
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 611]
[CITE: 42USC247b-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part B--Federal-State Cooperation
 
Sec. 247b-4. Programs regarding birth defects


(a) In general

    The Secretary, acting through the Director of the Centers for 
Disease Control and Prevention, shall carry out programs--
        (1) to collect, analyze, and make available data on birth 
    defects (in a manner that facilitates compliance with subsection 
    (d)(2) of this section), including data on the causes of such 
    defects and on the incidence and prevalence of such defects;
        (2) to operate regional centers for the conduct of applied 
    epidemiological research on the prevention of such defects; and
        (3) to provide information and education to the public on the 
    prevention of such defects.

(b) Additional provisions regarding collection of data

                           (1) In general

        In carrying out subsection (a)(1) of this section, the 
    Secretary--
            (A) shall collect and analyze data by gender and by racial 
        and ethnic group, including Hispanics, non-Hispanic whites, 
        Blacks, Native Americans, Asian Americans, and Pacific 
        Islanders;
            (B) shall collect data under subparagraph (A) from birth 
        certificates, death certificates, hospital records, and such 
        other sources as the Secretary determines to be appropriate; and
            (C) shall encourage States to establish or improve programs 
        for the collection and analysis of epidemiological data on birth 
        defects, and to make the data available.

                     (2) National clearinghouse

        In carrying out subsection (a)(1) of this section, the Secretary 
    shall establish and maintain a National Information Clearinghouse on 
    Birth Defects to collect and disseminate to health professionals and 
    the general public information on birth defects, including the 
    prevention of such defects.

(c) Grants and contracts

                           (1) In general

        In carrying out subsection (a) of this section, the Secretary 
    may make grants to and enter into contracts with public and 
    nonprofit private entities.

          (2) Supplies and services in lieu of award funds

        (A) Upon the request of a recipient of an award of a grant or 
    contract under paragraph (1), the Secretary may, subject to 
    subparagraph (B), provide supplies, equipment, and services for the 
    purpose of aiding the recipient in carrying out the purposes for 
    which the award is made and, for such purposes, may detail to the 
    recipient any officer or employee of the Department of Health and 
    Human Services.
        (B) With respect to a request described in subparagraph (A), the 
    Secretary shall reduce the amount of payments under the award 
    involved by an amount equal to the costs of detailing personnel and 
    the fair market value of any supplies, equipment, or services 
    provided by the Secretary. The Secretary shall, for the payment of 
    expenses incurred in complying with such request, expend the amounts 
    withheld.

                      (3) Application for award

        The Secretary may make an award of a grant or contract under 
    paragraph (1) only if an application for the award is submitted to 
    the Secretary and the application is in such form, is made in such 
    manner, and contains such agreements, assurances, and information as 
    the Secretary determines to be necessary to carry out the purposes 
    for which the award is to be made.

(d) Biennial report

    Not later than February 1 of fiscal year 1999 and of every second 
such year thereafter, the Secretary shall submit to the Committee on 
Commerce of the House of Representatives, and the Committee on Labor and 
Human Resources of the Senate, a report that, with respect to the 
preceding 2 fiscal years--
        (1) contains information regarding the incidence and prevalence 
    of birth defects and the extent to which birth defects have 
    contributed to the incidence and prevalence of infant mortality;
        (2) contains information under paragraph (1) that is specific to 
    various racial and ethnic groups (including Hispanics, non-Hispanic 
    whites, Blacks, Native Americans, and Asian Americans);
        (3) contains an assessment of the extent to which various 
    approaches of preventing birth defects have been effective;
        (4) describes the activities carried out under this section; and
        (5) contains any recommendations of the Secretary regarding this 
    section.

(e) Applicability of privacy laws

    The provisions of this section shall be subject to the requirements 
of section 552a of title 5. All Federal laws relating to the privacy of 
information shall apply to the data and information that is collected 
under this section.

(f) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated $30,000,000 for fiscal year 1999, $40,000,000 for 
fiscal year 2000, and such sums as may be necessary for each of the 
fiscal years 2001 and 2002.

(July 1, 1944, ch. 373, title III, Sec. 317C, as added Pub. L. 102-531, 
title III, Sec. 306(a), Oct. 27, 1992, 106 Stat. 3494; amended Pub. L. 
103-43, title XX, Sec. 2008(i)(1)(B)(iii), June 10, 1993, 107 Stat. 213; 
Pub. L. 105-168, Sec. 2, Apr. 21, 1998, 112 Stat. 43.)


                               Amendments

    1998--Pub. L. 105-168 amended section generally, substituting 
present provisions for provisions which directed Secretary to encourage 
and assist States in collection and analysis of epidemiological data on 
birth defects and to establish and maintain National Information 
Clearinghouse on Birth Defects, required report not later than July 1, 
1993, and biennially thereafter, and authorized appropriations for 
fiscal years 1993, 1994, and 1995.
    1993--Pub. L. 103-43 made technical amendment to directory language 
of Pub. L. 102-531, Sec. 306(a), which enacted this section.


                         Congressional Findings

    Pub. L. 105-168, Sec. 1(b), Apr. 21, 1998, 112 Stat. 43, provided 
that: ``Congress makes the following findings:
        ``(1) Birth defects are the leading cause of infant mortality, 
    directly responsible for one out of every five infant deaths.
        ``(2) Thousands of the 150,000 infants born with a serious birth 
    defect annually face a lifetime of chronic disability and illness.
        ``(3) Birth defects threaten the lives of infants of all racial 
    and ethnic backgrounds. However, some conditions pose excess risks 
    for certain populations. For example, compared to all infants born 
    in the United States, Hispanic-American infants are more likely to 
    be born with anencephaly spina bifida and other neural tube defects 
    and African-American infants are more likely to be born with sickle-
    cell anemia.
        ``(4) Birth defects can be caused by exposure to environmental 
    hazards, adverse health conditions during pregnancy, or genetic 
    mutations. Prevention efforts are slowed by lack of information 
    about the number and causes of birth defects. Outbreaks of birth 
    defects may go undetected because surveillance and research efforts 
    are underdeveloped and poorly coordinated.
        ``(5) Public awareness strategies, such as programs using folic 
    acid vitamin supplements to prevent spina bifida and alcohol 
    avoidance programs to prevent Fetal Alcohol Syndrome, are essential 
    to prevent the heartache and costs associated with birth defects.''
