[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.
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