42 U.S. Code § 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.”