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42 U.S.C. § 10402 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Alaska Native** — The term “Alaska Native” has the meaning given the term “Native” in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim).
(2) **Dating violence** — The term “dating violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim).
(3) **Domestic violence** — The term “domestic violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(6) **Native Hawaiian** — The term “Native Hawaiian” has the meaning given the term in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
(7) **Personally identifying information** — The term “personally identifying information” has the m
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10402
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Stable record: federal_law:legal_authorities:record_usc_ab22bda36637ef87adc4dcfb
Source file: Laws/federal/codes/united-states-code/title-42/section-10402-definitions--4ba3b4fd5a.md
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Source location: Title 42, Chapter 110, § 10402; chapter-110-family-violence-prevention-and-services.md
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In this chapter:
(1) **Alaska Native** — The term “Alaska Native” has the meaning given the term “Native” in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim).
(2) **Dating violence** — The term “dating violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim).
(3) **Domestic violence** — The term “domestic violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(6) **Native Hawaiian** — The term “Native Hawaiian” has the meaning given the term in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
(7) **Personally identifying information** — The term “personally identifying information” has the meaning given the term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10409&num=0&edition=prelim).
(14) **Underserved populations** — The term “underserved populations” has the meaning given the term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12291/a&num=0&edition=prelim). 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) 11 So in original. of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula grants to States** The Secretary shall award grants to States in order to assist in supporting the establishment, maintenance, and expansion of programs and projects—
(1) to prevent incidents of family violence, domestic violence, and dating violence;
(2) to provide immediate shelter, supportive services, and access to community-based programs for victims of family violence, domestic violence, or dating violence, and their dependents; and
(3) to provide specialized services for children exposed to family violence, domestic violence, or dating violence, underserved populations, and victims who are members of racial and ethnic minority populations.
**(b) Administrative expenses**
(1) **Administrative costs** — Each State may use not more than 5 percent of the grant funds for State administrative costs.
(2) **Subgrants to eligible entities** — The State shall use the remainder of the grant funds to make subgrants to eligible entities for approved purposes as described in [section 10408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408&num=0&edition=prelim).
**(c) Grant conditions**
(1) **Approved activities** — In carrying out the activities under this chapter, grantees and subgrantees may collaborate with and provide information to Federal, State, local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private information as described in paragraph (5), to develop and implement policies to reduce or eliminate family violence, domestic violence, and dating violence.
(2) **Discrimination prohibited**
(A) *Application of civil rights provisions* — For the purpose of applying the prohibitions against discrimination on the basis of age under the Age
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10406
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants authorized** The Secretary, in consultation with tribal governments pursuant to Executive Order No. 13175 ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) note) 11 See References in Text note below. and in accordance with [section 20126 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20126&num=0&edition=prelim), shall continue to award grants for Indian tribes from amounts appropriated under [section 10403(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403/a/2/B&num=0&edition=prelim) to carry out this section.
**(b) Eligible entities** To be eligible to receive a grant under this section, an entity shall be an Indian tribe, or a tribal organization or nonprofit private organization authorized by an Indian tribe. An Indian tribe shall have the option to authorize a tribal organization or a nonprofit private organization to submit an application and administer the grant funds awarded under this section.
**(c) Conditions** Each recipient of such a grant shall comply with requirements that are consistent with the requirements applicable to grantees under [section 10406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406&num=0&edition=prelim).
**(d) Grantee application** To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary under [section 10407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10407&num=0&edition=prelim) at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives and p
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10409
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
**(a)** “Secretary” means the Secretary of the Interior;
**(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
**(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
**(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
**(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Community consultation** — The term “community consultation” means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) **Native Hawaiian organization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Family Violence Prevention and Services Act”.
**(b) Purpose** It is the purpose of this chapter to—
(1) assist States and Indian tribes in efforts to increase public awareness about, and primary and secondary prevention of, family violence, domestic violence, and dating violence;
(2) assist States and Indian tribes in efforts to provide immediate shelter and supportive services for victims of family violence, domestic violence, or dating violence, and their dependents;
(3) provide for a national domestic violence hotline;
(4) provide for technical assistance and training relating to family violence, domestic violence, and dating violence programs to States and Indian tribes, local public agencies (including law enforcement agencies, courts, and legal, social service, and health care professionals in public agencies), nonprofit private organizations (including faith-based and charitable organizations, community-based organizations, and voluntary associations), tribal organizations, and other persons seeking such assistance and training.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10401
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including—
(1) unreasonable delay by the debtor that is prejudicial to creditors;
(2) nonpayment of any fees or charges required under chapter 123 of title 28; and
(3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a), but only on a motion by the United States trustee.
**(b)**
(1) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter. In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)).
(2)
(A)
(i) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter, the court shall presume abuse exists if the debtor’s current monthly income reduced by the amounts determined under clauses (ii), (iii), and (iv), and multiplied by 60 is not less than the lesser of—
(I) 25 percent of
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula grants to States**
(1) **In general** — There is authorized to be appropriated to carry out sections 10401 through 10412 of this title, $175,000,000 for each of fiscal years 2011 through 2015.
(2) **Allocations**
(A) *Formula grants to States*
(i) *Reservation of funds* — For any fiscal year for which the amounts appropriated under paragraph (1) exceed $130,000,000, not less than 25 percent of such excess funds shall be made available to carry out [section 10412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10412&num=0&edition=prelim).
(ii) *Formula grants* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under clause (i), not less than 70 percent shall be used for making grants under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim).
(B) *Grants to tribes* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 10 percent shall be used to carry out [section 10409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10409&num=0&edition=prelim).
(C) *Technical assistance and training centers* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 6 percent shall be used by the Secretary for making grants under [section 10410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10410&num=0&edition=prelim).
(D) *Grants for State Domestic Violence Coalitions* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10403
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