[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 793 Enrolled Bill (ENR)]
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 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;
``(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'';
(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;
(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.