Policy Corner: July 30, 2021

House Passes Appropriations Minibus

The House of Representatives passed a minibus of seven fiscal year (FY) 2022 appropriations bills yesterday, combining seven appropriations bills in a FY 2022 budget package: Labor, Health and Human Services, Education, and Related Agencies; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Energy and Water Development, and Related Agencies; Financial Services and General Government; Interior, Environment, and Related Agencies; Military Construction, Veterans Affairs, and Related Agencies; and Transportation, and Housing and Urban Development, and Related Agencies. The seven-bill minibus includes increased funding for the Department of Health and Human Services’ Administration for Community Living (ACL) Traumatic Brain Injury (TBI) Program (+$4 million) and the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) research program (+$11.8 million). The bill also includes an additional $2 million for Centers for Disease Control and Prevention’s National Injury Center to implement the national concussion surveillance system, particularly addressing concussions associated with children and youth.

The bill provides a total of $15.3 million for the ACL TBI program, including the recommended increase, with the funding directed to sustain and expand existing programs and award funding to additional states. The bill recommends a total of $124.8 million for NIDILRR with the additional funding to be used to increase annual grant funding to model systems centers, $100,000 for the TBI Model Systems National Data and Statistical Center, and $2 million to increase the number of federally funded Spinal Cord Injury Model Systems. Additional funding is also included for the National Institutes of Health (NIH) BRAIN Initiative.

The minibus includes an additional $7.1 million above the FY 2021 funding for a total of $14.2 million for the ACL respite care program, which provides grants to eligible state organizations to improve access to respite care for family caregivers. The bill also includes $17.2 billion for special education, an increase of $3.1 billion above FY 2021, of which $15.5 billion in total would be for Part B grants to states (an increase of $2.6 billion above the FY 2020 enacted level). Part B under the Individuals with Disabilities Education Act (IDEA) provides funding for special education and related services for school-aged children with disabilities, including TBI, ages 3-21. 

House Expected to Pass HAVANA Bill

The House is expected to take up the “Helping American Victims Afflicted by Neurological Attacks Act of 2021” or the HAVANA Act, S.1828, sponsored by Sen. Susan Collins (R-Maine), today. The bill specifically authorizes the Central Intelligence Agency, the Department of State, and other agencies to provide payments to agency personnel who incur brain injuries from hostilities while on assignment.

Senate Advances Infrastructure Bill

The Senate advanced a nearly $1 trillion bipartisan infrastructure investment bill this week, paving the way for a formal debate and possible passage. The legislation includes funding for roads, bridges, broadband, and other physical infrastructure, and is to be part of a package that includes a second bill, known as the “human infrastructure” bill. This second bill is to be introduced as a budget reconciliation bill, which will require a simple majority (51) vote. The reconciliation package is to include many provisions of the President’s Jobs and Family Plan that provides funding for Medicaid Home- and Community-Based Services, including measures to retain direct support professionals that provide in-home and other supports and to support caregivers of individuals with disabilities, including brain injury, and older adults.

President Releases Guidance on Long COVID and the ADA

President Joe Biden held a press conference Monday to celebrate the 31st anniversary of the Americans with Disabilities Act (ADA). During the press conference, he announced a new guidance suggesting Long COVID could be considered a disability in some cases under federal civil rights laws. This guidance explains that Long COVID can be a disability under Titles II (state and local government) and III (public accommodations) of the ADA, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Patient Protection and Affordable Care Act. Each of these federal laws protects people with disabilities from discrimination.

The U.S. Department of Education’s Office for Civil Rights and Office of Special Education and Rehabilitative Services also issued a new resource: Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families. The resource builds upon the guidance issued by the Departments of Justice and Health and Human Services. For young children and students, Long COVID can be a disability that gives rise to IDEA eligibility and may also be a disability under Section 504 of the Rehabilitation Act and the ADA. The resource reminds all members of the education community that existing procedures and protections under IDEA, Section 504, and the ADA apply to students of all ages whose Long COVID is a disability.

Congress Adjourns for August Recess

The House of Representatives is adjourning for the August recess. Earlier this week, Senate Majority Leader Chuck Schumer said that the Senate could be in session through this weekend to work on the final details of the infrastructure plan before adjourning.

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action. Click here to read past issues of Policy Corner.