[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>