To revise and extend the Birth Defects Prevention Act of 1998.

January 28, 2003

Mr. FERGUSON (for himself, Mr. DINGELL, Mr. BROWN of Ohio, and Mr. STUPAK) introduced the following bill; which was referred to the Committee on Energy and Commerce

To revise and extend the Birth Defects Prevention Act of 1998.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Birth Defects and Developmental Disabilities Prevention Act of 2003'.

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

Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended--

(1) in subsection (a)(2)--

(A) in subparagraph (A)--

(i) by striking `and developmental disabilities' and inserting `, developmental disabilities, and disabilities and health'; and

(ii) by striking `subsection (d)(2)' and inserting `subsection (c)(2)';

(B) in subparagraph (B), by striking `and' at the end;

(C) in subparagraph (C), by striking the period and inserting a semicolon; and

(D) by adding at the end the following:

`(D) to conduct research on and to promote the prevention of such defects and disabilities, and secondary health conditions among individuals with disabilities; and

`(E) to support a National Spina Bifida Program to prevent and reduce suffering from the Nation's most common permanently disabling birth defect.';

(2) by striking subsection (b);

(3) in subsection (d)--

(A) by striking paragraph (1) and inserting the following:

`(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;';

(B) in paragraph (3), by inserting `, developmental disabilities, and secondary health conditions among individuals with disabilities' after `defects';

(C) in paragraph (4), by striking `and' at the end;

(D) by redesignating paragraph (5) as paragraph (7); and

(E) by inserting after paragraph (4) the following:

`(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities or developmental disabilities, information on the health status of individuals with disabilities, information on any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals;

`(6) contains a summary of recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida; and';

(4) in subsection (e)--

(A) by inserting `, including section 444 of the General Education Provisions Act,' after `privacy of information'; and

(B) by inserting before the period the following: `, except that the Centers for Disease Control and Prevention shall have access to information under section 444(b)(1)(F) of such Act solely for purposes of carrying out subsection (a)(2) of this section and shall otherwise comply with all other requirements of such section 444';

(5) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively;

(6) by inserting after subsection (d) (as so redesignated), the following:

`(e) ADVISORY COMMITTEE- Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities effective on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2003.'; and

(7) in subsection (f), by striking `$30,000,000' and all that follows and inserting `such sums as may be necessary for each of fiscal years 2003 through 2007.'.

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

Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is amended--

(1) in paragraph (3)(A)(ii), by inserting before the period the following: `, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater'; and

(2) in paragraph (4)(A)(ii), by inserting before the period the following: `, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater'.

END