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.
Short title
This Act may be cited as
the Traumatic Brain Injury Act of
2006
.
Programs of centers for disease control and prevention
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
.
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—
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
by amending section 393B—
in the section
heading, by inserting surveillance and
after
national program for
traumatic brain injury
;
by striking
(a) In
General.—
; and
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—
.
Authorization of appropriations
Section 394A of the Public Health Service Act (42 U.S.C. 280b–3) is amended—
by striking
For the purpose
and inserting (a) For the
purpose
;
by striking
and
after for fiscal year 1994;
;
by
striking and
after through 1998,
;
by striking the second period at the end; and
by
inserting , and such sums as may be necessary for each of fiscal years
2006 through 2010
before the period at the end.
Programs of national institutes of health
Section 1261 of the Public Health Service Act (42 U.S.C. 300d–61) is amended—
in subparagraph
(D) of subsection (d)(4), by striking head brain injury
and
inserting brain injury
; and
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.
Study on traumatic brain injury
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:
Study on traumatic brain injury
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:
In collaboration with appropriate State and local health-related agencies—
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
collecting, maintaining, and reporting national trends in traumatic brain injury.
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—
the effectiveness of each such intervention in improving the functioning, including return to work or school and community participation, of individuals with brain injuries;
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
the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes.
Developing practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available.
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).
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.
.
Conforming amendment
Public Law 104–166 (42 U.S.C. 300d–61 note) is amended by striking section 4.
Programs of health resources and services administration
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—
in subsection (a)—
by striking
may make grants to States
and inserting may make grants
to States and American Indian consortia
; and
by striking
health and other services
and inserting rehabilitation
and other services
;
in subsection (b)—
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
in paragraph (2),
by striking recommendations to the State
and inserting
recommendations to the State or American Indian
consortium
;
in subsection (c)—
by striking the
term State
each place such term appears and inserting
State or American Indian consortium
; and
in paragraph (1),
by striking each $2
and inserting each
$5
;
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.
;
in subsection (f)—
in the subsection
heading, by inserting and
American Indian consortium
after
State
;
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
;
in clause (ii) of
paragraph (1)(A), by striking children and other individuals
and
inserting children, youth, and adults
; and
in subsection (h)—
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
by
inserting section 1253, and section 1254,
after programs
established under this section,
;
by amending subsection (i) to read as follows:
Definitions
For purposes of this section:
The terms American Indian consortium and State have the meanings given to those terms in section 1253.
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
in subsection (j),
by inserting , and such sums as may be necessary for each of the fiscal
years 2006 through 2010
before the period.
State grants for protection and advocacy services
Section 1253 of the Public Health Service Act (42 U.S.C. 300d–53) is amended—
in subsections (d)
and (e), by striking the term subsection (i) each place such term
appears and inserting subsection (l)
;
in subsection (g),
by inserting each fiscal year not later than October 1,
before
the Administrator shall pay
;
by redesignating subsections (i) and (j) as subsections (l) and (m), respectively;
by inserting after subsection (h) the following:
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.
Training and technical assistance
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.
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.
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
in subsection (l) (as redesignated by this subsection)—
by striking
and
after fiscal year 2001,
; and
by inserting
and such sums as may be necessary for each of the fiscal years 2006
through 2010
.