Policy Information

TBI Act Background

The Traumatic Brain Injury Act of 1996 (Public Law 104-166), as amended in 2000, provided for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes. It is the only Federal law that specifically addresses the issues faced by at least 5.3 million American children and adults who live with a permanent disability as a result of traumatic brain injury (TBI). Specifically, the TBI Act of 1996 authorized appropriations to the:

• Centers for Disease Control and Prevention for projects for public information and education to prevent injuries and for broadening the awareness of the public concerning the public health consequences of such injury; and to develop a uniform reporting system under which States report incidents of traumatic brain injury.
• U.S. Department of Health and Human Services, Health Resources and Services Administration, to make grants to States and Territories for the purpose of carrying out demonstration projects to improve access to health and other services.
• National Institutes of Health to conduct a national consensus conference on managing traumatic brain injury and related rehabilitation concerns; and to awards grants or contracts for the conduct of basic and applied research regarding traumatic brain injury.

On October 17, 2000, President Bill Clinton signed the TBI Act Amendments of 2000 as Title XIII of the Children’s Health Act of 2000. The Children’s Health Act of 2000 (Public Law 106-310 - PDF 459KB) is a compilation of many different bills, both new and existing, that amended the Public Health Service Act with respect to children’s health.

The legislation expanded duties of the Centers for Disease Control and Prevention to include:

1. the implementation of a national education and awareness campaign regarding injury in conjunction with the goals set forth in Healthy People 2010;
2. a new subsection regarding traumatic brain injury registries; and
3. expanded the study of incidence and prevalence of traumatic brain injury to specifically include:
   • individuals in institutional settings,
   • individuals with mild brain injury, and
   • to report findings on mild brain injury to Congres

The legislation authorized the Health Resources and Services Administration (HRSA) to make capacity building grants to States and Territories to improve access to health and other services for individuals with traumatic brain injury and their families, and removed the term “demonstration” to denote the type of projects to be awarded. The 2000 Amendments also:

• added language that recognizes self-determination, and consumer direction of services and supports;
• expanded the type and range of projects that could be funded, from consumer education to service coordination systems to improved data sets coordinated across systems;
• allowed States to use “in-kind” matches, in lieu of State dollar matches;
• required the State Agency responsible for administering amounts received under the grant to be able to demonstrate that it has knowledge and expertise of traumatic brain injury and the unique needs associated with TBI;
• required State services and supports to reflect best practices in the field of traumatic brain injury and to be in compliance with Title II of the Americans with Disabilities Act of 1990; and
• recognized that existing State systems could be tailored or expanded to accommodate the needs of individuals with TBI, including State Agencies that administer health, mental health, labor/employment, education, developmental disabilities, transportation, and correctional systems.

The 2000 Amendments added a new section authorizing HRSA to make grants to State Protection and Advocacy Systems for advocacy services for individuals with TBI. Services include:

• information, referrals, and advice;
• individual and family advocacy;
• legal representation; and
• specific assistance in self-advocacy.

TBI Act History [Word 58KB]