Traumatic Brain Injury Act of 2006 - Amends the Public Health Service Act to: (1) revise the national program for traumatic brain injury registries to include grants for a traumatic brain injury surveillance system; and (2) authorize appropriations through 2010 for the prevention and control of injuries.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to conduct a study to: (1) determine the incidence and prevalence of traumatic brain injury; (2) maintain data on the incidence and prevalence of mild traumatic brain injury; (3) report national trends in traumatic brain injury; (4) identify common therapeutic interventions used for the rehabilitation of individuals with such injuries; and (5) develop practice guidelines for such rehabilitation.
Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia to improve access to rehabilitation and other services regarding traumatic brain injury.
Requires the Administration and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit.
Allows the Secretary, acting through the Administrator, to provide for projects of national significance that: (1) support the development of policies that reinforce and promote self-determination, independence, productivity, integration, and inclusion in all facets of community life for individuals with traumatic brain injury; and (2) hold promise to improve or expand opportunities for such individuals.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5738 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5738
To amend the Public Health Service Act to provide for the expansion and
improvement of traumatic brain injury programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2006
Mr. Pascrell (for himself, Mr. Platts, Mr. Andrews, Mr. Boswell, Mr.
Boucher, Mr. Boyd, Mr. Brady of Pennsylvania, Mr. Brown of South
Carolina, Mr. Brown of Ohio, Mr. Capuano, Mr. Cleaver, Mr. Tom Davis of
Virginia, Mrs. Davis of California, Mr. Davis of Illinois, Mr. DeFazio,
Mrs. Drake, Mr. Emanuel, Mr. Etheridge, Mr. Farr, Mr. Goode, Mr. Gene
Green of Texas, Mr. Hayes, Ms. Herseth, Mr. Higgins, Mr. Hinchey, Mr.
Hinojosa, Mr. Holden, Mr. Holt, Mr. Inglis of South Carolina, Ms.
Jackson-Lee of Texas, Mr. Jefferson, Mr. Kennedy of Rhode Island, Mr.
Kildee, Mr. Kuhl of New York, Mr. LoBiondo, Mr. Markey, Mrs. McCarthy,
Mr. McCotter, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr. Meeks of
New York, Mr. Miller of Florida, Mr. Moran of Virginia, Mr. Nadler, Mr.
Neal of Massachusetts, Mr. Owens, Mr. Pallone, Mr. Payne, Mr.
Ruppersberger, Mr. Sanders, Mr. Saxton, Ms. Schwartz of Pennsylvania,
Mr. Strickland, Mr. Towns, Mr. Van Hollen, Mr. Waxman, Mr. Wexler, Ms.
Woolsey, Mr. Wynn, and Mr. Grijalva) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide for the expansion and
improvement of traumatic brain injury programs, and for other purposes.
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 ``Traumatic Brain Injury Act of
2006''.
SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Prevention of Traumatic Brain Injury.--Clause (ii) of section
393A(b)(3)(A) of the Public Health Service Act (42 U.S.C. 280b-1b) is
amended by striking ``from hospitals and trauma centers'' and inserting
``from hospitals and emergency departments''.
(b) National Program for Traumatic Brain Injury Surveillance and
Registries.--Part J of title III of the Public Health Service Act (42
U.S.C. 280b et seq.) is amended--
(1) by redesignating the first section 393B (relating to
the use of allotments for rape prevention education) as section
392A and moving such section so that it follows section 392;
and
(2) by amending section 393B--
(A) in the section heading, by inserting
``surveillance and'' after ``national program for
traumatic brain injury''; and
(B) by striking ``(a) In General.--''; and
(C) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``to collect data concerning--'' and inserting
``may make grants to States or their designees to
operate the State's traumatic brain injury surveillance
system or registry to determine the incidence and
prevalence of traumatic brain-related injury
disability, to ensure the uniformity of reporting under
such system or registry, to link individuals with
traumatic brain injury to services and supports, and to
link such individuals with academic institutions to
conduct applied research that will support the
development of such surveillance systems and registries
as may be necessary. A surveillance system or registry
under this section shall provide for the collection of
data
concerning--''.
(c) Authorization of Appropriations.--Section 394A of the Public
Health Service Act (42 U.S.C. 280b-3) is amended--
(1) by striking ``For the purpose'' and inserting ``(a) For
the purpose'';
(2) by striking ``and'' after ``for fiscal year 1994;'';
(3) by striking ``and'' after ``through 1998,'';
(4) by striking the second period at the end; and
(5) by inserting ``, and such sums as may be necessary for
each of fiscal years 2006 through 2010'' before the period at
the end.
SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subparagraph (D) of subsection (d)(4), by striking
``head brain injury'' and inserting ``brain injury''; and
(2) in subsection (i), by inserting ``, and such sums as
may be necessary for each of fiscal years 2006 through 2010''
before the period at the end.
SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.
(a) Amendment.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393B
the following:
``SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY.
``(a) Study.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention with respect to paragraph
(1) and the Director of the National Institutes of Health with respect
to paragraphs (2) and (3), shall conduct a study with respect to
traumatic brain injury for the purpose of carrying out the following:
``(1) In collaboration with appropriate State and local
health-related agencies--
``(A) determining the incidence and prevalence of
traumatic brain injury in all age groups in the general
population of the United States, including
institutional settings, such as nursing homes,
correctional facilities, psychiatric hospitals, and
residential institutes for people with developmental
disabilities;
``(B) obtaining and maintaining data on the
incidence and prevalence of mild traumatic brain injury
and report to Congress; and
``(C) collecting, maintaining, and reporting
national trends in traumatic brain injury.
``(2) Identifying common therapeutic interventions which
are used for the rehabilitation of individuals with such
injuries, and, subject to the availability of information,
including an analysis of--
``(A) the effectiveness of each such intervention
in improving the functioning, including return to work
or school and community participation, of individuals
with brain injuries;
``(B) the comparative effectiveness of
interventions employed in the course of rehabilitation
of individuals with brain injuries to achieve the same
or similar clinical outcome; and
``(C) the adequacy of existing measures of outcomes
and knowledge of factors influencing differential
outcomes.
``(3) Developing practice guidelines for the rehabilitation
of traumatic brain injury at such time as appropriate
scientific research becomes available.
``(b) Dates Certain for Reports.--Not later than 3 years after the
date of the enactment of the Traumatic Brain Injury Act of 2006, the
Secretary shall submit to the Congress a report describing findings
made as a result of carrying out subsection (a).
``(c) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2006 through 2010.''.
(b) Conforming Amendment.--Public Law 104-166 (42 U.S.C. 300d-61
note) is amended by striking section 4.
SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended--
(1) in subsection (a)--
(A) by striking ``may make grants to States'' and
inserting ``may make grants to States and American
Indian consortia''; and
(B) by striking ``health and other services'' and
inserting ``rehabilitation and other services'';
(2) in subsection (b)--
(A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and
(3)(A)(iv), by striking the term ``State'' each place
such term appears and inserting the term ``State or
American Indian consortium''; and
(B) in paragraph (2), by striking ``recommendations
to the State'' and inserting ``recommendations to the
State or American Indian consortium'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``$1 for each $2
of Federal funds'' and inserting ``$1 for each $5 of
Federal funds''; and
(B) by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium'';
(4) in subsection (e), by striking ``A State that
received'' and all that follows through the period and
inserting ``A State or American Indian consortium that received
a grant under this section prior to the date of the enactment
of the Traumatic Brain Injury Act of 2006 may complete the
activities funded by the grant.'';
(5) in subsection (f)--
(A) in the subsection heading, by inserting ``and
American Indian Consortium'' after ``State'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), paragraph (1)(E), paragraph (2)(A),
paragraph (2)(B), paragraph (3) in the matter preceding
subparagraph (A), paragraph (3)(E), and paragraph
(3)(F), by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium'';
(C) in clause (ii) of paragraph (1)(A), by striking
``children and other individuals'' and inserting
``children, youth, and adults''; and
(D) in subsection (h)--
(i) by striking ``Not later than 2 years
after the date of the enactment of this
section, the Secretary'' and inserting ``Not
less than bi-annually, the Secretary''; and
(ii) by inserting ``section 1253, and
section 1254,'' after ``programs established
under this section,'';
(6) by amending subsection (i) to read as follows:
``(i) Definitions.--For purposes of this section:
``(1) The terms `American Indian consortium' and `State'
have the meanings given to those terms in section 1253.
``(2) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain
dysfunction caused by congenital or degenerative disorders, nor
birth trauma, but may include brain injuries caused by anoxia
due to trauma. The Secretary may revise the definition of such
term as the Secretary determines necessary, after consultation
with States and other appropriate public or nonprofit private
entities.''; and
(7) in subsection (j), by inserting ``, and such sums as
may be necessary for each of the fiscal years 2006 through
2010'' before the period.
(b) State Grants for Protection and Advocacy Services.--Section
1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--
(1) in subsections (d) and (e), by striking the term
``subsection (i)'' each place such term appears and inserting
``subsection (l)'';
(2) in subsection (g), by inserting ``each fiscal year not
later than October 1,'' before ``the Administrator shall pay'';
(3) by redesignating subsections (i) and (j) as subsections
(l) and (m), respectively;
(4) by inserting after subsection (h) the following:
``(i) Data Collection.--The Administrator of the Health Resources
and Services Administration and the Commissioner of the Administration
on Developmental Disabilities shall enter into an agreement to
coordinate the collection of data by the Administrator and the
Commissioner regarding protection and advocacy services.
``(j) Training and Technical Assistance.--
``(1) Grants.--For any fiscal year for which the amount
appropriated to carry out this section is $6,000,000 or
greater, the Administrator shall use 2 percent of such amount
to make a grant to an eligible national association for
providing for training and technical assistance to protection
and advocacy systems.
``(2) Definition.--In this subsection, the term `eligible
national association' means a national association with
demonstrated experience in providing training and technical
assistance to protection and advocacy systems.
``(k) System Authority.--In providing services under this section,
a protection and advocacy system shall have the same authorities,
including access to records, as such system would have for purposes of
providing services under subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''; and
(5) in subsection (l) (as redesignated by this
subsection)--
(A) by striking ``and'' after ``fiscal year 2001,''
; and
(B) by inserting ``and such sums as may be
necessary for each of the fiscal years 2006 through
2010''.
(c) National Grants of Significance.--Part E of title XII of the
Public Health Service Act (42 U.S.C.300d-52 et seq.) is amended by
adding at end the following:
``SEC. 1254. NATIONAL GRANTS OF SIGNIFICANCE.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants
to, or enter into contracts or cooperative agreements with, nonprofit
organizations, education institutions, States, and other such entities
for projects of national significance that--
``(1) support the development of national and State
policies that reinforce and promote self-determination,
independence, productivity, integration, and inclusion in all
facets of community life for individuals with traumatic brain
injury;
``(2) hold promise to improve or expand opportunities for
such individuals, including projects or initiatives significant
in scope that--
``(A) improve access to services and systems of
care and support that reflect best practices that can
be demonstrated and replicated through technical
assistance, training, and education;
``(B) assist States in developing service capacity
such as community living options and housing; programs
and services that address challenging behaviors of
individuals with traumatic brain injury and individuals
with dual diagnosis, such as substance abuse; case
management; respite; information and referral; and
family and community supports;
``(C) improve the capability of systems to monitor
and evaluate quality of rehabilitation, long-term care,
community services and supports; and
``(D) address emerging needs such as aging
caregivers, aging individuals with traumatic brain
injury, and servicemen, servicewomen and veterans with
traumatic brain injury; v. address trends and issues in
State service delivery through data collection and
reporting of funding, policies, and services on a
periodic basis.
``(b) Definitions.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to trauma. The Secretary may revise the
definition of such term as the Secretary determines necessary, after
consultation with States and other appropriate public or nonprofit
private entities.
``(c) 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 the fiscal years 2006 through 2010.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1321-1322)
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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