[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 793 Engrossed in Senate (ES)]
110th CONGRESS
1st Session
S. 793
_______________________________________________________________________
AN ACT
To provide for the expansion and improvement of traumatic brain injury
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reauthorization of the Traumatic
Brain Injury Act''.
SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.
Part 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.
SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE
CONTROL AND PREVENTION.
(a) Prevention of Traumatic Brain Injury.--Clause (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
Registries.--Section 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) Report.--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
Reauthorization of the Traumatic Brain Injury Act, 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, the Department of Defense, and the
Department of Veterans Affairs to improve the collection and
dissemination of compatible epidemiological studies on the incidence
and prevalence of traumatic brain injury in the military and veterans
populations who return to civilian life. 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.''.
SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.
Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393C the following:
``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.
``(a) Study.--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 Reports.--If the study is conducted under
subsection (a), the Secretary shall, not later than 3 years after the
date of the enactment of the Reauthorization of the Traumatic Brain
Injury Act, submit to Congress a report describing findings made as a
result of carrying out such subsection (a).
``(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 trauma including near drowning. The
Secretary may revise the definition of such term as the Secretary
determines necessary.''.
SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES OF
HEALTH.
Section 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 fiscal years 2008 through 2011''
before the period at the end.
SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES AND
SERVICES ADMINISTRATION.
(a) State Grants for Demonstration Projects Regarding Traumatic
Brain Injury.--Section 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), 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 Reauthorization of the Traumatic Brain Injury Act 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'';
(C) in clause (ii) of paragraph (1)(A), by striking
``children and other individuals'' and inserting
``children, youth, and adults''; and
(D) in subsection (h)--
(i) 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'';
(ii) 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
(iii) by inserting ``and section 1253''
after ``programs established under this
section,'';
(6) by amending subsection (i) to read as follows:
``(i) Definitions.--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
(7) in subsection (j), by inserting ``, and such sums as
may be necessary for each of the fiscal years 2008 through
2011'' before the period.
(b) State Grants for Protection and Advocacy Services.--Section
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) Data Collection.--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) Grants.--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) Definition.--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) System Authority.--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 ``2005'' and inserting ``2011''.
SEC. 7. GAO STUDY WITH RESPECT TO MEMBERS OF THE ARMED FORCES.
(a) In General.--The Comptroller General of the United States shall
conduct a study regarding members of the armed forces who have acquired
a disability resulting from a traumatic brain injury incurred while
serving in Operation Enduring Freedom and Operation Iraqi Freedom. Such
study shall examine how these individuals are being reintegrated into
their communities, including--
(1) what is known about this population; and
(2) what challenges they may face in returning to their
communities, such as accessing employment, housing,
transportation, and community care programs, and coordinating
benefits.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Veterans' Affairs and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Veterans' Affairs and the Committee on Education and the Workforce of
the House of Representatives, a report summarizing the results of the
study conducted under subsection (a).
Passed the Senate December 11, 2007.
Attest:
Secretary.
110th CONGRESS
1st Session
S. 793
_______________________________________________________________________
AN ACT
To provide for the expansion and improvement of traumatic brain injury
programs.