[110th Congress Public Law 206]
[From the U.S. Government Printing Office]


[DOCID: f:publ206.110]

[[Page 713]]

                   TRAUMATIC BRAIN INJURY ACT OF 2008

[[Page 122 STAT. 714]]

Public Law 110-206
110th Congress

                                 An Act


 
 To provide for the expansion and improvement of traumatic brain injury 
             programs. <<NOTE: Apr. 28, 2008 -  [S. 793]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Traumatic Brain Injury 
Act of 2008. 42 USC 201 note.>> assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Traumatic Brain Injury Act of 2008''.
SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.

    Part J of title III of the Public Health Service Act (42 U.S.C. 280b 
et seq.) is amended--
            (1) by redesignating the section 393B <<NOTE: 42 USC 280b-
        1b.>>  (42 U.S.C. 280b-1c) relating to the use of allotments for 
        rape prevention education, as section 393A and moving such 
        section so that it follows section 393;
            (2) by redesignating existing section 393A <<NOTE: 42 USC 
        280b-1c.>>  (42 U.S.C. 280b-1b) relating to prevention of 
        traumatic brain injury, as section 393B; and
            (3) by redesignating the section 393B (42 U.S.C. 280b-1d) 
        relating to traumatic brain injury registries, as section 393C.
SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE 
                    CONTROL AND PREVENTION.

    (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section 
393B(b)(3)(A) of the Public Health Service Act, as so redesignated, (42 
U.S.C. 280b-1b) <<NOTE: 42 USC 280b-1c.>>  is amended by striking ``from 
hospitals and trauma centers'' and inserting ``from hospitals and 
emergency departments''.

    (b) National Program for Traumatic Brain Injury Surveillance and 
Registries.--Section 393C of the Public Health Service Act, as so 
redesignated, (42 U.S.C. 280b et seq.) <<NOTE: 42 USC 280b-1d.>>  is 
amended--
            (1) in the section heading, by inserting ``surveillance 
        and'' after ``national program for traumatic brain injury''; and
            (2) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``may make grants'' and all that follows 
        through ``to collect data concerning--'' and inserting ``may 
        make grants to States or their designees to develop or operate 
        the State's traumatic brain injury surveillance system or 
        registry to determine the incidence and prevalence of traumatic 
        brain injury and related disability, to ensure the uniformity of 
        reporting under such system or registry, to link individuals 
        with traumatic brain injury to services and supports, and to 
        link such

[[Page 122 STAT. 715]]

        individuals with academic institutions to conduct applied 
        research that will support the development of such surveillance 
        systems and registries as may be necessary. A surveillance 
        system or registry under this section shall provide for the 
        collection of data concerning--''.

    (c) Report.--Section 393C <<NOTE: 42 USC 280b-1d.>>  of the Public 
Health Service Act (as so redesignated) is amended by adding at the end 
the following:

    ``(b) 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.''.
SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.

    Part J of title III of the Public Health Service Act (42 U.S.C. 280b 
et seq.) is amended by inserting after section 393C, as so redesignated, 
the following:
``SEC. 393C-1. <<NOTE: 42 USC 280b-1e.>>  STUDY ON TRAUMATIC BRAIN 
                              INJURY.

    ``(a) Study.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention with respect to paragraph (1) 
and in consultation with the Director of the National Institutes of 
Health and other appropriate entities with respect to paragraphs (2), 
(3), and (4), may conduct a study with respect to traumatic brain injury 
for the purpose of carrying out the following:
            ``(1) In collaboration with appropriate State and local 
        health-related agencies--
                    ``(A) determining the incidence of traumatic brain 
                injury and prevalence of traumatic brain injury related 
                disability and the clinical aspects of the disability in 
                all age groups and racial and ethnic minority groups in 
                the general population of the United States, including 
                institutional settings, such as nursing homes, 
                correctional facilities, psychiatric hospitals, child 
                care facilities, and residential institutes for people 
                with developmental disabilities; and
                    ``(B) reporting national trends in traumatic brain 
                injury.
            ``(2) Identifying common therapeutic interventions which are 
        used for the rehabilitation of individuals with such injuries, 
        and, subject to the availability of information, including an 
        analysis of--
                    ``(A) the effectiveness of each such intervention in 
                improving the functioning, including return to work or 
                school and community participation, of individuals with 
                brain injuries;

[[Page 122 STAT. 716]]

                    ``(B) the comparative effectiveness of interventions 
                employed in the course of rehabilitation of individuals 
                with brain injuries to achieve the same or similar 
                clinical outcome; and
                    ``(C) the adequacy of existing measures of outcomes 
                and knowledge of factors influencing differential 
                outcomes.
            ``(3) Identifying interventions and therapies that can 
        prevent or remediate the development of secondary neurologic 
        conditions related to traumatic brain injury.
            ``(4) Developing practice guidelines for the rehabilitation 
        of traumatic brain injury at such time as appropriate scientific 
        research becomes available.

    ``(b) Dates Certain for Reports.--If the study is conducted under 
subsection (a), the Secretary shall, not later than 3 years after the 
date of the enactment of the Traumatic Brain Injury Act of 2008, submit 
to Congress a report describing findings made as a result of carrying 
out such subsection (a).
    ``(c) Definition.--For purposes of this section, the term `traumatic 
brain injury' means an acquired injury to the brain. Such term does not 
include brain dysfunction caused by congenital or degenerative 
disorders, nor birth trauma, but may include brain injuries caused by 
anoxia due to trauma including near drowning. The Secretary may revise 
the definition of such term as the Secretary determines necessary.''.
SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES 
                    OF HEALTH.

    Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is 
amended--
            (1) in subsection (b)(2), by striking ``Labor and Human 
        Resources'' and inserting ``Health, Education, Labor, and 
        Pensions'';
            (2) in subparagraph (D) of subsection (d)(4), by striking 
        ``head brain injury'' and inserting ``brain injury''; and
            (3) in subsection (i), by inserting ``, and such sums as may 
        be necessary for each of the fiscal years 2009 through 2012'' 
        before the period at the end.
SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES 
                    AND SERVICES ADMINISTRATION.

    (a) State Grants for Demonstration 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)--
                    (A) by striking ``may make grants to States'' and 
                inserting ``may make grants to States and American 
                Indian consortia''; and
                    (B) by striking ``health and other services'' and 
                inserting ``rehabilitation and other services'';
            (2) in subsection (b)--
                    (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and 
                (3)(A)(iv), by striking the term ``State'' each place 
                such term appears and inserting the term ``State or 
                American Indian consortium''; and
                    (B) in paragraph (2), by striking ``recommendations 
                to the State'' and inserting ``recommendations to the 
                State or American Indian consortium'';

[[Page 122 STAT. 717]]

            (3) in subsection (c)(1), by striking the term ``State'' 
        each place such term appears and inserting ``State or American 
        Indian consortium'';
            (4) in subsection (e), by striking ``A State that received'' 
        and all that follows through the period and inserting ``A State 
        or American Indian consortium that received a grant under this 
        section prior to the date of the enactment of the Traumatic 
        Brain Injury Act of 2008 may complete the activities funded by 
        the grant.'';
            (5) in subsection (f)--
                    (A) in the subsection heading, by inserting ``and 
                American Indian Consortium'' after ``State'';
                    (B) in paragraph (1) in the matter preceding 
                subparagraph (A), paragraph (1)(E), paragraph (2)(A), 
                paragraph (2)(B), paragraph (3) in the matter preceding 
                subparagraph (A), paragraph (3)(E), and paragraph 
                (3)(F), by striking the term ``State'' each place such 
                term appears and inserting ``State or American Indian 
                consortium''; and
                    (C) in clause (ii) of paragraph (1)(A), by striking 
                ``children and other individuals'' and inserting 
                ``children, youth, and adults'';
            (6) in subsection (h)--
                    (A) by striking ``Not later than 2 years after the 
                date of the enactment of this section, the Secretary'' 
                and inserting ``Not less than biennially, the 
                Secretary'';
                    (B) by striking ``Commerce of the House of 
                Representatives, and to the Committee on Labor and Human 
                Resources'' and inserting ``Energy and Commerce of the 
                House of Representatives, and to the Committee on 
                Health, Education, Labor, and Pensions''; and
                    (C) by inserting ``and section 1253'' after 
                ``programs established under this section,'';
            (7) by amending subsection (i) to read as follows:

    ``(i) Definitions.--For purposes of this section:
            ``(1) The terms `American Indian consortium' and `State' 
        have the meanings given to those terms in section 1253.
            ``(2) The term `traumatic brain injury' means an acquired 
        injury to the brain. Such term does not include brain 
        dysfunction caused by congenital or degenerative disorders, nor 
        birth trauma, but may include brain injuries caused by anoxia 
        due to trauma. The Secretary may revise the definition of such 
        term as the Secretary determines necessary, after consultation 
        with States and other appropriate public or nonprofit private 
        entities.''; and
            (8) in subsection (j), by inserting ``, and such sums as may 
        be necessary for each of the fiscal years 2009 through 2012'' 
        before the period.

    (b) 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 subsections (d) and (e), by striking the term 
        ``subsection (i)'' each place such term appears and inserting 
        ``subsection (l)'';
            (2) in subsection (g), by inserting ``each fiscal year not 
        later than October 1,'' before ``the Administrator shall pay'';
            (3) by redesignating subsections (i) and (j) as subsections 
        (l) and (m), respectively;

[[Page 122 STAT. 718]]

            (4) by inserting after subsection (h) the following:

    ``(i) <<NOTE: Contracts.>>  Data Collection.--The Administrator of 
the Health Resources and Services Administration and the Commissioner of 
the Administration on Developmental Disabilities shall enter into an 
agreement to coordinate the collection of data by the Administrator 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 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.
            ``(2) Definition.--In this subsection, the term `eligible 
        national association' means a national association with 
        demonstrated experience in providing training and technical 
        assistance to protection and advocacy systems.

    ``(k) <<NOTE: Records.>>  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 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000.''; and
            (5) in subsection (l) (as redesignated by this subsection) 
        by striking ``2002 through 2005'' and inserting ``2009 through 
        2012''.

    Approved April 28, 2008.

LEGISLATIVE HISTORY--S. 793 (H.R. 1418):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-140 (Comm. on Health, Education, Labor, and 
Pensions).
SENATE REPORTS: No. 110-567 accompanying H.R. 1418 (Comm. on Energy and 
Commerce).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Dec. 11, considered and passed 
                                        Senate.
                                                        Vol. 154 (2008):
                                    Apr. 8, considered and passed House, 
                                        amended.
                                    Apr. 10, Senate concurred in House 
                                        amendment.

                                  <all>