An act to amend the Public Health Service Act to reauthorize a program for early detection, diagnosis, and treatment regarding deaf and hard-of- hearing newborns, infants, and young children
PL 115-71 (S.652), enacted 10/18/2017

131 STAT. 1218 
PUBLIC LAW 115–71—OCT. 18, 2017 
Public Law 115–71 
115th Congress 
An Act 
To amend the Public Health Service Act to reauthorize a program for early detection, 
diagnosis, and treatment regarding deaf and hard-of-hearing newborns, infants, 
and young children. 
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 ‘‘Early Hearing Detection and 
Intervention Act of 2017’’. 
SEC. 2. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, 
DIAGNOSIS, AND TREATMENT REGARDING DEAF AND HARD- 
OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN. 
(a) SECTION HEADING.—The section heading of section 399M 
of the Public Health Service Act (42 U.S.C. 280g–1) is amended 
to read as follows: 
‘‘SEC. 
399M. 
EARLY 
DETECTION, 
DIAGNOSIS, 
AND 
TREATMENT 
REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, 
INFANTS, AND YOUNG CHILDREN.’’. 
(b) STATEWIDE SYSTEMS.—Section 399M(a) of the Public Health 
Service Act (42 U.S.C. 280g–1(a)) is amended— 
(1) in the subsection heading, by striking ‘‘NEWBORN AND 
INFANT’’ and inserting ‘‘NEWBORN, INFANT, AND YOUNG CHILD’’; 
(2) in the matter preceding paragraph (1)— 
(A) by striking ‘‘newborn and infant’’ and inserting 
‘‘newborn, infant, and young child’’; and 
(B) by striking ‘‘providers,’’ and inserting ‘‘providers 
(including, as appropriate, education and training of family 
members),’’; 
(3) in paragraph (1)— 
(A) in the first sentence— 
(i) by striking ‘‘newborns and infants’’ and 
inserting ‘‘newborns, infants, and young children 
(referred to in this section as ‘children’)’’; and 
(ii) by striking ‘‘and medical’’ and all that follows 
through the period and inserting ‘‘medical, and commu-
nication 
(or 
language 
acquisition) 
interventions 
(including family support), for children identified as 
deaf or hard-of-hearing, consistent with the following:’’; 
(B) in the second sentence— 
(i) by striking ‘‘Early’’ and inserting the following: 
‘‘(A) Early’’; 
Early Hearing 
Detection and 
Intervention Act 
of 2017. 
42 USC 201 note. 
Oct. 18, 2017 
[S. 652] 
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131 STAT. 1219 
PUBLIC LAW 115–71—OCT. 18, 2017 
(ii) by striking ‘‘and delivery of’’ and inserting ‘‘, 
and delivery of,’’; 
(iii) by striking ‘‘by schools’’ and all that follows 
through ‘‘programs mandated’’ and inserting ‘‘by 
organizations such as schools and agencies (including 
community, consumer, and family-based agencies), in 
health care settings (including medical homes for chil-
dren), and in programs mandated’’; and 
(iv) by striking ‘‘hard of hearing’’ and all that 
follows through the period and inserting ‘‘hard-of- 
hearing children.’’; and 
(C) by striking the last sentence and inserting the 
following: 
‘‘(B) Information provided to families should be 
accurate, comprehensive, up-to-date, and evidence-based, 
as appropriate, to allow families to make important 
decisions for their children in a timely manner, including 
decisions with respect to the full range of assistive hearing 
technologies and communications modalities, as appro-
priate. 
‘‘(C) Programs and systems under this paragraph shall 
offer mechanisms that foster family-to-family and deaf and 
hard-of-hearing consumer-to-family supports.’’; 
(4) in paragraph (2), by striking ‘‘To collect’’ and all that 
follows through the period and inserting ‘‘To continue to provide 
technical support to States, through one or more technical 
resource centers, to assist in further developing and enhancing 
State early hearing detection and intervention programs.’’; and 
(5) by striking paragraph (3) and inserting the following: 
‘‘(3) To identify or develop efficient models (educational 
and medical) to ensure that children who are identified as 
deaf or hard-of-hearing through screening receive follow-up by 
qualified early intervention providers or qualified health care 
providers (including those at medical homes for children), and 
referrals, as appropriate, including to early intervention serv-
ices under part C of the Individuals with Disabilities Education 
Act. State agencies shall be encouraged to effectively increase 
the rate of such follow-up and referral.’’. 
(c) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED 
RESEARCH.—Section 399M(b)(1) of the Public Health Service Act 
(42 U.S.C. 280g–1(b)(1)) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The Secretary’’; 
(B) by striking ‘‘to complement an intramural program 
and’’ and inserting the following: ‘‘or designated entities 
of States— 
‘‘(i) to develop, maintain, and improve data collec-
tion systems related to newborn, infant, and young 
child 
hearing 
screening, 
evaluation 
(including 
audiologic, medical, and language acquisition evalua-
tions), diagnosis, and intervention services;’’; 
(C) by striking ‘‘to conduct’’ and inserting the following: 
‘‘(ii) to conduct’’; and 
(D) by striking ‘‘newborn’’ and all that follows through 
the period and inserting the following: ‘‘newborn, infant, 
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131 STAT. 1220 
PUBLIC LAW 115–71—OCT. 18, 2017 
and young child hearing screening, evaluation, and inter-
vention programs and outcomes; 
‘‘(iii) to ensure quality monitoring of hearing 
screening, evaluation, and intervention programs and 
systems for newborns, infants, and young children; 
and 
‘‘(iv) to support newborn, infant, and young child 
hearing screening, evaluation, and intervention pro-
grams, and information systems.’’; 
(2) in the second sentence— 
(A) by striking the matter that precedes subparagraph 
(A) and all that follows through subparagraph (C) and 
inserting the following: 
‘‘(B) USE
OF
AWARDS.—The awards made under 
subparagraph (A) may be used— 
‘‘(i) to provide technical assistance on data collec-
tion and management, including to coordinate and 
develop standardized procedures for data management; 
‘‘(ii) to assess and report on the cost and program 
effectiveness of newborn, infant, and young child 
hearing screening, evaluation, and intervention pro-
grams and systems; 
‘‘(iii) to collect data and report on newborn, infant, 
and young child hearing screening, evaluation, diag-
nosis, and intervention programs and systems for 
applied research, program evaluation, and policy 
improvement;’’; 
(B) by redesignating subparagraphs (D), (E), and (F) 
as clauses (iv), (v), and (vi), respectively, and aligning the 
margins of those clauses with the margins of clause (i) 
of subparagraph (B) (as inserted by subparagraph (A) of 
this paragraph); 
(C) in clause (v) (as redesignated by subparagraph 
(B) of this paragraph)— 
(i) by striking ‘‘newborn and infant’’ and inserting 
‘‘newborn, infant, and young child’’; and 
(ii) by striking ‘‘language status’’ and inserting 
‘‘hearing status’’; and 
(D) in clause (vi) (as redesignated by subparagraph 
(B) of this paragraph)— 
(i) by striking ‘‘sharing’’ and inserting ‘‘integration 
and interoperability’’; and 
(ii) by striking ‘‘with State-based’’ and all that 
follows through the period and inserting ‘‘across mul-
tiple sources to increase the flow of information 
between clinical care and public health settings, 
including the ability of States and territories to 
exchange and share data.’’. 
(d) COORDINATION
AND COLLABORATION.—Section 399M(c) of 
the Public Health Service Act (42 U.S.C. 280g–1(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘consult with’’ and inserting ‘‘consult 
with—’’; 
(B) by striking ‘‘other Federal’’ and inserting the fol-
lowing: 
‘‘(A) other Federal’’; 
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131 STAT. 1221 
PUBLIC LAW 115–71—OCT. 18, 2017 
(C) by striking ‘‘State and local agencies, including 
those’’ and inserting the following: 
‘‘(B) State and local agencies, including agencies’’; 
(D) by striking ‘‘consumer groups of and that serve’’ 
and inserting the following: 
‘‘(C) consumer groups of, and that serve,’’; 
(E) by striking ‘‘appropriate national’’ and inserting 
the following: 
‘‘(D) appropriate national’’; 
(F) by striking ‘‘persons who are deaf and’’ and 
inserting the following: 
‘‘(E) individuals who are deaf or’’; 
(G) by striking ‘‘other qualified’’ and inserting the fol-
lowing: 
‘‘(F) other qualified’’; 
(H) by striking ‘‘newborns, infants, toddlers, children,’’ 
and inserting ‘‘children,’’; 
(I) by striking ‘‘third-party’’ and inserting the following: 
‘‘(G) third-party’’; and 
(J) by striking ‘‘related commercial’’ and inserting the 
following: 
‘‘(H) related commercial’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘States to establish newborn and infant’’ 
and inserting the following: ‘‘States— 
‘‘(A) to establish newborn, infant, and young child’’; 
(B) by inserting a semicolon after ‘‘subsection (a)’’; and 
(C) by striking ‘‘to develop’’ and inserting the following: 
‘‘(B) to develop’’. 
(e) RULE OF CONSTRUCTION; RELIGIOUS ACCOMMODATION.—Sec-
tion 399M(d) of the Public Health Service Act (42 U.S.C. 280g– 
1(d)) is amended— 
(1) by striking ‘‘which’’ and inserting ‘‘that’’; 
(2) by striking ‘‘newborn infants or young’’; and 
(3) by striking ‘‘parents’ ’’ and inserting ‘‘parent’s’’. 
(f) DEFINITIONS.—Section 399M(e) of the Public Health Service 
Act (42 U.S.C. 280g–1(e)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(1)’’ and all that follows through ‘‘to 
procedures’’ and inserting the following: 
‘‘(1) The term ‘audiologic’, when used in connection with 
evaluation, means procedures—’’; 
(B) by striking ‘‘to assess’’ and inserting the following: 
‘‘(A) to assess’’; 
(C) by striking ‘‘to establish’’ and inserting the fol-
lowing: 
‘‘(B) to establish’’; 
(D) by striking ‘‘auditory disorder;’’ and inserting 
‘‘auditory disorder,’’; 
(E) by striking ‘‘to identify’’ and inserting the following: 
‘‘(C) to identify’’; 
(F) by striking ‘‘options.’’ and all that follows through 
‘‘linkage’’ and inserting the following: ‘‘options, including— 
‘‘(i) linkage’’; 
(G) by striking ‘‘appropriate agencies,’’ and all that 
follows through ‘‘national’’ and inserting the following: 
‘‘appropriate agencies; 
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131 STAT. 1222 
PUBLIC LAW 115–71—OCT. 18, 2017 
‘‘(ii) medical evaluation; 
‘‘(iii) assessment for the full range of assistive 
hearing technologies appropriate for newborns, infants, 
and young children; 
‘‘(iv) audiologic rehabilitation treatment; and 
‘‘(v) referral to national’’; and 
(H) by striking ‘‘parent, and education’’ and inserting 
‘‘parent, family, and education’’; 
(2) by striking paragraph (2); 
(3) by redesignating paragraphs (3) through (6) as para-
graphs (2) through (5); 
(4) in paragraph (2) (as redesignated by paragraph (3) 
of this subsection)— 
(A) by striking ‘‘refers to providing’’ and inserting the 
following: ‘‘means— 
‘‘(A) providing’’; 
(B) by striking ‘‘with hearing loss, including nonmed-
ical services,’’ and inserting ‘‘who is deaf or hard-of-hearing, 
including nonmedical services;’’; 
(C) by striking ‘‘ensuring that families of the child 
are provided’’ and inserting the following: 
‘‘(B) ensuring that the family of the child is— 
‘‘(i) provided’’; 
(D) by striking ‘‘language and communication options 
and are given’’ and inserting the following: ‘‘language 
acquisition in oral and visual modalities; and 
‘‘(ii) given’’; and 
(E) by striking ‘‘their child’’ and inserting ‘‘the child’’; 
(5) in paragraph (3) (as redesignated by paragraph (3) 
of this subsection), by striking ‘‘(3)’’ and all that follows through 
‘‘decision making’’ and inserting ‘‘The term ‘medical evaluation’ 
means key components performed by a physician including 
history, examination, and medical decisionmaking’’; 
(6) in paragraph (4) (as redesignated by paragraph (3) 
of this subsection)— 
(A) by striking ‘‘refers to’’ and inserting ‘‘means’’; 
(B) by striking ‘‘and/or surgical’’ and inserting ‘‘or sur-
gical’’; and 
(C) by striking ‘‘of hearing’’ and all that follows through 
‘‘disorder’’ and inserting ‘‘for hearing loss or other medical 
disorders’’; and 
(7) in paragraph (5) (as redesignated by paragraph (3) 
of this subsection)— 
(A) by striking ‘‘(5)’’ and all that follows through ‘‘refers 
to’’ and inserting ‘‘(5) The term ‘newborn, infant, and young 
child hearing screening’ means’’; and 
(B) by striking ‘‘and infants’’ and inserting ‘‘, infants, 
and young children under 3 years of age’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 399M(f) of the 
Public Health Service Act (42 U.S.C. 280g–1(f)) is amended— 
(1) in paragraph (1), by striking ‘‘such sums’’ and all that 
follows through the period and inserting ‘‘$17,818,000 for fiscal 
year 2018, $18,173,800 for fiscal year 2019, $18,628,145 for 
fiscal year 2020, $19,056,592 for fiscal year 2021, and 
$19,522,758 for fiscal year 2022.’’; and 
(2) in paragraph (2), by striking ‘‘such sums’’ and all that 
follows through the period and inserting ‘‘$10,800,000 for fiscal 
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131 STAT. 1223 
PUBLIC LAW 115–71—OCT. 18, 2017 
LEGISLATIVE HISTORY—S. 652: 
CONGRESSIONAL RECORD, Vol. 163 (2017): 
Sept. 6, considered and passed Senate. 
Oct. 3, considered and passed House. 
year 2018, $11,026,800 for fiscal year 2019, $11,302,470 for 
fiscal year 2020, $11,562,427 for fiscal year 2021, and 
$11,851,488 for fiscal year 2022.’’. 
Approved October 18, 2017. 
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