II
118THCONGRESS
1
STSESSION S. 1800
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
JUNE1, 2023
Ms. M
URKOWSKI(for herself, Ms. KLOBUCHAR, Mr. MORAN, and Mr. KING)
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Advancing FASD Re-4
search, Services and Prevention Act’’ or the ‘‘FASD Re-5
spect Act’’. 6
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SEC. 2. HHS PROGRAM ON FETAL ALCOHOL SPECTRUM 1
DISORDERS. 2
(a) I
NGENERAL.—Part O of title III of the Public 3
Health Service Act (42 U.S.C. 280f et seq.) is amended— 4
(1) by amending the part heading to read as 5
follows: ‘‘
FETAL ALCOHOL SPECTRUM DIS -6
ORDERS PREVENTION AND SERVICES PRO -7
GRAM’’; 8
(2) in section 399H (42 U.S.C. 280f)— 9
(A) in the section heading, by striking 10
‘‘
ESTABLISHMENT OF FETAL ALCOHOL 11
SYNDROME PREVENTION ’’ and inserting 12
‘‘
FETAL ALCOHOL SPECTRUM DISORDERS 13
PREVENTION , INTERVENTION ,’’; 14
(B) by striking ‘‘Fetal Alcohol Syndrome 15
and Fetal Alcohol Effect’’ each place it appears 16
and inserting ‘‘FASD’’; 17
(C) in subsection (a)— 18
(i) by amending the heading to read 19
as follows: ‘‘I
NGENERAL’’; 20
(ii) in the matter preceding paragraph 21
(1)— 22
(I) by inserting ‘‘or continue ac-23
tivities to support’’ after ‘‘shall estab-24
lish’’; 25
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(II) by striking ‘‘FASD’’ (as 1
amended by subparagraph (B)) and 2
inserting ‘‘fetal alcohol spectrum dis-3
orders (referred to in this section as 4
‘FASD’)’’; 5
(III) by striking ‘‘prevention, 6
intervention’’ and inserting ‘‘aware-7
ness, prevention, identification, inter-8
vention,’’; and 9
(IV) by striking ‘‘that shall’’ and 10
inserting ‘‘, which may’’; 11
(iii) in paragraph (1)— 12
(I) in subparagraph (A)— 13
(aa) by striking ‘‘medical 14
schools’’ and inserting ‘‘health 15
professions schools’’; and 16
(bb) by inserting ‘‘infants,’’ 17
after ‘‘provision of services for’’; 18
and 19
(II) in subparagraph (D), by 20
striking ‘‘medical and mental’’ and in-21
serting ‘‘agencies providing’’; 22
(iv) in paragraph (2)— 23
(I) in the matter preceding sub-24
paragraph (A), by striking ‘‘a preven-25
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tion and diagnosis program to support 1
clinical studies, demonstrations and 2
other research as appropriate’’ and in-3
serting ‘‘supporting and conducting 4
research on FASD, as appropriate, in-5
cluding’’; 6
(II) in subparagraph (B)— 7
(aa) by striking ‘‘prevention 8
services and interventions for 9
pregnant, alcohol-dependent 10
women’’ and inserting ‘‘culturally 11
and linguistically informed evi-12
dence-based or practice-based 13
interventions and appropriate so-14
cietal supports for preventing 15
prenatal alcohol exposure, which 16
may co-occur with exposure to 17
other substances’’; and 18
(bb) by striking ‘‘; and’’ and 19
inserting a semicolon; 20
(v) by striking paragraph (3) and in-21
serting the following: 22
‘‘(3) integrating into surveillance practice an 23
evidence-based standard case definition for fetal al-24
cohol syndrome and, in collaboration with other Fed-25
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eral and outside partners, support organizations of 1
appropriate medical and mental health professionals 2
in their development and refinement of evidence- 3
based clinical diagnostic guidelines and criteria for 4
all fetal alcohol spectrum disorders; and 5
‘‘(4) building State and Tribal capacity for the 6
identification, treatment, and support of individuals 7
with FASD and their families, which may include— 8
‘‘(A) utilizing and adapting existing Fed-9
eral, State, or Tribal programs to include 10
FASD identification and FASD-informed sup-11
port; 12
‘‘(B) developing and expanding screening 13
and diagnostic capacity for FASD; 14
‘‘(C) developing, implementing, and evalu-15
ating targeted FASD-informed intervention 16
programs for FASD; 17
‘‘(D) increasing awareness of FASD; 18
‘‘(E) providing training with respect to 19
FASD for professionals across relevant sectors; 20
and 21
‘‘(F) disseminating information about 22
FASD and support services to affected individ-23
uals and their families.’’; 24
(D) in subsection (b)— 25
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(i) by striking ‘‘described in section 1
399I’’; 2
(ii) by striking ‘‘The Secretary’’ and 3
inserting the following: 4
‘‘(1) I
N GENERAL.—The Secretary’’; and 5
(iii) by adding at the end the fol-6
lowing: 7
‘‘(2) E
LIGIBLE ENTITIES.—To be eligible to re-8
ceive a grant, or enter into a cooperative agreement 9
or contract, under this section, an entity shall— 10
‘‘(A) be a State, Indian Tribe or Tribal or-11
ganization, local government, scientific or aca-12
demic institution, or nonprofit organization; 13
and 14
‘‘(B) prepare and submit to the Secretary 15
an application at such time, in such manner, 16
and containing such information as the Sec-17
retary may require, including a description of 18
the activities that the entity intends to carry 19
out using amounts received under this sec-20
tion.’’; and 21
(E) by striking subsections (c) and (d); 22
and 23
(F) by adding at the end the following: 24
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‘‘(c) DEFINITION OFFASD-INFORMED.—For pur-1
poses of this section, the term ‘FASD-informed’, with re-2
spect to support or an intervention program, means that 3
such support or intervention program uses culturally and 4
linguistically informed evidence-based or practice-based 5
interventions and appropriate societal supports to support 6
an improved quality of life for an individual with FASD 7
and the family of such individual.’’; 8
(3) by striking sections 399I, 399J, and 399K 9
(42 U.S.C. 280f–1, 280f–2, 280f–3) and inserting 10
the following: 11
‘‘SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CEN-12
TERS FOR EXCELLENCE. 13
‘‘(a) I
NGENERAL.—The Secretary shall, as appro-14
priate, award grants, cooperative agreements, or contracts 15
to public or nonprofit entities with demonstrated expertise 16
in the prevention of, identification of, and intervention 17
services with respect to, fetal alcohol spectrum disorders 18
(referred to in this section as ‘FASD’) and other related 19
adverse conditions. Such awards shall be for the purposes 20
of establishing Fetal Alcohol Spectrum Disorders Centers 21
for Excellence to build local, Tribal, State, and national 22
capacities to prevent the occurrence of FASD and other 23
related adverse conditions, and to respond to the needs 24
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of individuals with FASD and their families by carrying 1
out the programs described in subsection (b). 2
‘‘(b) P
ROGRAMS.—An entity receiving an award 3
under subsection (a) may use such award for the following 4
purposes: 5
‘‘(1) Initiating or expanding diagnostic capacity 6
for FASD by increasing screening, assessment, iden-7
tification, and diagnosis. 8
‘‘(2) Developing and supporting public aware-9
ness and outreach activities, including the use of a 10
range of media and public outreach, to raise public 11
awareness of the risks associated with alcohol con-12
sumption during pregnancy, with the goals of reduc-13
ing the prevalence of FASD and improving the de-14
velopmental, health (including mental health), and 15
educational outcomes of individuals with FASD and 16
supporting families caring for individuals with 17
FASD. 18
‘‘(3) Acting as a clearinghouse for evidence- 19
based resources on FASD prevention, identification, 20
and culturally and linguistically informed best prac-21
tices, including the maintenance of a national data- 22
based directory on FASD-specific services in States, 23
Indian Tribes, and local communities, and dissemi-24
nating ongoing research and developing resources on 25
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FASD to help inform systems of care for individuals 1
with FASD across their lifespan. 2
‘‘(4) Increasing awareness and understanding 3
of efficacious, evidence-based FASD screening tools 4
and culturally- and linguistically-appropriate evi-5
dence-based intervention services and best practices, 6
which may include by conducting national, regional, 7
State, Tribal, or peer cross-State webinars, work-8
shops, or conferences for training community lead-9
ers, medical and mental health and substance use 10
disorder professionals, education and disability pro-11
fessionals, families, law enforcement personnel, 12
judges, individuals working in financial assistance 13
programs, social service personnel, child welfare pro-14
fessionals, and other service providers. 15
‘‘(5) Improving capacity for State, Tribal, and 16
local affiliates dedicated to FASD awareness, pre-17
vention, and identification and family and individual 18
support programs and services. 19
‘‘(6) Providing technical assistance to grantees 20
under section 399H, as appropriate. 21
‘‘(7) Carrying out other functions, as appro-22
priate. 23
‘‘(c) A
PPLICATION.—To be eligible for a grant, con-24
tract, or cooperative agreement under this section, an enti-25
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ty shall submit to the Secretary an application at such 1
time, in such manner, and containing such information as 2
the Secretary may require. 3
‘‘(d) S
UBCONTRACTING.—A public or private non-4
profit entity may carry out the following activities required 5
under this section through contracts or cooperative agree-6
ments with other public and private nonprofit entities with 7
demonstrated expertise in FASD: 8
‘‘(1) Prevention activities. 9
‘‘(2) Screening and identification. 10
‘‘(3) Resource development and dissemination, 11
training and technical assistance, administration, 12
and support of FASD partner networks. 13
‘‘(4) Intervention services. 14
‘‘SEC. 399J. AUTHORIZATION OF APPROPRIATIONS. 15
‘‘There are authorized to be appropriated to carry out 16
this part such sums as may be necessary for each of fiscal 17
years 2024 through 2028.’’. 18
(b) R
EPORT.—Not later than 4 years after the date 19
of enactment of this Act, the Secretary of Health and 20
Human Services shall submit to the Committee on Health, 21
Education, Labor, and Pensions of the Senate and the 22
Committee on Energy and Commerce of the House of 23
Representatives a report on the efforts of the Department 24
of Health and Human Services to advance public aware-25
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ness on, and facilitate the identification of best practices 1
related to, fetal alcohol spectrum disorders identification, 2
prevention, treatment, and support. 3
Æ
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