II
119THCONGRESS
1
STSESSION S. 139
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
JANUARY16, 2025
Ms. M
URKOWSKI(for herself, Ms. KLOBUCHAR, Mr. KING, Ms. HIRONO, Mr.
M
ORAN, Ms. BALDWIN, Ms. CANTWELL, and Mr. CRAMER) 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. SUPPORT FOR INDIVIDUALS AND FAMILIES IM-1
PACTED BY FETAL ALCOHOL SPECTRUM DIS-2
ORDER. 3
(a) I
NGENERAL.—Part O of title III of the Public 4
Health Service Act (42 U.S.C. 280f et seq.) is amended— 5
(1) by amending the part heading to read as 6
follows: ‘‘
FETAL ALCOHOL SPECTRUM DIS -7
ORDERS PREVENTION AND SERVICES PRO -8
GRAM’’; 9
(2) in section 399H (42 U.S.C. 280f)— 10
(A) in the section heading, by striking 11
‘‘
ESTABLISHMENT OF FETAL ALCOHOL 12
SYNDROME PREVENTION ’’ and inserting 13
‘‘
FETAL ALCOHOL SPECTRUM DISORDERS 14
PREVENTION , INTERVENTION ,’’; 15
(B) by striking ‘‘Fetal Alcohol Syndrome 16
and Fetal Alcohol Effect’’ each place it appears 17
and inserting ‘‘FASD’’; 18
(C) in subsection (a)— 19
(i) by amending the heading to read 20
as follows: ‘‘I
NGENERAL’’; 21
(ii) in the matter preceding paragraph 22
(1)— 23
(I) by inserting ‘‘or continue ac-24
tivities to support’’ after ‘‘shall estab-25
lish’’; 26
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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 appropriate evi-12
dence-based or evidence-informed 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 a case defini-23
tion for FASD and, in collaboration with other Fed-24
eral and outside partners, supporting organizations 25
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of appropriate medical and mental health profes-1
sionals in their development and refinement of evi-2
dence-based clinical diagnostic guidelines and cri-3
teria for all FASD; and 4
‘‘(4) building State and Tribal capacity for the 5
identification, treatment, and support of individuals 6
with FASD and their families, which may include— 7
‘‘(A) utilizing and adapting existing Fed-8
eral, State, or Tribal programs to include 9
FASD identification and FASD-informed sup-10
port; 11
‘‘(B) developing and expanding screening 12
and diagnostic capacity for FASD; 13
‘‘(C) developing, implementing, and evalu-14
ating targeted FASD-informed intervention 15
programs for FASD; 16
‘‘(D) increasing awareness of FASD; 17
‘‘(E) providing training with respect to 18
FASD for professionals across relevant sectors; 19
and 20
‘‘(F) disseminating information about 21
FASD and support services to affected individ-22
uals and their families.’’; 23
(D) in subsection (b)— 24
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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 section. 20
‘‘(3) A
DDITIONAL APPLICATION CONTENTS .— 21
The Secretary may require that an eligible entity in-22
clude in the application submitted under paragraph 23
(2)(B)— 24
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‘‘(A) a designation of an individual to 1
serve as a FASD State or Tribal coordinator of 2
activities such eligible entity proposes to carry 3
out through a grant, cooperative agreement, or 4
contract under this section; and 5
‘‘(B) a description of an advisory com-6
mittee the entity will establish to provide guid-7
ance for the entity on developing and imple-8
menting a statewide or Tribal strategic plan to 9
prevent FASD and provide for the identifica-10
tion, treatment, and support of individuals with 11
FASD and their families.’’; and 12
(E) by striking subsections (c) and (d); 13
and 14
(F) by adding at the end the following: 15
‘‘(c) D
EFINITION OFFASD-INFORMED.—For pur-16
poses of this section, the term ‘FASD-informed’, with re-17
spect to support or an intervention program, means that 18
such support or intervention program uses culturally and 19
linguistically informed evidence-based or practice-based 20
interventions and appropriate societal supports to support 21
an improved quality of life for an individual with FASD 22
and the family of such individual.’’; and 23
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(3) by striking sections 399I, 399J, and 399K 1
(42 U.S.C. 280f–1, 280f–2, 280f–3) and inserting 2
the following: 3
‘‘SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CEN-4
TERS FOR EXCELLENCE. 5
‘‘(a) I
NGENERAL.—The Secretary shall, as appro-6
priate, award grants, cooperative agreements, or contracts 7
to public or nonprofit private entities with demonstrated 8
expertise in the prevention of, identification of, and inter-9
vention services with respect to, fetal alcohol spectrum dis-10
orders (referred to in this section as ‘FASD’) and other 11
related adverse conditions. Such awards shall be for the 12
purposes of establishing Fetal Alcohol Spectrum Disorders 13
Centers for Excellence to build local, Tribal, State, and 14
nationwide capacities to prevent the occurrence of FASD 15
and other related adverse conditions, and to respond to 16
the needs of individuals with FASD and their families by 17
carrying out the programs described in subsection (b). 18
‘‘(b) P
ROGRAMS.—An entity receiving an award 19
under subsection (a) may use such award for the following 20
purposes: 21
‘‘(1) Initiating or expanding diagnostic capacity 22
for FASD by increasing screening, assessment, iden-23
tification, and diagnosis. 24
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‘‘(2) Developing and supporting public aware-1
ness and outreach activities, including the use of a 2
range of media and public outreach, to raise public 3
awareness of the risks associated with alcohol con-4
sumption during pregnancy, with the goals of reduc-5
ing the prevalence of FASD and improving the de-6
velopmental, health (including mental health), and 7
educational outcomes of individuals with FASD and 8
supporting families caring for individuals with 9
FASD. 10
‘‘(3) Acting as a clearinghouse for evidence- 11
based resources on FASD prevention, identification, 12
and culturally and linguistically appropriate best 13
practices, including the maintenance of a national 14
data-based directory on FASD-specific services in 15
States, Indian Tribes, and local communities, and 16
disseminating ongoing research and developing re-17
sources on FASD to help inform systems of care for 18
individuals with FASD across their lifespan. 19
‘‘(4) Increasing awareness and understanding 20
of efficacious, evidence-based screening tools and 21
culturally and linguistically appropriate evidence- 22
based intervention services and best practices, which 23
may include by conducting nationwide, regional, 24
State, Tribal, or peer cross-State webinars, work-25
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shops, or conferences for training community lead-1
ers, medical and mental health and substance use 2
disorder professionals, education and disability pro-3
fessionals, families, law enforcement personnel, 4
judges, individuals working in financial assistance 5
programs, social service personnel, child welfare pro-6
fessionals, and other service providers. 7
‘‘(5) Improving capacity for State, Tribal, and 8
local affiliates dedicated to FASD awareness, pre-9
vention, and identification and family and individual 10
support programs and services. 11
‘‘(6) Providing technical assistance to recipients 12
of grants, cooperative agreements, or contracts 13
under section 399H, as appropriate. 14
‘‘(7) Carrying out other functions, as appro-15
priate. 16
‘‘(c) A
PPLICATION.—To be eligible for a grant, con-17
tract, or cooperative agreement under this section, an enti-18
ty shall submit to the Secretary an application at such 19
time, in such manner, and containing such information as 20
the Secretary may require. 21
‘‘(d) S
UBCONTRACTING.—A public or private non-22
profit entity may carry out the following activities required 23
under this section through contracts or cooperative agree-24
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ments with other public and private nonprofit entities with 1
demonstrated expertise in FASD: 2
‘‘(1) Prevention activities. 3
‘‘(2) Screening and identification. 4
‘‘(3) Resource development and dissemination, 5
training and technical assistance, administration, 6
and support of FASD partner networks. 7
‘‘(4) Intervention and treatment services. 8
‘‘SEC. 399J. AUTHORIZATION OF APPROPRIATIONS. 9
‘‘There are authorized to be appropriated to carry out 10
this part such sums as may be necessary for each of fiscal 11
years 2025 through 2029.’’. 12
(b) R
EPORT.—Not later than 4 years after the date 13
of enactment of this Act, the Secretary of Health and 14
Human Services shall submit to the Committee on Health, 15
Education, Labor, and Pensions of the Senate and the 16
Committee on Energy and Commerce of the House of 17
Representatives a report on the efforts of the Department 18
of Health and Human Services to advance public aware-19
ness of, and facilitate the identification of best practices 20
related to, fetal alcohol spectrum disorders identification, 21
prevention, treatment, and support. 22
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(c) TECHNICALAMENDMENT.—Section 519D of the 1
Public Health Service Act (42 U.S.C. 290bb–25d) is re-2
pealed. 3
Æ
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