TAP Frequently Asked Questions (FAQ)

There are number of other criminal agencies such as probation/parole, criminal courts, prosecutor’s office, pretrial services and corrections that can benefit from access to national crime information. A number of non-criminal justice agencies can also benefit from TAP in a number of ways if they do not currently have access to national crime information such as:

• Civil Courts can directly enter domestic violence orders of protection, so they are readily available for nationwide enforcement.
• Civil courts can conduct criminal history record checks of individuals who are arrested for domestic violence and stalking cases to support court decisions.
• Tribal Public Housing can conduct a fingerprint-based record check for employees or prospective employees.
• Tribal Public Housing can conduct fingerprint-based record checks for adult applicants or tenants receiving housing assistance for the purpose of screening, lease enforcement, or eviction.
• Tribal Child Protective Services can conduct a name-based record check of an individual who is the target of an investigation or responding to reports of child abuse, neglect, or exploitation.
• Authorized non-criminal justice Tribal government agencies such as social services, foster care placement, schools, daycare, parks and recreation, school transportation can ensure Indian children are safe by conducting fingerprint-based criminal history record checks on Tribal employees, prospective employees, or volunteers in positions who have regular contact with or control over Indian children.
• Tribes in most states can utilize TAP to perform fingerprint-based record checks in conjunction with emergency placement of children under BIA Purpose Code X
• Head Start Programs can conduct fingerprint-based record checks on Tribal employees, prospective employees or volunteers for Head Start Programs who have regular contact with or control over Indian children.

Each Tribe should determine what information will be entered into national crime information systems. Tribes may decide to enter information into national crime databases for many reasons, such as to prevent prohibited persons from buying firearms, to have other law enforcement officers across the country enforce Tribal orders of protection nationwide, to register sex offenders, to find missing persons including juveniles, or to recover stolen property. Tribes have the ability to indicate the status of a person (such as wanted, missing, endangered, sex offender, gang member) or property (stolen, lost, or recovered). Tribes should determine if law enforcement and jails will process bookings that capture finger and palm-prints, mugshots, and scars/marks/tattoos (SMTs) for arrests. Tribes must also determine what criminal history should be shared, including the results of Tribal court criminal cases.

Which categories of offenses to report is a question for the Tribe to establish by Tribal statute or policy as appropriate. Reporting arrests and final dispositions into FBI CJIS systems is voluntary.  Federal regulations state that non-serious offenses, such as public intoxication, disturbing the peace, and loitering, should not be reported into the system. Offenses that Tribes may choose to report may include such things as arrests and dispositions for domestic violence, other violent crimes, crimes against children, sex offenses, financial crimes that meet a specific threshold, and felony crimes.

Every agency entering records into the National Crime Information Center (NCIC) must be available to respond to queries 24 hours a day, seven days a week.  Record entering agencies may respond to inquiries by 1) staffing a dispatch center which monitors system messages, or 2) through phone contact, which may be accomplished by on-duty staff or by on-call staff immediately available on a duty cell phone.

Tribes may incur the following costs:

• In order to access criminal history records, Tribes must pay standard fees to CJIS directly through a reimbursable agreement for any fingerprint-based non-criminal justice record checks conducted. Please see FAQ on “What are the steps for arranging payment to FBI CJIS for non-criminal justice record checks”
• Tribes must provide high-speed Internet access.
• There are no other direct costs to tribes.

Tribes must ensure users are trained and that information received is handled according to applicable laws and policies.

No. All users need to take DOJ’s CJIS Security Awareness Training and Certification. All sworn law enforcement personnel and NCIC Operators must complete the NCIC Certification Course. NCIC Operators must complete and pass the NCIC Certification test.

Yes, your access to state data will continue as it currently exists. DOJ does not discourage a Tribe from using the state system for access.

• Tribe provides Memorandum of Agreement (MOA) POC information to DOJ TAP (name, phone, e-mail, address).
• DOJ TAP provides MOA POC information to the FBI CJIS Fee Programs Unit.
• FBI CJIS Fee Programs Unit e-mails the draft MOA to the tribal MOA POC for review by the Tribe.
• Tribe will review the draft MOA through their internal process in draft form.  Please include the Tribal agency name where indicated, the Point of Contact, and the name and title of the signatory. 
• Tribe e-mails the draft MOA in Word format to the attention of the FBI CJIS Fee Programs Unit.
• FBI CJIS Fee Programs Unit will finalize the document and send two originals through the approval process at FBI CJIS.  This may take up to several weeks to complete.
• Once the document is signed by CJIS, FBI CJIS Fee Programs Unit will forward the two originals to the MOA POC via U.S. mail.  Included with the two originals will be the Vendor Request Form.  This form is required for FBI CJIS to set up an account for your Tribe in their financial system.  No signature is required on the Vendor Request Form and CJIS only needs 9 through 18 completed. 
• After signing, the Tribal MOA POC will mail one original to FBI CJIS Fee Programs Unit’s attention in the envelope provided and will keep one original for the Tribe’s records.
• MOA POC will e-mail one copy to tribalaccess@usdoj.gov so the TAP team has a copy to submit along with the ORI request to FBI CJIS.
• When FBI CJIS Fee Programs Unit receives the original completely signed, they will notify the other offices at FBI CJIS so the non-criminal justice ORI requests can be processed.

• If the Tribal Banishment Order was issued as part of a civil court or administrative process, the Banishment Order cannot be entered into NCIC or any other national criminal information database.
• If the Banishment Order is part of an individual’s conditions of pre-trial release as part of a criminal prosecution, then the Banishment Order can be entered as a condition of release into the NCIC Supervised Release File. If the Banishment Order is part of an individual’s criminal sentence, then the Banishment Order can be entered when reporting the disposition for the underlying criminal charge to the FBI CJIS systems.

Yes, a Tribal Housing agency has an option to do a free name-based check through the Tribal law enforcement agency prior to submitting that individual’s fingerprints directly to FBI CJIS for a fingerprint-based record check. Tribal law enforcement may only confirm the probable existence or non-existence of a criminal history record. For details of the criminal history, a fingerprint-based record check is required.

Yes. A Tribal HR Department would be eligible to be considered for an FBI CJIS issued ORI if they perform the hiring for other agencies who have employees and volunteers that have contact and control over Indian children under 25 USC 3207.  Consideration needs to be given as to how criminal history information will be transmitted back to the agency about the candidate, storage, and destruction of Criminal History Record Information (CHRI).

No. TAP provides access to FBI CJIS systems for Tribal Criminal Justice Agencies (CJAs) and certain authorized Non-Criminal Justice Agencies (NCJAs) that have a need to perform record checks to meet federal regulations or support federally funded programs, such as child protection, social services, and housing.  Record checks for Tribal gaming operations may not be handled through DOJ’s TAP system.

Yes. TAP can be used to conduct fingerprint-based record checks on prospective employees, employees or volunteers with contact and control over Indian children. In order to conduct fingerprint-based record checks the agency must verify that:

1. Employees or volunteers of the agency have contact and control over Indian children.
2. The agency must be receiving funds under the Indian Self Determination and Education Assistance Act, Title 25, United States Code (U.S.C.), Section 450 et seq. or the Tribally Controlled Schools Act of 1988, 25 U.S.C. 2501 et seq.
3. The agency has proof that the agency has policies and procedures in place that comply with the “Minimum Screening Requirements for Individuals Requiring Access to CJI” as set forth in the FBI CJIS Security Policy and that comply with name-based records check of personnel with CJI-access on a frequency of no more than every 5 years.

TAP provides an integrated training package that includes self-paced on-line learning modules which will be followed-up by the instructor-led, hands-on training at the TAP Tribe’s location. Some of the on-line courses must be completed prior to on-site training. The hands-on training will include instruction on NCIC and the NGI fingerprint biometric data capture system using the Tribe’s own data.

• On-line modules include:
  • CJIS Security Awareness Training and Test
  • DOJ Justice Criminal Information Services (JCIS) Overview
  • National Crime Information Center (NCIC) Certification Course and Test
  • Next Generation Identification (NGI) system Overview
  • National Data Exchange (N-DEx)
  • National Instant Criminal Background Check System (NICS)
  • Law Enforcement Enterprise Portal (LEEP)
  • Interstate Identification Index (III)
• Additional resources include step-by-step directions for commonly used transactions called job aids, fact sheets for focused treatment of policy or implementation issues, documentation addressing the responsibilities of the Terminal Agency Coordinator (TAC), and video and documentation resources regarding the use of NGI and NCIC in support of tribal Sex Offender Registration and Notification Act (SORNA) responsibilities.

It depends on the particular circumstances.  Generally, repercussions for violating CJIS Security policy would be at the individual user and agency level.  Violations of policy are handled on a case-by-case basis.

Yes. DOJ suggests making that determination based on the size of your agency. The larger your agency the more cumbersome this may be to have the same person in both roles. DOJ always recommends having an alternate for both positions.

• Yes.  If the authorized tribal government agency’s policy allows, an applicant is entitled to request and receive a copy of the criminal history record in order to ensure its accuracy.  If there is inaccurate or incomplete information in the report, the applicant may contact the agency that submitted the information in question and request correction. 
• In general, any person who would like to see what information, if any, is contained in their criminal history record may also contact the FBI Criminal Justice Information Services Division at www.fbi.gov/services/cjis/identity-history-summary-checks and request a copy of their record.

The TAP Application Period is usually open during the summer or fall of each year. We encourage you to regularly check our website for updates on the next open application period.

• Tribes must use TAP for one of the primary purposes: Law enforcement; sex offender registries authorized by the Adam Walsh Child Protection and Safety Act; non-criminal or criminal court issuance of protection orders, or entry of misdemeanor convictions for domestic violence; foster care placement; or child abuse/neglect investigations.

• In addition to the above, the following factors are also evaluated:
  • Demonstrated willingness to use TAP for multiple purposes
  • Tribe meets IT criteria by having high speed internet access
  • Diversity of Tribes in terms of size and geographic location
  • Demonstrated need for access
  • Prior application for TAP that was unable to be funded previously
  • Commitment of a Tribal Level Executive to oversee the implementation

Our goal with current funding levels is to select as many TAP-LIGHT and TAP-FULL Tribes as possible from those that submit applications.

• TAP-LIGHT:  DOJ provides a web-based application that provides full access (both query and entry capabilities) to national crime information databases such as National Criminal Information Center (NCIC), the Interstate Identification Index (III) and the International Justice and Public Safety Network (Nlets) for criminal and non-criminal justice purposes (does not have fingerprint capability)
• TAP- FULL: DOJ provides the same basic capabilities as TAP-LIGHT listed above, and also provides an additional hardware/software solution in the form of a kiosk workstation that provides the ability to submit and query fingerprint-based transactions via FBI’s Next Generation Identification (NGI) for both criminal and non-criminal justice purposes

Yes. Every Tribe that that wants to be considered must submit an application.

Yes. These Tribes must still meet the base requirements (listed above) and submit an application to be considered.

TAP LIGHT provides:

• Law Enforcement
  • Conduct name-based criminal history checks from III; containing arrest, disposition, and NCIC warnings
  • Query state level databases such as driver’s license, vehicle registration, and state criminal databases
  • Conduct name-based queries in III for employment purposes
  • Query international criminal information databases such as the Canadian Police Information Centre (CPIC) and Interpol
  • Conduct checks to determine if a person is prohibited from purchasing or possessing weapons.   Useful in determining if a weapon may be returned after seizure
  • Enter and query sex offender through the National Sex Offender Registry (NSOR)
  • Enter and query stolen property, including vehicles, boats, articles, guns, securities in NCIC
  • Conduct name-based criminal histories for the purpose of adjudicating Tribal public housing applicants (on behalf of Public Housing Agencies)
  • Access criminal investigative databases through the National Data Exchange (N-DEx)
• Probation and Parole
  • Conduct name-based criminal history checks from III; containing arrest, disposition, and NCIC warnings
  • Enter and query conditions of release into NCIC
  • Access criminal investigative databases through the National Data Exchange (N-DEx)
• Tribal Courts (Criminal)
  • Conduct name-based criminal history checks from III, containing arrest, disposition, and NCIC warnings
  • Enter and query protection order in NCIC
  • Enter and query warrants in NCIC
  • Enter mental health or drug/alcohol prohibitors into the National Instant Criminal Background Checks System (NICS), used by Federal Firearms Licensees to determine if a person is eligible to purchase or possess a weapon
• Tribal Courts (Civil)
  • Conduct name-based criminal history checks from III; containing arrest, disposition, and NCIC warnings, in cases of domestic abuse or stalking
  • Enter and query civil protection order
  • Enter mental health or drug/alcohol prohibitors into the National Instant Criminal Background Checks System (NICS), used by Federal Firearms Licensees to determine if a person is eligible to purchase or possess a weapon
• Corrections/Detention
  • Conduct name-based criminal history checks from III, containing arrest, disposition, and NCIC warnings
• Child Protective Services (CPS)
  • Conduct name-based criminal history checks from III; containing arrest, disposition, and NCIC warnings, in cases of child abuse, neglect or exploitation
• Child Support Enforcement
  • Conduct drivers’ license and vehicle registration checks in support of Child Support Enforcement activities
• TAP-FULL – All capabilities listed above, plus:
  • Law Enforcement
    • Perform fingerprint-based arrest bookings and submit booking information to national systems, so that they are combined into the arrestee’s full criminal history
    • Perform fingerprint-based inquiries on unknown or uncooperative detainees to confirm and identification and access their criminal history
    • Perform fingerprint-based background checks for employment purposes
    • Conduct fingerprint-based Sex Offender Registration submissions
• Probation and Parole
  • Perform fingerprint-based inquiries on new parolees to verify identification and access their criminal history
• Tribal Courts (Criminal)
  • Perform fingerprint-based background checks for employment purposes
  • Perform fingerprint-based dispositions (if conducted as part of a joint booking/disposition process)
• Corrections/Detention
  • Perform fingerprint-based arrest bookings and submit booking information to national systems, so that they are combined into the arrestee’s full criminal history
  • Perform fingerprint-based inquiry to verify detainee identity and access criminal history
• Agencies with Personnel who have Contact with or Control over Indian Children (including Human Resources, Social Service Agencies, Foster Care)
  • Conduct a fingerprint-based record check for Tribal employees, prospective employees, or volunteers in positions that involve regular contact with, or control over, Indian children to include checks for child placement or foster care, healthcare, after school programs, daycare, or schools under Public Law 101-630
• Tribal Public Housing Agencies
  • Perform fingerprint-based background checks for adult applicants or tenants receiving housing assistance for the purpose of screening, lease enforcement, or eviction

No. Federal law only provides the legal authority for records checks for the purposes listed above.  Other checks for things such as gaming, elections, general human resources hiring, etc. are not authorized, as there is no federal law authorizing them to be done. 

Yes, Tribes in PL 280 states are eligible to apply for TAP.  Since Tribes in PL-280 states do not have Adam Walsh Sex offender Registries, the Tribe must have a law enforcement agency, enter orders of protection, investigate allegations of child abuse/neglect/exploitation, or conduct fingerprint-base record checks for those with contact or control over children in order to be eligible.

• In 2010, DOJ recognized some Tribes lacked access via their state law enforcement network to the FBI’s National Crime Information Center (NCIC) and began a pilot project to improve connectivity. This program has been extended and remains ongoing with approximately 23 Tribes today. Known as the JUST Pilot and sponsored by COPS, this pilot program was eventually transitioned into TAP where it is now known as TAP- LIGHT.
• Also in 2010, DOJ piloted a biometric program that supported access to Integrated Automated Fingerprint Identification System (IAFIS). Access to IAFIS is important because the submission of fingerprints to national databases is the starting point for acquiring FBI numbers, and thus the production of criminal histories. Fingerprint stations allow for biometric identification of a subject and acquisition of a biometrically based Identity History Summary (criminal history record rap sheet). Access to both NCIC and the Next Generation Identification (NGI) system—the successor to IAFIS—is required for tribes to comply with the Sex Offender Registration and Notification Act (SORNA). This pilot program has expired.
• Leveraging the lessons learned from the two DOJ pilot programs, in 2014, DOJ and the U.S. Department of the Interior (DOI) formed a working group to assess the impact of the Violence Against Women Act (VAWA) and the Tribal Law and Order Act (TLOA) and to identify long-term sustainable solutions that address both criminal justice and non-criminal justice needs of tribes to access national crime information databases. DOJ also held meetings with Tribal representatives to discuss the informational needs of both Tribal criminal justice and non-criminal justice agencies. TAP was an outcome of this collaboration. The Bureau of Indian Affairs (BIA) Office of Justice Services (OJS) Purpose Code X Program, a companion program offered by the Department of Interior (DOI), is another program created as a result of this partnership.

DOJ learned that acquiring hardware and software that is integrated with the appropriate peripherals is essential, as is providing better technical support and maintenance for the workstations. The pilot programs also revealed the importance of Tribally-focused coaching support and training assistance.