[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

[[Page S10191]]

     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.
                                 ______