110th CONGRESS
2d Session
In the House of Representatives, U.
S.,
April 8, 2008
AMENDMENT:
That the bill from the
Senate (S. 793) entitled An Act to provide for the expansion and
improvement of traumatic brain injury programs
, do pass with the
following
Strike out all after the enacting clause and
insert:
1.This Act may be cited as the
Traumatic Brain Injury Act of 2008
.
2.Conforming amendments
relating to restructuringPart
J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended—
(1)by redesignating the
section 393B (42 U.S.C. 280b–1c) relating to the use of allotments for rape
prevention education, as section 393A and moving such section so that it
follows section 393;
(2)by redesignating existing
section 393A (42 U.S.C. 280b–1b) relating to prevention of traumatic brain
injury, as section 393B; and
(3)by redesignating the
section 393B (42 U.S.C. 280b–1d) relating to traumatic brain injury registries,
as section 393C.
3.Traumatic brain injury
programs of the centers for Disease Control and Prevention
(a)Prevention of Traumatic
Brain InjuryClause (ii) of section 393B(b)(3)(A) of the
Public Health Service Act, as so
redesignated, (42 U.S.C. 280b–1b) is amended by striking from hospitals
and trauma centers
and inserting from hospitals and emergency
departments
.
(b)National Program for
Traumatic Brain Injury Surveillance and RegistriesSection 393C
of the Public Health Service Act, as
so redesignated, (42 U.S.C. 280b et seq.) is amended—
(1)in the section heading,
by inserting surveillance and
after
national program for
traumatic brain injury
; and
(2)in subsection (a), 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 injury and related
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—
.
(c)Section
393C of the Public Health Service Act (as so redesignated) is amended by adding
at the end the following:
(b)Not later than 18 months
after the date of enactment of the Traumatic Brain Injury Act of 2008, the
Secretary, acting through the Director of the Centers for Disease Control and
Prevention and the Director of the National Institutes of Health and in
consultation with the Secretary of Defense and the Secretary of Veterans
Affairs, shall submit to the relevant committees of Congress a report that
contains the findings derived from an evaluation concerning activities and
procedures that can be implemented by the Centers for Disease Control and
Prevention to improve the collection and dissemination of compatible
epidemiological studies on the incidence and prevalence of traumatic brain
injury in individuals who were formerly in the military. The report shall
include recommendations on the manner in which such agencies can further
collaborate on the development and improvement of traumatic brain injury
diagnostic tools and
treatments.
.
4.Study on traumatic brain
injuryPart J of title III of
the Public Health Service Act (42
U.S.C. 280b et seq.) is amended by inserting after section 393C, as so
redesignated, the following:
393C–1.Study on traumatic
brain injury
(a)The
Secretary, acting through the Director of the Centers for Disease Control and
Prevention with respect to paragraph (1) and in consultation with the Director
of the National Institutes of Health and other appropriate entities with
respect to paragraphs (2), (3), and (4), may conduct a study with respect to
traumatic brain injury for the purpose of carrying out the following:
(1)In collaboration with
appropriate State and local health-related agencies—
(A)determining the incidence
of traumatic brain injury and prevalence of traumatic brain injury related
disability and the clinical aspects of the disability in all age groups and
racial and ethnic minority 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
(B)reporting national trends
in traumatic brain injury.
(2)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—
(A)the effectiveness of each
such intervention in improving the functioning, including return to work or
school and community participation, of individuals with brain injuries;
(B)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
(C)the adequacy of existing
measures of outcomes and knowledge of factors influencing differential
outcomes.
(3)Identifying interventions
and therapies that can prevent or remediate the development of secondary
neurologic conditions related to traumatic brain injury.
(4)Developing practice
guidelines for the rehabilitation of traumatic brain injury at such time as
appropriate scientific research becomes available.
(b)Dates Certain for
ReportsIf the study is conducted under subsection (a), the
Secretary shall, not later than 3 years after the date of the enactment of the
Traumatic Brain Injury Act of 2008, submit to Congress a report describing
findings made as a result of carrying out such subsection (a).
(c)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 including near drowning.
The Secretary may revise the definition of such term as the Secretary
determines
necessary.
.
5.Traumatic brain injury
programs of the national institutes of healthSection 1261 of the
Public Health Service Act (42 U.S.C.
300d–61) is amended—
(1)in subsection (b)(2), by striking
Labor and Human Resources
and inserting Health,
Education, Labor, and Pensions
;
(2)in subparagraph (D) of
subsection (d)(4), by striking head brain injury
and inserting
brain injury
; and
(3)in subsection (i), by
inserting , and such sums as may be necessary for each of the fiscal
years 2009 through 2012
before the period at the end.
6.Traumatic brain injury
programs of the health resources and services administration
(a)State Grants for
Demonstration Projects Regarding Traumatic Brain InjurySection
1252 of the Public Health Service Act
(42 U.S.C. 300d–52) is amended—
(1)in subsection (a)—
(A)by striking may
make grants to States
and inserting may make grants to States
and American Indian consortia
; and
(B)by striking health
and other services
and inserting rehabilitation and other
services
;
(2)in subsection (b)—
(A)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
(B)in paragraph (2), by
striking recommendations to the State
and inserting
recommendations to the State or American Indian
consortium
;
(3)in subsection (c)(1), by
striking the term State each place such term appears and inserting
State or American Indian consortium
;
(4)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 2008 may complete the activities funded by the
grant.
;
(5)in subsection (f)—
(A)in the subsection
heading, by inserting and American
Indian Consortium
after State
;
(B)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
;
and
(C)in clause (ii) of
paragraph (1)(A), by striking children and other individuals
and
inserting children, youth, and adults
;
(6)in subsection (h)—
(A)by striking Not
later than 2 years after the date of the enactment of this section, the
Secretary
and inserting Not less than biennially, the
Secretary
;
(B)by striking
Commerce of the House of Representatives, and to the Committee on Labor
and Human Resources
and inserting Energy and Commerce of the
House of Representatives, and to the Committee on Health, Education, Labor, and
Pensions
; and
(C)by inserting and
section 1253
after programs established under this
section,
;
(7)by amending subsection
(i) to read as follows:
(i)For
purposes of this section:
(1)The terms American
Indian consortium and State have the meanings given to
those terms in section 1253.
(2)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, after consultation with States and other appropriate
public or nonprofit private entities.
;
and
(8)in subsection (j), by
inserting , and such sums as may be necessary for each of the fiscal
years 2009 through 2012
before the period.
(b)State Grants for
Protection and Advocacy ServicesSection 1253 of the
Public Health Service Act (42 U.S.C.
300d–53) is amended—
(1)in subsections (d) and
(e), by striking the term subsection (i) each place such term
appears and inserting subsection (l)
;
(2)in subsection (g), by
inserting each fiscal year not later than October 1,
before
the Administrator shall pay
;
(3)by redesignating
subsections (i) and (j) as subsections (l) and (m), respectively;
(4)by inserting after
subsection (h) the following:
(i)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.
(j)Training and Technical
Assistance
(1)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.
(2)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.
(k)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
(5)in subsection (l) (as
redesignated by this subsection) by striking 2002 through 2005
and inserting 2009 through 2012
.
Lorraine Miller
Clerk.