[Congressional Record Volume 151, Number 117 (Monday, September 19, 2005)]
[Senate]
[Pages S10189-S10193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. MURKOWSKI (for herself, Mr. Johnson, Mr. Coleman, Mr.
Durbin, Mr. Dodd, and Mrs. Murray):
S. 1722. A bill to amend the Public Health Service Act to reauthorize
and extend the Fetal Alcohol Syndrome prevention and services program,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1722
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,
Prevention, and Services Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Fetal Alcohol Spectrum Disorders are the spectrum of
serious, life-long disorders caused by prenatal exposure to
alcohol, which include Fetal Alcohol Syndrome, Alcohol-
Related Neurodevelopmental Disorder, and Alcohol-Related
Birth Defects.
(2) In the decades that have passed since Fetal Alcohol
Syndrome was first recognized in the United States, this
fully preventable condition has continued to affect American
children and families.
(3) Prenatal alcohol exposure can cause brain damage that
produces cognitive and behavioral impairments. Prenatal
alcohol exposure can cause mental retardation or low IQ and
difficulties with learning, memory, attention, and problem-
solving. It can
[[Page S10190]]
also create problems with mental health and social
interactions.
(4) Prenatal alcohol exposure also can cause growth
retardation, birth defects involving the heart, kidney,
vision and hearing, and a characteristic pattern of facial
abnormalities.
(5) About 13 percent of women report using alcohol during
pregnancy even though there is no known safe level of alcohol
consumption during pregnancy.
(6) Estimates of individuals with Fetal Alcohol Syndrome
vary but are estimated to be between 0.5 and 2.0 per 1,000
births. The prevalence rate is considerably higher for all
Fetal Alcohol Spectrum Disorders: about 10 out of 1,000
births (1 percent of births).
(7) Prevalence of Fetal Alcohol Spectrum Disorders can be
even higher in certain populations, such as Native Americans,
and in certain areas, such as those characterized by low
socioeconomic status.
(8) Fetal Alcohol Spectrum Disorders pose extraordinary
financial costs to the Nation, including the cost of
specialized health care, education, foster care,
incarceration, job training, and general support services for
individuals affected by Fetal Alcohol Spectrum Disorders.
(9) Lifetime health costs for an individual with Fetal
Alcohol Syndrome average $860,000, and can run as high as
$4,200,000. The direct and indirect economic costs of Fetal
Alcohol Syndrome in the United States were $5,400,000,000 in
2003. Total economic costs would be even higher for all Fetal
Alcohol Spectrum Disorders.
(10) There is a great need for research, surveillance,
prevention, treatment, and support services for individuals
with Fetal Alcohol Spectrum Disorders and their families.
SEC. 3. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DISORDERS.
Section 399H of the Public Health Service Act (48 U.S.C.
280f) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM
DISORDERS.'';
(2) by redesignating subsections (a) through (d) as
subsections (h) through (k), respectively;
(3) by inserting after the section heading, the following:
``(a) Research on FAS and Related Disorders.--
``(1) In general.--The Secretary, acting through the
Director of the National Institutes of Health and in
coordination with the Interagency Coordinating Committee on
Fetal Alcohol Syndrome, shall--
``(A) establish a research agenda for Fetal Alcohol
Spectrum Disorders; 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 agenda.
``(2) Types of research.--In carrying out paragraph (1),
the Secretary, acting through the Director of the National
Institute of Alcohol Abuse and Alcoholism, shall conduct
national and international research in coordination with
other Federal agencies that includes--
``(A) the identification of the mechanisms that produce the
cognitive and behavioral problems associated with fetal
alcohol exposure;
``(B) the development of a neurocognitive phenotype for
Fetal Alcohol Syndrome and Alcohol-Related Neurodevelopmental
Disorder;
``(C) the identification of biological markers that can be
used to indicate fetal alcohol exposure;
``(D) the identification of fetal and maternal risk factors
that increase susceptibility to Fetal Alcohol Spectrum
Disorders;
``(E) the investigation of behavioral and pharmacotherapies
for alcohol-dependent women to determine new approaches for
sustaining recovery;
``(F) the development of scientific-based therapeutic
interventions for individuals with Fetal Alcohol Spectrum
Disorders;
``(G) the development of screening instruments to identify
women who consume alcohol during pregnancy and the
development of standards for measuring, reporting, and
analyzing alcohol consumption patterns in pregnant women; and
``(H) other research that the Director determines to be
appropriate.
``(3) Study.--The Secretary, acting through the Director of
the National Institute of Mental Health, shall--
``(A) conduct a study on the behavioral disorders that may
be associated with prenatal alcohol exposure;
``(B) not later than 1 year after the date of enactment of
the Advancing FASD Research, Prevention, and Services Act,
submit to Congress a report on the appropriateness of
characterizing Fetal Alcohol Spectrum Disorders and their
secondary behavioral disorders as mental health disorders;
and
``(C) conduct additional research on the epidemiology of
behavior disorders associated with Fetal Alcohol Spectrum
Disorders in collaboration with the Centers for Disease
Control and Prevention.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2006
through 2010.
``(b) Surveillance, Identification, and Prevention
Activities.--
``(1) In general.--The Secretary, acting through the
Director of the National Center on Birth Defects and
Developmental Disabilities, shall facilitate surveillance,
identification, and prevention of Fetal Alcohol Spectrum
Disorders as provided for in this subsection.
``(2) Surveillance, identification, and prevention.--In
carrying out this subsection, the Secretary shall--
``(A) develop and implement a uniform surveillance case
definition for Fetal Alcohol Syndrome and a uniform
surveillance case definition for Alcohol Related
Neurodevelopmental Disorder;
``(B) develop a comprehensive screening process for Fetal
Alcohol Spectrum Disorders that covers different age, race,
and ethnic groups and is based on the uniform surveillance
case definitions developed under subparagraph (A);
``(C) disseminate and provide the necessary training and
support for the screening process developed under
subparagraph (B) to--
``(i) hospitals, community health centers, outpatient
programs, and other appropriate health care providers;
``(ii) incarceration and detainment facilities;
``(iii) primary and secondary schools;
``(iv) social work and child welfare offices;
``(v) foster care providers and adoption agencies;
``(vi) State offices and others providing services to
individuals with disabilities; and
``(vii) other entities that the Secretary determines to be
appropriate;
``(D) conduct activities related to risk factor
surveillance including the annual monitoring and reporting of
alcohol consumption among pregnant women and women of child
bearing age; and
``(E) conduct applied public health prevention research and
implement strategies for reducing alcohol-exposed pregnancies
in women at high risk for alcohol-exposed pregnancies.
``(3) Authorization of appropriation.--There are authorized
to be appropriated to carry out this subsection, such sums as
may be necessary for each of fiscal years 2006 through 2010.
``(c) Building State FASD Systems.--
``(1) In general.--The Secretary, acting through the
Administrator of the Substance Abuse and Mental Health
Services Administration, shall award grants, contracts, or
cooperative agreements to States for the purpose of
establishing or expanding statewide programs of surveillance,
prevention, and treatment of individuals with Fetal Alcohol
Spectrum Disorders.
``(2) Eligibility.--To be eligible to receive a grant,
contract, or cooperative agreement under paragraph (1) a
State shall--
``(A) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may reasonably require;
``(B) develop and implement a statewide strategic plan for
preventing and treating Fetal Alcohol Spectrum Disorders;
``(C) consult with public and private non-profit entities
with relevant expertise on Fetal Alcohol Spectrum Disorders
within the State, including--
``(i) parent-led groups and other organizations that
support and advocate for individuals with Fetal Alcohol
Spectrum Disorders; and
``(ii) Indian tribes and tribal organizations; and
``(D) designate an individual to serve as the coordinator
of the State's Fetal Alcohol Spectrum Disorders program.
``(3) Strategic plan.--The statewide strategic plan
prepared under paragraph (2)(B) shall include--
``(A) the identification of existing State programs and
systems that could be used to identify and treat individuals
with Fetal Alcohol Spectrum Disorders and prevent alcohol
consumption during pregnancy, such as--
``(i) programs for the developmentally disabled, the
mentally ill, and individuals with alcohol dependency;
``(ii) primary and secondary educational systems;
``(iii) judicial systems for juveniles and adults;
``(iv) child welfare programs and social service programs;
and
``(v) other programs or systems the State determines to be
appropriate;
``(B) the identification of any barriers for individuals
with Fetal Alcohol Spectrum Disorders or women at risk for
alcohol consumption during pregnancy to access the programs
identified under subparagraph (A); and
``(C) proposals to eliminate barriers to prevention and
treatment programs and coordinate the activities of such
programs.
``(4) Use of funds.--Amounts received under a grant,
contract, or cooperative agreement under paragraph (1) shall
be used for one or more of the following activities:
``(A) Establishing a statewide surveillance system.
``(B) Collecting, analyzing and interpreting data.
``(C) Establishing a diagnostic center.
``(D) Developing, implementing, and evaluating population-
based and targeted prevention programs for Fetal Alcohol
Spectrum Disorders, including public awareness campaigns.
``(E) Referring individuals with Fetal Alcohol Spectrum
Disorders to appropriate support services.
``(F) Developing and sharing best practices for the
prevention, identification, and treatment of Fetal Alcohol
Spectrum Disorders.
``(G) Providing training to health care providers on the
prevention, identification, and
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treatment of Fetal Alcohol Spectrum Disorders.
``(H) Disseminating information about Fetal Alcohol
Spectrum Disorders and the availability of support services
to families of individuals with Fetal Alcohol Spectrum
Disorders.
``(I) Other activities determined appropriate by the
Secretary.
``(5) Multi-state programs.--The Secretary shall permit the
formation of multi-State Fetal Alcohol Spectrum Disorders
programs under this subsection.
``(6) Other contracts and agreements.--A State may carry
out activities under paragraph (4) through contacts or
cooperative agreements with public and private non-profit
entities with a demonstrated expertise in Fetal Alcohol
Spectrum Disorders.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for fiscal years 2006 through
2010.
``(d) Promoting Community Partnerships.--
``(1) In general.--The Secretary 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 the services available to
individuals with Fetal Alcohol Spectrum Disorders, such as
surveillance, prevention, treatment, and provision of 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, including--
``(i) a health care provider or health professional;
``(ii) a primary or secondary school;
``(iii) a social work or child welfare office;
``(iv) an incarceration or detainment facility;
``(v) a parent-led group or other organization that
supports and advocates for individuals with Fetal Alcohol
Spectrum Disorders;
``(vi) an Indian tribe or tribal organization;
``(vii) any other entity the Secretary determines to be
appropriate; or
``(viii) a consortium of any of the entities described in
clauses (i) through (vii); and
``(B) 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 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, include substantive
participation of a broad range of entities that work with or
provide services for individuals with Fetal Alcohol Spectrum
Disorders.
``(3) Activities.--An eligible entity shall use amounts
received under a grant, contract, or cooperative agreement
under this subsection shall carry out 1 or more of the
following activities:
``(A) Identifying and integrating existing programs and
services available in the community for individuals with
Fetal Alcohol Spectrum Disorders.
``(B) Conducting a needs assessment to identify services
that are not available in a community.
``(C) Developing and implementing community-based
initiatives to prevent, diagnose, treat, and provide support
services to individuals with Fetal Alcohol Spectrum
Disorders.
``(D) Disseminating information about Fetal Alcohol
Spectrum Disorders 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 families of
individuals with Fetal Alcohol Spectrum Disorders.
``(G) Other activities determined appropriate by the
Secretary.
``(4) Authorization of appropriation.--There are authorized
to be appropriated to carry out this subsection, such sums as
may be necessary for each of fiscal years 2006 through 2010.
``(e) Development of Best Practices.--
``(1) In general.--The Secretary, in coordination with the
National Task Force on Fetal Alcohol Spectrum Disorders,
shall award grants to States, Indian tribes and tribal
organizations, and nongovernmental organizations for the
establishment of pilot projects to identify and implement
best practices for--
``(A) educating children with fetal alcohol spectrum
disorders, 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;
``(B) educating judges, attorneys, child advocates, law
enforcement officers, prison wardens, alternative
incarceration administrators, and incarceration officials on
how to treat and support individuals suffering from Fetal
Alcohol Spectrum Disorders within the criminal justice
system, including--
``(i) programs designed specifically for the
identification, treatment, and education of those with Fetal
Alcohol Spectrum Disorders; and
``(ii) curricula development and credentialing within the
justice system for individuals who implement such programs;
and
``(C) educating adoption or foster care agency officials
about available and necessary services for children with
fetal alcohol spectrum disorders, including--
``(i) programs designed specifically for the
identification, treatment, and education of those with Fetal
Alcohol Spectrum Disorders; and
``(ii) education and training for potential parents of an
adopted child with Fetal Alcohol Spectrum Disorders.
``(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 reasonably
require.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2006
through 2010.
``(f) Transitional Services.--
``(1) In general.--The Secretary shall award demonstration
grants, contracts, and cooperative agreements to States,
Indian tribes and tribal organizations, and nongovernmental
organizations for the purpose of establishing integrated
systems for providing transitional services for those
affected by prenatal alcohol exposure and evaluating their
effectiveness.
``(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.
``(3) Allowable uses.--An entity shall use amounts received
under a grant, contract, or cooperative agreement under
paragraph (1) to--
``(A) provide housing assistance to adults with Fetal
Alcohol Spectrum Disorders;
``(B) provide vocational training and placement services
for adults with Fetal Alcohol Spectrum Disorders;
``(C) provide medication monitoring services for adults
with Fetal Alcohol Spectrum Disorders; and
``(D) provide training and support to organizations
providing family services or mental health programs and other
organizations that work with adults with Fetal Alcohol
Spectrum Disorders.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2006
through 2010.
``(g) Community Health Center Initiative.--
``(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall award grants to community health
centers acting in collaboration with States, Indian tribes,
tribal organizations, and nongovernmental organizations, for
the establishment of a 5-year demonstration program under the
direction of the Interagency Coordinating Committee on Fetal
Alcohol Syndrome to implement and evaluate a program to
increase awareness and identification of Fetal Alcohol
Spectrum Disorders in community health centers and to refer
affected individuals to appropriate support services.
``(2) Application.--To be eligible to receive a grant under
paragraph (1), a community health center shall prepare and
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may reasonably require.
``(3) Activities.--A community health center shall use
amounts received under a grant under paragraph (1) to--
``(A) provide training for health care providers on
identifying and educating women who are at risk for alcohol
consumption during pregnancy;
``(B) provide training for health care providers on
screening children for Fetal Alcohol Spectrum Disorders;
``(C) educate health care providers and other relevant
community health center workers on the support services
available for those with Fetal Alcohol Spectrum Disorders and
treatment services available for women at risk for alcohol
consumption during pregnancy; and
``(D) implement a tracking system that can identify the
rates of Fetal Alcohol Spectrum Disorders by racial, ethnic,
and economic backgrounds.
``(4) Selection of participants.--The Administrator shall
determine the number of community health centers that will
participate in the demonstration program under this
subsection and shall select participants, to the extent
practicable, that are located in different regions of the
United States and that serve a racially and ethnically
diverse population.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
such sums as may be necessary for each of fiscal years 2006
through 2010.
``(6) Report to congress.--Not later than 1 year after
completion of the demonstration program under this
subsection, the Administrator shall prepare and submit to
Congress a report on the results of the demonstration
program, including--
``(A) changes in the number of women screened for and
identified as at risk for alcohol consumption during
pregnancy;
[[Page S10192]]
``(B) changes in the number of individuals identified as
having a Fetal Alcohol Spectrum Disorder; and
``(C) changes in the number of alcohol-consuming pregnant
women and individuals with Fetal Alcohol Spectrum Disorders
who were referred to appropriate services.'';
(4) in subsection (h)(1) (as so redesignated)--
(A) in subparagraph (C), by striking ``and'' after the
semicolon;
(B) in subparagraph (D), by adding ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(E) national public service announcements to raise public
awareness of the risks associated with alcohol consumption
during pregnancy with the purpose of reducing the prevalence
of Fetal Alcohol Spectrum Disorders, that shall--
``(i) be conducted by relevant Federal agencies under the
coordination of the Interagency Coordinating Committee on
Fetal Alcohol Syndrome;
``(ii) be developed by the appropriate Federal agencies, as
determined by the Interagency Coordinating Committee on Fetal
Alcohol Syndrome taking into consideration the expertise and
experience of other relevant Federal agencies, and shall test
and evaluate the public service announcement's effectiveness
prior to broadcasting the announcements nationally;
``(iii) be broadcast through appropriate media outlets,
including television or radio, in a manner intended to reach
women at risk of alcohol consumption during pregnancy; and
``(iv) be measured prior to broadcast of the national
public service announcements to provide baseline data that
will be used to evaluate the effectiveness of the
announcements.''; and
(5) in subsection (k) (as so redesignated)--
(A) in paragraph (1), by striking ``National Task Force on
Fetal Alcohol Syndrome and Fetal Alcohol Effect'' and
inserting ``National Task Force on Fetal Alcohol Spectrum
Disorders'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by adding ``and'' after the
semicolon; and
(iii) by adding at the end the following:
``(D) develop, in collaboration with the Interagency
Coordinating Committee on Fetal Alcohol Syndrome, a report
that identifies and describes the 10 most important
actions that must be taken to reduce prenatal alcohol
exposure and all its adverse outcomes, and that shall--
``(i) describe the state of the current epidemiology of
Fetal Alcohol Spectrum Disorders, risk factors, and
successful approaches in policy and services that have
reduced alcohol-exposed pregnancies and outcomes;
``(ii) identify innovative approaches that have worked in
related areas such as tobacco control or HIV prevention that
may provide models for Fetal Alcohol Spectrum Disorders
prevention;
``(iii) recommend short-term and long-term action plans for
achieving the Healthy 2010 Objectives for the United States,
such as increasing abstinence from alcohol among pregnant
women and reducing the occurrence of Fetal Alcohol Syndrome;
and
``(iv) recommend in coordination with the National
Institute on Mental Health whether Fetal Alcohol Syndrome and
other prenatal alcohol disorders, or a subset of these
disorders, should be included in the Diagnostic and
Statistical Manual of Mental Disorders.''; and
(C) by striking ``Fetal Alcohol Syndrome and Fetal Alcohol
Effect'' each place that such appears and inserting ``Fetal
Alcohol Spectrum Disorders''.
SEC. 4. COORDINATION AMONG FEDERAL ENTITIES.
Part O of title III of the Public Health Service Act (42
U.S.C. 280f et seq.) is amended by adding at the end the
following:
``SEC. 399K-1. COORDINATION AMONG FEDERAL ENTITIES.
``(a) Interagency Coordinating Committee on Fetal Alcohol
Syndrome.--The Secretary, acting through the Director of the
National Institute on Alcohol Abuse and Alcoholism, shall
provide for the continuation of the Interagency Coordinating
Committee on Fetal Alcohol Syndrome so that such Committee
may--
``(1) coordinate activities conducted by the Federal
Government on Fetal Alcohol Spectrum Disorders, including
convening meetings, establishing work groups, sharing
information, and facilitating and promoting collaborative
projects among Federal agencies; and
``(2) develop, in consultation with the National Task Force
on Fetal Alcohol Spectrum Disorders, priority areas for years
2006 through 2010 to guide Federal programs and activities
related to Fetal Alcohol Spectrum Disorders.
``(b) Coordination Among Federal Entities.--
``(1) In general.--The Comptroller General of the United
States shall evaluate and make recommendations regarding the
appropriate roles and responsibilities of Federal entities
with respect to programs and activities related to Fetal
Alcohol Spectrum Disorders.
``(2) Covered entities.--The Federal entities under
paragraph (1) shall include entities within the National
Institutes of Health, the Centers for Disease Control and
Prevention, the Substance Abuse and Mental Health Services
Administration, the Health Resources and Services
Administration, the Indian Health Service, the Agency for
Healthcare Research and Quality, the Interagency Coordinating
Committee on Fetal Alcohol Syndrome, the National Task Force
on Fetal Alcohol Spectrum Disorders, as well as the Office of
Special Education and Rehabilitative Services in the
Department of Education and the Office of Juvenile Justice
and Delinquency Prevention in the Department of Justice.
``(3) Evaluation.--The evaluation conducted by the
Comptroller General under paragraph (1) shall include--
``(A) an assessment of the current roles and
responsibilities of Federal entities with programs and
activities related to Fetal Alcohol Spectrum Disorders; and
``(B) an assessment of whether there is duplication in
programs and activities, conflicting roles and
responsibilities, or lack of coordination among Federal
entities.
``(4) Recommendation.--The Comptroller General shall
provide recommendations on the appropriate roles and
responsibilities of the Federal entities described in
paragraph (2) in order to maximize the effectiveness of
Federal programs and activities related to Fetal Alcohol
Spectrum Disorders.
``(5) Completion.--Not later than 1 year after the date of
enactment of the Advancing FASD Research, Prevention, and
Services Act, the Comptroller General shall complete the
evaluation and submit to Congress a report on the findings
and recommendations made as a result of the evaluation.''.
SEC. 5. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME.
Section 519C(b) of the Public Health Service Act (42 U.S.C.
290bb-25c(b)) is amended--
(1) in paragraph (11), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (12) as paragraph (15); and
(3) by inserting after paragraph (11), the following:
``(12) provide respite care for caretakers of individuals
with Fetal Alcohol Syndrome and other prenatal alcohol-
related disorders;
``(13) recruit and train mentors for adolescents with Fetal
Alcohol Syndrome and other prenatal alcohol-related
disorders;
``(14) provide educational and supportive services to
families of individuals with Fetal Alcohol Spectrum
Disorders; and''.
SEC. 6. PREVENTION, INTERVENTION, AND SERVICES IN THE
EDUCATION SYSTEM.
The Secretary of Education shall direct the Office of
Special Education and Rehabilitative Services to--
(1) implement screening procedures and conduct training on
a nationwide Fetal Alcohol Spectrum Disorders surveillance
campaign for the educational system in collaboration with the
efforts of the National Center on Birth Defects and
Developmental Disabilities under section 399H(b) of the
Public Health Service Act (as added by this Act);
(2) introduce curricula previously developed by the
National Center on Birth Defects and Developmental
Disabilities and the Substance Abuse and Mental Health
Services Administration on how to most effectively educate
and support children with Fetal Alcohol Spectrum Disorders in
both special education and traditional education settings,
and investigate incorporating information about the
identification, prevention, and treatment of the Disorders
into teachers' credentialing requirements;
(3) integrate any special techniques on how to deal with
Fetal Alcohol Spectrum Disorders children into parent-teacher
or parent-administrator interactions, including after-school
programs, special school services, and family aid programs;
(4) collaborate with other Federal agencies to introduce a
standardized educational unit within schools' existing sexual
and health education curricula, or create one if needed, on
the deleterious effects of prenatal alcohol exposure; and
(5) organize a peer advisory network of adolescents in
schools to discourage the use of alcohol while pregnant or
considering getting pregnant.
SEC. 7. PREVENTION, INTERVENTION, AND SERVICES IN THE JUSTICE
SYSTEM.
The Attorney General shall direct the Office of Juvenile
Justice and Delinquency Prevention to--
(1) implement screening procedures and conduct training on
a nationwide Fetal Alcohol Spectrum Disorders surveillance
campaign for the justice system in collaboration with the
efforts of the National Center on Birth Defects and
Developmental Disabilities under section 399H(b) of the
Public Health Service Act (as added by this Act);
(2) introduce training curricula, in collaboration with the
National Center on Birth Defects and Developmental
Disabilities and the Substance Abuse and Mental Health
Services Administration, on how to most effectively identify
and interact with individuals with Fetal Alcohol Spectrum
Disorders in both the juvenile and adult justice systems, and
investigate incorporating information about the
identification, prevention, and treatment of the disorders
into justice professionals' credentialing requirements;
(3) promote the tracking of individuals entering the
juvenile justice system with at-risk backgrounds that
indicates them as high probability for having a Fetal Alcohol
Spectrum Disorder, especially those individuals whose mothers
have a high record of drinking during pregnancy as reported
by the appropriate child protection agency;
[[Page S10193]]
(4) educate judges, attorneys, child advocates, law
enforcement officers, prison wardens, alternative
incarceration administrators, and incarceration officials on
how to treat and support individuals suffering from Fetal
Alcohol Spectrum Disorders within the criminal justice
system, including--
(A) programs designed specifically for the identification,
treatment, and education of such children; and
(B) curricula development and credentialing of teachers,
administrators, and social workers who implement such
programs;
(5) conduct a study on the inadequacies of how the current
system processes children with certain developmental delays
and subsequently develop alternative methods of incarceration
and treatment that are more effective for youth offenders
identified to have a Fetal Alcohol Spectrum Disorder; and
(6) develop transition programs for individuals with Fetal
Alcohol Spectrum Disorders who are released from
incarceration.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Authorization of Appropriations.--Section 399J of the
Public Health Service Act (42 U.S.C. 280f-2) is amended by
striking ``the part'' and all that follows through the period
and inserting ``subsections (h) through (k) of section 399H,
$27,000,000 for each of fiscal years 2006 through 2010''.
(b) Repeal of Sunset.--Section 399K of the Public Health
Service Act (42 U.S.C. 280f-3) is repealed.
Mr. JOHNSON. Mr. President, today I join Senators Dodd, Durbin,
Coleman, Murkowski, and Murray to introduce the ``Advancing FASD
Research, Prevention, and Services Act of 2005.'' I thank them for
joining me in introducing this legislation that will improve the
surveillance, identification, and prevention of Fetal Alcohol Syndrome
Disorders or FASD.
FASD affects 1 in 100 live births or as many as 40,000 infants each
year. This illness affects more people than those impacted by spina
bifida, down syndrome, and cerebral palsy combined. In my home State of
South Dakota, approximately 31,777 individuals are suspected of having
FASD. This statistic is alarming and it is for these reasons why I
believe that this bill is so critical in helping fight this disease.
During the course of my career, I have met and worked with people
whose lives have been deeply affected by this preventable illness. For
a person affected by FASD, there can be numerous medical, physical,
educational, and financial implications, such as severe learning
disabilities, physical abnormalities, costly medical bills, and
behavioral impairments.
According to the University of South Dakota School of Medicine and
Health Sciences Center for Disabilities, the lifetime cost for an
individual with FASD is over $2 million, and the special educational
costs for South Dakota children with FASD can range from $3,781 to
$17,056 per year. Additionally, over 60 percent of the individuals in
South Dakota who have been diagnosed with FASD lived within a foster
care home for some part of their lives. While the foster care parent
cares and loves a child, the child will never really know the stability
of a permanent family.
Furthermore, it is estimated that 60 percent of individuals with FASD
will end up in a correctional or mental institution at some point in
their lives. Most individuals with FASD will commit their first crime
between the ages of 9 and 14, costing the state of South Dakota close
to $165.04 per day to house a juvenile offender with FASD, the total
amount of all children with FASD in the South Dakota juvenile justice
system and special education program is $3,810,240.
These unfortunate statistics compel me to join with my colleagues to
introduce this bill today. While we have increased awareness about the
dangers of consuming alcohol during pregnancy, there is much more that
needs to be done to reach the goal of elimination of FASD in this
Nation.
In my home State of South Dakota, we've had great successes in
working on this issue. With the leadership of the health professionals
at the USD Center for Disabilities, the Black Hills State University
Western Center of Fetal Alcohol Syndrome, parents, and teachers, among
countless others, we have been able to make some important advancements
in addressing FASD. This legislation will bolster those efforts and
those of many others across the country that are working hard to
prevent FASD and support the children and families who are living with
its consequences.
This bill would provide much needed support in the areas of research
and prevention. This legislation would require the National Institutes
of Health to develop a research agenda for FASD including research
related to identifying the mechanisms that produce the cognitive and
behavioral problems associated with fetal alcohol exposure, and
identifying biological markers that indicate fetal alcohol exposure.
This bill would also make available Federal grants to community
health centers to implement and evaluate programs to increase awareness
and identification of FASD in those settings. Participating health
centers would be able to make available training to health care
providers on identifying and educating women who are at risk for
alcohol consumption during pregnancy and also provide training to
health care providers on screening children for FASD, among other
things.
Another provision in this bill creates public awareness and education
campaigns in at-risk. areas, in order to further the prevention of this
disease. This bill would authorize the development and broadcast of
national public service announcements to raise public awareness of the
risks associated with alcohol consumption during pregnancy.
Again, I am pleased to be introducing this bill. I would also like to
take a moment to thank Senator Daschle for his leadership on FASD. His
long commitment to combating this illness is ever present in South
Dakota and for those who continue to work with those battling FASD
every day. Without his hard work and dedication, we would not be as far
today in preventing FASD as we are.
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