IB 

Union Calendar No. 349 

110TH CONGRESS 

2D SESSION H. R. 1418 

[Report No. 110–567] 

To provide for the expansion and improvement of traumatic brain injury 

programs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2007 

Mr. PASCRELL (for himself and Mr. PLATTS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

APRIL 8, 2008 

Additional sponsors: Mr. HOLT, Mr. CROWLEY, Mr. MARSHALL, Mr. WILSON

of South Carolina, Mr. WOLF, Mrs. WILSON of New Mexico, Mr. PAYNE, 

Mr. FERGUSON, Mr. LOBIONDO, Mr. FORTUN ̃O, Mrs. BOYDA of Kansas, 

Mr. CARNEY, Mrs. CHRISTENSEN, Mr. SMITH of New Jersey, Mr. PICKERING, Ms. HERSETH SANDLIN, Mr. THOMPSON of California, Mr. 

HAYES, Mr. BISHOP of Georgia, Mr. CAPUANO, Mr. SESSIONS, Mr. RYAN

of Ohio, Mr. FILNER, Mr. TERRY, Mr. SESTAK, Ms. NORTON, Mr. HINCHEY, Ms. DEGETTE, Mr. DONNELLY, Mr. HOLDEN, Mr. ABERCROMBIE, 

Mr. MCNULTY, Ms. ZOE LOFGREN of California, Mr. HINOJOSA, Mr. 

WAXMAN, Ms. SHEA-PORTER, Mr. GORDON of Tennessee, Mr. ROTHMAN, 

Mr. ROGERS of Alabama, Mr. EMANUEL, Mr. TIM MURPHY of Pennsylvania, Mr. ALTMIRE, Mr. GOODE, Mr. WYNN, Mr. COHEN, and Mr. 

GRIJALVA

APRIL 8, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 8, 2007] 

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 ‘‘Traumatic Brain Injury 

5 Act of 2008’’. 

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— 

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

11 280b–1c) relating to the use of allotments for rape 

12 prevention education, as section 393A and moving 

13 such section so that it follows section 393; 

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

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

16 brain injury, as section 393B; and 

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

18 280b–1d) relating to traumatic brain injury reg19 istries, as section 393C. 


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1 SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CEN2 TERS FOR DISEASE CONTROL AND PREVEN3 TION. 

4 (a) PREVENTION OF TRAUMATIC BRAIN INJURY.— 

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

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

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

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

9 (b) NATIONAL PROGRAM FOR TRAUMATIC BRAIN IN10 JURY SURVEILLANCE AND REGISTRIES.—Section 393C of 

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

12 U.S.C. 280b et seq.) is amended— 

13 (1) in the section heading, by inserting ‘‘SUR14 VEILLANCE AND’’ after ‘‘NATIONAL PROGRAM FOR

15 TRAUMATIC BRAIN INJURY’’; and 

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

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

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

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

20 designees to develop or operate the State’s traumatic 

21 brain injury surveillance system or registry to deter22 mine the incidence and prevalence of traumatic brain 

23 injury and related disability, to ensure the uni24 formity of reporting under such system or registry, to 

25 link individuals with traumatic brain injury to serv26 ices and supports, and to link such individuals with 


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1 academic institutions to conduct applied research that 

2 will support the development of such surveillance sys3 tems and registries as may be necessary. A surveil4 lance system or registry under this section shall pro5 vide for the collection of data concerning—’’. 

6 (c) REPORT.—Section 393C of the Public Health Serv7 ice Act (as so redesignated) is amended by adding at the 

8 end the following: 

9 ‘‘(b) Not later than 18 months after the date of enact10 ment of the Traumatic Brain Injury Act of 2008, the Sec11 retary, acting through the Director of the Centers for Dis12 ease Control and Prevention and the Director of the Na13 tional Institutes of Health and in consultation with the Sec14 retary of Defense and the Secretary of Veterans Affairs, 

15 shall submit to the relevant committees of Congress a report 

16 that contains the findings derived from an evaluation con17 cerning activities and procedures that can be implemented 

18 by the Centers for Disease Control and Prevention to im19 prove the collection and dissemination of compatible epide20 miological studies on the incidence and prevalence of trau21 matic brain injury in those with traumatic brain injury 

22 who were formerly in the military. The report shall include 

23 recommendations on the manner in which such agencies can 

24 further collaborate on the development and improvement of 

25 traumatic 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 sec4 tion 393C, as so redesignated, the following: 

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

6 ‘‘(a) STUDY.—The Secretary, acting through the Direc7 tor of the Centers for Disease Control and Prevention with 

8 respect to paragraph (1) and in consultation with the Di9 rector of the National Institutes of Health and other appro10 priate entities with respect to paragraphs (2), (3), and (4), 

11 may conduct a study with respect to traumatic brain injury 

12 for the purpose of carrying out the following: 

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

14 local health-related agencies— 

15 ‘‘(A) determining the incidence of traumatic 

16 brain injury and prevalence of traumatic brain 

17 injury related disability and the clinical aspects 

18 of the disability in all age groups and racial and 

19 ethnic minority groups in the general population 

20 of the United States, including institutional set21 tings, such as nursing homes, correctional facili22 ties, psychiatric hospitals, child care facilities, 

23 and residential institutes for people with devel24 opmental disabilities; and 

25 ‘‘(B) reporting national trends in traumatic 

26 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 interven6 tion in improving the functioning, including re7 turn to work or school and community partici8 pation, of individuals with brain injuries; 

9 ‘‘(B) the comparative effectiveness of inter10 ventions employed in the course of rehabilitation 

11 of individuals with brain injuries to achieve the 

12 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 that 

17 can prevent or remediate the development of sec18 ondary neurologic conditions related to traumatic 

19 brain injury. 

20 ‘‘(4) Developing practice guidelines for the reha21 bilitation of traumatic brain injury at such time as 

22 appropriate scientific research becomes available. 

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

24 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 Traumatic Brain Injury Act of 2008, submit to Congress 

2 a report describing findings made as a result of carrying 

3 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 de11 termines 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), by 

20 striking ‘‘head brain injury’’ and inserting ‘‘brain in21 jury’’; and 

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

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

24 2009 through 2012’’ 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 of 

6 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 services’’; 

14 (2) in subsection (b)— 

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

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

17 ‘‘State’’ each place such term appears and in18 serting the term ‘‘State or American Indian con19 sortium’’; and 

20 (B) in paragraph (2), by striking ‘‘rec21 ommendations to the State’’ and inserting ‘‘rec22 ommendations to the State or American Indian 

23 consortium’’; 

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

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

26 ‘‘State or American Indian consortium’’; 


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

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

3 inserting ‘‘A State or American Indian consortium 

4 that received a grant under this section prior to the 

5 date of the enactment of the Traumatic Brain Injury 

6 Act of 2008 may complete the activities funded by the 

7 grant.’’; 

8 (5) in subsection (f)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after 

11 ‘‘STATE’’; 

12 (B) in paragraph (1) in the matter pre13 ceding subparagraph (A), paragraph (1)(E), 

14 paragraph (2)(A), paragraph (2)(B), paragraph 

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

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

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

18 appears and inserting ‘‘State or American In19 dian consortium’’; and 

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

21 striking ‘‘children and other individuals’’ and 

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

23 (6) in subsection (h)— 

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

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


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1 Secretary’’ and inserting ‘‘Not less than bienni2 ally, the Secretary’’; 

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

4 Representatives, and to the Committee on Labor 

5 and Human Resources’’ and inserting ‘‘Energy 

6 and Commerce of the House of Representatives, 

7 and to the Committee on Health, Education, 

8 Labor, and Pensions’’; and 

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

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

11 (7) by amending subsection (i) to read as fol12 lows: 

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

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

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

16 section 1253. 

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

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

19 include brain dysfunction caused by congenital or de20 generative disorders, nor birth trauma, but may in21 clude brain injuries caused by anoxia due to trauma. 

22 The Secretary may revise the definition of such term 

23 as the Secretary determines necessary, after consulta24 tion with States and other appropriate public or non25 profit private entities.’’; and 


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

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

3 2009 through 2012’’ before the period. 

4 (b) STATE GRANTS FOR PROTECTION AND ADVOCACY

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

6 (42 U.S.C. 300d–53) is amended— 

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

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

9 and inserting ‘‘subsection (l)’’; 

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

11 year not later than October 1,’’ before ‘‘the Adminis12 trator shall pay’’; 

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

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

15 (4) by inserting after subsection (h) the fol16 lowing: 

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

18 Health Resources and Services Administration and the 

19 Commissioner of the Administration on Developmental Dis20 abilities shall enter into an agreement to coordinate the col21 lection of data by the Administrator and the Commissioner 

22 regarding protection and advocacy services. 

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

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

25 amount appropriated to carry out this section is 


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1 $6,000,000 or greater, the Administrator shall use 2 

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

3 national association for providing for training and 

4 technical assistance to protection and advocacy sys5 tems. 

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

7 ‘eligible national association’ means a national asso8 ciation with demonstrated experience in providing 

9 training and technical assistance to protection and 

10 advocacy systems. 

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

12 under this section, a protection and advocacy system shall 

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

14 such system would have for purposes of providing services 

15 under subtitle C of the Developmental Disabilities Assist16 ance and Bill of Rights Act of 2000.’’; and 

17 (5) in subsection (l) (as redesignated by this sub18 section) by striking ‘‘2002 through 2005’’ and insert19 ing ‘‘2009 through 2012’’. 


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Union Calendar No. 349 

110TH CONGRESS 

2D SESSION H. R. 1418 

[Report No. 110

–567] 

A BILL 

To provide for the expansion and improvement of 

traumatic brain injury programs. 

APRIL 8, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pwalker on PROD1PC71 with BILLS