
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 1304]
[CITE: 42USC300d-52]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                        SUBCHAPTER X--TRAUMA CARE
 
                     Part E--Miscellaneous Programs
 
Sec. 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) of this 
    section 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) of this section, 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) of this section 
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 July 29, 1996, 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) ``Traumatic brain injury'' defined

    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.

(July 1, 1944, ch. 373, title XII, Sec. 1252, as added Pub. L. 104-166, 
Sec. 3, July 29, 1996, 110 Stat. 1446.)
