[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2238

 To amend the Public Health Service Act to reauthorize and extend the 
 Fetal Alcohol Spectrum Disorders Prevention and Services program, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2021

Ms. Murkowski (for herself and Ms. Klobuchar) 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 Spectrum Disorders 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, Services 
and Prevention Act'' or the ``FASD Respect Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Fetal Alcohol Spectrum Disorders (referred to in this 
        section as ``FASD''), is a serious and complex public health 
        issue impacting individuals, families, and communities 
        throughout the United States, regardless of race, sex, culture, 
        or geography. This Act provides an opportunity for our Nation 
        to explore strategies to not only prevent the adverse effects 
        of prenatal alcohol exposure (referred to in this section as 
        ``PAE'') but heal individual, historical, and cultural traumas.
            (2) Exposure to alcohol has long-lasting consequences for a 
        developing fetus, which may lead to a range of life-long 
        physical, mental, social, and emotional problems. There is no 
        known safe amount of alcohol use during pregnancy or while 
        trying to get pregnant. There is also no safe time during 
        pregnancy to drink. All types of alcohol are equally harmful, 
        including all wines and beer.
            (3) The most recent prevalence study identified as many as 
        1 in 20 first graders across the country are affected by PAE. 
        Given that nearly 45 percent of pregnancies are unintended and 
        women often don't know that they are pregnant until they are 6 
        weeks along or more, it's easy to understand how a woman could 
        drink alcohol while expecting. Research shows that solely 
        focusing on individual women's behavior as FASD prevention 
        strategy perpetuates stigma and blame on biological mothers, 
        individuals impacted by FASD, and the condition itself.
            (4) Although research shows that white, college-educated, 
        middle- to upper-class women are the most likely group to drink 
        during pregnancy, one of the common misnomers about FASD is 
        that it is an ``indigenous issue''. Continued surveillance, 
        stigmatization, and stereotyping of Indigenous populations may 
        contribute to the misbelief that FASD is over-represented in 
        these communities.
            (5) In their recent landmark survey, ``Lay of the Land: 
        Equality vs Equity'', the FASD Changemakers, comprised of young 
        adults with FASD, documented the social determinants of health 
        that lead to the detrimental health disparities people with 
        FASD often endure, including victimization resulting in 
        incarceration, homelessness, reduced access to health care, 
        vulnerabilities to substance misuse, and unemployment.
            (6) The higher prevalence of FASD in criminal justice and 
        foster care systems has been documented. Nearly 1 out of 4 
        children in juvenile corrections has FASD, and prevalence 
        estimates among children in the foster care systems range from 
        23 percent to 60 percent. Prevalence in adult corrections 
        ranges from 11 percent to 25 percent.
            (7) The National Academy of Medicine recommendations for a 
        broad Federal response formed the basis of the Fetal Alcohol 
        Syndrome and Fetal Alcohol Effect Prevention and Services Act 
        of 1998 that authorized $27,000,000 for a National Task Force 
        on Fetal Alcohol Syndrome and grant programs at the National 
        Institute on Alcohol Abuse and Alcoholism, the Centers for 
        Disease Control and Prevention, and the Substance Abuse and 
        Mental Health Services Administration.
            (8) In 2009, the National Task Force on Fetal Alcohol 
        Syndrome reported FASD diagnostic capacity and FASD-informed 
        services insufficient in the United States, resulting in 
        countless individuals with FASD remaining unrecognized or 
        misdiagnosed.
            (9) Despite PAE remaining the leading preventable cause of 
        birth defects and neurodevelopmental disabilities in the United 
        States, the authority for the National Task Force on Fetal 
        Alcohol Syndrome expired, SAMHSA funding for FASD ended in 
        2015, and other Federal and State FASD-related funding 
        declined.
            (10) FASD is preventable. Although there is no cure for 
        individuals impacted by FASD, research shows that intervention 
        services and supports that include social, environmental, and 
        educational strategies can prevent subsequent trauma to the 
        individual, the individual's caregivers, and society.
            (11) Building coordinated State and Tribal FASD systems of 
        care that offer integrated culturally appropriate services and 
        supports grounded in best practices can mitigate the harms 
        created by historical and cultural trauma.

SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

    (a) In General.--Part O of title III of the Public Health Service 
Act (42 U.S.C. 280f et seq.) is amended by striking section 399H and 
inserting the following:

``SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.

    ``(a) Definition.--In this part--
            ``(1) the term `fetal alcohol spectrum disorders' or `FASD' 
        means diagnosable developmental disabilities of a broad range 
        of neurodevelopmental and physical effects that result from 
        prenatal exposure to alcohol. The effects may include lifelong 
        physical, mental, behavioral, social and learning disabilities, 
        and other problems that impact daily functioning (such as 
        living independently or holding a job), as well as overall 
        health and well-being; and
            ``(2) the terms `Indian Tribe' and `Tribal organization' 
        have the meanings given the terms `Indian tribe' and `tribal 
        organization' in section 4 of the Indian Self-Determination and 
        Education Assistance Act.
    ``(b) Research on Fetal Alcohol Spectrum Disorders and Related 
Conditions.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the National Institutes of Health, shall--
                    ``(A) establish a research program for FASD; 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 
                research program.
            ``(2) Types of research.--In carrying out paragraph (1), 
        the Secretary, acting through the Director of the National 
        Institute on Alcohol Abuse and Alcoholism (referred to in this 
        section as the `Director of the Institute'), shall continue to 
        conduct and expand national and international research in 
        consultation with other Federal agencies and outside partners 
        that includes--
                    ``(A) the most promising avenues of research in 
                FASD diagnosis, intervention, and prevention;
                    ``(B) factors that may mitigate the effects of 
                prenatal alcohol and other substance exposure including 
                culturally relevant factors and social determinants of 
                health; and
                    ``(C) other research that the Director of the 
                Institute determines to be appropriate with respect to 
                conditions that develop as a result of prenatal alcohol 
                and other substance exposure.
            ``(3) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated $30,000,000 
        for each of fiscal years 2022 through 2027.
    ``(c) 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 of the Centers for Disease Control 
        and Prevention, shall facilitate surveillance, public health 
        research, and prevention of FASD in accordance with this 
        subsection.
            ``(2) Surveillance, public health research and 
        prevention.--In carrying out this subsection, the Secretary 
        shall--
                    ``(A) integrate into surveillance practice an 
                evidence-based standard case definition for fetal 
                alcohol syndrome and, in collaboration with other 
                Federal and outside partners, support organizations of 
                appropriate medical and mental health professionals in 
                their development and refinement of evidence-based 
                clinical diagnostic guidelines and criteria for all 
                fetal alcohol spectrum disorders;
                    ``(B) disseminate and provide the necessary 
                training and support to appropriate medical and mental 
                health professionals on the early identification of 
                children with prenatal alcohol or other substance 
                exposure as such children may require ongoing 
                developmental and behavioral surveillance by their 
                primary health care clinician which continues 
                throughout their lifetime to access ongoing treatment 
                and referral problems;
                    ``(C) support applied public health prevention 
                research to identify culturally-appropriate or 
                evidence-based strategies for reducing alcohol and 
                other substance exposed pregnancies in women at high 
                risk of such pregnancies;
                    ``(D) disseminate and provide the necessary 
                training and support to implement culturally-
                appropriate or evidence-based strategies developed 
                under subparagraph (C) to--
                            ``(i) hospitals, Federally-qualified health 
                        centers, residential and outpatient substance 
                        disorder treatment programs, and other 
                        appropriate health care providers;
                            ``(ii) educational settings;
                            ``(iii) social work and child protection 
                        service providers;
                            ``(iv) foster care providers and adoption 
                        agencies;
                            ``(v) State or Tribal offices and other 
                        agencies providing services to individuals with 
                        disabilities;
                            ``(vi) mental health treatment facilities;
                            ``(vii) Indian Tribes and Tribal 
                        organizations;
                            ``(viii) military medical treatment 
                        facility described in section 1073d(c) of title 
                        10, United States Code, and medical centers of 
                        the Department of Veterans Affairs; and
                            ``(ix) other entities that the Secretary 
                        determines to be appropriate;
                    ``(E) conduct activities related to risk factor 
                surveillance;
                    ``(F) disseminate and evaluate brief behavioral 
                intervention strategies and referrals aimed at 
                preventing alcohol and substance-exposed pregnancies 
                among women of childbearing age in special settings, 
                including clinical primary health centers, outpatient 
                clinics, child welfare agencies, and correctional 
                facilities and recovery campuses;
                    ``(G) document the FASD lived experience and 
                incorporate the perspectives of individuals and their 
                family members affected by FASD and birth mothers of 
                individuals with FASD in the dissemination of 
                information and resources;
                    ``(H) disseminate comprehensive alcohol and 
                pregnancy and FASD information, resources, and services 
                to families and caregivers, professionals, and the 
                public through an established national network of 
                affiliated FASD organizations and through organizations 
                serving medical, behavioral health, addiction, 
                disability, education, legal and other professionals; 
                and
                    ``(I) coordinate FASD activities with affiliated 
                State, Tribal and local systems and organizations with 
                respect to the prevention of alcohol and other 
                substance-exposed pregnancies.
            ``(3) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated $13,000,000 
        for each of fiscal years 2022 through 2027.
    ``(d) Building State and Tribal FASD Systems.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Health Resources and Services 
        Administration, shall award grants, contracts, or cooperative 
        agreements to States and Indian Tribes for the purpose of 
        establishing ongoing comprehensive and coordinated State and 
        Tribal FASD multidisciplinary, diverse coalitions to--
                    ``(A) develop systems of care for--
                            ``(i) the prevention of FASD and other 
                        adverse conditions as a result of prenatal 
                        substance exposure; and
                            ``(ii) the identification, treatment and 
                        support of individuals with FASD or other 
                        adverse conditions from prenatal substance 
                        exposure and support for their families;
                    ``(B) provide leadership and support in 
                establishing, expanding or increasing State and Tribal 
                systems capacity in addressing FASD and other adverse 
                conditions as a result of prenatal substance exposure; 
                and
                    ``(C) update or develop implementing and evaluating 
                State and Tribal FASD strategic plans to--
                            ``(i) establish or expand State and Tribal 
                        programs of surveillance, screening, 
                        assessment, diagnosis, prevention of FASD and 
                        other physical or neurodevelopmental 
                        disabilities from prenatal substance exposure;
                            ``(ii) integrate programs related to 
                        prevention of FASD and interventions addressing 
                        the adverse effects of prenatal alcohol and 
                        other substance exposure into existing State 
                        and Tribal coordinated systems of care which 
                        focus on the social determinants of health, 
                        including systemic racism, access to the 
                        Medicare program under title XVIII of the 
                        Social Security Act or to the Medicaid program 
                        under title XIX of such Act, maternal and early 
                        childhood health, economic security, food and 
                        housing, education, justice and corrections, 
                        mental health, substance use disorder, child 
                        welfare, developmental disabilities, and health 
                        care;
                            ``(iii) identify across-the-lifetime issues 
                        for individuals and families related to FASD 
                        and other adverse conditions related to 
                        prenatal substance exposure, including 
                        historical and cultural trauma, child abuse and 
                        neglect, mental health and substance use 
                        disorder; and
                            ``(iv) identify systemic and other barriers 
                        to the integration of prenatal alcohol and 
                        substance exposure screening, assessment and 
                        identification of FASD into existing systems of 
                        care for individuals and families.
            ``(2) Eligibility.--To be eligible to receive a grant, 
        contract, or cooperative agreement under paragraph (1), a 
        State, an Indian Tribe, a Tribal organization, or a State-
        Tribal collaborative (referred to in this paragraph as an 
        `eligible entity') shall prepare and submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require, including--
                    ``(A) evidence that the eligible entity designated 
                in the application have or will have authority to 
                implement programs described in this subsection; and
                    ``(B) evidence of the establishment of a State or 
                Tribal FASD Advisory Group of State agencies or Tribal 
                entities and, if available, a State affiliate of the 
                National Organization on Fetal Alcohol Syndrome or 
                similar Tribal or statewide FASD advocacy organization, 
                to provide the leadership in building State or Tribal 
                capacity in addressing prenatal alcohol and other 
                substance exposure, including FASD prevention, 
                identification, and intervention activities and 
                programming, including--
                            ``(i) the formation of a FASD advisory 
                        coalition of diverse, public and private 
                        representatives from multiple disciplines that 
                        may include--
                                    ``(I) State agencies or Tribal 
                                entities that are responsible for 
                                health, human services, corrections, 
                                education, housing, developmental 
                                disabilities, substance use disorder, 
                                child welfare, juvenile and adult 
                                justice systems, mental health and any 
                                other agency related to the adverse 
                                social impact of prenatal alcohol and 
                                other substance exposures; and
                                    ``(II) public and private sector 
                                stakeholders, including individuals 
                                with FASD and their caretakers and 
                                entities that work with or provide 
                                services or support for individuals 
                                with FASD and their families, such as 
                                community-based agencies, law 
                                enforcement, the judiciary, probation 
                                officers, medical and mental health 
                                providers, substance use disorder 
                                counselors, educators, child welfare 
                                professionals, and other entities that 
                                address individual, family, community 
                                and society issues related to prenatal 
                                alcohol and other substance exposure 
                                throughout an individual's lifespan; 
                                and
                            ``(ii) the development of a State or Tribal 
                        strategic plan that--
                                    ``(I) contains recommendations, 
                                action steps, and deliverables for 
                                improving social determinants of 
                                health;
                                    ``(II) recommends actions for 
                                prevention of FASD and other conditions 
                                related to prenatal substance exposure;
                                    ``(III) integrates culturally-
                                appropriate, best practices or 
                                evidence-based practices on screening, 
                                identification and treatment into 
                                existing systems of care;
                                    ``(IV) provides for FASD-informed 
                                clinical and therapeutic interventions;
                                    ``(V) provides for FASD-informed 
                                supports and services for families and 
                                individuals with FASD and other 
                                conditions from prenatal substance 
                                exposure across their lifetimes;
                                    ``(VI) identifies--
                                            ``(aa) existing FASD or 
                                        other programs related to 
                                        prenatal substance exposures in 
                                        the State or Indian Tribe, 
                                        including--

                                                    ``(AA) FASD 
                                                primary, secondary and 
                                                tertiary prevention 
                                                programs;

                                                    ``(BB) prenatal 
                                                screening, assessment 
                                                or diagnostic services; 
                                                and

                                                    ``(CC) support and 
                                                service programs for 
                                                individuals with FASD 
                                                and their families;

                                            ``(bb) existing State, 
                                        local, and Tribal programs, 
                                        systems, and funding streams 
                                        that could be used to identify 
                                        and assist individuals with 
                                        FASD and other conditions 
                                        related to substance exposed 
                                        pregnancies, and prevent 
                                        prenatal exposure to alcohol 
                                        and other harmful substances;
                                            ``(cc) barriers to 
                                        providing FASD diagnostic 
                                        services or programs to assist 
                                        individuals with FASD or 
                                        reducing alcohol and substance 
                                        exposed pregnancies for women 
                                        at risk for alcohol or other 
                                        substance exposed pregnancies, 
                                        and recommendations to reduce 
                                        or eliminate such barriers; and
                                            ``(dd) barriers to FASD 
                                        prevention, screening, 
                                        assessment, identification, and 
                                        treatment programs and to the 
                                        provision of FASD-informed 
                                        support services and 
                                        accommodations across the 
                                        lifespan, and recommendations 
                                        to reduce or eliminate such 
                                        barriers;
                                    ``(VII) integrates a public-private 
                                partnership of State, Tribal, and local 
                                communities to develop a comprehensive 
                                FASD-informed and engaged systems of 
                                care approach that addresses social 
                                determinants of health, including 
                                systemic racism on health outcomes, 
                                economic security, food and housing; 
                                education, justice, and health care 
                                challenges experienced by individuals 
                                who have been diagnosed with FASD or 
                                other conditions as result of prenatal 
                                substance exposure;
                                    ``(VIII) describes programs of 
                                surveillance, screening, assessment and 
                                diagnosis, prevention, clinical 
                                intervention and therapeutic and other 
                                supports and services for individuals 
                                with FASD and their families;
                                    ``(IX) recognizes the impact of 
                                historical, cultural, and other trauma 
                                of individuals in the design and 
                                application of all programming; and
                                    ``(X) recognizes the lived 
                                experiences of birth mothers and those 
                                with FASD and their families in the 
                                design and application of all 
                                programming.
            ``(3) Restrictions on and use of funds.--Amounts received 
        under a grant, contract, or cooperative agreement under this 
        subsection shall be used for one or more of the following 
        activities:
                    ``(A) Establishing or increasing diagnostic 
                capacity in the State or Indian Tribe to meet the 
                estimated prevalence needs of the State or Indian 
                Tribe's FASD population.
                    ``(B) Providing educational and supportive services 
                to individuals with FASD and other conditions related 
                to prenatal substance exposure and their families.
                    ``(C) Establishing a FASD statewide surveillance 
                system.
                    ``(D) Including FASD information in State medical 
                and mental health care and education programs at 
                schools of higher education.
                    ``(E) Collecting, analyzing, and interpreting data.
                    ``(F) Replicating culturally-aware or best practice 
                FASD prevention programs, including case-management 
                models for pregnant or parenting women with alcohol and 
                other substance use disorders.
                    ``(G) Training of primary care and other providers 
                in screening for prenatal alcohol and other substance 
                exposure in prenatal, pediatric, early childhood or 
                other child or teenage checkup settings.
                    ``(H) Developing, implementing, and evaluating 
                population-based and targeted prevention programs for 
                FASD, including public awareness campaigns.
                    ``(I) Increasing capacity of the State or Indian 
                Tribe to deliver housing, economic and food security 
                services to adults impacted by FASD or other conditions 
                related to prenatal substance exposure.
                    ``(J) Referring individuals with FASD and other 
                conditions related to prenatal substance exposure to 
                appropriate FASD-informed support services.
                    ``(K) Providing for State and Tribal FASD 
                coordinators.
                    ``(L) Providing training to health care (including 
                mental health care) providers on the prevention, 
                identification and treatment of FASD and other 
                conditions related to prenatal substance exposure 
                across the lifespan.
                    ``(M) Providing training to education, justice, and 
                social service system professionals to become FASD-
                informed and FASD-engaged in their practices.
                    ``(N) Including FASD in training for workforce 
                development and disability accessibility.
                    ``(O) Supporting peer-to-peer certification 
                programs for individuals with FASD.
                    ``(P) Developing FASD-informed certification 
                programs.
                    ``(Q) Disseminating information about FASD and 
                other conditions related to prenatal substance exposure 
                and the availability of support services to families 
                and individuals with FASD and other adverse conditions 
                related to prenatal substance exposure.
                    ``(R) Implementing recommendations from relevant 
                agencies and organizations, including the State or 
                Tribal FASD advisory group, on the identification and 
                prevention of FASD, intervention programs or services 
                for individuals with FASD and their families.
                    ``(S) Other activities, as the Secretary determines 
                appropriate or as recommended by the National Advisory 
                Council on FASD under section 399H-1.
            ``(4) Other contracts and agreements.--A State may carry 
        out activities under paragraph (3) through contracts or 
        cooperative agreements with another State or an Indian Tribe, 
        and with public, private for-profit or nonprofit entities with 
        a demonstrated expertise in FASD and other conditions related 
        to prenatal substance exposure prevention, screening and 
        diagnosis, or intervention services.
            ``(5) Report to congress.--Not later than 2 years after the 
        date on which amounts are first appropriated under paragraph 
        (6), the Secretary shall prepare and submit to the Committee on 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that contains a description of 
        programs carried out under this section. At a minimum, the 
        report shall contain--
                    ``(A) information concerning the number of States 
                receiving grants;
                    ``(B) State and Tribal FASD diagnostic capacity and 
                barriers to achieving diagnostic capacity based on 
                State FASD surveillance data or the most recent 
                estimated prevalence of FASD in the United States;
                    ``(C) information concerning systemic or other 
                barriers to screening for prenatal alcohol and other 
                substance exposure in existing systems of care, 
                including--
                            ``(i) the child welfare system;
                            ``(ii) maternal and early child health care 
                        and alcohol and other substance use disorder 
                        treatment programs;
                            ``(iii) primary or secondary education 
                        systems; and
                            ``(iv) juvenile and adult systems of 
                        justice;
                    ``(D) information concerning existing State, 
                Tribal, local government or community programs and 
                systems of care and funding streams that could be used 
                to identify and assist individuals with FASD and other 
                conditions related to substance exposed pregnancies and 
                the degree to which such programs are FASD-informed or 
                to which there are systemic or other barriers 
                preventing their use; and
                    ``(E) information concerning existing State, 
                Tribal, local government or community primary, 
                tertiary, or secondary prevention programs on prenatal 
                exposure to alcohol and other harmful prenatal 
                substances.
            ``(6) Authorization of appropriations.--
                    ``(A) In general.--To carry out this subsection, 
                there is authorized to be appropriated $32,000,000 for 
                each of fiscal years 2022 through 2027.
                    ``(B) Administrative and employment expenses.--Of 
                the amount appropriated for a fiscal year under 
                subparagraph (A), $12,000,000 shall be allocated to 
                States and Indian Tribes for purposes of covering 
                administrative costs and supporting the employment of 
                FASD State and Tribal coordinators.
                    ``(C) Tribal set aside.--Up to 20 percent of the 
                grants, contracts, or cooperative agreements awarded 
                under this subsection shall be reserved for Indian 
                Tribes and Tribal organizations.
    ``(e) Promoting Community Partnerships.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of Health Resources and Services Administration, 
        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 culturally-
        appropriate best practice services available to individuals 
        with FASD and other conditions related to prenatal substance 
        exposure such as surveillance, screening, assessment, 
        diagnosis, prevention, treatment, and 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 that 
                is--
                            ``(i) a health care provider or health 
                        professional;
                            ``(ii) a primary or secondary school;
                            ``(iii) a social work or child protection 
                        service provider;
                            ``(iv) an incarceration facility, or State 
                        or local judicial system for juveniles and 
                        adults;
                            ``(v) an FASD organization, parent-led 
                        group, or other organization that supports and 
                        advocates for individuals with FASD and their 
                        families;
                            ``(vi) an Indian Tribe or Tribal 
                        organization;
                            ``(vii) an early childhood intervention 
                        facility;
                            ``(viii) any other entity the Secretary 
                        determines to be appropriate; or
                            ``(ix) a consortium of any of the entities 
                        described in clauses (i) through (viii); and
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                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, provide evidence of 
                substantive participation with a broad range of 
                entities that work with or provide services for 
                individuals with FASD.
            ``(3) Activities.--An eligible entity shall use amounts 
        received under a grant, contract, or cooperative agreement 
        under this subsection to carry out one or more of the following 
        activities relating to FASD and other conditions related to 
        prenatal substance exposure:
                    ``(A) Integrating FASD-informed and culturally-
                appropriate practices 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 culturally-
                appropriate, community-based initiatives to prevent 
                FASD, and to screen, assess, diagnose, treat, and 
                provide FASD-informed support services to individuals 
                with FASD and their families.
                    ``(D) Disseminating information about FASD 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 
                individuals with FASD and their families.
                    ``(G) Other activities, as the Secretary determines 
                appropriate, or in consideration of recommendations 
                from the National Advisory Council on FASD established 
                under section 399H-1.
            ``(4) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated $5,000,000 
        for each of fiscal years 2022 through 2027.
    ``(f) Development of Best Practices and Models of Care.--
            ``(1) In general.--The Secretary, in coordination with the 
        Administrator of Health Resources and Services Administration, 
        shall award grants to States, Indian Tribes and Tribal 
        organizations, nongovernmental organizations, and institutions 
        of higher education for the establishment of pilot projects to 
        identify and implement culturally-appropriate best practices 
        for--
                    ``(A) providing intervention and education of 
                children with FASD, 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 and 
                        provide childhood interventions;
                    ``(B) educating professionals within the child 
                welfare, juvenile and adult criminal justice systems, 
                including judges, attorneys, probation officers, social 
                workers, child advocates, medical and mental health 
                professionals, substance abuse professionals, law 
                enforcement officers, prison wardens or other 
                incarceration administrators, and administrators of 
                developmental disability, mental health and alternative 
                incarceration facilities on how to screen, assess, 
                identify, treat and support individuals with FASD or 
                similar conditions related to prenatal substance 
                exposure within these systems, including--
                            ``(i) programs designed specifically for 
                        the identification, assessment, treatment, and 
                        education of individuals with FASD; and
                            ``(ii) curricula development and 
                        credentialing within the adult and juvenile 
                        justice and child welfare systems for 
                        individuals who implement such programs;
                    ``(C) educating adoption or foster care agency 
                officials about available and necessary services for 
                children with FASD, including--
                            ``(i) programs designed specifically for 
                        screening, assessment and identification, 
                        treatment, and education of individuals with 
                        FASD; and
                            ``(ii) ongoing and consistent education and 
                        training for potential adoptive or foster 
                        parents of a child with FASD;
                    ``(D) educating health and mental health and 
                substance use providers about available and necessary 
                services for children with FASD, including--
                            ``(i) programs designed specifically for 
                        screening and identification, and both health 
                        and mental health treatment, of individuals 
                        with FASD; and
                            ``(ii) curricula development and 
                        credentialing within the health and mental 
                        health and substance abuse systems for 
                        individuals who implement such programs; and
                    ``(E) identifying and implementing culturally-
                appropriate best practice models for reducing alcohol 
                and other substance exposed pregnancies in women at 
                high risk of such pregnancies.
            ``(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 require.
            ``(3) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated $5,000,000 
        for each of fiscal years 2022 through 2027.
    ``(g) Transitional Services.--
            ``(1) In general.--The Secretary, in coordination with the 
        Administrator of the Health Resources and Services 
        Administration and the Administrator of the Administration for 
        Community Living, shall award demonstration grants, contracts, 
        and cooperative agreements to States and local units of 
        government, Indian Tribes and Tribal organizations, and 
        nongovernmental organizations for the purpose of establishing 
        integrated systems for providing culturally-appropriate best 
        practice transitional services for adults affected by prenatal 
        alcohol or substance exposure and evaluating the effectiveness 
        of such services.
            ``(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 FASD.
            ``(3) Allowable uses.--An entity shall use amounts received 
        under a grant, contract, or cooperative agreement under 
        paragraph (1) to carry out one or more of the following 
        activities:
                    ``(A) Provide housing assistance to, or specialized 
                housing for, adults with FASD.
                    ``(B) Provide FASD-informed vocational training and 
                placement services for adults with FASD.
                    ``(C) Provide medication monitoring services for 
                adults with FASD.
                    ``(D) Provide FASD-informed training and support to 
                organizations providing family services or mental 
                health programs and other organizations that work with 
                adults with FASD.
                    ``(E) Establish and evaluate housing models 
                specially designed for adults with FASD.
                    ``(F) Recruit, train and provide mentors for 
                individuals with FASD.
                    ``(G) Other services or programs, as the Secretary 
                determines appropriate.
            ``(4) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated $5,000,000 
        for each of fiscal years 2022 through 2027.
    ``(h) Services for Individuals With Fetal Alcohol Spectrum 
Disorders.--
            ``(1) In general.--The Secretary, in coordination with the 
        Assistant Secretary for Mental Health and Substance Use, shall 
        make awards of grants, cooperative agreements, or contracts to 
        public and nonprofit private entities, including Indian tribes 
        and tribal organizations, to provide FASD-informed culturally-
        appropriate services to individuals with FASD.
            ``(2) Use of funds.--An award under paragraph (1) may, 
        subject to paragraph (4), be used to--
                    ``(A) screen and test individuals to determine the 
                type and level of services needed;
                    ``(B) develop a FASD-informed comprehensive plan 
                for providing services to the individuals;
                    ``(C) provide FASD-informed mental health 
                counseling;
                    ``(D) provide FASD-informed substance abuse 
                prevention services and treatment, if needed;
                    ``(E) coordinate services with other social 
                programs including social services, justice system, 
                educational services, health services, mental health 
                and substance abuse services, financial assistance 
                programs, vocational services and housing assistance 
                programs;
                    ``(F) provide FASD-informed vocational services;
                    ``(G) provide FASD-informed health counseling;
                    ``(H) provide FASD-informed housing assistance;
                    ``(I) conduct FASD-informed parenting skills 
                training;
                    ``(J) develop and implement overall FASD-informed 
                case management;
                    ``(K) provide supportive services for families of 
                individuals with FASD;
                    ``(L) provide respite care for caretakers of 
                individuals with FASD;
                    ``(M) recruit, train and provide mentors for 
                individuals with FASD;
                    ``(N) provide FASD-informed educational and 
                supportive services to families of individuals with 
                FASD; and
                    ``(O) provide other services and programs, to the 
                extent authorized by the Secretary after consideration 
                of recommendations made by the National Advisory 
                Council on FASD.
            ``(3) Requirements.--To be eligible to receive an award 
        under paragraph (1), an applicant shall--
                    ``(A) demonstrate that the program will be part of 
                a coordinated, comprehensive system of care for such 
                individuals;
                    ``(B) demonstrate an established communication with 
                other social programs in the community including social 
                services, justice system, financial assistance 
                programs, health services, educational services, mental 
                health and substance abuse services, vocational 
                services and housing assistance services;
                    ``(C) have a qualified staff of medical, mental 
                health or other professionals with a history of working 
                with individuals with FASD;
                    ``(D) provide assurance that the services will be 
                provided in a culturally and linguistically appropriate 
                manner; and
                    ``(E) provide assurance that at the end of the 5-
                year award period, other mechanisms will be identified 
                to meet the needs of the individuals and families 
                served under such award.
            ``(4) Relationship to payments under other programs.--An 
        award may be made under paragraph (1) only if the applicant 
        involved agrees that the award will not be expended to pay the 
        expenses of providing any service under this section to an 
        individual to the extent that payment has been made, or can 
        reasonably be expected to be made, with respect to such 
        expenses--
                    ``(A) under any State compensation program, under 
                an insurance policy, or under any Federal or State or 
                Tribal health benefits programs; or
                    ``(B) by an entity that provides health services on 
                a prepaid basis.
            ``(5) Duration of awards.--With respect to any award under 
        paragraph (1), the period during which payments under such 
        award are made to the recipient may not exceed 5 years.
            ``(6) Evaluation.--The Secretary shall evaluate each 
        project carried out under paragraph (1) and shall disseminate 
        the findings with respect to each such evaluation to 
        appropriate public and private entities, including the National 
        Advisory Council on FASD.
            ``(7) Funding.--
                    ``(A) Authorization of appropriations.--For the 
                purpose of carrying out this subsection, there is 
                authorized to be appropriated $10,000,000 for each 
                fiscal years 2022 through 2027.
                    ``(B) Allocation.--Of the amounts appropriated 
                under subparagraph (A) for a fiscal year, not more than 
                $300,000 shall, for the purposes relating to FASD, be 
                made available for collaborative, coordinated 
                interagency efforts with the National Institute on 
                Alcohol Abuse and Alcoholism, National Institute on 
                Mental Health, the Eunice Kennedy Shriver National 
                Institute of Child Health and Human Development, the 
                Health Resources and Services Administration, the 
                Agency for Healthcare Research and Quality, the 
                Administration for Community Living, the Centers for 
                Disease Control and Prevention, the Department of 
                Education, the Department of Justice, and other 
                agencies, as determined by the Secretary. Interagency 
                collaborative efforts may include--
                            ``(i) the evaluation of existing programs 
                        for efficacy;
                            ``(ii) the development of new evidence-
                        based or best practice programs for prevention 
                        of prenatal alcohol and other substance 
                        exposure, and interventions for individuals 
                        with FASD and their families;
                            ``(iii) the facilitation of translation and 
                        transition of existing evidence-based, best 
                        practices or culturally-appropriate prevention 
                        and intervention programs into general and 
                        community practice; and
                            ``(iv) engaging in Tribal consultation to 
                        ensure that Indian Tribes and Tribal 
                        organizations are able to develop culturally-
                        appropriate services and interventions for 
                        prenatal alcohol and other substance exposure, 
                        and interventions for individuals with FASD and 
                        other conditions related to prenatal substance 
                        exposure and their families.''.

SEC. 4. NATIONAL ADVISORY COUNCIL ON FSAD.

    Part O of title III of the Public Health Service Act (42 U.S.C. 
280f et seq.), as amended by section 2, is further amended by inserting 
after section 339H the following:

``SEC. 399H-1. NATIONAL ADVISORY COUNCIL ON FASD.

    ``(a) In General.--The Secretary shall establish an advisory 
council to be known as the National Advisory Council on FASD (referred 
to in this section as the `Council') to foster coordination and 
cooperation among all Federal and non-Federal members and their 
constituencies that conduct or support FASD and other conditions 
related to prenatal substance exposure research, programs, and 
surveillance, and otherwise meet the general needs of populations 
actually or potentially impacted by FASD and other conditions related 
to prenatal substance exposure.
    ``(b) Membership.--The Council shall be composed of 23 members as 
described in paragraphs (1) and (2).
            ``(1) Federal membership.--Members of the Council shall 
        include representatives of the following Federal agencies:
                    ``(A) The National Institute on Alcohol Abuse and 
                Alcoholism.
                    ``(B) The National Institute on Drug Abuse.
                    ``(C) The Centers for Disease Control and 
                Prevention.
                    ``(D) The Health Resources and Services 
                Administration.
                    ``(E) The Substance Abuse and Mental Health 
                Services Agency.
                    ``(F) The Office of Special Education and 
                Rehabilitative Services.
                    ``(G) The Office of Justice Programs.
                    ``(H) The Indian Health Service.
                    ``(I) The Interagency Coordinating Committee on 
                Fetal Alcohol Spectrum Disorders.
                    ``(J) The Agency for Healthcare Research and 
                Quality.
            ``(2) Non-federal members.--Additional non-Federal public 
        and private sector members of the Council shall be nominated by 
        the Interagency Coordinating Committee on Fetal Alcohol 
        Spectrum Disorders and appointed by the Secretary, and shall be 
        staffed by the Office of the Assistant Secretary for Planning 
        and Evaluation of the Department of Health and Human Services. 
        Such members shall include--
                    ``(A) at least one individual with FASD or a parent 
                or legal guardian of an individual with FASD;
                    ``(B) at least one individual or a parent or legal 
                guardian of an individual with a condition related to 
                prenatal substance exposure;
                    ``(C) at least one birth mother of an individual 
                with FASD;
                    ``(D) at least one representative from the FASD 
                Study Group of the Research Society on Alcoholism;
                    ``(E) at least one representative of the National 
                Organization on Fetal Alcohol Syndrome;
                    ``(F) at least one representative of a leading 
                statewide advocacy and service organization for 
                individuals with FASD and their families;
                    ``(G) at least one representative of the FASD 
                Center for Excellence established under section 399H-3;
                    ``(H) at least 2 representatives from State or 
                Tribal advisory groups receiving an award under section 
                399H(d); and
                    ``(I) representatives with interest and expertise 
                in FASD from the private sector of pediatricians, 
                obstetricians and gynecologists, substance abuse and 
                mental health care providers, family and juvenile court 
                judges and justice and corrections programming and 
                services, or special education and social work 
                professionals.
            ``(3) Appointment timing.--The members of the Council 
        described in paragraph (2) shall be appointed by the Secretary 
        not later than 6 months after the date of enactment of the 
        Advancing FASD Research, Services and Prevention Act.
    ``(c) Functions.--The Council shall--
            ``(1) advise Federal, State, Tribal and local programs and 
        research concerning FASD and other conditions related to 
        prenatal substance exposure, including programs and research 
        concerning education and public awareness for relevant service 
        providers, reducing the incidence of prenatal alcohol and other 
        substance exposure in pregnancies, medical and mental 
        diagnosis, interventions for women at-risk of giving birth with 
        FASD and beneficial services and supports for individuals with 
        FASD and their families;
            ``(2) coordinate its efforts with the Interagency Committee 
        on Fetal Alcohol Spectrum Disorders;
            ``(3) develop a summary of advances in FASD research 
        related to prevention, treatment, screening, diagnosis, and 
        interventions;
            ``(4) make recommendations for the FASD research program to 
        the Director of the National Institute of Alcohol Abuse and 
        Alcoholism;
            ``(5) review the 2009 report of the National Task Force on 
        FAS entitled, `A Call to Action' and other reports on FASD and 
        the adverse impact of prenatal substance exposure;
            ``(6) develop a summary of advances in practice and 
        programs relevant to FASD prevention, treatment, early 
        screening, diagnosis, and interventions; and
            ``(7) make recommendations on a national agenda to reduce 
        the prevalence and the associated impact of FASD and other 
        conditions related to prenatal substance exposure and improve 
        the quality of life of individuals and families impacted by 
        FASD or the adverse effects of prenatal substance exposure, 
        including--
                    ``(A) proposed Federal budgetary requirements for 
                FASD research and related services and support 
                activities for individuals with FASD;
                    ``(B) recommendations to ensure that FASD research, 
                and services and support activities to the extent 
                practicable, of the Department of Health and Human 
                Services and of other Federal departments and agencies, 
                are not unnecessarily duplicative;
                    ``(C) identification of existing Federal programs 
                that could be used to identify and assist individuals 
                with FASD and other conditions related to substance 
                exposed pregnancies;
                    ``(D) identification of gaps or barriers for 
                individuals living with, or impacted by, FASD in 
                accessing diagnostic, early intervention, and support 
                services;
                    ``(E) identification of prevention strategies, 
                including education campaigns and options, such as 
                product warnings and other mechanisms to raise 
                awareness of the risks associated with prenatal alcohol 
                consumption;
                    ``(F) identification of current diagnostic methods 
                and practices for the identification of FASD and 
                identify gaps or barriers for achieving diagnostic 
                capacity throughout the United States based on current 
                estimated prevalence of FASD;
                    ``(G) recommendations for research or other 
                measures to increase diagnostic capacity to meet the 
                needs of the estimated number of individuals with FASD;
                    ``(H) identification and enhancement of culturally-
                appropriate or best practice approaches and models of 
                care to reduce the incidence of FASD; and
                    ``(I) identification and enhancement of best 
                practice approaches and models of care to increase 
                support and treat individuals with FASD, and to make 
                recommendations for a broad model comprehensive 
                community approach to the overall problem of prenatal 
                alcohol and other harmful substance exposure.
    ``(d) Report to Congress and the President.--The Council shall 
submit to Congress and to the President--
            ``(1) an update on the summary of advances described in 
        paragraphs (3) and (6) of subsection (c), not later than 2 
        years after the date of enactment of the Advancing FASD 
        Research, Services and Prevention Act;
            ``(2) an update to the national agenda described in 
        subsection (c)(7), including any progress made in achieving the 
        objectives outlined in such agenda, not later than 4 years 
        after the date of enactment of such Act; and
            ``(3) a final report that provides a summary of advances 
        described in paragraphs (3) and (6) of subsection (c), and an 
        update to the national agenda described in subsection (c)(7), 
        not later than September 30, 2027.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2022 through 2027.''.

SEC. 5. INTERAGENCY COORDINATING COMMITTEE ON FETAL ALCOHOL SPECTRUM 
              DISORDERS.

    Subpart 14 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285n et seq.) is amended by adding at the end the following:

``SEC. 464K. INTERAGENCY COORDINATING COMMITTEE ON FETAL ALCOHOL 
              SPECTRUM DISORDERS.

    ``(a) In General.--The Director of the Institute shall provide for 
the continuation of the `Interagency Coordinating Committee on Fetal 
Alcohol Spectrum Disorders' (referred to in this section as the 
`Committee') so that such Committee may--
            ``(1) coordinate activities conducted by the Federal 
        Government on FASD, including convening meetings, establishing 
        work groups, sharing information, and facilitating and 
        promoting collaborative projects among Federal agencies, the 
        National Advisory Council on FASD established under section 
        399H-1, and outside partners;
            ``(2) support organizations of appropriate medical and 
        mental health professionals in their development and refinement 
        of evidence-based clinical diagnostic guidelines and criteria 
        for all fetal alcohol spectrum disorders in collaboration with 
        other Federal and outside partners, and
            ``(3) develop priority areas considering recommendations 
        from the National Advisory Council on FASD.
    ``(b) Membership.--Members of the Committee shall include 
representatives of the following Federal agencies:
            ``(1) The National Institute on Alcohol Abuse and 
        Alcoholism.
            ``(2) The Centers for Disease Control and Prevention.
            ``(3) The Health Resources and Services Administration.
            ``(4) The Office of the Assistant Secretary for Planning 
        and Evaluation.
            ``(5) The Office of Juvenile Justice and Delinquency 
        Prevention.
            ``(6) Office of Justice Programs of the Department of 
        Justice.
            ``(7) The Substance Abuse and Mental Health Services 
        Administration.
            ``(8) The Office of Special Education and Rehabilitation 
        Services.
            ``(9) The National Institute on Drug Abuse.
            ``(10) The National Institute of Mental Health.
            ``(11) The Indian Health Service.
            ``(12) The Eunice Kennedy Shriver National Institute of 
        Child Health and Human Development.
            ``(13) Other Federal agencies with responsibilities related 
        to FASD prevention or treatment or that interact with 
        individuals with FASD, including education and correctional 
        systems, alcohol and substance use disorder prevention and 
        treatment programs, maternal health, the Medicare and Medicaid 
        programs under titles XVIII and XIX, respectively, of the 
        Social Security Act, child health and welfare, rehabilitative 
        services, and labor and housing grant or entitlement programs.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2022 through 2027.''.

SEC. 6. FASD CENTER FOR EXCELLENCE.

    (a) In General.--Part O of title III of the Public Health Service 
Act (42 U.S.C. 280f et seq.), as amended by section 4, is further 
amended by inserting after section 339H-2 the following:

``SEC. 399H-2. FASD CENTER FOR EXCELLENCE.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, and in 
consultation with the Assistant Secretary for Mental Health and 
Substance Use, the Director of the Centers for Disease Control, and the 
Chair of the Interagency Coordinating Committee on Fetal Alcohol 
Spectrum Disorders, shall award up to 4 grants, cooperative agreements, 
or contracts to public or nonprofit entities with demonstrated 
expertise in FASD prevention, identification, and intervention services 
and other adverse conditions related to prenatal substance exposure. 
Such awards shall be for the purposes of establishing a FASD Center for 
Excellence to build local, Tribal, State, and national capacities to 
prevent the occurrence of FASD and other adverse conditions related to 
exposure to substances, and to respond to the needs of individuals with 
FASD and their families by carrying out the programs described in 
subsection (b).
    ``(b) Programs.--An entity receiving an award under subsection (a) 
may use such award for any of the following programs:
            ``(1) Increasing fasd diagnostic capacity.--Initiating or 
        expanding diagnostic capacity of FASD by increasing screening, 
        assessment, identification, and diagnosis in settings such as 
        clinical practices, educational settings, child welfare, and 
        juvenile out-of-home placement facilities and adult 
        correctional systems.
            ``(2) Public awareness.--Developing and supporting national 
        public awareness and outreach activities, including the use of 
        all types of media and public outreach, and the formation of a 
        diverse speakers bureau to raise public awareness of the risks 
        associated with alcohol consumption during pregnancy with the 
        purpose of reducing the prevalence of FASD and improving the 
        quality of life for those living with FASD and their families.
            ``(3) Resources and training.--
                    ``(A) Clearinghouse.--Acting as a clearinghouse for 
                resources on FASD prevention, identification, and 
                culturally-aware best practices, including the 
                maintenance of a national data-based directory on FASD-
                specific services in States, Indian Tribes, and local 
                communities.
                    ``(B) Internet-based center.--Providing an 
                internet-based center that disseminates ongoing 
                research and resource development on FASD in 
                administering systems of care for individuals with FASD 
                across their lifespan.
                    ``(C) Intervention services and best practices.--
                Increasing awareness and understanding of efficacious 
                FASD screening tools and culturally-appropriate 
                intervention services and best practices by--
                            ``(i) maintaining a diverse national 
                        speakers bureau; and
                            ``(ii) conducting national, regional, 
                        State, Tribal, or peer cross-State webinars, 
                        workshops, or conferences for training 
                        community leaders, medical and mental health 
                        and substance abuse professionals, education 
                        and disability professionals, families, law 
                        enforcement personnel, judges, individuals 
                        working in financial assistance programs, 
                        social service personnel, child welfare 
                        professionals, and other service providers.
                    ``(D) Building capacity.--Building capacity for 
                State, Tribal, and local affiliates dedicated to FASD 
                awareness, prevention, and identification and family 
                and individual support programs and services.
            ``(4) Technical assistance.--Providing technical assistance 
        to--
                    ``(A) communities for replicating and adapting 
                exemplary comprehensive systems of care for individuals 
                with FASD developed under section 399H(d) and for 
                replicating and adapting culturally-appropriate best or 
                model projects of care developed under section 399H(f);
                    ``(B) States and Indian Tribes in developing 
                statewide or Tribal FASD strategic plans, establishing 
                or expanding statewide programs of surveillance, 
                screening and diagnosis, prevention, and clinical 
                intervention, and support for individuals with FASD and 
                their families under section 399H(d); and
                    ``(C) Indian Tribes and Tribal organizations in 
                engaging in tribal consultation to ensure that such 
                Tribes and Tribal organizations are able to develop 
                culturally-appropriate services and interventions for 
                individuals with FASD and other conditions related to 
                prenatal substance exposure and their families.
            ``(5) Other functions.--Carrying out other functions, to 
        the extent authorized by the Secretary, after consideration of 
        recommendations of the National Advisory Council on FASD.
    ``(c) Application.--To be eligible for a grant, contract, or 
cooperative agreement under this section, an entity shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require, including specific 
credentials relating to FASD expertise and experience relevant to the 
application's proposed activity, including development of FASD public 
awareness activities and resources; FASD resource development, 
dissemination, and training; coordination of FASD-informed services, 
technical assistance, administration of FASD partner networks, and 
other FASD-specific expertise.
    ``(d) Subcontracting.--A public or private nonprofit may carry out 
the activities under subsection (a) through contracts or cooperative 
agreements with other public and private nonprofit entities with 
demonstrated expertise in--
            ``(1) FASD prevention activities;
            ``(2) FASD screening and identification;
            ``(3) FASD resource, development, dissemination, training 
        and technical assistance, administration and support of FASD 
        partner networks; and
            ``(4) intervention services.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 2022 through 2027.''.

SEC. 7. DEPARTMENT OF EDUCATION AND DEPARTMENT OF JUSTICE PROGRAMS.

    (a) Prevention, Identification, Intervention, and Services in the 
Education System.--
            (1) General rule.--The Secretary of Education shall address 
        education-related issues with respect to children with FASD, in 
        accordance with this subsection.
            (2) Specific responsibilities.--The Secretary of Education 
        shall direct the Office of Special Education and Rehabilitative 
        Services to--
                    (A) support the development, collection, and 
                dissemination (through the internet website of the 
                Department of Education, at teacher-to-teacher 
                workshops, through in-service trainings, and through 
                other means) of culturally appropriate best practices 
                that are FASD-informed in the education and support of 
                children with FASD (including any special techniques on 
                how to assist these children in both special and 
                traditional educational settings, and including such 
                practices that incorporate information concerning the 
                identification, behavioral supports, teaching, and 
                learning associated with FASD) to--
                            (i) 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, the National 
                        Association of Secondary School Principals and 
                        national groups of special education teachers;
                            (ii) recipients of a grant under the 21st 
                        Century Community Learning Center program 
                        established under part B of title IV of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7171 et seq.) and other after school 
                        program personnel; and
                            (iii) parent teacher associations, parent 
                        information and training centers, and other 
                        appropriate parent education organizations;
                    (B) ensure that, in administering the Individuals 
                with Disabilities Education Act (20 U.S.C. 1400 et 
                seq.), parents, educators, and advocates for children 
                with disabilities are aware that children with FASD 
                have the right to access general curriculum under the 
                least restrictive environment;
                    (C) collaborate with other Federal agencies to 
                include information or activities relating to prenatal 
                alcohol and other harmful substance exposure in 
                programs related to maternal health and health 
                education; and
                    (D) support efforts by peer advisory networks of 
                adolescents in schools to discourage the use of alcohol 
                and other harmful substances while pregnant or when 
                considering getting pregnant.
            (3) Definition.--For purposes of this subsection, the term 
        ``FASD'' has the meaning given such term in section 399H(a) of 
        the Public Health Service Act, as added by section 3.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2022 through 2027.
    (b) Prevention, Identification, Intervention and Services in the 
Justice System.--
            (1) In general.--The Attorney General shall address 
        justice-related issues with respect to youth and adults with 
        FASD and other neurodevelopmental conditions as a result of 
        prenatal substance exposure, in accordance with this 
        subsection.
            (2) Requirements.--The Attorney General, acting through the 
        Office of Juvenile Justice and Delinquency Prevention and the 
        Bureau of Justice Initiatives, shall--
                    (A) develop screening and assessment procedures and 
                conduct trainings on demonstration FASD surveillance 
                projects in adult and juvenile correction facilities in 
                collaboration with the National Center on Birth Defects 
                and Developmental Disabilities and assistance from 
                appropriate medical and mental health professionals;
                    (B) provide culturally appropriate support and 
                technical assistance to justice systems professionals 
                in developing training curricula on how to most 
                effectively identify and interact with individuals with 
                FASD or similar neurodevelopmental disorders in the 
                adult and juvenile justice systems, and such support 
                may include providing information about the prevention, 
                assessment, identification and treatment of these 
                disorders into justice professionals' credentialing or 
                continuing education requirements;
                    (C) provide culturally appropriate technical 
                assistance to adult and juvenile systems in addressing 
                the integration of prenatal alcohol and substance 
                exposure history into existing validated screening and 
                assessment instruments;
                    (D) provide culturally appropriate technical 
                assistance and support on the education of justice 
                system professionals, including judges, attorneys, 
                probation officers, child advocates, law enforcement 
                officers, prison wardens and other incarceration 
                officials, medical and mental health professionals, and 
                administrators of developmental disability, mental 
                health and alternative incarceration facilities on how 
                to screen, assess, identify, treat, respond and support 
                individuals with FASD and other conditions as a result 
                of substance exposure within the justice systems, 
                including--
                            (i) programs designed specifically for the 
                        identification, assessment, treatment, and 
                        education of those with FASD;
                            (ii) curricula development and 
                        credentialing of teachers, administrators, and 
                        social workers who implement such programs; and
                            (iii) how FASD and other neurodevelopmental 
                        disorders impact an individual's interaction 
                        with law enforcement and whether diversionary 
                        sentencing options are more appropriate for 
                        such individuals;
                    (E) conduct a study on the practices and procedures 
                within the criminal justice system for identifying and 
                treatment of juvenile and adult offenders with 
                neurodevelopmental disabilities, such as FASD, the 
                impact of FASD on offenders' cognitive skills and 
                adaptive functioning, and identify alternative 
                culturally appropriate methods of treatment and 
                incarceration that have been demonstrated to be more 
                effective for such offenders; and
                    (F) collaborate with professionals with FASD 
                expertise and implement FASD-informed transition 
                programs for adults and juveniles with FASD who are 
                released from adult and juvenile correctional 
                facilities.
            (3) Access for bop inmates.--The Attorney General shall 
        direct the Reentry Services Division at the Bureau of Prisons 
        to ensure that each inmate with FASD or a similar 
        neurodevelopmental disorder who is in the custody of the Bureau 
        of Prisons have access to FASD-informed culturally appropriate 
        services upon re-entry, including programs, resources, and 
        activities for adults with FASD, to facilitate the successful 
        reintegration into their communities upon release.
            (4) Authorization of appropriations.--For the purpose of 
        carrying out this subsection, there are authorized to be 
        appropriated $2,000,000 for each of fiscal years 2022 through 
        2027.
    (c) Definition.--For purposes of this section, the term ``FASD'' 
has the meaning given such term in section 399H(a) of the Public Health 
Service Act, as amended by section 3.
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