[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7183-H7185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2150
            CONCUSSION TREATMENT AND CARE TOOLS ACT OF 2010

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1347) to amend title III of the Public Health Service Act to 
provide for the establishment and implementation of concussion 
management guidelines with respect to school-aged children, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1347

       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 ``Concussion Treatment and 
     Care Tools Act of 2010'' or the ``ConTACT Act of 2010''.

     SEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO 
                   SCHOOL-AGED CHILDREN.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     317T the following:

     ``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO 
                   SCHOOL-AGED CHILDREN.

       ``(a) Concussion Management Guidelines.--
       ``(1) Establishment.--Not later than 2 years after the date 
     of the enactment of this section, the Secretary shall 
     establish concussion management guidelines that address the 
     prevention, identification, treatment, and management of 
     concussions (as defined by the Secretary) in school-aged 
     children, including standards for such children to return to 
     play after experiencing such a concussion, and shall make 
     available such guidelines and standards to the general 
     public, including health professionals.
       ``(2) Conference.--The Secretary shall convene a conference 
     of medical, athletic, and educational stakeholders for 
     purposes of assisting in the establishment of the guidelines.
       ``(b) Grants to States.--
       ``(1) In general.--After establishing the guidelines under 
     subsection (a), the Secretary may make grants to States for 
     purposes of--
       ``(A) providing for the collection by target entities of 
     information on the incidence and prevalence of concussions 
     among school-aged children attending or participating in such 
     entities;
       ``(B) adopting, disseminating, and ensuring the 
     implementation by target entities of the guidelines;
       ``(C) funding implementation by target entities of pre-
     season baseline and post-injury testing, including 
     computerized testing, for school-aged children; and
       ``(D) any other activity or purpose specified by the 
     Secretary.
       ``(2) Grant applications.--
       ``(A) In general.--To be eligible to receive a grant under 
     this subsection, the Secretary shall require a State to 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary 
     shall require.
       ``(B) Minimum contents.--The Secretary shall require that 
     an application of a State under subparagraph (A) contain at a 
     minimum--
       ``(i) a description of the strategies the State will use to 
     disseminate, and ensure the implementation by target entities 
     of, the guidelines, including coordination with ongoing 
     State-based efforts to implement State laws governing youth 
     concussion management; and
       ``(ii) an agreement by the State to periodically provide 
     data to the Secretary with respect to the incidence of 
     concussions and second impact syndrome among school-aged 
     children in the State.
       ``(3) Utilization of high school sports associations, youth 
     sports associations, athletic trainer associations, and local 
     chapters of national brain injury organizations.--In 
     disseminating and ensuring the implementation by target 
     entities of the guidelines pursuant to a grant under this 
     subsection, the Secretary shall require States receiving 
     grants under this subsection to utilize, to the extent 
     practicable, applicable expertise and services offered by 
     high school sports associations, youth sports associations, 
     athletic trainer associations, and local chapters of national 
     brain injury organizations in such States.
       ``(c) Coordination of Activities.--In carrying out 
     activities under this section, the Secretary shall coordinate 
     in an appropriate manner with the heads of other Federal 
     departments and agencies that carry out activities related to 
     concussions and other traumatic brain injuries.
       ``(d) Reports.--
       ``(1) Establishment of the guidelines.--Not later than 2 
     years after the date of the enactment of this section, the 
     Secretary shall submit to the Congress a report on the 
     implementation of subsection (a).
       ``(2) Grant program and data collection.--Not later than 4 
     years after the date of the enactment of this section, the 
     Secretary shall submit to the Congress a report on the 
     implementation of subsection (b), including--
       ``(A) the number of States that have adopted the 
     guidelines;
       ``(B) the number of target entities that have implemented 
     pre-season baseline and post-injury testing, including 
     computerized testing, for school-aged children; and
       ``(C) the data collected with respect to the incidence of 
     concussions and second impact syndrome among school-aged 
     children.
       ``(e) Definitions.--In this section:
       ``(1) The term `guidelines' means the concussion management 
     guidelines established under subsection (a).
       ``(2) The term `return to play' means, with respect to a 
     school-aged child experiencing a concussion, the return of 
     such child to participating in the sport or other activity 
     related to such concussion.
       ``(3) The term `school-aged children' means individuals who 
     are at least 5 years of age and not more than 18 years of 
     age.
       ``(4) The term `second impact syndrome' means catastrophic 
     or fatal events that occur when an individual suffers a 
     concussion while symptomatic and healing from a previous 
     concussion.
       ``(5) The term `Secretary' means the Secretary of Health 
     and Human Services, acting through the Director of the 
     Centers for Disease Control and Prevention.
       ``(6) The term `State' means each of the 50 States and the 
     District of Columbia.
       ``(7) The term `target entity' means an elementary school, 
     a secondary school, or a youth sports association.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Texas (Mr. Burgess) will 
each control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.

[[Page H7184]]

  Mr. Speaker, H.R. 1347, or the ConTACT Act, will help to reduce the 
number of concussion-related injuries nationally by improving a 
school's ability to guide return-to-play decisions and by raising 
awareness for parents, students, health professionals, and others of 
the consequences of multiple concussions.
  I want to thank Mr. Shimkus and Mr. Barton for their willingness to 
work on this bill with me and, of course, thank the sponsor of the 
bill, my colleague from New Jersey (Mr. Pascrell) who has worked so 
hard on this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, H.R. 1347, the Concussion Treatment and 
Care Tools Act seeks to reduce the number of concussions sustained by 
our young people.
  According to the Centers for Disease Control and Prevention, a 
concussion is a type of traumatic brain injury. The Centers for Disease 
Control estimates that 1.7 million people sustain a traumatic brain 
injury each year. Some of these are sustained by children while they 
are playing sports. This bill will help reduce that number.
  The bill would require the Centers for Disease Control to develop 
model guidelines that address the prevention, identification, 
treatment, and management of concussions in school-age children, 
including standards for student athletes to return to play after a 
concussion.
  The bill also would direct the secretary to convene a conference of 
experts to develop the model guidelines. The secretary would be 
allowed, but not required, to award grants to States to help implement 
these guidelines. I must also note that the bill would ensure that the 
Centers for Disease Control uses its existing budget to award these 
grants if they deem them necessary. It does not create a separate 
funding source for these grants.
  I urge my colleagues to support the bill.
  I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the 
sponsor of the bill, my colleague from New Jersey (Mr. Pascrell). I 
just want to say he has worked tirelessly as an advocate for this bill, 
doing investigations and having a hearing that we held in the State of 
New Jersey. As you know, he was very aggressive in a very positive way 
to make sure this bill came to the floor.
  Mr. PASCRELL. Mr. Speaker, as you know, Speaker Pelosi gaveled in the 
110th Congress on behalf of America's children. Today I am proud to say 
the House will consider this bipartisan bill to protect our children in 
youth sports.
  As cochair of the Congressional Brain Injury Task Force with 
Congressman Platts from Pennsylvania, I have worked for the last 9 
years on the issue of brain injury for our troops, as well as those who 
are playing sports, all sports, men and women.
  Back then, we had no idea how prevalent brain jury would become for 
our youth. A study published this month in Pediatrics found that 
between 1997 and 2007, the number of children seeking emergency medical 
care for concussions doubled.
  To address this growing problem for schools, Congressman Todd Platts 
and I introduced the ConTACT Act, H.R. 1347, to create Federal 
guidelines on concussion management and a grant program for States to 
implement these policies.
  This bill is dedicated to kids like Ryne Dougherty, a constituent of 
mine who died after returning to a football game without recovering 
from a previous concussion, and Niki Popyer, who suffered over 11 
concussions from basketball. While we did not have the proper 
guidelines in place to protect them on the field of play, this bill 
would create Federal guidelines, not by the Congress but by 
professionals, to protect other student athletes so they can excel not 
only in sports but in school.
  I want to thank Speaker Pelosi, and I want to thank Majority Leader 
Hoyer for recognizing the importance of bringing this bill to the 
floor, and Chairman Waxman and Chairman Pallone for helping this 
particular bill through the committee process.
  I want to thank the organizations that supported the bill, that 
recognized its value for our citizens: The Brain Injury Association, 
Easter Seals, the NFL, the NFL Players Association, the Parkinson's 
Action Network, the National Athletic Trainers Association, the 
National Association of Head Injury Administrators, the New Jersey 
Council of General Hospitals, and the American College of 
Rehabilitation Medicine.
  This is a big deal for the kids that are our children, our 
grandchildren, throughout the United States. Thank you, Mr. Speaker, 
thank you, Mr. Chairman, and thank you, Mr. Minority Leader.
  Mr. CONYERS. Mr. Speaker, I rise in support of H.R. 1347, the 
``Concussion Treatment and Care Tools Act of 2009'' or the ``ConTACT 
Act of 2009.'' This legislation directs the Department of Health and 
Human Services, acting through the Centers for Disease Control and 
Prevention, to establish concussion management guidelines for 
preventing, identifying, treating, and managing concussions in children 
between the ages of 5 and 18.
  As Chairman of the Judiciary Committee, I convened four hearings and 
forums beginning on October 28, 2009 to examine and highlight the 
growing evidence linking concussions sustained while playing football 
to long-term brain damage.
  Brain injuries are the leading cause of death and disability for 
children in our Nation. According to research by The New York Times, at 
least 50 high school or younger football players in more than 20 States 
since 1997 have been killed or have sustained serious concussions on 
the football field.
  With 1.2 million high school athletes and approximately 3 million 
American youngsters between the ages of 6 and 14 playing tackle 
football, many kids continue to be at risk.
  The Centers for Disease Control and Prevention found that more than 
300,000 athletes lose consciousness from concussions every year in the 
United States, and that the total number of concussions could be as 
high as 3.8 million.
  Since most brains aren't fully developed until age 25, a concussion 
is even more dangerous for a youth than for an adult.
  Furthermore, a repeat concussion--one that occurs before the brain 
recovers from a previous concussion--can be even more devastating.
  Research indicates that younger, less-developed brains are at even 
greater risk of second-impact syndrome. This syndrome may include brain 
swelling, permanent brain damage, and death.
  Given that young athletes are more susceptible to second-impact 
syndrome, it is troubling that there is a shortage of trainers 
available to attend to young players on the football field.
  According to the National Athletic Trainers' Association, 58 percent 
of high schools nationwide do not have a certified athletic trainer 
available for players.
  And as former National Football League player Merril Hoge testified 
at our first hearing on football head injuries last year, trainers are 
virtually non-existent at the youth level, where he coaches his 
children.
  Even if high school or youth teams do have a sideline trainer 
available, these individuals often have little experience in the 
subtleties of concussion management.
  This fact may explain the alarming results of a recent study by the 
Center for Injury Research and Policy at Nationwide Children's Hospital 
in Columbus, Ohio. The study found that as many as 41 percent of high 
school athletes who suffer concussions on the field may be returning to 
play too soon.
  In part because of the Judiciary Committee's scrutiny, the National 
Football League has made significant changes with respect to concussion 
prevention, identification, treatment, and education. However, it is 
not clear whether these changes are filtering down to younger levels of 
football or to other contact sports.
  That is why I applaud Representative Bill Pascrell's effort to bring 
some nationwide uniformity for the management of concussions in school-
aged children. I urge my colleagues to support H.R. 1347.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers. I would 
yield back the balance of my time and urge passage of this important 
legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 1347, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BURGESS. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the

[[Page H7185]]

Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________