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S. 2742 (pcs) To amend the Internal Revenue Code of 1986 to increase disclosure for certain political organizations exempt from tax under section 527 and section 501(c), and for other purposes. [Placed on Calendar Senate] ...


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108th CONGRESS
  2d Session
                                S. 2741

 To amend the Public Health Service Act to reauthorize and extend the 
 Fetal Alcohol Syndrome prevention and services program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

  Mr. Daschle introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to reauthorize and extend the 
 Fetal Alcohol Syndrome prevention and services program, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing FASD Research, Prevention, 
and Services Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Fetal Alcohol Spectrum Disorders are the spectrum of 
        serious, life-long disorders caused by prenatal exposure to 
        alcohol, which include Fetal Alcohol Syndrome, Alcohol-Related 
        Neurodevelopmental Disorder, and Alcohol-Related Birth Defects.
            (2) In the decades that have passed since Fetal Alcohol 
        Syndrome was first recognized in the United States, this fully 
        preventable condition has continued to affect American children 
        and families.
            (3) Prenatal alcohol exposure can cause brain damage that 
        produces cognitive and behavioral impairments. Prenatal alcohol 
        exposure can cause mental retardation or low IQ and 
        difficulties with learning, memory, attention, and problem-
        solving. It can also create problems with mental health and 
        social interactions.
            (4) Prenatal alcohol exposure also can cause growth 
        retardation, birth defects involving the heart, kidney, vision 
        and hearing, and a characteristic pattern of facial 
        abnormalities.
            (5) About 13 percent of women report using alcohol during 
        pregnancy even though there is no known safe level of alcohol 
        consumption during pregnancy.
            (6) Estimates of individuals with Fetal Alcohol Syndrome 
        vary but are estimated to be between 0.5 and 2.0 per 1,000 
        births. The prevalence rate is considerably higher for all 
        Fetal Alcohol Spectrum Disorders: about 10 out of 1,000 births 
        (1 percent of births).
            (7) Prevalence of Fetal Alcohol Spectrum Disorders can be 
        even higher in certain populations, such as Native Americans, 
        and in certain areas, such as those characterized by low 
        socioeconomic status.
            (8) Fetal Alcohol Spectrum Disorders pose extraordinary 
        financial costs to the Nation, including the cost of 
        specialized health care, education, foster care, incarceration, 
        job training, and general support services for individuals 
        affected by Fetal Alcohol Spectrum Disorders.
            (9) Lifetime health costs for an individual with Fetal 
        Alcohol Syndrome average $860,000, and can run as high as 
        $4,200,000. The direct and indirect economic costs of Fetal 
        Alcohol Syndrome in the United States were $5,400,000,000 in 
        2003. Total economic costs would be even higher for all Fetal 
        Alcohol Spectrum Disorders.
            (10) There is a great need for research, surveillance, 
        prevention, treatment, and support services for individuals 
        with Fetal Alcohol Spectrum Disorders and their families.

SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

    Section 399H of the Public Health Service Act (48 U.S.C. 280f) is 
amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.'';

            (2) by redesignating subsections (a) through (d) as 
        subsections (h) through (k), respectively;
            (3) by inserting after the section heading, the following:
    ``(a) Research on FAS and Related Disorders.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the National Institutes of Health and in 
        coordination with the Interagency Coordinating Committee on 
        Fetal Alcohol Syndrome, shall--
                    ``(A) establish a research agenda for Fetal Alcohol 
                Spectrum Disorders; and
                    ``(B) award grants, contracts, or cooperative 
                agreements to public or private nonprofit entities to 
                pay all or part of carrying out research under such 
                agenda.
            ``(2) Types of research.--In carrying out paragraph (1), 
        the Secretary, acting through the Director of the National 
        Institute of Alcohol Abuse and Alcoholism, shall conduct 
        national and international research in coordination with other 
        Federal agencies that includes--
                    ``(A) the identification of the mechanisms that 
                produce the cognitive and behavioral problems 
                associated with fetal alcohol exposure;
                    ``(B) the development of a neurocognitive phenotype 
                for Fetal Alcohol Syndrome and Alcohol-Related 
                Neurodevelopmental Disorder;
                    ``(C) the identification of biological markers that 
                can be used to indicate fetal alcohol exposure;
                    ``(D) the identification of fetal and maternal risk 
                factors that increase susceptibility to Fetal Alcohol 
                Spectrum Disorders;
                    ``(E) the investigation of behavioral and 
                pharmacotherapies for alcohol-dependent women to 
                determine new approaches for sustaining recovery;
                    ``(F) the development of scientific-based 
                therapeutic interventions for individuals with Fetal 
                Alcohol Spectrum Disorders;
                    ``(G) the development of screening instruments to 
                identify women who consume alcohol during pregnancy and 
                the development of standards for measuring, reporting, 
                and analyzing alcohol consumption patterns in pregnant 
                women; and
                    ``(H) other research that the Director determines 
                to be appropriate.
            ``(3) Study.--The Secretary, acting through the Director of 
        the National Institute of Mental Health, shall--
                    ``(A) conduct a study on the behavioral disorders 
                that may be associated with prenatal alcohol exposure;
                    ``(B) not later than 1 year after the date of 
                enactment of the Advancing FASD Research, Prevention, 
                and Services Act, submit to Congress a report on the 
                appropriateness of characterizing Fetal Alcohol 
                Spectrum Disorders and their secondary behavioral 
                disorders as mental health disorders; and
                    ``(C) conduct additional research on the 
                epidemiology of behavior disorders associated with 
                Fetal Alcohol Spectrum Disorders in collaboration with 
                the Centers for Disease Control and Prevention.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        such sums as may be necessary for each of fiscal years 2005 
        through 2009.
    ``(b) Surveillance, Identification, and Prevention Activities.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the National Center on Birth Defects and 
        Developmental Disabilities, shall facilitate surveillance, 
        identification, and prevention of Fetal Alcohol Spectrum 
        Disorders as provided for in this subsection.
            ``(2) Surveillance, identification, and prevention.--In 
        carrying out this subsection, the Secretary shall--
                    ``(A) develop and implement a uniform surveillance 
                case definition for Fetal Alcohol Syndrome and a 
                uniform surveillance case definition for Alcohol 
                Related Neurodevelopmental Disorder;
                    ``(B) develop a comprehensive screening process for 
                Fetal Alcohol Spectrum Disorders that covers different 
                age, race, and ethnic groups and is based on the 
                uniform surveillance case definitions developed under 
                subparagraph (A);
                    ``(C) disseminate and provide the necessary 
                training and support for the screening process 
                developed under subparagraph (B) to--
                            ``(i) hospitals, community health centers, 
                        outpatient programs, and other appropriate 
                        health care providers;
                            ``(ii) incarceration and detainment 
                        facilities;
                            ``(iii) primary and secondary schools;
                            ``(iv) social work and child welfare 
                        offices;
                            ``(v) foster care providers and adoption 
                        agencies;
                            ``(vi) State offices and others providing 
                        services to individuals with disabilities; and
                            ``(vii) other entities that the Secretary 
                        determines to be appropriate;
                    ``(D) conduct activities related to risk factor 
                surveillance including the annual monitoring and 
                reporting of alcohol consumption among pregnant women 
                and women of child bearing age; and
                    ``(E) conduct applied public health prevention 
                research and implement strategies for reducing alcohol-
                exposed pregnancies in women at high risk for alcohol-
                exposed pregnancies.
            ``(3) Authorization of appropriation.--There are authorized 
        to be appropriated to carry out this subsection, such sums as 
        may be necessary for each of fiscal years 2005 through 2009.
    ``(c) Building State FASD Systems.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration, shall award grants, contracts, or cooperative 
        agreements to States for the purpose of establishing or 
        expanding statewide programs of surveillance, prevention, and 
        treatment of individuals with Fetal Alcohol Spectrum Disorders.
            ``(2) Eligibility.--To be eligible to receive a grant, 
        contract, or cooperative agreement under paragraph (1) a State 
        shall--
                    ``(A) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                reasonably require;
                    ``(B) develop and implement a statewide strategic 
                plan for preventing and treating Fetal Alcohol Spectrum 
                Disorders;
                    ``(C) consult with public and private non-profit 
                entities with relevant expertise on Fetal Alcohol 
                Spectrum Disorders within the State, including--
                            ``(i) parent-led groups and other 
                        organizations that support and advocate for 
                        individuals with Fetal Alcohol Spectrum 
                        Disorders; and
                            ``(ii) Indian tribes and tribal 
                        organizations; and
                    ``(D) designate an individual to serve as the 
                coordinator of the State's Fetal Alcohol Spectrum 
                Disorders program.
            ``(3) Strategic plan.--The statewide strategic plan 
        prepared under paragraph (2)(B) shall include--
                    ``(A) the identification of existing State programs 
                and systems that could be used to identify and treat 
                individuals with Fetal Alcohol Spectrum Disorders and 
prevent alcohol consumption during pregnancy, such as--
                            ``(i) programs for the developmentally 
                        disabled, the mentally ill, and individuals 
                        with alcohol dependency;
                            ``(ii) primary and secondary educational 
                        systems;
                            ``(iii) judicial systems for juveniles and 
                        adults;
                            ``(iv) child welfare programs and social 
                        service programs; and
                            ``(v) other programs or systems the State 
                        determines to be appropriate;
                    ``(B) the identification of any barriers for 
                individuals with Fetal Alcohol Spectrum Disorders or 
                women at risk for alcohol consumption during pregnancy 
                to access the programs identified under subparagraph 
                (A); and
                    ``(C) proposals to eliminate barriers to prevention 
                and treatment programs and coordinate the activities of 
                such programs.
            ``(4) Use of funds.--Amounts received under a grant, 
        contract, or cooperative agreement under paragraph (1) shall be 
        used for one or more of the following activities:
                    ``(A) Establishing a statewide surveillance system.
                    ``(B) Collecting, analyzing and interpreting data.
                    ``(C) Establishing a diagnostic center.
                    ``(D) Developing, implementing, and evaluating 
                population-based and targeted prevention programs for 
                Fetal Alcohol Spectrum Disorders, including public 
                awareness campaigns.
                    ``(E) Referring individuals with Fetal Alcohol 
                Spectrum Disorders to appropriate support services.
                    ``(F) Developing and sharing best practices for the 
                prevention, identification, and treatment of Fetal 
                Alcohol Spectrum Disorders.
                    ``(G) Providing training to health care providers 
                on the prevention, identification, and treatment of 
                Fetal Alcohol Spectrum Disorders.
                    ``(H) Disseminating information about Fetal Alcohol 
                Spectrum Disorders and the availability of support 
                services to families of individuals with Fetal Alcohol 
                Spectrum Disorders.
                    ``(I) Other activities determined appropriate by 
                the Secretary.
            ``(5) Multi-state programs.--The Secretary shall permit the 
        formation of multi-State Fetal Alcohol Spectrum Disorders 
        programs under this subsection.
            ``(6) Other contracts and agreements.--A State may carry 
        out activities under paragraph (4) through contacts or 
        cooperative agreements with public and private non-profit 
        entities with a demonstrated expertise in Fetal Alcohol 
        Spectrum Disorders.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        such sums as may be necessary for fiscal years 2005 through 
        2009.
    ``(d) Promoting Community Partnerships.--
            ``(1) In general.--The Secretary shall award grants, 
        contracts, or cooperative agreements to eligible entities to 
        enable such entities to establish, enhance, or improve 

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