II 

109TH CONGRESS 

2D SESSION S. 3668 

To amend the Public Health Service Act to provide for the expansion and 

improvement of traumatic brain injury programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2006 

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 amend the Public Health Service Act to provide for 

the expansion and improvement of traumatic brain injury 

programs, 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 2006’’. 

6 SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL 

7 AND PREVENTION. 

8 (a) PREVENTION OF TRAUMATIC BRAIN INJURY.— 

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


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1 Service Act (42 U.S.C. 280b–1b) is amended by striking 

2 ‘‘from hospitals and trauma centers’’ and inserting ‘‘from 

3 hospitals and emergency departments’’. 

4 (b) NATIONAL PROGRAM FOR TRAUMATIC BRAIN IN5 JURY SURVEILLANCE AND REGISTRIES.—Part J of title 

6 III of the Public Health Service Act (42 U.S.C. 280b et 

7 seq.) is amended— 

8 (1) by redesignating the first section 393B (re9 lating to the use of allotments for rape prevention 

10 education) as section 392A and moving such section 

11 so that it follows section 392; and 

12 (2) by amending section 393B— 

13 (A) in the section heading, by inserting 

14 ‘‘SURVEILLANCE AND’’ after ‘‘NATIONAL PRO15 GRAM FOR TRAUMATIC BRAIN INJURY’’; 

16 (B) by striking ‘‘(a) IN GENERAL.—’’; and 

17 (C) in the matter preceding paragraph (1), 

18 by striking ‘‘may make grants’’ and all that fol19 lows through ‘‘to collect data concerning—’’ 

20 and inserting ‘‘may make grants to States or 

21 their designees to develop or operate the State’s 

22 traumatic brain injury surveillance system or 

23 registry to determine the incidence and preva24 lence of traumatic brain-related injury dis25 ability, to ensure the uniformity of reporting 


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1 under such system or registry, to link individ2 uals with traumatic brain injury to services and 

3 supports, and to link such individuals with aca4 demic institutions to conduct applied research 

5 that will support the development of such sur6 veillance systems and registries as may be nec7 essary. A surveillance system or registry under 

8 this section shall provide for the collection of 

9 data concerning—’’. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 394A of the Public Health Service Act (42 U.S.C. 280b– 

12 3) is amended— 

13 (1) by striking ‘‘For the purpose’’ and inserting 

14 ‘‘(a) For the purpose’’; 

15 (2) by striking ‘‘and’’ after ‘‘for fiscal year 

16 1994;’’; 

17 (3) by striking ‘‘and’’ after ‘‘through 1998,’’; 

18 (4) by striking the second period at the end; 

19 and 

20 (5) by inserting ‘‘, and such sums as may be 

21 necessary for each of fiscal years 2006 through 

22 2010’’ before the period at the end. 

23 SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. 

24 Section 1261 of the Public Health Service Act (42 

25 U.S.C. 300d–61) is amended— 


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

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

3 injury’’; and 

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

5 sums as may be necessary for each of fiscal years 

6 2006 through 2010’’ before the period at the end. 

7 SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. 

8 (a) AMENDMENT.—Part J of title III of the Public 

9 Health Service Act (42 U.S.C. 280b et seq.) is amended 

10 by inserting after section 393B the following: 

11 ‘‘SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY. 

12 ‘‘(a) STUDY.—The Secretary, acting through the Di13 rector of the Centers for Disease Control and Prevention 

14 with respect to paragraph (1) and the Director of the Na15 tional Institutes of Health with respect to paragraphs (2) 

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

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

18 ‘‘(1) In collaboration with appropriate State 

19 and local health-related agencies— 

20 ‘‘(A) determining the incidence and preva21 lence of traumatic brain injury in all age groups 

22 in the general population of the United States, 

23 including institutional settings, such as nursing 

24 homes, correctional facilities, psychiatric hos25 pitals, child care facilities, and residential instiVerDate Aug 31 2005 00:34 Jul 19, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3668.IS S3668

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1 tutes for people with developmental disabilities; 

2 and 

3 ‘‘(B) collecting, maintaining, and reporting 

4 national trends in traumatic brain injury. 

5 ‘‘(2) Identifying common therapeutic interven6 tions which are used for the rehabilitation of individ7 uals with such injuries, and, subject to the avail8 ability of information, including an analysis of— 

9 ‘‘(A) the effectiveness of each such inter10 vention in improving the functioning, including 

11 return to work or school and community par12 ticipation, of individuals with brain injuries; 

13 ‘‘(B) the comparative effectiveness of inter14 ventions employed in the course of rehabilita15 tion of individuals with brain injuries to achieve 

16 the same or similar clinical outcome; and 

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

18 outcomes and knowledge of factors influencing 

19 differential outcomes. 

20 ‘‘(3) 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.—Not later than 

24 3 years after the date of the enactment of the Traumatic 

25 Brain Injury Act of 2005, the Secretary shall submit to 


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1 the Congress a report describing findings made as a result 

2 of carrying out subsection (a). 

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

4 term ‘traumatic brain injury’ means an acquired injury 

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

6 caused by congenital or degenerative disorders, nor birth 

7 trauma, but may include brain injuries caused by anoxia 

8 due to trauma. The Secretary may revise the definition 

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

10 (b) CONFORMING AMENDMENT.—Public Law 104– 

11 166 (42 U.S.C. 300d–61 note) is amended by striking sec12 tion 4. 

13 SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES 

14 ADMINISTRATION. 

15 (a) STATE GRANTS FOR DEMONSTRATION PROJECTS

16 REGARDING TRAUMATIC BRAIN INJURY.—Section 1252 

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

18 amended— 

19 (1) in subsection (a)— 

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

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

22 States and American Indian consortia’’; and 

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

24 and inserting ‘‘rehabilitation and other serv25 ices’’; 


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1 (2) in subsection (b)— 

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

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

4 ‘‘State’’ each place such term appears and in5 serting the term ‘‘State or American Indian 

6 consortium’’; and 

7 (B) in paragraph (2), by striking ‘‘rec8 ommendations to the State’’ and inserting ‘‘rec9 ommendations to the State or American Indian 

10 consortium’’; 

11 (3) in subsection (c)— 

12 (A) by striking the term ‘‘State’’ each 

13 place such term appears and inserting ‘‘State or 

14 American Indian consortium’’; and 

15 (B) in paragraph (1), by striking ‘‘ each 

16 $2’’ and inserting ‘‘each $5’’; 

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

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

19 inserting ‘‘A State or American Indian consortium 

20 that received a grant under this section prior to the 

21 date of the enactment of the Traumatic Brain In22 jury Act of 2005 may complete the activities funded 

23 by the grant.’’; 

24 (5) in subsection (f)— 


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1 (A) in the subsection heading, by inserting 

2 ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after 

3 ‘‘STATE’’; 

4 (B) in paragraph (1) in the matter pre5 ceding subparagraph (A), paragraph (1)(E), 

6 paragraph (2)(A), paragraph (2)(B), paragraph 

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

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

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

10 appears and inserting ‘‘State or American In11 dian consortium’’; 

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

13 striking ‘‘children and other individuals’’ and 

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

15 (D) in subsection (h)— 

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

17 after the date of the enactment of this sec18 tion, the Secretary’’ and inserting ‘‘Not 

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

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

21 section 1254,’’ after ‘‘programs established 

22 under this section,’’; 

23 (6) by amending subsection (i) to read as fol24 lows: 

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


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

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

3 in section 1253. 

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

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

6 include brain dysfunction caused by congenital or 

7 degenerative disorders, nor birth trauma, but may 

8 include brain injuries caused by anoxia due to near 

9 drowning. The Secretary may revise the definition of 

10 such term as the Secretary determines necessary, 

11 after consultation with States and other appropriate 

12 public or nonprofit private entities.’’; and 

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

14 sums as may be necessary for each of the fiscal 

15 years 2006 through 2010’’ before the period. 

16 (b) STATE GRANTS FOR PROTECTION AND ADVO17 CACY SERVICES.—Section 1253 of the Public Health Serv18 ice Act (42 U.S.C. 300d–53) is amended— 

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

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

21 and inserting ‘‘subsection (l)’’; 

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

23 year not later than October 1,’’ before ‘‘the Adminis24 trator shall pay’’; 


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

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

3 (4) by inserting after subsection (h) the fol4 lowing: 

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

6 Health Resources and Services Administration and the 

7 Commissioner of the Administration on Developmental 

8 Disabilities shall enter into an agreement to coordinate the 

9 collection of data by the Administrator and the Commis10 sioner regarding protection and advocacy services. 

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

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

13 the amount appropriated to carry out this section is 

14 $6,000,000 or greater, the Administrator shall use 2 

15 percent of such amount to make a grant to an eligi16 ble national association for providing for training 

17 and technical assistance to protection and advocacy 

18 systems. 

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

20 ‘eligible national association’ means a national asso21 ciation with demonstrated experience in providing 

22 training and technical assistance to protection and 

23 advocacy systems. 

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

25 under this section, a protection and advocacy system shall 


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

2 such system would have for purposes of providing services 

3 under subtitle C of the Developmental Disabilities Assist4 ance and Bill of Rights Act of 2000.’’; and 

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

6 subsection)— 

7 (A) by striking ‘‘and’’ after ‘‘fiscal year 

8 2001,’’ ; and 

9 (B) by inserting ‘‘and such sums as may 

10 be necessary for each of the fiscal years 2006 

11 through 2010’’. 

Æ 


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