Gillibrand, Senators Announce Bipartisan Bill to Mitigate Blast Overpressure and Protect Service Members

Gillibrand, Senators Announce Bipartisan Bill to Mitigate Blast Overpressure and Protect Service Members

Apr 15, 2024

Blast Overpressure Safety Act Would Require Defense Department To Enact Better Blast Overpressure Screening, Tracking, Prevention, And Treatment

Today, U.S. Senator Kirsten Gillibrand, a member of the Senate Armed Services Committee, alongside 11 other senators introduced the Blast Overpressure Safety Act - bipartisan legislation that would direct the Department of Defense (DoD) to enact a variety of measures to help mitigate and protect service members from blast overpressure. Representative Ro Khanna (D-Calif.) will introduce the bill in the House of Representatives.

During just three months in 2023, DoD provided treatment to service members nearly 50,000 times for traumatic brain injuries (TBI), which are considered the "signature wound" of the Iraq and Afghanistan wars. For troops with mild TBI, "the most important cause of brain injury was the long-term exposure to explosive weapons." Researchers in Afghanistan also determined that, "75 percent of the troops' (blast) exposure was coming from their own weapons." Despite this, service members continue to train with weapons with unsafe blast levels.

"Far too many of our nation's service members suffer traumatic brain injuries as a result of their service and we must do more to ensure they receive the care they deserve," said Senator Gillibrand. "The Blast Overpressure Safety Act is a step in the right direction to ensure our service members are better protected from the dangerous shockwaves from explosive weapons and prevent traumatic brain injuries. I am proud to join my colleagues in introducing this bill and look forward to getting it passed."

The bill is co-sponsored by Senators Elizabeth Warren (D-Mass.), Joni Ernst (R-Iowa), Rick Scott (R-Fla.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Tim Kaine (D-Va.), Tammy Duckworth (D-Ill.), and Markwayne Mullin (R-Okla.), Thom Tillis (R-N.C.), Ben Cardin (D-Md.), and Susan Collins (R-Maine).

The bill is endorsed by the Wounded Warrior Project.

Specifically, the Blast Overpressure Safety Act would:

• Mandate regular neurocognitive assessments over a service member's career, including a baseline neurocognitive assessment before training.
• Create blast overpressure exposure and TBI logsfor all service members, which will be captured in their individual longitudinal exposure records.
• Increase transparency regarding blast overpressure safety in the weapons acquisition process. DoD must consider the minimization of blast overpressure during the acquisition process, require contracting entities to provide blast overpressure safety data, and publish blast overpressure safety data for weapons systems and its plans to better protect service members from in-use weapons systems.
• Improve data on concussive and subconcussive brain injuries service members sustain. This includes information on discharges related to and medical providers trained in these injuries, as well as efforts with allies and partners to better address these injuries.
• Enhance efforts to mitigate exposure and help service members access care. This includes retaliation protections for those who seek care; modifying existing weapons system to reduce blast exposure; updating and making publicly available blast overpressure thresholds and creating a waiver system for exceeding these thresholds; training high-risk service members to help them recognize exposure symptoms and creating strategies to mitigate their risk; and expanding the types of technologies in the Warfighter Brain Health Initiative pilot blast monitoring program.
• Support service member treatment by establishing a Special Operations Comprehensive Brain Health and Trauma program, making the National Intrepid Center of Excellence (NICoE) a program of record and requiring DoD to provide childcare services to those seeking treatment there, and mandating training for medical and training personnel on blast overpressure and exposure and TBI.
• Mandate GAO review on DoD efforts to address blast exposure, protect service members from retaliation, and identify the most at-risk military occupational specialties.
• Implement DoD Inspector General (IG) recommendations from a 2023 report finding DoD does not consistently determine the care service members with TBI need.

Bill text is available here.

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