[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 715]]
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 716]]
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 717]]
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 718]]
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. 110-567 accompanying H.R. 1418 (Comm. on Energy and
Commerce).
SENATE REPORTS: No. 110-140 (Comm. on Health, Education, Labor, and
Pensions).
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.