H.R.5790

            I 

116TH CONGRESS 
2D SESSION H. R. 5790 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2020 
Ms. MCCOLLUM (for herself, Mr. YOUNG, Mr. COLE, Mr. PHILLIPS, Ms. 

OMAR, Ms. CRAIG, and Ms. HAALAND) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 

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, Prevention, and Services Act’’. 5

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•HR 5790 IH

SEC. 2. PROGRAMS FOR FETAL ALCOHOL SPECTRUM DIS-1

ORDERS. 2

(a) IN GENERAL.—Part O of title III of the Public 3

Health Service Act (42 U.S.C. 280f et seq.) is amended 4

by striking section 399H and inserting the following: 5

‘‘SEC. 399H. PROGRAMS FOR FETAL ALCOHOL SPECTRUM 6

DISORDERS. 7

‘‘(a) DEFINITION.—In this part, the terms ‘fetal alco-8

hol spectrum disorders’ and ‘FASD’ mean the range of 9

effects that can occur in an individual who is prenatally 10

exposed to alcohol. Such effects may include physical, 11

mental, behavioral, and learning disabilities, with possible 12

lifelong implications. 13

‘‘(b) RESEARCH ON FETAL ALCOHOL SPECTRUM 14

DISORDERS AND RELATED CONDITIONS.— 15

‘‘(1) IN GENERAL.—The Secretary, acting 16

through the Director of the National Institutes of 17

Health and in coordination with the Interagency Co-18

ordinating Committee on Fetal Alcohol Spectrum 19

Disorders under section 399H–1, shall— 20

‘‘(A) establish a research agenda for 21

FASD; and 22

‘‘(B) award grants, contracts, or coopera-23

tive agreements to public or private nonprofit 24

entities to pay all or part of carrying out re-25

search under such agenda. 26

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‘‘(2) TYPES OF RESEARCH.—In carrying out 1

paragraph (1), the Secretary, acting through the Di-2

rector of the National Institute of Alcohol Abuse and 3

Alcoholism (referred to in this part as the ‘Director 4

of the Institute’), shall continue to conduct and ex-5

pand national and international research in coordi-6

nation with other Federal agencies that includes— 7

‘‘(A) the most promising avenues of re-8

search in FASD diagnosis, intervention, and 9

prevention; 10

‘‘(B) factors that may mitigate the effects 11

of fetal alcohol exposure; and 12

‘‘(C) other research that the Director of 13

the Institute determines to be appropriate with 14

respect to conditions that develop as a result of 15

in-utero substance exposure. 16

‘‘(c) SURVEILLANCE, PUBLIC HEALTH RESEARCH, 17

AND PREVENTION ACTIVITIES.— 18

‘‘(1) IN GENERAL.—The Secretary, acting 19

through the Director of the National Center on 20

Birth Defects and Developmental Disabilities of the 21

Centers for Disease Control and Prevention, shall 22

facilitate surveillance, public health research, and 23

prevention of FASD in accordance with this sub-24

section. 25

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‘‘(2) SURVEILLANCE, PUBLIC HEALTH RE-1

SEARCH, AND PREVENTION.—In carrying out this 2

subsection, the Secretary shall— 3

‘‘(A) integrate into clinical practice the evi-4

dence-based standard case definition for diag-5

nosis of fetal alcohol syndrome and, in collabo-6

ration with the Director of the Institute, the 7

Director of the Centers for Disease Control and 8

Prevention, the Interagency Coordinating Com-9

mittee on Fetal Alcohol Spectrum Disorders es-10

tablished under section 399H–1, researchers, 11

and other experts in the field, develop standard, 12

evidence-based clinical diagnostic guidelines, 13

and criteria for all other fetal alcohol spectrum 14

disorders; 15

‘‘(B) conduct applied public health preven-16

tion research to identify evidence-based strate-17

gies for reducing alcohol-exposed pregnancies in 18

women at high risk for alcohol-exposed preg-19

nancies; 20

‘‘(C) disseminate and provide the necessary 21

training and support to implement evidence- 22

based strategies developed under subparagraph 23

(B) to— 24

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‘‘(i) hospitals, Federally-qualified 1

health centers, residential and outpatient 2

substance use treatment programs, and 3

other appropriate health care providers; 4

‘‘(ii) educational settings; 5

‘‘(iii) social work and child welfare of-6

fices; 7

‘‘(iv) foster care providers and adop-8

tion agencies; 9

‘‘(v) State offices and other agencies 10

providing services to individuals with dis-11

abilities; 12

‘‘(vi) mental health treatment facili-13

ties; and 14

‘‘(vii) other entities that the Secretary 15

determines to be appropriate; 16

‘‘(D) conduct activities related to risk fac-17

tor surveillance, including the biannual moni-18

toring and reporting of alcohol consumption 19

among pregnant women and women of child-20

bearing age; 21

‘‘(E) disseminate and evaluate brief behav-22

ioral intervention strategies and referrals aimed 23

at preventing alcohol-exposed pregnancies 24

among women of childbearing age in special set-25

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tings, including clinical primary health centers, 1

outpatient clinics, child welfare agencies, and 2

correctional facilities and recovery campuses; 3

‘‘(F) disseminate comprehensive alcohol 4

and pregnancy and FASD information, re-5

sources, and services to families and caregivers, 6

professionals, and the public; and 7

‘‘(G) coordinate with affiliated State and 8

local systems and organizations on activities 9

with respect to the prevention of FASD and re-10

lated conditions for pregnant mothers. 11

‘‘(d) BUILDING STATE FASD SYSTEMS.— 12

‘‘(1) IN GENERAL.—The Secretary, acting 13

through the Administrator of the Health Resources 14

and Services Administration, shall award grants, 15

contracts, or cooperative agreements to States for 16

the purpose of developing and implementing a state-17

wide FASD strategic plan, establishing or expanding 18

statewide programs of surveillance, screening and di-19

agnosis, prevention, and clinical intervention and 20

support for individuals with FASD and their fami-21

lies. 22

‘‘(2) ELIGIBILITY.—To be eligible to receive a 23

grant, contract, or cooperative agreement under 24

paragraph (1), a State shall prepare and submit to 25

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the Secretary an application at such time, in such 1

manner, and containing such information as the Sec-2

retary may require. The application shall include— 3

‘‘(A) evidence of the establishment of a 4

State advisory group composed of State agen-5

cies, local governmental entities, and Indian 6

Tribes and Tribal organizations; and 7

‘‘(B) private sector stakeholders whose 8

purpose is to develop a statewide strategic plan 9

and make recommendations for the prevention 10

of FASD, screening and diagnosis, and clinical 11

intervention and support for individuals with 12

FASD and their families. 13

‘‘(3) STRATEGIC PLAN.—The statewide stra-14

tegic plan required under paragraph (1) shall in-15

clude— 16

‘‘(A) identification of existing State and 17

local programs and systems that could be used 18

to identify and assist individuals with FASD, 19

related conditions, and prevent alcohol con-20

sumption during pregnancy; 21

‘‘(B) identification of barriers to access to 22

FASD diagnostic services or to programs to as-23

sist individuals with FASD or women at risk 24

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for substance abuse and alcohol-exposed preg-1

nancies; and 2

‘‘(C) proposals to eliminate barriers to pre-3

vention and treatment programs. 4

‘‘(4) RESTRICTIONS ON AND USE OF FUNDS.— 5

Amounts received under a grant, contract, or cooper-6

ative agreement under paragraph (1) shall be used 7

for one or more of the following activities: 8

‘‘(A) Providing educational and supportive 9

services to families of individuals and families 10

with FASD. 11

‘‘(B) Establishing a statewide surveillance 12

system. 13

‘‘(C) Including FASD education in State, 14

medical, and health care (including mental 15

health care) university programs. 16

‘‘(D) Collecting, analyzing, and inter-17

preting data. 18

‘‘(E) Developing, implementing, and evalu-19

ating population-based and targeted prevention 20

programs for FASD, including public awareness 21

campaigns. 22

‘‘(F) Referring individuals with FASD to 23

appropriate support services. 24

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‘‘(G) Implementing recommendations from 1

relevant agencies and organizations, including 2

the State advisory group, on the identification 3

and prevention of FASD, and intervention pro-4

grams or services for individuals with FASD. 5

‘‘(H) Providing training to health care (in-6

cluding mental health care) providers on the 7

prevention, identification, and treatment of 8

FASD. 9

‘‘(I) Disseminating information about 10

FASD and the availability of support services 11

to families and individuals with FASD. 12

‘‘(J) Other activities, as the Secretary de-13

termines appropriate. 14

‘‘(5) OTHER CONTRACTS AND AGREEMENTS.— 15

A State may carry out activities under paragraph 16

(4) through contracts or cooperative agreements 17

with public and private nonprofit entities with a 18

demonstrated expertise in FASD prevention and 19

intervention services. 20

‘‘(e) PROMOTING COMMUNITY PARTNERSHIPS.— 21

‘‘(1) IN GENERAL.—The Secretary, acting 22

through the Administrator of Health and Resource 23

Services and Administration, shall award grants, 24

contracts, or cooperative agreements to eligible enti-25

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ties to enable such entities to establish, enhance, or 1

improve community partnerships for the purpose of 2

collaborating on common objectives and integrating 3

the services available to individuals with FASD such 4

as surveillance, screening, prevention, treatment, 5

and support services. 6

‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re-7

ceive a grant, contract, or cooperative agreement 8

under paragraph (1), a entity shall— 9

‘‘(A) be a public or private nonprofit enti-10

ty, which may be— 11

‘‘(i) a health care provider or health 12

professional; 13

‘‘(ii) a primary or secondary school; 14

‘‘(iii) a social work or child welfare of-15

fice; 16

‘‘(iv) an incarceration, detainment fa-17

cility, or judicial system for juveniles and 18

adults; 19

‘‘(v) an FASD organization, parent- 20

led group, or other organization that sup-21

ports and advocates for individuals with 22

FASD; 23

‘‘(vi) an Indian Tribe or Tribal orga-24

nization; 25

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11 

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‘‘(vii) an early childhood intervention 1

facility; 2

‘‘(viii) any other entity the Secretary 3

determines to be appropriate; or 4

‘‘(ix) a consortium of any of the enti-5

ties described in clauses (i) through (viii); 6

and 7

‘‘(B) prepare and submit to the Secretary 8

an application at such time, in such manner, 9

and containing such information as the Sec-10

retary may require, including assurances that 11

the entity submitting the application does, at 12

the time of application, or will, within a reason-13

able amount of time from the date of applica-14

tion, include substantive participation of a 15

broad range of entities that work with or pro-16

vide services for individuals with FASD. 17

‘‘(3) ACTIVITIES.—An eligible entity shall use 18

amounts received under a grant, contract, or cooper-19

ative agreement under this subsection to carry out 20

one or more of the following activities: 21

‘‘(A) Integrating FASD services into exist-22

ing programs and services available in the com-23

munity. 24

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‘‘(B) Conducting a needs assessment to 1

identify services that are not available in a com-2

munity. 3

‘‘(C) Developing and implementing com-4

munity-based initiatives to prevent, screen, di-5

agnose, treat, and provide support services to 6

individuals with FASD and their families. 7

‘‘(D) Disseminating information about 8

FASD and the availability of support services. 9

‘‘(E) Developing and implementing a com-10

munity-wide public awareness and outreach 11

campaign focusing on the dangers of drinking 12

alcohol while pregnant. 13

‘‘(F) Providing mentoring or other support 14

to families of individuals with FASD. 15

‘‘(G) Other activities, as the Secretary de-16

termines appropriate. 17

‘‘(f) DEVELOPMENT OF BEST PRACTICES AND MOD-18

ELS OF CARE.— 19

‘‘(1) IN GENERAL.—The Secretary, in coordina-20

tion with the Administrator of Health Resources 21

Services Administration, shall award grants to 22

States, Indian Tribes and Tribal organizations, non-23

governmental organizations, and institutions of high-24

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er education for the establishment of pilot projects 1

to identify and implement best practices for— 2

‘‘(A) providing early childhood intervention 3

or educating children with FASD, including— 4

‘‘(i) activities and programs designed 5

specifically for the identification, treat-6

ment, and education of such children; and 7

‘‘(ii) curricula development and 8

credentialing of teachers, administrators, 9

and social workers who implement such 10

programs and provide early childhood 11

intervention; 12

‘‘(B) educating judges, attorneys, proba-13

tion officers, social workers, child advocates, 14

law enforcement officers, prison wardens, alter-15

native incarceration administrators, and incar-16

ceration officials on how to screen, identify, 17

treat, and support individuals with FASD with-18

in the child welfare, juvenile, and criminal jus-19

tice systems, including— 20

‘‘(i) programs designed specifically for 21

the identification, treatment, and education 22

of individuals with FASD; and 23

‘‘(ii) curricula development and 24

credentialing within the justice and child 25

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welfare systems for individuals who imple-1

ment such programs; 2

‘‘(C) educating adoption or foster care 3

agency officials about available and necessary 4

services for children with FASD, including— 5

‘‘(i) programs designed specifically for 6

screening and identification, treatment, 7

and education of individuals with FASD; 8

and 9

‘‘(ii) education and training for poten-10

tial adoptive or foster parents of a child 11

with FASD; and 12

‘‘(D) educating health and mental health, 13

and substance use, providers about available 14

and necessary services for children with FASD, 15

including— 16

‘‘(i) programs designed specifically for 17

screening and identification, and both 18

health and mental health treatment, of in-19

dividuals with FASD; and 20

‘‘(ii) curricula development and 21

credentialing within the health and mental 22

health and substance abuse systems for in-23

dividuals who implement such programs. 24

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‘‘(2) APPLICATION.—To be eligible for a grant 1

under paragraph (1), an entity shall prepare and 2

submit to the Secretary an application at such time, 3

in such manner, and containing such information as 4

the Secretary may reasonably require. 5

‘‘(g) TRANSITIONAL SERVICES.— 6

‘‘(1) IN GENERAL.—The Secretary, in coordina-7

tion with the Administrator of the Health Resources 8

and Services Administration, shall award demonstra-9

tion grants, contracts, and cooperative agreements 10

to States, Indian Tribes and Tribal organizations, 11

and nongovernmental organizations for the purpose 12

of establishing integrated systems for providing 13

transitional services for adults affected by prenatal 14

alcohol exposure and evaluating the effectiveness of 15

such services. 16

‘‘(2) APPLICATION.—To be eligible for a grant, 17

contract, or cooperative agreement under paragraph 18

(1), an entity shall prepare and submit to the Sec-19

retary an application at such time, in such manner, 20

and containing such information as the Secretary 21

may reasonably require, including specific creden-22

tials relating to education, skills, training, and con-23

tinuing educational requirements relating to FASD. 24

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‘‘(3) ALLOWABLE USES.—An entity shall use 1

amounts received under a grant, contract, or cooper-2

ative agreement under paragraph (1) to carry out 3

one or more of the following activities: 4

‘‘(A) Provide housing assistance to, or spe-5

cialized housing for, adults with FASD. 6

‘‘(B) Provide vocational training and place-7

ment services for adults with FASD. 8

‘‘(C) Provide medication monitoring serv-9

ices for adults with FASD. 10

‘‘(D) Provide training and support to orga-11

nizations providing family services or mental 12

health programs and other organizations that 13

work with adults with FASD. 14

‘‘(E) Establish and evaluate housing mod-15

els specially designed for adults with FASD. 16

‘‘(F) Other services or programs, as the 17

Secretary determines appropriate. 18

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 19

are authorized to be appropriated to carry out this section, 20

such sums as may be necessary for each of fiscal years 21

2020 through 2025.’’. 22

(b) SERVICES FOR INDIVIDUALS WITH FETAL ALCO-23

HOL SPECTRUM DISORDERS.—Subpart 2 of part B of title 24

V of the Public Health Service Act (42 U.S.C. 290bb– 25

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21 et seq.) is amended by inserting after section 519B 1

the following: 2

‘‘SEC. 519C. SERVICES FOR INDIVIDUALS WITH FETAL AL-3

COHOL SYNDROME. 4

‘‘(a) IN GENERAL.—The Secretary may make awards 5

of grants, cooperative agreements, or contracts to public 6

and nonprofit private entities, including Indian tribes and 7

tribal organizations, to provide services to individuals di-8

agnosed with fetal alcohol syndrome or alcohol-related 9

birth defects. 10

‘‘(b) USE OF FUNDS.—An award under subsection 11

(a) may, subject to subsection (d), be used to— 12

‘‘(1) screen and test individuals to determine 13

the type and level of services needed; 14

‘‘(2) develop a comprehensive plan for providing 15

services to the individual; 16

‘‘(3) provide mental health counseling; 17

‘‘(4) provide substance abuse prevention serv-18

ices and treatment, if needed; 19

‘‘(5) coordinate services with other social pro-20

grams including social services, justice system, edu-21

cational services, health services, mental health and 22

substance abuse services, financial assistance pro-23

grams, vocational services and housing assistance 24

programs; 25

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‘‘(6) provide vocational services; 1

‘‘(7) provide health counseling; 2

‘‘(8) provide housing assistance; 3

‘‘(9) parenting skills training; 4

‘‘(10) overall case management; 5

‘‘(11) supportive services for families of individ-6

uals with Fetal Alcohol Syndrome and other pre-7

natal alcohol-related disorders; 8

‘‘(12) provide respite care for caretakers of in-9

dividuals with Fetal Alcohol Syndrome and other 10

prenatal alcohol-related disorders; 11

‘‘(13) recruit and train mentors for individuals 12

with Fetal Alcohol Syndrome and other prenatal al-13

cohol-related disorders; 14

‘‘(14) provide educational and supportive serv-15

ices to families of individuals with Fetal Alcohol 16

Spectrum Disorders; and 17

‘‘(15) provide other services and programs, to 18

the extent authorized by the Secretary after consid-19

eration of recommendations made by the Inter-20

agency Coordinating Committee on Fetal Alcohol 21

Spectrum Disorders. 22

‘‘(c) REQUIREMENTS.—To be eligible to receive an 23

award under subsection (a), an applicant shall— 24

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•HR 5790 IH

‘‘(1) demonstrate that the program will be part 1

of a coordinated, comprehensive system of care for 2

such individuals; 3

‘‘(2) demonstrate an established communication 4

with other social programs in the community includ-5

ing social services, justice system, financial assist-6

ance programs, health services, educational services, 7

mental health and substance abuse services, voca-8

tional services and housing assistance services; 9

‘‘(3) show a history of working with individuals 10

with fetal alcohol syndrome or alcohol-related birth 11

defects; 12

‘‘(4) provide assurance that the services will be 13

provided in a culturally and linguistically appro-14

priate manner; and 15

‘‘(5) provide assurance that at the end of the 16

5-year award period, other mechanisms will be iden-17

tified to meet the needs of the individuals and fami-18

lies served under such award. 19

‘‘(d) RELATIONSHIP TO PAYMENTS UNDER OTHER 20

PROGRAMS.—An award may be made under subsection (a) 21

only if the applicant involved agrees that the award will 22

not be expended to pay the expenses of providing any serv-23

ice under this section to an individual to the extent that 24

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20 

•HR 5790 IH

payment has been made, or can reasonably be expected 1

to be made, with respect to such expenses— 2

‘‘(1) under any State compensation program, 3

under an insurance policy, or under any Federal or 4

State health benefits program; or 5

‘‘(2) by an entity that provides health services 6

on a prepaid basis. 7

‘‘(e) DURATION OF AWARDS.—With respect to an 8

award under subsection (a), the period during which pay-9

ments under such award are made to the recipient may 10

not exceed 5 years. 11

‘‘(f) EVALUATION.—The Secretary shall evaluate 12

each project carried out under subsection (a) and shall dis-13

seminate the findings with respect to each such evaluation 14

to appropriate public and private entities. 15

‘‘(g) FUNDING.— 16

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 17

For the purpose of carrying out this section, there 18

are authorized to be appropriated such sums as may 19

be necessary for each of fiscal years 2020 through 20

2025. 21

‘‘(2) ALLOCATION.—Of the amounts appro-22

priated under paragraph (1) for a fiscal year, not 23

less than $300,000 shall, for purposes relating to 24

fetal alcohol syndrome and alcohol-related birth de-25

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21 

•HR 5790 IH

fects, be made available for collaborative, coordi-1

nated interagency efforts with the National Institute 2

on Alcohol Abuse and Alcoholism, the Eunice Ken-3

nedy Shriver National Institute of Child Health and 4

Human Development, the Health Resources and 5

Services Administration, the Agency for Healthcare 6

Research and Quality, the Centers for Disease Con-7

trol and Prevention, the Department of Education, 8

and the Department of Justice.’’. 9

(c) PREVENTION, INTERVENTION, AND SERVICES IN 10

THE EDUCATION SYSTEM.— 11

(1) GENERAL RULE.—The Secretary of Edu-12

cation shall be the lead Federal official with respon-13

sibility over education-related issues with respect to 14

children with fetal alcohol spectrum disorders. 15

(2) SPECIFIC RESPONSIBILITIES.—The Sec-16

retary of Education shall direct the Office of Special 17

Education and Rehabilitative Services to— 18

(A) conduct and disseminate training on a 19

nationwide fetal alcohol spectrum disorders sur-20

veillance campaign to local educational agencies 21

(as defined in section 8101 of the Elementary 22

and Secondary Education Act of 1965 (20 23

U.S.C. 7801)) and early childhood education 24

providers in collaboration with the National 25

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22 

•HR 5790 IH

Center on Birth Defects and Developmental 1

Disabilities under section 399H(b) of the Public 2

Health Service Act (as amended by subsection 3

(a)); 4

(B) collect, collate, and disseminate 5

(through the internet website of the Depart-6

ment of Education, at teacher-to-teacher work-7

shops, and through other means) evidence- 8

based practices that are effective in the edu-9

cation and support of children with fetal alcohol 10

syndrome disorders (including any special tech-11

niques on how to assist children with fetal alco-12

hol spectrum disorders in both special and tra-13

ditional educational settings, and including such 14

practices that incorporate information con-15

cerning the identification, behavioral supports, 16

teaching, and learning associated with fetal al-17

cohol spectrum disorders) to— 18

(i) education groups such as the Na-19

tional Association of School Boards, the 20

National Education Association, the Amer-21

ican Federation of Teachers, the National 22

Association of Elementary School Prin-23

cipals, and the National Association of 24

Secondary School Principals; 25

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23 

•HR 5790 IH

(ii) recipients of a grant under the 1

21st Century Community Learning Center 2

program established under part B of title 3

IV of the Elementary and Secondary Edu-4

cation Act of 1965 (20 U.S.C. 7171 et 5

seq.) and other after school program per-6

sonnel; and 7

(iii) Parent Teacher Associations, 8

Parent Information and Training Centers, 9

and other appropriate education organiza-10

tions; 11

(C) ensure that, in administering the Indi-12

viduals with Disabilities Education Act (20 13

U.S.C. 1400 et seq.), parents, educators, and 14

advocates for children with disabilities are 15

aware that children with fetal alcohol spectrum 16

disorders have the right to access general cur-17

riculum under the least restrictive environment; 18

(D) collaborate with other Federal agencies 19

to include information or activities relating to 20

fetal alcohol spectrum disorders in programs re-21

lated to maternal health, health education, and 22

sex education; 23

(E) collaborate with the Secretary of 24

Health and Human Services to ensure that 25

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24 

•HR 5790 IH

fetal alcohol spectrum disorders prevention 1

grants under section 399H of the Public Health 2

Service Act (as amended by subsection (a)) in-3

clude education concerning fetal alcohol spec-4

trum disorders in the sexual and health edu-5

cation curricula of schools; and 6

(F) support efforts by peer advisory net-7

works of adolescents in schools to discourage 8

the use of alcohol while pregnant or considering 9

getting pregnant. 10

(3) DEFINITION.—For purposes of this sub-11

section, the term ‘‘fetal alcohol spectrum disorders’’ 12

has the meaning given such term in section 399H(a) 13

of the Public Health Service Act, as amended by 14

subsection (a). 15

(d) PREVENTION, INTERVENTION, AND SERVICES IN 16

THE JUSTICE SYSTEM.—The Attorney General shall di-17

rect the Office of Juvenile Justice and Delinquency Pre-18

vention to— 19

(1) develop screening procedures for juveniles 20

who violate laws as described in section 5031 of title 21

18, United States Code, juveniles with chronic tru-22

ancy, and other individuals, and conduct training on 23

a nationwide fetal alcohol spectrum disorders sur-24

veillance campaign for the Department of Justice in 25

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25 

•HR 5790 IH

collaboration with the efforts of the National Center 1

on Birth Defects and Developmental Disabilities 2

under section 399H(b) of the Public Health Service 3

Act (as amended by subsection (a)); 4

(2) introduce training curricula on how to most 5

effectively identify and interact with individuals with 6

fetal alcohol spectrum disorders in both the juvenile 7

and adult justice systems, and investigate incor-8

porating information about the identification, pre-9

vention, and treatment of the disorders into justice 10

professionals’ credentialing requirements; 11

(3) promote the tracking of individuals entering 12

the juvenile justice system with at-risk backgrounds 13

that indicates them as high probability for having a 14

fetal alcohol spectrum disorder, especially individuals 15

whose mothers have a record of heavy or binge 16

drinking during pregnancy as reported by the appro-17

priate child protection agency; 18

(4) educate judges, attorneys, probation offi-19

cers, child advocates, law enforcement officers, pris-20

on wardens, alternative incarceration administrators, 21

and incarceration officials on how to treat, respond 22

to, and support individuals suffering from fetal alco-23

hol spectrum disorders within the juvenile and adult 24

justice systems, including— 25

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26 

•HR 5790 IH

(A) programs designed specifically for the 1

identification, treatment, and education of such 2

children; 3

(B) curricula development and 4

credentialing of teachers, administrators, and 5

social workers who implement such programs; 6

and 7

(C) how fetal alcohol spectrum disorders 8

impact an individual’s interaction with law en-9

forcement and whether diversionary sentencing 10

options or fetal-alcohol-spectrum-disorder-in-11

formed interventions and programs for such in-12

dividuals are appropriate; 13

(5) conduct a study on the inadequacies of how 14

the current system processes children with certain 15

developmental delays and subsequently implement 16

alternative methods of incarceration and treatment 17

that are more effective for youth offenders identified 18

to have a fetal alcohol spectrum disorder; and 19

(6) collaborate with fetal alcohol spectrum dis-20

orders professionals and implement transition pro-21

grams for juveniles and adults with fetal alcohol 22

spectrum disorders who are released from incarcer-23

ation. 24

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27 

•HR 5790 IH

(e) SUNSET PROVISION.—Section 399K of the Public 1

Health Service Act (42 U.S.C. 280f–3) is amended— 2

(1) by striking ‘‘National Task Force have been 3

appointed under section 399H(d)(1)’’ and inserting 4

‘‘Interagency Coordinating Committee on Fetal Al-5

cohol Spectrum Disorders under section 399H– 6

1(c)’’; and 7

(2) by adding at the end the following: ‘‘Not 8

later than the date that is 4 years after all such 9

members have been appointed, the Secretary shall 10

issue to Congress recommendations on whether the 11

programs under this part should be extended.’’. 12

SEC. 3. INTERAGENCY COORDINATING COMMITTEE ON 13

FETAL ALCOHOL SPECTRUM DISORDERS. 14

Part O of title III of the Public Health Service Act 15

(42 U.S.C. 280F et seq.), as amended by section 2(a), 16

is further amended by inserting after section 399H the 17

following: 18

‘‘SEC. 399H–1. INTERAGENCY COORDINATING COMMITTEE 19

ON FETAL ALCOHOL SPECTRUM DISORDERS. 20

‘‘(a) IN GENERAL.—The Secretary, acting through 21

the Director of the National Institute of Alcohol Abuse 22

and Alcoholism, shall maintain the ‘Interagency Coordi-23

nating Committee on Fetal Alcohol Spectrum Disorders’ 24

(referred to in this section as the ‘Committee’) with both 25

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28 

•HR 5790 IH

Federal and non-Federal members and a chairperson ap-1

pointed by the Director, to coordinate and recommend ef-2

forts within the Department of Health and Human Serv-3

ices and other relevant Federal departments and agencies 4

concerning FASD. 5

‘‘(b) RESPONSIBILITIES.—In carrying out its duties 6

under this section, the Committee shall— 7

‘‘(1) monitor FASD research and services and, 8

to the extent practicable, services and support activi-9

ties across all relevant Federal departments and 10

agencies, including coordination of Federal activities 11

with respect to FASD; 12

‘‘(2) develop a summary of advances in FASD 13

research related to prevention, treatment, early 14

screening, diagnosis, and interventions; 15

‘‘(3) make recommendations for the FASD re-16

search agenda to the Director of the National Insti-17

tute of Alcohol Abuse and Alcoholism, as described 18

in section 399H(b)(1)(A); 19

‘‘(4) review the 2009 report of the National 20

Task Force on FAS entitled, ‘A Call to Action’, and 21

other reports on FASD and make recommendations 22

on a national strategic plan to reduce the prevalence 23

and the associated impact of FASD and improve the 24

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29 

•HR 5790 IH

quality of life for individuals living with FASD, 1

which shall include— 2

‘‘(A) proposed Federal budgetary require-3

ments for FASD research and related services 4

and support activities for individuals with 5

FASD; 6

‘‘(B) recommendations to ensure that 7

FASD research, and services and support ac-8

tivities to the extent practicable, of the Depart-9

ment of Health and Human Services and of 10

other Federal departments and agencies are not 11

unnecessarily duplicative; 12

‘‘(C) identification of gaps or barriers for 13

individuals living with, or impacted by, FASD 14

in accessing diagnostic, early intervention, and 15

support services; 16

‘‘(D) identification of prevention strategies, 17

including education campaigns and options, 18

such as product warnings and other mecha-19

nisms to raise awareness of the risks associated 20

with prenatal alcohol consumption; 21

‘‘(E) identification of best practice ap-22

proaches to reduce the incidence of FASD; and 23

‘‘(F) identification of best practice ap-24

proaches and models of care to increase support 25

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30 

•HR 5790 IH

and treat individuals with FASD, and their 1

families; and 2

‘‘(5) submit to Congress and the President— 3

‘‘(A) an update on the summary of ad-4

vances described in paragraph (3), one year 5

after the date of enactment of the Advancing 6

FASD Research, Prevention, and Services Act; 7

‘‘(B) an update to the national strategic 8

plan described in paragraph (4), including any 9

progress made in achieving the objectives out-10

lined in such strategic plan, one year after the 11

date of enactment of the Advancing FASD Re-12

search, Prevention, and Services Act; and 13

‘‘(C) a final report that provides a sum-14

mary of advances described in paragraph (3) 15

and an update to the national strategic plan de-16

scribed in paragraph (4), not later than Sep-17

tember 30, 2025. 18

‘‘(c) MEMBERSHIP.—The Committee shall be com-19

posed of representatives as described in paragraphs (1) 20

and (2). 21

‘‘(1) FEDERAL MEMBERSHIP.—Members of the 22

Committee shall include representatives of the fol-23

lowing Federal agencies: 24

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31 

•HR 5790 IH

‘‘(A) The National Institute on Alcohol 1

Abuse and Alcoholism. 2

‘‘(B) The Centers for Disease Control and 3

Prevention. 4

‘‘(C) The Health Resources and Services 5

Administration. 6

‘‘(D) Other agencies with responsibilities 7

for FASD, substance use prevention and treat-8

ment, maternal health, child health and welfare, 9

and rehabilitative services, which may include 10

Federal agencies that interact with individuals 11

with FASD in the educational and correctional 12

systems. 13

‘‘(2) NON-FEDERAL MEMBERS.—Additional 14

non-Federal public and private sector members of 15

the Committee shall be appointed by the Director of 16

the National Institute on Alcohol Abuse and Alco-17

holism, including— 18

‘‘(A) one individual with FASD or a par-19

ent or legal guardian of an individual with 20

FASD; 21

‘‘(B) one representative of the National 22

Organization on Fetal Alcohol Syndrome and 23

one representative of a leading statewide advo-24

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32 

•HR 5790 IH

cacy and service organization for individuals 1

with FASD; 2

‘‘(C) one representative of the FASD Cen-3

ter of Excellence established under section 4

399H–2, and one representative of a State ad-5

visory group engaged in building a State FASD 6

system pursuant to section 399H(d); and 7

‘‘(D) multiple individuals with expertise on 8

FASD who will serve as representatives of pri-9

vate sector organizations that engage on FASD 10

issues on behalf of pediatricians, obstetricians 11

and gynecologists, mental health care providers, 12

family court judges, juvenile judges and justice 13

programming and services, and special edu-14

cation and social work professionals. 15

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 16

are authorized to be appropriated to carry out this section 17

such sums as may be necessary for each of fiscal years 18

2020 through 2025.’’. 19

SEC. 4. FASD CENTER OF EXCELLENCE. 20

(a) IN GENERAL.—Part O of title III of the Public 21

Health Service Act (42 U.S.C. 280f et seq.), as amended 22

by section 3, is further amended by inserting after section 23

399H–1 the following: 24

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33 

•HR 5790 IH

‘‘SEC. 399H–2. FASD CENTER OF EXCELLENCE. 1

‘‘(a) IN GENERAL.—The Secretary, in consultation 2

with the Assistant Secretary for Mental Health and Sub-3

stance Use, the Administrator of the Health Research and 4

Services Administration, and the Director of the Centers 5

for Disease Control and Prevention, shall make an award 6

of a grant, cooperative agreement, or contract to a public 7

or nonprofit entity with demonstrated expertise in FASD 8

awareness, prevention and intervention services. Such 9

award shall be for the purpose of establishing an FASD 10

Center of Excellence to build local, State, and national ca-11

pacities to prevent the occurrence of FASD, including dis-12

orders and birth defects related to combined abuse of alco-13

hol and other substances, and to respond to the needs of 14

individuals and their families that carry out the following: 15

‘‘(1) Initiating or expanding diagnostic capacity 16

of FASD by increasing screening, identification, and 17

diagnosis of individuals with FASD in clinical prac-18

tices, educational settings, child welfare, and juvenile 19

and correctional systems. 20

‘‘(2) Providing an internet-based resource cen-21

ter that disseminates ongoing technical assistance, 22

resource development, and peer and cross-State 23

training on FASD. 24

‘‘(3) Conducting media outreach and media 25

training to raise public awareness of the risks associ-26

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34 

•HR 5790 IH

ated with alcohol consumption during pregnancy 1

with the purpose of reducing the prevalence of 2

FASD. 3

‘‘(4) Acting as a clearinghouse on FASD pre-4

vention and intervention practices and services and 5

maintaining a national resource directory. 6

‘‘(5) Developing and disseminating information 7

and resources for training community leaders, men-8

tal health and substance abuse professionals, fami-9

lies, law enforcement personnel, judges, health pro-10

fessionals, persons working in financial assistance 11

programs, social service personnel, child welfare pro-12

fessionals, and other service providers on the impli-13

cations of FASD and the early identification of and 14

referral for such conditions. 15

‘‘(6) Building capacity for State and local affili-16

ates dedicated to FASD awareness and prevention 17

efforts. 18

‘‘(7) Supporting a speakers bureau and other 19

public awareness activities, including social media, 20

for enhanced FASD awareness and prevention ef-21

forts. 22

‘‘(8) Providing technical assistance to commu-23

nities for replicating exemplary comprehensive sys-24

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35 

•HR 5790 IH

tems of care for individuals with FASD developed 1

under section 399H(e). 2

‘‘(9) Providing technical assistance to commu-3

nities for replicating best practice pilot projects de-4

veloped under section 399H(f). 5

‘‘(10) Providing technical assistance to States 6

in developing statewide FASD strategic plans, estab-7

lishing or expanding statewide programs of surveil-8

lance, screening and diagnosis, prevention, and clin-9

ical intervention and support for individuals with 10

FASD and their families under section 399H(d). 11

‘‘(11) Developing a comprehensive FASD data-12

base of clinics across the United States, in accord-13

ance with applicable privacy requirements. 14

‘‘(12) Carrying out other functions, to the ex-15

tent authorized by the Secretary, after consideration 16

of recommendations of the Interagency Coordinating 17

Committee on Fetal Alcohol Spectrum Disorders in 18

the national strategic plan under section 399H– 19

1(b)(4). 20

‘‘(b) APPLICATION.—To be eligible for a grant, con-21

tract, or cooperative agreement under paragraph (1), an 22

entity shall prepare and submit to the Secretary an appli-23

cation at such time, in such manner, and containing such 24

information as the Secretary may reasonably require, in-25

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36 

•HR 5790 IH

cluding specific credentials relating to FASD resource de-1

velopment and dissemination, care coordination and the 2

coordination of clinical services, technical assistance, ad-3

ministration of partner networks, and other such FASD- 4

specific expertise. 5

‘‘(c) SUBCONTRACTING.—A public or private non-6

profit may carry out the activities under subsection (a) 7

through contracts or cooperative agreements with other 8

public and private nonprofit entities with demonstrated ex-9

pertise in FASD prevention and intervention services. 10

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 11

are authorized to be appropriated to carry out this section 12

such sums as may be necessary for each of fiscal years 13

2020 through 2025.’’. 14

(b) CONFORMING AMENDMENT.—Section 519D of 15

the Public Health Service Act (42 U.S.C. 290bb–25d) is 16

repealed. 17

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 18

Section 399J of the Public Health Service Act (42 19

U.S.C. 280f–2) is amended— 20

(1) in subsection (a), by striking ‘‘$27,000,000 21

for each of the fiscal years 1999 through 2003’’ and 22

inserting ‘‘$42,000,000 for fiscal year 2021 and 23

such sums as may be necessary for each of fiscal 24

years 2022 through 2025’’; and 25

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37 

•HR 5790 IH

(2) by amending subsection (b), to read as fol-1

lows: 2

‘‘(b) INTERAGENCY COORDINATING COMMITTEE ON 3

FETAL ALCOHOL SPECTRUM DISORDERS.—From 4

amounts appropriated for a fiscal year under subsection 5

(a), the Secretary may use not to exceed $2,000,000 of 6

such amounts for the operations of the Interagency Co-7

ordinating Committee on Fetal Alcohol Spectrum Dis-8

orders under section 399H–1.’’. 9

Æ 

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  /PreserveCopyPage true
  /PreserveDICMYKValues true
  /PreserveEPSInfo true
  /PreserveFlatness true
  /PreserveHalftoneInfo false
  /PreserveOPIComments true
  /PreserveOverprintSettings true
  /StartPage 1
  /SubsetFonts false
  /TransferFunctionInfo /Preserve
  /UCRandBGInfo /Preserve
  /UsePrologue true
  /ColorSettingsFile ()
  /AlwaysEmbed [ true
  ]
  /NeverEmbed [ true
  ]
  /AntiAliasColorImages false
  /CropColorImages true
  /ColorImageMinResolution 300
  /ColorImageMinResolutionPolicy /OK
  /DownsampleColorImages false
  /ColorImageDownsampleType /Bicubic
  /ColorImageResolution 300
  /ColorImageDepth 8
  /ColorImageMinDownsampleDepth 1
  /ColorImageDownsampleThreshold 1.50000
  /EncodeColorImages true
  /ColorImageFilter /FlateEncode
  /AutoFilterColorImages false
  /ColorImageAutoFilterStrategy /JPEG
  /ColorACSImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /ColorImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /JPEG2000ColorACSImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /JPEG2000ColorImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /AntiAliasGrayImages false
  /CropGrayImages true
  /GrayImageMinResolution 300
  /GrayImageMinResolutionPolicy /OK
  /DownsampleGrayImages false
  /GrayImageDownsampleType /Bicubic
  /GrayImageResolution 300
  /GrayImageDepth 8
  /GrayImageMinDownsampleDepth 2
  /GrayImageDownsampleThreshold 1.50000
  /EncodeGrayImages true
  /GrayImageFilter /FlateEncode
  /AutoFilterGrayImages false
  /GrayImageAutoFilterStrategy /JPEG
  /GrayACSImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /GrayImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /JPEG2000GrayACSImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /JPEG2000GrayImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /AntiAliasMonoImages false
  /CropMonoImages true
  /MonoImageMinResolution 1200
  /MonoImageMinResolutionPolicy /OK
  /DownsampleMonoImages false
  /MonoImageDownsampleType /Bicubic
  /MonoImageResolution 1200
  /MonoImageDepth -1
  /MonoImageDownsampleThreshold 1.50000
  /EncodeMonoImages true
  /MonoImageFilter /CCITTFaxEncode
  /MonoImageDict <<
    /K -1
  >>
  /AllowPSXObjects false
  /CheckCompliance [
    /None
  ]
  /PDFX1aCheck true
  /PDFX3Check false
  /PDFXCompliantPDFOnly true
  /PDFXNoTrimBoxError false
  /PDFXTrimBoxToMediaBoxOffset [
    0.00000
    0.00000
    0.00000
    0.00000
  ]
  /PDFXSetBleedBoxToMediaBox true
  /PDFXBleedBoxToTrimBoxOffset [
    0.00000
    0.00000
    0.00000
    0.00000
  ]
  /PDFXOutputIntentProfile (U.S. Web Coated \050SWOP\051 v2)
  /PDFXOutputConditionIdentifier (CGATS TR 001)
  /PDFXOutputCondition ()
  /PDFXRegistryName (http://www.color.org)
  /PDFXTrapped /False

  /CreateJDFFile false
  /Description <<
    /ARA 
    /BGR 
    /CHS 
    /CHT 
    /CZE 
    /DAN 
    /DEU 
    /ESP 
    /ETI 
    /FRA 
    /GRE 
    /HEB 
    /HRV 
    /HUN 
    /ITA (Utilizzare queste impostazioni per creare documenti Adobe PDF che devono essere conformi o verificati in base a PDF/X-1a:2001, uno standard ISO per lo scambio di contenuto grafico. Per ulteriori informazioni sulla creazione di documenti PDF compatibili con PDF/X-1a, consultare la Guida dell'utente di Acrobat. I documenti PDF creati possono essere aperti con Acrobat e Adobe Reader 4.0 e versioni successive.)
    /JPN 
    /KOR 
    /LTH 
    /LVI 
    /NLD (Gebruik deze instellingen om Adobe PDF-documenten te maken die moeten worden gecontroleerd of moeten voldoen aan PDF/X-1a:2001, een ISO-standaard voor het uitwisselen van grafische gegevens. Raadpleeg de gebruikershandleiding van Acrobat voor meer informatie over het maken van PDF-documenten die compatibel zijn met PDF/X-1a. De gemaakte PDF-documenten kunnen worden geopend met Acrobat en Adobe Reader 4.0 en hoger.)
    /NOR 
    /POL 
    /PTB 
    /RUM 
    /RUS 
    /SKY 
    /SLV 
    /SUO 
    /SVE 
    /TUR 
    /UKR 
    /ENU (Use these settings to create Adobe PDF documents that are to be checked or must conform to PDF/X-1a:2001, an ISO standard for graphic content exchange.  For more information on creating PDF/X-1a compliant PDF documents, please refer to the Acrobat User Guide.  Created PDF documents can be opened with Acrobat and Adobe Reader 4.0 and later.)
  >>
  /Namespace [
    (Adobe)
    (Common)
    (1.0)
  ]
  /OtherNamespaces [
    <<
      /AsReaderSpreads false
      /CropImagesToFrames true
      /ErrorControl /WarnAndContinue
      /FlattenerIgnoreSpreadOverrides false
      /IncludeGuidesGrids false
      /IncludeNonPrinting false
      /IncludeSlug false
      /Namespace [
        (Adobe)
        (InDesign)
        (4.0)
      ]
      /OmitPlacedBitmaps false
      /OmitPlacedEPS false
      /OmitPlacedPDF false
      /SimulateOverprint /Legacy
    >>
    <<
      /AddBleedMarks false
      /AddColorBars false
      /AddCropMarks false
      /AddPageInfo false
      /AddRegMarks false
      /ConvertColors /ConvertToCMYK
      /DestinationProfileName ()
      /DestinationProfileSelector /DocumentCMYK
      /Downsample16BitImages true
      /FlattenerPreset <<
        /PresetSelector /HighResolution
      >>
      /FormElements false
      /GenerateStructure false
      /IncludeBookmarks false
      /IncludeHyperlinks false
      /IncludeInteractive false
      /IncludeLayers false
      /IncludeProfiles false
      /MultimediaHandling /UseObjectSettings
      /Namespace [
        (Adobe)
        (CreativeSuite)
        (2.0)
      ]
      /PDFXOutputIntentProfileSelector /DocumentCMYK
      /PreserveEditing true
      /UntaggedCMYKHandling /LeaveUntagged
      /UntaggedRGBHandling /UseDocumentProfile
      /UseDocumentBleed false
    >>
  ]
>> setdistillerparams
<<
  /HWResolution [2400 2400]
  /PageSize [612.000 792.000]
>> setpagedevice



		Superintendent of Documents
	2020-02-13T04:53:39-0500
	US GPO, Washington, DC 20401
	Superintendent of Documents
	GPO attests that this document has not been altered since it was disseminated by GPO