42 U.S.C. § 280g-4
The Secretary shall award grants for-
Amounts provided under a grant under this section shall be used to-
To the extent consistent with the purpose of this section, a grantee may use amounts received under this section to address, as part of a comprehensive programmatic approach implemented under the grant, issues relating to child abuse or abuse in later life.
Grants funded under paragraphs (1) and (2) of subsection (a) may be used to offer to rural areas community-based training opportunities, which may include the use of distance learning networks and other available technologies needed to reach isolated rural areas, for medical, nursing, and other health profession students and residents on domestic violence, dating violence, sexual assault, stalking, and, as appropriate, other forms of violence and abuse.
Grants funded under subsection (a)(3) may be used for-
Grantees under this section shall ensure that all programs developed with grant funds address issues of confidentiality and patient safety and comply with applicable confidentiality and nondisclosure requirements under section 12291(b)(2) of title 34 and the Family Violence Prevention and Services Act [42 U.S.C. 10401 et seq.], and that faculty and staff associated with delivering educational components are fully trained in procedures that will protect the immediate and ongoing security and confidentiality of the patients, patient records, and staff. Such grantees shall consult entities with demonstrated expertise in the confidentiality and safety needs of victims of domestic violence, dating violence, sexual assault, and stalking on the development and adequacy of confidentially and security procedures, and provide documentation of such consultation.
Grantees under this section shall provide to patients advance notice about any circumstances under which information may be disclosed, such as mandatory reporting laws, and shall give patients the option to receive information and referrals without affirmatively disclosing abuse.
A grantee shall use not more than 10 percent of the amounts received under a grant under this section for administrative expenses.
In selecting grant recipients under this section, the Secretary shall give preference to applicants based on the strength of their evaluation strategies, with priority given to-
Applications for grants under paragraphs (1) and (2) of subsection (a) shall include-
An entity desiring a grant under subsection (a)(3) shall submit an application to the Secretary at such time, in such a manner, and containing such information and assurances as the Secretary may require, including-
To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be-
To be eligible to receive funding under subsection (a)(3), an entity shall be-
Of the funds made available to carry out this section for any fiscal year, the Secretary may make grants or enter into contracts to provide technical assistance with respect to the planning, development, and operation of any program, activity or service carried out pursuant to this section. Not more than 8 percent of the funds appropriated under this section in each fiscal year may be used to fund technical assistance under this subsection.
The Secretary shall make publicly available materials developed by grantees under this section, including materials on training, best practices, and research and evaluation.
The Secretary shall publish a biennial report on-
Of the funds made available to carry out this section for any fiscal year, the Secretary may use not more than 20 percent to make a grant or enter into a contract for research and evaluation of-
Research authorized in paragraph (1) may include-
There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2023 through 2027.
Except as otherwise provided, the definitions in section 12291 of title 34 shall apply to this section.
42 U.S.C. § 280g-4
EDITORIAL NOTES
REFERENCES IN TEXTThe Family Violence Prevention and Services Act, referred to in subsec. (c)(1)(A), is title III of Pub. L. 98-457, Oct. 9, 1984, 98 Stat. 1757, which is classified generally to chapter 110 (§10401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10401 of this title and Tables.
AMENDMENTS2022-Subsec. (a)(1). Pub. L. 117-103, §501(1)(A), inserted "community health workers, violence prevention advocates working with health providers," after "health staff,".Subsec. (a)(2). Pub. L. 117-103, §501(1)(B), substituted "for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers (including midwives and doulas);" for "for medical, nursing, dental, and other health profession students and residents to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and".Subsec. (a)(3). Pub. L. 117-103, §501(1)(C)(i), (ii), substituted "capacity" for "response" and inserted "prevent and respond to" after "(including behavioral and mental health programs) to".Subsec. (a)(4), (5). Pub. L. 117-103, §501(1)(C)(iii), (D), added pars. (4) and (5).Subsec. (b)(1)(A)(i). Pub. L. 117-103, §501(2)(A)(i), substituted "to provide universal education on healthy relationships and provide trauma-informed" for "to identify and provide".Subsec. (b)(1)(A)(ii). Pub. L. 117-103, §501(2)(B), substituted "training components that center the experiences of, and are developed in collaboration with, culturally specific individuals and American Indians and Alaska Natives, and include community-defined practices such as the use of doulas, midwives, and traditional healers," for "culturally competent clinical training components" and "inequities" for "disparities" and inserted "(including labor and sex trafficking)" after "other forms of violence and abuse". Subsec. (b)(1)(A)(iii), (iv). Pub. L. 117-103, §501(2)(A)(ii), (C), added cls. (iii) and (iv).Subsec. (b)(1)(B). Pub. L. 117-103, §501(2)(D), substituted "capacity of the health care system to prevent and respond" for "response of the health care system" in introductory provisions.Subsec. (b)(1)(B)(i). Pub. L. 117-103, §501(2)(E), substituted "identifying, responding to, and promoting prevention of" for "identifying and responding to" and inserted "during in-person or virtual visits" after "and stalking" and "and to maximize victim choice on the use and sharing of their health information" before semicolon at end. Subsec. (b)(1)(B)(ii). Pub. L. 117-103, §501(2)(F), substituted "services to address the safety, medical, and mental health needs of patients by-" and subcls. (I) to (III) for "on-site access to services to address the safety, medical, and mental health needs of patients by increasing the capacity of existing health care professionals and public health staff to address domestic violence, dating violence, sexual assault, and stalking, or by contracting with or hiring domestic or sexual assault advocates to provide such services or to model other services appropriate to the geographic and cultural needs of a site;". Subsec. (b)(1)(B)(iii). Pub. L. 117-103, §501(2)(G)(i), (ii), substituted "of prevention" for "of identification" and inserted "during in-person or virtual visits" after "and stalking". Subsec. (b)(1)(B)(iv). Pub. L. 117-103, §501(2)(H)(i), inserted "and promote prevention during in-person or virtual visits," after "or stalking,". Subsec. (b)(1)(B)(v), (vi). Pub. L. 117-103, §501(2)(G)(iii), (H) (ii), (I), added cls. (v) and (vi). Subsec. (b)(1)(C). Pub. L. 117-103, §501(2)(J), added subpar. (C).Subsec. (b)(2)(A). Pub. L. 117-103, §501(3), substituted "Child abuse and abuse in later life" for "Child and elder abuse" in heading and "child abuse or abuse in later life" for "child or elder abuse" in text.Subsec. (b)(2)(C)(i). Pub. L. 117-103, §501(4), substituted "abuse in later life" for "elder abuse".Subsec. (b)(2)(C)(ii). Pub. L. 117-103, §501(5), inserted "programs that promote the prevention of sexual assault as well as" after "implementation of". Subsec. (b)(2)(C)(iii). Pub. L. 117-103, §501(6)(A), inserted "and exposure to violence across generations" after "abuse". Subsec. (b)(2)(C)(iv). Pub. L. 117-103, §501(7), inserted "mental health," after "dental," and substituted "exams and certifications;" for "exams.". Subsec. (b)(2)(C)(v) to (vii). Pub. L. 117-103, §501(6)(B), (8), added cls. (v) to (vii).Subsec. (c)(3)(A). Pub. L. 117-103, §501(9), substituted "given to-" and cls. (i) to (iii) for "given to outcome based evaluations."Subsec. (c)(3)(B)(i)(III). Pub. L. 117-103, §501(10), inserted ", including a culturally specific organization or community-based organization working to address the social determinants of health," after "nonprofit entity". Subsec. (c)(3)(C)(ii). Pub. L. 117-103, §501(11), substituted "strategies-" for "strategies", inserted subcl. (I) designation before "for the development", inserted "and generations" after "lifespan" and added subcl. (II). Subsec. (c)(3)(C)(iii). Pub. L. 117-103, §501(12), substituted "culturally specific organizations" for "State or tribal law enforcement task forces (where appropriate)".Subsec. (c)(3)(C)(iv). Pub. L. 117-103, §501(13), inserted "(including culturally specific organizations)" after "service providers".Subsec. (d)(2)(A). Pub. L. 117-103, §501(14)(C), which directed insertion of "and substance use disorder prevention and treatment" before "the semicolon at the end", was executed by making the insertion before "; or", to reflect the probable intent of Congress. Pub. L. 117-103, §501(14)(A), (B), inserted "(including mental health or substance abuse agencies)" after "of health" and substituted "or behavioral" for "or mental". Subsec. (d)(2)(B). Pub. L. 117-103, §501(15), substituted "hospital, behavioral health treatment system, or health system, a community-based" for "hospital, or health system, or any other community-based" and inserted "or substance use disorder prevention and treatment, or a community-based organization with a history of partnership with programs in the field of domestic violence, dating violence, sexual assault, or stalking and health care, including physical or mental health care or substance use disorder prevention and treatment" after "mental health care".Subsec. (g). Pub. L. 117-103, §501(16), substituted "$20,000,000" for "$10,000,000" and "2023 through 2027" for "2014 through 2018".Subsec. (h). Pub. L. 117-103, §501(17), struck out "herein" after "otherwise provided" and "provided for" after "definitions".2013- Pub. L. 113-4 amended section generally. Prior to amendment, section related to grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-103 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 an Effective Date note under section 6851 of Title 15, Commerce and Trade.
FINDINGS Pub. L. 109-162, title V, §501, Jan. 5, 2006, 119 Stat. 3023, provided that: "Congress makes the following findings:"(1) The health-related costs of intimate partner violence in the United States exceed $5,800,000,000 annually. "(2) Thirty-seven percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend."(3) In addition to injuries sustained during violent episodes, physical and psychological abuse is linked to a number of adverse physical and mental health effects. Women who have been abused are much more likely to suffer from chronic pain, diabetes, depression, unintended pregnancies, substance abuse and sexually transmitted infections, including HIV/AIDS."(4) Health plans spend an average of $1,775 more a year on abused women than on general enrollees."(5) Each year about 324,000 pregnant women in the United States are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. "(6) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other pregnancy-related cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners."(7) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes."(8) Recent research suggests that women experiencing domestic violence significantly increase their safety-promoting behaviors over the short- and long-term when health care providers screen for, identify, and provide followup care and information to address the violence. "(9) Currently, only about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and 9 percent routinely screen for intimate partner abuse during periodic checkups."(10) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. "(11) Seventy to 81 percent of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence."
PURPOSE Pub. L. 109-162, title V, §502, Jan. 5, 2006, 119 Stat. 3024, provided that: "It is the purpose of this title [enacting this section, sections 294h and 13973 of this title, and provisions set out as a note above] to improve the health care system's response to domestic violence, dating violence, sexual assault, and stalking through the training and education of health care providers, developing comprehensive public health responses to violence against women and children, increasing the number of women properly screened, identified, and treated for lifetime exposure to violence, and expanding research on effective interventions in the health care setting."
- Service
- The term "Service" means the Public Health Service;
- practices
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.
- 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,