Tribal Provisions of Violence Against Women Act (VAWA) 2022

New: The Tribal Law and Policy Institute is excited to announce its new website: www.TribalVAWA.org.
This website was developed as a resource focusing on Violence Against Women Act (VAWA) Special Tribal Criminal Jurisdiction. It contains an overview of the Violence against Women Reauthorization Act of 2022: Tribal Criminal Jurisdictions over Non-Indians, categories of criminal conduct under VAWA 2022, Frequently Asked Questions, news, webinars and resources, events, funding information, and information for the Intertribal Technical-Assistance Working Group (ITWG).

New: The Tribal Law and Policy Institute is pleased to announce a new publication, Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022.
This publication provides general guidance to assist Tribes in making an informed decision concerning the possible exercise of Tribal criminal jurisdiction over non-Indians. Considerations for exercising criminal jurisdiction over Non-Indians are examined including both the benefits and challenges of exercising criminal jurisdiction over non-Indians. Information is provided concerning the experiences of the implementing Tribes and the role of the Intertribal Technical-Assistance Working Group (ITWG). Extensive information is provided concerning resources available to Tribes interested in exercising this jurisdiction. This publication is part of a two-part series on enhanced Tribal authority, the other publication will discuss Tribal Law and Order Act enhanced sentencing authority.

On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization bill (VAWA 2022) as a part of the Omnibus funding bill (H.R. 2471), the Senate Committee on Indian Affairs has a provided an overview of the VAWA 2022. The tribal provisions of VAWA 2022 are included in Title VIII of Division W of the overall bill. VAWA 2022 does the following:

• Builds on VAWA 2013’s tribal jurisdiction provision (covering domestic violence, dating violence, and protection order violations) by additional categories of criminal conduct that can be prosecuted by tribes against non-Indians (Special Tribal Criminal Jurisdiction) - sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against justice personnel.
• Replaces the term “special domestic violence criminal jurisdiction (SDVCJ)” with “special tribal criminal jurisdiction (STCJ)” throughout the law.
• Removes the “sufficient ties” restriction that currently limits exercise of SDVCJ to only those non-Indian individuals who reside or are employed in Indian country or is the spouse, intimate partner, or dating partner of a member of an Indian Tribe or resident of Indian country.
• Establishes a pilot program for Indian Tribes in Alaska to exercise Special Tribal Criminal Jurisdiction within Alaska Native villages.
• Clarifies that the tribal jurisdiction restored through VAWA 2013/2022 applies to Indian Tribes in Maine.
• Provides formal authorization for the Tribal Access Program (TAP); and
• Reestablishes the U.S. Bureau of Prisons (BOP) Tribal Prisoner Program first authorized as a pilot in the 2010 Tribal Law and Order Act.

Please note - the enhanced “special tribal criminal jurisdiction” provisions will not take effect until October 01, 2022. The current “special domestic violence criminal jurisdiction” will apply until then.

Additional Tribal VAWA 2022 Resources:

1. Indian Civil Rights Act, 25 U.S.C.§§ 1304, as amended by VAWA 2022 Redline Version
2. Indian Civil Rights Act, 25 U.S.C. §§ 1304, as amended by VAWA 2022
3. Inter-Tribal Working Group Summary of VAWA 2022 Tribal Provisions
4. VAWA 2022 Title VIII—Safety for Indian Women
5. Section by Section Summary of VAWA 2022 Tribal Provisions by the Senate Committee on Indian Affairs
6. Celebrating VAWA 2022 (National Indigenous Women’s Resource Center)

VAWA 2022 Tribal Jurisdiction Webinars/PPTs//Video Resources

The Bureau of Indian Affairs, Office of Justice Services Tribal Justice Support hosted Violence Against Women Act, Roundtable Discussion, Lessons Learned, A Three Part Series and the recordings are available here: TJS | VAWA Roundtable

Overview of VAWA 2013 and VAWA 2022 Tribal Jurisdiction Provisions: Webinar overview of the Violence Against Women Act (VAWA) 2022 Resources (Recorded April 21, 2022) (Video Recording) (PowerPoint PDF). This webinar provides an overview of the Violence Against Women Act Reauthorization bill (VAWA) 2022. The webinar discusses the VAWA 2013 and 2022 Tribal Jurisdiction Provisions.

VAWA 2022 Covered Crimes Presentations and PowerPoints

1. First Facilitated Discussion: Domestic Violence, Dating Violence and Protection Order Violations: First Facilitated Discussion Recording (YouTube) and First Facilitated Discussion PowerPoint (PDF)

1. Second Facilitated Discussion: Assault of Tribal Justice Personnel and Obstruction of Justice: Second Facilitated Discussion Recording (YouTube) and Second Facilitated Discussion PowerPoint (PDF)

1. Third Facilitated Discussion: Sexual Violence and Stalking: Third Facilitated Discussion: Sexual Violence and Stalking (YouTube) and Third Facilitated Discussion: Sexual Violence and Stalking (PDF)

1. Fourth Facilitated Discussion: Child Violence and Other Issues Including Habeas Corpus and Exhaustion of Tribal Court Remedies: Fourth Facilitated Discussion: Child Violence and other issues including Habeas Corpus and Exhaustion of Tribal Court Remedies (YouTube) and Fourth Facilitated Discussion: Child Violence and other issues including Habeas Corpus and Exhaustion of Tribal Court Remedies(PDF)
2. Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking: Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking (YouTube) and Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking (PDF)

OVW VAWA 2022 Tribal Consultation and Framing Papers

1. Office on Violence Against Women (OVW) Tribal Consultation Website
2. Framing Paper - Implementation of VAWA 2022’s Tribal Jurisdiction Reimbursement Program
3. Framing Paper - VAWA 2022 Alaska Pilot Project Framing Paper

Possible Resources for Tribes Implementing VAWA 2022 Jurisdiction:

1. VAWA 2013 Special Domestic Violence Criminal Jurisdiction Five-Year Report

1. NCAI Tribal VAWA Resources
2. Tribal Legal Code Resource: Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction
   (Please note that this code resource has not yet been updated to reflect VAWA 2022)
3. Tribal Legal Code Resource: Crimes Against Children

1. Tribal Legal Code Resource: Sexual Assault and Stalking Laws

1. Tribal Domestic Violence Courts and Tribal Domestic Violence Dockets

VAWA 2022 Generally:

• Violence Against Women Act (VAWA) 2022 Reauthorization: (H.R. 2471),
• U. S. Senate Committee on Indian Affairs: VAWA 2022 Overview.
• The White House: Fact Sheet: Reauthorization of the Violence Against Women Act (VAWA).
• United States Department of Justice: Violence Against Women Act (VAWA) Reauthorization 2022.
• Office on Violence Against Women: Violence Against Women Act Reauthorization.