[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1858 Enrolled Bill (ENR)]
S.1858
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To amend the Public Health Service Act to establish grant programs to
provide for education and outreach on newborn screening and coordinated
followup care once newborn screening has been conducted, to reauthorize
programs under part A of title XI of such Act, 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 ``Newborn Screening Saves Lives Act of
2007''.
SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING FOR HERITABLE DISORDER.
Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is
amended--
(1) by striking subsections (a), (b), and (c) and inserting the
following:
``(a) Authorization of Grant Program.--From amounts appropriated
under subsection (j), the Secretary, acting through the Administrator
of the Health Resources and Services Administration (referred to in
this section as the `Administrator') and in consultation with the
Advisory Committee on Heritable Disorders in Newborns and Children
(referred to in this section as the `Advisory Committee'), shall award
grants to eligible entities to enable such entities--
``(1) to enhance, improve or expand the ability of State and
local public health agencies to provide screening, counseling, or
health care services to newborns and children having or at risk for
heritable disorders;
``(2) to assist in providing health care professionals and
newborn screening laboratory personnel with education in newborn
screening and training in relevant and new technologies in newborn
screening and congenital, genetic, and metabolic disorders;
``(3) to develop and deliver educational programs (at
appropriate literacy levels) about newborn screening counseling,
testing, follow-up, treatment, and specialty services to parents,
families, and patient advocacy and support groups; and
``(4) to establish, maintain, and operate a system to assess
and coordinate treatment relating to congenital, genetic, and
metabolic disorders.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means--
``(1) a State or a political subdivision of a State;
``(2) a consortium of 2 or more States or political
subdivisions of States;
``(3) a territory;
``(4) a health facility or program operated by or pursuant to a
contract with or grant from the Indian Health Service; or
``(5) any other entity with appropriate expertise in newborn
screening, as determined by the Secretary.
``(c) Approval Factors.--An application submitted for a grant under
subsection (a)(1) shall not be approved by the Secretary unless the
application contains assurances that the eligible entity has adopted
and implemented, is in the process of adopting and implementing, or
will use amounts received under such grant to adopt and implement the
guidelines and recommendations of the Advisory Committee that are
adopted by the Secretary and in effect at the time the grant is awarded
or renewed under this section, which shall include the screening of
each newborn for the heritable disorders recommended by the Advisory
Committee and adopted by the Secretary.'';
(2) by redesignating subsections (d) through (i) as subsections
(e) through (j), respectively;
(3) by inserting after subsection (c), the following:
``(d) Coordination.--The Secretary shall take all necessary steps
to coordinate programs funded with grants received under this section
and to coordinate with existing newborn screening activities.''; and
(4) by striking subsection (j) (as so redesignated) and
inserting the following:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated--
``(1) to provide grants for the purpose of carrying activities
under section (a)(1), $15,000,000 for fiscal year 2008; $15,187,500
for fiscal year 2009, $15,375,000 for fiscal year 2010, $15,562,500
for fiscal year 2011, and $15,750,000 for fiscal year 2012; and
``(2) to provide grant for the purpose of carrying out
activities under paragraphs (2), (3), and (4) of subsection (a),
$15,000,000 for fiscal year 2008, $15,187,500 for fiscal year 2009,
$15,375,000 for fiscal year 2010, $15,562,500 for fiscal year 2011,
and $15,750,000 for fiscal year 2012.''.
SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING
PROGRAMS.
Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is
amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2008,
$5,062,500 for fiscal year 2009, $5,125,000 for fiscal year 2010,
$5,187,500 for fiscal year 2011, and $5,250,000 for fiscal year
2012.''.
SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND
CHILDREN.
Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph (6);
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) by inserting after paragraph (2) the following:
``(3) make systematic evidence-based and peer-reviewed
recommendations that include the heritable disorders that have the
potential to significantly impact public health for which all
newborns should be screened, including secondary conditions that
may be identified as a result of the laboratory methods used for
screening;
``(4) develop a model decision-matrix for newborn screening
expansion, including an evaluation of the potential public health
impact of such expansion, and periodically update the recommended
uniform screening panel, as appropriate, based on such decision-
matrix;
``(5) consider ways to ensure that all States attain the
capacity to screen for the conditions described in paragraph (3),
and include in such consideration the results of grant funding
under section 1109; and'';
(D) in paragraph (6) (as so redesignated by subparagraph
(A)), by striking the period at the end and inserting ``, which
may include recommendations, advice, or information dealing
with--
``(A) follow-up activities, including those necessary to
achieve rapid diagnosis in the short-term, and those that
ascertain long-term case management outcomes and appropriate
access to related services;
``(B) implementation, monitoring, and evaluation of newborn
screening activities, including diagnosis, screening, follow-
up, and treatment activities;
``(C) diagnostic and other technology used in screening;
``(D) the availability and reporting of testing for
conditions for which there is no existing treatment;
``(E) conditions not included in the recommended uniform
screening panel that are treatable with Food and Drug
Administration-approved products or other safe and effective
treatments, as determined by scientific evidence and peer
review;
``(F) minimum standards and related policies and procedures
used by State newborn screening programs, such as language and
terminology used by State newborn screening programs to include
standardization of case definitions and names of disorders for
which newborn screening tests are performed;
``(G) quality assurance, oversight, and evaluation of State
newborn screening programs, including ensuring that tests and
technologies used by each State meet established standards for
detecting and reporting positive screening results;
``(H) public and provider awareness and education;
``(I) the cost and effectiveness of newborn screening and
medical evaluation systems and intervention programs conducted
by State-based programs;
``(J) identification of the causes of, public health
impacts of, and risk factors for heritable disorders; and
``(K) coordination of surveillance activities, including
standardized data collection and reporting, harmonization of
laboratory definitions for heritable disorders and testing
results, and confirmatory testing and verification of positive
results, in order to assess and enhance monitoring of newborn
diseases.''; and
(2) in subsection (c)(2)--
(A) by redesignating subparagraphs (E), (F) and (G) as
subparagraphs (F), (H), and (I);
(B) by inserting after subparagraph (D) the following:
``(E) the Commissioner of the Food and Drug
Administration;''; and
(C) by inserting after subparagraph (F), as so
redesignated, the following:
``(G) individuals with expertise in ethics and infectious
diseases who have worked and published material in the area of
newborn screening;''; and
(3) by adding at the end the following:
``(d) Decision on Recommendations.--
``(1) In general.--Not later than 180 days after the Advisory
Committee issues a recommendation pursuant to this section, the
Secretary shall adopt or reject such recommendation.
``(2) Pending recommendations.--The Secretary shall adopt or
reject any recommendation issued by the Advisory Committee that is
pending on the date of enactment of the Newborn Screening Saves
Lives Act of 2007 by not later than 180 days after the date of
enactment of such Act.
``(3) Determinations to be made public.--The Secretary shall
publicize any determination on adopting or rejecting a
recommendation of the Advisory Committee pursuant to this
subsection, including the justification for the determination.
``(e) Annual Report.--Not later than 3 years after the date of
enactment of the Newborn Screening Saves Lives Act of 2007, and each
fiscal year thereafter, the Advisory Committee shall--
``(1) publish a report on peer-reviewed newborn screening
guidelines, including follow-up and treatment, in the United
States;
``(2) submit such report to the appropriate committees of
Congress, the Secretary, the Interagency Coordinating Committee
established under Section 1114, and the State departments of
health; and
``(3) disseminate such report on as wide a basis as
practicable, including through posting on the internet
clearinghouse established under section 1112.
``(f) Continuation of Operation of Committee.--Notwithstanding
section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the
Advisory Committee shall continue to operate during the 5-year period
beginning on the date of enactment of the Newborn Screening Saves Lives
Act of 2007.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $1,000,000 for fiscal year
2008, $1,012,500 for fiscal year 2009, $1,025,000 for fiscal year 2010,
$1,037,500 for fiscal year 2011, and $1,050,000 for fiscal year
2012.''.
SEC. 5. INFORMATION CLEARINGHOUSE.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.) is amended by adding at the end the following:
``SEC. 1112. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration (referred to in
this part as the `Administrator'), in consultation with the Director of
the Centers for Disease Control and Prevention and the Director of the
National Institutes of Health, shall establish and maintain a central
clearinghouse of current educational and family support and services
information, materials, resources, research, and data on newborn
screening to--
``(1) enable parents and family members of newborns, health
professionals, industry representatives, and other members of the
public to increase their awareness, knowledge, and understanding of
newborn screening;
``(2) increase awareness, knowledge, and understanding of
newborn diseases and screening services for expectant individuals
and families; and
``(3) maintain current data on quality indicators to measure
performance of newborn screening, such as false-positive rates and
other quality indicators as determined by the Advisory Committee
under section 1111.
``(b) Internet Availability.--The Secretary, acting through the
Administrator, shall ensure that the clearinghouse described under
subsection (a)--
``(1) is available on the Internet;
``(2) includes an interactive forum;
``(3) is updated on a regular basis, but not less than
quarterly; and
``(4) provides--
``(A) links to Government-sponsored, non-profit, and other
Internet websites of laboratories that have demonstrated
expertise in newborn screening that supply research-based
information on newborn screening tests currently available
throughout the United States;
``(B) information about newborn conditions and screening
services available in each State from laboratories certified
under subpart 2 of part F of title III, including information
about supplemental screening that is available but not
required, in the State where the infant is born;
``(C) current research on both treatable and not-yet
treatable conditions for which newborn screening tests are
available;
``(D) the availability of Federal funding for newborn and
child screening for heritable disorders including grants
authorized under the Newborn Screening Saves Lives Act of 2007;
and
``(E) other relevant information as determined appropriate
by the Secretary.
``(c) Nonduplication.--In developing the clearinghouse under this
section, the Secretary shall ensure that such clearinghouse minimizes
duplication and supplements, not supplants, existing information
sharing efforts.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $2,500,000 for fiscal year
2008, $2,531,250 for fiscal year 2009, $2,562,500 for fiscal year 2010,
$2,593,750 for fiscal year 2011, and $2,625,000 for fiscal year
2012.''.
SEC. 6. LABORATORY QUALITY AND SURVEILLANCE.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.), as amended by section 5, is further amended by adding
at the end the following:
``SEC. 1113. LABORATORY QUALITY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in consultation with
the Advisory Committee on Heritable Disorders in Newborns and Children
established under section 1111, shall provide for--
``(1) quality assurance for laboratories involved in screening
newborns and children for heritable disorders, including quality
assurance for newborn-screening tests, performance evaluation
services, and technical assistance and technology transfer to
newborn screening laboratories to ensure analytic validity and
utility of screening tests; and
``(2) appropriate quality control and other performance test
materials to evaluate the performance of new screening tools.
``(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for fiscal year 2008, $5,062,500 for fiscal year 2009, $5,125,000 for
fiscal year 2010, $5,187,500 for fiscal year 2011, and $5,250,000 for
fiscal year 2012.
``SEC. 1114. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD
SCREENING.
``(a) Purpose.--It is the purpose of this section to--
``(1) assess existing activities and infrastructure, including
activities on birth defects and developmental disabilities
authorized under section 317C, in order to make recommendations for
programs to collect, analyze, and make available data on the
heritable disorders recommended by the Advisory Committee on
Heritable Disorders in Newborns and Children under section 1111,
including data on the incidence and prevalence of, as well as poor
health outcomes resulting from, such disorders; and
``(2) make recommendations for the establishment of regional
centers for the conduct of applied epidemiological research on
effective interventions to promote the prevention of poor health
outcomes resulting from such disorders as well as providing
information and education to the public on such effective
interventions.
``(b) Establishment.--The Secretary shall establish an Interagency
Coordinating Committee on Newborn and Child Screening (referred to in
this section as the `Interagency Coordinating Committee') to carry out
the purpose of this section.
``(c) Composition.--The Interagency Coordinating Committee shall be
composed of the Director of the Centers for Disease Control and
Prevention, the Administrator, the Director of the Agency for
Healthcare Research and Quality, and the Director of the National
Institutes of Health, or their designees.
``(d) Activities.--The Interagency Coordinating Committee shall--
``(1) report to the Secretary and the appropriate committees of
Congress on its recommendations related to the purpose described in
subsection (a); and
``(2) carry out other activities determined appropriate by the
Secretary.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $1,000,000
for fiscal year 2008, $1,012,500 for fiscal year 2009, $1,025,000 for
fiscal year 2010, $1,037,500 for fiscal year 2011, and $1,050,000 for
fiscal year 2012.''.
SEC. 7. CONTINGENCY PLANNING.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.), as amended by section 6, is further amended by adding
at the end the following:
``SEC. 1115. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary, acting through the Director
of the Centers for Disease Control and Prevention and in consultation
with the Administrator and State departments of health (or related
agencies), shall develop a national contingency plan for newborn
screening for use by a State, region, or consortia of States in the
event of a public health emergency.
``(b) Contents.--The contingency plan developed under subsection
(a) shall include a plan for--
``(1) the collection and transport of specimens;
``(2) the shipment of specimens to State newborn screening
laboratories;
``(3) the processing of specimens;
``(4) the reporting of screening results to physicians and
families;
``(5) the diagnostic confirmation of positive screening
results;
``(6) ensuring the availability of treatment and management
resources;
``(7) educating families about newborn screening; and
``(8) carrying out other activities determined appropriate by
the Secretary.
``SEC. 1116. HUNTER KELLY RESEARCH PROGRAM.
``(a) Newborn Screening Activities.--
``(1) In general.--The Secretary, in conjunction with the
Director of the National Institutes of Health and taking into
consideration the recommendations of the Advisory Committee, may
continue carrying out, coordinating, and expanding research in
newborn screening (to be known as `Hunter Kelly Newborn Screening
Research Program') including--
``(A) identifying, developing, and testing the most
promising new screening technologies, in order to improve
already existing screening tests, increase the specificity of
newborn screening, and expand the number of conditions for
which screening tests are available;
``(B) experimental treatments and disease management
strategies for additional newborn conditions, and other
genetic, metabolic, hormonal and or functional conditions that
can be detected through newborn screening for which treatment
is not yet available; and
``(C) other activities that would improve newborn
screening, as identified by the Director.
``(2) Additional newborn condition.--For purposes of this
subsection, the term `additional newborn condition' means any
condition that is not one of the core conditions recommended by the
Advisory Committee and adopted by the Secretary.
``(b) Funding.--In carrying out the research program under this
section, the Secretary and the Director shall ensure that entities
receiving funding through the program will provide assurances, as
practicable, that such entities will work in consultation with the
appropriate State departments of health, and, as practicable, focus
their research on screening technology not currently performed in the
States in which the entities are located, and the conditions on the
uniform screening panel (or the standard test existing on the uniform
screening panel).
``(c) Reports.--The Director is encouraged to include information
about the activities carried out under this section in the biennial
report required under section 403 of the National Institutes of Health
Reform Act of 2006. If such information is included, the Director shall
make such information available to be included on the Internet
Clearinghouse established under section 1112.
``(d) Nonduplication.--In carrying out programs under this section,
the Secretary shall minimize duplication and supplement, not supplant,
existing efforts of the type carried out under this section.
``(e) Peer Review.--Nothing in this section shall be construed to
interfere with the scientific peer-review process at the National
Institutes of Health.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.