Policy Corner: March 19, 2024

Federal Updates

House Committee Advances TBI Act Reauthorization

On Tuesday, the U.S. House Energy and Commerce Committee Subcommittee on Health, chaired by Rep. Cathy McMorris Rodgers (R-Wash.), passed unanimously the Dennis John Benigno Traumatic Brain Injury (TBI) Program Reauthorization Act, H.R. 7208. The bi-partisan bill is cosponsored by Congressional Brain Injury Task Force Co-chairs, Rep. Don Bacon (R-Neb.) and Rep. Bill Pascrell, Jr. (D-N.J.). The Subcommittee approved an amendment to rename the bill for Benigno, a constituent of Rep. Bill Pascrell, Jr. (D-N.J.) and North Jersey resident who suffered a TBI when he was struck by a car as a pedestrian.

In February 2024, Rep. Pascrell offered detailed testimony to the Health Subcommittee recommending passage and called on the panel to:

• Increase the authorization level for the Administration for Community Living (ACL) TBI State Partnership Program for fiscal years 2025 to 2029.
• Direct the Secretary of Health & Human Services to conduct a study about federally designating brain injury as a chronic condition.
• Prioritize clarifying service eligibility for the TBI Act to make distinctions between external force injuries versus those that are internal force injuries.
• Continue to authorize the Centers for Disease and Prevention (CDC) TBI Programs and National Concussion Surveillance System for data collection of the disease prevalence of brain injuries.
• Include ACL’s Protection and Advocacy Program as the nation’s largest provider of legally-based advocacy services for people with disabilities.

“A traumatic brain injury is a terrible burden for millions of Americans who suffer one, but also their many family members and loved ones, too,” said Rep. Pascrell. “The TBI Act remains the preeminent federal program to support the medical and societal needs of 5.3 million Americans living with lifelong disabilities due to traumatic brain injury. From vehicle accidents to youth sports to servicemembers wounded in combat, the causes of brain injuries are diverse and those suffering with the aftereffects need our attention and federal resources to combat this silent epidemic. Named for Dennis John Benigno and his family in our district, my legislation will go a long way to helping raise awareness for TBI and building support to treat it.”

Senate Armed Services Committee Holds Hearing on Military-Related TBIs

On Feb. 28, 2024, the Senate Armed Services Subcommittee on Personnel, chaired by Senator Elizabeth Warren (D-Mass.), held a hearing on the impact of blast injuries and the need for the Department of Defense (DoD) to do better to care for servicemembers who sustain traumatic brain injuries (TBIs) and other injuries that result from firing weapons. In her opening statement, Senator Warren said that DoD is not meeting its responsibilities and reinforced four critical solutions needed to address the growing risks and harm presented by blast overpressure, including: 1) developing strategies specific to the military occupational specialties that are most at-risk to blast overpressure, 2) establishing blast exposure and TBI logs for recordkeeping, 3) requiring regular cognitive health assessments for service members, and 4) establishing more accurate safety limits for weapons usage during training.

Two panels provided their perspective on protecting and treating servicemembers from blast overpressure and TBIs. The first panel consisted of: Dr. Samantha McBirney, Professor of Policy Analysis at the Pardee RAND Graduate School; Dr. Ross Zafonte, Chief of Traumatic Brain Injury and Health and Wellness Programs at Home Base; and Frank Larkin, Chief Operating Officer of Troops First Foundation and Lead of the National Warrior Call Day Initiative. The second panel consisted of officials from the DoD and Walter Reed to hear how DoD is tackling this issue: Dr. Lester Martinez-López, Assistant Secretary of Defense for Health Affairs; Kathy Lee, Director of Warfighter Brain Health Policy at DoD; and Captain Carlos Williams, Director of the National Intrepid Center of Excellence at Walter Reed National Military Medical Center. You may view their testimony here.

President Releases Budget Request for FY 2025

On Monday, President Joe Biden released the President’s Budget Request for FY 2025, outlining his priorities and recommendations for funding federal programs beginning Oct. 1, 2024. The President’s budget requests recommended level funding for both the U.S. Department of Health and Human Services (HHS)’ Administration for Community Living (ACL) Traumatic Brain Injury Programs (state grant and protection & advocacy programs) and the Centers for Disease Control and Prevention’ (CDC) Injury Center’s TBI program as authorized by the TBI Act. The amount requested for ACL is $13.118 million that is used to fund grants to assist with developing comprehensive, coordinated family-and person-centered service systems at the state and community level for individuals living with a TBI. ACL also administers grants to P&A entities to provide support to people with TBI and their families in accessing services and assistance. The President’s budget recommends $8.25 million for the CDC TBI program.

Meanwhile, Congress is still working on FY 2024 funding for the remainder of the current fiscal year for six appropriation bills that include funding for Labor-Health and Human Services (HHS), Education and Related Agencies. These agencies and programs are currently being funded under the fourth continuing resolution (CR) that is set to expire March 22. On Friday, March 8, Congress approved a full-year appropriations for FY 2024 under a “minibus” for six appropriations bills: Agriculture, Commerce-Justice-Science, Energy-Water, Interior-Environment, Military Construction-VA, and Transportation-HUD. The President signed the measure.