Policy Corner: March 6, 2020

Stakeholders Circulate CBITF’s Dear Colleague Sign on Letter for TBI Appropriations

On Brain Injury Awareness Day, held March 4, stakeholders asked their representatives to sign on to the Congressional Brain Injury Task Force (CBITF) “Dear Colleague” letter requesting additional funding for the Administration for Community Living (ACL) Traumatic Brain Injury (TBI) program; the ACL TBI Model Systems of Care program, funded by the National Institute on Disability, Independent Living, and Rehabilitation Research; and for the Centers for Disease Control and Prevention to establish the National Concussion Surveillance System. The signatures for the letter are being collected by Carrie Swope in Rep. Bill Pascrell’s (D-N.J.) office. In order to get the letter to House appropriators by the March 13 deadline, signatures are due March 9. If you wish to contact your representative to sign on, please do so ASAP. For more information, contact BIAA Director of Government Affairs Amy Colberg.

Senate Passes Older Americans Act with TBI Screening Included

The U.S. Senate passed the “Supporting Older Americans Act of 2020,” via unanimous consent earlier this week. The U.S. House of Representatives is expected to take action to approve the bill and send it to the president’s desk in the near future. The bill contains provisions that were regarding screening for TBI after a fall and including TBI in health promotion activities.

Pascrell, Colleagues Introduce Bipartisan Legislation to Improve Trauma Training for Law Enforcement

CBITF co-chairs Reps. Bill Pascrell, Jr. (D-N.J.) and Don Bacon (R-Neb.), along with Reps. John Rutherford (R-Fla.), T.J. Cox (D-Calif.), and Val Demings (D-Fla.), introduced the “TBI and PTSD Law Enforcement Training Act,” H.R. 6008. The legislation would implement several measures to better train law enforcement for interactions with individuals suffering from TBI or post-traumatic stress disorder (PTSD).

“Symptoms of TBI and PTSD can be difficult to identify, which can lead to confusion and a potentially unnecessary escalation of a situation,” said Rep. Pascrell. “This bill will equally help our first responders as well as those dealing with the everyday symptoms of TBI, PTSD, and other trauma-related ailments,” Rep. Pascrell explained in a press release.

House Passes Resolution Condemning Violence Against Children Globally

The U.S. House of Representatives passed H.Res.230 this week expressing the sense of the House of Representatives that the United States condemns all forms of violence against children globally and recognizes the harmful impacts of violence against children. It was agreed to by voice vote. The resolution was authored by Rep. James P. McGovern (D-Mass.), Chairman of the House Rules Committee Chairman and Co-Chair of the Tom Lantos Human Rights Commission, and introduced along with Rep. Joe Wilson (R-S.C.). The resolution calls on the U.S. government to develop and implement a comprehensive and coordinated strategy built on evidence-based practices, including the technical package called “INSPIRE: Seven Strategies for Ending Violence against Children,” put forth by the World Health Organization.

Senate Blocks the Bipartisan Background Checks Act Passed by House

The U.S. Senate objected to the House-passed Bipartisan Background Checks Act, H.R. 8, that prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. It was stopped by an objection to proceed and pass the bill in the Senate. The prohibition would not apply to certain firearm transfers, such as a gift between spouses in good faith.

U.S. Supreme Court Agrees to Hear ACA Challenge

Earlier this week, the U.S. Supreme Court agreed to hear the Texas vs. U.S. case, which addresses the constitutionality of the Affordable Care Act (ACA). The Fifth Circuit Court of Appeals has ruled that the ACA was unconstitutional based on the fact that the constitutionality of the ACA had previously been determined by the U.S. Supreme Court with regard to Congress’ taxing authority. The individual mandate tax penalty was then eliminated, meaning that taxing authority no longer existed.

The Fifth Circuit Court of Appeals originally sent the case back down to the District Court to determine whether the whole law needed to be struck down as unconstitutional or if parts of it could remain. However, the House of Representatives and several states that support the ACA petitioned the Supreme Court to take the case up. While the Court denied an expedited hearing, it has granted a petition for appeal, which will allow the case to be heard in its next term. That means that the earliest oral arguments could be scheduled in October at the earliest, and it’s possible a decision would not come out until next year.

This case does not have any legal effect on the current marketplace. People who receive their health insurance coverage will continue to be covered and receive any premium assistance to which they are entitled while this case is pending before the Supreme Court.