[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[Senate]
[Pages S9859-S9860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES PREVENTION ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 626, S. 2980.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2980) to revise and extend the Birth Defect 
     Prevention Act of 1998.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported from the Committee on Health, Education, Labor, and 
Pensions with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:
  [Strike the part printed in black brackets and, insert the part 
printed in italic.]
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Birth Defects and 
     Developmental Disabilities Prevention Act of 2002''.

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

       [Section 317C of the Public Health Service Act (42 U.S.C. 
     247b-4) is amended--
       [(1) in subsection (a)(2)--
       [(A) in subparagraph (A)--
       [(i) by striking ``and developmental disabilities'' and 
     inserting ``, developmental disabilities, and disabilities 
     and health''; and
       [(ii) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (c)(2)'';
       [(B) in subparagraph (B), by striking ``and'' at the end;
       [(C) in subparagraph (C), by striking the period; and
       [(D) by adding at the end the following:
       [``(D) to conduct research on and to promote the prevention 
     (including the prevention of secondary conditions) of such 
     birth defects and disabilities; and
       [``(E) to support a National Spina Bifida Program to 
     prevent and reduce suffering from the nation's most common 
     permanently disabling birth defect.'';
       [(2) by striking subsection (b);
       [(3) in subsection (d)--
       [(A) in the matter preceding paragraph (1), by striking 
     ``1999'' and inserting ``2004'';
       [(B) in paragraph (1)--
       [(i) by inserting ``and developmental disabilities'' after 
     ``defects'' each place that such appears; and
       [(ii) by inserting ``and affected quality of life'' before 
     the semicolon;
       [(C) in paragraph (3), by inserting ``and developmental 
     disabilities'' after ``defects'';
       [(D) in paragraph (4), by striking ``and'' at the end;
       [(E) by redesignating paragraph (5) as paragraph (7); and
       [(F) by inserting after paragraph (4), the following:
       [``(5) contains information on the incidence and prevalence 
     of individuals living with birth defects and disabilities, 
     any health disparities experienced by such individuals, and 
     recommendations for improving the health and wellness and 
     quality of life of such individuals;
       [``(6) contains a summary of recommendations from all birth 
     defects research conferences sponsored by the agency 
     including conferences related to spina bifida; and'';
       [(4) in subsection (e)--
       [(A) by inserting ``, including section 444 of the General 
     Education Provisions Act,'' after ``privacy of information''; 
     and
       [(B) by inserting before the period the following: ``, 
     except that the Centers for Disease Control and Prevention 
     shall have access to information under section 444(b)(1)(F) 
     of such Act solely for purposes of carrying out subsection 
     (a)(1) of this section and shall otherwise comply with all 
     other requirements of such section 444'';
       [(5) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively;
       [(6) by inserting after subsection (d) (as so 
     redesignated), the following:
       [``(e) Advisory Committee.--Notwithstanding any other 
     provision of law, the members of the advisory committee 
     appointed by the Director of the National Center for 
     Environmental Health that have expertise in birth defects, 
     developmental disabilities, and disabilities and health shall 
     be transferred to the National Center on Birth Defects on the 
     date of enactment of the Birth Defects and Developmental 
     Disabilities Prevention Act of 2002.''; and
       [(7) in subsection (f), by striking ``$30,000,000'' and all 
     that follows and inserting ``such sums as may be necessary 
     for each of fiscal yeas 2003 through 2007.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Birth Defects and 
     Developmental Disabilities Prevention Act of 2002''.

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

       Section 317C of the Public Health Service Act (42 U.S.C. 
     247b-4) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``and developmental disabilities'' and 
     inserting ``, developmental disabilities, and disabilities 
     and health''; and
       (ii) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (c)(2)'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period; and
       (D) by adding at the end the following:
       ``(D) to conduct research on and to promote the prevention 
     of such birth defects, disabilities, and the prevention of 
     secondary health conditions among individuals with 
     disabilities; and
       ``(E) to support a National Spina Bifida Program to prevent 
     and reduce suffering from the nation's most common 
     permanently disabling birth defect.'';
       (2) by striking subsection (b);
       (3) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``1999'' and inserting ``2004'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) contains information regarding the incidence and 
     prevalence of birth defects, developmental disabilities, and 
     the health status of individuals with disabilities and the 
     extent to which these conditions have contributed to the 
     incidence and prevalence of infant mortality and affected 
     quality of life;'';
       (C) in paragraph (3), by inserting ``, developmental 
     disabilities, and secondary health conditions among 
     individuals with disabilities'' after ``defects'';
       (D) in paragraph (4), by striking ``and'' at the end;
       (E) by redesignating paragraph (5) as paragraph (7); and
       (F) by inserting after paragraph (4), the following:
       ``(5) contains information on the incidence and prevalence 
     of individuals living with birth defects and disabilities, 
     developmental disabilities, and the health status of 
     individuals with disabilities, any health disparities 
     experienced by such individuals, and recommendations for 
     improving the health and wellness and quality of life of such 
     individuals;
       ``(6) contains a summary of recommendations from all birth 
     defects research conferences sponsored by the agency 
     including conferences related to spina bifida; and'';
       (4) in subsection (e)--
       (A) by inserting ``, including section 444 of the General 
     Education Provisions Act,'' after ``privacy of information''; 
     and
       (B) by inserting before the period the following: ``, 
     except that the Centers for Disease Control and Prevention 
     shall have access to information under section 444(b)(1)(F) 
     of such Act solely for purposes of carrying out subsection 
     (a)(2) of this section and shall otherwise comply with all 
     other requirements of such section 444'';
       (5) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively;
       (6) by inserting after subsection (d) (as so redesignated), 
     the following:
       ``(e) Advisory Committee.--Notwithstanding any other 
     provision of law, the members of the advisory committee 
     appointed by the Director of the National Center for 
     Environmental Health that have expertise in birth defects, 
     developmental disabilities, and disabilities and health shall 
     be transferred to and shall advise the National Center on 
     Birth Defects and Developmental Disabilities on the date of 
     enactment of the Birth Defects and Developmental Disabilities 
     Prevention Act of 2002.''; and
       (7) in subsection (f), by striking ``$30,000,000'' and all 
     that follows and inserting ``such sums as may be necessary 
     for each of fiscal yeas 2003 through 2007.''.

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

       Section 122(a) of the Developmental Disabilities Assistance 
     and Bill of Rights Act of 2000 (42 3 U.S.C. 15022(a)) is 
     amended--
       (1) in paragraph (3)(A)(ii), by inserting before the period 
     the following: ``, the amount received by the State for the 
     previous year, or the amount of Federal appropriations 
     received in fiscal years 2000, 2001, or 2002, whichever is 
     greater''; and
       (2) in paragraph (4)(A)(ii), by inserting before the period 
     the following: ``, the amount received by the State for the 
     previous year, or the amount of Federal appropriations 
     received in fiscal years 2000, 2001, or 2002, whichever is 
     greater''.
  Mr. KENNEDY. Mr. President, birth defects are the leading cause of 
infant mortality in the United States. They account for more than 20 
percent of all infant deaths. Of the nearly 120,000 babies born in the 
United States each year with a birth defect, 8,000 will die during 
their first year of life. This tragic loss of life is unconscionable 
and unacceptable when so many birth defects are preventable.
  This legislation will provide new hope for families across the 
country by

[[Page S9860]]

developing better ways to identify the causes of birth defects, better 
ways to prevent them, and better ways to apply what we already know.
  The legislation gives strong new support to the National Center on 
Birth Defects and Developmental Disabilities in the ongoing effort to 
improve the health of the nation's children. The Center's leadership in 
reducing birth defects by educating pregnant women about the benefits 
of folic acid and the dangers of alcohol and drugs, can save thousands 
of children from suffering the lifelong effects of preventable birth 
defects.
  I urge the Senate to approve this bipartisan legislation, and I 
commend Senator Bond and Senator Dodd for their leadership and their 
continuing commitment to improving the health of children.
  Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported amendment be agreed to, the bill, as amended, be read the 
third time, passed, the motion to reconsider be laid upon the table, 
and that any statements relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2980), as amended, was read the third time and passed.

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