(a)In this subchapter, for the purpose of grants authorized under this subchapter:
(1)The term “abuse in later life”—
(A)means—
(i)neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or
(ii)domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and
(B)does not include self-neglect.
(2)The term “Alaska Native village” has the same meaning given such term in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(3)The term “child abuse and neglect” means any recent act or failure to act on the part of a parent or caregiver with intent to cause death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm to an unemancipated minor. This definition shall not be construed to mean that failure to leave an abusive relationship, in the absence of other action constituting abuse or neglect, is itself abuse or neglect.
(4)The term “child maltreatment” means the physical or psychological abuse or neglect of a child or youth, including sexual assault and abuse.
(5)The term “community-based organization” means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that—
(A)focuses primarily on domestic violence, dating violence, sexual assault, or stalking;
(B)has established a specialized culturally specific program that addresses domestic violence, dating violence, sexual assault, or stalking;
(C)has a primary focus on underserved populations (and includes representatives of these populations) and domestic violence, dating violence, sexual assault, or stalking; or
(D)obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking through collaboration.
(6)The terms “court-based personnel” and “court-related personnel” mean individuals working in the court, whether paid or volunteer, including—
(A)clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process;
(B)court security personnel;
(C)personnel working in related supplementary offices or programs (such as child support enforcement); and
(D)any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system.
(7)The term “courts” means any civil or criminal, tribal, and Alaska Native Village, Federal, State, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decisionmaking authority.
(8)The term “culturally specific” means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)).1
(9)The term “culturally specific services” means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities.
(10)The term “dating partner” refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of—
(A)the length of the relationship;
(B)the type of relationship; and
(C)the frequency of interaction between the persons involved in the relationship.
(11)The term “dating violence” means violence committed by a person—
(A)who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B)where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i)The length of the relationship.
(ii)The type of relationship.
(iii)The frequency of interaction between the persons involved in the relationship.
(12)The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who—
(A)is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
(B)is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(C)shares a child in common with the victim; or
(D)commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
(13)The term “economic abuse”, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to—
(A)restrict a person’s access to money, assets, credit, or financial information;
(B)unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or
(C)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.
(14)The term “elder abuse” means any action against a person who is 50 years of age or older that constitutes the willful—
(A)infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or
(B)deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness.
(15)The term “female genital mutilation or cutting” has the meaning given such term in section 116 of title 18.
(16)The term “forced marriage” means a marriage to which 1 or both parties do not or cannot consent, and in which 1 or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking.
(17)The term “homeless” has the meaning given such term in section 12473 of this title.
(18)The term “Indian” means a member of an Indian tribe.
(19)The term “Indian country” has the same meaning given such term in section 1151 of title 18.
(20)The term “Indian housing” means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq., as amended).
(21)The term “Indian law enforcement” means the departments or individuals under the direction of the Indian tribe that maintain public order.
(22)The terms “Indian tribe” and “Indian Tribe” mean a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(23)The term “law enforcement” means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in section 2802 of title 25.
(24)
(A)The term “legal assistance” means assistance provided by or under the direct supervision of a person described in subparagraph (B) to an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking relating to a matter described in subparagraph (C).
(B)A person described in this subparagraph is—
(i)a licensed attorney;
(ii)in immigration proceedings, a Board of Immigration Appeals accredited representative;
(iii)in claims of the Department of Veterans Affairs, a representative authorized by the Secretary of Veterans Affairs; or
(iv)any person who functions as an attorney or lay advocate in tribal court.
(C)A matter described in this subparagraph is a matter relating to—
(i)divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or other injunctive proceedings, related enforcement proceedings, and other similar matters;
(ii)criminal justice investigations, prosecutions, and post-conviction matters (including sentencing, parole, and probation) that impact the victim’s safety, privacy, or other interests as a victim;
(iii)alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement; or
(iv)with respect to a conviction of a victim relating to or arising from domestic violence, dating violence, sexual assault, stalking, or sex trafficking victimization of the victim, post-conviction relief proceedings in State, local, Tribal, or territorial court.
(D)For purposes of this paragraph, intake or referral, by itself, does not constitute legal assistance.
(25)The term “personally identifying information” or “personal information” means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including—
(A)a first and last name;
(B)a home or other physical address;
(C)contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
(D)a social security number, driver license number, passport number, or student identification number; and
(E)any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.
(26)The term “population specific organization” means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.
(27)The term “population specific services” means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.
(28)The term “prosecution” means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component bureaus (such as governmental victim assistance programs).
(29)The term “protection order” or “restraining order” includes—
(A)any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
(B)any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.
(30)The term “rape crisis center” means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in section 12511(b)(2)(C) of this title, to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services.
(31)The term “restorative practice” means a practice relating to a specific harm that—
(A)is community-based and unaffiliated with any civil or criminal legal process;
(B)is initiated by a victim of the harm;
(C)involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual—
(i)1 or more individuals who committed the harm;
(ii)1 or more victims of the harm; and
(iii)the community affected by the harm through 1 or more representatives of the community;
(D)shall include and has the goal of—
(i)collectively seeking accountability from 1 or more individuals who committed the harm;
(ii)developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and
(iii)developing a written course of action plan—
(I)that is responsive to the needs of 1 or more victims of the harm; and
(II)upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and
(E)is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community.
(32)The term “rural area” and “rural community” mean—
(A)any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget;
(B)any area or community, respectively, that is—
(i)within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and
(ii)located in a rural census tract; or
(C)any federally recognized Indian tribe.
(33)The term “rural State” means a State that has a population density of 57 or fewer persons per square mile or a State in which the largest county has fewer than 250,000 people, based on the most recent decennial census.
(34)The term “sex trafficking” means any conduct proscribed by section 1591 of title 18, whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.
(35)The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.
(36)The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(A)fear for his or her safety or the safety of others; or
(B)suffer substantial emotional distress.
(37)The term “State” means each of the several States and the District of Columbia, and except as otherwise provided, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(38)The term “State domestic violence coalition” means a program determined by the Administration for Children and Families under sections 10402 and 10411 of title 42.
(39)The term “State sexual assault coalition” means a program determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.).
(40)The term “technological abuse” means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.
(41)The term “territorial domestic violence or sexual assault coalition” means a program addressing domestic or sexual violence that is—
(A)an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual assault within the territory; or
(B)a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual assault within the territory that proposes to incorporate as a nonprofit, nongovernmental territorial coalition.
(42)The term “tribal coalition” means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that—
(A)provides education, support, and technical assistance to member Indian service providers, Native Hawaiian organizations, or the Native Hawaiian community in a manner that enables those member providers, organizations, or communities to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian or Native Hawaiian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and
(B)is comprised of board and general members that are representative of—
(i)the member service providers, organizations, or communities described in subparagraph (A); and
(ii)the tribal communities or Native Hawaiian communities in which the services are being provided.
(43)The term “tribal government” means—
(A)the governing body of an Indian tribe; or
(B)a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(44)The term “tribal nonprofit organization” means—
(A)a victim services provider that has as its primary purpose to assist Native victims of domestic violence, dating violence, sexual assault, or stalking; and
(B)staff and leadership of the organization must include persons with a demonstrated history of assisting American Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, or stalking.
(45)The term “tribal organization” means—
(A)the governing body of any Indian tribe;
(B)any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities; or
(C)any tribal nonprofit organization.
(46)The term “underserved populations” means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.
(47)The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.
(48)The term “victim advocate” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program.
(49)The term “victim assistant” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency.
(50)The term “victim service provider” means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.
(51)The terms “victim services” and “services” mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.
(52)The term “youth” means a person who is 11 to 24 years old.
United States Government work; public domain under 17 U.S.C. § 105.