Part O—Fetal Alcohol Spectrum Disorder Prevention and Services Program

Editorial Notes

Codification

Part O of title III of the Public Health Service Act, comprising this part, was originally added to act July 1, 1944, ch. 373, title III, by Pub. L. 105–392, title IV, §419(d), Nov. 13, 1998, 112 Stat. 3593, and amended by Pub. L. 106–310, div. A, title V, §502(4), Oct. 17, 2000, 114 Stat. 1115. Part O, consisting of sections 280f to 280f–3 of this title, had been omitted from the Code pursuant to former section 280f–3, which provided that this part would no longer apply on the date that was 7 years after the date on which all members of the National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect established under former section 280f(d)(1) were appointed, which occurred May 17, 2000. Part O is shown herein, however, as having been added by Pub. L. 119–44, title I, §104(a), Dec. 1, 2025, 139 Stat. 671, without reference to those intervening amendments because of the extensive revision of Part O by Pub. L. 119–44.

§280f. Fetal alcohol spectrum disorders prevention, intervention, and services delivery program

(a) In general

The Secretary shall establish or continue activities to support a comprehensive fetal alcohol spectrum disorders (referred to in this section as "FASD") education, prevention, identification, intervention, and services delivery program, which may include—

(1) an education and public awareness program to support, conduct, and evaluate the effectiveness of—

(A) educational programs targeting health professions schools, social and other supportive services, educators and counselors and other service providers in all phases of childhood development, and other relevant service providers, concerning the prevention, identification, and provision of services for infants, children, adolescents, and adults with FASD;

(B) strategies to educate school-age children, including pregnant and high-risk youth, concerning FASD;

(C) public and community awareness programs concerning FASD; and

(D) strategies to coordinate information and services across affected community agencies, including agencies providing social services such as foster care, adoption, and social work, agencies providing health services, and agencies involved in education, vocational training, and civil and criminal justice;

(2) supporting and conducting research on FASD, as appropriate, including to—

(A) develop appropriate medical diagnostic methods for identifying FASD; and

(B) develop effective culturally and linguistically appropriate evidence-based or evidence-informed interventions and appropriate supports for preventing prenatal alcohol exposure, which may co-occur with exposure to other substances;

(3) building State and Tribal capacity for the identification, treatment, and support of individuals with FASD and their families, which may include—

(A) utilizing and adapting existing Federal, State, or Tribal programs to include FASD identification and FASD-informed support;

(B) developing and expanding screening and diagnostic capacity for FASD;

(C) developing, implementing, and evaluating targeted FASD-informed intervention programs for FASD;

(D) providing training with respect to FASD for professionals across relevant sectors; and

(E) disseminating information about FASD and support services to affected individuals and their families; and

(4) an applied research program concerning intervention and prevention to support and conduct service demonstration projects, clinical studies and other research models providing advocacy, educational and vocational training, counseling, medical and mental health, and other supportive services, as well as models that integrate and coordinate such services, that are aimed at the unique challenges facing individuals with fetal alcohol spectrum disorder or fetal alcohol effect and their families.

(b) Grants and technical assistance

(1) In general

The Secretary may award grants, cooperative agreements and contracts and provide technical assistance to eligible entities to carry out subsection (a).

(2) Eligible entities

To be eligible to receive a grant, or enter into a cooperative agreement or contract, under this section, an entity shall—

(A) be a State, Indian Tribe or Tribal organization, local government, scientific or academic institution, or nonprofit organization; and

(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the activities that the entity intends to carry out using amounts received under this section.

(3) Additional application contents

The Secretary may require that an eligible entity include in the application submitted under paragraph (2)(B)—

(A) a designation of an individual to serve as a FASD State or Tribal coordinator of activities such eligible entity proposes to carry out through a grant, cooperative agreement, or contract under this section; and

(B) a description of an advisory committee the entity will establish to provide guidance for the entity on developing and implementing a statewide or Tribal strategic plan to prevent FASD and provide for the identification, treatment, and support of individuals with FASD and their families.

(c) Definition of FASD-informed

For purposes of this section, the term "FASD-informed", with respect to support or an intervention program, means that such support or intervention program uses culturally and linguistically informed evidence-based or practice-based interventions and appropriate resources to support an improved quality of life for an individual with FASD and the family of such individual.

(July 1, 1944, ch. 373, title III, §399H, as added Pub. L. 119–44, title I, §104(a), Dec. 1, 2025, 139 Stat. 671.)

Editorial Notes

Prior Provisions

A prior section 280f, act July 1, 1944, ch. 373, title III, §399H, formerly §399G, as added Pub. L. 105–392, title IV, §419(d), Nov. 13, 1998, 112 Stat. 3593; renumbered §399H and amended Pub. L. 106–310, div. A, title V, §502(4)(A), (B), Oct. 17, 2000, 114 Stat. 1115, required the Secretary of Health and Human Services to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effect prevention, intervention and services delivery program and to establish the National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect, prior to the general amendment of this part by Pub. L. 119–44.

Statutory Notes and Related Subsidiaries

Report

Pub. L. 119–44, title I, §104(b), Dec. 1, 2025, 139 Stat. 673, provided that: "Not later than 4 years after the date of enactment of this Act [Dec. 1, 2025], and every year thereafter, the Secretary of Health and Human Services shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing—

"(1) a review of the activities carried out pursuant to sections 399H and 399I of the Public Health Service Act [42 U.S.C. 280f, 280f–1], as amended, to advance public education and awareness of fetal alcohol spectrum disorders (referred to in this section as 'FASD');

"(2) a description of—

"(A) the activities carried out pursuant to such sections 399H and 399I [42 U.S.C. 280f, 280f–1] to identify, prevent, and treat FASD; and

"(B) methods used to evaluate the outcomes of such activities; and

"(3) an assessment of activities carried out pursuant to such sections 399H and 399I [42 U.S.C. 280f, 280f–1] to support individuals with FASD."

§280f–1. Strengthening capacity and education for fetal alcohol spectrum disorders

(a) In general

The Secretary shall award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, to public or nonprofit private entities with demonstrated expertise in the field of fetal alcohol spectrum disorders (referred to in this section as "FASD"). Such awards shall be for the purposes of building local, Tribal, State, and nationwide capacities to prevent the occurrence of FASD by carrying out the programs described in subsection (b).

(b) Programs

An entity receiving an award under subsection (a) may use such award for the following purposes:

(1) Developing and supporting public education and outreach activities to raise public awareness of the risks associated with alcohol consumption during pregnancy.

(2) Acting as a clearinghouse for evidence-based resources on FASD prevention, identification, and culturally and linguistically appropriate best practices to help inform systems of care for individuals with FASD across their lifespan.

(3) Increasing awareness and understanding of efficacious, evidence-based screening tools and culturally and linguistically appropriate evidence-based intervention services and best practices, which may include improving the capacity for State, Tribal, and local affiliates.

(4) Providing technical assistance to recipients of grants, cooperative agreements, or contracts under section 280f of this title, as appropriate.

(c) Application

To be eligible for a grant, contract, or cooperative agreement under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(d) Subcontracting

A public or private nonprofit entity may carry out the following activities required under this section through contracts or cooperative agreements with other public and private nonprofit entities with demonstrated expertise in FASD:

(1) Resource development and dissemination.

(2) Intervention services.

(3) Training and technical assistance.

(July 1, 1944, ch. 373, title III, §399I, as added Pub. L. 119–44, title I, §104(a), Dec. 1, 2025, 139 Stat. 673.)

Editorial Notes

Prior Provisions

A prior section 280f–1, act July 1, 1944, ch. 373, title III, §399I, formerly §399H, as added Pub. L. 105–392, title IV, §419(d), Nov. 13, 1998, 112 Stat. 3594; renumbered §399I, Pub. L. 106–310, div. A, title V, §502(4)(A), Oct. 17, 2000, 114 Stat. 1115, provided eligibility criteria for receiving a grant or entering into a cooperative agreement or contract under this part, prior to the general amendment of this part by Pub. L. 119–44.

§280f–2. Authorization of appropriations

There are authorized to be appropriated to carry out this part $12,500,000 for each of fiscal years 2026 through 2030.

(July 1, 1944, ch. 373, title III, §399J, as added Pub. L. 119–44, title I, §104(a), Dec. 1, 2025, 139 Stat. 673.)

Editorial Notes

Prior Provisions

A prior section 280f–2, act July 1, 1944, ch. 373, title III, §399J, formerly §399I, as added Pub. L. 105–392, title IV, §419(d), Nov. 13, 1998, 112 Stat. 3595; renumbered §399J and amended Pub. L. 106–310, div. A, title V, §502(4)(A), (C), Oct. 17, 2000, 114 Stat. 1115, authorized appropriations to carry out this part, prior to the general amendment of this part by Pub. L. 119–44.

A prior section 280f–3, act July 1, 1944, ch. 373, title III, §399K, formerly §399J, as added Pub. L. 105–392, title IV, §419(d), Nov. 13, 1998, 112 Stat. 3595; renumbered §399K and amended Pub. L. 106–310, div. A, title V, §502(4)(A), (D), Oct. 17, 2000, 114 Stat. 1115, provided for the expiration of this part 7 years after the date on which all members of the National Task Force had been appointed, prior to the general amendment of this part by Pub. L. 119–44.