Category Archives: Federal Law

Senate Passes Brain Injury Program Renewal; House Is Next

Thirty years ago, Congress first passed the Traumatic Brain Injury Act, “to amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury.” The federal program it created has now been without authorization since the end of fiscal year 2024.* On September 29, the Senate passed S.5600, Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2026, by voice vote the same day it was introduced, to possibly fix this financing lapse.

The bill is sponsored by Sen. Alan Armstrong (OK), who was appointed to the Senate following the resignation of Markwayne Mullin, who now serves as the head of the Department of Homeland Security. S.5600 is very similar to Mullin-sponsored S.2898 in content and title, although with date adjustments. However, Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2025 never got past the Senate Health committee (HELP), to which it was referred to on September 18, 2025. (The last action on S.2898 was a star print on October 8, 2025.)

Co-sponsors of S.5600 include Senator Andy Kim (NJ), friend and colleague of Representative Bill Pascrell, Jr. (NJ), a fervent advocate for those with brain injury. The federal traumatic brain injury program is named in honor of a teen from Pascrell’s northern New Jersey district who prompted his advocacy. The 2026 bill’s other cosponsors include John Cornyn (TX) and Catherine Cortez Masto (NV).

S.5600 renews CDC prevention and surveillance work and two Administration for Community Living grant programs through fiscal 2031. It also names the CDC surveillance program after Pascrell, who passed away in 2024. The Bill Pascrell, Jr., National Program for Traumatic Brain Injury Surveillance and Registries handles nationwide tracking, research, and support infrastructure. New provisions add tribal eligibility, track high-risk groups such as public safety officers and domestic-violence survivors, and order a study of long-term effects, including dementia.

The current hurdle is the House, which passed its own version, H.R.1493, in July. That bill runs only through FY2030, so the chambers must reconcile their differences.

Pascrell’s successor, Representative Nellie Pou, acknowledges the importance: “We must get a TBI renewal across the finish line this year.”

*Without federal authorization, Congress can and has still funded programs. However, without a law guarantee of financial funding, it must be newly argued each fiscal year.

2026 Update: Mitigation for Morality and Murder

Brain injury may not excuse a crime, but increasingly it has been used in courtrooms to shape punishment. This month, October 2026, Alberto Sierra’s lawyers showed penalty-phase jurors a 3D-printed model of frontal-lobe damage from childhood car crash, in Miani-Dade. (Their expert, though, did not say the injury caused the triple murder.) In Raleigh, Austin Thompson’s brain injury didn’t prevent five life-without-parole terms in February. However, in Indiana, Jeffrey Weisheit is seeking brain scans to support clemency before his November execution date.

Glowing brain and scrolls balanced on scales inside a Gothic courtroom

The CDC has reported that almost half (46%) of incarcerated adults and about 1 in 3 detained juveniles have a TBI history his. While NIH-indexed studies find only a “modest causal link” between TBI and later convictions, it’s notable that less than 2 percent of the general public has a TBI history. It is uncertain, though, to what side and to what level the cause-and-effect aligns. A small 2023 PubMed-available study of 31 TBI patients found moral decision-making “not uniformly impaired”; lesion location and age at injury matter more.

The conclusion seems to be that brain injury buys mercy, not acquittal.

America’s Silent Emergency, Stroke Act Waits While Senate in Recess

Ben Ray Luján seated in an office beside New Mexico and American flags

“Someone dies of a stroke every 3 minutes and 14 seconds in the United States,” states the CEO of the American Heart Association.” Every second matters when someone experiences a stroke,” Senator Ben Ray Luján (NM) confirms. Luján is himself a stroke survivor, as in 2022 he survived a cerebellar stroke that required emergency brain surgery. On August 5, 2026, he introduced S.5260, the Stroke Act. “I know firsthand how critical it is to receive the right care at the right time.”

The Stroke Act aims to improve stroke care, research, data collection, and prevention nationwide. The bill would authorize $25 million per year through 2032 for NIH research, a CDC national stroke registry, systems-of-care grants, and a public education campaign. Significantly, it is not the first such effort; it follows decades of stroke legislation, including the STOP Stroke Act and the FAST Act.

The current bill has been endorsed by the American Heart Association, in addition to 10 co-sponsors. Though the co-sponsors, including Senator Fetterman, himself a stroke survivor, follow party lines, no opposition to S.5260 has been documented. Upon being introduced, the bill was referred to the Committee on Health, Education, Labor, and Pensions; no further action on the bill has been taken because of Senate’s August recess. 

Federal Crackdown on Commercial Truck Drivers Beyond Immigration

In 2024, Dalilah Coleman was critically injured when an 18-wheeler truck crashed on a California road that the government attributes to an undocumented immigrant driver. On August 31, 2026, in Detroit, Transportation Secretary Sean Duffy and Homeland Security Secretary Markwayne Mullin, joined by Dalilah and her father, announced a major interagency crackdown on the trucking industry, targeting fraud. This fraud specifically applies to commercial licenses and unlicensed, non-English-proficient drivers, as Mullin had warned that unqualified drivers who cannot “understand the rules of the road” are endangering Americans.

Emergency crews respond to a truck and car collision on highway

Motor-vehicle crashes cause about 24.5 percent of all traumatic brain injury hospitalizations. A loaded tractor-trailer presents more danger because it can outweigh a passenger car twentyfold. In 2024, crashes involving large trucks killed 5,340 people and injured an estimated 161,201. Data isolating brain injuries caused by unlicensed commercial drivers does not yet exist, but enforcement figures hint at the scale.

The Federal Motor Carrier Safety Administration also announced the emergency removal of certifications for 110 CDL schools, and the proposed removal of certifications of dozens of other training schools. Totaling over of 160 schools, and associated with more than 5,000 drivers, the FMCSA cites these school for certifying drivers who fail English language proficiency tests. Additionally, since 2025, the USDOT put more than 28,000 drivers “out of service” for English language proficiency violations, though this equals a temporary stop, not a license revocation. They also forced states to cancel over 30,000 improperly issued licenses.

$2.44 Billion Reclaimed: Inside the VA Recoupment Fight

Two women exchange cash and a check at an office desk

Under a law dating to the 1940s, veterans who received separation pay, compensation for time served, had to repay it if they later qualified for VA disability benefits. (Federal rules barred receiving both.) The VA would withhold disability checks until the debt was cleared. From 2013 to 2023, this debt recoupment structure equaled $2.44 billion in separation pay and bonuses from 112,834 veterans.

To many, this payment structure may seem like punishment to the disabled veteran. In 2023, Senator Ruben Gallego’s (AZ) Restore Veterans’ Compensation Act of 2023 which would have barred this practice, arguing the two payments serve different purposes. Since that time, the bill has been reintroduced many times. Most recently, Representative Bilirakis (FL) brought the Restore Veterans’ Compensation Act of 2026 to Congress on January 13, 2026. (HR7027 was referred to the Subcommittee on Disability Assistance and Memorial Affairs on May 7, 2026.)

“It is ridiculous to claw back money from a veteran who has put life and limb on the line, just because later in life they qualify for disability benefits,” stated Gallego, acknowledging the fact that traumatic brain injury symptoms often surface or worsen years after service.

*The bill’s chief criticism is fiscal: ending recoupment means the government forfeits future collections.

Heat, the Brain, and the Law

Red Ford pickup truck driving on a desert road under bright sun with mountains ahead

Extreme heat is a direct threat to the brain. When the body cannot shed heat fast enough, core temperature climbs and heat stroke can follow. This medical emergency leads to overheated blood damaged neurons and can result in cognitive impairment. People already living with a brain injury are especially vulnerable, as damaged temperature-regulating systems make it harder to cool down and easier to slip into confusion, seizures, or worsening symptoms.

Prevention, though, is straightforward and quite simple: hydrate constantly, rest in shade or air conditioning, avoid exertion during the hottest time of the day, and wear light clothing. Most importantly, treat dizziness, nausea, or confusion as warning signs and call 911 immediately when there is sudden confusion or a collapse.

Government response has been uneven. The Occupational Safety and Health Administration’s original Heat National Emphasis Program expired in April 2026 and was replaced by a revised, expanded federal program running through April 2031. H.R. 6213 and S. 4427 would prevent the Department of Labor from putting a national heat safety rule into action.

Profile of a human head with a detailed brain illustration and legal symbols including a gavel, scales, and law book.

On July 21, 2026, the House Education and Workforce Committee advanced the Heat Workforce Standards Act in an 18-15 party-line vote to block OSHA from finalizing such a rule. Opposing it, Rep. Alma Adams (NC) challenged colleagues to “stack boxes on Independence Avenue for a few hours without water and without shade.” In support of the bill, Rep. Tim Walberg (MI) argued that it isn’t fair to impose a “one-size-fits-all” federal mandate across very different industries, climates, and workplace environments. Though all states have extreme temperature concerns, as can be attested in the Northeast right now, it is notable that the opposition comes from not only party lines, but also from regions of the country that often have heat waves.  

Senate’s College Sports Overhaul Includes Safety

On June 2, the Protect College Sports Act, S.4668, was introduced by Senate Commerce Committee Chairman Ted Cruz (TX) alongside Ranking Member Maria Cantwell (WA), Senator Eric Schmitt (MO) and Senator Chris Coons (DE). Chiefly an overhaul of name, image and likeness rules, “It [also] establishes strong health and safety protections,” stated Cruz on June 3, a day that was headlined by a hearing with the former Alabama coach Nick Saban. The legislation would require concussion and brain-injury safety standards enforced by independent officers and create a $60 million annual trust fund for long-term conditions such as CTE.

Infographic showing four pillars of college sports safety: injury prevention, facility safety, medical support, and education preparedness.

The committee voted 19-9 on June 18 to advance it, and it now sits on the Senate calendar awaiting a floor vote. Last week, on July 13, 2026, the bipartisan Protect College Sports Act picked up two new backers, as Senators Shelley Moore Capito (WV) and Peter Welch (VT) signed on as cosponsors. Days later, Senator Eric Schmitt told the Associated Press Sports Editors that they “probably have 60 votes,” meeting the threshold the measure needs to clear the full Senate.

The bill is backed by the NCAA but is opposed by the SEC and Big Ten. However, this opposition appears to be against financial aspects of the bill and about over government overreach, and not about new safety standards. Additionally, a House companion bill, H.R. 9137, remains in committee. President Trump has urged passage “this summer”.

Update: Mercury on the Mind

Industrial refinery at sunset with a yellow danger sign warning of mercury area and hazardous chemicals

Mercury is a potent neurotoxin. It is particularly dangerous for pregnant women and young children. As a 2018 TBI on the Hill piece noted, mercury exposure “may delay developmental milestones” in fetuses and children, and acute poisoning can bring tremors, slurred speech, and hallucinations.

The EPA finalized the 2012 Mercury and Air Toxics Standards, targeting coal- and oil-fired power plants. In 2024, these standards were tightened by Congress. Supporters of this heightening of standards argued that the tighter limits reduced toxic exposures tied to neurological harm. Critics countered that by 2021 mercury emissions were already down 90% from pre-2012 levels, and the 2024 update’s compliance costs outweighed its measurable benefits.

In February 2026, the EPA repealed the 2024 update, reverting to 2012 standards. In turn, on April 27, 2026, Senator Whitehouse (RI) introduced S.J.188 to reinstate 2024 standards, which would nullify the presidential proclamation from earlier this year. When the Act went to the Senate floor on June 3, 2026, the resolution failed 46-53, with voting falling in party lines, as they considered (1) Did the 2024 rule cause unnecessary economic stress on the industry, costs that are then passed on to the consumer”, and/or (2) Are the brain-protective regulations too great for the government to ignore?

FY27 Defense Bill Takes Aim at Military Brain Injuries

Stacks of defense budget documents laid out on a table with the U.S. Capitol building in the background at dusk

The Fiscal Year 2027 National Defense Appropriations Act advances several significant provisions for service members living with traumatic brain injury, moving through both chambers of Congress with bipartisan momentum this June.

The Senate Armed Services Committee approved S. 4784 on June 10 after a three-day markup. The bill includes a provision “requiring the Secretary of Defense to provide a briefing on the feasibility of regular cognitive testing and establishing blast overpressure and TBI logs, and encouraging DoD to approach brain health, blast overpressure exposure tracking, and suicide risk analysis as force health protection.” Additionally, it includes “the provision of training to the armed forces of partner nations in the Indo-Pacific and Arctic regions in the following areas: (A) Health effects and medical response related to chemical, biological, radiological, nuclear, and explosive weapons, (B) Trauma care, (C) Preventive medicine and infectious disease, (D) Post-traumatic stress disorder, (E) Suicide prevention, (F) Traumatic brain injury, (G) Medical and health intelligence, (H) Health policy and administration.”

The House version, H.R. 8800, passed committee 44-12 and includes a section that would create a working group to develop an AI-driven digital strategy for treating brain injuries, and $7.5 million for a Cognitive Performance Enhancement Program for Special Operations Forces. H.R. 8800 has not yet received a floor vote.

The Biggest Veterans Bill in Years Buries a Tinnitus Trap

U.S. flag waving with Capitol building and two military personnel silhouette, text about Veterans Act 2026

House Veterans’ Affairs Chairman Mike Bost (IL) and Senate Veterans’ Affairs Chairman Jerry Moran (KS) introduced the Take Care of America’s Veterans Act (H.R. 9237/S. 4744) on June 10, 2026. This new 554-page, 62-page bill includes many sections that affect the brain injured from multiple angles:

Led by Rep. Jack Bergman (MI), a retired Marine general, and Rep. Sarah Elfreth (MD), the BEACON Act provision authorizes roughly $60 million for VA grants targeting non-pharmacological treatments for mild-to-moderate TBI. The Precision Brain Health Research Act, championed by Sen. Jerry Moran and Sen. Angus King (ME), directs a 10-year VA research plan on repetitive low-level blast injuries. The bill’s TBI provision includes A Blast Overpressure Task Force and HBOT reporting requirement, from Rep. Gregory Murphy (NC). A catastrophic-disability supplement of $833/month would benefit many severe TBI cases.

Furthermore, the package includes the Major Richard Star Act, the Love Lives On Act, and the Veterans’ ACCESS Act, among others. Rep. Gus Bilirakis (FL), a Congressional Brain Injury Task Force member, is among 20 House cosponsors; Senate cosponsors are John Boozman (AR) and Kevin Cramer (ND).

While the bill may appear wholly beneficial, it’s controversial because it offsets costs by reclassifying tinnitus – often a TBI symptom – as a derivative condition. (A derivative condition refers to a medical, legal, or mathematical situation that results directly from a pre-existing or primary cause.) This new classification would eliminate its standalone VA rating and data shows that it could potentially cut $57 billion in benefits for 1.5 million veterans.