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Frequently Asked Questions on the Reauthorized Violence Against Women Act 2005 Title IX: Safety for Indian Women

What is Title IX?

When Congress reauthorized the Violence Against Women Act in 2005 (P.L 109 - 162), it recognized that American Indian and Alaska Native women have unique vulnerabilities to violence. Title IX of the reauthorization (Safety for Indian Women) created a federal trust responsibility for the United States to assist tribal governments to strengthen their capacity to respond to violent crimes against Indian women. Specifically, Title IX creates four types of tribal enhancements to accomplish this goal:

  • Government-to-government relations
  • Federal code amendments
  • New research and tribal databases
  • Increased resources

What is the purpose of Title IX?

The activities under Title IX are intended to:

  • Decrease the incidence of violent crimes against American Indian and Alaska Native women.
  • Strengthen the capacity of tribes to exercise their sovereign responsibility for responding to violence against women.
  • Ensure that the perpetrators of violence against American Indian and Alaska Native women are held accountable.

Who is responsible for implementing Title IX?

Congress created a Deputy Director for Tribal Affairs within the Office of Violence Against Women (OVW) who, with the Director of OVW, has the authority to conduct broad intergovernmental policy work to implement the Violence Against Women Act, 2005 amendments and tribal enhancements.

What are the “federal code amendments” mentioned under Title IX?

These amendments to existing federal codes are intended to increase the recognition of Tribal courts and officers. Various pieces of legislation have been identified for amendment, including parts of the Violence Against Women Act of 2000, the Indian Law Enforcement Reform Act, and federal codes to address arrest authority, and create or update certain offense categories related to violence against Indian women. This enhancement also allows federally recognized Tribes to enter and obtain information from the National Crime Information Center on domestic violence, sexual assault, stalking and dating violence.

What are the “new research and databases” that Title IX mandates?

Title IX specifically recognizes that additional research on violence against American Indian and Alaska Native women is necessary. It mandates that a “national baseline study” be conducted into the rates of violence among American Indian and Alaska Native women, and that the associated costs of this violence be estimated. The 2005 reauthorization of the Violence Against Women Act authorizes a national tribal sex offender and protection order registry to assist tribal governments and law enforcement in implementing these protections.

Who is responsible for conducting this research?

Congress tasked the National Institute of Justice with developing and conducting the national baseline study on rates of violence among American Indian and Alaska Native women. The Center for Disease Control and Prevention was tasked with estimating the costs of injury to American Indian and Alaska Native women that this violence causes.

What is envisioned under the “National Baseline Study”?

The purpose of the national baseline study is to:

  • Examine violence against Native American women in Indian Country (including domestic violence, dating violence, sexual assault, stalking and murder) and identify factors that place American Indian and Alaska Native women at risk for victimization.
  • Evaluate the effectiveness of federal, state, tribal and local responses to violence against American Indian and Alaska Native women.
  • Propose recommendations to increase effectiveness of these responses.

What additional resources have been allocated as part of Title IX?

The Indian Government Grants Program was created as part of Title IX of the Violence Against Women Act of 2005 by combining set-asides from seven grant programs contained in the Act. This program lifts programmatic restrictions to allow federally recognized Tribes to identify appropriate strategies for addressing violence against women according to their respective forms of tribal government. This program clarifies that federally recognized Tribes are not required to provide a match for federal funds and mandates organizations that have expertise in tribal law, customary practices and federal Indian law to provide technical assistance to Tribes.

What has happened with regard to the implementation of Title IX?

The following actions have already occurred toward implementing Title IX of the Violence Against Women Act of 2005:

  • Annual Government-to-Government Consultations have been conducted in 2006 and 2007. Another is scheduled for September 8-9, 2008 in Hollywood, Florida.
  • Tribal Deputy Director Lorraine Edmo was appointed, along with program management staff, including Kimberly Woodard, Kathy Howkumi, Beverley Fletcher and Katherine Mera.
  • The Title IX Task Force was constituted in March 2008 and will convene for the first time on August 20-21, 2008.
  • As mandated by the legislation, OVW will be planning and implementing the Violence Against Women Act, Title IX Tribal Domestic Violence Protection Order and Sex Offender registries following consultation at the National Congress of American Indians 2008 Executive Council winter sessions.
  • The Grants to Indian Tribal Governments Program was rolled out in FY 2007, and 82 tribes received awards totaling $31,649,599. Tribes, tribal programs and coalitions were awarded 40 grants totaling $15,540,629 under seven grant programs administered by OVW.
  • NIJ commissioned a study of the relevant literature and extant research in the area of violence against American Indian and Alaska Native women. Read the full report (pdf, 168 pages).

Next Section: Violence Against American Indian & Alaska Native Women: Program of Research home.

Date Modified: August 25, 2008