Birth Defects Prevention Act of 1998
PL 105-168 (S.419), enacted 04/21/1998

PUBLIC LAW 105-168—APR. 21, 1998 
112 STAT. 43 
Public Law 105-168 
105th Congress 
An Act 
To provide surveillance, research, and services aimed at prevention of birth defects, 
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; FINDINGS. 
(a) SHORT TITLE.—^This Act may be cited as the "Birth Defects 
Prevention Act of 1998". 
(b) FINDINGS.—Congress msikes the following findings: 
(1) Birth defects are the leading cause of infant mortality, 
directly responsible for one out of every five infant deaths. 
(2) Thousands of the 150,000 infants bom with a serious 
birth defect annually face a lifetime of chronic disability and 
illness. 
(3) Birth defects threaten the lives of infants of all racial 
and ethnic backgrounds. However, some conditions pose excess 
risks for certain populations. For example, compared to all 
infants bom in the United States, Hispanic-American infants 
are more likely to be bom with anencephaly spina bifida sind 
other neural tube defects and African-American infants are 
more likely to be bom with sickle-cell anemia. 
(4) Birth defects can be caused by exposure to environ-
mental hazards, adverse health conditions during pregnsincy, 
or genetic mutations. Prevention efforts are slowed by lack 
of information about the number and causes of birth defects. 
Outbreaks of birth defects may go undetected because surveil-
lance and research efforts are underdeveloped and poorly 
coordinated. 
(5) Public awareness strategies, such as programs using 
folic acid vitamin supplements to prevent spina bifida and 
alcohol avoidance programs to prevent Fetal Alcohol Syndrome, 
are essential to prevent the heartache and costs associated 
with birth defects. 
SEC. 2. PROGRAMS REGARDING BIRTH DEFECTS. 
Section 317C of the Public Health Service Act (42 U.S.C. 247b-
4) is amended to read as follows: 
"PROGRAMS REGARDING BIRTH DEFECTS 
" S E C 317C. (a) IN GENERAL.—The Secretary, acting through 
the Director of the Centers for Disease Control and Prevention, 
shall carry out programs— 
"(1) to collect, analyze, and make available data on birth 
defects (in a manner that faciUtates compliance with subsection 
Apr. 21, 1998 
[S. 419] 
Birth Defects 
Prevention Act of 
1998. 
42 use 201 note. 
42USC247b-4 
note. 
112 STAT. 44 
PUBLIC LAW 105-168—APR. 21, 1998 
Public 
infonnation. 
Establishment. 
(dX2)), including data on the causes of such defects and on 
the incidence and prevalence of such defects; 
"(2) to operate regional centers for the conduct of applied 
epidemiological research on the prevention of such defects; and 
"(3) to provide information and education to the public 
on the prevention of such defects. 
"(b) 
ADDITIONAL 
PROVISIONS 
REGARDING 
COLLECTION 
OF 
DATA.— 
"(1) IN GENERAL.—In carrying out subsection (aXl), the 
Secretary— 
"(A) shall collect and analyze data by gender and by 
racial and ethnic group, including Hispanics, non-Hispanic 
whites. Blacks, Native Americans, Asian i^ericans, and 
Pacific Islanders; 
"(B) shall collect data under subparagraph (A) from 
birth certificates, death certificates, hospital records, and 
such other sources as the Secretary determines to be appro-
priate; and 
"(C) shall encourage States to establish or improve 
programs for the collection and analysis of epidemiologicsd 
data on birth defects, and to make the data available. 
"(2) NATIONAL CLEARINGHOUSE.—In carrying out subsection 
(a)(1), the Secretary shall establish and maintain a National 
Information Clearinghouse on Birth Defects to collect and 
disseminate to health professionals and the general public 
information on birth defects, including the prevention of such 
defects. 
"(c) GRANTS AND CONTRACTS.— 
"(1) IN GENERAL.—^In carrying out subsection (a), the Sec-
retary may make grants to and enter into contracts with public 
and nonprofit private entities. 
"(2) SUPPLIES AND SERVICES IN LIEU OF AWARD FUNDS.— 
"(A) • Upon the request of a recipient of an award of 
a grant or contract under paragraph (1), the Secretary 
may, subject to subparagraph (B), provide supplies, equip-
ment, and services for the purpose of aiding the recipient 
in canying out the purposes for which the award is made 
and, for such purposes, may detail to the recipient any 
officer or employee of the Department of Health and 
Human Services. 
"(B) With respect to a request described in subpara-
graph (A), the Secretary shall reduce the amount of pay-
ments under the award involved by an amount equal to 
the costs of detailing personnel and the fair market value 
of any supplies, equipment, or services provided by the 
Secretary. The Secretary shall, for the payment of expenses 
incurred in complying with such request, expend the 
amounts withheld. 
"(3) APPLICATION FOR AWARD.^The Secretary may make 
an award of a grant or contract under paragraph (1) only 
if an application for the award is submitted to the Secretary 
and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information 
as the Secretary determines to be necessary to carry out the 
purposes for which the award is to be made. 
"(d) BIENNIAL REPORT.—^Not later than February 1 of fiscal 
year 1999 and of every second such year thereafter, the Secretary 
PUBLIC LAW 105-168—APR. 21, 1998 
112 STAT. 45 
shall submit to the Committee on Commerce of the House of Rep-
resentatives, and the Committee on Labor and Human Resources 
of the Senate, a report that, with respect to the preceding 2 fiscal 
years— 
"(1) contains information regarding the incidence and 
prevalence of birth defects and the extent to which birth defects 
have contributed to the incidence and prevalence of infant 
mortality; 
"(2) contains information under paragraph (1) that is spe-
cific to various racial and ethnic groups (including Hispanics, 
non-Hispanic whites, Blacks, Native Americans, and Asian 
Americans); 
"(3) contains an assessment of the extent to which various 
approaches of preventing birth defects have been effiective; 
"(4) describes the activities carried out under this section; 
and 
"(5) contains any recommendations of the Secretary regard-
ing this section. 
"(e) APPLICABILITY OF PRIVACY LAWs.^The provisions of this 
section shall be subject to the requirements of section 552a of 
title 5, United States Code. All Federal laws relating to the privacy 
of information shall apply to the data and information that is 
collected under this section. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there are authorized to be appropriated 
$30,000,000 for fiscal year 1999, $40,000,000 for fiscal year 2000, 
and such sums as may be necessary for each of the fiscal years 
2001 and 2002.". 
Approved April 21, 1998. 
LEGISLATIVE HISTORY—S. 419: 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): June 12, considered and passed Senate. 
Vol. 144 (1998): Mar. 10, considered and passed House.