34 U.S.C. § 10453 — Tribal Deputy

Page 146 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10453 1 So in original. No par. (2) has been enacted. 2 See References in Text note below. ‘‘(3) TASK FORCE.— ‘‘(A) IN GENERAL.—The Attorney General, acting through the Director of the Office on Violence Against Women, shall establish a task force to assist in the development and implementation of the study under paragraph (1) and guide implementation of the recommendation in paragraph (2)(C). ‘‘(B) MEMBERS.—The Director shall appoint to the task force representatives from— ‘‘(i) national tribal domestic violence and sexual assault nonprofit organizations; ‘‘(ii) tribal governments; and ‘‘(iii) the national tribal organizations. ‘‘(4) REPORT.—Not later than 2 years after the date of enactment of the Violence Against Women Reauthor- ization Act of 2013 [Mar. 7, 2013], the Attorney General shall submit to the Committee on Indian Affairs of the Senate, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that describes the study. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2014 and 2015, to re- main available until expended.’’ § 10453. Tribal Deputy (a) Establishment There is established in the Office on Violence Against Women a Deputy Director for Tribal Af- fairs. (b) Duties (1) 1 In general The Deputy Director shall under the guid- ance and authority of the Director of the Of- fice on Violence Against Women— (A) oversee and manage the administra- tion of grants to and contracts with Indian tribes, tribal courts, tribal organizations, or tribal nonprofit organizations; (B) ensure that, if a grant under this Act or a contract pursuant to such a grant is made to an organization to perform services that benefit more than 1 Indian tribe, the approval of each Indian tribe to be bene- fitted shall be a prerequisite to the making of the grant or letting of the contract; (C) coordinate development of Federal pol- icy, protocols, and guidelines on matters re- lating to violence against Indian women; (D) advise the Director of the Office on Vi- olence Against Women concerning policies, legislation, implementation of laws, and other issues relating to violence against In- dian women; (E) represent the Office on Violence Against Women in the annual consultations under section 20126 2 of this title; (F) provide technical assistance, coordina- tion, and support to other offices and bu- reaus in the Department of Justice to de- velop policy and to enforce Federal laws re- lating to violence against Indian women, in- cluding through litigation of civil and crimi- nal actions relating to those laws; (G) maintain a liaison with the judicial branches of Federal, State, and tribal gov- ernments on matters relating to violence against Indian women; (H) support enforcement of tribal protec- tion orders and implementation of full faith and credit educational projects and comity agreements between Indian tribes and States; and (I) ensure that adequate tribal technical assistance that is developed and provided by entities having expertise in tribal law, cus- tomary practices, and Federal Indian law is made available to Indian tribes, tribal courts, tribal organizations, and tribal non- profit organizations for all programs relat- ing to violence against Indian women. (c) Authority (1) In general The Deputy Director shall ensure that a por- tion of the tribal set-aside funds from any grant awarded under this Act, the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), or the Violence Against Women Act of 2000 (division B of Pub- lic Law 106–386; 114 Stat. 1491) is used to en- hance the capacity of Indian tribes to address the safety of Indian women. (2) Accountability The Deputy Director shall ensure that some portion of the tribal set-aside funds from any grant made under this subchapter is used to hold offenders accountable through— (A) enhancement of the response of Indian tribes to crimes of domestic violence, dating violence, sexual assault, and stalking against Indian women, including legal serv- ices for victims and Indian-specific offender programs; (B) development and maintenance of tribal domestic violence shelters or programs for battered Indian women, including sexual as- sault services, that are based upon the unique circumstances of the Indian women to be served; (C) development of tribal educational awareness programs and materials; (D) support for customary tribal activities to strengthen the intolerance of an Indian tribe to violence against Indian women; and (E) development, implementation, and maintenance of tribal electronic databases for tribal protection order registries. (Pub. L. 90–351, title I, § 2016, formerly § 2008, as added Pub. L. 109–162, title IX, § 907, Jan. 5, 2006, 119 Stat. 3082; renumbered § 2016 and amended Pub. L. 109–271, § 7(a)(1)(B), (C), (4), Aug. 12, 2006, 120 Stat. 763, 764.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (b)(1)(B) and (c)(1), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. Section 20126 of this title, referred to in subsec. (b)(1)(E), was in the original ‘‘section 903’’ and was translated as meaning section 903 of Pub. L. 109–162, to reflect the probable intent of Congress, because there is no section 903 of Pub. L. 90–351. The Violence Against Women Act of 1994, referred to in subsec. (c)(1), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Page 147 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10455 Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The Violence Against Women Act of 2000, referred to in subsec. (c)(1), is div. B of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1491. For complete classification of this Act to the Code, see Short Title of 2000 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 3796gg–11 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b)(1)(I). Pub. L. 109–271, § 7(a)(4), in- serted ‘‘that is developed and provided by entities hav- ing expertise in tribal law, customary practices, and Federal Indian law’’ after ‘‘technical assistance’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 10261 of this title. § 10454. Grant eligibility regarding compelling victim testimony In order for a prosecutor’s office to be eligible to receive grant funds under this subchapter, the head of the office shall certify, to the State, In- dian Tribal government, or territorial govern- ment receiving the grant funding, that the office will, during the 3-year period beginning on the date on which the grant is awarded, engage in planning, developing and implementing— (1) training developed by experts in the field regarding victim-centered approaches in do- mestic violence, sexual assault, dating vio- lence, and stalking cases; (2) policies that support a victim-centered approach, informed by such training; and (3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best prac- tices, that shall be exhausted before employ- ing material witness petitions and bench war- rants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual as- sault, dating violence, and stalking of the vic- tim in order to prevent further victimization and trauma to the victim. (Pub. L. 90–351, title I, § 2017, as added Pub. L. 117–103, div. W, title I, § 101(a)(3), Mar. 15, 2022, 136 Stat. 848.) 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. § 10455. Senior Policy Advisor for Culturally Spe- cific Communities (a) Establishment There is established in the Office on Violence Against Women a Senior Policy Advisor for Cul- turally Specific Communities. (b) Duties The Senior Policy Advisor for Culturally Spe- cific Communities, under the guidance and au- thority of the Director, shall— (1) advise on the administration of grants re- lated to culturally specific services and con- tracts with culturally specific organizations; (2) coordinate development of Federal pol- icy, protocols, and guidelines on matters re- lating to domestic violence, dating violence, sexual assault, and stalking in culturally spe- cific communities; (3) advise the Director on policies, legisla- tion, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally spe- cific communities; (4) provide technical assistance, coordina- tion, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domes- tic violence, dating violence, sexual assault, and stalking in culturally specific commu- nities; (5) ensure that appropriate technical assist- ance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; (6) ensure access to grants and technical as- sistance for culturally specific organizations; and (7) analyze the distribution of grant funding in order to identify barriers for culturally spe- cific organizations. (c) Qualifications Not later than 120 days after March 15, 2022, the Director shall hire for the position estab- lished under subsection (a) an individual with personal, lived, and work experience from a cul- turally specific community, and a demonstrated history and expertise addressing domestic vio- lence or sexual assault in a nongovernmental agency. (Pub. L. 90–351, title I, § 2018, as added Pub. L. 117–103, div. W, title IX, § 902, Mar. 15, 2022, 136 Stat. 911.) 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. SUBCHAPTER XX—GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE AND ENFORCEMENT OF PROTECTION ORDERS Editorial Notes CODIFICATION Pub. L. 117–103, div. W, title I, § 102(a), Mar. 15, 2022, 136 Stat. 848, substituted ‘‘GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE’’ for ‘‘GRANTS TO ENCOURAGE ARREST POLICIES’’ in heading. Pub. L. 106–386, div. B, title I, § 1101(a)(1), Oct. 28, 2000, 114 Stat. 1492, inserted ‘‘AND ENFORCEMENT OF PRO- TECTION ORDERS’’ at end of heading.