Traumatic Brain Injury Act of 2008
PL 110-206 (S.793), enacted 04/28/2008

122 STAT. 714 
PUBLIC LAW 110–206—APR. 28, 2008 
Public Law 110–206 
110th Congress 
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 edu-
cation, 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 redesig-
nated, (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 SURVEIL-
LANCE 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 deter-
mine 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 trau-
matic brain injury to services and supports, and to link such 
42 USC 280b–1d. 
42 USC 280b–1c. 
42 USC 280b–1c. 
42 USC 280b–1b. 
Traumatic Brain 
Injury Act 
of 2008. 
42 USC 201 note. 
Apr. 28, 2008 
[S. 793] 
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122 STAT. 715 
PUBLIC LAW 110–206—APR. 28, 2008 
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 Preven-
tion 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 evalua-
tion 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 para-
graph (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 fol-
lowing: 
‘‘(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 institu-
tional settings, such as nursing homes, correctional facili-
ties, psychiatric hospitals, child care facilities, and residen-
tial 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; 
42 USC 280b–1e. 
42 USC 280b–1d. 
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122 STAT. 716 
PUBLIC LAW 110–206—APR. 28, 2008 
‘‘(B) the comparative effectiveness of interventions 
employed in the course of rehabilitation of individuals with 
brain injuries to achieve the same or similar clinical out-
come; and 
‘‘(C) the adequacy of existing measures of outcomes 
and knowledge of factors influencing differential outcomes. 
‘‘(3) Identifying interventions and therapies that can pre-
vent 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 ‘trau-
matic 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 Sec-
retary 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 Pen-
sions’’; 
(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 consor-
tium’’; 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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122 STAT. 717 
PUBLIC LAW 110–206—APR. 28, 2008 
(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 AMER-
ICAN INDIAN CONSORTIUM’’ after ‘‘STATE’’; 
(B) in paragraph (1) in the matter preceding subpara-
graph (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 ‘‘chil-
dren 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 Representa-
tives, 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 dysfunc-
tion 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 ‘‘sub-
section (i)’’ each place such term appears and inserting ‘‘sub-
section (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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122 STAT. 718 
PUBLIC LAW 110–206—APR. 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 Pen-
sions). 
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. 
(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 Adminis-
trator 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 dem-
onstrated experience in providing training and technical assist-
ance to protection and advocacy systems. 
‘‘(k) SYSTEM AUTHORITY.—In providing services under this sec-
tion, a protection and advocacy system shall have the same authori-
ties, 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. 
Records. 
Contracts. 
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