I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Traumatic Brain In5 jury Act of 2012’’ or the ‘‘TBI Act of 2012’’. 

6 SEC. 2. TRAUMATIC BRAIN INJURY ACT REAUTHORIZA7 TION. 

8 (a) PREVENTION AND CONTROL OF INJURIES.— 


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1 (1) PREVENTION OF TRAUMATIC BRAIN IN2 JURY.—Section 393B of the Public Health Service 

3 Act (42 U.S.C. 280b–1c) is amended— 

4 (A) in the heading, by striking ‘‘PREVEN5 TION OF TRAUMATIC BRAIN INJURY’’ and 

6 inserting ‘‘PREVENTING, RECOGNIZING, 

7 AND RESPONDING TO TRAUMATIC BRAIN

8 INJURY’’; 

9 (B) in subsection (a), by striking ‘‘to re10 duce the incidence of’’ and inserting ‘‘that help 

11 prevent, recognize, and respond to’’; 

12 (C) in subsection (b)(1), by striking ‘‘for 

13 the prevention of’’ and inserting ‘‘preventing, 

14 recognizing, and responding to’’; and 

15 (D) in subsection (b)(3), by striking each 

16 place it appears ‘‘2010’’ and inserting ‘‘2020’’. 

17 (2) NATIONAL PROGRAM FOR TRAUMATIC

18 BRAIN INJURY SURVEILLANCE AND REGISTRIES.— 

19 Section 393C(b) of such Act (42 U.S.C. 280b– 

20 1d(b)) is amended, in the first sentence— 

21 (A) by striking ‘‘18 months after the date 

22 of enactment of the Traumatic Brain Injury 

23 Act of 2008’’ and inserting ‘‘3 years after the 

24 date of the enactment of Traumatic Brain In25 jury Act of 2012’’; and 


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1 (B) by striking ‘‘Veterans Affairs, shall 

2 submit’’ and all that follows through the period 

3 and inserting ‘‘Veterans Affairs, shall submit to 

4 the relevant committees of Congress a report on 

5 Federal agency collaboration, including collabo6 ration within the Department of Health and 

7 Human Service, with respect to collecting and 

8 disseminating compatible epidemiological stud9 ies on the incidence and prevalence of individ10 uals with traumatic brain injury who were for11 mally in the military and on treatment, preven12 tion, and outreach provided to such individuals. 

13 Such report shall include efforts to standardize 

14 the clinical definition of traumatic brain injury 

15 for use by all Federal agencies.’’. 

16 (3) STUDY ON TRAUMATIC BRAIN INJURY.— 

17 Section 393C–1 of such Act (42 U.S.C. 280b–1e) is 

18 amended— 

19 (A) in subsection (a), in the matter pre20 ceding paragraph (1), by striking ‘‘and in con21 sultation’’ and all that follows through ‘‘conduct 

22 a study’’ and inserting ‘‘and in consultation 

23 with the head of each agency within the De24 partment of Health and Human Services (in25 cluding the National Institutes of Health), the 


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1 Veterans Administration, the Department of 

2 Defense, the Department of Transportation, the 

3 Department of Education, the Department of 

4 Labor, and the Department of Housing and 

5 Urban Development, and other appropriate en6 tities with respect to paragraphs (2), (3), and 

7 (4), may conduct a studies’’; and 

8 (B) in subsection (b), by striking ‘‘Trau9 matic Brain Injury Act of 2008’’ and inserting 

10 ‘‘Traumatic Brain Injury Act of 2012’’. 

11 (4) AUTHORIZATION OF APPROPRIATIONS.— 

12 Section 394A of such Act (42 U.S.C. 280b–3) is 

13 amended by striking ‘‘$50,000,000’’ and all that fol14 lows through the period at the end and inserting 

15 ‘‘such sums as may be necessary for each of the fis16 cal years 2013 through 2017.’’. 

17 (b) TRAUMA CARE.— 

18 (1) STATE GRANTS FOR PROJECTS REGARDING

19 TRAUMATIC BRAIN INJURY.—Section 1252 of such 

20 Act (42 U.S.C. 300d–52) is amended— 

21 (A) in the heading, by striking 

22 ‘‘PROJECTS REGARDING’’; 

23 (B) in subsection (a), by striking ‘‘for the 

24 purposes of carrying out projects’’; 

25 (C) in subsection (b)(3)— 


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1 (i) in subparagraph (A)(iii), by insert2 ing ‘‘, private,’’ after ‘‘public’’; and 

3 (ii) by adding at the end, after sub4 paragraph (B), the following new sentence: 

5 ‘‘Such an advisory board may include State entities 

6 that administer funds provided under Federal laws 

7 related to individuals with disabilities, including the 

8 Rehabilitation Act of 1973, the Individuals with Dis9 abilities Education Act, the Older Americans Act of 

10 1965, and titles V and XIX of the Social Security 

11 Act.’’; 

12 (D) in subsection (e), by striking ‘‘Trau13 matic Brain Injury Act of 2008’’ and inserting 

14 ‘‘Traumatic Brain Injury Act of 2012’’; 

15 (E) in subsection (f)(1)(A), by inserting 

16 ‘‘provide,’’ after ‘‘change,’’; 

17 (F) by amending subsection (g) to read as 

18 follows: 

19 ‘‘(g) COORDINATION OF ACTIVITIES.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

21 that activities under this section are— 

22 ‘‘(A) coordinated as appropriate with other 

23 Federal agencies that carry out activities re24 garding traumatic brain injury; and 


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1 ‘‘(B) are consistent with priorities and rec2 ommendations obtained from input from appro3 priate stakeholders, including consumers, State 

4 and local government agencies, professionals, 

5 and consumer and professional organizations. 

6 ‘‘(2) NATIONAL PLAN.—The Secretary, in con7 sultation with individuals with traumatic brain in8 jury, families of such individuals, State and local 

9 government agencies, other Federal agencies, appro10 priate professionals, and consumer and professional 

11 organizations, shall, not later than the date that is 

12 3 years after the date of the enactment of the Trau13 matic Brain Injury Act of 2012, establish and imple14 ment a national plan for carrying out the activities 

15 under this section in collaboration with other appro16 priate Federal, State, and local agencies. The Sec17 retary shall periodically review and revise the plan as 

18 appropriate.’’; 

19 (G) in subsection (h), by adding at the end 

20 the following new sentence: ‘‘Such report shall 

21 be made available to the public.’’; 

22 (H) in subsection (j), by striking ‘‘2001 

23 through 2005’’ and all that follows through 

24 ‘‘2009 through 2012.’’ and inserting ‘‘2012 

25 through 2017’’; and 


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1 (I) by adding at the end the following new 

2 subsection: 

3 ‘‘(k) DISTRIBUTION AND AMOUNTS OF GRANTS.— 

4 For purposes of awarding grants under this section with 

5 respect to a fiscal year 2013 or a subsequent fiscal year 

6 the following shall apply: 

7 ‘‘(1) For the period beginning with the first 

8 such fiscal year for which the total amount appro9 priated for grants under this section is equal to at 

10 least such amount that would allow for each appli11 cant that would otherwise qualify for a grant under 

12 this section to receive such a grant in an amount of 

13 at least $100,000 and ending with the first such fis14 cal year described in paragraph (2), the Secretary 

15 shall award a grant under this section to each such 

16 applicant in equal amounts. 

17 ‘‘(2) Beginning with the first such fiscal year 

18 for which the total amount appropriated for grants 

19 under this section is equal to at least such amount 

20 that would allow for each applicant that would oth21 erwise qualify for a grant under this section to re22 ceive such a grant in an amount of at least 

23 $250,000, the Secretary shall award a grant under 

24 this section to each such applicant in an amount de25 termined according to a formula specified by the 


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1 Secretary that is based on the population of the ap2 plicant, with applicants with larger populations re3 ceiving grants of proportionately greater amounts 

4 than applicants with smaller populations.’’. 

5 (2) STATE GRANTS FOR PROTECTION AND AD6 VOCACY SERVICES.—Section 1253 of such Act (42 

7 U.S.C. 300d–53) is amended— 

8 (A) subsection (d)(1), by striking ‘‘within 

9 States’’; 

10 (B) in subsection (e)(1), by striking ‘‘a 

11 protection and advocacy system within each 

12 State’’ and inserting ‘‘each protection and advo13 cacy system’’; 

14 (C) in subsection (g), by striking ‘‘each fis15 cal year not later than October 1’’ and inserting 

16 ‘‘for each fiscal year beginning on October 1’’; 

17 (D) in subsection (h)— 

18 (i) in the heading, by inserting ‘‘TO

19 THE ADMINISTRATOR’’ after ‘‘ANNUAL RE20 PORT’’; and 

21 (ii) by inserting ‘‘, in accordance, to 

22 the greatest extent practicable, with the 

23 uniform model format created under sub24 section (i),’’ after ‘‘the Administrator’’; 


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1 (E) by amending subsection (i) to read as 

2 follows: 

3 ‘‘(i) UNIFORM FORMAT FOR ANNUAL REPORTS.— 

4 The Administrator of the Health Resources and Services 

5 Administration and the Commissioner of the Administra6 tion on Developmental Disabilities shall enter into an 

7 agreement to create a uniform model format for the an8 nual reports submitted under subsection (h).’’; 

9 (F) in subsection (k)— 

10 (i) in the heading, by striking ‘‘AU11 THORITY’’ and inserting ‘‘RIGHTS AND AU12 THORITIES’’; 

13 (ii) by inserting ‘‘general rights and’’ 

14 after ‘‘the same’’; 

15 (iii) by adding at the end the fol16 lowing new sentence: ‘‘Additionally, each 

17 protection and advocacy system when pro18 viding services shall have access to medical 

19 centers of the Department of Veterans Af20 fairs and other related treatment facilities, 

21 both inpatient and outpatient, and residen22 tial facilities to provide training to resi23 dents and staff, advocate for clients, pro24 vide information and referrals to residents, 

25 work with residents on discharge planning, 


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1 and monitor and investigate conditions and 

2 treatment.’’; 

3 (G) in subsection (l), by striking each of 

4 ‘‘2001’’ and ‘‘2009 through 2012’’ and insert5 ing ‘‘2013’’ and ‘‘2014 through 2017’’, respec6 tively; and 

7 (H) in subsection (m)— 

8 (i) in paragraph (1), by striking ‘‘De9 velopmental Disabilities Assistance Bill of 

10 Rights Act (42 U.S.C. 6042 et seq.)’’ and 

11 inserting ‘‘Developmental Disabilities As12 sistance and Bill of Rights Act of 2000 (42 

13 U.S.C. 15041 et seq.)’’; and 

14 (ii) in paragraph (2), by striking ‘‘De15 velopmental Disabilities Assistance and 

16 Bill of Rights Act (42 U.S.C. 6042 et 

17 seq.)’’ and inserting ‘‘Developmental Dis18 abilities Assistance and Bill of Rights Act 

19 of 2000 (42 U.S.C. 15041 et seq.)’’. 

20 (3) INTERAGENCY PROGRAM FOR TRAUMA RE21 SEARCH.—Section 1261 of such Act (42 U.S.C. 

22 300d–61) is amended— 

23 (A) in subsection (d)(4)— 

24 (i) in subparagraph (D), by striking 

25 ‘‘and’’ at the end; 


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1 (ii) by redesignating subparagraph 

2 (E) as subparagraph (F); 

3 (iii) in subparagraph (F), as redesig4 nated by clause (ii), by striking ‘‘through 

5 (D)’’ and inserting ‘‘through (E)’’; and 

6 (iv) by inserting after subparagraph 

7 (D), the following new subparagraph: 

8 ‘‘(E) the conduct of studies specific to the 

9 needs of children and youth with traumatic 

10 brain injury with regard to identification, diag11 nosis, and treatment of traumatic brain injury, 

12 transition to home and community, and short13 term and long-term outcomes; and’’; and 

14 (B) in subsection (i), by striking ‘‘2012’’ 

15 and inserting ‘‘2017’’. 

Æ 


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