[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 248 Enrolled Bill (ENR)]
H.R.248
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To amend the Public Health Service Act to provide for the conduct of
expanded studies and the establishment of innovative programs with
respect to traumatic brain injury, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

792611cdf8b30b8a6d79410579f02538c813cbf11bcfe75bf97f2fd35edb7e6c

Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393 the following
section:
``prevention of traumatic brain injury
``Sec. 393A. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may carry
out projects to reduce the incidence of traumatic brain injury. Such
projects may be carried out by the Secretary directly or through awards
of grants or contracts to public or nonprofit private entities. The
Secretary may directly or through such awards provide technical
assistance with respect to the planning, development, and operation of
such projects.
``(b) Certain Activities.--Activities under subsection (a) may
include--
``(1) the conduct of research into identifying effective
strategies for the prevention of traumatic brain injury; and
``(2) the implementation of public information and education
programs for the prevention of such injury and for broadening the
awareness of the public concerning the public health consequences
of such injury.
``(c) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(d) 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 near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.''.

f40607193aba18883935405cd5a988341eacecf915d6962a641b8f63bdd925ed

Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following paragraph:
``(4) the authority to make awards of grants or contracts to
public or nonprofit private entities for the conduct of basic and
applied research regarding traumatic brain injury, which research
may include--
``(A) the development of new methods and modalities for the
more effective diagnosis, measurement of degree of injury,
post-injury monitoring and prognostic assessment of head injury
for acute, subacute and later phases of care;
``(B) the development, modification and evaluation of
therapies that retard, prevent or reverse brain damage after
acute head injury, that arrest further deterioration following
injury and that provide the restitution of function for
individuals with long-term injuries;
``(C) the development of research on a continuum of care
from acute care through rehabilitation, designed, to the extent
practicable, to integrate rehabilitation and long-term outcome
evaluation with acute care research; and
``(D) the development of programs that increase the
participation of academic centers of excellence in head injury
treatment and rehabilitation research and training.''; and
(2) in subsection (h), by adding at the end the following
paragraph:
``(4) 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.''.

635cf00e260d77f1a87f84b9e6c03357700aa1761813504cde6e6b229ab44b26

Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following section:
``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING
TRAUMATIC BRAIN INJURY.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants to
States for the purpose of carrying out demonstration projects to
improve access to health and other services regarding traumatic brain
injury.
``(b) State Advisory Board.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the State involved agrees to establish an
advisory board within the appropriate health department of the
State or within another department as designated by the chief
executive officer of the State.
``(2) Functions.--An advisory board established under paragraph
(1) shall advise and make recommendations to the State on ways to
improve services coordination regarding traumatic brain injury.
Such advisory boards shall encourage citizen participation through
the establishment of public hearings and other types of community
outreach programs. In developing recommendations under this
paragraph, such boards shall consult with Federal, State, and local
governmental agencies and with citizens groups and other private
entities.
``(3) Composition.--An advisory board established under
paragraph (1) shall be composed of--
``(A) representatives of--
``(i) the corresponding State agencies involved;
``(ii) public and nonprofit private health related
organizations;
``(iii) other disability advisory or planning groups
within the State;
``(iv) members of an organization or foundation
representing traumatic brain injury survivors in that
State; and
``(v) injury control programs at the State or local
level if such programs exist; and
``(B) a substantial number of individuals who are survivors
of traumatic brain injury, or the family members of such
individuals.
``(c) Matching Funds.--
``(1) In general.--With respect to the costs to be incurred by
a State in carrying out the purpose described in subsection (a),
the Secretary may make a grant under such subsection only if the
State agrees to make available, in cash, non-Federal contributions
toward such costs in an amount that is not less than $1 for each $2
of Federal funds provided under the grant.
``(2) Determination of amount contributed.--In determining the
amount of non-Federal contributions in cash that a State has
provided pursuant to paragraph (1), the Secretary may not include
any amounts provided to the State by the Federal Government.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
``(e) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Commerce of the House of Representatives, and to the Committee on
Labor and Human Resources of the Senate, a report describing the
findings and results of the programs established under this section,
including measures of outcomes and consumer and surrogate satisfaction.
``(g) 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 near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 1997 through 1999.''.

2d536ddaa97db2b98c5e4d1ad311a0af9bca5809570ac89d766755c731578e97

(a) Study.--
(1) In general.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
appropriate agencies of the Public Health Service, shall conduct a
study for the purpose of carrying out the following with respect to
traumatic brain injury:
(A) In collaboration with appropriate State and local
health-related agencies--
(i) determine the incidence and prevalence of traumatic
brain injury; and
(ii) develop a uniform reporting system under which
States report incidents of traumatic brain injury, if the
Secretary determines that such a system is appropriate.
(B) Identify common therapeutic interventions which are
used for the rehabilitation of individuals with such injuries,
and shall, subject to the availability of information, include
an analysis of--
(i) the effectiveness of each such intervention in
improving the functioning of individuals with brain
injuries;
(ii) 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
(iii) the adequacy of existing measures of outcomes and
knowledge of factors influencing differential outcomes.
(C) Develop practice guidelines for the rehabilitation of
traumatic brain injury at such time as appropriate scientific
research becomes available.
(2) Dates certain for reports.--
(A) Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Commerce of the House of Representatives, and to
the Committee on Labor and Human Resources of the Senate, a
report describing the findings made as a result of carrying out
paragraph (1)(A).
(B) Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to the Committees
specified in subparagraph (A) a report describing the findings
made as a result of carrying out subparagraphs (B) and (C) of
paragraph (1).
(b) Consensus Conference.--The Secretary, acting through the
Director of the National Center for Medical Rehabilitation Research
within the National Institute for Child Health and Human Development,
shall conduct a national consensus conference on managing traumatic
brain injury and related rehabilitation concerns.
(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 near drowning. The Secretary may revise the definition of
such term as the Secretary determines necessary.
(d) Authorizations of Appropriations.--For the purpose of carrying
out subsection (a)(1)(A), there is authorized to be appropriated
$3,000,000 for each of the fiscal years 1997 through 1999. For the
purpose of carrying out the other provisions of this section, there is
authorized to be appropriated an aggregate $500,000 for the fiscal
years 1997 through 1999. Amounts appropriated for such other provisions
remain available until expended.

8ba772e88d211d0711c2710012e441923cd0dce1b73cee34d72fca6c75d4a690

Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.), as amended by Public Law 104-146 (the Ryan White CARE Act
Amendments of 1996), is amended--
(1) in section 2626--
(A) in subsection (d), in the first sentence, by striking
``(1) through (5)'' and inserting ``(1) through (4)''; and
(B) in subsection (f), in the matter preceding paragraph
(1), by striking ``(1) through (5)'' and inserting ``(1)
through (4)''; and
(2) in section 2692--
(A) in subsection (a)(1)(A)--
(i) by striking ``title XXVI programs'' and inserting
``programs under this title''; and
(ii) by striking ``infection and''; and
(B) by striking subsection (c) and all that follows and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Schools; centers.--For the purpose of grants under
subsection (a), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1996 through 2000.
``(2) Dental schools.--For the purpose of grants under
subsection (b), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1996 through
2000.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

2eb54398bcc541ece345d886a1d03a18378ff012ed04b530047effe489687179

To amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes.

To amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes. — HR. 248

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