S. 793

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

An Act

To provide for the expansion and improvement of traumatic brain injury programs.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress 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 (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 (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) 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.) 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
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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 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. 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;
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‘‘(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’’;
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(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;
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(4) by inserting after subsection (h) the following:

‘‘(i) 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) 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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.