[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3668 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3668

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 SENATE OF THE UNITED STATES

                             July 17, 2006

Mr. Hatch (for himself and Mr. Kennedy) 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 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'';
                    (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 
                develop or 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, child 
                care facilities, and residential institutes for people 
                with developmental disabilities; and
                    ``(B) 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 2005, 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 trauma. The Secretary may revise the 
definition of such term as the Secretary determines necessary.''.
    (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 Demonstration 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) by striking the term ``State'' each place such 
                term appears and inserting ``State or American Indian 
                consortium''; and
                    (B) in paragraph (1), by striking `` each $2'' and 
                inserting ``each $5'';
            (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 2005 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 near drowning. 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''.
                                 <all>