IB 

Union Calendar No. 8

108TH CONGRESS 

1ST SESSION H. R. 398

[Report No. 108–14] 

To revise and extend the Birth Defects Prevention Act of 1998. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2003

Mr. FERGUSON (for himself, Mr. DINGELL, Mr. BROWN of Ohio, and Mr. 

STUPAK) introduced the following bill; which was referred to the Committee on Energy and Commerce 

FEBRUARY 13, 2003

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Insert the part printed in italic] 

A BILL

To revise and extend the Birth Defects Prevention Act of 

1998.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Birth Defects and De5 velopmental Disabilities Prevention Act of 2003’’. 
2

•HR 398 RH 

1 SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DE2 VELOPMENTAL DISABILITIES. 

3 Section 317C of the Public Health Service Act (42 

4 U.S.C. 247b–4) is amended—

5 (1) in subsection (a)(2)—

6 (A) in subparagraph (A)—

7 (i) by striking ‘‘and developmental 

8 disabilities’’ and inserting ‘‘, developmental 

9 disabilities, and disabilities and health’’; 

10 and 

11 (ii) by striking ‘‘subsection (d)(2)’’ 

12 and inserting ‘‘subsection (c)(2)’’; 

13 (B) in subparagraph (B), by striking 

14 ‘‘and’’ at the end; 

15 (C) in subparagraph (C), by striking the 

16 period and inserting a semicolon; and 

17 (D) by adding at the end the following: 

18 ‘‘(D) to conduct research on and to pro19 mote the prevention of such defects and disabil20 ities, and secondary health conditions among in21 dividuals with disabilities; and 

22 ‘‘(E) to support a National Spina Bifida 

23 Program to prevent and reduce suffering from 

24 the Nation’s most common permanently dis25 abling birth defect.’’; 

26 (2) by striking subsection (b); 
3

•HR 398 RH 

1 (3) in subsection (d)—

2 (A) by striking paragraph (1) and insert3 ing the following: 

4 ‘‘(1) contains information regarding the inci5 dence and prevalence of birth defects, developmental 

6 disabilities, and the health status of individuals with 

7 disabilities and the extent to which these conditions 

8 have contributed to the incidence and prevalence of 

9 infant mortality and affected quality of life;’’; 

10 (B) in paragraph (3), by inserting ‘‘, devel11 opmental disabilities, and secondary health con12 ditions among individuals with disabilities’’ 

13 after ‘‘defects’’; 

14 (C) in paragraph (4), by striking ‘‘and’’ at 

15 the end; 

16 (D) by redesignating paragraph (5) as 

17 paragraph (7); and 

18 (E) by inserting after paragraph (4) the 

19 following: 

20 ‘‘(5) contains information on the incidence and 

21 prevalence of individuals living with birth defects 

22 and disabilities or developmental disabilities, infor23 mation on the health status of individuals with dis24 abilities, information on any health disparities expe25 rienced by such individuals, and recommendations 
4

•HR 398 RH 

1 for improving the health and wellness and quality of 

2 life of such individuals; 

3 ‘‘(6) contains a summary of recommendations 

4 from all birth defects research conferences sponsored 

5 by the Centers for Disease Control and Prevention, 

6 including conferences related to spina bifida; and’’; 

7 (4) in subsection (e)—

8 (A) by inserting ‘‘, including section 444 of 

9 the General Education Provisions Act,’’ after 

10 ‘‘privacy of information’’; and 

11 (B) by inserting before the period at the 

12 end of the second sentence the following: ‘‘, ex13 cept that the Centers for Disease Control and 

14 Prevention shall have access to information 

15 under section 444(b)(1)(F) of such Act solely 

16 for purposes of carrying out subsection (a)(2) 

17 of this section and shall otherwise comply with 

18 all other requirements of such section 444’’; 

19 (5) by redesignating subsections (c), (d), and 

20 (e) as subsections (b), (c), and (d), respectively; 

21 (6) by inserting after subsection (d) (as so re22 designated), the following: 

23 ‘‘(e) ADVISORY COMMITTEE.—Notwithstanding any 

24 other provision of law, the members of the advisory com25 mittee appointed by the Director of the National Center 
5

•HR 398 RH 

1 for Environmental Health that have expertise in birth de2 fects, developmental disabilities, and disabilities and 

3 health shall be transferred to and shall advise the National 

4 Center on Birth Defects and Developmental Disabilities 

5 effective on the date of enactment of the Birth Defects 

6 and Developmental Disabilities Prevention Act of 2003.’’; 

7 and 

8 (7) in subsection (f), by striking ‘‘$30,000,000’’ 

9 and all that follows and inserting ‘‘such sums as 

10 may be necessary for each of fiscal years 2003 

11 through 2007.’’. 

12 SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS 

13 ON DEVELOPMENTAL DISABILITIES. 

14 Section 122(a) of the Developmental Disabilities As15 sistance and Bill of Rights Act of 2000 (42 U.S.C. 

16 15022(a)) is amended—

17 (1) in paragraph (3)(A)(ii), by inserting before 

18 the period the following: ‘‘, the amount received by 

19 the State for the previous year, or the amount of 

20 Federal appropriations received in fiscal year 2000, 

21 2001, or 2002, whichever is greater’’; and 

22 (2) in paragraph (4)(A)(ii), by inserting before 

23 the period the following: ‘‘, the amount received by 

24 the State for the previous year, or the amount of 
6

•HR 398 RH 

1 Federal appropriations received in fiscal year 2000, 

2 2001, or 2002, whichever is greater’’. 

Union Calendar No. 8

108TH CONGRESS 

1ST SESSION H. R. 398

[Report No. 108–14] 

A BILL

To revise and extend the Birth Defects Prevention 

Act of 1998. 

FEBRUARY 13, 2003

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,