[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4238 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4238

To amend the Public Health Service Act to reauthorize certain programs 
  for individuals with traumatic brain injury, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2012

  Mr. Pascrell (for himself and Mr. Platts) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to reauthorize certain programs 
  for individuals with 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. SHORT TITLE.

    This Act may be cited as the ``Traumatic Brain Injury Act of 2012'' 
or the ``TBI Act of 2012''.

SEC. 2. TRAUMATIC BRAIN INJURY ACT REAUTHORIZATION.

    (a) Prevention and Control of Injuries.--
            (1) Prevention of traumatic brain injury.--Section 393B of 
        the Public Health Service Act (42 U.S.C. 280b-1c) is amended--
                    (A) in the heading, by striking ``prevention of 
                traumatic brain injury'' and inserting ``preventing, 
                recognizing, and responding to traumatic brain 
                injury'';
                    (B) in subsection (a), by striking ``to reduce the 
                incidence of'' and inserting ``that help prevent, 
                recognize, and respond to'';
                    (C) in subsection (b)(1), by striking ``for the 
                prevention of'' and inserting ``preventing, 
                recognizing, and responding to''; and
                    (D) in subsection (b)(3), by striking each place it 
                appears ``2010'' and inserting ``2020''.
            (2) National program for traumatic brain injury 
        surveillance and registries.--Section 393C(b) of such Act (42 
        U.S.C. 280b-1d(b)) is amended, in the first sentence--
                    (A) by striking ``18 months after the date of 
                enactment of the Traumatic Brain Injury Act of 2008'' 
                and inserting ``3 years after the date of the enactment 
                of Traumatic Brain Injury Act of 2012''; and
                    (B) by striking ``Veterans Affairs, shall submit'' 
                and all that follows through the period and inserting 
                ``Veterans Affairs, shall submit to the relevant 
                committees of Congress a report on Federal agency 
                collaboration, including collaboration within the 
                Department of Health and Human Service, with respect to 
                collecting and disseminating compatible epidemiological 
                studies on the incidence and prevalence of individuals 
                with traumatic brain injury who were formally in the 
                military and on treatment, prevention, and outreach 
                provided to such individuals. Such report shall include 
                efforts to standardize the clinical definition of 
                traumatic brain injury for use by all Federal 
                agencies.''.
            (3) Study on traumatic brain injury.--Section 393C-1 of 
        such Act (42 U.S.C. 280b-1e) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``and in consultation'' and 
                all that follows through ``conduct a study'' and 
                inserting ``and in consultation with the head of each 
                agency within the Department of Health and Human 
                Services (including the National Institutes of Health), 
                the Veterans Administration, the Department of Defense, 
                the Department of Transportation, the Department of 
                Education, the Department of Labor, and the Department 
                of Housing and Urban Development, and other appropriate 
                entities with respect to paragraphs (2), (3), and (4), 
                may conduct a studies''; and
                    (B) in subsection (b), by striking ``Traumatic 
                Brain Injury Act of 2008'' and inserting ``Traumatic 
                Brain Injury Act of 2012''.
            (4) Authorization of appropriations.--Section 394A of such 
        Act (42 U.S.C. 280b-3) is amended by striking ``$50,000,000'' 
        and all that follows through the period at the end and 
        inserting ``such sums as may be necessary for each of the 
        fiscal years 2013 through 2017.''.
    (b) Trauma Care.--
            (1) State grants for projects regarding traumatic brain 
        injury.--Section 1252 of such Act (42 U.S.C. 300d-52) is 
        amended--
                    (A) in the heading, by striking ``projects 
                regarding'';
                    (B) in subsection (a), by striking ``for the 
                purposes of carrying out projects'';
                    (C) in subsection (b)(3)--
                            (i) in subparagraph (A)(iii), by inserting 
                        ``, private,'' after ``public''; and
                            (ii) by adding at the end, after 
                        subparagraph (B), the following new sentence:
        ``Such an advisory board may include State entities that 
        administer funds provided under Federal laws related to 
        individuals with disabilities, including the Rehabilitation Act 
        of 1973, the Individuals with Disabilities Education Act, the 
        Older Americans Act of 1965, and titles V and XIX of the Social 
        Security Act.'';
                    (D) in subsection (e), by striking ``Traumatic 
                Brain Injury Act of 2008'' and inserting ``Traumatic 
                Brain Injury Act of 2012'';
                    (E) in subsection (f)(1)(A), by inserting 
                ``provide,'' after ``change,'';
                    (F) by amending subsection (g) to read as follows:
    ``(g) Coordination of Activities.--
            ``(1) In general.--The Secretary shall ensure that 
        activities under this section are--
                    ``(A) coordinated as appropriate with other Federal 
                agencies that carry out activities regarding traumatic 
                brain injury; and
                    ``(B) are consistent with priorities and 
                recommendations obtained from input from appropriate 
                stakeholders, including consumers, State and local 
                government agencies, professionals, and consumer and 
                professional organizations.
            ``(2) National plan.--The Secretary, in consultation with 
        individuals with traumatic brain injury, families of such 
        individuals, State and local government agencies, other Federal 
        agencies, appropriate professionals, and consumer and 
        professional organizations, shall, not later than the date that 
        is 3 years after the date of the enactment of the Traumatic 
        Brain Injury Act of 2012, establish and implement a national 
        plan for carrying out the activities under this section in 
        collaboration with other appropriate Federal, State, and local 
        agencies. The Secretary shall periodically review and revise 
        the plan as appropriate.'';
                    (G) in subsection (h), by adding at the end the 
                following new sentence: ``Such report shall be made 
                available to the public.'';
                    (H) in subsection (j), by striking ``2001 through 
                2005'' and all that follows through ``2009 through 
                2012.'' and inserting ``2012 through 2017''; and
                    (I) by adding at the end the following new 
                subsection:
    ``(k) Distribution and Amounts of Grants.--For purposes of awarding 
grants under this section with respect to a fiscal year 2013 or a 
subsequent fiscal year the following shall apply:
            ``(1) For the period beginning with the first such fiscal 
        year for which the total amount appropriated for grants under 
        this section is equal to at least such amount that would allow 
        for each applicant that would otherwise qualify for a grant 
        under this section to receive such a grant in an amount of at 
        least $100,000 and ending with the first such fiscal year 
        described in paragraph (2), the Secretary shall award a grant 
        under this section to each such applicant in equal amounts.
            ``(2) Beginning with the first such fiscal year for which 
        the total amount appropriated for grants under this section is 
        equal to at least such amount that would allow for each 
        applicant that would otherwise qualify for a grant under this 
        section to receive such a grant in an amount of at least 
        $250,000, the Secretary shall award a grant under this section 
        to each such applicant in an amount determined according to a 
        formula specified by the Secretary that is based on the 
        population of the applicant, with applicants with larger 
        populations receiving grants of proportionately greater amounts 
        than applicants with smaller populations.''.
            (2) State grants for protection and advocacy services.--
        Section 1253 of such Act (42 U.S.C. 300d-53) is amended--
                    (A) subsection (d)(1), by striking ``within 
                States'';
                    (B) in subsection (e)(1), by striking ``a 
                protection and advocacy system within each State'' and 
                inserting ``each protection and advocacy system'';
                    (C) in subsection (g), by striking ``each fiscal 
                year not later than October 1'' and inserting ``for 
                each fiscal year beginning on October 1'';
                    (D) in subsection (h)--
                            (i) in the heading, by inserting ``to the 
                        Administrator'' after ``Annual Report''; and
                            (ii) by inserting ``, in accordance, to the 
                        greatest extent practicable, with the uniform 
                        model format created under subsection (i),'' 
                        after ``the Administrator'';
                    (E) by amending subsection (i) to read as follows:
    ``(i) Uniform Format for Annual Reports.--The Administrator of the 
Health Resources and Services Administration and the Commissioner of 
the Administration on Developmental Disabilities shall enter into an 
agreement to create a uniform model format for the annual reports 
submitted under subsection (h).'';
                    (F) in subsection (k)--
                            (i) in the heading, by striking 
                        ``Authority'' and inserting ``Rights and 
                        Authorities'';
                            (ii) by inserting ``general rights and'' 
                        after ``the same'';
                            (iii) by adding at the end the following 
                        new sentence: ``Additionally, each protection 
                        and advocacy system when providing services 
                        shall have access to medical centers of the 
                        Department of Veterans Affairs and other 
                        related treatment facilities, both inpatient 
                        and outpatient, and residential facilities to 
                        provide training to residents and staff, 
                        advocate for clients, provide information and 
                        referrals to residents, work with residents on 
                        discharge planning, and monitor and investigate 
                        conditions and treatment.'';
                    (G) in subsection (l), by striking each of ``2001'' 
                and ``2009 through 2012'' and inserting ``2013'' and 
                ``2014 through 2017'', respectively; and
                    (H) in subsection (m)--
                            (i) in paragraph (1), by striking 
                        ``Developmental Disabilities Assistance Bill of 
                        Rights Act (42 U.S.C. 6042 et seq.)'' and 
                        inserting ``Developmental Disabilities 
                        Assistance and Bill of Rights Act of 2000 (42 
                        U.S.C. 15041 et seq.)''; and
                            (ii) in paragraph (2), by striking 
                        ``Developmental Disabilities Assistance and 
                        Bill of Rights Act (42 U.S.C. 6042 et seq.)'' 
                        and inserting ``Developmental Disabilities 
                        Assistance and Bill of Rights Act of 2000 (42 
                        U.S.C. 15041 et seq.)''.
            (3) Interagency program for trauma research.--Section 1261 
        of such Act (42 U.S.C. 300d-61) is amended--
                    (A) in subsection (d)(4)--
                            (i) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (ii) by redesignating subparagraph (E) as 
                        subparagraph (F);
                            (iii) in subparagraph (F), as redesignated 
                        by clause (ii), by striking ``through (D)'' and 
                        inserting ``through (E)''; and
                            (iv) by inserting after subparagraph (D), 
                        the following new subparagraph:
                    ``(E) the conduct of studies specific to the needs 
                of children and youth with traumatic brain injury with 
                regard to identification, diagnosis, and treatment of 
                traumatic brain injury, transition to home and 
                community, and short-term and long-term outcomes; 
                and''; and
                    (B) in subsection (i), by striking ``2012'' and 
                inserting ``2017''.
                                 <all>