The National Coordination Committee on the 

American Indian/Alaska Native 

Sexual Assault Nurse Examiner-Sexual Assault 

Response Team Initiative 

Report to the U.S. Attorney General on 

Improving Federal Agency Response to Sexual 

Violence in Tribal Nations: Issues and 

Recommendations
	

June 2014 

"When one in three Native American women will be raped in their lifetimes, that is an assault on 

our national conscience; it is an affront to our shared humanity; it is something that we cannot 

allow to continue." 

—President Barack Obama, July 29, 2010, at the signing of the Tribal Law and Order Act of 

2010. 
National Coordination Committee Report to Attorney General Holder
	

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National Coordination Committee Report to Attorney General Holder
	

June 2014
	

Dear Mr. Attorney General: 

Since 2009, the Federal Government has responded to the long-standing criminal justice crisis in 

tribal nations1 in unprecedented ways. The leadership that the Department of Justice (DOJ) has 

provided to inspire lasting change has truly been exceptional. In addition, your administration has 

gone to tremendous lengths to support the important legislative changes found in the Tribal Law 

and Order Act of 2010 and the Violence Against Women Reauthorization Act of 2013. These 

efforts are already changing lives, enhancing justice, and empowering tribal nations. 

There is more to be done. 

A problem that took centuries to create will not be resolved quickly. While great strides have been 

made in terms of policy and legislation, the reality for many individual Native victims of sexual 

assault is that the criminal justice system is not working. We know that your administration is 

committed to fixing what is broken and strengthening what is working. 

The Office for Victims of Crime (OVC) established the National Coordination Committee on the 

American Indian/Alaska Native Sexual Assault Nurse Examiner−Sexual Assault Response Team 

Initiative (Committee) in 2011 to advise you of potential solutions to complex issues that arise 

when federal, tribal, state, and local providers attempt to coordinate a response to victims of sexual 

violence, including women, children, and men. The 14 Committee members include 

representatives from diverse national tribal organizations; experts in forensic nursing, tribal courts, 

Alaska Native issues, and child sexual abuse; and representatives from five federal agencies with 

responsibility for law enforcement, prosecution, health care, and victim services. We have worked 

for 16 months to consider and develop the recommendations in this document. We respectfully 

present them now and are committed to seeing them swiftly implemented. 

As experts in our fields, we have developed a set of concrete recommendations that we believe 

will serve two purposes. First, implementation of these recommendations will improve the 

effectiveness and efficiency of the federal system’s response to adult and child victims of sexual 

violence in tribal nations. Second, implementation of these recommendations will ensure that the 

progress made on this issue will be institutionalized throughout DOJ and will lead to lasting, 

systemic change that will survive transitions between administrations. 

1 This report emphasizes the importance of the government-to-government relationship between the United States and federallyrecognized Indian tribes, referred to in this report as tribal nations. By "tribal nations" we intend to be inclusive of Alaska Native 

villages as sovereign governments. We also recognize and respect that many Native people belong to inter-tribal urban 

communities, though most of the recommendations in this Report do not directly relate to sexual violence response in such 

communities. 

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National Coordination Committee Report to Attorney General Holder
	

Our recommendations focus on problems and issues over which you and the DOJ have 

jurisdictional authority, responsibility, or influence. They provide suggested actions that will 

change the way the Federal Government responds to sexual violence in tribal nations. The 

recommendations address four critical areas: 

 Federal agency coordination and collaboration at the local level;

 Department of Justice personnel policy changes;

 Department of Justice grant solicitations and funding; and

 Public safety and public health.

We respectfully request that you review these recommendations and the accompanying suggested 

steps toward implementation and direct DOJ agencies and offices to begin the implementation 

process of the recommendations without delay.2

Given the need for collaboration in addressing sexual violence responses, the commitment and 

participation of federal agencies outside of DOJ will be crucial to the successful implementation of 

these recommendations. To further promote interagency cooperation and collaboration, we 

request that you convene a Principal’s Meeting with cabinet-level personnel from other federal 

agencies or use other appropriate forums, such as The White House Council on Native American 

Affairs, to share these recommendations and encourage their implementation across agencies. 

Thank you for the opportunity to participate in this vital initiative and to recommend steps for a 

more just, effective, and efficient federal response to victims of sexual violence in American 

Indian and Alaska Native communities. We stand ready to support and assist in any 

implementation efforts going forward. 

We dedicate this report to the many victims and survivors of sexual violence throughout tribal 

nations. 

Respectfully, 

The National Coordination Committee on the 

AI/AN SANE-SART Initiative 

2 The Federal Government has trust obligations to all Indian tribes. Certain federal laws such as PL280 delegated criminal justice 

authority to state governments for some tribes. While the Federal Government does not have authority to investigate and prosecute 

sexual violence in all tribal nations, we recommend that DOJ welcome state and local officials to participate in relevant meetings or 

trainings that may enhance their ability to respond to victims of sexual violence in collaboration with tribal governments, 

emphasizing the sovereignty of tribal nations and the expertise of tribal leaders and victim advocates. 

4 
 

National Coordination Committee Report to Attorney General Holder
	

cc: President Barack Obama 

The Hon. Sally Jewell, Secretary of the Interior 

Mr. Kevin K. Washburn, Assistant Secretary of the Interior, Bureau of Indian Affairs 

Ms. Sylvia Mathews Burwell, Secretary of Health and Human Services 

Dr. Yvette Roubideaux, Acting Director, Indian Health Service 

Brian Cladoosby, Swinomish Indian Tribal Community, President, National Congress of 

American Indians 

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National Coordination Committee Report to Attorney General Holder
	

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National Coordination Committee Report to Attorney General Holder
	

National Coordination Committee Members 

Honorable Peggy L. Bird, J.D., Kewa/Santo Domingo Pueblo 

Tribal Court Judge 

National American Indian Court Judges Association 

Hallie Bongar White, J.D. 

Executive Director 

Southwest Center for Law and Policy 

Sarah Collins, J.D., Oglala Sioux Tribe 

Assistant United States Attorney 

United States Attorney’s Office, District of South Dakota 

Darren Cruzan, Miami Tribe of Oklahoma 

Director, Office of Justice Services 

U.S. Department of the Interior, Bureau of Indian Affairs 

Kim Day, RN, FNE, SANE-A, SANE-P 

SAFE Technical Assistance Project Director 

International Association of Forensic Nurses 

Sarah Deer, J.D. Muscogee (Creek) Nation 

Associate Professor, William Mitchell College of Law 

National Coordination Committee Chair 

Bea Hanson, Ph.D. 

Principal Deputy Director 

U.S. Department of Justice, Office on Violence Against Women 

Susan Karol, M.D., Tuscarora Indian Nation 

Chief Medical Officer 

U.S. Department of Health and Human Services, Indian Health Service 

Donna LC Keeler, Eastern Shoshone Tribe 

Executive Director, South Dakota Urban Indian Health, Inc. 

Representing the National Council of Urban Indian Health 

Linda Logan, M.S.W., Oklahoma Choctaw 

President, Native American Pathways 

Representing the National Indian Child Welfare Association 

Juana Majel Dixon, Ph.D., Pauma Band of Mission Indians 

Tribal Leadership/Co-Chair, Stop Violence Against Native Women Task Force 

National Congress of American Indians 

Shirley Moses, M.Ed., Inupiat Eskimo 

Nonprofit Organization Management Professional 

Kathryn Turman 

Assistant Director, Office for Victim Assistance 

U.S. Department of Justice, Federal Bureau of Investigation 

Geri Wisner, J.D., Muscogee (Creek) Nation 

Tribal Prosecutor 

Executive Director, Native American Children’s Alliance 

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National Coordination Committee Report to Attorney General Holder
	

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National Coordination Committee Report to Attorney General Holder
	

NATIONAL COORDINATION COMMITTEE 

RECOMMENDATIONS FOR THE U.S.
	

ATTORNEY GENERAL
	

9 
National Coordination Committee Report to Attorney General Holder
	

10 
ISSUE 1: FEDERAL AGENCY COORDINATION AND COLLABORATION AT 

THE LOCAL LEVEL 

 

 

 

The difficulty in developing a seamless and coordinated response from federal, state, local, and 

tribal agencies to American Indian/Alaska Native (AI/AN) victims of sexual violence is a 

significant challenge facing the U.S. Department of Justice. The intersection of three 

jurisdictions—state, tribal, and federal—has been, and 

 

 

, 

administration of criminal justice and the provision of 

services to crime victims in Indian Country. A patchwork 

of federal agencies currently administers the funding 

supporting most services for tribal governments, 

particularly those necessary to respond to sexual violence. 

continues to be the origin of many challenges to the 

 

 

 

 

 

 

 

 

 

National Coordination Committee Report to Attorney General Holder
	

I’d like to speak from a personal 

perspective. I am one of three 

sisters; I am the statistic that one 

in three Native women is a victim 

of sexual assault. I have three 

daughters; which one of them will 

be next? Put a face to those 

numbers. If my face is what you 

want to see, then see it. 

When I was a teenager living on 

tribal lands, someone broke into 

my bedroom window. When we 

called the police, we were told 

there was nothing they could do 

because we were on tribal lands. 

Look at your daughters, at your 

sisters, and think about that lack 

of response. 

Sheila Harjo, First Lady, 

Councilwoman, Seminole 

Nation of Oklahoma 

OVW 2012 Tribal Consultation 

Report 

 

 

 

Meaningful collaboration among federal agencies as well 

as between state, federal, and tribal responders can help 

ensure that AI/AN victims of sexual violence receive 

comprehensive, victim-centered, culturally appropriate 

responses and services. Meaningful collaboration requires 

recognition of and respect for tribal sovereignty3 and the 

human rights of Native people, pursuant to the Declaration 

of the Rights of Indigenous Peoples.4 While great strides 

have been made in recent years, historically federal 

decision-making has often taken place without 

consideration of the inherent sovereignty of tribal nations.5 

Sexual Assault Response Teams (SARTs) and Multi-Disciplinary Teams (MDTs) that operate 

with a shared set of written guidelines are one proven way that federal agencies, in collaboration 

3 The Department of Justice Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes reaffirms 

the Justice Department's recognition of the sovereign status of federally recognized Indian tribes as domestic dependent nations and 

reaffirms adherence to the principles of government-to-government relations. The Policy can be viewed at: 

http://www.justice.gov/ag/readingroom/sovereignty.html. 4 On December 16, 2010, at the 2010 White House Tribal Nations Conference, President Obama announced that the United States 

supports the UN Declaration on the Rights of Indigenous Peoples. The Announcement of U.S. Support for the United Nations 

Declaration on the Rights of Indigenous Peoples can be viewed at: http://www.state.gov/documents/organization/153223.pdf 5 On November 5, 2009, President Obama issued a Memorandum for the Heads of Executive Departments and Agencies 

reaffirming the government-to-government relationship between the United States and Indian tribes which can be viewed at: 

http://www.whitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president. 

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National Coordination Committee Report to Attorney General Holder
	

with local partners, can facilitate a coordinated response to victims of sexual violence. 6 7 Written 

guidelines can establish the general approach each agency will take upon a disclosure of sexual 

violence and can document local decisions about the law enforcement reporting structure, use of 

child/adolescent forensic interviews, medical forensic examination locations, the processing of 

sexual assault forensic exam kits, collection and storage of forensic evidence for anonymous 

reports, and payment for medical forensic exams. 

In many tribal nations, there are no formal agreements among federal law enforcement entities 

and/or between federal and tribal law enforcement regarding which agency is responsible for 

investigating which types of sexual violence. While there is a long-standing Memorandum of 

Understanding (MOU) between the Departments of Justice and Interior codifying a basic 

agreement about which sexual violence cases will be worked by the Federal Bureau of 

Investigation (FBI) or by the Bureau of Indian Affairs (BIA),8 conditions in the field, the 

discretion of FBI and BIA Special Agents in Charge, and uneven staffing levels across 

jurisdictions have necessitated a different approach in many locations. Accordingly, one 

overarching MOU between the two agencies is no longer sufficient to meet the real challenges of 

investigating sexual violence in tribal nations. Additionally, it is essential that federal law 

enforcement agencies work in partnership with tribal law enforcement entities to establish law 

enforcement reporting structures for the District/tribal community.9 When law enforcement 

reporting structures are not clear, federal and tribal law enforcement entities may not properly 

respond to the scene, investigate the crime, or appropriately share information with their law 

enforcement partners or prosecutors. 

Similarly, in some tribal nations, there are no clear guidelines concerning the coordination of 

investigative forensic interviews in cases of child sexual abuse or sexual violence against 

vulnerable adults. As a result, valuable evidence gathered in a child/adolescent forensic interview 

may not meet the diverse needs of tribal, state, or federal prosecutors.10 Further, multiple, 

6 M. Elaine Nugent-Boracove, et al., Testing the Efficacy of SANE/SART Programs: Do They Make a Difference in Sexual Assault
	

Arrest & Prosecution Outcomes? 2006, U.S. Department of Justice, National Institute of Justice. Available at 

www.ncjrs.gov/pdffiles1/nij/grants/214252.pdf.
	 7 U.S. Department of Justice, Office on Violence Against Women, A National Protocol for Sexual Assault Forensic Examinations, 

Adults/Adolescents, 2013, (2nd edition). Available at www.ncjrs.gov/pdffiles1/ovw/241903.pdf. In addition to forensic exams, the
	

Protocol provides a framework for SART collaboration.

8 This MOU can be viewed at: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00676.htm. 9 Per the Tribal Law and Order Act of 2010 (HR 752-2), “the complicated jurisdictional scheme that exists in Indian
	

Country...requires a high degree of commitment and cooperation among tribal, Federal, and State law enforcement officials.”
	

http://www.justice.gov/usao/az/IndianCountry/Tribal%20Law%20%20Order%20Act%202010.pdf, SEC. 202. FINDINGS; 

PURPOSES, pg. 5

10 For example, a Forensic Interviewer from the tribe may be unaware of the elements needed to prove a federal case.
	

12 
duplicative interviews and interviews conducted by inexperienced, unqualified individuals can 

retraumatize victims and jeopardize the successful prosecution of a case.11 

 

 

There are also significant challenges concerning sexual 

assault forensic examinations. These challenges include 

a lack of or limited access to exam sites and/or forensic 

exam kits, identification of a standard forensic exam 

kit, exam kit processing time, and responsibility for the 

cost of the medical forensic exam. Despite the strong 

commitment by the Indian Health Service (IHS) and 

tribal nations to provide quality healthcare and services 

to victims of sexual violence, the number of medical 

facilities with trained examiners to perform the medical 

forensic examination is limited. Jurisdictional issues 

and geographic barriers can also impede a victim’s 

ability to access sexual assault forensic exam services. 

As such, some victims must travel long distances for 

exams, may have difficulty finding transportation, and 

may have little or no access to followup services. 

 

 

 

Additionally, when trained examiners are available they may only be qualified to provide care for 

adult and adolescent victims, making it necessary for child victims to be taken to other facilities. 

This can result in confusion among investigative agencies about locations that victims should 

access for needed health services in the aftermath of sexual violence. Tribal, federal, state, and 

local responders need to work cooperatively to facilitate victims’ access to forensic medical exams 

by developing response protocols that address these limitations. 

 

The Cherokee Nation and the 

Oklahoma Bureau of Investigations 

partnered to enhance evidencegathering procedures for sexual 

assault cases, and these protocols 

are now used by the Indian Health 

Service as a model protocol for 

state and tribal collaboration in 

national trainings for Sexual 

Assault Examiners and Sexual 

Assault Response Teams. 

Todd Hembree, Attorney General, 

Cherokee Nation of Oklahoma 

OVW 2012 Tribal Consultation 

Report 

 

Numerous versions of sexual assault forensic exam kits exist across the United States, and more 

than one version of the kit may be in use in some communities.12 Identifying which kit best meets 

the needs of investigators, prosecutors, forensic examiners, and crime lab personnel in a particular 

jurisdiction and standardizing its use and availability can lead to a reduction of crime lab 

processing time and the elimination of confusion among responders. 

 

 

 

 

 

 

 

National Coordination Committee Report to Attorney General Holder
	

11 “It still remains that limiting the number of interviews of a child or victim or witness through the investigative process is 

considered best practice. As stated in the American Prosecution Research Institute’s Investigation and Prosecution of Child Abuse 

(3rd edition) manual: ‘The number of investigative interviews should be limited to one whenever possible (APRI 2004, New York: 

Sage Publications)’ ” from “Law Enforcement’s Evolving Mission to Protect Children,” by Stephanie Stronks Knapp, from the 

Handbook of Childmaltreatment, Jill E. Korbin, Richard D. Krugman (Editors), Chapter 28, Springer Netherlands, 2014 

http://www.barnesandnoble.com/w/handbook-of-child-maltreatment-jill-e-korbin/1115716546?ean=9789400772076. 12 Some versions of the kits even include now-outdated components that crime labs no longer process. 

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National Coordination Committee Report to Attorney General Holder
	

Consistent with forensic compliance provisions within the Violence Against Women Act 

(VAWA) and subsequent legislation, a victim of sexual violence should never be financially 

responsible for the cost of a medical forensic sexual assault exam. In addition, the Federal 

Victims’ Rights and Restitution Act provides that if there is a federal agency investigating sexual 

assault, that Federal agency is responsible for payment for the cost of the medical forensic 

examination.13 In any given jurisdiction it may be federal, state, or local law enforcement;14 

special state funds; victim compensation funding; medical facilities; or, as a last resort, the IHS 

that pay for medical forensic exams.15 Jurisdictions need to identify which entities will pay for 

exams, especially for victims who opt not to participate in a law enforcement investigation, to 

ensure that victims are never charged for this service. 

The Committee’s recommendations for federal agency coordination and collaboration at the local 

level encompass the investigation of sexual violence (including the child/adolescent forensic 

interview), the medical forensic examination, sexual assault evidence kits, and the coordination of 

efforts in the multidisciplinary response. 

13 The term forensic compliance refers to two specific provisions within VAWA and subsequent legislation that address a sexual 

assault victim's access to a medical forensic exam. These provisions generally require, as a condition for certain grant funding, U.S. 

states and territories to ensure that victims of sexual assault have access to a medical forensic exam that is free of charge and 

without requiring them to cooperate with law enforcement or participate in the criminal justice system. Adapted from End Violence 

Against Women International’s Training Bulletin: VAWA [2013] Prohibits Exam Costs for Victims and Requires Public Education, 

March 2013. Available at: https://www.evawintl.org/images/uploads/2013-

03_VAWA_2012_Prohibits_Exam_Costs_for_Victims.pdf. 14 42 U.S.C. 10607(c)(7) states “The Attorney General or the head of another department or agency that conducts an investigation 

of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the 

victim which an investigating officer determines was necessary or useful for evidentiary purposes. The Attorney General shall 

provide for the payment of the cost of up to two anonymous and confidential tests of the victim for sexually transmitted diseases, 

including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of 

transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of 

transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and 

confidentiality of any tests paid for under this section.”

15 http://www.aequitasresource.org/Summary_of_Laws_and_GuidelinesPayment_of_Sexual_Assault_Forensic_Examinations_2.6.12.pdf summarizes state laws on payment for forensic exams. 

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National Coordination Committee Report to Attorney General Holder
	

RECOMMENDATIONS FOR COLLABORATION AT THE LOCAL LEVEL 

The Committee recommends that the Attorney General: 

1-A: Direct United States Attorneys (USAs) in each District with Indian Country jurisdiction to 

develop District-specific, written guidelines for sexual violence response. The development of the 

guidelines should prioritize respect for tribal sovereignty, and be a collaborative effort of the 

United States Attorney Office Tribal Liaison (or an appropriate Assistant United States 

Attorney)16; the highest ranking local representative(s) of the FBI, BIA, and IHS; and local tribal 

justice system personnel. The guidelines should document how federal agencies will respond to 

sexual violence within the District and be signed by each agency, submitted to the District’s USA, 

and posted on the USAO’s District website.17 The guidelines should include, at a minimum, the 

following components: 

1-A.1: Investigation of Sexual Violence Reports. District-specific guidelines should 

document which federal agency(ies) will investigate which type of sexual violence cases, 

and should specify the District’s law enforcement reporting structure. This reporting 

structure should be developed in collaboration with tribal law enforcement. 

1-A.2: Use of Child/Adolescent Forensic Interviews for Federal Prosecution. Districtspecific guidelines should be developed with an understanding that forensic interviews 

should be conducted in a culturally appropriate manner by qualified, trained interviewers, 

and document the following: 

 Under what circumstances forensic interviews will be conducted; 

 Which agency is responsible for setting up a forensic interview; 

16 This recommendation builds on two existing DOJ directives to United States Attorneys: a) the aforementioned 1993 MOU 

between the DOJ and the DOI provides that each United States Attorney “whose criminal jurisdiction includes Indian Country shall 

develop local written guidelines outlining responsibilities of the BIA, the FBI, and the Tribal Criminal Investigators, if applicable,” 

and b) a January 11, 2010 Deputy Attorney General Memorandum for United States Attorneys with Districts Containing Indian 

Country, which, as part of the DOJ’s 2009 Indian Country Law Enforcement Initiative, directed every USAO with Indian Country 

in its district to engage annually, in coordination with law enforcement partners and in consultation with the tribes in that district, to 

develop District-level operational plans to address public safety in Indian Country, http://www.justice.gov/dag/dag-memo-indiancountry.html. 17 In recognition of the complexity of sexual violence cases, the fact that there is no one approach that will work for every sexual 

assault response, and to protect the integrity of the investigation and prosecution of cases, a disclaimer such as this should be added 

to any written guidelines: “These guidelines are intended to improve the internal management of the Department of Justice [add 

other agencies/organizations here, as appropriate]. They are not intended to and do not create any right or benefit, substantive or 

procedural, enforceable at law or in equity by any party in any matter, civil or criminal, against the United States, its departments, 

agencies, or entities, its officers, employees, or agents, or any other person, nor do these proposed guidelines place any limitations 

on otherwise lawful litigative prerogatives of the Department of Justice. A response that deviates from these guidelines does not 

equate to an improper response, but rather, that special circumstances required a different approach.” (Modified from the United 

States Department of Justice Proposed* Statement of Principles for Working with Federally Recognized Indian Tribes [*Subject to 

Consultation with Tribal Officials], November 2013, http://www.justice.gov/tribal/docs/statement-of-principles-for-working-withtribes.pdf). 

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National Coordination Committee Report to Attorney General Holder 

	 Which legally defensible forensic interviewing model(s) will be accepted for 

federal court; 

 Location(s) where the forensic interviews will be conducted; 

 Which agency is responsible for transporting victims to the forensic interview; and 

 Who will have access to the forensic interview recordings and reports. 

1-A.3: Sexual Assault Medical Forensic Examinations. District-specific guidelines should 

document the following: 

	 Available health care resources for victims (beyond just those where exams will be 

performed) to ensure that all responders can help get victims the health care they 

need following sexual violence; 

 The sites where exams will be performed; 

 Ages of patients served at each site; and 

 Entity(ies) responsible for the cost of medical forensic exams under particular 

circumstances (such as in cases where a report is made to law enforcement, in 

cases involving delayed or anonymous reporting, etc.), to ensure that agencies 

know when they are responsible for covering the cost of these exams or when they 

need to arrange for payment through other sources. 

1-A.4: Sexual Assault Forensic Exam Kits. District-specific guidelines should document 

the following items in collaboration with the relevant crime lab(s): 

 Type of sexual assault forensic exam kit to be used for federal sexual violence 

cases; 

 Which agency is responsible for supplying the kits to medical sites; 

 Which crime lab will process the kits; 

 Which agency is responsible for transporting kits from the exam site to the lab; and 

 The agency responsible for storing kits when victims decline to make an official 

report to law enforcement. 

1-B: Direct United States Attorneys’ Offices and the FBI18 to assign appropriate employees to 

actively participate in the local MDT(s) and/or SART(s). If an MDT or SART does not exist, 

USAOs and the FBI should assign appropriate employees to assist with their development, in 

collaboration with the local tribal community. 

18 The Committee recognizes that the Bureau of Indian Affairs, the Indian Health Service, and tribes are critical partners in MDTs 

and SARTs, though the Attorney General does not have authority to require BIA, IHS, or tribes’ participation. 

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National Coordination Committee Report to Attorney General Holder
	

ISSUE 2: DEPARTMENT OF JUSTICE PERSONNEL POLICY CHANGES 

Department of Justice (DOJ) employees assigned to Indian Country-related positions often work 

directly with tribes, Native victims of sexual violence, and local responders. They will often 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overall, federal justice personnel 

need additional cultural training 

about American Indians and Alaska 

Natives. It is unfair to hold tribes 

responsible for the ignorance of 

America. We do not teach anything 

about American Indians to children 

in schools. People who are hired 

for federal law enforcement 

positions come to the job hardly 

knowing that American Indians or 

tribal law exists, but these issues 

turn out to be the majority of their 

job. They are woefully unprepared. 

How can this still be such a 

problem...? 

Federal employees who are Native 

are forced to act as the token 

Indian, and become responsible for 

everyone’s cultural education. This 

is not fair. When you provide 

cultural education to federal staff, 

you need to hire trainers who are 

members of tribes, who live and 

work in Indian Country, and 

understand the ways of life there. 

Juana Majel-Dixon, Traditional 

Councilwoman, and Co-chair of 

the NCAI VAWA Task Force, 

Pauma Band of Luiseno Indians 

OVW 2012 Tribal Consultation 

Report 

encounter criminal justice jurisdictional complexities and 

the impact of historical trauma and sexual violence on 

tribal nations. It is crucial for new hires and current 

employees to have fundamental knowledge of tribal 

sovereignty, tribal self-governance, and the cultural 

practices of American Indians and Alaska Natives. 

Further, employees who are working with sexual 

violence-related issues or coming into contact with 

victims of sexual violence should have knowledge of 

sexual violence and its impact on adult and child victims. 

Given the unique status of tribal nations, the 

jurisdictional complexities related to crime in Indian 

Country, and the myriad of challenges of sexual violence 

crimes, it is vital that DOJ employees working in Indian 

Country-related positions receive training in the areas of 

tribal sovereignty and governance; the impact of 

historical trauma on tribal nations; the dynamics of 

sexual violence; crime victims’ rights; and the purpose 

and functioning of SARTs and MDTs, if they are to work 

effectively and respectfully with tribal nations. 

It is critical that DOJ employees who work with victims 

of sexual violence in tribal nations receive a local 

orientation about the specific history and culture of the 

tribal nations in their area of responsibility, in order to 

knowledgably serve victims. This cultural awareness 

and sensitivity will also facilitate relationship building 

and successful partnerships among the DOJ and tribes. 

The Committee’s recommendations for federal agency personnel policy changes address hiring, 

mandatory training, and employee assessments. 

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National Coordination Committee Report to Attorney General Holder
	

RECOMMENDATIONS FOR DOJ PERSONNEL POLICY CHANGES
	

The Committee recommends that the Attorney General direct DOJ agencies working in Indian 

Country to: 

2-A: Develop specific interviewing and hiring criteria for internal and external candidates assigned 

to work in Indian Country-related positions to ensure that candidates demonstrate the requisite 

skills and competence for these positions. 

2-B: Require employees assigned to work in Indian Country-related positions to complete DOJapproved training on tribal sovereignty, working with tribal governments, and the impact of 

historical trauma and colonization on tribal nations within the first 60 days of their job assignment. 

2-C: Require employees who work for agencies with investigative, prosecutorial, or victim services 

responsibilities in Indian Country to complete DOJ-approved training on sexual violence, crime 

victims’ rights, the impact of trauma, the personal and public health implications of sexual violence, 

and coordinated community responses to sexual violence within 60 days of their job assignment. 

2-D: Require employees who perform investigative, prosecutorial, or victim assistance functions 

for USAO Districts or FBI Field Offices/Resident Agencies to complete DOJ-approved training 

on sexual violence that is relevant to the employee’s position and work responsibilities (e.g., law 

enforcement personnel should receive training on conducting sexual violence investigations, 

prosecutors should receive training on the effective prosecution of sexual violence cases, etc.) 

within one year of their job assignment. 

2-E: Ensure that employees who perform investigative, prosecutorial, or victim assistance 

functions for USAO Districts or FBI Field Offices/Resident Agencies are provided with a local, 

community-specific orientation on tribal leadership and customs, and the unique strengths of and 

challenges facing those particular tribal nations. This orientation should be conducted in 

partnership with local tribes. 

2-F: Establish or strengthen personnel policies to ensure that every employee who performs 

investigative, prosecutorial, or victim assistance functions for USAO Districts or FBI Field 

Offices/Resident Agencies is annually assessed to determine the extent to which his/her 

performance is responsive to the needs of victims of sexual violence in the tribal nations served. 

18 

 

 

 

The Department of Justice will continue taking steps to institutionalize its commitment to tribal justice, 

so that progress in areas important to tribes continues regardless of changes in Department personnel. 

DOJ Proposed Statement of Principles for Working with Federally Recognized Indian Tribes 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Coordination Committee Report to Attorney General Holder
	

ISSUE 3: DEPARTMENT OF JUSTICE GRANT SOLICITATIONS AND 

FUNDING 

In Tribal Consultations and through other 

communications, representatives from tribes and tribal 

organizations routinely express the limitations of 

DOJ’s grant-based approach for funding victim 

services in tribal nations. Tribal leaders have 

suggested various changes to federal grant solicitations 

and alternatives for a sustained source of funding for 

tribal criminal justice programs, such as a Victims of 

Crime Act (VOCA) tribal set-aside.19 To ensure that 

every victim of sexual violence in an AI/AN 

community receives seamless, victim-centered, and 

culturally appropriate responses from federal, state, and 

tribal responders, the Committee recommends that the 

Attorney General pursue every means possible to 

secure dedicated, sustainable funding streams for tribal 

victim assistance programs. 

It is also critical that DOJ grantmaking agencies work 

together to develop strategic, collective program plans 

that reflect what DOJ wants to accomplish through its 

tribal grant programs. Further, no matter what 

approaches DOJ ultimately takes in regard to tribal 

program funding, it is crucial that tribes and tribal 

organizations be consulted in the planning process to 

ensure that programs are realistic and appropriate, any 

new approaches do not place unnecessary limitations on prospective grantees, and essential victim 

services are sustained. 

. . . DOJ’s grant-based funding 

approach creates uncertainties in 

system planning; Tribal 

governments legitimately ask 

why—unlike their State and local 

counterparts—should they rely on 

such inconsistent sources to pay 

for governmental functions. Grant 

funding also requires Tribal 

governments to compete for and 

“win” grant funds, which means 

other Tribes did not. Further, 

small Tribes and Tribes with 

thinly stretched human capital 

lack the capacity to write a 

“winning” application, yet these 

Tribes often have 

disproportionate criminal justice 

needs. Finally, many grants 

awarded to Tribes contain so 

much bureaucratic red tape that 

the balance of the Federal funds 

awarded goes unused. 

The Indian Law and Order 

Commission, Executive 

Summary, pg. xvii 

In addition to changes in how DOJ develops and manages its grant programs, the Committee has 

identified changes to current grant solicitations that would allow tribes and tribal organizations to 

use funding to best meet the needs of their communities, provided specific recommendations 

related to VOCA funding, and noted three special funding areas for DOJ to consider in future 

funding and solicitation cycles. 

19 The National Congress of American Indians has had a standing resolution since 2010 calling for a VOCA tribal set-aside. As part 

of its 2012 Office on Violence Against Women Tribal Consultation comments, NCAI recommended “either a 10% tribal set-aside 

within the Victims of Crime Act (VOCA) or, alternatively, a $100 million ‘above the cap’ reserve in VOCA.” 

http://tloa.ncai.org/documentlibrary/2012/10/2012%20%20TJSW_OVW%20Consultation%20Comments.pdf. 

19 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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We need culturally sensitive services available for our women who have been victimized and for their families. We 

also need the ability to provide sustainable services, because nothing is more disturbing for a community than the 

withdrawal of services upon which the community members have come to rely. 

Todd Hembree, Attorney General, Cherokee Nation of Oklahoma 

OVW 2012 Tribal Consultation Report 

RECOMMENDATIONS FOR DOJ GRANT SOLICITATIONS AND FUNDING 

The Committee recommends that the Attorney General direct DOJ grantmaking agencies that 

provide victim assistance grants to tribes and tribal organizations to: 

3-A: Align their grant-making efforts by— 

 Ensuring that there are dedicated grantmaking and policy staff in each agency and tasking 

these staff to develop a DOJ strategic plan for tribal funding;20 

	 Building on the logistical structure of the Coordinated Tribal Assistance Solicitation 

(CTAS) to engage in strategic, collective program planning to govern the focus and 

dissemination of DOJ tribal victim assistance funds;21 and 

	 Consulting with tribal representatives in the planning stages of all solicitations. 

3-B: Continue to make tribal solicitations more responsive to the needs of tribes and tribal 

organizations by— 

 Allowing and encouraging tribal applicants to propose realistic project startup times 

without penalty;22 

	 Allowing and encouraging tribal applicants to propose realistic, achievable project 

benchmarks without penalty so that if awarded a grant, the applicant is able to demonstrate 

success; 

	 Allowing funding to be used for cultural practices related to sexual violence response that 

include, but are not limited to, gifts/offerings, meals/food, and transportation and lodging 

for traditional ceremonies;23* 

20 Some DOJ agencies have dedicated grant management and dedicated program/policy staff, while in other agencies, staff 

performs both roles. If every DOJ grantmaking agency had staff focused what DOJ wants to accomplish with its tribal grant 

funding, those individuals could collaborate with their DOJ grantmaking agencies counterparts to develop a strategic plan for tribal 

funding.

21 CTAS has proved to be successful from a logistical and structural perspective. However, it has not solved the larger issues of 

sustainable funding and strategic approaches to providing funding. Given the success of CTAS to coordinate the available funding 

from DOJ agencies, the CTAS structure should be built upon to expand beyond logistics and focus on strategic approach to funding 

by all DOJ grant-making agencies. That approach should include a recognition that the CTAS solicitation must be reflective of 

realistic program plans and that allow tribal organizations to honestly assess and express how long it will take to achieve key 

milestones. Agencies should be more intentional when planning solicitations in order to engender success by grant recipients. 

22 Sexual violence initiatives in tribal nations often require significant startup time due to resource limitations, yet federal 

solicitations generally require applicants to propose quick startups in order to remain competitive. This sets up a scenario where 

right from the start, the proposed activities may not be successful when implemented.

23 Many federal grants come with strict restrictions as to how funding can be used, especially in regard to food. These restrictions 

are culturally insensitive to tribal nations and Native survivors of sexual assault because in some tribal nations, providing meals and 

20 
 

 Recognizing and rewarding mentoring and peer support activities between and among 

tribes by ensuring noncompetitive continuation funding for critical victim services;24 

 Recognizing and rewarding tribal applicants for proposed grant activities that will address 

the needs of vulnerable and marginalized populations within tribal nations; and 

	 Revisiting the requirement for “evidence-based practices” in federal solicitations and 

creating a new framework by which tribal applicants can document a project’s impact 

without the inherent limitations that the term “evidence-based” connotes.25 

3-C: Consider whether a realistic approach to sustainable victim services-related funding for tribal 

nations would be a tribal set aside in all DOJ grant programs. 

 

 

 

 

 

 

 

 

 

 

 

 

Victims of Crime Act (VOCA) Funding 

The Committee acknowledges and strongly 

supports the Administration’s FY15 Crime 

Victims Fund budget that expands resources by 

raising the Fund cap to $810 million and 

directing $20 million to tribal victim assistance 

through Vision 21. Building on this positive step, 

the Committee recommends that the Attorney 

General: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Over the past 5 years, our tribe has been 

successful at building a continuum of services 

for domestic violence, with significant 

assistance from the DOJ. . . .We have a range 

of services, but the stability of funding to 

maintain those services is very, very tenuous. . 

. . As a tribe, we are 5 years into this process, 

and people are just starting to come forward 

to receive services—people in the community 

we never would have suspected to have these 

problems—and they are just starting to 

believe help is available for them. When our 

programs aren’t consistent because of funding 

gaps, any effort at continuity is gone, and 

people lose the belief that help is truly 

available. They don’t return for critical 

services again. Promoting continuity of 

funding and services in Indian Country is 

critical. 

Leonard Harjo, Principal Chief, Seminole 

Nation of Oklahoma 

OVW 2012 Tribal Consultation Report 

National Coordination Committee Report to Attorney General Holder 

3-D: Support a DOJ budget request for FY16 and 

future years that acknowledges the need to 

substantially raise the Crime Victims Fund cap so 

that more discretionary funding can be directed to 

tribal victim assistance programs.* 

3-E: Support an amendment to VOCA to establish 

a dedicated set-aside for Indian tribes.* 

3-F: Support an amendment to VOCA to make 

state VOCA victim assistance funding contingent 

on the administering state agency’s ongoing outreach to all tribes in the state to facilitate tribes’ 

certain gifts are absolutely essential in ceremonies designed to support survivors of sexual violence. Restrictions that may 

otherwise apply to applicants should not be applied to culturally-necessary purchases for giveaways and feasts. 

24 The Committee recognizes that the mentor tribal applicant may jeopardize its ability to be competitive for future grant funding if 

it builds the capacity of another tribal applicant who may be competing for the same future grant funding. As such, the Committee 

recommends offering non-competitive additional funding to applicants who provide mentoring and/or peer support as part of their 

grant activities. 

25 Sexual assault advocacy programs in tribal nations have not always had the opportunity to establish scientific proof of success 

due to limited funding and lack of access to qualified researchers. As a result, there are few, if any, “evidence-based practices” that 

have relevance to tribal nations. Additionally, in many tribal nations there exists a historic mistrust of academic researchers 

because some research has taken place without the permission of the tribal community and has not accurately taken into account 

the complexities of tribal nations. As such, requiring tribal applicants to implement “evidence-based practices” is inappropriate. A 

better approach would be to provide funding to tribally-based, local researchers. 

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National Coordination Committee Report to Attorney General Holder
	

access to victim assistance and victim compensation funds until such a time as dedicated, direct 

funding is available to tribes through federal grant programs.* 

3-G: Support an amendment to VOCA to require states with a significant number of tribal nations 

to implement a tribal liaison program similar to the one that OVC currently supports in 

Oklahoma26 until such a time as dedicated, direct funding is available to tribes through federal 

grant programs. This new mandate should also include funding directed specifically to the 

development of such programs.* 

The Department of Justice believes that stable funding at sufficient levels for essential tribal 

justice functions is critical to the long‐term growth of tribal institutions. 

DOJ Proposed Statement of Principles for Working with Federally Recognized Indian Tribes 

Special Funding 

The Committee recommends that the Attorney General allocate special funding for the 

following: 

3-H: Training and technical assistance to tribal justice system personnel who require access to 

confidential federal case information (medical records, investigative records, forensic interview 

reports, lab reports, etc.). Special funding also should be provided to obtain the necessary 

equipment and software to store and secure confidential files in compliance with federal 

standards.27 

3-I: Training for internal and external grant peer reviewers so that grant proposals submitted by 

tribal applicants will be properly assessed.28 

3-J: Training and technical assistance to tribal child/adolescent forensic interviewers, including 

opportunities to engage in peer reviews and receive training on testifying in court to build their 

capacity to provide forensic interviews for and testify in federal cases. 

26 OVC funds an Oklahoma District Attorneys Council State-Tribal Liaison who works with 38 tribes to improve communication 

between crime victims and the State of Oklahoma to enhance VOCA victim assistance and compensation services. OVC Fact 

Sheet, July 2013, http://www.ovc.gov/pubs/TribalVictimsofCrime/intro.html. 27 Many tribes lack sufficient infrastructure for the collection, storage and transportation of federal law enforcement investigation 

reports, interviews, photos and forensic interviews. Funding and training is essential for tribes to meet the high standards set by 

federal law enforcement agencies to share their investigative work product. Without such efforts, certain cases, especially those 

which are solely investigated by federal law enforcement but are ultimately declined for federal prosecution will not be prosecuted 

tribally if the tribal law enforcement and prosecutors do not have access to the federal law enforcement material. Information 

sharing of federal law enforcement investigative material is also vital for joint prosecutions of cases in which both the Federal 

Government and the tribes have an interest. 

28 DOJ peer reviewers for grant programs involving tribal applicants should be provided with appropriate training to enable them to 

effectively evaluate grant proposals submitted by tribes and tribal organizations. This training could include tribal sovereignty and 

the Federal Government’s trust responsibility with tribes, as well as key terminology and definitions used by tribal nations. 

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ISSUE 4: PUBLIC SAFETY AND PUBLIC HEALTH 

Sexual violence is pervasive, in part because of the serial nature of offenders. Most perpetrators 

have multiple victims.

29 Responders to sexual violence crimes must respect a victim’s autonomy 

while also acknowledging that there is a public health and public safety component to the crime. 

The entire community is affected by sexual violence. All aspects of sexual violence response must 

focus on the victim and her/his needs, as well as address the broader issues of public safety and 

public health. 

If Native victims of sexual violence are to receive the 

response and justice to which they are entitled, sexual 

violence must be prioritized by federal and tribal agencies. 

This prioritization requires appropriate levels of staffing for 

law enforcement, prosecutors, and victim services personnel. 

At present, federal staffing levels for these positions in Indian 

Country are insufficient to address the high incidence of 

sexual violence against Native women, children, and men. 

A critical aspect of an adequate response to victims of sexual 

violence is reducing the time it takes for crime labs to process 

sexual assault evidence. Long delays in processing forensic 

evidence can jeopardize both federal and tribal cases. At 

times, the tribal statute of limitations expires before federal 

prosecutors receive forensic evidence results and are able to 

determine if the case will be prosecuted federally.

30 

To further increase public safety across Indian Country, tribes 

need appropriate access to the National Crime Information Center (NCIC) where information 

about arrests, convictions, and orders of protection can be entered and viewed by a wide range of 

law enforcement personnel.

31 Some tribes already have partial or full access to NCIC data through 

the Bureau of Indian Affairs or via partnerships with certified agencies. Other tribes could benefit 

from direct access if complexities related to eligibility and infrastructure requirements could be 

resolved and if a single entry point could be identified within DOJ to help determine eligibility 

and provide information and support to apply for access. 

One of the most basic needs 

throughout Indian Country is 

additional officers on the street. 

Less than 3000 federal and tribal 

officers patrol 56 million acres of 

Indian land. On many reservations, 

there is no 24-hour police 

coverage. Police officers often 

patrol and respond alone to both 

misdemeanor and felony calls. As a 

result, tribal and BIA police 

officers are placed in great danger 

because back up can be miles or 

hours away, if available at all. 

Myra Pearson 

Chairwoman, Spirit Lake Tribe 

Testimony before the Senate 

Committee on Indian Affairs 

http://www.indian.senate.gov/sites/d 

efault/files/upload/files/MyraPearson 

testimony.pdf 

29 Lisak, D. (2002) The Undetected Rapist.
	 30 Anecdotally, responders in tribal nations report regularly waiting for extended periods — sometimes over a year — for evidence
	

processing from the FBI Laboratory.

31 The ability for tribal law enforcement personnel to view and input data will enhance the overall purpose of NCIC to serve as a 

clearinghouse of information on arrests, warrants, convictions, restraining orders, protective orders, and sex offender registry.
	

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National Coordination Committee Report to Attorney General Holder
	

Sexual violence is also a significant public and personal health issue. Victims of sexual violence 

experience harm to body, mind, and spirit, and sexual violence responses should include holistic 

support for the victim. Federal responders, along with their tribal partners, can and should 

facilitate victims’ access to health care, whether or not a victim chooses to participate in the 

criminal justice system. Many Native victims desire to participate in cultural practices for 

cleansing or healing following a sexual assault. In some cases, participation in certain practices, 

such as sweat lodges, may disrupt the standard way that law enforcement collects evidence (such 

as by asking victims of sexual assault not to shower or clean up in order to preserve evidence). 

While a potential loss of evidence may be a concern for federal responders, participation in 

cultural practices is the right of a victim and must be respected. Federal responders should take 

this into consideration as they discuss options with a victim of sexual violence and explain the 

process of evidence collection, the use of evidence in a criminal case, and the potential loss of 

evidence when a person participates in a cultural practice prior to evidence collection. 

In addition to ensuring a victim’s right to participate in cultural practices, it is imperative that 

sexual violence be addressed as a health care issue, not just a criminal justice issue.

32 The costs 

associated with providing treatment to Native victims of sexual violence — such as costs for the 

medical forensic exam and followup sexual violence services — are typically covered by IHS or 

tribal health care facilities. However, these costs often are not covered for victims who are 

referred to or report to other health care facilities. The health care industry, local health care 

providers, and federal agencies with health care and related missions must prioritize sexual 

violence services and treat medical forensic sexual assault exams and followup services as 

medically necessary components of health care if every Native victim of sexual violence is to 

receive comprehensive services in the aftermath of an assault. Prioritizing sexual violence and 

recognizing it as a health care issue is even more critical in tribal communities where access to 

health care, victim advocacy, and law enforcement response may be especially limited. 

The Committee’s recommendations for public safety and public health address the importance of 

prioritizing the federal response to sexual violence in tribal nations, including appropriate federal 

staffing levels and expediting forensic evidence processing, as well as access to NCIC and the 

health care of victims. 

32 The Department of Justice’s A National Protocol for Sexual Assault Forensic Examinations was developed as a guide for all 

practitioners who respond to victims of sexual assault and lays the foundation for comprehensive victim-centered health care 

following sexual violence. This Protocol is a critical piece of an overall effort to encourage the healthcare and public health 

communities to recognize that sexual assault has much broader implications than just criminal justice issues. The dual purpose of 

the examination — addressing the patient’s healthcare needs and the collection of forensic evidence — by its nature brings together 

health care and criminal justice personal. www.ncjrs.gov/pdffiles1/ovw/241903.pdf. 

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RECOMMENDATIONS FOR PUBLIC SAFETY AND PUBLIC HEALTH 

Consistent with a higher priority being given to issues related to sexual violence in tribal 

nations, the Committee recommends that the Attorney General: 

4-A: Ensure sufficient staffing in USAO Districts and FBI Field Offices/Resident Agencies in 

Indian Country, as well as within Headquarters entities that support field personnel, in order to— 

 Properly investigate and prosecute sexual violence crimes in Indian Country; 

 Maintain critical investigative, prosecutorial, and victim services functions without gaps 

during times of attrition; 

 Encourage and reward longevity, as building relationships with tribes is a key component 

of culturally appropriate, victim-centered sexual violence response in tribal nations; and 

 Provide appropriate training, equipment, and support to Special Agents working in Indian 

Country. 

4-B: Recognize that federal prosecutors’ “win/loss” record is not necessarily indicative of a 

prosecutor’s efficacy in and commitment to working in Indian Country. Rather, create a 

performance standard that is based on factors beyond wins and losses, including outreach to tribal 

leaders and victims, training received or delivered, successful and innovative collaboration with 

federal and tribal partners, and specific efforts to enhance a victim-centered prosecution process. 

4-C: Ensure the expeditious processing of sexual assault kits from Indian Country. In 2010, the 

FBI established agreements with the Arizona Department of Public Safety and the South Dakota 

Division of Criminal Investigation Forensic Laboratories to expedite the processing of kits from 

tribal nations in these states. FBI personnel in these locations cite faster turnaround times, closer 

proximity of laboratories for larger pieces of evidence, and facilitation of working relationships 

between the FBI and local law enforcement personnel.33 Assistant United States Attorneys in 

these locations also report a significant reduction in the time it takes to process evidence. 

Contracting with additional state crime labs, especially in locations with numerous federal sexual 

violence cases, may provide faster processing of evidence across Indian Country. 

33Audit of the Federal Bureau of Investigation Laboratory’s Forensic DNA Case Backlog, U.S. Department of Justice, Office of the 

Inspector General, Audit Division, Audit Report 12-39, Sept 2012 (p 14-15), http://www.justice.gov/oig/reports/2012/a1239.pdf. 

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National Coordination Committee Report to Attorney General Holder 

Perpetrators of domestic violence, sexual assault, and stalkers often move to other reservations, 

states, or counties, and law enforcement are unaware of their presence, or their past, which 

makes tracking systems like NCIC especially important. 

Leo Steward, Vice Chairman, Confederated Tribes of the Umatilla Indian Reservation
	

OVW 2012 Tribal Consultation Report
	

4-D: Develop a formal, clear and transparent process to provide support to tribal law enforcement 

entities and their designated personnel in gaining access to NCIC.34 

Public Health 

While adult victims of sexual assault may not always choose to participate in the criminal justice 

system, the Committee recognizes that sexual violence is a public safety, public health, and 

personal health care issue. Therefore, the Committee recommends that the Attorney General: 

4-E: Require that DOJ agencies direct all federal responders to sexual violence to— 

 Facilitate victims’ access to health care providers and exam sites; 

 Inform victims about local health care resources; and 

 Facilitate victim’s access to cultural, spiritual, and ceremonial practices, while ensuring that 

the victim has complete information about potential consequences for evidence collection. 

4-F: Support measures taken by federal agencies or the health care industry that recognize sexual 

violence as a health care issue, recognize medical forensic sexual assault exams and followup 

services as medically necessary components of health care, and/or promote coverage of medical 

forensic exams and followup services as health care expenses. Such measures may include the 

following: 

 Standardization of care for treatment of sexual violence victims; 

 Coverage for exams regardless of where the assault occurred; 

 Provision of mental health care for survivors; 

 Availability of health care provider training to conduct the exams; 

 Accessibility of followup services such as advocacy, medical treatment, and counseling; 

and 

 Provision of direct reimbursement for hospitals and facilities using health care dollars, 

rather than limiting access to funding provided for criminal justice issues only. 

34 Under TLOA, the Bureau of Indian Affairs, Office for Justice Services is responsible for “providing technical assistance and 

training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center 

and other national crime information databases pursuant to section 534 of title 28, United States Code.” 

http://www.justice.gov/usao/az/IndianCountry/Tribal%20Law%20%20Order%20Act%202010.pdf, SEC. 211. Office for Justice 

Services Responsibilities, pg. 7. The Committee believes that tribal law enforcement entities would also benefit if DOJ developed 

a formal process to assist tribal law enforcement entities with NCIC access. 

26 
A NOTE ABOUT DATA COLLECTION AND RESEARCH 

In the past several years, statistics about the high rate of sexual violence in tribal nations have 

circulated in the national media and dominated local and national discussions about violent crime 

in Indian Country. One thing is clear: Native women35 

 

 

 

 

 

 

National Coordination Committee Report to Attorney General Holder
	

suffer the highest rates of sexual assault in the United 

States.36 While no single set of facts explains this 

statistical disparity, most experts believe that a 

combination of factors, including the long history of 

marginalization and oppression of Native people, have 

combined to create a "perfect storm" of circumstances 

that allow violence against women to thrive. 

There is much we still do not know about the 

underlying causes for this proliferation of crime in 

Indian Country. Many tribal advocates report that 

sexual assault rates are much higher than official 

national statistics indicate — as high as 80 to 90 percent 

— in some communities. 

When Tribes have accurate data, 

they can plan and assess their law 

enforcement and other justice 

activities. Without data and access 

to such data, community 

assessment, targeted action, and 

norming against standards are 

impossible. The Commission found 

that systems for generating crime 

and law enforcement data about 

Indian country either are nascent 

or undeveloped. 

From The Indian Law and Order 

Commission Report, Executive 

Summary, pg. xv 

As the Committee discussed solutions to the challenges of sexual violence response in tribal 

nations, one common theme was the need to know more about who is victimized, what types of 

sexual violence are most prevalent, and why some victims seek help and others do not disclose. 

The lack of good data, both nationally and locally, makes it difficult for tribes, tribal 

organizations, allied organizations, state and local governments, and the Federal Government to 

efficiently and proactively address the problem. Additionally, the lack of accurate data leads to a 

lack of sound, collective, strategic federal policy aimed at leveraging federal resources and 

personnel to address sexual violence in tribal nations. Although the Attorney General and DOJ 

agencies can begin the process of implementing the recommendations proposed in this Report 

without delay, the Committee recognizes that data collection and culturally appropriate research 

would equip DOJ to capitalize on its implementation efforts to meet specific needs. Any effort 

that the Attorney General and DOJ agencies can take to make tribal leaders more aware of the 

35 The Committee recognizes that Native men and children also experience an elevated rate of sexual violence and the 

recommendations in this document are intended to apply to the response to any and all Native victims of sexual violence.
	

36 Steven W. Perry, Bureau of Justice Statistics, American Indians and Crime: A BJS Statistical Profile, 1992-2002 (2004), 

http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=386. Additionally, see Ronet Bachman et al., Estimating the Magnitude of Rape
	

and Sexual Assault Against American Indian and Alaska Native Women, 43 Austl. & N.Z. J. CRIMINOLOGY 199 (2010).
	

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National Coordination Committee Report to Attorney General Holder
	

importance of data collection and culturally appropriate research — and to provide training and 

technical assistance to help tribes collect data and conduct research — would be important steps 

toward the solid policy and sound response that tribal nations deserve from the Federal 

Government.37 

37 The Reauthorization of the Violence Against Women Act of 2005, Title IX, Section 904(a)(1)(2), authorizes the National Institute 

of Justice (NIJ), in consultation with the U.S. Department of Justice's Office on Violence Against Women, to conduct research on 

violence against American Indian and Alaska Native women in Indian Country. The purpose of the research program is to: 1) 

examine violence against American Indian and Alaska Native women (including domestic violence, dating violence, sexual assault, 

stalking and murder) and identify factors that place American Indian and Alaska Native women at risk for victimization; 2) 

evaluate the effectiveness of federal, state, tribal, and local responses to violence against American Indian and Alaska Native 

women; and 3) propose recommendations to improve effectiveness of these responses. See http://www.ovw.usdoj.gov/section904-

taskforce.html. The Committee believes that research projects such as this can provide significant information regarding sexual 

violence against AI/AN children and adults and encourages DOJ to prioritize additional data collection and analysis. 

28 
 

 

National Coordination Committee Report to Attorney General Holder
	

SUGGESTED STEPS TOWARD 

IMPLEMENTATION OF THE NATIONAL 

COORDINATION COMMITTEE’S 

RECOMMENDATIONS
	

The Committee offers the following suggestions as possible steps 

that the Attorney General and/or Department of Justice agencies 

can take to implement the recommendations.
	

29 
National Coordination Committee Report to Attorney General Holder
	

30 
ISSUE 1: FEDERAL AGENCY COLLABORATION AND COORDINATION AT 

THE LOCAL LEVEL 

Development of District-specific, Written Guidelines 

	 To verify and ensure compliance with this recommendation, as well as other 

recommendations, the Attorney General could task a senior level staff member within DOJ 

to oversee implementation (such as the Associate Attorney General or a senior level staff 

member within the DOJ’s Office for Tribal Justice). 

A template for District-based, written guidelines, including sample disclaimer language, 

could be developed in coordination with federal and local partners, and provided to 

USAOs for use in documenting Districts’ response to sexual violence and law enforcement 

reporting structures. 

In addition to District-specific, written guidelines, responders could develop a Resource 

Manual that would include relevant tribal and federal stakeholders’ contact information 

and local resources for survivors of sexual violence. 

	 

	 

Coordination of Child/Adolescent Forensic Interviews 

	 Federal personnel in each District could be tasked with identifying all trained and qualified 

forensic interviewers in the local area. 

Federal personnel in each District could be tasked with taking steps to build the capacity of 

local and tribal forensic interviewers so that local/tribal interviewers are able to provide 

forensic interviews for federal cases. This would include the provision of training, support 

of peer review opportunities, and related activities. 

	 

ISSUE 2: DEPARTMENT OF JUSTICE PERSONNEL POLICY CHANGES 

Mandatory Training 

	 Federal agencies could identify existing, respected training programs on working with 

tribal governments—including tribal sovereignty and the long-standing impact that 

historical trauma and colonization have had on tribal nations — such as those below, 

and/or develop agency-specific training on these topics. 

o	 Working Effectively with Tribal Governments http://www.tribal.golearnportal.org 

o	 DOJ’s National Indian Country Training Initiative Courses at the National 

Advocacy Center. For example: 

 Criminal Jurisdiction in Indian Country 

National Coordination Committee Report to Attorney General Holder
	

31 
National Coordination Committee Report to Attorney General Holder
	

	 Federal agencies could identify existing, respected training programs on sexual violence — 

including aspects of sexual violence specific to various job roles — and/or develop 

agency-specific trainings. The resources below address many aspects of sexual violence 

response and could be used to support agencies in meeting the training requirements. 

o	 Office for Victims of Crime (OVC) SART Toolkit: Resources for Sexual Assault 

Response Teams http://ovc.ncjrs.gov/sartkit/ 

o	 Office for Victims of Crime (OVC) video: SARTs: Partnering for Success 

http://ojp.gov/ovc/library/videoclips.html#sart. 

o	 DOJ’s National Indian Country Training Initiative Courses at the National 

Advocacy Center. For example: 

 Tribal Liaison, Tribal SAUSA, and Indian Country AUSA Training 

 Investigation and Prosecution of Child Fatalities, Neglect, and Abuse 

 Child/Adolescent Forensic Interviewing Course 

 Sexual Assault Nurse Examiners’ Expert Witness Training 

 Investigating and Prosecuting Indian Country Domestic Violence and 

Sexual Assault Crimes 

o	 End Violence Against Women International’s Online Training Institute (web-based, 

law enforcement-specific online training, training bulletins, and resources) 

http://olti.evawintl.org/Courses.aspx 

o	 National Indian Country Clearinghouse on Sexual Assault http://niccsa.org/ 

o	 Indian Health Service Sexual Assault Examiner training: 

http://www.tribalforensichealthcare.org/ 

o	 OVC online curriculum, Sexual Assault Advocate/Counselor Training (all training 

materials, including an Instructor Manual and Participant Manual that can be 

downloaded) https://www.ovcttac.gov/saact/index.cfm 

o	 OVC online curriculum, Victim Assistance Training (VAT) Online (self-paced 

training on a broad range of victim services topics) 

https://www.ovcttac.gov/views/TrainingMaterials/dspOnline_VATOnline.cfm 

	 Federal agencies could be tasked to assign a senior level staff member in each USAO 

District or FBI Field Office/Resident Agency to ensure that soon after a new employee 

reports to a work assignment, he/she is personally introduced to tribal leaders, first 

responders, and victim services personnel with whom the employee will work. 

Employee Assessments 

	 Performance reviews and evaluations for federal employees working with tribal nations 

could be revised to include factors of cultural competency, knowledge of the Federal 

Government’s trust responsibility with tribes to ensure safety and justice in tribal nations, 

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knowledge of sexual violence dynamics and impact, and an employee’s specific efforts to 

advance victim-centered responses to sexual violence. 

	 Supervisors could be required to include a discussion during performance reviews specific 

to each employee’s strengths and weaknesses relative to building relationships and 

working respectfully with tribal victims, tribal contacts, and allied professionals. 

Supervisors could also provide ongoing training, as needed, to build employees’ capacity 

in areas of cultural competency and sexual violence response. 

	 Supervisors could be required to document any positive or negative feedback provided by 

a victim about a federal employee working with tribal nations, take this feedback into 

consideration while assessing an employee’s performance, and address the feedback with 

the employee as part of the employee’s annual review. 

ISSUE 3: DEPARTMENT OF JUSTICE GRANT SOLICITATIONS AND 

FUNDING 

Strategic, Collective Program Planning and Changes to Grant Solicitations 

	 DOJ grantmaking agencies could be tasked with building on the logistical structure of the 

Coordinated Tribal Assistance Solicitation (CTAS) to engage in strategic, collective 

program planning. 

	 The CTAS structure could be built upon to expand beyond logistics and focus on strategic 

approach to funding by all DOJ grantmaking agencies. Such an approach could include a 

recognition that the CTAS solicitation must be reflective of realistic program plans that 

allow tribal organizations to honestly assess and express how long it will take to achieve 

key milestones. DOJ agencies could be encouraged to be more intentional when planning 

solicitations in order to ensure grant recipients’ success. 

	 CTAS solicitation language could be revised to reflect the fact that programs in tribal 

nations often require an extended startup period and that reaching milestones may take 

significant time. Within the solicitation, tribal applicants could be encouraged to submit 

proposals that accurately express the timeframes realistically needed to achieve milestones. 

	 DOJ personnel could be required to consult with tribal representatives in the planning 

stages to understand the real needs in tribal nations that CTAS and program plans are 

aimed at addressing, such as funding for the development of community-based advocacy 

for sexual violence responses. 

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	 DOJ personnel could be required to consult with tribal representatives in solicitation 

planning and development stages to ensure that performance measures are responsive and 

appropriate for tribal nations. 

	 DOJ agencies could be encouraged to consider using cooperative agreements (as opposed 

to grants) to allow the agencies and tribal applicants/grantees to work together to identify 

key benchmarks, set realistic deadlines based on the unique situation of the tribe or tribal 

organization, and allow portions of funding to be accessed for each milestone (or set of 

milestones) so the entire project does not need to be completed in a traditional 2- or 3-year 

grant cycle. 

	 DOJ agencies could be tasked with ensuring that federal funding is available to tribal 

sexual assault programs that propose culturally-specific promising and/or innovative 

practices, not just evidence-based practices. 

	 Federal funding could be allocated to allow DOJ agencies to provide technical assistance 

to tribes and tribal organizations applying for federal grants to build the capacity of tribal 

nations to appropriately define what will constitute success in their programs and measure 

that success. 

	 DOJ agencies could be encouraged to recognize and reward grantee benchmark 

achievements by facilitating noncompetitive continuation funding for critical victim 

services unless prohibited by statute. 

Victims of Crime Act Funding 

	 The Attorney General could support a DOJ budget request for FY16 and future years that 

acknowledges the need to substantially raise the Crime Victims Fund cap so that more 

discretionary funding can be directed to tribal victim assistance programs without 

compromising or competing with the current services and programs that are funded 

through VOCA. The Office of Management and Budget projects there will be $11.431 

billion in the Fund in 2014,38 yet for FY14 Congress capped VOCA spending at $745 

million.39 Given the need for comprehensive services and programs in tribal nations, an 

increase to the VOCA cap is critical. 

38 National Association of VOCA Assistance Administrators, http://navaa.org/budget/index.html#. 39 The FY 2014 Omnibus Appropriations Act enacted by Congress and signed by the President sets the VOCA cap at $745 million,
	

an increase of $15 million over the FY 2013 VOCA cap. Together with an expected decline in state crime victim compensation
	

grants, FY 2014 state VOCA assistance grants are anticipated to increase by about 6 percent. Despite this increase, support for 

direct victim assistance remains 13 percent behind, in real, inflation-adjusted dollars, than funding in 2000. This means that 

providers are unable to even keep pace with increased costs. National Association of VOCA Assistance Administrators, 

http://navaa.org/budget/index.html#. 

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	 In recognition of the critical importance of a dedicated, sustained source of funding for 

tribal victim assistance programs, the Attorney General could support an amendment to 

VOCA to establish a dedicated set-aside for Indian tribes. 

	 State VOCA administrators are in a unique position to develop relationships with tribes 

and make tribes aware of VOCA-related funding sources. As such, the Attorney General 

could support an amendment to VOCA to make funding contingent on VOCA 

administrators’ successful efforts to build relationships with the tribes in their state and 

inform tribes about the availability of VOCA victim assistance and victim compensation 

funding until such a time as dedicated, direct funding is available to tribes through federal 

grant programs. 

	 The Attorney General could support an amendment to VOCA to require VOCAadministering agencies in states with six or more federally recognized tribes to implement 

a tribal liaison program to ensure ongoing and direct communication between the 

administering agency and the state’s tribes until such a time as dedicated, direct funding is 

available to tribes through federal grant programs. The tribal liaison program could be 

modeled after OVC’s program in Oklahoma, where the Oklahoma District Attorneys 

Council State-Tribal Liaison works with 38 tribes to improve communication between 

crime victims and the State of Oklahoma to enhance VOCA victim assistance and 

compensation services. 

	 FBI Victim Specialists, USAO Victim/Witness Coordinators, and other federal responders 

could be tasked with providing information to tribes and victims about the availability of 

VOCA assistance and compensation funds and how to access those funds. 

ISSUE 4: PUBLIC SAFETY AND PUBLIC HEALTH 

Sufficient Staffing 

	 The Attorney General could direct the Director of the FBI to ensure that staffing levels are 

sufficient to appropriately respond to Indian Country crimes, especially violent crimes 

against AI/AN victims. Sufficient staffing is needed in Field Offices/Resident Agencies 

that investigate sexual violence in tribal nations and the Indian Country Crimes Unit at FBI 

Headquarters that supports personnel in the field. 

	 As part of the request for raising the Crime Victims Fund cap, the Attorney General could 

ask for set-aside funding specifically for the Office for Victims of Crime to establish a 

permanent program and staff positions dedicated to sexual violence response in tribal 

nations that would complement and coordinate with the Office on Violence Against 

Women’s Tribal Sexual Assault Services Program. 

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	 As part of the request for raising the Crime Victims Fund cap, the Attorney General could 

request increased funding for Indian Country-designated FBI Victim Specialists and 

USAO Victim/Witness Coordinators. 

	 Given the limited funding available to the Bureau of Indian Affairs (BIA) to adequately 

respond to and address the needs of survivors of sexual violence, the Attorney General 

could support an amendment to VOCA that establishes a set-aside for BIA Victim 

Specialist positions, similar to the set-aside for FBI Victim Specialist and USAO 

Victim/Witness Coordinator positions. BIA currently operates 43 tribal law enforcement 

programs and staffs 10 Victim Specialists across nine law enforcement Districts. BIA 

Victim Specialists possess the unique ability to respond to crime victims both in tribal and 

federal jurisdictions. The BIA Victim Specialists are accustomed to working within 

indigenous justice systems where customary laws and traditions continue to exist. 

Expedited Evidence Processing 

	 The Attorney General could task the FBI Director to direct the FBI’s Indian Country 

Crimes Unit to form agreements with additional state crime labs to facilitate local 

processing of kits, using the model of the Arizona and South Dakota agreements. 

	 Alternatively, the Attorney General could task the FBI Director to take all necessary steps, 

procedurally and from a staffing perspective, to ensure the efficient, prioritized processing 

of sexual assault kits from tribal nations at the FBI Laboratory. 

Development of a Formal Process to Assist Tribal Law Enforcement Entities with NCIC Access 

	 To complement the technical assistance and support that the BIA, Office of Justice 

Services (OJS) provides to tribal law enforcement, the Attorney General could create a 

Work Group of relevant DOJ stakeholders to develop a formal, clear, and transparent 

process to assist tribal law enforcement entities that want access to (NCIC) either to query 

or input data. 

	 In developing this process, the Work Group could address which DOJ component(s) will 

assist interested tribal law enforcement entities with: 

1) assessing whether or not they are eligible for full or partial NCIC access; 

2) identifying a certified partner, in collaboration with OJS, that can perform query 

and/or data input functions, if the entity is not eligible for direct NCIC access; 

3) determining if DOJ pilot funding is available to help support the infrastructure and 

maintenance costs of NCIC; and 

4) securing the needed equipment and training to begin using NCIC. 

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	 The Work Group could also develop a flow chart to illustrate the process and the steps 

involved in tribal law enforcement entities gaining access to NCIC. 

	 The Office for Tribal Justice (OTJ) could continue to serve as an information and referral 

source for tribal law enforcement entities that are interested in NCIC access. 

* The National Coordination Committee is composed of members who represent federal 

agencies and members who represent national tribal organizations and non-profit 

organizations. Federal Government employees face unique limitations in regard to advocating 

for certain legislative or budgetary actions. As such, while the full Committee supports the 

general tenor and spirit of this Recommendations Report, certain federal agency staff is not 

able to endorse the recommendations that advocate for specific legislative or budgetary 

actions. 

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