
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 502(4)(A)]
[Document affected by Public Law 106-310 Section 502(4)(B)]
[CITE: 42USC280f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
     Part O--Fetal Alcohol Syndrome Prevention and Services Program
 
Sec. 280f. Establishment of Fetal Alcohol Syndrome prevention 
        and services program
        

(a) Fetal Alcohol Syndrome prevention, intervention and services 
        delivery program

    The Secretary shall establish a comprehensive Fetal Alcohol Syndrome 
and Fetal Alcohol Effect prevention, intervention and services delivery 
program that shall include--
        (1) an education and public awareness program to support, 
    conduct, and evaluate the effectiveness of--
            (A) educational programs targeting medical schools, social 
        and other supportive services, educators and counselors and 
        other service providers in all phases of childhood development, 
        and other relevant service providers, concerning the prevention, 
        identification, and provision of services for children, 
        adolescents and adults with Fetal Alcohol Syndrome and Fetal 
        Alcohol Effect;
            (B) strategies to educate school-age children, including 
        pregnant and high risk youth, concerning Fetal Alcohol Syndrome 
        and Fetal Alcohol Effect;
            (C) public and community awareness programs concerning Fetal 
        Alcohol Syndrome and Fetal Alcohol Effect; and
            (D) strategies to coordinate information and services across 
        affected community agencies, including agencies providing social 
        services such as foster care, adoption, and social work, medical 
        and mental health services, and agencies involved in education, 
        vocational training and civil and criminal justice;

        (2) a prevention and diagnosis program to support clinical 
    studies, demonstrations and other research as appropriate to--
            (A) develop appropriate medical diagnostic methods for 
        identifying Fetal Alcohol Syndrome and Fetal Alcohol Effect; and
            (B) develop effective prevention services and interventions 
        for pregnant, alcohol-dependent women; and

        (3) an applied research program concerning intervention and 
    prevention to support and conduct service demonstration projects, 
    clinical studies and other research models providing advocacy, 
    educational and vocational training, counseling, medical and mental 
    health, and other supportive services, as well as models that 
    integrate and coordinate such services, that are aimed at the unique 
    challenges facing individuals with Fetal Alcohol Syndrome or Fetal 
    Alcohol Effect and their families.

(b) Grants and technical assistance

    The Secretary may award grants, cooperative agreements and contracts 
and provide technical assistance to eligible entities described in 
section 280f-1 of this title to carry out subsection (a) of this 
section.

(c) Dissemination of criteria

    In carrying out this section, the Secretary shall develop a 
procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol 
Effect diagnostic criteria developed pursuant to section 705 of the 
ADAMHA Reorganization Act to health care providers, educators, social 
workers, child welfare workers, and other individuals.

(d) National Task Force

                           (1) In general

        The Secretary shall establish a task force to be known as the 
    National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol 
    Effect (referred to in this subsection as the ``Task Force'') to 
    foster coordination among all governmental agencies, academic bodies 
    and community groups that conduct or support Fetal Alcohol Syndrome 
    and Fetal Alcohol Effect research, programs, and surveillance, and 
    otherwise meet the general needs of populations actually or 
    potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol 
    Effect.

                           (2) Membership

        The Task Force established pursuant to paragraph (1) shall--
            (A) be chaired by an individual to be appointed by the 
        Secretary and staffed by the Administration; and
            (B) include the Chairperson of the Interagency Coordinating 
        Committee on Fetal Alcohol Syndrome of the Department of Health 
        and Human Services, individuals with Fetal Alcohol Syndrome and 
        Fetal Alcohol Effect, and representatives from advocacy and 
        research organizations such as the Research Society on 
        Alcoholism, the FAS Family Resource Institute, the National 
        Organization of Fetal Alcohol Syndrome, the Arc, the academic 
        community, and Federal, State and local government agencies and 
        offices.

                            (3) Functions

        The Task Force shall--
            (A) advise Federal, State and local programs and research 
        concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect, 
        including programs and research concerning education and public 
        awareness for relevant service providers, school-age children, 
        women at-risk, and the general public, medical diagnosis, 
        interventions for women at-risk of giving birth to children with 
        Fetal Alcohol Syndrome and Fetal Alcohol Effect, and beneficial 
        services for individuals with Fetal Alcohol Syndrome and Fetal 
        Alcohol Effect and their families;
            (B) coordinate its efforts with the Interagency Coordinating 
        Committee on Fetal Alcohol Syndrome of the Department of Health 
        and Human Services; and
            (C) report on a biennial basis to the Secretary and relevant 
        committees of Congress on the current and planned activities of 
        the participating agencies.

                      (4) Time for appointment

        The members of the Task Force shall be appointed by the 
    Secretary not later than 6 months after November 13, 1998.

(July 1, 1944, ch. 373, title III, Sec. 399G, as added Pub. L. 105-392, 
title IV, Sec. 419(d), Nov. 13, 1998, 112 Stat. 3593.)

                       References in Text

    Section 705 of the ADAMHA Reorganization Act, referred to in subsec. 
(c), is section 705 of Pub. L. 102-321, title VII, July 10, 1992, 106 
Stat. 438, which was formerly set out as a note under section 285n of 
this title.


                   Congressional Findings and Purpose

    Pub. L. 105-392, title IV, Sec. 419(b), (c), Nov. 13, 1998, 112 
Stat. 3591, 3592, provided that:
    ``(b) Findings.--Congress finds that--
        ``(1) Fetal Alcohol Syndrome is the leading preventable cause of 
    mental retardation, and it is 100 percent preventable;
        ``(2) estimates on the number of children each year vary, but 
    according to some researchers, up to 12,000 infants are born in the 
    United States with Fetal Alcohol Syndrome, suffering irreversible 
    physical and mental damage;
        ``(3) thousands more infants are born each year with Fetal 
    Alcohol Effect, also known as Alcohol Related Neurobehavioral 
    Disorder (ARND), a related and equally tragic syndrome;
        ``(4) children of women who use alcohol while pregnant have a 
    significantly higher infant mortality rate (13.3 per 1,000) than 
    children of those women who do not use alcohol (8.6 per 1,000);
        ``(5) Fetal Alcohol Syndrome and Fetal Alcohol Effect are 
    national problems which can impact any child, family, or community, 
    but their threat to American Indians and Alaska Natives is 
    especially alarming;
        ``(6) in some American Indian communities, where alcohol 
    dependency rates reach 50 percent and above, the chances of a 
    newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effect are 
    up to 30 times greater than national averages;
        ``(7) in addition to the immeasurable toll on children and their 
    families, Fetal Alcohol Syndrome and Fetal Alcohol Effect pose 
    extraordinary financial costs to the Nation, including the costs of 
    health care, education, foster care, job training, and general 
    support services for affected individuals;
        ``(8) the total cost to the economy of Fetal Alcohol Syndrome 
    was approximately $2,500,000,000 in 1995, and over a lifetime, 
    health care costs for one Fetal Alcohol Syndrome child are estimated 
    to be at least $1,400,000;
        ``(9) researchers have determined that the possibility of giving 
    birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effect 
    increases in proportion to the amount and frequency of alcohol 
    consumed by a pregnant woman, and that stopping alcohol consumption 
    at any point in the pregnancy reduces the emotional, physical, and 
    mental consequences of alcohol exposure to the baby; and
        ``(10) though approximately 1 out of every 5 pregnant women 
    drink alcohol during their pregnancy, we know of no safe dose of 
    alcohol during pregnancy, or of any safe time to drink during 
    pregnancy, thus, it is in the best interest of the Nation for the 
    Federal Government to take an active role in encouraging all women 
    to abstain from alcohol consumption during pregnancy.
    ``(c) Purpose.--It is the purpose of this section to establish, 
within the Department of Health and Human Services, a comprehensive 
program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effect 
nationwide and to provide effective intervention programs and services 
for children, adolescents and adults already affected by these 
conditions. Such program shall--
        ``(1) coordinate, support, and conduct national, State, and 
    community-based public awareness, prevention, and education programs 
    on Fetal Alcohol Syndrome and Fetal Alcohol Effect;
        ``(2) coordinate, support, and conduct prevention and 
    intervention studies as well as epidemiologic research concerning 
    Fetal Alcohol Syndrome and Fetal Alcohol Effect;
        ``(3) coordinate, support and conduct research and demonstration 
    projects to develop effective developmental and behavioral 
    interventions and programs that foster effective advocacy, 
    educational and vocational training, appropriate therapies, 
    counseling, medical and mental health, and other supportive 
    services, as well as models that integrate or coordinate such 
    services, aimed at the unique challenges facing individuals with 
    Fetal Alcohol Syndrome or Fetal Alcohol Effect and their families; 
    and
        ``(4) foster coordination among all Federal, State and local 
    agencies, and promote partnerships between research institutions and 
    communities that conduct or support Fetal Alcohol Syndrome and Fetal 
    Alcohol Effect research, programs, surveillance, prevention, and 
    interventions and otherwise meet the general needs of populations 
    already affected or at risk of being impacted by Fetal Alcohol 
    Syndrome and Fetal Alcohol Effect.''

                  Section Referred to in Other Sections

    This section is referred to in sections 280f-2, 280f-3 of this 
title.
