General Violence Against Women Act (VAWA) Resources

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Resources, Tribal Law and Policy Institute

• 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.

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Resources, 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. 

• Special Domestic Violence Criminal Jurisdiction: Pilot Project Report

  • The Reauthorization of Violence Against Women in 2013 created the Pilot Project, which comprised of five tribes the Confederated Tribes of the Umatilla Indian Reservation, Pascua Yaqui Tribe, Tulalip Tribes of Washington, Assiniboine and Sioux Tribes of Fort Peck, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North Dakota. These tribes exercised the Special Domestic Violence Criminal Jurisdiction, which restored their partial power to criminally prosecute non-Indians for domestic violence offenses. The Pilot Project Report provides a brief account of the activities during the Pilot Project period from February 2014 – March 2015 and shares recommendations for next steps. (2016)

• Five-Year Report on VAWA 2013's Special Domestic Violence Criminal Jurisdiction

  • This report summarizes the implementation of VAWA 2013’s landmark provision and analyzes its impacts in the 5 years since it was enacted. This examination of the tribes’ early exercise of SDVCJ suggests that VAWA 2013 has been a success. As Congress intended, the law has equipped tribes with the much-needed authority to combat the high rates of domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal forums. (2018)

• Indian Civil Rights Act, 25 U.S.C.§§ 1304, as amended by VAWA 2022 Redline Version 

• Indian Civil Rights Act, 25 U.S.C. §§ 1304, as amended by VAWA 2022 

• Inter-Tribal Working Group Summary of VAWA 2022 Tribal Provisions 

  • The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) was included as a part of the Consolidated Appropriations Act (H.R. 2471) and signed into law by President Biden on March 15, 2022. The Act includes a number of important provisions for tribal communities, including amendments to the scope of jurisdiction that can be exercised over non-Indian offenders. VAWA was first enacted in 1994 and has been reauthorized three times since—in 2000, 2005, and 2013. Each time VAWA has been reauthorized, it has included new provisions aimed at addressing the high rates of violence against Native women. The key provisions of VAWA 2022 are summarized here.​

• VAWA 2022 Title VIII—Safety for Indian Women 

• Section by Section Summary of VAWA 2022 Tribal Provisions prepared by the Senate Committee on Indian Affairs  

• Celebrating VAWA 2022, National Indigenous Women’s Resource Center

• Considerations in Implementing VAWA’s Special Domestic Violence Criminal Jurisdiction and TLOA ’s Enhanced Sentencing Authority—A Look at the Experience of the Pascua Yaqui Tribe compiled by Alfred Urbina, Attorney General, Pascua Yaqui Tribe and Melissa Tatum, Research Professor of Law, The University of Arizona James E. Rogers College of Law. This publication shares the Pascua Yaqui experience of implementing VAWA SDVCJ and examines what factors tribes should consider in deciding to exercise VAWA SDVCJ (2014).

• Implementing VAWA 2013, M. Brent Leonhard, ABA Human Rights Magazine, Vol. 40, No. 4, 2014.

  • This article discusses a brief history of criminal jurisdiction in Indian country, violence against Native American women, VAWA Special Domestic Violence Criminal Jurisdiction and the Confederated Tribes of the Umatilla Indian Reservation experience implementing VAWA SDVCJ.​​​

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Resources, Webinars/PowerPoints/Videos

• American Bar Association (ABA) section, Civil Rights and Social Justice (CRSJ), presents a performance and a panel discussion on Mary Kathryn Nagle's play, "Sliver of a Full Moon"  https://www.americanbar.org/groups/crsj/events_cle/recent/sliver-of-a-full-moon-2022/ 

• 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. 

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Resources, Office on Violence Against Women (OVW) Tribal Consultation

• Office on Violence Against Women (OVW) Tribal Consultation Website 

  • The Office on Violence Against Women is a grant-making agency in the U.S. Department of Justice. Under §903 of Title IX of the United States Department of Justice Reauthorization and Violence Against Women Act of 2005 (VAWA 2005), OVW is responsible for conducting annual government-to-government consultations with the leaders of all Federally recognized Indian tribal governments on behalf of the United States Attorney General.​

• Framing Paper 2023 – Tribal Goverments Formula Funding

  • The 2005 reauthorization of the Violence Against Women Act created the Grants to Indian Tribal Governments Program (Tribal Governments Program) to decrease the incidence of violent crimes against Indian women; to strengthen the capacity of Indian Tribes to exercise their sovereign authority to respond to violent crimes committed against Indian women; and to ensure that perpetrators of violent crimes committed against Indian women are held accountable for their criminal behavior.​

• Framing Paper 2023 – Urban Indians’ Eligibility for Tribal Sexual Assault Services Program

  • The Department of Justice, Office on Violence Against Women’s Tribal Sexual Assault Services Program (TSASP), authorized by 34 U.S.C. § 12511(e), supports efforts to create, maintain, and expand sustainable sexual assault services provided by Tribes, Tribal organizations, and nonprofit Tribal organizations within Indian country and Alaska Native villages.​

• The 2022 Summary Report from the 17th Annual Government-to-Government Tribal Consultation – 2022 Summary Report

  • This document is a summary of testimony provided at the 2022 17th Annual Government-to-Government Violence Against Women Tribal Consultation, held pursuant to Section 903 of the Violence Against Women Reauthorization Act of 2005, as amended. The document itself has no force or effect of law and does not create any legally binding rights or obligations binding on persons or entities.​

• Framing Paper 2022 - Implementation of VAWA 2022’s Tribal Jurisdiction Reimbursement Program 

  • ​The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) recognized the authority of participating Tribes to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian country.1 The Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) amended this statute, effective October 1, 2022, to cover additional crimes, among other changes to the jurisdiction, and renamed it “special Tribal criminal jurisdiction (STCJ).”

• Framing Paper 2022 - VAWA 2022 Alaska Pilot Project Framing Paper 

  • The Department of Justice held formal consultations on July 20, 21, and August 3, on implementation of the Alaska Pilot Program established in the Violence Against Women Act Reauthorization of 2022 (VAWA 2022). All three discussions were substantive and extremely informative, striking a balance between illuminating unique challenges in Alaska with innovative ideas about how best to move forward.​

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Resources, Office on Violence Against Women (OVW)

• OVW Report - "Answering the Call: Thirty years of the Violence Against Women Act (September 2024)" 

• ​DOJ Press Release - "Justice Department Announces More Than $690 Million in Violence Against Women Act Funding (September 2024)" 

• ​Fact Sheet - "Biden-⁠Harris Administration Commemorates the 30th Anniversary of the Violence Against Women Act and Strengthens Commitment to Ending Gender-Based Violence (September 2024)"​