Authorizing Legislation: Public Health Service Act

42 USC 247b-4
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER II - GENERAL POWERS AND DUTIES
Part B - Federal-State Cooperation
§ 247b–4. National Center on Birth Defects and Developmental Disabilities
(a) In general
(1) National Center
There is established within the Centers for Disease Control and Prevention a center to be known
as the National Center on Birth Defects and Developmental Disabilities (referred to in this section
as the “Center”), which shall be headed by a director appointed by the Director of the Centers for
Disease Control and Prevention.
(2) General duties
The Secretary shall carry out programs—
(A) to collect, analyze, and make available data on birth defects, developmental disabilities,
and disabilities and health (in a manner that facilitates compliance with subsection (c)(2) of
this section), including data on the causes of such defects and disabilities and on the incidence
and prevalence of such defects and disabilities;
(B) to operate regional centers for the conduct of applied epidemiological research on the
prevention of such defects and disabilities;
(C) to provide information and education to the public on the prevention of such defects and
disabilities;
(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.
(3) Folic acid
The Secretary shall carry out section 247b–11 of this title through the Center.
(4) Certain programs
(A) Transfers
All programs and functions described in subparagraph (B) are transferred to the Center,
effective upon the expiration of the 180-day period beginning on October 17, 2000.
(B) Relevant programs
The programs and functions described in this subparagraph are all programs and functions
that—
(i) relate to birth defects; folic acid; cerebral palsy; intellectual disabilities; child
development; newborn screening; autism; fragile X syndrome; fetal alcohol syndrome;
pediatric genetic disorders; disability prevention; or other relevant diseases, disorders, or
conditions as determined 1 the Secretary; and
(ii) were carried out through the National Center for Environmental Health as of the day
before October 17, 2000.
(C) Related transfers
Personnel employed in connection with the programs and functions specified in subparagraph
(B), and amounts available for carrying out the programs and functions, are transferred to
the Center, effective upon the expiration of the 180-day period beginning on October 17,
2000. Such transfer of amounts does not affect the period of availability of the amounts, or
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42 USC 247b-4
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

the availability of the amounts with respect to the purposes for which the amounts may be
expended.
(b) 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.
(c) 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, 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;
(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,
developmental disabilities, and secondary health conditions among individuals with disabilities
have been effective;
(4) describes the activities carried out under this section;
(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
(7) contains any recommendations of the Secretary regarding this section.
(d) Applicability of privacy laws

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42 USC 247b-4
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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.
(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 December 3, 2003.
(f) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may
be necessary for each of fiscal years 2003 through 2007.

Footnotes
1 So in original. Probably should be followed by the word “by”.

(July 1, 1944, ch. 373, title III, § 317C, as added Pub. L. 102–531, title III, § 306(a), Oct. 27, 1992, 106
Stat. 3494; amended Pub. L. 103–43, title XX, § 2008(i)(1)(B)(iii), June 10, 1993, 107 Stat. 213; Pub. L.
105–168, § 2, Apr. 21, 1998, 112 Stat. 43; Pub. L. 106–310, div. A, title VI, § 611, Oct. 17, 2000, 114
Stat. 1119; Pub. L. 108–154, § 2, Dec. 3, 2003, 117 Stat. 1933; Pub. L. 111–256, § 2(f)(1), Oct. 5, 2010,
124 Stat. 2644.)
Amendments
2010—Subsec. (a)(4)(B)(i). Pub. L. 111–256 substituted “intellectual disabilities;” for “mental retardation;”.
2003—Subsec. (a)(2)(A). Pub. L. 108–154, § 2(1)(A), substituted “, developmental disabilities, and disabilities and
health” for “and developmental disabilities” and “subsection (c)(2)” for “subsection (d)(2)”.
Subsec. (a)(2)(D), (E). Pub. L. 108–154, § 2(1)(B)–(D), added subpars. (D) and (E).
Subsecs. (b), (c). Pub. L. 108–154, § 2(2),(4), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck
out former subsec. (b) which related to additional provisions regarding collection of data.
Subsec. (d). Pub. L. 108–154, § 2(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (d)(1). Pub. L. 108–154, § 2(3)(A), added par. (1) and struck out former par. (1) which read as follows:
“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;”.
Subsec. (d)(3). Pub. L. 108–154, § 2(3)(B), inserted “, developmental disabilities, and secondary health conditions
among individuals with disabilities” after “defects”.
Subsec. (d)(5) to (7). Pub. L. 108–154, § 2(3)(C)–(E), added pars. (5) and (6) and redesignated former par. (5) as (7).
Subsec. (e). Pub. L. 108–154, § 2(5), added subsec. (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 108–154, § 2(6) substituted “such sums as may be necessary for each of fiscal years 2003 through
2007.” for “$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.”
2000—Pub. L. 106–310, § 611(1), substituted “National Center on Birth Defects and Developmental Disabilities” for
“Programs regarding birth defects” in section catchline.
Subsec. (a). Pub. L. 106–310, § 611(2), added subsec. (a) and struck out heading and text of former subsec. (a) relating
to Secretary’s responsibility, acting through the Centers for Disease Control and Prevention, to carry out programs
regarding birth defects.
Subsec. (b)(1). Pub. L. 106–310, § 611(3), substituted “subsection (a)(2)(A) of this section” for “subsection (a)(1) of
this section” in introductory provisions.
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

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42 USC 247b-4
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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, § 306(a), which enacted
this section.

Change of Name
Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred
to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and
Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Congressional Findings
Pub. L. 105–168, § 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.”

Definitions
For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions
amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400
of Title 20, Education.

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