I 

110TH CONGRESS 

1ST SESSION S. 793 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2007 

Referred to the Committee on Energy and Commerce 

AN ACT 

To provide for the expansion and improvement of traumatic 

brain injury programs. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reauthorization of the 

3 Traumatic Brain Injury Act’’. 

4 SEC. 2. CONFORMING AMENDMENTS RELATING TO RE5 STRUCTURING. 

6 Part J of title III of the Public Health Service Act 

7 (42 U.S.C. 280b et seq.) is amended— 

8 (1) by redesignating the section 393B (42 

9 U.S.C. 280b–1c) relating to the use of allotments for 

10 rape prevention education, as section 393A and mov11 ing such section so that it follows section 393; 

12 (2) by redesignating existing section 393A (42 

13 U.S.C. 280b–1b) relating to prevention of traumatic 

14 brain injury, as section 393B; and 

15 (3) by redesignating the section 393B (42 

16 U.S.C. 280b–1d) relating to traumatic brain injury 

17 registries, as section 393C. 

18 SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE 

19 CENTERS FOR DISEASE CONTROL AND PRE20 VENTION. 

21 (a) PREVENTION OF TRAUMATIC BRAIN INJURY.— 

22 Clause (ii) of section 393B(b)(3)(A) of the Public Health 

23 Service Act, as so redesignated, (42 U.S.C. 280b–1b) is 

24 amended by striking ‘‘from hospitals and trauma centers’’ 

25 and inserting ‘‘from hospitals and emergency depart26 ments’’. 


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1 (b) NATIONAL PROGRAM FOR TRAUMATIC BRAIN IN2 JURY SURVEILLANCE AND REGISTRIES.—Section 393C of 

3 the Public Health Service Act, as so redesignated, (42 

4 U.S.C. 280b et seq.) is amended— 

5 (1) in the section heading, by inserting ‘‘SUR6 VEILLANCE AND’’ after ‘‘NATIONAL PROGRAM

7 FOR TRAUMATIC BRAIN INJURY’’; and 

8 (2) in subsection (a), in the matter preceding 

9 paragraph (1), by striking ‘‘may make grants’’ and 

10 all that follows through ‘‘to collect data con11 cerning—’’ and inserting ‘‘may make grants to 

12 States or their designees to develop or operate the 

13 State’s traumatic brain injury surveillance system or 

14 registry to determine the incidence and prevalence of 

15 traumatic brain injury and related disability, to en16 sure the uniformity of reporting under such system 

17 or registry, to link individuals with traumatic brain 

18 injury to services and supports, and to link such in19 dividuals with academic institutions to conduct ap20 plied research that will support the development of 

21 such surveillance systems and registries as may be 

22 necessary. A surveillance system or registry under 

23 this section shall provide for the collection of data 

24 concerning—’’. 


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1 (c) REPORT.—Section 393C of the Public Health 

2 Service Act (as so redesignated) is amended by adding at 

3 the end the following: 

4 ‘‘(b) Not later than 18 months after the date of en5 actment of the Reauthorization of the Traumatic Brain 

6 Injury Act, the Secretary, acting through the Director of 

7 the Centers for Disease Control and Prevention and the 

8 Director of the National Institutes of Health and in con9 sultation with the Secretary of Defense and the Secretary 

10 of Veterans Affairs, shall submit to the relevant commit11 tees of Congress a report that contains the findings de12 rived from an evaluation concerning activities and proce13 dures that can be implemented by the Centers for Disease 

14 Control and Prevention, the Department of Defense, and 

15 the Department of Veterans Affairs to improve the collec16 tion and dissemination of compatible epidemiological stud17 ies on the incidence and prevalence of traumatic brain in18 jury in the military and veterans populations who return 

19 to civilian life. The report shall include recommendations 

20 on the manner in which such agencies can further collabo21 rate on the development and improvement of traumatic 

22 brain injury diagnostic tools and treatments.’’. 


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1 SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. 

2 Part J of title III of the Public Health Service Act 

3 (42 U.S.C. 280b et seq.) is amended by inserting after 

4 section 393C the following: 

5 ‘‘SEC. 393C–1. STUDY ON TRAUMATIC BRAIN INJURY. 

6 ‘‘(a) STUDY.—The Secretary, acting through the Di7 rector of the Centers for Disease Control and Prevention 

8 with respect to paragraph (1) and in consultation with the 

9 Director of the National Institutes of Health and other 

10 appropriate entities with respect to paragraphs (2), (3), 

11 and (4), may conduct a study with respect to traumatic 

12 brain injury for the purpose of carrying out the following: 

13 ‘‘(1) In collaboration with appropriate State 

14 and local health-related agencies— 

15 ‘‘(A) determining the incidence of trau16 matic brain injury and prevalence of traumatic 

17 brain injury related disability and the clinical 

18 aspects of the disability in all age groups and 

19 racial and ethnic minority groups in the general 

20 population of the United States, including insti21 tutional settings, such as nursing homes, cor22 rectional facilities, psychiatric hospitals, child 

23 care facilities, and residential institutes for peo24 ple with developmental disabilities; and 

25 ‘‘(B) reporting national trends in trau26 matic brain injury. 


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1 ‘‘(2) Identifying common therapeutic interven2 tions which are used for the rehabilitation of individ3 uals with such injuries, and, subject to the avail4 ability of information, including an analysis of— 

5 ‘‘(A) the effectiveness of each such inter6 vention in improving the functioning, including 

7 return to work or school and community par8 ticipation, of individuals with brain injuries; 

9 ‘‘(B) the comparative effectiveness of inter10 ventions employed in the course of rehabilita11 tion of individuals with brain injuries to achieve 

12 the same or similar clinical outcome; and 

13 ‘‘(C) the adequacy of existing measures of 

14 outcomes and knowledge of factors influencing 

15 differential outcomes. 

16 ‘‘(3) Identifying interventions and therapies 

17 that can prevent or remediate the development of 

18 secondary neurologic conditions related to traumatic 

19 brain injury. 

20 ‘‘(4) Developing practice guidelines for the re21 habilitation of traumatic brain injury at such time 

22 as appropriate scientific research becomes available. 

23 ‘‘(b) DATES CERTAIN FOR REPORTS.—If the study 

24 is conducted under subsection (a), the Secretary shall, not 

25 later than 3 years after the date of the enactment of the 


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1 Reauthorization of the Traumatic Brain Injury Act, sub2 mit to Congress a report describing findings made as a 

3 result of carrying out such subsection (a). 

4 ‘‘(c) DEFINITION.—For purposes of this section, the 

5 term ‘traumatic brain injury’ means an acquired injury 

6 to the brain. Such term does not include brain dysfunction 

7 caused by congenital or degenerative disorders, nor birth 

8 trauma, but may include brain injuries caused by anoxia 

9 due to trauma including near drowning. The Secretary 

10 may revise the definition of such term as the Secretary 

11 determines necessary.’’. 

12 SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NA13 TIONAL INSTITUTES OF HEALTH. 

14 Section 1261 of the Public Health Service Act (42 

15 U.S.C. 300d–61) is amended— 

16 (1) in subsection (b)(2), by striking ‘‘Labor and 

17 Human Resources’’ and inserting ‘‘Health, Edu18 cation, Labor, and Pensions’’; 

19 (2) in subparagraph (D) of subsection (d)(4), 

20 by striking ‘‘head brain injury’’ and inserting ‘‘brain 

21 injury’’; and 

22 (3) in subsection (i), by inserting ‘‘, and such 

23 sums as may be necessary for each of fiscal years 

24 2008 through 2011’’ before the period at the end. 


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1 SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE 

2 HEALTH RESOURCES AND SERVICES ADMIN3 ISTRATION. 

4 (a) STATE GRANTS FOR DEMONSTRATION PROJECTS

5 REGARDING TRAUMATIC BRAIN INJURY.—Section 1252 

6 of the Public Health Service Act (42 U.S.C. 300d–52) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘may make grants to 

10 States’’ and inserting ‘‘may make grants to 

11 States and American Indian consortia’’; and 

12 (B) by striking ‘‘health and other services’’ 

13 and inserting ‘‘rehabilitation and other serv14 ices’’; 

15 (2) in subsection (b)— 

16 (A) in paragraphs (1), (3)(A)(i), 

17 (3)(A)(iii), and (3)(A)(iv), by striking the term 

18 ‘‘State’’ each place such term appears and in19 serting the term ‘‘State or American Indian 

20 consortium’’; and 

21 (B) in paragraph (2), by striking ‘‘rec22 ommendations to the State’’ and inserting ‘‘rec23 ommendations to the State or American Indian 

24 consortium’’; 


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1 (3) in subsection (c), by striking the term 

2 ‘‘State’’ each place such term appears and inserting 

3 ‘‘State or American Indian consortium’’; 

4 (4) in subsection (e), by striking ‘‘A State that 

5 received’’ and all that follows through the period and 

6 inserting ‘‘A State or American Indian consortium 

7 that received a grant under this section prior to the 

8 date of the enactment of the Reauthorization of the 

9 Traumatic Brain Injury Act may complete the ac10 tivities funded by the grant.’’; 

11 (5) in subsection (f)— 

12 (A) in the subsection heading, by inserting 

13 ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after 

14 ‘‘STATE’’; 

15 (B) in paragraph (1) in the matter pre16 ceding subparagraph (A), paragraph (1)(E), 

17 paragraph (2)(A), paragraph (2)(B), paragraph 

18 (3) in the matter preceding subparagraph (A), 

19 paragraph (3)(E), and paragraph (3)(F), by 

20 striking the term ‘‘State’’ each place such term 

21 appears and inserting ‘‘State or American In22 dian consortium’’; 

23 (C) in clause (ii) of paragraph (1)(A), by 

24 striking ‘‘children and other individuals’’ and 

25 inserting ‘‘children, youth, and adults’’; and 


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1 (D) in subsection (h)— 

2 (i) by striking ‘‘Not later than 2 years 

3 after the date of the enactment of this sec4 tion, the Secretary’’ and inserting ‘‘Not 

5 less than biennially, the Secretary’’; 

6 (ii) by striking ‘‘Commerce of the 

7 House of Representatives, and to the Com8 mittee on Labor and Human Resources’’ 

9 and inserting ‘‘Energy and Commerce of 

10 the House of Representatives, and to the 

11 Committee on Health, Education, Labor, 

12 and Pensions’’; and 

13 (iii) by inserting ‘‘and section 1253’’ 

14 after ‘‘programs established under this sec15 tion,’’; 

16 (6) by amending subsection (i) to read as fol17 lows: 

18 ‘‘(i) DEFINITIONS.—For purposes of this section: 

19 ‘‘(1) The terms ‘American Indian consortium’ 

20 and ‘State’ have the meanings given to those terms 

21 in section 1253. 

22 ‘‘(2) The term ‘traumatic brain injury’ means 

23 an acquired injury to the brain. Such term does not 

24 include brain dysfunction caused by congenital or 

25 degenerative disorders, nor birth trauma, but may 


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1 include brain injuries caused by anoxia due to trau2 ma. The Secretary may revise the definition of such 

3 term as the Secretary determines necessary, after 

4 consultation with States and other appropriate pub5 lic or nonprofit private entities.’’; and 

6 (7) in subsection (j), by inserting ‘‘, and such 

7 sums as may be necessary for each of the fiscal 

8 years 2008 through 2011’’ before the period. 

9 (b) STATE GRANTS FOR PROTECTION AND ADVO10 CACY SERVICES.—Section 1253 of the Public Health Serv11 ice Act (42 U.S.C. 300d–53) is amended— 

12 (1) in subsections (d) and (e), by striking the 

13 term ‘‘subsection (i)’’ each place such term appears 

14 and inserting ‘‘subsection (l)’’; 

15 (2) in subsection (g), by inserting ‘‘each fiscal 

16 year not later than October 1,’’ before ‘‘the Adminis17 trator shall pay’’; 

18 (3) by redesignating subsections (i) and (j) as 

19 subsections (l) and (m), respectively; 

20 (4) by inserting after subsection (h) the fol21 lowing: 

22 ‘‘(i) DATA COLLECTION.—The Administrator of the 

23 Health Resources and Services Administration and the 

24 Commissioner of the Administration on Developmental 

25 Disabilities shall enter into an agreement to coordinate the 


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1 collection of data by the Administrator and the Commis2 sioner regarding protection and advocacy services. 

3 ‘‘(j) TRAINING AND TECHNICAL ASSISTANCE.— 

4 ‘‘(1) GRANTS.—For any fiscal year for which 

5 the amount appropriated to carry out this section is 

6 $6,000,000 or greater, the Administrator shall use 2 

7 percent of such amount to make a grant to an eligi8 ble national association for providing for training 

9 and technical assistance to protection and advocacy 

10 systems. 

11 ‘‘(2) DEFINITION.—In this subsection, the term 

12 ‘eligible national association’ means a national asso13 ciation with demonstrated experience in providing 

14 training and technical assistance to protection and 

15 advocacy systems. 

16 ‘‘(k) SYSTEM AUTHORITY.—In providing services 

17 under this section, a protection and advocacy system shall 

18 have the same authorities, including access to records, as 

19 such system would have for purposes of providing services 

20 under subtitle C of the Developmental Disabilities Assist21 ance and Bill of Rights Act of 2000.’’; and 

22 (5) in subsection (l) (as redesignated by this 

23 subsection) by striking ‘‘2005’’ and inserting 

24 ‘‘2011’’. 


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1 SEC. 7. GAO STUDY WITH RESPECT TO MEMBERS OF THE 

2 ARMED FORCES. 

3 (a) IN GENERAL.—The Comptroller General of the 

4 United States shall conduct a study regarding members 

5 of the armed forces who have acquired a disability result6 ing from a traumatic brain injury incurred while serving 

7 in Operation Enduring Freedom and Operation Iraqi 

8 Freedom. Such study shall examine how these individuals 

9 are being reintegrated into their communities, including— 

10 (1) what is known about this population; and 

11 (2) what challenges they may face in returning 

12 to their communities, such as accessing employment, 

13 housing, transportation, and community care pro14 grams, and coordinating benefits. 

15 (b) REPORT.—Not later than 1 year after the date 

16 of enactment of this Act, the Comptroller General of the 

17 United States shall submit to the Committee on Veterans’ 

18 Affairs and the Committee on Health, Education, Labor, 

19 and Pensions of the Senate and the Committee on Vet20 erans’ Affairs and the Committee on Education and the 

21 Workforce of the House of Representatives, a report sumVerDate Aug 31 2005 21:40 Dec 14, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S793.RFH S793

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1 marizing the results of the study conducted under sub2 section (a). 

Passed the Senate December 11, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 


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