In the House of Representatives, U. S., 

April 8, 2008. 

Resolved, That the bill from the Senate (S. 793) entitled 

‘‘An Act to provide for the expansion and improvement of 

traumatic brain injury programs’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Traumatic Brain Injury 

3 Act of 2008’’. 

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 U.S.C. 

9 280b–1c) relating to the use of allotments for rape 

10 prevention education, as section 393A and moving 

11 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 
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1 (3) by redesignating the section 393B (42 U.S.C. 

2 280b–1d) relating to traumatic brain injury reg3 istries, as section 393C. 

4 SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CEN5 TERS FOR DISEASE CONTROL AND PREVEN6 TION. 

7 (a) PREVENTION OF TRAUMATIC BRAIN INJURY.— 

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

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

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

11 and inserting ‘‘from hospitals and emergency departments’’. 

12 (b) NATIONAL PROGRAM FOR TRAUMATIC BRAIN IN13 JURY SURVEILLANCE AND REGISTRIES.—Section 393C of 

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

15 U.S.C. 280b et seq.) is amended— 

16 (1) in the section heading, by inserting ‘‘SUR17 VEILLANCE AND’’ after ‘‘NATIONAL PROGRAM FOR

18 TRAUMATIC BRAIN INJURY’’; and 

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

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

21 all that follows through ‘‘to collect data concerning— 

22 ’’ and inserting ‘‘may make grants to States or their 

23 designees to develop or operate the State’s traumatic 

24 brain injury surveillance system or registry to deter25 mine the incidence and prevalence of traumatic brain 
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1 injury and related disability, to ensure the uni2 formity of reporting under such system or registry, to 

3 link individuals with traumatic brain injury to serv4 ices and supports, and to link such individuals with 

5 academic institutions to conduct applied research that 

6 will support the development of such surveillance sys7 tems and registries as may be necessary. A surveil8 lance system or registry under this section shall pro9 vide for the collection of data concerning—’’. 

10 (c) REPORT.—Section 393C of the Public Health Serv11 ice Act (as so redesignated) is amended by adding at the 

12 end the following: 

13 ‘‘(b) Not later than 18 months after the date of enact14 ment of the Traumatic Brain Injury Act of 2008, the Sec15 retary, acting through the Director of the Centers for Dis16 ease Control and Prevention and the Director of the Na17 tional Institutes of Health and in consultation with the Sec18 retary of Defense and the Secretary of Veterans Affairs, 

19 shall submit to the relevant committees of Congress a report 

20 that contains the findings derived from an evaluation con21 cerning activities and procedures that can be implemented 

22 by the Centers for Disease Control and Prevention to im23 prove the collection and dissemination of compatible epide24 miological studies on the incidence and prevalence of trau25 matic brain injury in individuals who were formerly in 
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1 the military. The report shall include recommendations on 

2 the manner in which such agencies can further collaborate 

3 on the development and improvement of traumatic brain 

4 injury diagnostic tools and treatments.’’. 

5 SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. 

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

7 (42 U.S.C. 280b et seq.) is amended by inserting after sec8 tion 393C, as so redesignated, the following: 

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

10 ‘‘(a) STUDY.—The Secretary, acting through the Direc11 tor of the Centers for Disease Control and Prevention with 

12 respect to paragraph (1) and in consultation with the Di13 rector of the National Institutes of Health and other appro14 priate entities with respect to paragraphs (2), (3), and (4), 

15 may conduct a study with respect to traumatic brain injury 

16 for the purpose of carrying out the following: 

17 ‘‘(1) In collaboration with appropriate State and 

18 local health-related agencies— 

19 ‘‘(A) determining the incidence of traumatic 

20 brain injury and prevalence of traumatic brain 

21 injury related disability and the clinical aspects 

22 of the disability in all age groups and racial and 

23 ethnic minority groups in the general population 

24 of the United States, including institutional set25 tings, such as nursing homes, correctional facili-
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1 ties, psychiatric hospitals, child care facilities, 

2 and residential institutes for people with devel3 opmental disabilities; and 

4 ‘‘(B) reporting national trends in traumatic 

5 brain injury. 

6 ‘‘(2) Identifying common therapeutic interven7 tions which are used for the rehabilitation of individ8 uals with such injuries, and, subject to the avail9 ability of information, including an analysis of— 

10 ‘‘(A) the effectiveness of each such interven11 tion in improving the functioning, including re12 turn to work or school and community partici13 pation, of individuals with brain injuries; 

14 ‘‘(B) the comparative effectiveness of inter15 ventions employed in the course of rehabilitation 

16 of individuals with brain injuries to achieve the 

17 same or similar clinical outcome; and 

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

19 outcomes and knowledge of factors influencing 

20 differential outcomes. 

21 ‘‘(3) Identifying interventions and therapies that 

22 can prevent or remediate the development of sec23 ondary neurologic conditions related to traumatic 

24 brain injury. 
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1 ‘‘(4) Developing practice guidelines for the reha2 bilitation of traumatic brain injury at such time as 

3 appropriate scientific research becomes available. 

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

5 conducted under subsection (a), the Secretary shall, not 

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

7 Traumatic Brain Injury Act of 2008, submit to Congress 

8 a report describing findings made as a result of carrying 

9 out such subsection (a). 

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

11 term ‘traumatic brain injury’ means an acquired injury 

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

13 caused by congenital or degenerative disorders, nor birth 

14 trauma, but may include brain injuries caused by anoxia 

15 due to trauma including near drowning. The Secretary 

16 may revise the definition of such term as the Secretary de17 termines necessary.’’. 

18 SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NA19 TIONAL INSTITUTES OF HEALTH. 

20 Section 1261 of the Public Health Service Act (42 

21 U.S.C. 300d–61) is amended— 

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

23 Human Resources’’ and inserting ‘‘Health, Edu24 cation, Labor, and Pensions’’; 
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1 (2) in subparagraph (D) of subsection (d)(4), by 

2 striking ‘‘head brain injury’’ and inserting ‘‘brain in3 jury’’; and 

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

5 sums as may be necessary for each of the fiscal years 

6 2009 through 2012’’ before the period at the end. 

7 SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE 

8 HEALTH RESOURCES AND SERVICES ADMIN9 ISTRATION. 

10 (a) STATE GRANTS FOR DEMONSTRATION PROJECTS

11 REGARDING TRAUMATIC BRAIN INJURY.—Section 1252 of 

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

13 amended— 

14 (1) in subsection (a)— 

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

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

17 States and American Indian consortia’’; and 

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

19 and inserting ‘‘rehabilitation and other services’’; 

20 (2) in subsection (b)— 

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

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

23 ‘‘State’’ each place such term appears and in24 serting the term ‘‘State or American Indian con25 sortium’’; and 
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1 (B) in paragraph (2), by striking ‘‘rec2 ommendations to the State’’ and inserting ‘‘rec3 ommendations to the State or American Indian 

4 consortium’’; 

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

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

7 ‘‘State or American Indian consortium’’; 

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

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

10 inserting ‘‘A State or American Indian consortium 

11 that received a grant under this section prior to the 

12 date of the enactment of the Traumatic Brain Injury 

13 Act of 2008 may complete the activities funded by the 

14 grant.’’; 

15 (5) in subsection (f)— 

16 (A) in the subsection heading, by inserting 

17 ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after 

18 ‘‘STATE’’; 

19 (B) in paragraph (1) in the matter pre20 ceding subparagraph (A), paragraph (1)(E), 

21 paragraph (2)(A), paragraph (2)(B), paragraph 

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

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

24 striking the term ‘‘State’’ each place such term 
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1 appears and inserting ‘‘State or American In2 dian consortium’’; and 

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

4 striking ‘‘children and other individuals’’ and 

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

6 (6) in subsection (h)— 

7 (A) by striking ‘‘Not later than 2 years 

8 after the date of the enactment of this section, the 

9 Secretary’’ and inserting ‘‘Not less than bienni10 ally, the Secretary’’; 

11 (B) by striking ‘‘Commerce of the House of 

12 Representatives, and to the Committee on Labor 

13 and Human Resources’’ and inserting ‘‘Energy 

14 and Commerce of the House of Representatives, 

15 and to the Committee on Health, Education, 

16 Labor, and Pensions’’; and 

17 (C) by inserting ‘‘and section 1253’’ after 

18 ‘‘programs established under this section,’’; 

19 (7) by amending subsection (i) to read as fol20 lows: 

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

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

23 and ‘State’ have the meanings given to those terms in 

24 section 1253. 
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1 ‘‘(2) The term ‘traumatic brain injury’ means 

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

3 include brain dysfunction caused by congenital or de4 generative disorders, nor birth trauma, but may in5 clude brain injuries caused by anoxia due to trauma. 

6 The Secretary may revise the definition of such term 

7 as the Secretary determines necessary, after consulta8 tion with States and other appropriate public or non9 profit private entities.’’; and 

10 (8) in subsection (j), by inserting ‘‘, and such 

11 sums as may be necessary for each of the fiscal years 

12 2009 through 2012’’ before the period. 

13 (b) STATE GRANTS FOR PROTECTION AND ADVOCACY

14 SERVICES.—Section 1253 of the Public Health Service Act 

15 (42 U.S.C. 300d–53) is amended— 

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

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

18 and inserting ‘‘subsection (l)’’; 

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

20 year not later than October 1,’’ before ‘‘the Adminis21 trator shall pay’’; 

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

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

24 (4) by inserting after subsection (h) the fol25 lowing: 
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1 ‘‘(i) DATA COLLECTION.—The Administrator of the 

2 Health Resources and Services Administration and the 

3 Commissioner of the Administration on Developmental Dis4 abilities shall enter into an agreement to coordinate the col5 lection of data by the Administrator and the Commissioner 

6 regarding protection and advocacy services. 

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

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

9 amount appropriated to carry out this section is 

10 $6,000,000 or greater, the Administrator shall use 2 

11 percent of such amount to make a grant to an eligible 

12 national association for providing for training and 

13 technical assistance to protection and advocacy sys14 tems. 

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

16 ‘eligible national association’ means a national asso17 ciation with demonstrated experience in providing 

18 training and technical assistance to protection and 

19 advocacy systems. 

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

21 under this section, a protection and advocacy system shall 

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

23 such system would have for purposes of providing services 

24 under subtitle C of the Developmental Disabilities Assist25 ance and Bill of Rights Act of 2000.’’; and 
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1 (5) in subsection (l) (as redesignated by this sub2 section) by striking ‘‘2002 through 2005’’ and insert3 ing ‘‘2009 through 2012’’. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION S. 793 

AMENDMENT