42 U.S.C. § 10402

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 10402 - Definitions

In this chapter:

(1) Alaska Native

The term "Alaska Native" has the meaning given the term "Native" in section 1602 of title 43.

(2) Dating violence

The term "dating violence" has the meaning given such term in section 12291(a) of this title.

(3) Domestic violence

The term "domestic violence" has the meaning given such term in section 12291(a) of this title.

(4) Family violence

The term "family violence" means any act or threatened act of violence, including any forceful detention of an individual, that-

(A) results or threatens to result in physical injury; and

(B) is committed by a person against another individual (including an elderly individual) to or with whom such person-

(i) is related by blood;

(ii) is or was related by marriage or is or was otherwise legally related; or

(iii) is or was lawfully residing.

(5) Indian; Indian tribe; tribal organization

The terms "Indian", "Indian tribe", and "tribal organization" have the meanings given such terms in section 5304 of title 25.

(6) Native Hawaiian

The term "Native Hawaiian" has the meaning given the term in section 7517 of title 20.

(7) Personally identifying information

The term "personally identifying information" has the meaning given the term in section 12291(a) of this title.

(8) Secretary

The term "Secretary" means the Secretary of Health and Human Services.

(9) Shelter

The term "shelter" means the provision of temporary refuge and supportive services in compliance with applicable State law (including regulation) governing the provision, on a regular basis, of shelter, safe homes, meals, and supportive services to victims of family violence, domestic violence, or dating violence, and their dependents.

(10) State

The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, except as otherwise provided, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(11) State Domestic Violence Coalition

The term "State Domestic Violence Coalition" means a statewide nongovernmental nonprofit private domestic violence organization that-

(A) has a membership that includes a majority of the primary-purpose domestic violence service providers in the State;

(B) has board membership that is representative of primary-purpose domestic violence service providers, and which may include representatives of the communities in which the services are being provided in the State;

(C) has as its purpose to provide education, support, and technical assistance to such service providers to enable the providers to establish and maintain shelter and supportive services for victims of domestic violence and their dependents; and

(D) serves as an information clearinghouse, primary point of contact, and resource center on domestic violence for the State and supports the development of polices, protocols, and procedures to enhance domestic violence intervention and prevention in the State.

(12) Supportive services

The term "supportive services" means services for adult and youth victims of family violence, domestic violence, or dating violence, and dependents exposed to family violence, domestic violence, or dating violence, that are designed to-

(A) meet the needs of such victims of family violence, domestic violence, or dating violence, and their dependents, for short-term, transitional, or long-term safety; and

(B) provide counseling, advocacy, or assistance for victims of family violence, domestic violence, or dating violence, and their dependents.

(13) Tribally designated official

The term "tribally designated official" means an individual designated by an Indian tribe, tribal organization, or nonprofit private organization authorized by an Indian tribe, to administer a grant under section 10409 of this title.

(14) Underserved populations

The term "underserved populations" has the meaning given the term in section 12291(a) of this title. For the purposes of this chapter, the Secretary has the same authority to determine whether a population is an underserved population as the Attorney General has under that section 12291(a) ¹ of this title.

¹ So in original.

42 U.S.C. § 10402

Pub. L. 98-457, title III, §302, as added Pub. L. 111-320, title II, §201, Dec. 20, 2010, 124 Stat. 3484; amended Pub. L. 114-95, title IX, §9215(ii), Dec. 10, 2015, 129 Stat. 2175.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 10402, Pub. L. 98-457, title III, §303, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 100-294, title III, §302, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102-295, title III, §§303, May 28, 1992 - 309, May 28, 1992, 106 Stat. 201-203; Pub. L. 103-322, title IV, §402710271,, 108 Stat. 1937; Pub. L. 104-235, title II, §201, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 108-36, title IV, §§401, June 25, 2003, 415, June 25, 2003, 117 Stat. 825, 830, related to authorization of State grants, prior to the general amendment of this chapter by Pub. L. 111-320. See section 10406 of this title.A prior section 302 of Pub. L. 98-457 was classified to section 10401 of this title prior to the general amendment of this chapter by Pub. L. 111-320.

AMENDMENTS2015-Par. (6). Pub. L. 114-95 made technical amendment to reference in original act which appears in text as reference to 7517 of title 20.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of Title 20, Education.

Secretary

the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,