text: 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 those with traumatic brain injury 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''.
target: Traumatic Brain Injury Act of 2008 - (Sec. 3) Amends the Public Health Service Act to revise the national program for traumatic brain injury registries to make grants for state traumatic brain injury surveillance systems or registries (currently, only for registries) to: (1) determine the incidence and prevalence of traumatic brain injury and related disability; (2) ensure the uniformity of reporting under each such system or registry; (3) link individuals with traumatic brain injury to services and supports; and (4) link such individuals with academic institutions to conduct applied research.
  
  Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to report to the relevant congressional committees on activities and procedures that can be implemented by the CDC to improve the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in those who were formerly in the military.
  
  (Sec. 4) Authorizes the Secretary, acting through the Director of CDC, to conduct a study to: (1) determine the incidence of traumatic brain injury and prevalence of traumatic brain injury related disability; (2) report national trends in traumatic brain injury; (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries; (4) identify interventions and therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury; and (5) develop practice guidelines for such rehabilitation.
  
  (Sec. 5) Authorizes appropriations for FY2009-FY2012 for NIH's trauma research program.
  
  (Sec. 6) Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia (currently, only to states) to improve access to rehabilitation and other services (currently, to health and other services) regarding traumatic brain injury. Authorizes appropriations for such grants for FY2009-FY2012.
  
  Requires the Administrator and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. Authorizes appropriations for FY2009-FY2012.
feat_title: To provide for the expansion and improvement of traumatic brain injury programs.