IIB 

111TH CONGRESS 

2D SESSION H. R. 5462 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2010 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend title III of the Public Health Service Act to 

authorize the Secretary of Health and Human Services 

to establish and implement a birth defects prevention, 

risk reduction, and public awareness program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Birth Defects Preven3 tion, Risk Reduction, and Awareness Act of 2010’’. 

4 SEC. 2. BIRTH DEFECTS PREVENTION, RISK REDUCTION, 

5 AND AWARENESS. 

6 (a) PROGRAM.—The Public Health Service Act (42 

7 U.S.C. 201 et seq.) is amended by inserting after section 

8 317T (42 U.S.C. 247b–22) the following new section: 

9 ‘‘SEC. 317U. BIRTH DEFECTS PREVENTION, RISK REDUC10 TION, AND AWARENESS. 

11 ‘‘(a) GRANT PROGRAM.—The Secretary shall estab12 lish and implement a birth defects prevention and public 

13 awareness program to award grants to States or organiza14 tions for the provision of pregnancy and breastfeeding in15 formation services. 

16 ‘‘(b) PREFERENCE.—In the case of States or organi17 zations that are otherwise equally qualified, the Secretary, 

18 in awarding a grant under this section, shall give pref19 erence to— 

20 ‘‘(1) States that made pregnancy and 

21 breastfeeding information services available on Janu22 ary 1, 2006; and 

23 ‘‘(2) organizations that will provide pregnancy 

24 and breastfeeding information services in such 

25 States. 


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1 ‘‘(c) MATCHING FUNDS.—The Secretary may only 

2 award a grant under this section to a State or organiza3 tion that agrees, with respect to the costs to be incurred 

4 in carrying out the grant activities, to make available (di5 rectly or through donations from public or private entities) 

6 non-Federal funds toward such costs in an amount equal 

7 to not less than 25 percent of the amount of the grant. 

8 ‘‘(d) COORDINATION.—The Secretary shall ensure 

9 that activities carried out using a grant under this section 

10 are coordinated, to the maximum extent practicable, with 

11 other birth defects prevention and environmental health 

12 activities of the Federal Government, including activities 

13 carried out by the Health Resources and Services Admin14 istration and the Centers for Disease Control and Preven15 tion with respect to pediatric environmental health spe16 cialty units and children’s environmental health centers. 

17 ‘‘(e) EVALUATION.—In furtherance of the program 

18 established under subsection (a), the Secretary shall pro19 vide for an evaluation of pregnancy and breastfeeding in20 formation services to identify efficient and effective models 

21 of— 

22 ‘‘(1) providing information; 

23 ‘‘(2) raising awareness and increasing knowl24 edge about birth defects prevention measures; 

25 ‘‘(3) modifying risk behaviors; or 


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1 ‘‘(4) other outcome measures as determined ap2 propriate by the Secretary. 

3 ‘‘(f) PREGNANCY AND BREASTFEEDING INFORMA4 TION SERVICES DEFINED.—For purposes of this section, 

5 the term ‘pregnancy and breastfeeding information serv6 ices’ includes only— 

7 ‘‘(1) information services to provide accurate, 

8 evidence-based, clinical information regarding mater9 nal exposures during pregnancy or breastfeeding 

10 that may be associated with birth defects or other 

11 health risks to an infant that is breastfed, such as 

12 exposures to medications, chemicals, infections, 

13 foodborne pathogens, illnesses, nutrition, or lifestyle 

14 factors; 

15 ‘‘(2) the provision of accurate, evidence-based 

16 information weighing risks of exposures during 

17 breastfeeding against the benefits of breastfeeding; 

18 and 

19 ‘‘(3) the provision of information described in 

20 paragraph (1) or (2) through counselors, Web sites, 

21 fact sheets, telephonic or electronic communication, 

22 community outreach efforts, or other appropriate 

23 means. 

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 

25 carry out this section, there are authorized to be approVerDate Mar 15 2010 02:09 Nov 16, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5462.RFS H5462

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1 priated $4,500,000 for fiscal year 2012, $5,500,000 for 

2 fiscal year 2013, $6,500,000 for fiscal year 2014, 

3 $7,500,000 for fiscal year 2015, and $8,500,000 for fiscal 

4 year 2016.’’. 

Passed the House of Representatives September 30 

(legislative day September 29), 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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