[House Report 113-456]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-456
======================================================================
TRAUMATIC BRAIN INJURY REAUTHORIZATION ACT OF 2013
_______
May 20, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1098]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1098) to amend the Public Health Service Act to
reauthorize certain programs relating to traumatic brain injury
and to trauma research, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 7
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury Reauthorization
Act of 2013''.
SEC. 2. CDC PROGRAMS FOR PREVENTION AND SURVEILLANCE OF TRAUMATIC BRAIN
INJURY.
(a) Prevention.--Section 393B(b)(3) of the Public Health Service Act
(42 U.S.C. 280b-1c(b)(3)) is amended by striking ``health-status goals
for 2010, commonly referred to as Healthy People 2010'' and inserting
``health-status goals for 2020, commonly referred to as Healthy People
2020''.
(b) Surveillance.--Subsection (b) of section 393C of the Public
Health Service Act (42 U.S.C. 280b-1d) is amended--
(1) by striking ``(b) Not later than'' and inserting the
following:
``(b) Reports.--
``(1) Initial report.--Not later than''; and
(2) by adding at the end the following:
``(2) Subsequent report.--Not later than 24 months after the
date of enactment of the Traumatic Brain Injury Reauthorization
Act of 2013, the Secretary, acting through the Director of the
Centers for Disease Control and Prevention and the Director of
the National Institutes of Health and in consultation with the
Secretary of Defense and the Secretary of Veterans Affairs,
shall submit to the relevant committees of Congress a report
that--
``(A) identifies which recommendations in the report
under paragraph (1) have been adopted and which
recommendations in such report have not been adopted;
and
``(B) includes a description of planned activities to
address each recommendation in such report that has not
been adopted.''.
(c) Funding.--Section 394A of the Public Health Service Act (42
U.S.C. 280b-3) is amended--
(1) by striking ``and'' after ``1994,'';
(2) by striking the second period at the end; and
(3) by adding at the end the following: ``Of the amounts made
available to carry out this part for each of fiscal years 2014
through 2018, there is authorized to be appropriated $6,100,000
to carry out sections 393B and 393C.''.
SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY.
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services
Administration,'';
(2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f), by
striking ``brain injury'' and inserting ``traumatic brain
injury'';
(3) in subsection (h), by striking the comma after ``under
this section'' and inserting a comma before ``including''; and
(4) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--For carrying out this section
and section 1253, there is authorized to be appropriated $9,760,000 for
each of fiscal years 2014 through 2018.''.
SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.
Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is
amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services
Administration (referred to in this section as the
`Administrator'),'';
(2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and
(j)(1), by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(3) in subsection (h)--
(A) by striking the subsection heading and inserting
``Reporting'';
(B) by striking ``Each protection and advocacy
system'' and inserting the following:
``(1) Reports by systems.--Each protection and advocacy
system''; and
(C) by adding at the end the following:
``(2) Report by secretary.--Not later than 1 year after the
date of enactment of the Traumatic Brain Injury Reauthorization
Act of 2013, the Secretary shall prepare and submit to the
appropriate committees of Congress a report describing the
services and activities carried out under this section during
the period for which the report is being prepared.''.
(4) in subsection (i)--
(A) by striking ``Administrator of the Health
Resources and Services Administration'' and inserting
``Secretary''; and
(B) by striking ``by the Administrator'' and
inserting ``by the Secretary'';
(5) in subsection (k), by striking ``subtitle C'' and
inserting ``subtitle C of title I'';
(6) by striking subsection (l) (relating to authorization of
appropriations); and
(7) by redesignating subsection (m) as subsection (l).
Purpose and Summary
H.R. 1098, Traumatic Brain Injury (TBI) Reauthorization Act
of 2013, would reauthorize the TBI Act of 2008 and continue
brain injury prevention and surveillance activities at the
Centers for Disease Control and Prevention (CDC). The bill also
would provide for State grants administered by Health Resources
and Services Administration (HRSA) to help families access
needed services such as rehabilitation and long-term care. In
addition, HRSA currently provides grants to States for the
protection and advocacy of TBI patients. The bill also would
allow these grant programs to move from HRSA to another agency
within the Department of Health and Human Services (HHS) in
order to better coordinate TBI activities with services and
support available to older Americans and individuals with other
disabilities.
Background and Need for Legislation
Brain injury is a leading cause of death and disability
that affects persons of all ages, races, and income levels.\1\
TBI is a particularly concerning health issue among current and
former military personnel and has been described as ``one of
the signature injuries of troops wounded in Afghanistan and
Iraq.''\2\ TBI can cause epilepsy and increase the risk for
Alzheimer's disease, Parkinson's disease, and other brain
disorders that become more prevalent with age.\3\
---------------------------------------------------------------------------
\1\http://docs.house.gov/meetings/IF/IF14/20131120/101509/HHRG-113-
IF14-Wstate-NageleD_20131120.pdf.
\2\http://www.defense.gov/home/features/2012/0312_tbi/.
\3\http://docs.house.gov/meetings/IF/IF14/20131120/101509/HHRG-113-
IF14-Wstate-NageleD_20131120.pdf.
---------------------------------------------------------------------------
There were 2.4 million emergency department visits,
hospitalizations, or deaths associated with TBI in the United
States in 2009.\4\ According to the CDC, on average, 1.7
million Americans will sustain a TBI each year.\5\ It is
estimated that up to 90,000 of these individuals will
experience long-term, sometimes life-long, impairments as a
result of their injury.\6\
---------------------------------------------------------------------------
\4\http://docs.house.gov/meetings/IF/IF14/20131120/101509/HHRG-113-
IF14-Wstate-NageleD_20131120.pdf.
\5\http://www.cdc.gov/traumaticbraininjury/tbi_ed.html.
\6\http://www.hrsa.gov/about/budget/budgetjustification2013.pdf.
---------------------------------------------------------------------------
Timely and comprehensive treatment is vital to save lives
and improve the quality of life for TBI survivors. Individuals
with TBI may need a variety of services and support, including
rehabilitation, counseling, academic and vocational
accommodations, independent living assistance, transportation
assistance, and vocational training. The TBI Program was first
established in 1996 and reauthorized in 2001 and 2008 to
improve access to these services and supports, among other
goals.\7\ Through the TBI Program, State and Territorial
governments receive funding to help individuals with TBI and
their families receive the comprehensive care and services they
need to manage ongoing conditions caused by their injuries.
---------------------------------------------------------------------------
\7\Pub. L. No. 104-166; Pub. L. No. 106-310; Pub. L. No. 110-206.
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The TBI Act of 2008 directed the Directors of CDC and the
National Institutes of Health (NIH)--in consultation with the
Secretaries of Defense and Veterans Affairs--to submit a report
to Congress describing how CDC can improve TBI surveillance
efforts for individuals formerly in the military and
recommending ways in which these civilian and non-civilian
departments and agencies can collaborate further on TBI
diagnostic tools and treatments.\8\ CDC and NIH completed this
report in June 2013, which included agency-specific
recommendations as well as five general recommendations:
strengthen collaboration, utilize standard definitions, enhance
coding and classification, improve dissemination, and build an
evidence base.\9\
---------------------------------------------------------------------------
\8\Pub. L. No. 110-206.
\9\http://www.nashia.org/pdf/report-to-congress-on-traumatic-brain-
injury-2013-a.pdf.
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Hearings
The Subcommittee on Health held a hearing on Wednesday,
November 20, 2013, entitled ``Examining Public Health
Legislation to Help Local Communities.'' The Subcommittee
received testimony from: Dr. Marsha Ford of the American
Association of Poison Control Centers, Dr. Edward R.B. McCabe
of the March of Dimes Foundation, Ms. Laura Crandall of CJ
Foundation for SIDS, Mr. Robert Mt. Joy of Cornerstone Care
Inc., Dr. Drew Nagele from the Brain Injury Association of
America, Ms. Pat Smith, President of the Lyme Disease
Association Inc., and Dr. Steven Stack of the American Medical
Association. H.R. 1098, the ``Traumatic Brain Injury
Reauthorization Act of 2013,'' was one of the bills discussed
at the hearing.
Committee Consideration
On December 10, 2013, the Subcommittee on Health met in
open markup session and favorably forwarded H.R. 1098, as
amended, to the full Committee by a voice vote.
On December 10 and 11, 2013, the Committee on Energy and
Commerce met in open markup session and approved H.R. 1098, as
amended, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
reported H.R. 1098. A motion by Mr. Upton to order H.R. 1098
reported to the House, with amendment, was agreed to by a voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held an
oversight hearing on this legislation.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the goal of this legislation is to
reauthorize the TBI Act of 2008, continue brain injury
prevention and surveillance activities at CDC, and provide for
State grants administered by HHS to help families access needed
services such as rehabilitation and long-term care.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1098 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 1098 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 8, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1098, the
Traumatic Brain Injury Reauthorization Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Ramirez-
Branum.
Sincerely,
Douglas W. Elmendorf
Enclosure.
H.R. 1098--Traumatic Brain Injury Reauthorization Act of 2013
Summary: H.R. 1098 would amend provisions of the Public
Health Service Act that authorize the Department of Health and
Human Services to conduct activities related to traumatic brain
injury. Those activities, including the study and surveillance
of traumatic brain injury and the awarding of grants that
support access to services, are carried out by the Centers for
Disease Control and Prevention (CDC) and the Health Resources
and Services Administration (HRSA).
The bill would authorize the appropriation of about $16
million annually for fiscal years 2014 through 2018 for
activities related to traumatic brain injury. CBO estimates
that implementing the bill would cost about $74 million over
the 2014-2019 period, assuming appropriation of the authorized
amounts. Pay-as-you-go procedures do not apply to this
legislation because it would not affect direct spending or
revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1098 is shown in the following table.
The costs of this legislation fall within budget function 550
(health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2014-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
CDC:
Authorization Level........................ 6 6 6 6 6 0 31
Estimated Outlays.......................... 2 5 6 6 6 4 29
HRSA:
Authorization Level........................ 10 10 10 10 10 0 49
Estimated Outlays.......................... 2 7 9 10 10 8 45
Total Changes:
Authorization Level........................ 16 16 16 16 16 0 79
Estimated Outlays.......................... 4 12 15 16 16 11 74
----------------------------------------------------------------------------------------------------------------
Note: Numbers may not sum to totals because of rounding.
Basis of estimate: H.R. 1098 would authorize annual
appropriations of about $16 million each year for fiscal years
2014 through 2018 for CDC and HRSA to administer activities
related to traumatic brain injury. The Congress appropriated
about $16 million for such activities for fiscal year 2013.
Sequestration under the Budget Control Act of 2011 reduced the
2013 funding to about $15 million. That reduced funding level
has been continued in fiscal year 2014 through January 15,
2014. For this estimate, CBO assumes that the bill will be
enacted in early 2014 and that the authorized amounts will be
appropriated for each year.
The bill would authorize the appropriation of $6.1 million
annually for the fiscal year 2014-2018 period for CDC to
provide grants to states to develop or operate surveillance
systems that measure the incidence and prevalence of traumatic
brain injury. The authorized appropriations also would support
CDC's efforts to study traumatic brain injury. Based on
historical spending for those activities, CBO estimates that
implementing those provisions would cost about $29 million over
the 2014-2019 period, assuming the appropriation of specified
amounts.
H.R. 1098 would authorize the appropriation of $9.7 million
annually for fiscal years 2014 through 2018 for HRSA to provide
grants to state and tribal governments to expand access to care
and protection services for individuals with traumatic brain
injury. Based on historical patterns of spending for those
activities, CBO estimates that implementing those provisions
would cost about $45 million over the 2014-2019 period,
assuming appropriation of the specified amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 1098
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments that
provide traumatic brain injury services could benefit from
grant funds authorized by the bill.
Estimate prepared by: Federal costs: Lisa Ramirez-Branum
and Santiago Vallinas; Impact on state, local, and tribal
governments: Lisa Ramirez-Branum; Impact on the private sector:
Alexia Diorio.
Estimate approved by: Holly Harvey, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 1098 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 1098 would not
specifically direct to be completed a rulemaking within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides the short title of ``Traumatic Brain
Injury Reauthorization Act of 2013.''
Section 2. CDC programs for prevention and surveillance of Traumatic
Brain Injury
Section 2 would reauthorize the CDC programs for the
prevention and surveillance of TBI (sections 393B and 393C of
the Public Health Service Act (PHSA)) at the currently-
appropriated level of $6.1 million for each of fiscal years
2014 through 2018.
Section 2 also would require a report to Congress no later
than 24 months after the date of enactment by the Secretary,
acting through the Directors of CDC and NIH, and in
consultation with the Secretaries of Defense and Veterans
Affairs, identifying which of the recommendations from the June
2013 report have been adopted and outlining plans for
addressing those recommendations that have not been adopted.
The Committee notes the importance of continued collaboration
amongst civilian and non-civilian Federal departments and
agencies in understanding the burden of TBI amongst current and
former military personnel and preventing and treating of these
injuries.
Section 3. State grants for projects regarding Traumatic Brain Injury
Section 3 would reauthorize State grants for projects
regarding TBI and protection and advocacy services (sections
1252 and 1253 of the PHSA) at the currently-appropriated level
of $9.76 million for each of fiscal years 2014 through 2018.
Section 3, along with provisions in section 4, also would
remove the requirement that the Secretary of HHS make grants
for projects regarding TBI and for protection and advocacy
services through the HRSA Administrator and, instead, gives the
Secretary discretion to move these authorities to another
operating division within HHS. Since the last reauthorization
of the TBI Program, HHS has created a new operating division--
the Administration for Community Living (ACL)--to oversee
programs of services and supports for older Americans and
people with disabilities, and maximize the ability of these
individuals to reside at home and be active participants in
their communities. The Committee believes the TBI authorities
in sections 1252 and 1253 of the PHSA are very much consistent
with ACL's mission and urges the Secretary of HHS to exercise
her discretion to move these TBI programs to ACL.
Section 4. State grants for protection and advocacy services
Section 4 would augment the existing reporting requirement
for protection and advocacy systems. Under current law,
grantees submit an annual report to the Secretary of HHS
describing TBI services and activities conducted under section
1253 of the PHSA. Section 4 requires the Secretary--in turn--to
submit a one-time report to Congress one year after the date of
enactment.
As noted above, protection and advocacy services are
reauthorized in section 3 of the legislation. Section 3 also
would give the Secretary of HHS discretion to have protection
and advocacy services authorized in section 1253 of the PHSA
administered by another operating division within the
Department. The Committee's expectation is that the Secretary
of HHS will exercise her discretion and charge ACL with
administration of this program, along with State TBI grants
authorized in section 1252 of the PHSA.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
* * * * * * *
Part J--Prevention and Control of Injuries
* * * * * * *
prevention of traumatic brain injury
Sec. 393B. (a) * * *
(b) Certain Activities.--Activities under subsection (a) may
include--
(1) * * *
* * * * * * *
(3) the implementation of a national education and
awareness campaign regarding such injury (in
conjunction with the program of the Secretary regarding
[health-status goals for 2010, commonly referred to as
Healthy People 2010] health-status goals for 2020,
commonly referred to as Healthy People 2020),
including--
(A) * * *
* * * * * * *
national program for traumatic brain injury surveillance and registries
Sec. 393C. (a) * * *
[(b) Not later than] (b) Reports.--
(1) Initial report._Not later than 18 months after
the date of enactment of the Traumatic Brain Injury Act
of 2008, the Secretary, acting through the Director of
the Centers for Disease Control and Prevention and the
Director of the National Institutes of Health and in
consultation with the Secretary of Defense and the
Secretary of Veterans Affairs, shall submit to the
relevant committees of Congress a report that contains
the findings derived from an evaluation concerning
activities and procedures that can be implemented by
the Centers for Disease Control and Prevention to
improve the collection and dissemination of compatible
epidemiological studies on the incidence and prevalence
of traumatic brain injury in individuals who were
formerly in the military. The report shall include
recommendations on the manner in which such agencies
can further collaborate on the development and
improvement of traumatic brain injury diagnostic tools
and treatments.
(2) Subsequent report.--Not later than 24 months
after the date of enactment of the Traumatic Brain
Injury Reauthorization Act of 2013, the Secretary,
acting through the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health and in consultation with the
Secretary of Defense and the Secretary of Veterans
Affairs, shall submit to the relevant committees of
Congress a report that--
(A) identifies which recommendations in the
report under paragraph (1) have been adopted
and which recommendations in such report have
not been adopted; and
(B) includes a description of planned
activities to address each recommendation in
such report that has not been adopted.
* * * * * * *
AUTHORIZATIONS OF APPROPRIATIONS
Sec. 394A. For the purpose of carrying out this part, there
are authorized to be appropriated $50,000,000 for fiscal year
1994, [and] such sums as may be necessary for each of the
fiscal years 1995 through 1998, and such sums as may be
necessary for each of the fiscal years 2001 through 2005.[.] Of
the amounts made available to carry out this part for each of
fiscal years 2014 through 2018, there is authorized to be
appropriated $6,100,000 to carry out sections 393B and 393C.
* * * * * * *
TITLE XII--TRAUMA CARE
* * * * * * *
Part E--Miscellaneous Programs
* * * * * * *
SEC. 1252. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary[, acting through the
Administrator of the Health Resources and Services
Administration,] may make grants to States and American Indian
consortia for the purpose of carrying out projects to improve
access to rehabilitation and other services regarding traumatic
brain injury.
* * * * * * *
(f) Use of State and American Indian Consortium Grants.--
(1) Community services and supports.--A State or
American Indian consortium shall (directly or through
awards of contracts to nonprofit private entities) use
amounts received under a grant under this section for
the following:
(A) To develop, change, or enhance community-
based service delivery systems that include
timely access to comprehensive appropriate
services and supports. Such service and
supports--
(i) shall promote full participation
by individuals with [brain injury]
traumatic brain injury and their
families in decision making regarding
the services and supports; and
* * * * * * *
(3) State capacity building.--A State or American
Indian consortium may use amounts received under a
grant under this section to--
(A) * * *
* * * * * * *
(E) tailor existing State or American Indian
consortium systems to provide accommodations to
the needs of individuals with [brain injury]
traumatic brain injury (including systems
administered by the State or American Indian
consortium departments responsible for health,
mental health, labor/employment, education,
intellectual disabilities or developmental
disorders, transportation, and correctional
systems);
* * * * * * *
(h) Report.--Not less than biennially, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Health, Education,
Labor, and Pensions of the Senate, a report describing the
findings and results of the programs established under this
section[,] and section 1253, including measures of outcomes and
consumer and surrogate satisfaction.
* * * * * * *
[(j) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2001 through 2005, and such sums as may be
necessary for each of the fiscal years 2009 through 2012.]
(j) Authorization of Appropriations.--For carrying out this
section and section 1253, there is authorized to be
appropriated $9,760,000 for each of fiscal years 2014 through
2018.
SEC. 1253. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.
(a) In General.--The Secretary[, acting through the
Administrator of the Health Resources and Services
Administration (referred to in this section as the
``Administrator''),] shall make grants to protection and
advocacy systems for the purpose of enabling such systems to
provide services to individuals with traumatic brain injury.
* * * * * * *
(c) Application.--To be eligible to receive a grant under
this section, a protection and advocacy system shall submit an
application to the [Administrator] Secretary at such time, in
such form and manner, and accompanied by such information and
assurances as the [Administrator] Secretary may require.
(d) Appropriations Less Than $2,700,000.--
(1) In general.--With respect to any fiscal year in
which the amount appropriated under subsection (l) to
carry out this section is less than $2,700,000, the
[Administrator] Secretary shall make grants from such
amount to individual protection and advocacy systems
within States to enable such systems to plan for,
develop outreach strategies for, and carry out services
authorized under this section for individuals with
traumatic brain injury.
* * * * * * *
(e) Appropriations of $2,700,000 or More.--
(1) Population basis.--Except as provided in
paragraph (2), with respect to each fiscal year in
which the amount appropriated under subsection (l) to
carry out this section is $2,700,000 or more, the
[Administrator] Secretary shall make a grant to a
protection and advocacy system within each State.
* * * * * * *
(4) Inflation adjustment.--For each fiscal year in
which the total amount appropriated under subsection
(l) to carry out this section is $5,000,000 or more,
and such appropriated amount exceeds the total amount
appropriated to carry out this section in the preceding
fiscal year, the [Administrator] Secretary shall
increase each of the minimum grants amount described in
subparagraphs (A) and (B) of paragraph (3) by a
percentage equal to the percentage increase in the
total amount appropriated under subsection (l) to carry
out this section between the preceding fiscal year and
the fiscal year involved.
* * * * * * *
(g) Direct Payment.--Notwithstanding any other provision of
law, each fiscal year not later than October 1, the
[Administrator] Secretary shall pay directly to any protection
and advocacy system that complies with the provisions of this
section, the total amount of the grant for such system, unless
the system provides otherwise for such payment.
(h) [Annual Report.--] Reporting.-- [Each protection and
advocacy system]
(1) Reports by systems._Each protection and advocacy
system that receives a payment under this section shall
submit an annual report to the [Administrator]
Secretary concerning the services provided to
individuals with traumatic brain injury by such system.
(2) Report by secretary.--Not later than 1 year after
the date of enactment of the Traumatic Brain Injury
Reauthorization Act of 2013, the Secretary shall
prepare and submit to the appropriate committees of
Congress a report describing the services and
activities carried out under this section during the
period for which the report is being prepared.
(i) Data Collection.--The [Administrator of the Health
Resources and Services Administration] Secretary and the
Commissioner of the Administration on Developmental
Disabilities shall enter into an agreement to coordinate the
collection of data [by the Administrator] by the Secretary and
the Commissioner regarding protection and advocacy services.
(j) Training and Technical Assistance.--
(1) Grants.--For any fiscal year for which the amount
appropriated to carry out this section is $6,000,000 or
greater, the [Administrator] Secretary shall use 2
percent of such amount to make a grant to an eligible
national association for providing for training and
technical assistance to protection and advocacy
systems.
* * * * * * *
(k) System Authority.--In providing services under this
section, a protection and advocacy system shall have the same
authorities, including access to records, as such system would
have for purposes of providing services under [subtitle C]
subtitle C of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.
[(l) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
fiscal year 2001, and such sums as may be necessary for each
the fiscal years 2009 through 2012.]
[(m)] (l) Definitions.--In this section:
(1) * * *
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