 See References in Text note below.

shall not apply to the Committee.

Editorial Notes

References in Text

The Indian Civil Rights Act of 1968, referred to in subsecs. (a) and (d)(1), is title II of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 77, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

This subtitle, referred to in subsecs. (d)(3)(A)(iii) and (i), is subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Apr. 6, 2022, 136 Stat. 904, which enacted this section and provisions set out as notes below. For complete classification of subtitle B to the Code, see Tables.

The Federal Advisory Committee Act, referred to in subsec. (g)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Codification

Section was enacted as part of the Violence Against Women Act Reauthorization Act of 2022, and not as part of Indian Civil Rights Act of 1968 which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.

Findings; Purposes

Pub. L. 117–103, div. W, title VIII, § 811, Mar. 15, 2022, 136 Stat. 904, provided that:

“(a)

Findings.—

Congress finds that—

“(1)

according to the report of the Indian Law and Order Commission established by section 15 of the Indian Law Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women—

“(A)

are overrepresented in the domestic violence victim population by 250 percent;

“(B)

in the State of Alaska, comprise—

“(i)

19 percent of the population of the State; but

“(ii)

47 percent of reported rape victims in the State; and

“(C)

as compared to the populations of other Indian Tribes, suffer the highest rates of domestic and sexual violence;

“(2)

most Alaska Native villages are located in remote areas that—

“(A)

are often inaccessible by road; and

“(B)

have no local law enforcement presence;

“(3)

the Commission referred to in paragraph (1)—

“(A)

determined that the Alaska Department of Public Safety—

“(i)

has primary responsibility for law enforcement in rural Alaska; but

“(ii)

provides only 1 to 1.4 field officers per 1,000,000 acres; and

“(B)

recommended that ‘devolving authority to Alaska Native communities is essential for addressing local crime. Their governments are best positioned to effectively arrest, prosecute, and punish, and they should have the authority to do so-or to work out voluntary agreements with each other, and with local governments and the State on mutually beneficial terms’; and

“(4)

the unique legal relationship of the United States to Indian Tribes creates a Federal trust responsibility to assist Tribal governments in safeguarding the lives of Indian women.

“(b)

Purposes.—

The purposes of this subtitle [subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Apr. 6, 2022, 136 Stat. 904, which enacted this section and provisions set out as a note below] are—

“(1)

to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and

“(2)

to empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction.”

[For definitions of terms used in section 811 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34].

Definitions

For definitions of terms used in this section, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34.

Pub. L. 117–103, div. W, title VIII, § 812, Mar. 15, 2022, 136 Stat. 905, provided that: “In this subtitle [subtitle B (§§ 811–813) of title VIII of div. W of Pub. L. 117–103, Apr. 6, 2022, 136 Stat. 904, which enacted this section and provisions set out as a note above]:

“(1)

Assault of tribal justice personnel; covered crime; obstruction of justice; protection order; violation of a protection order.—

“(A)

In general.—

The terms ‘assault of Tribal justice personnel’, ‘covered crime’, ‘obstruction of justice’, ‘protection order’, and ‘violation of a protection order’ have the meanings given the terms in section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the ‘Indian Civil Rights Act of 1968’).

“(B)

Application.—

For purposes of the application of the definitions of ‘assault of Tribal justice personnel’, ‘obstruction of justice’, and ‘violation of a protection order’, and for purposes of the application of the defined terms contained in the definition of ‘covered crime’, under section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the ‘Indian Civil Rights Act of 1968’) to the pilot program, the Attorney General shall modify any reference to ‘Indian country’ to mean the Village of a participating Tribe.

“(2)

Indian; Indian court; Indian tribe; powers of self-government.—

The terms ‘Indian’, ‘Indian court’, ‘Indian tribe’, and ‘powers of self-government’ have the meanings given the terms in section 201 of Public Law 90–284 (25 U.S.C. 1301) (commonly known as the ‘Indian Civil Rights Act of 1968’).

“(3)

Participating tribe.—

The term ‘participating Tribe’ means an Indian tribe that is designated under section 813(d)(1) [25 U.S.C. 1305(d)(1)] as a participating Tribe to exercise special Tribal criminal jurisdiction.

“(4)

Pilot program.—

The term ‘pilot program’ means the pilot program established by section 813(d)(1).

“(5)

Special tribal criminal jurisdiction.—

The term ‘special Tribal criminal jurisdiction’ means the criminal jurisdiction that a participating Tribe may exercise under this subtitle but could not otherwise exercise.

“(6)

State.—

The term ‘State’ means the State of Alaska.

“(7)

Village.—

The term ‘Village’ means the Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census.”