[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 398 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 398

     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

_______________________________________________________________________

                                 A BILL


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

    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 ``Birth Defects and Developmental 
Disabilities Prevention Act of 2003''.

SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL 
              DISABILITIES.

    Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is 
amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``and developmental 
                        disabilities'' and inserting ``, developmental 
                        disabilities, and disabilities and health''; 
                        and
                            (ii) by striking ``subsection (d)(2)'' and 
                        inserting ``subsection (c)(2)'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by striking the period and 
                inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(D) to conduct research on and to promote the 
                prevention of such defects and disabilities, and 
                secondary health conditions among individuals with 
                disabilities; and
                    ``(E) to support a National Spina Bifida Program to 
                prevent and reduce suffering from the Nation's most 
                common permanently disabling birth defect.'';
            (2) by striking subsection (b);
            (3) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) contains information regarding the incidence and 
        prevalence of birth defects, developmental disabilities, and 
        the health status of individuals with disabilities and the 
        extent to which these conditions have contributed to the 
        incidence and prevalence of infant mortality and affected 
        quality of life;'';
                    (B) in paragraph (3), by inserting ``, 
                developmental disabilities, and secondary health 
                conditions among individuals with disabilities'' after 
                ``defects'';
                    (C) in paragraph (4), by striking ``and'' at the 
                end;
                    (D) by redesignating paragraph (5) as paragraph 
                (7); and
                    (E) by inserting after paragraph (4) the following:
            ``(5) contains information on the incidence and prevalence 
        of individuals living with birth defects and disabilities or 
        developmental disabilities, information on the health status of 
        individuals with disabilities, information on any health 
        disparities experienced by such individuals, and 
        recommendations for improving the health and wellness and 
        quality of life of such individuals;
            ``(6) contains a summary of recommendations from all birth 
        defects research conferences sponsored by the Centers for 
        Disease Control and Prevention, including conferences related 
        to spina bifida; and'';
            (4) in subsection (e)--
                    (A) by inserting ``, including section 444 of the 
                General Education Provisions Act,'' after ``privacy of 
                information''; and
                    (B) by inserting before the period the following: 
                ``, except that the Centers for Disease Control and 
                Prevention shall have access to information under 
                section 444(b)(1)(F) of such Act solely for purposes of 
                carrying out subsection (a)(2) of this section and 
                shall otherwise comply with all other requirements of 
                such section 444'';
            (5) by redesignating subsections (c), (d), and (e) as 
        subsections (b), (c), and (d), respectively;
            (6) by inserting after subsection (d) (as so redesignated), 
        the following:
    ``(e) Advisory Committee.--Notwithstanding any other provision of 
law, the members of the advisory committee appointed by the Director of 
the National Center for Environmental Health that have expertise in 
birth defects, developmental disabilities, and disabilities and health 
shall be transferred to and shall advise the National Center on Birth 
Defects and Developmental Disabilities effective on the date of 
enactment of the Birth Defects and Developmental Disabilities 
Prevention Act of 2003.''; and
            (7) in subsection (f), by striking ``$30,000,000'' and all 
        that follows and inserting ``such sums as may be necessary for 
        each of fiscal years 2003 through 2007.''.

SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL 
              DISABILITIES.

    Section 122(a) of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is amended--
            (1) in paragraph (3)(A)(ii), by inserting before the period 
        the following: ``, the amount received by the State for the 
        previous year, or the amount of Federal appropriations received 
        in fiscal year 2000, 2001, or 2002, whichever is greater''; and
            (2) in paragraph (4)(A)(ii), by inserting before the period 
        the following: ``, the amount received by the State for the 
        previous year, or the amount of Federal appropriations received 
        in fiscal year 2000, 2001, or 2002, whichever is greater''.
                                 <all>