II 109th CONGRESS 2d Session S. 3668 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.

1.

Short title

This Act may be cited as the Traumatic Brain Injury Act of 2006.

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.

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.

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:

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.

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.