2022 Legislative Update
Reforms and Increased Resources to Remove Barriers to Safety and Justice for Native Women
As Congress returns to work in the new year, we expect to see movement on several bills relating to safety for Native women, including an introduction of a bipartisan Violence Against Women Act (VAWA) Senate reauthorization bill in January.
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Violence Against Women Act (VAWA)
On March 17, the House voted to pass the bipartisan Violence Against Women Reauthorization Act (VAWA) of 2021 (H.R. 1620).1 The bill, which expired in 2018, was reintroduced on March 8 by Representatives Sheila Jackson Lee (D-TX), Brian Fitzpatrick (R-PA), and Jerrold Nadler (D-NY). Similar to the VAWA reauthorization bill that passed the House in April 2019 (H.R. 1585)2 and the Senate companion bill introduced by Senator Dianne Feinstein (D-CA) in November 2019 (S.2843)3, this bill would build on the progress of the 2013 VAWA reauthorization by reaffirming the inherent sovereign authority of Tribal Nations to hold non-Indian perpetrators accountable in cases involving child abuse, sexual assault, stalking, and trafficking. The bill, which was developed in partnership with national and Tribal advocacy organizations, also includes critical resources for Tribes to implement VAWA.
On December 8, the United States Senate Committee on Indian Affairs held an oversight hearing, “Restoring Justice: Addressing Violence in Native Communities through VAWA Title IX Special Jurisdiction.”
On December 16, Senators Dianne Feinstein (D-CA), Joni Ernst (R-IA), Dick Durbin (D-IL), and Lisa Murkowski (R-AK) released a joint statement4 and spoke on the senate floor about reauthorizing the Violence Against Women Act. The senators plan to introduce a bipartisan bill in January 2022, which, among other things, would expand special Tribal criminal jurisdiction to include non-Native perpetrators of stalking, sex trafficking, sexual violence, crimes against children, obstruction of justice, and assault against Tribal law enforcement officers. The bill also creates a pilot program for Alaska, which will enable a limited number of Tribes in the state to exercise special Tribal criminal jurisdiction.
Family Violence Prevention and Services Improvement Act of 2021 (FVPSA)
On October 26, 2021, the United States House of Representatives voted 228 to 200 to pass the bipartisan Family Violence Prevention and Services Improvement Act (FVPSA) of 2021 (H.R. 2119).5 The bill, which was introduced on March 23, 2021 by Representatives Lucy McBath (D-GA-06), Gwen Moore (D-WI-04), Don Young (R-AK-At Large), and John Katko (R-NY-24), would provide critical funding for shelter and supportive services for victims of domestic violence, including those in Indian Country.
On July 21, the Senate Committee on Health, Education, Labor, and Pensions marked up S. 1275.6 The bill advanced out of Committee by voice vote.
This FVPSA reauthorization bill provides critical support for shelters, coalitions, training and technical assistance centers, children’s services, emergency response hotlines, and prevention initiatives. The FVPSA is also the only federal grant program solely dedicated to domestic violence shelter and supportive services and is the primary source of funding for these services for Indian Tribes.
The FVPSA would expand grant programs and make many needed improvements so that more survivors have access to support and safety, including:
- Adjustment of the funding distribution formula to increase the amount that Tribes receive from 10%to 12.5%;
- Dedicated authorization for Tribal coalitions to provide culturally appropriate technical assistance to Tribes;
- Dedicated authorization for a national Indian domestic violence hotline; and
- Dedicated authorizations for an Alaska Tribal Resource Center on Domestic Violence to reduce disparities facing Native victims.
Native Youth and Tribal Officer Protection Act (NYTOPA)
On December 8, 2021, Senator Ben Ray Luján (D-NM) introduced the Native Youth and Tribal Officer Protection Act (NYTOPA) (S.3337),7 which would expand Tribal authority under the Violence Against Women Reauthorization Act of 2013 to allow Tribes to prosecute non-Native perpetrators of violence against children or law enforcement in domestic violence cases. Representative Tom O’Halleran (D-AZ) introduced NTOPA (H.R. 2740)8 in the House in April 2021.
Justice for Native Survivors of Sexual Violence Act
On December 7, 2021, Senator Tina Smith (D-MN) introduced the Justice for Native Survivors of Sexual Violence Act (S. 3328).9 The bill would expand Tribal authority under the Violence Against Women Reauthorization Act of 2013 by enabling Tribes to exercise criminal jurisdiction in cases of sexual violence, sex trafficking, stalking, and obstruction of justice committed against Tribal members by non-Native offenders.
WATCH OVERSIGHT HEARING ON VAWA TITLE IX
You can watch the recording of the Senate Committee on Indian Affairs Oversight Hearing “Restoring Justice: Addressing Violence in Native Communities through VAWA Title IX Special Jurisdiction” online at n8ve.net/uVbR6.
