II 

110TH CONGRESS 

1ST SESSION S. 793 

To provide for the expansion and improvement of traumatic brain injury 

programs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2007 

Mr. HATCH (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Traumatic Brain Injury Act’’. 

6 SEC. 2. CONFORMING AMENDMENTS RELATING TO RE7 STRUCTURING. 

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

9 (42 U.S.C. 280b et seq.) is amended— 


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

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

3 rape prevention education, as section 393A and mov4 ing such section so that it follows section 393; 

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

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

7 brain injury, as section 393B; and 

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

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

10 registries, as section 393C. 

11 SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE 

12 CENTERS FOR DISEASE CONTROL AND PRE13 VENTION. 

14 (a) PREVENTION OF TRAUMATIC BRAIN INJURY.— 

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

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

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

18 and inserting ‘‘from hospitals and emergency depart19 ments’’. 

20 (b) NATIONAL PROGRAM FOR TRAUMATIC BRAIN IN21 JURY SURVEILLANCE AND REGISTRIES.—Section 393C of 

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

23 U.S.C. 280b et seq.) is amended— 


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1 (1) in the section heading, by inserting ‘‘SUR2 VEILLANCE AND’’ after ‘‘NATIONAL PROGRAM

3 FOR TRAUMATIC BRAIN INJURY’’; 

4 (2) by striking ‘‘(a) IN GENERAL.—’’; and 

5 (3) in the matter preceding paragraph (1), by 

6 striking ‘‘may make grants’’ and all that follows 

7 through ‘‘to collect data concerning—’’ and inserting 

8 ‘‘may make grants to States or their designees to 

9 develop or operate the State’s traumatic brain injury 

10 surveillance system or registry to determine the inci11 dence and prevalence of traumatic brain injury and 

12 related disability, to ensure the uniformity of report13 ing under such system or registry, to link individuals 

14 with traumatic brain injury to services and supports, 

15 and to link such individuals with academic institu16 tions to conduct applied research that will support 

17 the development of such surveillance systems and 

18 registries as may be necessary. A surveillance system 

19 or registry under this section shall provide for the 

20 collection of data concerning—’’. 

21 SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. 

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

23 (42 U.S.C. 280b et seq.) is amended by inserting after 

24 section 393C the following: 


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

2 ‘‘(a) STUDY.—The Secretary, acting through the Di3 rector of the Centers for Disease Control and Prevention 

4 with respect to paragraph (1) and the Director of the Na5 tional Institutes of Health with respect to paragraphs (2) 

6 and (3), shall conduct a study with respect to traumatic 

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

8 ‘‘(1) In collaboration with appropriate State 

9 and local health-related agencies— 

10 ‘‘(A) determining the incidence of trau11 matic brain injury and prevalence of traumatic 

12 brain injury related disability and the clinical 

13 aspects of the disability in all age groups and 

14 racial and ethnic minority groups in the general 

15 population of the United States, including insti16 tutional settings, such as nursing homes, cor17 rectional facilities, psychiatric hospitals, child 

18 care facilities, and residential institutes for peo19 ple with developmental disabilities; and 

20 ‘‘(B) reporting national trends in trau21 matic brain injury. 

22 ‘‘(2) Identifying common therapeutic interven23 tions which are used for the rehabilitation of individ24 uals with such injuries, and, subject to the avail25 ability of information, including an analysis of— 


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1 ‘‘(A) the effectiveness of each such inter2 vention in improving the functioning, including 

3 return to work or school and community par4 ticipation, of individuals with brain injuries; 

5 ‘‘(B) the comparative effectiveness of inter6 ventions employed in the course of rehabilita7 tion of individuals with brain injuries to achieve 

8 the same or similar clinical outcome; and 

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

10 outcomes and knowledge of factors influencing 

11 differential outcomes. 

12 ‘‘(3) Identifying interventions and therapies 

13 that can prevent or remediate the development of 

14 secondary neurologic conditions related to traumatic 

15 brain injury. 

16 ‘‘(4) Developing practice guidelines for the re17 habilitation of traumatic brain injury at such time 

18 as appropriate scientific research becomes available. 

19 ‘‘(b) DATES CERTAIN FOR REPORTS.—Not later than 

20 3 years after the date of the enactment of the Reauthor21 ization of the Traumatic Brain Injury Act, the Secretary 

22 shall submit to the Congress a report describing findings 

23 made as a result of carrying out subsection (a). 

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

25 term ‘traumatic brain injury’ means an acquired injury 


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

2 caused by congenital or degenerative disorders, nor birth 

3 trauma, but may include brain injuries caused by anoxia 

4 due to trauma. The Secretary may revise the definition 

5 of such term as the Secretary determines necessary.’’. 

6 SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NA7 TIONAL INSTITUTES OF HEALTH. 

8 Section 1261 of the Public Health Service Act (42 

9 U.S.C. 300d–61) is amended— 

10 (1) in subparagraph (D) of subsection (d)(4), 

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

12 injury’’; and 

13 (2) in subsection (i), by inserting ‘‘, and such 

14 sums as may be necessary for each of fiscal years 

15 2008 through 2011’’ before the period at the end. 

16 SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE 

17 HEALTH RESOURCES AND SERVICES ADMIN18 ISTRATION. 

19 (a) STATE GRANTS FOR DEMONSTRATION PROJECTS

20 REGARDING TRAUMATIC BRAIN INJURY.—Section 1252 

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

22 amended— 

23 (1) in subsection (a)— 


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

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

3 States and American Indian consortia’’; and 

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

5 and inserting ‘‘rehabilitation and other serv6 ices’’; 

7 (2) in subsection (b)— 

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

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

10 ‘‘State’’ each place such term appears and in11 serting the term ‘‘State or American Indian 

12 consortium’’; and 

13 (B) in paragraph (2), by striking ‘‘rec14 ommendations to the State’’ and inserting ‘‘rec15 ommendations to the State or American Indian 

16 consortium’’; 

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

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

19 ‘‘State or American Indian consortium’’; 

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

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

22 inserting ‘‘A State or American Indian consortium 

23 that received a grant under this section prior to the 

24 date of the enactment of the Reauthorization of the 


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1 Traumatic Brain Injury Act may complete the ac2 tivities funded by the grant.’’; 

3 (5) in subsection (f)— 

4 (A) in the subsection heading, by inserting 

5 ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after 

6 ‘‘STATE’’; 

7 (B) in paragraph (1) in the matter pre8 ceding subparagraph (A), paragraph (1)(E), 

9 paragraph (2)(A), paragraph (2)(B), paragraph 

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

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

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

13 appears and inserting ‘‘State or American In14 dian consortium’’; 

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

16 striking ‘‘children and other individuals’’ and 

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

18 (D) in subsection (h)— 

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

20 after the date of the enactment of this sec21 tion, the Secretary’’ and inserting ‘‘Not 

22 less than bi-annually, the Secretary’’; and 

23 (ii) by inserting ‘‘section 1253, and 

24 section 1254,’’ after ‘‘programs established 

25 under this section,’’; 


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1 (6) by amending subsection (i) to read as fol2 lows: 

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

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

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

6 in section 1253. 

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

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

9 include brain dysfunction caused by congenital or 

10 degenerative disorders, nor birth trauma, but may 

11 include brain injuries caused by anoxia due to near 

12 drowning. The Secretary may revise the definition of 

13 such term as the Secretary determines necessary, 

14 after consultation with States and other appropriate 

15 public or nonprofit private entities.’’; and 

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

17 sums as may be necessary for each of the fiscal 

18 years 2008 through 2011’’ before the period. 

19 (b) STATE GRANTS FOR PROTECTION AND ADVO20 CACY SERVICES.—Section 1253 of the Public Health Serv21 ice Act (42 U.S.C. 300d–53) is amended— 

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

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

24 and inserting ‘‘subsection (l)’’; 


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

2 year not later than October 1,’’ before ‘‘the Adminis3 trator shall pay’’; 

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

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

6 (4) by inserting after subsection (h) the fol7 lowing: 

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

9 Health Resources and Services Administration and the 

10 Commissioner of the Administration on Developmental 

11 Disabilities shall enter into an agreement to coordinate the 

12 collection of data by the Administrator and the Commis13 sioner regarding protection and advocacy services. 

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

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

16 the amount appropriated to carry out this section is 

17 $6,000,000 or greater, the Administrator shall use 2 

18 percent of such amount to make a grant to an eligi19 ble national association for providing for training 

20 and technical assistance to protection and advocacy 

21 systems. 

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

23 ‘eligible national association’ means a national asso24 ciation with demonstrated experience in providing 


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1 training and technical assistance to protection and 

2 advocacy systems. 

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

4 under this section, a protection and advocacy system shall 

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

6 such system would have for purposes of providing services 

7 under subtitle C of the Developmental Disabilities Assist8 ance and Bill of Rights Act of 2000.’’; and 

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

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

11 ‘‘2011’’. 

Æ 


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