42 U.S.C. § 711a — Emergency assistance to families through

Page 2462 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 711a EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–123, div. E, title VI, § 50606(b), Feb. 9, 2018, 132 Stat. 231, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date that is 2 years after the date of enactment of this Act [Feb. 9, 2018].’’ TRANSITION RULE Pub. L. 117–328, div. FF, title VI, § 6101(h)(2), Dec. 29, 2022, 136 Stat. 5964, provided that: ‘‘(A) IN GENERAL.—A virtual home visit conducted be- fore the effective date of the amendments made by this subsection [Oct. 1, 2023] under an early childhood home visitation program funded under section 511 of the So- cial Security Act [42 U.S.C. 711] shall be considered a home visit for purposes of such section. ‘‘(B) VIRTUAL HOME VISIT DEFINED.—In subparagraph (A), the term ‘virtual home visit’ means a visit con- ducted solely by use of electronic information and tele- communications technologies.’’ ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING FAMILIES SAFELY Pub. L. 116–260, div. X, § 10, Dec. 27, 2020, 134 Stat. 2416, provided that: ‘‘(a) IN GENERAL.—For purposes of section 511 of the Social Security Act [42 U.S.C. 711], during the COVID–19 public health emergency period— ‘‘(1) a virtual home visit shall be considered a home visit; ‘‘(2) funding for, and staffing levels of, a program conducted pursuant to such section shall not be re- duced on account of reduced enrollment in the pro- gram; and ‘‘(3) funds provided for such a program may be used— ‘‘(A) to train home visitors in conducting a vir- tual home visit and in emergency preparedness and response planning for families served, and may in- clude training on how to safely conduct intimate partner violence screenings remotely, training on safety and planning for families served; ‘‘(B) for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit; and ‘‘(C) to provide emergency supplies to families served, regardless of whether the provision of such supplies is within the scope of the approved pro- gram, such as diapers, formula, non-perishable food, water, hand soap, and hand sanitizer. ‘‘(b) VIRTUAL HOME VISIT DEFINED.—In subsection (a), the term ‘virtual home visit’ means a home visit, as de- scribed in an applicable service delivery model, that is conducted solely by the use of electronic information and telecommunications technologies. ‘‘(c) AUTHORITY TO DELAY DEADLINES.— ‘‘(1) IN GENERAL.—The Secretary may extend the deadline by which a requirement of section 511 of the Social Security Act must be met, by such period of time as the Secretary deems appropriate, taking into consideration the impact of the COVID–19 public health emergency on eligible entity home visiting programs and the impact of families enrolled in home visiting programs. The Secretary may delay the dead- line for submission, waive performance measures, or allow for alternative data sources to be used to show improvement in performance in the manner provided in section 511(d)(1) of such Act. ‘‘(2) DELAY OF DEADLINE FOR STATEWIDE NEEDS AS- SESSMENT.—The Secretary may delay the October 1, 2020, deadline for reviewing and updating any needs assessment required by section 511(b)(1) or 511(h)(2)(A) of the Social Security Act, but any such delay shall not affect the timing for, or amount of, any payment to the State involved from the fiscal year allotments available to the State under section 502(c) of such Act [42 U.S.C. 702(c)]. ‘‘(3) GUIDANCE.—The Secretary shall provide to eli- gible entities funded under section 511 of the Social Security Act information on the parameters used in extending a deadline under paragraph (1) or (2) of this subsection. ‘‘(d) TIMELY RELEASE OF TITLE V FUNDS.—The au- thorities provided in this section shall not be inter- preted to authorize or require any delay in the timely release of funds under title V of the Social Security Act [42 U.S.C. 701 et seq.].’’ [For definitions of terms used in section 10 of div. X of Pub. L. 116–260, set out above, see section 2 of div. X of Pub. L. 116–260, set out as a note under section 629h of this title.] § 711a. Emergency assistance to families through home visiting programs (a) Supplemental appropriation In addition to amounts otherwise appro- priated, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $150,000,000, to remain available through September 30, 2022, to enable eligible entities to conduct programs in accordance with section 711 of this title and sub- section (c) of this section. (b) Eligibility for funds To be eligible to receive funds made available by subsection (a) of this section, an entity shall— (1) as of March 11, 2021, be conducting a pro- gram under section 711 of this title; (2) ensure the modification of grants, con- tracts, and other agreements, as applicable, executed under section 711 of this title under which the program is conducted as are nec- essary to provide that, during the period that begins with March 11, 2021, and ends with the end of the 2nd succeeding fiscal year after the funds are awarded, the entity shall— (A) not reduce funding for, or staffing lev- els of, the program on account of reduced en- rollment in the program; and (B) when using funds to provide emergency supplies to eligible families receiving grant services under section 711 of this title, en- sure coordination with local diaper banks to the extent practicable; and (3) reaffirm that, in conducting the program, the entity will focus on priority populations (as defined in section 711(d)(4) of this title). (c) Uses of funds An entity to which funds are provided under this section shall use the funds— (1) to serve families with home visits or with virtual visits, that may be conducted by the use of electronic information and tele- communications technologies, in a service de- livery model described in section 711(d)(3)(A) of this title; (2) to pay hazard pay or other additional staff costs associated with providing home vis- its or administration for programs funded under section 711 of this title; (3) to train home visitors employed by the entity in conducting a virtual home visit and in emergency preparedness and response plan- ning for families served, and may include training on how to safely conduct intimate partner violence screenings, and training on safety and planning for families served to sup- port the family outcome improvements listed in section 711(d)(2)(B) of this title; Page 2463 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 712 (4) for the acquisition by families served by programs under section 711 of this title of such technological means as are needed to conduct and support a virtual home visit; (5) to provide emergency supplies (such as diapers and diapering supplies including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash, formula, food, water, hand soap and hand sanitizer) to an eli- gible family (as defined in section 711(l)(2) of this title); (6) to coordinate with and provide reim- bursement for supplies to diaper banks when using such entities to provide emergency sup- plies specified in paragraph (5); or (7) to provide prepaid grocery cards to an eli- gible family (as defined in section 711(l)(2) of this title) participating in the maternal, in- fant, and early childhood home visiting pro- gram under section 711 of this title for the pur- pose of enabling the family to meet the emer- gency needs of the family. (Aug. 14, 1935, ch. 531, title V, § 511A, as added Pub. L. 117–2, title IX, § 9101, Mar. 11, 2021, 135 Stat. 123; amended Pub. L. 117–328, div. FF, title VI, § 6101(f)(2)(B), Dec. 29, 2022, 136 Stat. 5962.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(5), (7). Pub. L. 117–328 substituted ‘‘section 711(l)(2)’’ for ‘‘section 711(k)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 effective Oct. 1, 2022, see section 6101(i)(1) of Pub. L. 117–328, set out as a note under section 711 of this title. EFFECTIVE DATE Pub. L. 117–2, title IX, § 9101, Mar. 11, 2021, 135 Stat. 123, provided in part that this section is effective 1 day after the date of enactment of this Act (Mar. 11, 2021). § 712. Services to individuals with a postpartum condition and their families (a) In general In addition to any other payments made under this subchapter to a State, the Secretary may make grants to eligible entities for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the de- livery of essential services to individuals with or at risk for postpartum conditions and their fam- ilies. (b) Certain activities To the extent practicable and appropriate, the Secretary shall ensure that projects funded under subsection (a) provide education and serv- ices with respect to the diagnosis and manage- ment of postpartum conditions for individuals with or at risk for postpartum conditions and their families. The Secretary may allow such projects to include the following: (1) Delivering or enhancing outpatient and home-based health and support services, in- cluding case management and comprehensive treatment services. (2) Delivering or enhancing inpatient care management services that ensure the well- being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support serv- ices (including transportation services, at- tendant care, homemaker services, day or res- pite care, and providing counseling on finan- cial assistance and insurance). (4) Providing education about postpartum conditions to promote earlier diagnosis and treatment. Such education may include— (A) providing complete information on postpartum conditions, symptoms, methods of coping with the illness, and treatment re- sources; and (B) in the case of a grantee that is a State, hospital, or birthing facility— (i) providing education to new mothers and fathers, and other family members as appropriate, concerning postpartum condi- tions before new mothers leave the health facility; and (ii) ensuring that training programs re- garding such education are carried out at the health facility. (c) Integration with other programs To the extent practicable and appropriate, the Secretary may integrate the grant program under this section with other grant programs carried out by the Secretary, including the pro- gram under section 254b of this title. (d) Requirements The Secretary shall establish requirements for grants made under this section that include a limit on the amount of grants funds that may be used for administration, accounting, reporting, or program oversight functions and a require- ment for each eligible entity that receives a grant to submit, for each grant period, a report to the Secretary that describes how grant funds were used during such period. (e) Technical assistance The Secretary may provide technical assist- ance to entities seeking a grant under this sec- tion in order to assist such entities in com- plying with the requirements of this section. (f) Application of other provisions of subchapter (1) In general Except as provided in paragraph (2), the other provisions of this subchapter shall not apply to a grant made under this section. (2) Exceptions The following provisions of this subchapter shall apply to a grant made under this section to the same extent and in the same manner as such provisions apply to allotments made under section 702(c) of this title: (A) Section 704(b)(6) of this title (relating to prohibition on payments to excluded indi- viduals and entities). (B) Section 704(c) of this title (relating to the use of funds for the purchase of technical assistance). (C) Section 704(d) of this title (relating to a limitation on administrative expendi- tures).