circulate widely a document explaining its base funding allocation, how Tribes’ needs are

assessed by the BIA, the allocation formula, how such monies are in actuality spent in Indian

country, and how specifically the funding falls short of projected needs, including in jurisdictions

where PL-280 or similar laws confer jurisdiction on the states. In addition, the DOI should audit

the BIA/OJS to obtain an accurate assessment of their compliance with funding appropriations

and should make those audit findings public.

Response: To highlight DOI’s transparency in the allocation of BIA funding, the bia.gov public

website has links to Indian Affairs Manual attachments that describe funding distribution

methodologies for all BIA programs that distribute funding to Tribes: (26 IAM 3) Public Safety &

Justice Distribution Templates. The linked documents contain narrative descriptions of each

distribution methodology with eligibility criteria. Additionally, DOI’s annual budget justification

to the Congress lists base funding amounts per Tribe or location annually for the law

enforcement and corrections programs in the U.S. Department of the Interior BIA FY 2024

Budget Justifications (“Greenbook” appendices 1, 5, and 6).

Similarly, required by the Tribal Law and Order Act (TLOA), DOI’s annual Report to the Congress

on Spending, Staffing, and Estimated Funding Costs for Public Safety and Justice Programs in

Indian Country also provides an explanation of DOI’s funding allocation methodology. Other

components of the report identify estimated public safety program funding and personnel

needs throughout Indian Country, including P.L. 280 states, along with how those needs are

estimated, as well as actual appropriated funding spent by the BIA for comparison.

Commission Recommendation D8: Recognizing that numerous Federal programs support

overall criminal justice system functions and facilities (including construction of courts and jails;

operation of programs serving victims, youth, and formerly incarcerated individuals; funding for

law enforcement, criminal defense, prosecution, and courts), appropriate and sufficient portions

of these funds must be set aside for Tribal governments and Alaska Native Villages. Where

statutory set-asides do not exist, they must be created by the Administration so that Tribes do

not have to compete with state and local jurisdictions for funding. Furthermore, to the extent

funds are made available for construction, staffing funding must be made available

commensurate with construction so that facilities do not sit empty or unused due to insufficient

operational funds. Details on how to better administer these capital funds should involve

consultation with Tribes on how such funds are directed toward Tribal communities, what

formulas are used, and how such programs can be improved.

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Response: While it is not possible for all Department-administered funds, DOJ has established

numerous set-asides for Tribes within grant programs. For instance, OJP, via the Bureau of

Justice Assistance (BJA), continues to provide funding through its Tribal Justice Systems, Tribal

Justice System Infrastructure, and Tribal Systems Strategic Planning programs to federally

recognized Tribes to engage in comprehensive, justice system-wide strategic planning to

improve Tribal justice and safety; develop, support, and enhance adult Tribal justice systems

and prevent crime, including violent crime and crime related to opioid, alcohol, stimulant, and

other substance use disorders; and strengthen Tribal justice system capacity by addressing

physical infrastructure needs.

For several OJP/BJA programs that do not have statutory set-asides for Tribes, OJP/BJA provides

Tribal-specific application webinars, application peer reviewers with Tribal justice experience,

and Tribal-specific training and technical assistance to support program implementation efforts.

In previous years, some OJP/BJA programs that did not have statutory set-asides for Tribes

included a separate application category for Tribes. However, these separate categories were

discontinued due to low or nonexistent participation from Tribes. OJP/BJA is concerned about

the low Tribal participation in non-Tribal specific programs. In response, BJA will be examining

ways to improve access to OJP/BJA funding sources for Tribes.

The BIA provides limited base-level funding to support Tribal programs. Given the limited

availability of base-level funding, OJP/BJA requires that Tribal Justice System Infrastructure

Program (TSIP) applicants provide assurances that there are existing resources to support

facility operations and staffing for proposed infrastructure projects. If funding for the new staff

members is not in place at the time of application submission, the Tribe must provide a Tribal

resolution or legal equivalent indicating the source of funding that will be used to support the

new staff members and the time frame for when the Tribe expects to have funding in place to

support the new staff members. If Tribes rely on federal funding (i.e., BIA, OJP/BJA, etc.) to

meet current facility staffing, operations, and maintenance needs, they are required to discuss

the nature and type of funding received to support facility operational needs.

As a result of required assurances and program policies pertaining to operational needs, all TSIP

projects using funds awarded by OJP/BJA since 2009 have demonstrated the ability to support

facility operational needs. OJP/BJA has not awarded any projects that have remained unused

due to insufficient operational funds since 2009.

OVW’s TGP is funded through set asides from other OVW grant programs; however, these grant

funds cannot be used for construction.

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We note that this recommendation is also directed at departments other than DOI and DOJ.

Other departments may have additional feedback to provide under separate cover with respect

to this recommendation.

Commission Recommendation D9: Grant programs, if used as a funding mechanism for Tribal

justice matters, must have indefinite project periods so that they can be used to build

sustainable infrastructure.

Response: DOJ is limited in its ability to create indefinite project periods as the

recommendation suggests but takes seriously the need to provide grants on a timeline that

allows for effective implementation. OJP/OVC will include this topic in a listening session in

2024 to gather input from Tribes about what length of project periods would work best for

their purposes, and how best to monitor an award over an extended period. OVW generally

offers five-year project periods for Tribal-specific programs (in some cases as three-year initial

awards with the possibility of two additional years of noncompetitive funding), as well as

assistance with project implementation as described in response to Recommendation D4 and

no-cost extensions for grantees that need additional time to meet the goals and objectives of

their awards. OVW will also continue to seek feedback from Tribes, though both formal

consultation and informal communication with grantees, on whether these and other

improvements to grants administration are meeting their needs.

The majority of DOI’s Indian Affairs Public Safety related funding for Tribes is awarded through

the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), P.L. 93-638

contracts, and compacts. ISDEAA allows flexibility for Tribes and federal awarding officials to

negotiate terms and timelines as may be appropriate to accommodate completion of projects

and programs. ISDEAA also authorizes funds awarded under ISDEAA to be valid until expended

and thereby granting flexibility for programs and projects with timelines that may need to be

extended.

Commission Recommendation D10: Grant programs related to addressing MMIP and HT must

permit the use of funding for critical infrastructure (e.g., LE, courts, victim services, and

prevention efforts) that are inherent in serving victims. Restrictions, such as those in the Victims

of Crime Act (VOCA), for example, are a poor fit for the needs of Tribal communities and create

an artificial distinction between justice system infrastructure and victim services. A victim does

not receive full services if there is no mechanism for holding the perpetrator accountable, or no

one to answer the phone when she calls 911.

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Specifically, we recommend that the appropriations language that creates the VOCA Tribal set-

aside be changed to read “5 percent shall be available to the Office for Victims of Crime for

grants to Indian Tribes to improve justice system infrastructure and victim services, including

but not limited to intergenerational and historical trauma.”

Response: As this recommendation recognizes, expanding allowable uses of TVSSA funding

beyond expenses associated with victim services would require a change to the language of the

Victims of Crime Act. OVW’s Tribal Governments Program (TGP), by statute, allows funds to be

used for law enforcement courts, victim services, and prevention efforts, but funds must be

used to address domestic violence, dating violence, sexual assault, stalking, and sex trafficking.

OVW’s Special Tribal Criminal Jurisdiction Grant Program (Tribal Jurisdiction Program) and new

Tribal Reimbursement Program may be used for implementation of criminal jurisdiction over

non-Indians who commit covered crimes, which include obstruction of justice, assault of Tribal

justice personnel, and child violence in addition to those listed above. Although OVW funds

cannot be used for construction, both TGP and the Tribal Jurisdiction Grant Program allow

funds to be used for minor renovations to repurpose an existing facility for an allowable

purpose under these grant programs.

Commission Recommendation D11: OVC and OVW must develop a plan to assist Tribes in more

strategically making use of VOCA and VAWA grants to support needs related to criminal justice

and victim services.

Response: In 2024, OVW and OJP/OVC will collaborate on a joint outreach and education effort

for Tribal applicants to describe options for structuring their grant project designs and

budgeting to allow OVW and OJP/OVC funds to complement and leverage each other for better

outcomes.

Commission Recommendation D12: DOI and DOJ must ensure that grants for victim services

programs serving American Indians and Alaska Natives go to Tribal governments or community-

based Tribal organizations that have demonstrated cultural competency, are Native-led, and

have the trust and confidence of community members.

Response: DOI’s Indian Affairs funding is only awarded to federally recognized Tribes and Tribal

Organizations. Due to nature of how BIA’s Office of Justice Services (OJS) funding

appropriations work, BIA/OJS does not administer any grant programs.

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However, many DOJ grant programs are limited to federally recognized Tribes or Tribal

organizations. For example, only federally recognized Tribes or their designees are eligible for

funds under the TVSSA. For other OJP/OVC grant programs, applicants proposing to serve Tribal

populations are required to submit Tribal Resolutions or legal equivalents to ensure the Tribes

involved are supportive of the application. Only federally recognized Tribes, Tribal

organizations, and Tribal designees are eligible for OVW’s Tribal-specific grant programs.

Commission Recommendation D13: DOJ and DOI must increase grantmaking for creating and

maintaining TCRPs and additional grants to fund the needs identified in those plans. Congress

should appropriate additional funds for these purposes as needed.

Response: DOJ offers numerous grant programs that can support the creation and maintenance

of Tribal Community Response Plans (TCRPs) and the needs identified in those plans. The grant

programs are all included in the Directory of Department of Justice Tribal Grants. DOJ created

this directory of grant resources to support the President’s charge in Executive Order 14053,

Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of

Missing or Murdered Indigenous People, to make “grantmaking more equitable for Tribal

applicants seeking support for law enforcement purposes and for the provision of services to

victims and survivors.” Administered by the Office of Community Oriented Policing Services

(COPS Office), OJP, and OVW, the initiatives described below include discretionary and formula

grant programs for which Tribes are eligible. They support a range of effective criminal justice,

prevention, intervention, reentry, and victim services activities. Funding opportunities can be

found on Grants.gov and are announced as they become available on the OJP, OVW, and COPS

Office websites.

For example, under CTAS, DOJ offers funding through Purpose Area 1: Public Safety and

Community Policing that can support the development and implementation of the law

enforcement portions of TCRPs. Purpose Area 1 is designed to expand the implementation of

community policing and meet the most pressing needs of law enforcement in Tribal Nations

through a broadened comprehensive program. The funding can be used to hire or rehire full-

time career law enforcement officers and village public safety officers as well as procure basic

equipment and training to assist in the initiation or enhancement of Tribal community policing

efforts.

For the victim services portions of TCRPs, DOJ offers funding through OJP/OVC’s TVSSA. Funds

may be used for any purpose related to serving victims of crime: community needs assessment

and strategic planning, victim service programs, community outreach and education, and other

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activities needed to address the needs of a wide variety of crime victims in Tribal communities,

including MMIP. More information is available at https://ovc.ojp.gov/program/tribal/overview.

In addition to grant opportunities, DOJ developed the Guide to Developing a Tribal Community

Response Plan for Missing Person Cases. The Guide provides a set of guidance documents for

Tribal governments and United States Attorney’s Offices (USAOs) working with other partners

to develop a Tribal community response plan to respond to missing person cases that are

tailored to the specific needs, resources, and culture of a specific Tribal community. The Guide,

existing TCRPs, and other information about TCRPs is available on DOJ’s TCRP webpage.

In FY 2023, the COPS Office funded a project with the National Criminal Justice Training Center

(NCJTC) to support community-led TCRPs to address missing Indigenous persons cases. The

project includes: 1) developing and implementing a training and technical assistance strategy to

assist Tribal law enforcement in creating and implementing TCRPs to address MMIP cases

working with the appropriate Tribal and national partners; 2) assisting agencies in developing

and improving law enforcement policies and procedures related to MMIP cases; 3) delivering

training and technical assistance to Tribal and non-Tribal law enforcement agencies to facilitate

the implementation of TCRPs; 4) collaborating with the America's Missing: Broadcast

Emergency Response (AMBER) Alert training and technical assistance program and other DOJ

training and technical assistance programs to compliment any community efforts under way

with implementation, bridging resources and connections, and incorporating training

curriculum as appropriate; and 5) ensuring widespread dissemination of tools and materials to

aid in the development of TCRPs.

Finally, DOJ commits to implement and administer any appropriations that are enacted for

creating and maintaining TCRPs and the needs identified in those plans.

DOI supports DOJ’s efforts in administering TCRP development and implementation. DOI does

not administer grants nor provide technical assistance in the development and implementation

of TCRPs.

COMMISSION FINDING H: A lack of coordination and oversight contributes to the insufficiency

and ineffectiveness of the federal government’s response to the MMIP and HT crisis. When

federal agencies fail to coordinate, Tribes lose.

Commission Recommendation H1: The federal government must declare a Decade of Action

and Healing dedicated to addressing the MMIP and HT crisis effectively. This Decade of Action

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and Healing should involve partnership with Tribal communities, Tribal governments, and

relevant organizations, focusing on improving safety, justice, prevention, support services, and

healing for AI/AN communities through increased funding, policy reform, action-oriented

programs, and training and technical assistance.

Response: DOI and DOJ acknowledge the Commission’s overriding request in its

recommendations for the federal government to declare a “Decade of Action and Healing”

dedicated to addressing the MMIP and HT crisis and other historic traumas at the national level.

The Departments support ongoing partnership between the federal government, Tribal

communities, Tribal governments, and relevant organizations, especially those focused on

improving safety, justice, prevention, support services, and healing for American Indian/Alaska

Native (AI/AN) communities.

The Departments continue to address the historical traumas endured by AI/AN people over the

country’s history. However, the agencies lack the authority to unilaterally make this

designation, and thus defer to the White House on convening a broader Administration

discussion on a federal government-wide designation of a Decade of Action and Healing. DOJ

commits to marshalling its resources to confront the MMIP and HT crisis that has devastated

the lives of victims, their families, and entire Tribal communities. Addressing this crisis requires

a whole-of-government approach, and DOJ is grateful for the partnership of Tribal and other

law enforcement agencies across the nation that are working alongside DOJ and other federal

agencies to help reduce crime and support AI/AN victims and communities. Acknowledging the

many AI/AN people who have suffered, and continue to suffer, from the pain of a missing loved

one or of violent crime serves as an important reminder of the urgency and importance of

DOJ’s work. DOJ remains steadfast in its pledge now and in the future to work as partners with

Tribal governments in preventing and responding to the violence that has disproportionately

harmed Tribal communities. The Departments collectively pledge to continue action in service

of AI/AN communities and individuals and to uphold trust and treaty obligations to advance the

goal of healing.

We note that other federal departments may have additional feedback to provide under

separate cover with respect to this recommendation.

Commission Recommendation H2: DOI and DOJ must arrange an opportunity for members of

the NIAC to meet with the Secretary’s Tribal Advisory Committee (STAC) at DOI and the Tribal

Nations Leadership Council (TNLC) at DOJ to brief them on the NIAC’s recommendations within

three months of this Report’s submittal.

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Response: The Attorney General’s Tribal Nations Leadership Council (TNLC), established in

2010, is comprised of a group of Tribal leaders selected by Tribal governments from each of

twelve regions across the country. The TNLC is charged with providing the Attorney General

with advice and perspective on emergent and ongoing issues facing Indian Country as well as

providing feedback on DOJ activities in support of Tribes in each region. DOJ convened an in-

person meeting of the TNLC in October 2023, where members of the TNLC had the opportunity

to meet with the Attorney General, Deputy Attorney General, Associate Attorney General, and

leadership from many of DOJ’s components whose work intersects with Indian county. Public

safety, law enforcement, funding and resources, and DOJ’s response to the MMIP crisis were

top line items discussed during the meeting.

Regarding DOI, the Interior’s first Secretary's Tribal Advisory Committee (STAC) was established

under Secretary Deb Haaland in 2022 in furtherance of our government-to-government

relationship with the 574 federally recognized Tribal Nations in the United States. Since the

Department’s formal establishment of STAC, it has created a permanent forum to facilitate

intergovernmental discussions between the Secretary, high-level Department officials, and

elected Tribal representatives. This effort is in furtherance of the federal trust responsibility to

advance a regular, meaningful, and consistent government-to-government relationship with

elected Tribal representatives to strengthen the Department’s efforts to share information,

exchange ideas, provide recommendations, and facilitate robust discussions and interactions

regarding intergovernmental responsibilities, administration of the Department’s programs,

and development of policies. STAC is organized by (2) appointed Tribal members from each of

the 12 Bureau of Indian Affairs (BIA) Regions: 1) Alaska Region, 2) Eastern Region, 3) Eastern

Oklahoma Region, 4) Great Plains Region, 5) Midwest Region, 6) Navajo Region, 7) Northwest

Region, 8) Pacific Region, 9) Rocky Mountain Region, 10) Southern Plains Region, 11) Southwest

Region, and 12) Western Region.

Most recently, STAC convened its last in-person meeting with the Secretary and high-level

Department leadership on December 4 and December 5, 2023, in Washington, D.C. during a

two-day meeting where it covered a variety of topics, including public safety and MMIP issues.

DOI and DOJ are committed to supporting their respective government-to-government

relationships between the TNLC and STAC, respectively. Both the TNLC and STAC, as groups of

Tribal Leaders established by charters, are the entities responsible for deciding whether they

would like a briefing from members of the Commission. DOI and DOJ are available to assist and

facilitate should the TNLC and/or STAC request such a meeting.

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Commission Recommendation H3: In addition to the initial agency response to this

Commission’s report within 90 days, DOI and DOJ must provide annually, a publicly available

and disseminated update to the STAC and TNLC on actions taken and not taken regarding

progress toward implementation of the Commission’s recommendations, including specifically

the total number of Commission recommendations that have been met, partially met, or not

met.

Response: DOI and DOJ regularly provide their respective TNLC and STAC leadership with

updates on Department activities that impact Tribes, including on the Departments’ response

to the crisis and public safety as well as legislative, litigation, funding, and programmatic

updates. DOI and DOJ are currently assessing how best to track implementation of the

Commission’s recommendations going forward and appreciate the recommendation to engage

with the TNLC and STAC specifically on these efforts.

Commission Recommendation H5: The Secretary of the Interior must provide adequate staffing

resources to fulfill the responsibilities outlined in Sec. 3(a) of the Not Invisible Act. While the Act

requires the Secretary to designate an official within the BIA Office of Justice Services who shall

coordinate prevention efforts, grants, and programs related to MMIP and HT across federal

agencies, the Commission believes that one full-time employee is not sufficient to carry out the

requirements specified in the Act.

Response: As noted in the response to Recommendation D2 (Chapter 6), the Commission’s

recommendations submitted on November 1, 2023, were statutorily mandated under Section 4

of the Act. However, this recommendation references the Act’s Section 3 requirements, which

are distinct and fall outside of the Section 4 requirements. Section 3 requires a “Section 3 NIA

Coordinator” to compile a separate Section 3 federal report on prevention efforts, grants, and

programs related to MMIP issues across federal agencies. The Commission’s request identifies

additional duties that would expand the existing statutorily mandated “Section 3 Coordinator”

duties under the Act. The Departments will need to assess whether extension of the existing

Section 3 duties is feasible.

Commission Recommendation H6: DOJ must designate a point person for Tribal matters in

either the Attorney General or Deputy Attorney General’s Office who has experience working

on justice issues with Tribal nations. Relying on components with no formal authority to

coordinate across an agency with a hierarchical culture has not historically worked. When DOJ

has made significant strides in improving its work with Tribal communities, it has been because

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the political leadership has prioritized the issue and have assigned staff in their offices, with

experience working with Tribal nations, to work with the Office of Tribal Justice and other key

components to get things done across DOJ.

Response: DOJ’s Office of Tribal Justice (OTJ) was initially formed in 1995 in response to similar

requests from Tribal leaders for a dedicated point of contact for Indian Country-specific legal

and policy matters. OTJ leadership continues to serve as DOJ’s “point person” for Tribal

matters. The office was made permanent on July 29, 2010, with the passage of the Tribal Law

and Order Act (TLOA).

OTJ’s responsibilities are established in 28 CFR 0.134 Subpart W-1 and

include the following:

1. Serve as the program and legal policy advisor to the Attorney General with respect to

the treaty and trust relationship between the United States and Indian Tribes;

2. Serve as the Department’s initial and ongoing point of contact, and as the Department’s

principal liaison, for Federally recognized Tribal governments and Tribal organizations;

3. Coordinate the Department’s activities, policies, and positions relating to Indian Tribes,

including the treaty and trust relationship between the United States and Indian Tribes;

4. Ensure that the Department and its components work with Indian Tribes on a

government-to-government basis;

5. Collaborate with Federal and other government agencies to promote consistent,

informed government-wide policies, operations, and initiatives related to Indian Tribes;

and

6. Serve as a clearinghouse for coordination among the various components of the

Department on Federal Indian law issues, and with other Federal agencies on the

development of policy or Federal litigation positions involving Indians and Indian Tribes;

etc.

OTJ will continue to serve in this capacity, coordinating directly with DOJ leadership offices,

component leadership, and other agencies as necessary. DOJ leadership offices also commit to

continue frequent and direct engagement with OTJ and to ensure specific attention to Tribal

matters.

25 U.S.C. § 3665a (2010).

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Commission Recommendation H7: Congress must create in statute a new Assistant Attorney

General for AI/AN Affairs tasked with public safety for AI/AN. This position will answer to the

Deputy Attorney General and will have the following broad responsibilities:

• Serve as an ombudsman for AI/AN MMIP families and victims desiring information about

the status of the investigation and or prosecution of their case;

• Have oversight responsibility for the recruitment, training, assignment and performance of

DOJ personnel, including FBI and U.S. Attorneys Offices, serving AI/AN communities;

• Have oversight over the DOJ Civil Rights Division regarding complaints by AI/AN MMIP

families and victims regarding alleged civil rights violations by municipal, county and state

officials during investigations (or lack of Investigations) of MMIP cases under state, county,

or municipal jurisdiction. If these investigations result in findings of civil rights violations, the

AAG, where allowed by law, may direct that at a minimum all DOJ funding may be

withdrawn from the offending jurisdiction and may result in prosecution; and

• Monitoring implementation of Savanna’s Act and other relevant legislation across the

Department.

Response: This recommendation requires action by Congress, but DOJ provides the following

additional information. As to the recommendation that this Assistant Attorney General (AAG)

be “an ombudsman for AI/AN MMIP families and victims desiring information about the status

of the investigation and or prosecution of their case,” DOJ has an existing Office of the Victims’

Rights Ombuds to address alleged violations of crime victims’ rights, including rights to

notification regarding relevant developments in investigations and prosecutions. As to the

recommendation to create a new AAG to “have oversight over the DOJ Civil Rights Division

regarding complaints by AI/AN MMIP families and victims regarding alleged civil rights

violations by municipal, county and state officials during investigations (or lack of

Investigations) of MMIP cases under state, county, or municipal jurisdiction,” the Civil Rights

Division AAG already has oversight over the Civil Rights Division regarding such complaints. The

AAG and Office of Assistant Attorney General (OAAG) staff regularly engage with, and are

committed to continuing to engage with, stakeholders including Tribal communities and AI/AN

families and victims regarding the civil rights of missing, murdered, and trafficked Indigenous

persons. The Civil Rights Division’s Indian Working Group is also committed to continuing to

engage with stakeholders and working in close collaboration with the OTJ on civil rights

concerns.

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Commission Recommendation H9: When either the federal and state courts are exercising

jurisdiction over an Indian defendant for conduct on Tribal lands, they should be required: 1) to

inform the relevant Tribal government when a Tribal citizen is convicted for a crime in Indian

country and Alaska Native Villages; 2) to collaborate, if the Tribal government so chooses, in

choices involving corrections placement or community supervision; and 3) to inform the Tribal

government when that offender is slated for return to the community.

Response: With respect to federal courts, DOJ, through the USAOs, will continue to

communicate with appropriate Tribal officials when a Tribal citizen is convicted of a federal

crime in Indian Country or in an Alaska Native Village. USAOs will also notify appropriate Tribal

officials on the process for communicating placement preferences to the Federal Bureau of

Prisons (BOP) and the United States Probation Officer (USPO). The USAOs will also continue to

communicate with appropriate Tribal officials, the BOP, and the USPO on release-related

notifications.

Federal defendants are not in the custody of the BOP until sentenced. Convicted persons may

either be released to the community or committed to the custody of the United States

Marshals Service (USMS) prior to sentencing. Some pretrial detainees are housed by USMS in

BOP facilities. Whether housed with the BOP or not, the BOP is unable to communicate with

Tribal governments about the conviction status for persons not yet serving a BOP term. The U.S.

Probation and Pretrial Services Office, which is part of the judicial branch of the federal

government, may be in the best position to make such notifications.

The BOP has plenary authority under 18 U.S.C. § 3621(b) to choose the place of confinement

during an individual’s term of incarceration. This includes any time in community placement or

a residential reentry center (halfway house). In choosing the place of confinement, the BOP

relies upon the court’s presentence investigation report (PSR) prepared by the USPO.

Classification factors include distance to the individual’s home, judicial recommendations,

severity of the offense, duration of the term, and criminal history. After security classification,

designation is primarily informed by the individual’s medical needs. An appropriate opportunity

for a Tribal government to influence corrections placement or community supervision is by

offering feedback during the completion of the PSR. Outside of the PSR, there is no avenue for

the BOP to permissibly accept and weigh input from Tribal officials. Tribal governments may

coordinate directly with the USPO to ensure their input is properly reflected in the PSR. BOP will

consider such input along with other contents of the PSR, and any recommendations made by

the sentencing court.

In addition, many individuals serve a supervised release term immediately following the term of

incarceration. Persons on supervised release are no longer in the custody of the BOP and shift

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to the supervision of the USPO. As early as a year prior to release from custody, the BOP will

contact the appropriate USPO in the individual’s district of release to ensure the offender’s

smooth reentry to the community. Both agencies work with the individual being released to

secure identification documents, child support information, community medical care, drug

treatment options, mental health resources, and more. As BOP does not directly coordinate

with the Tribal government as part of reentry, USPO may be in the best position to facilitate

such contact.

Under 18 U.S.C. §§ 3563(b) and 3583(d), the sentencing court imposes supervised release

conditions per its discretion in a manner customized to the needs and circumstances of each

individual offender. The USPO manages the court’s tailored supervised release regime for each

person under its supervision. Engaging the Tribal government during the reentry stage would

fall under the USPO’s statutory authority.

In certain cases, the BOP will directly contact Tribal officials if an individual is released to home

residence that is in Indian Country. Title 18 U.S.C. § 4042(b) requires the BOP to notify state,

Tribal, and local law enforcement officials at least five calendar days prior to releasing to

supervised release, probation, or parole prisoners who have been convicted of a “drug

trafficking crime” or a “crime of violence.” Title 18 U.S.C. § 4042(c) requires that the Bureau

provide release and specified registration information to state, Tribal, and local law

enforcement and registration officials at least five calendar days prior to release of individuals

who are released from prison and required to register under the Sex Offender Registration and

Notification Act (SORNA). In the event of an immediate release for a SORNA registrant, the BOP

will immediately make the notification, no later than the next business day. When special-

notification offenders under 18 U.S.C. § 4042(b)-(c) are released to residences outside Indian

Country, the BOP will still make notifications to the chief local law enforcement official in the

release jurisdiction.

Commission Recommendation H12: Congress must authorize and fund on a recurring basis

required training for new Federal staff whose jobs require them to interact with Tribes to

complete training entitled, “Working Effectively with Tribal Governments.”

Response: While the recommendation requests that Congress must authorize and fund the

type of widespread mandatory training it calls for, the Not Invisible Act “Section 3 Coordinator”

has independently acquired the “Working Effectively with Tribal Governments” online federal

training program from the Office of Personnel Management (OPM) in FY 2020. BIA/OJS is in the

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process of finalizing the program to make it available to the public. Please see the response to

Recommendation H5 for additional information on the Act’s “Section 3 Coordinator.”

COMMISSION FINDING I: Development projects, including extractive industries, that create

“man camps” or attract outside workers on or near Tribal lands are significant contributing

factors to MMIP and HT.

Commission Recommendation I1: Federal leasing procedures must require background checks

of all workers hired to work in or near Indian country and Alaska Native Villages for protection

orders, sexual offender lists, violent crimes, and exclusion from other Tribal communities and

should alert nearby communities and Tribes of dangerous individuals.

Response: DOI supports Tribal efforts to ensure that any person working near a Native

community is safe and will not bring harm to the community. However, BIA does not have the

ability to require that those who lease land or facilities near these communities pass a

background check. Adopting this recommendation would require a change to existing statutory

law and is outside DOI’s existing legal authorities.

Commission Recommendation I2: Federal leasing procedures must require that a portion of

revenue from such leasing go to the surrounding area for public safety purposes to provide local

LE and justice agencies with funds to offset the impacts of these types of industries.

Response: While DOI understands the recommendation, the proceeds from Tribally owned or

individual Indian-owned minerals are the sole property of the lessor, and the proceeds may

only go to the lessor or the BIA as trustee for the lessor. With respect to leases issued by

Bureau of Land Management (BLM), Congress directs disposition of such revenue and would

have to change the law to authorize distribution in this manner. Adopting this recommendation

would require a change to existing statutory law and is outside DOI’s existing legal authorities.

Commission Recommendation I3: Environmental Impact Statements issued for any federal and

Tribal leases must be required to address impacts on local Tribal communities, including public

safety impacts.

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Response: DOI complies with the requirements of the National Environmental Policy Act (NEPA)

and implements its regulations, including, when appropriate, conducting an analysis of socio-

economic impacts of agency actions.

COMMISSION FINDING J: Alaska Natives are at extreme risk and have long been neglected in

efforts to improve public safety for Native people. The unique legal, historical, geographic,

and cultural context in Alaska requires tailored solutions and resources to address the MMIP

and HT crisis.

Commission Recommendation J1: DOJ and the DOI must — within one year — conduct an

equity assessment of law enforcement, court, and related governmental services for every

Alaska Tribe.

Response: An equity assessment is a complex undertaking that will require high levels of

resources and sufficient data to complete. DOJ’s OJP, via the National Institute of Justice (NIJ),

in coordination and partnership with DOI, will assess whether there are sufficient data and

resources to conduct an equity assessment of law enforcement, court, and related

governmental services for Alaska Tribes.

Commission Recommendation J2: Congress must appropriate, and DOJ/DOI must provide,

recurring base funding for Alaska Tribes to develop and sustain both civil and criminal Tribal

court systems, including but not limited to requirements tied to the Alaska pilot program

authorized in VAWA 2022, assist in the provision of LE and related services, and assist with

intergovernmental agreements. Funds must be appropriated to DOI so that Tribes may enter

into self-governance compacts to execute the new authority and funding should they wish. DOI

and DOJ must begin funding Alaska Tribes on a pilot basis (such as the 477 and Tiwahe

programs) until base funding is made permanent. Funding must include costs for public

defenders and lay advocates. Compacting is a proven method of delivering high-quality

programs and services in Indian country. One such example is Tribal healthcare in Alaska. Under

the Alaska Tribal Health Compact, Alaska’s Tribal health organizations provide nationally

recognized high-quality health care to Tribal members across the state, including in rural

Alaska. These healthcare services are delivered at the village level, sub-regional hubs, regional

hubs, and from Anchorage. Similar success can be achieved in protecting Tribal communities

and addressing the epidemic of MMIP in rural Alaska by giving Tribes equitable and flexible

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funding to design public safety services delivered both at the individual community level as well

as from regional and state-wide hubs.

Response: The Departments support additional funding for Public Safety and Justice activities in

Alaska. It is important to note that providing funding for public safety in Alaska has sometimes

been complicated by the requirements of P.L. 280, which inhibits the ability of Tribes to

respond to law enforcement events because of reliance on other state and local law

enforcement—even if the Tribes have funding on hand to increase their capacity. The

Departments support engagement and consultation among Tribes, federal agencies, Congress,

and state and local law enforcement to identify strategies to improve public safety

implementation in Alaska under current law and to explore potential reforms of P.L. 280 to

ensure the law is consistent with the current and future era of self-determination.

BIA/OJS’s Tribal Courts program currently provides funding to 196 Tribal courts under P.L. 93-

638 contracts and self-governance compacts. However, through the BIA Tribal Court

Assessment program, more than 400 Tribes have received one-time funding for Tribal court-

related positions, as well as training and technical assistance to support those courts. In Alaska,

DOI has funded more than 180 tribal courts since 2016 with one-time annual funding based on

the individual Tribe’s request and identified need.

DOJ currently provides public safety funding to Tribes in Alaska and has done so for many years.

DOJ awarded more than $127 million to Alaska Native entities and programs between 2020-

2023. Information on awards may be found on DOJ’s Tribal Justice and Safety website and on

OVW’s website. Currently, DOJ grant funding is provided by Congress as discretionary funding.

In August 2023, Attorney General Garland traveled to Galena, Alaska, where he met with Alaska

Native community leaders from several villages, and to Anchorage, Alaska, where he

participated in a roundtable with representatives of Native Tribal organizations to discuss public

safety issues in Alaskan Native Villages. In response, the Attorney General directed OTJ to work

with the Department’s grantmaking components to examine all options—including

recommending legislation to Congress—for improving funding opportunities for Alaska Native

communities to address the significant public safety challenges in Alaska. At the direction of the

Attorney General, DOJ is reviewing current funding authorities and policies to identify further

improvements the Department can make to better provide public safety funding for Alaska

Native communities, including improving access to and administration of funding, training, and

technical assistance, and convening a working group to address these issues further.

DOJ is in the process of exploring how the healthcare system that is being delivered under the

Alaska Tribal Health Compact may serve as a model for delivering public safety services and

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programs. DOJ looks forward to working with Tribes as the Department considers possible legal

reforms or programs that might enable similar success in advancing public safety.

Commission Recommendation J5: Going forward, all statutory and administrative language in

Public Safety and Justice related grant programs must expand the definition of “Indian country”

to include the definition of “Village” used in VAWA 2022. In VAWA 2022 Congress recognized

and affirmed the inherent authority of any Alaska Tribe occupying a Village to exercise criminal

and civil jurisdiction over all Native people present in the Village. New statutes and

administrative language should recognize this reaffirmation and territorial component as

defined. Further, current statutes and administrative language, such as the Indian Law

Enforcement Reform Act, must also be reviewed and evaluated for amendment. The enabling

acts for the Not Invisible Act and Savanna’s Act both used definitions of “Indian” and “Indian

Tribe” that are intentionally broad to account for the Alaska specific experience. Future

legislation about Alaska must also use these definitions.

Response: DOJ’s interpretation of “Indian Country” is consistent with the relevant applicable

statutory language. Current practices for DOJ grant programs, with regard to the applicable

definitions of “Indian” and “Indian Tribe,” include Alaska Natives and Alaska Native Villages. As

a general matter, DOJ grant programs are open to federally recognized Tribal governments;

program materials do not generally reference or include a definition of “Indian Country.” For

example, OVW grants are not limited to Indian Country and by statute specifically include

Alaska Native Villages within all Tribal eligibility categories. The VAWA 2022 language cited in

this recommendation specifically pertains to the Alaska Tribal Public Safety Empowerment

subtitle, which is not a grant program statute. However, it does govern the Alaska Pilot Program

for implementation of Special Tribal Criminal Jurisdiction by Alaska Tribes, which DOJ launched

in 2023 and in which all three DOJ grantmaking components are participating.

Commission Recommendation J9: The position in the Alaska U.S. Attorney’s office charged with

implementation of Savanna’s Act, must be made permanent.

Response: Currently, the USAO in Alaska employs a contract MMIP Coordinator that assists in

the implementation of Savanna’s Act guidelines. The newly created MMIP Regional Outreach

Program, in coordination with USAOs and their Tribal Liaisons, will assist in updating and

refining Savanna’s Act guidelines. The USAO in Alaska will host one of the permanently funded

MMIP Regional Coordinators, who will devote a significant amount of work to Alaska and will

continue to update and refine the USAO’s Savanna’s Act guidelines in coordination with

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Alaska’s Tribal Liaison. The MMIP Regional Coordinator will also be available to assist and share

information with other regional coordinators.

Commission Recommendation J10: The Federal government must work with Alaska Tribes and

the State of Alaska to improve coordination and collaboration on a broad range of public safety

measures that includes a 5-year and 10-year plan for building needed infrastructure that can

address Alaska Native children and adult exposure to high rates of violence.

Response: DOJ, in coordination with the USAO in Alaska, is exploring ways to improve public

safety issues throughout Alaska. The USAO has reestablished the Alaska Public Safety Advisory

Committee, which meets regularly to discuss ways to improve crime prevention and victim

services, as well as increase coordination and communication among federal, Tribal, state, and

local law enforcement agencies. The Committee is currently discussing the Alaska Pilot

Program, established by VAWA 2022, which enables Alaska Tribes designated by the Attorney

General to exercise special criminal jurisdiction over persons who are not citizens of an Indian

Tribe. The Committee will continue to coordinate and collaborate among federal, Tribal, state,

and local partners to address public safety measures to curb violence against Alaska Natives.

Commission Recommendation J11: BIA and DOJ must undertake efforts to support Alaska Tribes

seeking Federal cross-deputization to accelerate Alaska Tribes’ ability to implement the VAWA

2022 pilot project.

Response: A significant challenge in investigating cases in Tribal communities is the limited

number of law enforcement personnel and frequent turnover in Tribal police department

staffing. While BIA has permitted students from Alaska to take the CJIS class, federal law and

regulations limit the Special Law Enforcement Commission (SLEC) program to only officers from

“Indian Country,” e.g., Metlakatla Indian Community.

Notwithstanding these challenges, DOJ is committed to helping Alaska Native Villages

implement VAWA 2022. In October 2023, DOJ announced the launch of a pilot program under

VAWA 2022 that will allow Alaska Native Tribes to seek to exercise special Tribal criminal

jurisdiction (STCJ) over non-Indian offenders for certain crimes, including crimes of sexual and

domestic violence. DOJ’s tiered implementation plan provides opportunities for Alaska Native

communities to access technical assistance and other resources to build the capacity of their

criminal justice systems and strengthen public safety.

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This framework will permit any Tribe in Alaska to take part in the program, without requiring

any commitment to ultimately seek Attorney General designation to exercise STCJ.

Commission Recommendation J13: DOJ’s Civil Rights Division must investigate the State of

Alaska’s record for investigating suspicious deaths, murders, and homicides.

Response: As noted earlier, with approximately 18,000 law enforcement agencies across the

country, DOJ’s Civil Rights Division (CRT) weighs many factors when deciding whether to

investigate a jurisdiction. CRT will take this recommendation under further consideration and

thanks the Commission for raising the concern.

Other Legislative and Administrative Commission Recommendations: The Subcommittee

discussed several other recommendations that require legislative action but do not fit neatly

into the categories above. These are important and are included below.

Commission Recommendation K3: DOJ and DOI must initiate a process, led by Tribes and other

Training and Technical Assistance (TTA) recipients, to develop standards for the creation of

effective TTA for Tribes and Native people.

Response: DOJ’s OJP/OVC will include this topic in a listening session in 2024 to gather input

from Tribes about what standards for TTA for Tribes and Native people should look like. The

results of the listening session will inform a collaboration between DOI and DOJ about how such

standards should be developed and applied.

DOJ’s OJP/BJA has established expectations for its TTA providers, which include assessing the

needs of each grantee, developing training and technical assistance that is responsive to these

needs, and offering coaching through this process and translating these lessons to other Tribes.

OJP/BJA also assesses the expertise of the TTA providers in providing assistance specifically to

Tribal justice systems, including cultural expertise and the hiring of staff who reflect those they

serve. These expectations are part of the criteria to select both the providers and who serves as

the peer reviewer for these applications. The overall expectations for Tribal TTA providers are

also coordinated across the CTAS team to ensure coordinated services and consistent expertise

for providers. OJP/BJA will continue to work with Tribes and TTA recipients to ensure these

standards continue to meet the needs of Tribes and Native people.

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OVW’s Tribal Affairs Division has been working for years to develop an effective TTA strategy

and continues to build TTA projects to meet the needs of Tribal grantees. OVW’s annual Tribal

Consultation is a critical government-to-government event, which provides the necessary

consultation to create change specifically to support Tribal governments. OVW will continue to

consult at this event on additional ways to improve TTA for Tribes and Native people.

Commission Recommendation K14: The Administration must develop a data hub that pulls and

shares ICWA- related data between DOI, HHS, and DOJ to monitor ICWA implementation across

agencies.

Response: DOI and DOJ appreciate the need for federal agencies to share Indian Child Welfare

Act (ICWA)-related data in support of ICWA’s implementation. DOI and DOJ will continue to

work closely with HHS on all issues related to preserving, protecting, and implementing ICWA

through the ICWA Interagency Workgroup process, which includes a sub-workgroup on data

interoperability and sharing.

We note that this recommendation also concerns HHS. HHS may have additional feedback to

provide under separate cover with respect to this recommendation.

Commission Recommendation K20: Building on Executive Order 13985, federal agencies

should conduct equity audits on a regular basis to identify and address systemic inequities and

biases in their policies and practices. DOJ and DOI should establish clear guidelines and training

programs to ensure that equity audits are conducted regularly, effectively, and consistently.”

Furthermore, the results of such equity audits should include clear steps and prescriptions for

improving and resolving those inequities identified in the audits. Equity audits and assessments

are an important tool that can be used to ensure that an agency’s policies and practices are fair,

inclusive, culturally responsive, accessible, trauma-informed, and equitable. Comprehensive

equity audits can help identify and address systemic inequities and biases, with a strong focus

on centering the voices and experiences of individuals with lived experiences and those directly

impacted. Regular equity audits, reporting, and staff training are integral components of efforts

to promote transparency, accountability, and continuous improvement and can ultimately lead

to more effective and just policies. Furthermore, the Equitable Data Working Group named in

the EO should receive and take up the recommendations from this Subcommittee regarding

data.

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Response: Since January 20, 2021, DOJ has taken many notable steps to assess and address

barriers to equity within DOJ programs and advance equity for historically marginalized and

underserved communities. The Department reinvigorated its Office for Access to Justice, which

is dedicated to assessing and identifying opportunities to increase equitable access to

Department programs and services. In addition, pursuant to Executive Order 13985, Advancing

Racial Equity and Support for Underserved Communities Through the Federal Government, DOJ

published its first-ever Equity Action Plan in April 2022 and has made significant progress

implementing its equity priorities by improving grant-making and solicitation processes,

increasing opportunities for disadvantaged small businesses located in Historically

Underutilized Business Zones, strengthening mechanisms for community engagement, and

improving language access across the Department for individuals with limited English

proficiency.

Pursuant to Executive Order 14091, Further Advancing Racial Equity and Support for

Underserved Communities Through the Federal Government, DOJ has continued to pursue

ambitious goals to build a fair and inclusive workforce, invest in communities where federal

policies have historically impeded equal opportunity, deliver environmental justice, ensure

equitable procurement practices, and improve the criminal justice system to end unjust

disparities, strengthen public safety, and ensure equal justice under law. In furtherance of these

goals, DOJ will continue to identify opportunities to collect the data necessary to ascertain

whether these priorities and strategic initiatives are effective in identifying, addressing, and

removing barriers for historically marginalized and underserved communities and those

disproportionately impacted by crime, violence, and victimization.

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Chapter 7, Alaska: History, Issues, and Recommendations

As noted earlier, Chapter 7 was not a specific charge required under Section 4 of the Not

Invisible Act. However, the Commission chose to include an additional chapter in their

recommendations to address Alaska-specific issues. Following is an excerpt from the final

report describing the way the Commission addressed unique Alaska-specific concerns:

The issues facing Alaska Natives regarding MMIP and HT are distinctive and compelling,

warranting a dedicated section within any comprehensive report on this topic. It is

intended that the history detailed in this section will provide context for creating

solutions. This section is not intended to elevate Alaska issues above the issues of other

Tribes, but to highlight the unique challenges faced in Alaska by Alaska Native

communities that require unique responses. Nor is the intent of this section to create

competition among Alaska Villages and Tribes for resources that should be equitably

distributed or to compare the suffering between Alaska Villages and other Tribes.

The Alaska-specific findings frame some of the unique considerations identified by the

Commission, as described below.

ALASKA—CHILD WELFARE, EXTRACTION, INTERNATIONAL, DISPROPORTIONATE PRISON RATE, HIGHEST MURDER

AND MISSING RATES, CHILD WELFARE RATES AND INTERCONNECTION OF THEM ALL.

Alaska Natives are disproportionately represented in all categories. Alaska’s unique history, vast

and remote landscapes, extreme weather conditions, and isolated communities present unique

challenges for both prevention and response efforts. Alaska’s legal landscape, characterized by

the intricate interplay of federal, state, and Tribal sovereignty, significantly impacts how cases

are investigated and prosecuted. Access to appropriate and timely resources, including law

enforcement, is often cited as a huge contributing factor as more than one-third of Alaska

Native Villages lack any law enforcement whatsoever and have to rely on officers stationed in a

hub community that can be hours, days and sometimes weeks away given the weather factors.

The state has created a Village Public Safety Officer (VPSO) program that provides some law

enforcement in the villages. However, this program has ongoing challenges as VPSOs often are

not authorized to carry weapons, have limited or no in-village backup, are often on rotation in

and out of the village, and are challenging to recruit and retain due to housing shortages, lack of

living wage, and other issues resulting in high demand but low numbers of staffing.

Alaska Native men and women also are imprisoned by the state at disproportionate rates. We

know that many leave the system to become homeless, leading them to increased vulnerability

to violence and trafficking. The extractive industries are suspected to play a large role in the

disproportionate rate of human trafficking in Alaska, with high rates of women and children

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being targeted. Finally, child welfare issues continue to be at disproportionate rates compared

to non-Native populations, with many children aging out of care. State dependent Native

children are targets for trafficking, particularly children who are removed from remote villages

and placed on the road system and subsequently run away or attempt to return home. All of

these factors combined have had profound implications for jurisdiction, law enforcement

coordination, and the pursuit of justice in cases of MMIP and trafficking victims in Alaska.

Alaska Tribes have been locked out of regular predictable DOI compact funding for base

governmental services such as public safety and judicial functions. Infrastructure development

for these essential governmental services is significantly behind that which has been available to

the lower 48 Tribes because of DOI policies of prioritizing their limited funding to Tribes located

in non-PL-280 jurisdictions. This has shut out Alaska Native Tribes from developing these

aspects of their governments for decades. Some Tribes have been able to fund public safety and

justice programs through competitive grant programs, but funding from one grant cycle to the

next is tenuous.

None of this, however, in any way diminishes the inherent authority of Tribes in Alaska over

internal issues. Recently, Subtitle B of VAWA 2022 has taken steps to address public safety in

Alaska Native villages and does five primary things:

1. Clarifies the territory within which Alaska Tribes can assert their inherent authority by

defining the geographical area covered by the term “Village” with reference to the Tribal

Statistical Area maps of the U.S. Census Bureau;

2. Reaffirms the inherent authority of Alaska Tribes to exercise civil and criminal jurisdiction

over all Indians in their Villages;

3. States that Indian Tribes in Alaska shall have full civil jurisdiction to issue and enforce

protection orders over all persons– Indian and non-Indian– for matters arising in their

Village or otherwise within their authority;

4. Creates a pilot project for Alaska Native Tribes to exercise criminal jurisdiction over non-

Indians in Alaska Native Villages for certain crimes; and

5. Mandates the creation of an Alaska Tribal Public Safety Advisory Committee.

The staggering rates of missing and murdered Indigenous individuals in Alaska, when compared

to the national average, underscore the urgency of addressing this issue in a way that

acknowledges its distinctiveness and provides tailored solutions.

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The following recommendations and Responses address the Alaska-specific issues

identified by the Commission.

Commission Recommendation A1: DOJ and the DOI must—within one year—conduct an equity

assessment of law enforcement, court, and related governmental services for every Alaska

Tribe.

Response: This recommendation is initially listed as Recommendation J1 in Chapter 6. As noted

in the earlier response, an equity assessment is a complex undertaking that will require high

levels of resources and sufficient data to complete. The Office of Justice Programs/National

Institute of Justice (OJP/NIJ), in coordination and partnership with the U.S. Department of the

Interior (DOI), will assess whether there are sufficient data and resources to conduct an equity

assessment of law enforcement, court, and related governmental services for Alaska Tribes.

Commission Recommendation A2: Congress must appropriate, and DOJ/DOI must provide,

annual non- competitive base funding for Alaska Tribes to develop and sustain both civil and

criminal tribal court systems, including but not limited to requirements tied to the Alaska pilot

program authorized in VAWA 2022, assist in the provision of LE and related services, and assist

with intergovernmental agreements. Funds must be appropriated to DOI so that Tribes may

enter into self-governance compacts to execute the new authority and funding should they

wish. DOI and DOJ should begin funding Alaska Tribes on a pilot basis (such as the 477 and

Tiwahe programs) until base funding is made permanent. Funding must include costs for public

defenders and lay advocates. Compacting is a proven method of delivering high-quality

programs and services in Indian country. One such example is Tribal healthcare in Alaska. Under

the Alaska Tribal Health Compact, Alaska’s Tribal health organizations provide nationally

recognized high-quality health care to Tribal members across the state, including in rural Alaska.

These healthcare services are delivered at the village level, sub-regional hubs, regional hubs,

and from Anchorage. Similar success can be achieved in protecting Tribal communities and

addressing the epidemic of MMIP in rural Alaska by giving Tribes equitable and flexible funding

to design public safety services delivered both at the individual community level as well as from

regional and state-wide hubs.

Response: This recommendation is initially listed as Recommendation J2 in Chapter 6. As noted

in the earlier response, the U.S. Department of Justice (DOJ) and DOI support additional funding

for public safety and justice activities in Alaska. It is important to note that providing funding for

public safety in Alaska is complicated by the requirements of P.L. 280, which inhibits the ability

of Tribes to respond to law enforcement events because of reliance on state and local law

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enforcement—even if the Tribes have funding on hand to increase their capacity. The

Departments support engagement and consultation among Tribes, federal agencies, Congress,

and state and local law enforcement to identify strategies to improve public safety

implementation in Alaska under current law, and to explore potential reforms of P.L. 280

needed to ensure the law is consistent with the current and future era of self-determination.

DOJ currently provides public safety funding to Tribes in Alaska and has done for many years.

DOJ awarded more than $127 million to Alaska Native entities and programs between 2020 and

2023. Information on awards may be found on DOJ’s Tribal Justice and Safety website and on

the website of the Office on Violence Against Women (OVW). Currently, DOJ grant funding is

provided by Congress as discretionary funding.

In August 2023, Attorney General Garland traveled to Galena, Alaska, where he met with Alaska

Native community leaders from several villages, and to Anchorage, where he participated in a

roundtable with representatives of Native Tribal organizations to discuss public safety issues in

Alaska Native Villages. In response, the Attorney General directed the Office of Tribal Justice to

work with the Department’s grantmaking components to examine all options—including

recommending legislation to Congress—for improving funding opportunities for Alaska Native

communities to address the significant public safety challenges in Alaska. At the direction of the

Attorney General, DOJ is reviewing current funding authorities and policies to identify further

improvements the Department can make to better provide public safety funding for Alaska

Native communities, including improving access to and administration of funding, training, and

technical assistance, and convening a working group to address these issues further.

DOJ is in the process of exploring how the health care system that is being delivered under the

Alaska Tribal Health Compact may serve as a model for delivering public safety services and

programs. We look forward to working with Tribes as we consider the possibilities.

The Bureau of Indian Affairs (BIA), through the Tiwahe Program, has funded the Association of

Village Council Presidents (AVCP) as a demonstration site since 2015. The Tiwahe funding to

AVCP was transferred to base in 2021 and AVCP has designed and implemented a number of

programs to address missing or murdered Indigenous persons (MMIP) and human trafficking

(HT), including publishing the Missing & Murdered Indigenous People Service Delivery Guide. In

addition to funding AVCP, the Tiwahe Program provided $200,000 each to Tanana Chiefs

Conference and Cook Inlet Tribal Council to support development of a Tiwahe plan. The Tiwahe

Program also provided the first across-the-board increases in social services and Indian Child

Welfare Act (ICWA) funding since 1994 to nearly 400 Tribes and Tribal organizations, many in

Alaska. BIA continues to request additional funding from Congress to support expansion of the

Tiwahe Program to more Tribes, including those in Alaska.

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BIA Tribal Justice Support (TJS) provides funding, training, and technical assistance to Tribal

courts in Alaska. DOI has worked with over 180 Tribal courts in Alaska and worked to create

new tribal courts. For instance, in 2015, the AVCP Region had 52 tribes with fewer than 15

Tribal courts; within an 8- to 9-year span and based on DOI funding, training, and technical

assistance opportunities, the region now has over 40 Tribal courts, which are highly functional

and have the capacity to accept transfer cases from state courts.

In addition, through Public Law 102-477, which was developed “to improve the effectiveness of

Tribal employment, training, and related services, and reduce joblessness in communities for

self-determination purposes,”

BIA facilitates the transfer of funding from 7 of 12 participating

federal agencies to Alaska Tribes and Tribal Organizations. In FY 2023, BIA facilitated the

transfer of $316 million from the U.S. Departments of Commerce, Education, Health and

Human Services, Housing and Urban Development, the Interior, Labor, and Justice to 78

participating Tribes and Tribal Organizations. Nineteen of the 78 are Alaska Native Tribes and

Tribal organizations: Aleutian Pribilof Island Association, Association of Village Council

Presidents, Bristol Bay Native Association, Central Council of Tlingit and Haida Indian Tribes,

Chickaloon Native Village, Chilkat Indian Village, Chugachmuit, Cook Inlet Tribal Council, Inc.,

Copper River Native Association, Native Village of Eyak, Kawerak, Inc., Knik Tribe, Kodiak Area

Native Association, Maniilaq Association, Metlakatla Indian Community, Orutsaramiut

Traditional Native Council, Sun’aq Tribe of Kodiak, Tanana Chiefs Conference, and Yakutat

Tlingit Tribe. The participating Alaska Native Tribes and Tribal organizations represent 80% of

the 228 federally recognized Tribes in the state of Alaska. BIA looks forward to supporting other

Alaska Tribes as they contemplate integration of funding streams or grants into Tribal plans

under Public Law 102-477.

Commission Recommendation A5: Moving forward, all statutory and administrative language

in Public Safety and Justice related grant programs must expand the definition of “Indian

country” to include the definition of “Village” used in VAWA 2022. In VAWA 2022 Congress

recognized and affirmed the inherent authority of any Alaska Tribe occupying a Village to

exercise criminal and civil jurisdiction over all Native people present in the Village. New statutes

and administrative language should recognize this reaffirmation and territorial component as

defined. Further, current statutes and administrative language, such as the Indian Law

Enforcement Reform Act, must also be reviewed and evaluated for amendment. The enabling

31 Public Law 102-477 Section 2.

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acts for the Not Invisible Act and Savana’s Act both used definitions of “Indian” and “Indian

Tribe” that are intentionally broad to account for the Alaska specific experience. Future

legislation about Alaska should also use these definitions.

Response: This recommendation is initially listed as Recommendation J5 in Chapter 6. As noted

in the earlier response, this is consistent with current practices for DOJ grant programs with

regard to the applicable definitions of “Indian” and “Indian Tribe.” As a general matter, DOJ

grant programs are open to federally recognized Tribal governments; program materials do not

generally reference or include a definition of “Indian Country.” For example, OVW grants are

not limited to Indian Country and by statute specifically include Alaska Native Villages within all

Tribal eligibility categories. The Violence Against Women Act (VAWA) 2022 language cited in

this recommendation specifically pertains to the Alaska Tribal Public Safety Empowerment

subtitle, which is not a grant program statute. However, it does govern the Alaska Pilot Program

for implementation of Special Tribal Criminal Jurisdiction by Alaska Tribes, which the DOJ

launched in 2023 and in which all three DOJ grantmaking components are participating.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation A9: The position in the Alaska U.S. Attorney’s office charged with

implementation of Savanna’s Act, must be made permanent.

Response: This recommendation is initially listed as Recommendation J9 in Chapter 6. As noted

in the earlier response, the MMIP Regional Outreach Program, in coordination with United

States Attorney’s Offices (USAOs) and their Tribal Liaisons, will assist in updating and refining

Savanna’s Act guidelines. The USAO in Alaska will host one of the MMIP regional coordinators,

who will build on the work of the existing MMIP coordinator in Alaska, devote a significant

amount of work to Alaska, and continue to update and refine the USAO’s Savanna’s Act

guidelines in coordination with Alaska’s Tribal Liaison. The MMIP regional coordinator will also

be available to assist and share information with other regional coordinators.

Commission Recommendation A10: The federal government must work with Alaska Tribes and

the state of Alaska to improve coordination and collaboration on a broad range of public safety

measures that include a 5-year and 10-year plan for building needed infrastructure that can

address Alaska Native children and adult exposure to high rates of violence.

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Response: This recommendation is initially listed as Recommendation J10 in Chapter 6. As

noted in the earlier response, DOJ, led by the USAO in Alaska, is exploring ways to improve

public safety issues throughout Alaska. The USAO has re-established the Alaska Public Safety

Advisory Committee, which meets regularly to discuss ways to improve crime prevention and

victim’s services, as well as increase coordination and communication among federal, Tribal,

state, and local law enforcement agencies. The Committee is currently discussing the Alaska

Pilot Program, established by VAWA 2022, which enables Alaska Tribes designated by the

Attorney General to exercise special criminal jurisdiction over persons who are not citizens of

an Indian Tribe regarding certain offenses. The Committee will continue to coordinate and

collaborate among federal, Tribal, state, and local partners to address public safety measures to

curb violence against Alaska Natives.

DOI provides significant support to Alaska Tribal courts to build capacity to address issues

related to children. BIA TJS provides funding for courts, judges, and attorneys to hear family law

and child welfare cases. BIA TJS provides funding to the Alaska Native Justice Center, which

provides representation to Tribes in ICWA matters in state court, case management and

referrals to victims of domestic violence and/or human trafficking, as well as advocacy

throughout the state to address the MMIP and HT crisis and the crisis’s unique impact on Alaska

Native children and youth. DOI will continue to work with Alaska Tribes to address the

prevention and intervention needs of their communities.

We note that this recommendation also concerns departments other than DOI and DOJ. Other

departments may have additional feedback to provide under separate cover with respect to

this recommendation.

Commission Recommendation A11: BIA and DOJ must undertake efforts to support Alaska

Tribes seeking federal cross-deputization to accelerate Alaska Tribes’ ability to implement the

VAWA 2022 pilot project.

Response: This recommendation is initially listed as Recommendation J11 in Chapter 6. As

noted in the earlier response, one challenge in investigating cases in Tribal communities is the

limited number of law enforcement personnel and frequent turnover in Tribal police

department staffing. While BIA has permitted students from Alaska to take the Criminal Justice

Information Services (CJIS) class, only officers from Metlakatla may receive a Special Law

Enforcement Commission (SLEC). This is because federal law and regulations concerning the

SLEC program specifically include the term “Indian Country.” Metlakatla is the only place in

Alaska that meets the federal definition of Indian Country.

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Notwithstanding these challenges, DOJ is committed to helping Alaska Native villages

implement VAWA 2022. In October 2023, DOJ announced the launch of a pilot program under

VAWA 2022 that will allow Alaska Native Tribes to seek to exercise special Tribal criminal

jurisdiction (STCJ) over non-Indian offenders for certain crimes, including crimes of sexual and

domestic violence. DOJ’s implementation plan provides opportunities for Alaska Native

communities to access technical assistance and other resources to help build the capacity of

their criminal justice systems and strengthen public safety.

DOJ’s approach to the pilot program includes a three-track process. Under Track One, all Alaska

Tribes are invited to join an Alaska-specific Inter-Tribal Technical Assistance Working Group

(ITWG) on STCJ to receive technical assistance and peer-to-peer support. This Alaska-specific

ITWG will be supported by an OVW technical assistance award to the Alaska Native Justice

Center and its partners.

Under Track Two, any Alaska Tribe may opt to become a Preliminary Pilot Program Tribe by

completing a questionnaire to assess their readiness to exercise STCJ and identify any gaps in

meeting the statutory requirements for exercising STCJ. Each Tribe that completes a

questionnaire will be assigned a federal liaison, who will work alongside the Alaska Technical

Assistance Provider to assist the Tribe in addressing unmet requirements and further building

their criminal justice system capacity.

Under Track Three, an Alaska Tribe may seek Attorney General designation as a Participating

Pilot Program Tribe by completing the same questionnaire used for Track Two. DOJ staff who

review the questionnaire will either recommend Attorney General designation or invite the

Tribe to participate (or continue to participate) in readiness activities under Track Two.

This framework will permit any Tribe in Alaska to take part in the Pilot Program, without

requiring any commitment to ultimately seeking Attorney General designation to exercise STCJ.

Importantly, it provides a mechanism for Alaska Tribes to receive federal guidance and

technical assistance to develop their criminal justice capacity.

Commission Recommendation A13: DOJ’s Civil Rights Division must investigate the state of

Alaska’s record for investigating suspicious deaths, murders and homicides.

Response: This recommendation is initially listed as Recommendation J13 in Chapter 6. As

noted in the earlier response, with approximately 18,000 law enforcement agencies across the

country, DOJ’s Civil Rights Division (CRT) weighs many factors in deciding whether to investigate

a jurisdiction. CRT will take this recommendation under further consideration and thanks the

Commission for raising the concern.

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Commission Recommendation A15: The BIA SLEC Program must be expanded to include Alaska

Village Statistical Areas.

Response: This recommendation is initially listed as Recommendation C1 in Chapter 1. As noted

in the earlier response, DOI would be supportive of this if we held proper jurisdictional

authority to carry out such a task. Expansion of the SLEC to Alaska Village Statistical Areas is not

currently possible, as SLEC is for federal jurisdiction on lands held in trust for Indian tribes.

Expansion of the SLEC Program would require Congress to amend the program to explicitly

include Alaska Village Statistical Areas, or to define them as Indian Country for this purpose.

Commission Recommendation A16: The MMIP Regional Outreach Program through EOUSA

must be expanded to include more than one coordinator and AUSA to serve Alaska.

Response: This recommendation is initially listed as Recommendation S2 in Chapter 5. As noted

in the earlier response, DOJ is committed to improving the federal response to MMIP. To

advance its commitment, and consistent with Executive Order 14053, Improving Public Safety

and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered

Indigenous People, DOJ announced the creation of the MMIP Regional Outreach Program in

June 2023.

The program endeavors to aid in the prevention and response to MMIP through the permanent

placement of five MMIP Assistant U.S. Attorneys (AUSAs) and five coordinators in five

designated regions across the United States. The program provides experienced and specialized

support to USAOs within each designated region to address and combat these issues, including

unresolved cases and MMIP-related crimes. Further, the program promotes communication,

coordination, and collaboration among federal, Tribal, local, and state partners on MMIP issues.

The program will also complement the work of the National Native American Outreach Services

Liaison (OSL) to ensure that victims and families are supported as they navigate the federal

criminal justice system.

To help facilitate a regional and national impact, programmatic support is being coordinated

and provided by a national MMIP regional program coordinator located within DOJ’s Executive

Office for United States Attorneys (EOUSA). Notably, the program complements the work of

already existing Tribal liaisons and Indian Country prosecutors in USAOs with Indian Country

responsibility. Moreover, these efforts are further supported by the OSL, National Indian

Country Training Initiative (NICTI) coordinator, and Native American issues coordinator.

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As program regions are fully staffed, the regional AUSAs and coordinators will begin regional

outreach to federal, Tribal, state, and local law enforcement; victim- and MMIP-related

governmental and nongovernmental organizations; and urban Indian organizations to provide

information about the program’s resources, roles, and services provided and develop a regional

resource list. The AUSAs and coordinators, in collaboration with local USAOs and their Tribal

liaisons, will develop relationships with Tribal nations, established governmental and

nongovernmental victim-related organizations, MMIP state task forces and offices, and MMIP

families to ensure the development and growth of the program aligns with the needs of victims,

victims’ families, and federal, Tribal, state, and local partners.