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Code · BILL · 117th Congress · H.R. 2119 (Placed on Calendar Senate) — To amend the Family Violence Prevention and Services Act to make improvements. · Sec. 3

Sec. 3. Definitions

1,485 words·~7 min read·/bill/117/hr/2119/pcs/section-3

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Section 302 ( 42 U.S.C. 10402 ) is amended to read as follows: In this title: The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). The term child means an individual who is younger than age 18. The term dating partner means any person who is or has been in a social relationship of a romantic or intimate nature with an abuser, and where the existence of such a relationship shall be determined based on a consideration of one or more of the following factors:
The length of the relationship. The type of the relationship. The frequency of interaction between the persons involved in the relationship. The cultural context of the relationship. Sexual contact is not a necessary component of a relationship described in subparagraph (A). The term digital services means services, resources, information, support, or referrals provided through electronic communications platforms and media, which may include mobile phone technology, video technology, computer technology (including use of the internet), and any other emerging communications technologies that are appropriate for the purposes of providing services, resources, information, support, or referrals for the benefit of victims of domestic violence, dating violence, and family violence.
The terms domestic violence , dating violence , and family violence mean any act, threatened act, or pattern of acts of physical or sexual violence, stalking, harassment, psychological abuse, economic abuse, technological abuse, or any other form of abuse, including threatening to commit harm against children or dependents or other members of the household of the recipient of the threat for the purpose of coercion, threatening, or causing harm, directed against— a dating partner or other person similarly situated to a dating partner under the laws of the jurisdiction; a person who is cohabitating with or has cohabitated with the person committing such an act; a current or former spouse or other person similarly situated to a spouse under the laws of the jurisdiction; a person who shares a child or dependent in common with the person committing such an act; a person who is related by marriage, blood, or is otherwise legally related; or any other person who is protected from any such act under the domestic or family violence laws, policies, or regulations of the jurisdiction.
The term ‘economic abuse’, when used in the context of domestic violence, dating violence, and family violence, means behavior that is coercive or deceptive related to a person’s ability to acquire, use, or maintain economic resources to which they are entitled, or that unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled. This includes using coercion, fraud, or manipulation to— restrict a person’s access to money, assets, credit, or financial information; unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.
The terms Indian , Indian Tribe , and Tribal organization have the meanings given the terms Indian , Indian tribe , and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The terms ‘Native Hawaiian’ and ‘Native Hawaiian organization’ have the meanings given such terms in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ).
The term personally identifying information has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). The term population specific services has the meaning given such term in section 40002(a) of the Violence Against Women Act ( 34 U.S.C. 12291(a) ). The terms racial and ethnic minority group and racial and ethnic minority population include each group listed in the definition of such term in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ).
The term Secretary means the Secretary of Health and Human Services. The term shelter means the provision of temporary refuge and basic necessities, in conjunction with supportive services, provided on a regular basis, in compliance with applicable State, Tribal, territorial, or local law to victims of domestic violence, dating violence, or family violence and their children and dependents. Such law includes regulations governing the provision of safe homes and other forms of secure temporary lodging, meals, other basic necessities, or supportive services to victims of domestic violence, dating violence, or family violence and their children and dependents.
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. The term State Domestic Violence Coalition means a statewide nongovernmental nonprofit private domestic violence, dating violence, and family organization designated by the Secretary that— has a membership that includes a majority of the primary-purpose domestic violence, dating violence, and family violence service providers in the State; has board membership that is representative of primary-purpose domestic violence, dating violence, and family violence service providers, and which may include representatives of the communities in which the services are being provided in the State; 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, dating violence, and family violence and their children and dependents; and serves as an information clearinghouse, primary point of contact, and resource center on domestic violence, dating violence, and family violence for the State and supports the development of polices, protocols, and procedures to enhance domestic violence, dating violence, and family violence intervention and prevention in the State.
The term supportive services means services for adult and youth victims of domestic violence, dating violence, or family violence, and children and dependents exposed to domestic violence, dating violence, or family violence, that are designed to— meet the needs of such victims of domestic violence, dating violence, or family violence, and their children and dependents, for short-term, transitional, or long-term safety; and provide counseling, advocacy, or assistance for victims of domestic violence, dating violence, or family violence, and their children and dependents.
The term technological abuse means an act or pattern of behavior that— occurs within domestic violence, dating violence, or family violence; is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person; and uses any form of information technology, including any of the following: Internet-enabled devices. Online spaces or platforms. Computers, mobile devices, or software applications.
Location tracking devices. Communication technologies. Cameras or imaging platforms. Any other emerging technology. The term Tribal domestic violence coalition means an established nonprofit, nongovernmental Indian organization recognized by the Office of Violence Against Women at the Department of Justice that— provides education, support, and technical assistance to member Indian service providers in a manner that enables the member providers to establish and maintain culturally appropriate services, including shelter (including supportive services) designed to assist Indian victims of domestic violence, dating violence, or family violence and the children and dependents of such victims; and is comprised of members that are representative of— the member service providers described in subparagraph (A); and the Tribal communities in which the services are being provided.
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 309. The terms underserved populations and underserved individuals mean victims of domestic violence, dating violence, or family violence, and their children and dependents who face obstacles in accessing and using State, Tribal, territorial, or local domestic violence, dating violence, or family violence services, or who may be overrepresented in experiencing domestic violence, dating violence, or family violence due to historical barriers.
Populations may be underserved on the basis of, marginalized racial and ethnic minority populations, Indigenous status, cultural and language barriers, immigration status, disabilities, mental health needs, sexual orientation or gender identity, age (including both elders and children), geographical location, faith or religious practice or lack thereof, or other bases, as determined by the Secretary. The term victim means an individual against whom an act of domestic violence, dating violence, or family violence is carried out.
The term ‘youth’ has the meaning given the term in section 4002(a) of the Violence Against Women Act ( 34 U.S.C. 12291(a)(45) ). .
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  • 42 USC 300u–6(g)
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