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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3154 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3154

 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

               March 23 (legislative day, March 19), 2010

Ms. Murkowski (for herself, Mr. Johnson, Ms. Landrieu, and Mr. Inouye) 
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 (FASD) 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 intellectual disabilities or low IQ and 
        difficulties with learning, memory, attention, and problem 
        solving. It can also create problems with executive functioning 
        and adaptive behavior that impairs mental health and social 
        interaction. Prenatal alcohol exposure does not always result 
        in below average IQ or visible birth defects, which makes Fetal 
        Alcohol Spectrum Disorders difficult to identify, leading to 
        improper treatment or denial of support services.
            (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. Prenatal alcohol exposure can also result in 
        secondary behavioral characteristics that may include mental 
        health disorders and learning and behavioral problems resulting 
        in disrupted school experience, trouble with the law, 
        incarceration, inappropriate sexual behavior, alcohol or drug 
        problems, dependent living, and problems with employment.
            (5) According to the Substance Abuse and Mental Health 
        Services Administration, more than 1 in 5 women report drinking 
        alcohol in the first trimester of pregnancy, 1 in 14 in the 
        second trimester, and 1 in 20 in the third trimester, even 
        though there is no known safe level of alcohol consumption 
        during pregnancy.
            (6) The incidence rate for all Fetal Alcohol Spectrum 
        Disorders is estimated in a publication of the National 
        Institute on Alcohol Abuse and Alcoholism to be about 10 out of 
        1,000 births (1 percent of births) or 40,000 newborns each 
        year. It is estimated that as many as 2 per 1,000, or 20 
        percent of alcohol exposed newborns, have Fetal Alcohol 
        Syndrome, the most serious and identifiable of the Fetal 
        Alcohol Spectrum Disorders.
            (7) As measured by the Fetal Alcohol Syndrome Surveillance 
        Network, a partnership between the Centers for Disease Control 
        and Prevention and 5 different States, prevalence of Fetal 
        Alcohol Spectrum Disorders can be even higher in certain 
        populations, such as American Indians and Alaska Natives, 
        foster care children, adoptive children from the United States 
        and from countries where alcohol consumption is more prevalent, 
        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 ranges from $860,000 to $4,000,000. The cost 
        of Fetal Alcohol Syndrome in the United States is estimated to 
        be at least $6,000,000,000 in 2007. 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.
            (11) The National Institutes of Health, in coordination 
        with other Federal agencies, the Interagency Coordinating 
        Committee on Fetal Alcohol Syndrome, and the National Task 
        Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect, has 
        an opportunity to advance research on Fetal Alcohol Spectrum 
        Disorders in many areas, including the following:
                    (A) The identification of the mechanisms that 
                produce the cognitive and behavioral problems 
                associated with fetal alcohol exposure.
                    (B) The identification of a neurocognitive and 
                neurobehavioral phenotype for prenatal alcohol-related 
                conditions other than Fetal Alcohol Syndrome.
                    (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 
                pharmacologic and nutrient augmentation-based pre- and 
                post-natal interventions to antagonize or mitigate the 
                effects of prenatal alcohol exposure.
                    (G) The development of neurocognitive interventions 
                to address deficits in neurocognitive function for 
                individuals with Fetal Alcohol Spectrum Disorders.
                    (H) The development of standards for measuring, 
                reporting, and analyzing alcohol consumption patterns 
                in pregnant women.
                    (I) The development of enhanced technological 
                approaches for the diagnosis of Fetal Alcohol Spectrum 
                Disorders including investigation of prenatal 
                ultrasound, non-invasive imaging, three dimensional 
                facial feature imaging and their application in 
                telemedicine to aid in remote diagnosis.
                    (J) The evaluation of the role of alcohol in Sudden 
                Infant Death Syndrome (SIDS), unexplained stillbirth, 
                and premature birth.
                    (K) The collection and banking of biomaterials for 
                future analyses to aid in the identification of genetic 
                and other biological and environmental risk factors 
                contributing in the development of Fetal Alcohol 
                Spectrum Disorders.
                    (L) The identification of barriers to implementing 
                alcohol screening in primary care and obstetric 
                practice, and explore the acceptability of new 
                screening technologies, such as computer assisted 
                interviewing.
                    (M) The development of approaches for selected and 
                indicated prevention, to decrease the potential for 
                FASD births among the women at greatest risk for these 
                disorders.

SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

    Section 399H of the Public Health Service Act (42 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 continue to 
        conduct and expand national and international research in 
        coordination with other Federal agencies that includes--
                    ``(A) the most promising avenues of research in 
                Fetal Alcohol Spectrum Disorder diagnosis, 
                intervention, and prevention;
                    ``(B) factors that may mitigate the effects of 
                fetal alcohol exposure; and
                    ``(C) other research that the Director determines 
                to be appropriate.
            ``(3) 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 2010 
        through 2014.
    ``(b) Surveillance, Public Health Research, 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, 
        public health research, and prevention of Fetal Alcohol 
        Spectrum Disorders as provided for in this subsection.
            ``(2) Surveillance, public health research, and 
        prevention.--In carrying out this subsection, the Secretary 
        shall--
                    ``(A) integrate into clinical practice the standard 
                case definition for diagnosis of Fetal Alcohol Syndrome 
                and, in collaboration with the National Institute on 
                Alcohol Abuse and Alcoholism, the Centers for Disease 
                Control and Prevention, researchers, and experts in the 
                field, develop a standard clinical case definition for 
                diagnostic guidelines and criteria for prenatal 
                alcohol-related conditions other than Fetal Alcohol 
                Syndrome;
                    ``(B) conduct applied public health prevention 
                research to identify evidence-based strategies for 
                reducing alcohol-exposed pregnancies in women at high 
                risk for alcohol-exposed pregnancies;
                    ``(C) disseminate and provide the necessary 
                training and support to implement evidence-based 
                strategies developed under subparagraph (A) to--
                            ``(i) hospitals, federally qualified health 
                        centers, outpatient programs, and other 
                        appropriate health care providers;
                            ``(ii) incarceration, detainment 
                        facilities, and other judicial systems for 
                        juveniles and adults;
                            ``(iii) educational settings;
                            ``(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;
                            ``(vii) alcoholism treatment facilities; 
                        and
                            ``(viii) other entities that the Secretary 
                        determines to be appropriate;
                    ``(D) conduct activities related to risk factor 
                surveillance including the biannual monitoring and 
                reporting of alcohol consumption among pregnant women 
                and women of child bearing age; and
                    ``(E) disseminate and evaluate brief behavioral 
                intervention strategies aimed at preventing alcohol-
                exposed pregnancies among women of childbearing age in 
                special settings, including clinical primary health 
                centers, outpatient clinics, and jail and recovery 
                campuses.
            ``(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 2010 through 2014.
    ``(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 
        clinical intervention for 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 Fetal Alcohol Spectrum Disorders 
                and clinical intervention for individuals with 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 assist 
                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) educational settings;
                            ``(iii) incarceration, detention centers, 
                        and 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 1 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) Implementing recommendations from relevant 
                agencies and organizations on the identification and 
                prevention of Fetal Alcohol Spectrum Disorders, and 
                clinical intervention for individuals with 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 2010 through 
        2014.
    ``(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 
        community partnerships for the purpose of collaborating on 
        common objectives and integrating the services available to 
        individuals with Fetal Alcohol Spectrum Disorders, such as 
        surveillance, prevention, treatment, and provision of support 
        services.
            ``(2) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreement under paragraph (1), 
        an entity shall--
                    ``(A) be a public or private nonprofit entity, 
                including--
                            ``(i) a health care provider or health 
                        professional;
                            ``(ii) a primary or secondary school;
                            ``(iii) a social work or child welfare 
                        office;
                            ``(iv) an incarceration, detainment 
                        facility, or judicial systems for juveniles and 
                        adults;
                            ``(v) a parent-led group or other 
                        organization that supports and advocates for 
                        individuals with Fetal Alcohol Spectrum 
                        Disorders;
                            ``(vi) an Indian tribe or tribal 
                        organization;
                            ``(vii) any other entity the Secretary 
                        determines to be appropriate; or
                            ``(viii) a consortium of any of the 
                        entities described in clauses (i) through 
                        (vii); and
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                reasonably require, including assurances that the 
                entity submitting the application does, at the time of 
                application, or will, within a reasonable amount of 
                time from the date of application, include substantive 
                participation of a broad range of entities that work 
                with or provide services for individuals with Fetal 
                Alcohol Spectrum Disorders.
            ``(3) Activities.--An eligible entity shall use amounts 
        received under a grant, contract, or cooperative agreement 
        under this subsection shall carry out 1 or more of the 
        following activities:
                    ``(A) Integrating Fetal Alcohol Spectrum Disorders 
                services into existing programs and services available 
                in the community.
                    ``(B) Conducting a needs assessment to identify 
                services that are not available in a community.
                    ``(C) Developing and implementing community-based 
                initiatives to prevent, diagnose, treat, and provide 
                support services to individuals with Fetal Alcohol 
                Spectrum Disorders.
                    ``(D) Disseminating information about Fetal Alcohol 
                Spectrum Disorders and the availability of support 
                services.
                    ``(E) Developing and implementing a community-wide 
                public awareness and outreach campaign focusing on the 
                dangers of drinking alcohol while pregnant.
                    ``(F) Providing mentoring or other support to 
                families of individuals with Fetal Alcohol Spectrum 
                Disorders.
                    ``(G) Other activities determined appropriate by 
                the Secretary.
            ``(4) 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 2010 through 2014.
    ``(e) Development of Best Practices.--
            ``(1) In general.--The Secretary, in coordination with the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration, shall award grants to States, Indian tribes and 
        tribal organizations, and nongovernmental organizations for the 
        establishment of pilot projects to identify and implement best 
        practices for--
                    ``(A) educating children with fetal alcohol 
                spectrum disorders, including--
                            ``(i) activities and programs designed 
                        specifically for the identification, treatment, 
                        and education of such children; and
                            ``(ii) curricula development and 
                        credentialing of teachers, administrators, and 
                        social workers who implement such programs;
                    ``(B) educating judges, attorneys, probation 
                officers, child advocates, law enforcement officers, 
                prison wardens, alternative incarceration 
                administrators, and incarceration officials on how to 
                treat and support individuals suffering from Fetal 
                Alcohol Spectrum Disorders within the criminal justice 
                system, including--
                            ``(i) programs designed specifically for 
                        the identification, treatment, and education of 
                        those with Fetal Alcohol Spectrum Disorders; 
                        and
                            ``(ii) curricula development and 
                        credentialing within the justice system for 
                        individuals who implement such programs; and
                    ``(C) educating adoption or foster care agency 
                officials about available and necessary services for 
                children with Fetal Alcohol Spectrum Disorders, 
                including--
                            ``(i) programs designed specifically for 
                        the identification, treatment, and education of 
                        those with Fetal Alcohol Spectrum Disorders; 
                        and
                            ``(ii) education and training for potential 
                        parents of an adopted child with Fetal Alcohol 
                        Spectrum Disorders.
            ``(2) Application.--To be eligible for a grant under 
        paragraph (1), an entity shall prepare and submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(3) 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 2010 
        through 2014.
    ``(f) Transitional Services.--
            ``(1) In general.--The Secretary shall award demonstration 
        grants, contracts, and cooperative agreements to States, Indian 
        tribes and tribal organizations, and nongovernmental 
        organizations for the purpose of establishing integrated 
        systems for providing transitional services for those affected 
        by prenatal alcohol exposure and evaluating their 
        effectiveness.
            ``(2) Application.--To be eligible for a grant, contract, 
        or cooperative agreement under paragraph (1), an entity shall 
        prepare and submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may reasonably require, including specific 
        credentials relating to education, skills, training, and 
        continuing educational requirements relating to Fetal Alcohol 
        Spectrum Disorders.
            ``(3) Allowable uses.--An entity shall use amounts received 
        under a grant, contract, or cooperative agreement under 
        paragraph (1) to--
                    ``(A) provide housing assistance to, or specialized 
                housing for, adults with Fetal Alcohol Spectrum 
                Disorders;
                    ``(B) provide vocational training and placement 
                services for adults with Fetal Alcohol Spectrum 
                Disorders;
                    ``(C) provide medication monitoring services for 
                adults with Fetal Alcohol Spectrum Disorders;
                    ``(D) provide training and support to organizations 
                providing family services or mental health programs and 
                other organizations that work with adults with Fetal 
                Alcohol Spectrum Disorders; and
                    ``(E) establish and evaluate housing models 
                specially designed for adults with Fetal Alcohol 
                Spectrum Disorders.
            ``(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 2010 
        through 2014.
    ``(g) Federally Qualified Health Center Initiative.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Health Resources and Services 
        Administration, shall award grants to federally qualified 
        health centers acting in collaboration with States, Indian 
        tribes, tribal organizations, and nongovernmental 
        organizations, for the establishment of a 5-year demonstration 
        program to implement and evaluate a program to increase the 
        awareness and identification of Fetal Alcohol Spectrum 
        Disorders in federally qualified health centers and to refer 
        affected individuals to appropriate support services.
            ``(2) Application.--To be eligible to receive a grant under 
        paragraph (1), a federally qualified health center, or a State, 
        Indian tribe, tribal organization, or nongovernment 
        organization with a demonstrated record of implementing Fetal 
        Alcohol Spectrum Disorders programming in federally qualified 
        heath centers, shall prepare and submit to the Administrator an 
        application at such time, in such manner, and containing such 
        information as the Administrator may reasonably require.
            ``(3) Activities.--A federally qualified health center, or 
        other eligible entity, shall use amounts received under a grant 
        under paragraph (1) to--
                    ``(A) provide training for health care providers on 
                identifying and educating women who are at risk for 
                alcohol consumption during pregnancy;
                    ``(B) provide training for health care providers on 
                screening children for Fetal Alcohol Spectrum 
                Disorders;
                    ``(C) educate health care providers and other 
                relevant federally qualified health center workers on 
                the support services available for those with Fetal 
                Alcohol Spectrum Disorders and treatment services 
                available for women at risk for alcohol consumption 
                during pregnancy; and
                    ``(D) implement a tracking system that can identify 
                the rates of Fetal Alcohol Spectrum Disorders by 
                racial, ethnic, and economic backgrounds.
            ``(4) Selection of participants.--The Administrator shall 
        determine the number of federally qualified health centers that 
        will participate in the demonstration program under this 
        subsection and shall select participants, to the extent 
        practicable, that are located in different regions of the 
        United States and that serve a racially and ethnically diverse 
        population.
            ``(5) 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 2010 
        through 2014.
            ``(6) Report to congress.--Not later than 1 year after 
        completion of the demonstration program under this subsection, 
        the Administrator shall prepare and submit to Congress a report 
        on the results of the demonstration program, including--
                    ``(A) changes in the number of women screened for 
                and identified as at risk for alcohol consumption 
                during pregnancy;
                    ``(B) changes in the number of individuals 
                identified as having a Fetal Alcohol Spectrum Disorder; 
                and
                    ``(C) changes in the number of alcohol-consuming 
                pregnant women and individuals with Fetal Alcohol 
                Spectrum Disorders who were referred to appropriate 
                services.'';
            (4) in subsection (h)(1) (as so redesignated)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by adding ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(E) national public service announcements to 
                raise public awareness of the risks associated with 
                alcohol consumption during pregnancy with the purpose 
                of reducing the prevalence of Fetal Alcohol Spectrum 
                Disorders, that shall--
                            ``(i) be developed, conducted, and 
                        evaluated prior to broadcast by relevant 
                        Federal agencies with the advice of the 
                        Interagency Coordinating Committee on Fetal 
                        Alcohol Syndrome taking into consideration the 
                        expertise and experience of other relevant 
                        Federal agencies;
                            ``(ii) be broadcast through appropriate 
                        media outlets, including the Internet, 
                        television or radio, in a manner intended to 
                        reach women at risk of alcohol consumption 
                        during pregnancy; and
                            ``(iii) be measured prior to broadcast of 
                        the national public service announcements to 
                        provide baseline data that will be used to 
                        evaluate the effectiveness of the 
                        announcements.''; and
            (5) in subsection (k) (as so redesignated)--
                    (A) in paragraph (1), by striking ``National Task 
                Force on Fetal Alcohol Syndrome and Fetal Alcohol 
                Effect'' and inserting ``National Task Force on Fetal 
                Alcohol Spectrum Disorders'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (C), by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(D) explore the feasibility of whether Fetal 
                Alcohol Syndrome and other prenatal alcohol disorders, 
                or a subset of these disorders, should be included in 
                the Diagnostic and Statistic Manual of Mental 
                Disorders; and
                    ``(E) in collaboration with the National Institute 
                on Alcohol Abuse and Alcoholism, the Centers for 
                Disease Control and Prevention, researchers, and 
                experts in the field, develop a standard clinical case 
                definition for diagnostic guideline and criteria for 
                prenatal alcohol-related conditions other than Fetal 
                Alcohol Syndrome.''; and
                    (C) by striking ``Fetal Alcohol Syndrome and Fetal 
                Alcohol Effect'' each place that such appears and 
                inserting ``Fetal Alcohol Spectrum Disorders''.

SEC. 4. COORDINATION AMONG FEDERAL ENTITIES.

    Part O of title III of the Public Health Service Act (42 U.S.C. 
280f et seq.) is amended by adding at the end the following:

``SEC. 399K-1. COORDINATION AMONG FEDERAL ENTITIES.

    ``(a) Interagency Coordinating Committee on Fetal Alcohol 
Syndrome.--The Secretary, acting through the Director of the National 
Institute on Alcohol Abuse and Alcoholism, shall provide for the 
continuation of the Interagency Coordinating Committee on Fetal Alcohol 
Syndrome so that such Committee may--
            ``(1) coordinate activities conducted by the Federal 
        Government on Fetal Alcohol Spectrum Disorders, including 
        convening meetings, establishing work groups, sharing 
        information, and facilitating and promoting collaborative 
        projects among Federal agencies; and
            ``(2) develop, in consultation with the National Task Force 
        on Fetal Alcohol Spectrum Disorders, priority areas for years 
        2010 through 2014 to guide Federal programs and activities 
        related to Fetal Alcohol Spectrum Disorders.
    ``(b) Coordination Among Federal Entities.--
            ``(1) In general.--The Comptroller General of the United 
        States shall evaluate and make recommendations regarding the 
        appropriate roles and responsibilities of Federal entities with 
        respect to programs and activities related to Fetal Alcohol 
        Spectrum Disorders.
            ``(2) Covered entities.--The Federal entities under 
        paragraph (1) shall include entities within the National 
        Institutes of Health, the Centers for Disease Control and 
        Prevention, the Substance Abuse and Mental Health Services 
        Administration, the Health Resources and Services 
        Administration, the Indian Health Service, the Agency for 
        Healthcare Research and Quality, the Interagency Coordinating 
        Committee on Fetal Alcohol Syndrome, the National Task Force on 
        Fetal Alcohol Spectrum Disorders, as well as the Office of 
        Special Education and Rehabilitative Services in the Department 
        of Education and the Office of Juvenile Justice and Delinquency 
        Prevention in the Department of Justice.
            ``(3) Evaluation.--The evaluation conducted by the 
        Comptroller General under paragraph (1) shall include--
                    ``(A) an assessment of the current roles and 
                responsibilities of Federal entities with programs and 
                activities related to Fetal Alcohol Spectrum Disorders; 
                and
                    ``(B) an assessment of whether there is duplication 
                in programs and activities, conflicting roles and 
                responsibilities, or lack of coordination among Federal 
                entities.
            ``(4) Recommendation.--The Comptroller General shall 
        provide recommendations on the appropriate roles and 
        responsibilities of the Federal entities described in paragraph 
        (2) in order to maximize the effectiveness of Federal programs 
        and activities related to Fetal Alcohol Spectrum Disorders.
            ``(5) Completion.--Not later than 1 year after the date of 
        enactment of the Advancing FASD Research, Prevention, and 
        Services Act, the Comptroller General shall complete the 
        evaluation and submit to Congress a report on the findings and 
        recommendations made as a result of the evaluation.''.

SEC. 5. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SPECTRUM DISORDERS.

    Section 519C(b) of the Public Health Service Act (42 U.S.C. 290bb-
25c(b)) is amended--
            (1) in paragraph (11), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (12) as paragraph (15); and
            (3) by inserting after paragraph (11), the following:
            ``(12) provide respite care for caretakers of individuals 
        with Fetal Alcohol Syndrome and other prenatal alcohol-related 
        disorders;
            ``(13) recruit and train mentors for individuals with Fetal 
        Alcohol Syndrome and other prenatal alcohol-related disorders;
            ``(14) provide educational and supportive services to 
        families of individuals with Fetal Alcohol Spectrum Disorders; 
        and''.

SEC. 6. PREVENTION, INTERVENTION, AND SERVICES IN THE EDUCATION SYSTEM.

    (a) General Rule.--The Secretary of Education shall be the lead 
Federal official with responsibility over education-related issues with 
respect to children with Fetal Alcohol Spectrum Disorders.
    (b) Specific Responsibilities.--The Secretary of Education shall 
direct the Office of Special Education and Rehabilitative Services to--
            (1) conduct and disseminate training on a nationwide Fetal 
        Alcohol Spectrum Disorders surveillance campaign to local 
        education agencies and early childhood education providers in 
        collaboration with the National Center on Birth Defects and 
        Developmental Disabilities under section 399H(b) of the Public 
        Health Service Act (as added by this Act);
            (2) collect, collate, and disseminate (through the Internet 
        Web site of the Department of Education, at teacher-to-teacher 
        workshops, and through other means) evidence-based practices 
        that are effective in the education and support of children 
        with Fetal Alcohol Syndrome Disorders, including any special 
        techniques on how to assist children with Fetal Alcohol 
        Spectrum Disorders, in both special and traditional educational 
        settings, such practices to incorporate information concerning 
        the identification, behavioral supports, teaching, and learning 
        associated with Fetal Alcohol Spectrum Disorders, to--
                    (A) education groups such as the National 
                Association of School Boards, the National Education 
                Association, the American Federation of Teachers, the 
                National Association of Elementary School Principals, 
                and the National Association of Secondary School 
                Principals;
                    (B) 21st Century Community Learning Center program 
                grantees and other after school program personnel; and
                    (C) Parent Teacher Associations, Parent Information 
                and Training Centers, family aid programs, and other 
                appropriate education organizations;
            (3) ensure that, in administering the Individuals with 
        Disabilities Education Act, parents, educators, and advocates 
        for children with disabilities are aware that children with 
        Fetal Alcohol Spectrum Disorders have the right to access 
        general curriculum under the least restrictive environment;
            (4) collaborate with other Federal agencies to include 
        Fetal Alcohol Spectrum Disorders-related information or 
        activities in programs related to maternal health, health 
        education, and sex education;
            (5) collaborate with the Secretary of Health and Human 
        Services to ensure that Fetal Alcohol Spectrum Disorders 
        prevention grants under section 399H of the Public Health 
        Service Act include education concerning Fetal Alcohol Spectrum 
        Disorders in the sexual and health education curricula of 
        schools; and
            (6) support efforts by peer advisory networks of 
        adolescents in schools organized to discourage the use of 
        alcohol while pregnant or considering getting pregnant.

SEC. 7. PREVENTION, INTERVENTION, AND SERVICES IN THE JUSTICE SYSTEM.

    The Attorney General shall direct the Office of Juvenile Justice 
and Delinquency Prevention to--
            (1) implement screening procedures and conduct training on 
        a nationwide Fetal Alcohol Spectrum Disorders surveillance 
        campaign for the Department of Justice in collaboration with 
        the efforts of the National Center on Birth Defects and 
        Developmental Disabilities under section 399H(b) of the Public 
        Health Service Act (as added by this Act);
            (2) introduce training curricula on how to most effectively 
        identify and interact with individuals with Fetal Alcohol 
        Spectrum Disorders in both the juvenile and adult justice 
        systems, and investigate incorporating information about the 
        identification, prevention, and treatment of the disorders into 
        justice professionals' credentialing requirements;
            (3) promote the tracking of individuals entering the 
        juvenile justice system with at-risk backgrounds that indicates 
        them as high probability for having a Fetal Alcohol Spectrum 
        Disorder, especially those individuals whose mothers have a 
        record of heavy or binge drinking during pregnancy as reported 
        by the appropriate child protection agency;
            (4) educate judges, attorneys, probation officers, child 
        advocates, law enforcement officers, prison wardens, 
        alternative incarceration administrators, and incarceration 
        officials on how to treat and support individuals suffering 
        from Fetal Alcohol Spectrum Disorders within the juvenile and 
        adult justice systems, including--
                    (A) programs designed specifically for the 
                identification, treatment, and education of such 
                children; and
                    (B) curricula development and credentialing of 
                teachers, administrators, and social workers who 
                implement such programs;
            (5) conduct a study on the inadequacies of how the current 
        system processes children with certain developmental delays and 
        subsequently implement alternative methods of incarceration and 
        treatment that are more effective for youth offenders 
        identified to have a Fetal Alcohol Spectrum Disorder; and
            (6) collaborate with Fetal Alcohol Spectrum Disorders 
        professionals and implement transition programs for juveniles 
        and adults with Fetal Alcohol Spectrum Disorders who are 
        released from incarceration.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Authorization of Appropriations.--Section 399J of the Public 
Health Service Act (42 U.S.C. 280f-2) is amended by striking ``the 
part'' and all that follows through the period and inserting 
``subsections (h) through (k) of section 399H, $27,000,000 for each of 
fiscal years 2010 through 2014''.
    (b) Repeal of Sunset.--Section 399K of the Public Health Service 
Act (42 U.S.C. 280f-3) is repealed.
                                 <all>
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