[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3081 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3081

 To amend the Public Health Service Act to provide for the conduct of 
 studies and the establishment of innovative programs with respect to 
              traumatic brain injury, and other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2000

   Mr. Hatch introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to provide for the conduct of 
 studies and the establishment of innovative programs with respect to 
              traumatic brain injury, and 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 
Amendments of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Traumatic brain injury is among the nation's most 
        significant public health concerns. It is the leading cause of 
        death and disability in young Americans.
            (2) 1,500,000 traumatic brain injuries occur each year. 
        1,000,000 of those injuries are serious enough to require 
        treatment in hospital emergency departments. An estimated 
        5,300,000 Americans live with a disability as a result of brain 
        injury. The annual cost to society is estimated conservatively 
        at $38,700,000,000.
            (3) Traumatic brain injury often results in significant 
        impairment of an individual's physical, cognitive, and 
        psychosocial functioning requiring access to an array of health 
        care, education, social services and long-term supports from 
        acute care to rehabilitation to community re-entry and 
        participation.
    (b) Purposes.--In is the purpose of this Act to--
            (1) require the Secretary of Health and Human Services, 
        working in cooperation with other Federal agencies, to study 
        and monitor the incidence and prevalence of traumatic brain 
        injury and conduct national education activities to increase 
        awareness of the causes and consequences of traumatic brain 
        injury;
            (2) require the Secretary of Health and Human Services to 
        cause to be identified best practices in diagnosis, emergent 
        care, special education, and rehabilitation with the ultimate 
        goal of independent functioning within the community;
            (3) require the Secretary of Health and Human Services to 
        encourage States to build capacity and enhance community based 
        service delivery systems to provide adequate, appropriate, and 
        accessible services to individuals with traumatic brain injury 
        and their families; and
            (4) require the Secretary of Health and Human Services to 
        conduct basic and applied research regarding traumatic brain 
        injury, including diagnosis, treatment, and rehabilitation.

SEC. 3. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.

    Section 393A(b) of the Public Health Service Act (42 U.S.C. 280b-
1b(b)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) the implementation of a national education and 
        awareness campaign in conjunction with Healthy People 2010, 
        including--
                    ``(A) national dissemination and distribution of 
                incidence and prevalence findings;
                    ``(B) national dissemination of information 
                relating to traumatic brain injury and the sequelae of 
                secondary conditions arising from traumatic brain 
                injury upon discharge from hospitals and trauma 
                centers; and
                    ``(C) the provision of information in primary care 
                settings, including emergency rooms and trauma centers, 
                concerning the availability of State level services and 
                resources.''.

SEC. 4. STUDY AND MONITOR INCIDENCE AND PREVALENCE.

    Section 4 of Public Law 104-166 (42 U.S.C. 300d-61 note) is 
amended--
            (1) in subsection (a)(1)(A)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) determine--
                                    ``(I) the incidence and prevalence 
                                of traumatic brain injury in all age 
                                groups in the general population of the 
United States, including institutional setting; and
                                    ``(II) appropriate methodological 
                                strategies to obtain data on the 
                                incidence and prevalence of mild 
                                traumatic brain injury and report to 
                                Congress on such strategies within 18 
                                months of the date of enactment of the 
                                Traumatic Brain Injury Act Amendments 
                                of 2000; and''; and
                    (B) in clause (ii), by striking ``, if the 
                Secretary determines that such a system is 
                appropriate'';
            (2) in subsection (a)(1)(B)(i), by inserting ``, including 
        return to work or school and optimal community participation,'' 
        after ``functioning''; and
            (3) in subsection (d), to read as follows:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of the fiscal years 2001 through 2005.''.

SEC. 5. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH.

    (a) Interagency Program.--Section 1261(d)(4) of the Public Health 
Service Act (42 U.S.C. 300d-61(d)(4)) is amended--
            (1) in subparagraph (A), by striking ``degree of injury'' 
        and inserting ``degree of brain injury'';
            (2) in subparagraph (B), by striking ``acute injury'' and 
        inserting ``acute brain injury''; and
            (3) in subparagraph (D), by striking ``injury treatment'' 
        and inserting ``brain injury treatment''.
    (b) Research on Cognitive Disorders Arising From Traumatic Brain 
Injury.--Section 1261(d)(4) of the Public Health Service Act (42 U.S.C. 
300d-61(d)(4)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) carrying out subparagraphs (A) through (D) 
                with respect to cognitive disorders and the 
                neurobehavioral consequences arising from traumatic 
                brain injury, including the development, modification, 
                and evaluation of therapies and programs of 
                rehabilitation toward restoring normal capabilities to 
                read, comprehend, speak, reason, and deduce.''.
    (c) Authorization of Appropriations.--Section 1261 of the Public 
Health Service Act (42 U.S.C. 300d-61) is amended by adding at the end 
the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of the fiscal years 2001 through 2005.''.

SEC. 6. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.

    Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) 
is amended--
            (1) in the section heading by striking ``demonstration'';
            (2) in subsection (a), by striking ``demonstration'';
            (3) in subsection (b)(3)--
                    (A) in subparagraph (A)(iv), by striking 
                ``representing traumatic brain injury survivors'' and 
                inserting ``representing individuals with traumatic 
                brain injury''; and
                    (B) in subparagraph (B), by striking ``who are 
                survivors of'' and inserting ``with'';
            (4) in subsection (c)--
                    (A) in paragraph (1), by striking ``in cash'' and 
                inserting ``in cash (or with respect to the second and 
                each subsequent year for which matching funds are 
                required, in-kind)''; and
                    (B) by adding at the end the following:
            ``(3) Effective date.--The requirements of this subsection 
        shall apply with respect to a State for grant years beginning 
        after the first year in which the State receives a grant under 
        this section.'';
            (5) by redesignating subsections (e) through (h) as 
        subsections (g) through (j), respectively;
            (6) by inserting after subsection (d), the following:
    ``(e) Continuation of Previously Awarded Demonstration Projects.--A 
State that received a grant under this section prior to the date of 
enactment of the Traumatic Brain Injury Act Amendments of 2000 may 
compete for new project grants under this section after such date of 
enactment.
    ``(f) Use of State Grants.--
            ``(1) Community services and supports.--A State shall use 
        amounts received under a grant under this section to, directly 
        or through grants or contracts with nonprofit entities--
                    ``(A) develop, change, or enhance community based 
                service delivery systems that include timely access to 
                an array of comprehensive services and supports that 
                promote full community participation by individuals 
                with brain injury and their families;
                    ``(B) reflect local consumer or family driven 
                values;
                    ``(C) address the needs of individuals of all ages;
                    ``(D) provide outreach and services to underserved 
                and inappropriately served individuals, such as 
                individuals in institutional settings, individuals with 
                low socioeconomic resources, individuals in rural 
                communities, and individuals in culturally and 
                linguistically diverse communities;
                    ``(E) provide grants to nonprofit entities for 
                consumer or family service access training, consumer 
                support, peer mentoring, and parent to parent programs;
                    ``(F) provide individual and family service 
                coordination or case management systems; and
                    ``(G) support other needs identified by a State 
                plan that is supported by its advisory council and that 
                reflects local consumer or family driven values.
            ``(2) Best practices.--
                    ``(A) In general.--State services and supports 
                provided under a grant under this section shall reflect 
                the best practices in the field of traumatic brain 
                injury, and shall be supported by quality assurance 
                measures as well as the appropriate standard of health 
                care and integrated community supports.
                    ``(B) Demonstration by state agency.--The State 
                agency responsible for administering amounts receive 
                under a grant under this section shall demonstrate or 
                obtain expertise and knowledge of traumatic brain 
                injury and the unique needs associated with traumatic 
                brain injury.
            ``(3) State capacity building.--A State may use amounts 
        received under a grant under this section to leverage State 
        resources to--
                    ``(A) educate consumers and families;
                    ``(B) train professionals in public and private 
                sector financing (such as third party payers, State 
                agencies, community-based providers, schools, and 
                educators);
                    ``(C) develop or improve case management or service 
                coordination systems;
                    ``(D) develop best practices in areas such as 
                family or consumer support, return to work, housing or 
                supportive living, personal assistance services, 
                assistive technology, substance abuse, behavioral 
                health services, and traumatic brain injury treatment 
                and rehabilitation;
                    ``(E) tailor existing State systems to provide 
                accommodation to the needs of individuals with brain 
                injury (including systems administered by the State 
                departments responsible for health, mental health, 
                labor, education, mental retardation or developmental 
                disabilities, transportation, housing, and correctional 
                systems); and
                    ``(F) improve data sets coordinated across systems 
                and other needs identified by a State plan supported by 
                its advisory council.'';
            (7) in subsection (g) (as so redesignated), by striking 
        ``agencies of the Public Health Service'' and inserting 
        ``Federal agencies'';
            (8) in subsection (j) (as so redesignated), to read as 
        follows:
    ``(j) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated--
            ``(1) $7,000,000 for fiscal year 2001;
            ``(2) $9,000,000 for fiscal year 2002;
            ``(3) $7,500,000 for fiscal year 2003;
            ``(4) $6,500,000 for fiscal year 2004; and
            ``(5) $6,000,000 for fiscal year 2005.''; and
            (9) by adding at the end the following:
    ``(k) State.--In this section, the term `State' includes 
territories of the United States.''.
                                 <all>