[104th Congress Public Law 166]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ166.104]
[[Page 110 STAT. 1445]]
Public Law 104-166
104th Congress
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. <<NOTE: July
29, 1996 - [H.R. 248]>>
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. <<NOTE: 42 USC 280b-1b.>> (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.''.
SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is
amended--
[[Page 110 STAT. 1446]]
(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.''.
SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
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. <<NOTE: 42 USC 300d-52.>> 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
[[Page 110 STAT. 1447]]
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
[[Page 110 STAT. 1448]]
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.''.
SEC. 4. <<NOTE: 42 USC 300d-61 note.>> STUDY; CONSENSUS CONFERENCE.
(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).
[[Page 110 STAT. 1449]]
(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.
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) <<NOTE: Ante, p. 1369.>> 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) <<NOTE: Ante, p. 1363.>> 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:
[[Page 110 STAT. 1450]]
``(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.''.
Approved July 29, 1996.
LEGISLATIVE HISTORY--H.R. 248:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 104-652 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 9, considered and passed House.
July 12, considered and passed Senate.
<all>