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,
SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND
PREVENTION.
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, develop-
ment, and operation of such projects.
‘‘(b) CERTAIN ACTIVITIES.—Activities under subsection (a) may
include—
‘‘(1) the conduct of research into identifying effective strate-
gies 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 con-
sequences 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 ‘trau-
matic 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.’’.
SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d–
61) is amended—
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(1) in subsection (d)—
(A) in paragraph (2), by striking ‘‘and’’ after the semi-
colon at the end;
(B) in paragraph (3), by striking the period and insert-
ing ‘‘; 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 dysfunc-
tion 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.’’.
SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINIS-
TRATION.
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 REGARD-
ING TRAUMATIC BRAIN INJURY.
‘‘(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator 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
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State on ways to improve services coordination regarding trau-
matic 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 con-
sult 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 survi-
vors 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 deter-
mining 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 Commit-
tee 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 ‘trau-
matic 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
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(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 con-
cerns.
(c) DEFINITION.—For purposes of this section, the term ‘‘trau-
matic 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 appro-
priated $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.
SEC. 5. TECHNICAL AMENDMENTS.
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:
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‘‘(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.