I 112th CONGRESS 2d Session H. R. 4238 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.

1.

Short title

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

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.