Source: United States Department of Justice
Since 2015, The Department of Justice has provided select Tribal government agencies with access to FBI Criminal Justice Information Services (CJIS) systems through the Tribal Access Program (TAP) for purposes authorized by Congress. There are 152 Tribes with over 500 Tribal government agencies that utilize TAP to improve public safety in their communities. Among other purposes, Congress has authorized Tribal governments to access criminal history record information in order to conduct background checks for specific purposes such as the screening of prospective foster parents and Tribal government employees with access to children. Over time, Tribes expressed interest in expanding the purposes for which they could access that information for background checks, such as educators and volunteers working in schools and social services, and Congress eventually amended 34 USC 41101 (sometimes referred to as Public Law 92-544) to provide a means for Tribes to enact their own legal authorities that best meet the needs of their communities.
In a historic move, the FBI has approved an enacted resolution of the Confederated Tribes of the Umatilla Indian Reservation in Oregon to allow the Tribes’ Department of Education and Department of Children & Family Services to access FBI maintained criminal history record information in order to conduct background checks on employees, contractors, and volunteers of those two Tribal agencies. This is the first Tribally enacted law that has been reviewed and met the rigorous standards set by the Justice Department. This approval will improve the integrity of the hiring process for the specified Tribal government agencies in order to strengthen the Umatilla Tribes’ efforts to protect children and promote public safety.
“We appreciate the U.S. Department of Justice recognizing the CTUIR’s tribal sovereignty in sharing access into these federal criminal history databases. This allows our employees in Education and DCFS to run more thorough background checks,” CTUIR Board of Trustees Chair N. Kathryn Brigham said. “The more thorough the background checks are, the safer conditions are for people, especially children, who utilize these services.”