Policy Corner: November 30, 2018

The Senate HELP Committee Advances the TBI Act Reauthorization

The Senate Committee on Health, Education, Labor and Pensions (HELP) voted Thursday in favor of S.3657, the Traumatic Brain Injury Program Reauthorization Act of 2018, which has now been placed on the Senate Legislative Calendar. Sponsored by Sens. Orrin Hatch (R-Utah) and Bob Casey (D-Pa.), the bill reauthorizes programs administered by the U.S. Department of Health and Human Services’ (HHS) Centers for Disease Control and Prevention (CDC) and the Administration for Community Living (ACL) through fiscal year 2024. The legislation allows CDC to establish a concussion surveillance program and authorizes an additional $5 million each year to implement and to administer. The bill also specifies that the state grant and the protection and advocacy grant program will be administered by the ACL. The authorization level for the state grant program was increased from $5,500,000 to $7,321,000 for each of the fiscal years 2020 through 2024 and the state grants for protection and advocacy services from $3,100,000 to $4,000,000 for each of fiscal years 2020 through 2024. S. 3657 was introduced Nov. 27.

House Pulls Back Proposed Tax Bill

The House of Representatives has delayed a vote on a new tax bill that was anticipated to be voted on today. The bill, which was introduced Monday night, is to make technical corrections to the Tax Cuts and Jobs Act, extend 26 tax breaks, overhaul IRS, provide tax breaks for disaster area residents, and other provisions. However, the bill does not appear to have the votes in the House and may not have support in the Senate. The bill would add $55 billion to the public debt, which disability advocates fear would result in decreased spending for health, education and disability programs.

Home Security Issues a Proposed Public Charge Rule

The Department of Homeland Security (DHS) has issued a proposed rule to change the way it determines whether someone is likely to become a “public charge” and thus may be restricted from entering the country or becoming a lawful permanent resident. The proposed rule would dramatically lower the bar for these determinations and would make it much more likely that people with disabilities would be deemed a public charge due to perceived need for public benefits. The current threshold applied by the government, after extensive consultation with other federal agencies with relevant expertise, such as the Department of Health and Human Services, the Social Security Administration, and the U.S. Department of Agriculture, counts only cash benefits for income maintenance, such as Temporary Aid to Needy Families and Supplemental Security Income (SSI), and long-term institutionalization at government expense.

DHS proposes to expand the consideration of benefits to include an array of other benefits and services commonly used by people with disabilities, including Medicaid, Supplemental Nutrition Assistance Program benefits (SNAP or Food Stamps), Section 8 housing vouchers and project-based rental assistance, Medicare Part D benefits, and possibly Children’s Health Insurance Program (CHIP) benefits. Comments to the proposal are due on or before Dec. 10. Click here for more information.

House Democratic Caucus Elects Leadership

This week, the House Democratic Caucus elected Rep. Nancy Pelosi (D-Calif.) to serve as Speaker of the House next year, a position she previously held from 2007-2011, when the democrats were in the majority. Democrats also elected Reps. Steny Hoyer (D-Md.) as Majority Leader and James Clyburn (D-S.C.) as Majority Whip. The House will hold a floor vote for leadership Jan. 3, when the new 116th Congress convenes.

115th Congress Will Meet for Two More Weeks

The lame duck Congress will work until Dec. 13, before adjourning for this session. Lawmakers need to pass the remaining appropriations bills that are set to expire Dec. 7. To avoid a government shutdown, Congress needs to extend funding for seven appropriation bills: Commerce, Commerce, Justice, Science and Related Agencies; Interior, Environment and Related Agencies; Financial Services and General Government; Agriculture, Rural Development, Food and Drug Administration and Related Agencies; Homeland Security; Transportation, Housing and Urban Development and Related Agencies; and State, Foreign Operations and Related Agencies.

Appropriation bills affecting the Departments of Defense, Labor, Health and Human Services, and Education have already been signed into law, providing funding these federal agencies through Sept. 30, 2019.

Save the Date: CBITF Sets 2019 Brain Injury Awareness Day

Now that the House of Representatives has published its 2019 working calendar, the Congressional Brain Injury Task Force (CBITF) has scheduled Brain Injury Awareness Day for March 13, 2019, when members are in session. CBITF had tentatively scheduled the day on two different weeks, depending on when members would be in town. Mark your calendars for a day of advocacy!

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action.