Sec. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE
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## SEC. 735 BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE **[**[10 U.S.C. 1071 note](/us/usc/t10/s1071)**]** ###
(a)In General The Secretary of Defense, in consultation with the Secretaries concerned, shall establish a comprehensive initiative for brain health to be known as the “Warfighter Brain Health Initiative” (in this section referred to as the “Initiative”) for the purpose of unifying efforts and programs across the Department of Defense to improve the cognitive performance and brain health of members of the Armed Forces. ###
(b)Objectives The objectives of the Initiative shall be the following: ####
(1)To enhance, maintain, and restore the cognitive performance of members of the Armed Forces through education, training, prevention, protection, monitoring, detection, diagnosis, treatment, and rehabilitation, including through the following activities: #####
(A)The establishment of a program to monitor cognitive brain health across the Department of Defense, with the goal of detecting any need for cognitive enhancement or restoration resulting from potential brain exposures of members of Armed Forces, to mitigate possible evolution of injury or disease progression. #####
(B)In accordance with subsection (c), the identification and dissemination of thresholds for blast exposure and overpressure safety and associated emerging scientific evidence that— ######
(i)cover brain injury and impulse noise; ######
(ii)measure impact over 24-hour, 72-hour to 96-hour, monthly, annual, and lifetime periods; ######
(iii)are designed to prevent cognitive deficits after firing; ######
(iv)account for the cumulative impact of firing multiple weapon systems during the same period; ######
(v)include minimum safe distances and levels of exposure for observers and instructors; and ######
(vi)address shoulder-fired heavy weapons. #####
(C)The modification of high-risk training and operational activities to mitigate the negative effects of repetitive blast exposure. #####
(D)The identification of individuals who perform high-risk training or occupational activities, for purposes of increased monitoring of the brain health of such individuals. #####
(E)The development and operational fielding of non-invasive, portable, point-of-care medical devices, to inform the diagnosis and treatment of traumatic brain injury. #####
(F)The establishment of a standardized monitoring program that documents and analyzes blast exposures that may affect the brain health of members of the Armed Forces. #####
(G)The consideration of the findings and recommendations of the report of the National Academies of Science, Engineering, and Medicine titled “Traumatic Brain Injury: A Roadmap for Accelerating Progress” and published in 2022 (relating to the acceleration of progress in traumatic brain injury research and care), or any successor report, in relation to the activities of the Department relating to brain health, as applicable. #####
(H)The establishment of a standardized treatment program based on interventions that have shown benefit to individuals with brain health issues after a brain injury and the provision of that treatment program to individuals with brain health issues after a brain injury resulting from a potential brain exposure described in subparagraph
(A)or high-risk training or occupational activities described in subparagraph (D). #####
(I)The establishment of policies to encourage members of the Armed Forces to seek medical treatment for brain health when needed, prevent retaliation against such members who seek such medical treatment, and address other barriers to seeking medical treatment for brain health due to the impact of blast exposure, blast overpressure, or traumatic brain injury. #####
(J)The modification of existing weapons systems to reduce blast exposure of the individual using the weapon and those within the minimum safe distance. ####
(2)To harmonize and prioritize the efforts of the Department of Defense into a single approach to brain health. ###
(c)Thresholds for Blast Exposure and Overpressure Safety ####
(1)Timing #####
(A)Initial thresholds Not later than January 1, 2027, the Secretary of Defense shall identify and disseminate the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B). #####
(B)Periodic updates On a quinquennial basis, the Secretary shall review and, as necessary, update the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B). ####
(2)Formal training requirement The Secretary shall ensure that training on the thresholds for blast exposure and overpressure safety is provided to members of the Armed Forces before training, deployment, or entering other high-risk environments where exposure to blast overpressure is likely. ####
(3)Central repository Not later than January 1, 2027, the Secretary shall establish a central repository of blast-related characteristics, such as pressure profiles and common blast loads associated with specific systems and the environments in which the systems are used. ####
(4)Waivers #####
(A)Protocols The Secretary may waive the thresholds for blast exposure and overpressure safety under subsection (b)(1)(B) for operational or training requirements that the Secretary determines are essential to national security. The Secretary shall include in each such waiver a justification for exceeding such thresholds. #####
(B)Tracking system The Secretary shall establish a Department of Defense-wide tracking system for waivers issued under subparagraph
(A)that includes data contributed by the Secretary of each military department. #####
(C)Report on waivers Not later than one year after issuing a waiver under subparagraph
(A)and annually thereafter for a period of five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such waivers that includes— ######
(i)the number of waivers issued, disaggregated by military department; and ######
(ii)a description of actions taken by the Secretary concerned to track the health effects of exceeding thresholds for blast exposure and overpressure safety on members of the Armed Forces, document such effects in medical records, and provide care to such members. ###
(d)Pilot Program Relating to Monitoring of Blast Coverage ####
(1)Authority The Director of the Defense Health Agency may conduct, as part of the Initiative, a pilot program under which the Director shall monitor blast overpressure exposure through the use of commercially available, off-the-shelf, wearable sensors or other remote measurement technology, and document and evaluate data collected as a result of such monitoring. ####
(2)Locations Monitoring activities under a pilot program conducted pursuant to paragraph
(1)shall be carried out in each training environment that the Director determines poses a risk for blast overpressure exposure. ####
(3)Documentation and sharing of data If the Director conducts a pilot program pursuant to paragraph (1), the Director shall— #####
(A)ensure that any data collected pursuant to such pilot program that is related to the health effects of the blast overpressure exposure of a member of the Armed Forces who participated in the pilot program is documented and maintained by the Secretary of Defense in an electronic health record for the member; and #####
(B)to the extent practicable, and in accordance with applicable provisions of law relating to data privacy, make data collected pursuant to such pilot program available to other academic and medical researchers for the purpose of informing future research and treatment options. ####
(4)Weapons use Monitoring activities under a pilot program conducted pursuant to paragraph
(1)shall be carried out for any member of the Armed Forces firing tier 1 weapons in training or combat, as identified by the Secretary of Defense. ###
(e)Reports on Warfighter Brain Health Initiative Not later than December 31, 2025, and not less frequently than annually thereafter for a period of five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following: ####
(1)A description of the activities taken under the Initiative and resources expended under the Initiative during the prior fiscal year. ####
(2)The number of members of the Armed Forces impacted by blast overpressure and blast exposure in the prior fiscal year, including— #####
(A)the number of members who reported adverse health effects from blast overpressure or blast exposure; #####
(B)the number of members exposed to blast overpressure or blast exposure; #####
(C)the number of members who received treatment for injuries related to blast overpressure or blast exposure, including at facilities of the Department of Defense and at facilities in the private sector; and #####
(D)the type of care that members receive from facilities of the Department of Defense and the type of care that members receive from facilities in the private sector. ####
(3)A summary of the progress made during the prior fiscal year with respect to the objectives of the Initiative under subsection (b). ####
(4)A description of the steps the Secretary is taking to ensure that activities under the Initiative are being implemented across the Department of Defense and the military departments. ###
(f)Secretary Concerned Defined In this section, the term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.
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Sec. 735
BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE
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