[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3751 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3751
To require the Secretary of Defense to submit a report on overdoses
among members of the Armed Forces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 30, 2023
Mr. Moulton (for himself and Ms. Mace) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to submit a report on overdoses
among members of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Overdose Data
Act of 2023''.
SEC. 2. ANNUAL REPORT ON MILITARY OVERDOSES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the appropriate congressional committees a
report on the number of annual overdoses among servicemembers.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) The total number of servicemembers who suffered a fatal
overdose during the previous calendar year, including--
(A) demographic information, including gender,
race, age, military department, military rank, pay
grade, station, number of previous deployments, and
whether such member was a victim of military sexual
assault;
(B) the location of the fatal overdose, including
whether the overdose was on a military base; and
(C) a list of the substances involved in the fatal
overdose.
(2) Of the servicemembers identified in paragraph (1)--
(A) the number of servicemembers who previously had
a non-fatal overdose;
(B) the number of servicemembers who received
mental health or substance use disorder services prior
to a fatal or non-fatal overdose, including a
description of whether such services were received from
a private sector provider;
(C) the number of servicemembers with co-morbid
mental health diagnoses;
(D) the number of servicemembers who had been
prescribed opioids, benzodiazepines, or stimulants;
(E) the number of servicemembers who were
previously prescribed or provided naloxone;
(F) the number of servicemembers who had a positive
drug test prior to the fatal overdose, including any
substance identified in such test;
(G) the number of servicemembers referred,
including by self-referral, to medical treatment,
including medication treatment for opioid use disorder;
(H) with respect to each servicemember identified
in subparagraph (G), whether the servicemember was
referred after a positive drug test and the source of
such referral;
(I) of the servicemembers identified in
subparagraph (G), the number of servicemembers who
engaged in such medical treatment;
(J) the number of servicemembers who suffered a
fatal overdose in which a bystander was present; and
(K) the number of fatal overdoses.
(3) The total number of servicemembers who suffered a non-
fatal overdose during the previous calendar year, including--
(A) demographic information, including gender,
race, age, military department, military rank, pay
grade, station, number of previous deployments, and
whether such member was a victim of military sexual
assault;
(B) a list of the substances involved in the non-
fatal overdose; and
(C) a determination of whether the non-fatal
overdose was intentional.
(4) Of the servicemembers identified in paragraph (3)--
(A) the number of servicemembers who previously had
a non-fatal overdose;
(B) the number of servicemembers who received
mental health or substance use disorder services prior
to a non-fatal overdose;
(C) the number of servicemembers with co-morbid
mental health diagnoses prior to a non-fatal overdose;
(D) the number of servicemembers who had been
prescribed opioids, benzodiazepines, or stimulants
prior to a non-fatal overdose;
(E) the number of servicemembers who had a positive
drug test prior to the non-fatal overdose, including
any substance identified in such test;
(F) the number of servicemembers who suffered a
non-fatal overdose in which a bystander was present;
(G) the number of servicemembers who had been
categorized as high risk and prescribed or provided
naloxone prior to a non-fatal overdose;
(H) the number of servicemembers who suffered a
non-fatal overdose in which naloxone was administered;
(I) the number of servicemembers referred to
medical treatment, including medication treatment for
opioid use disorder, following a non-fatal overdose;
(J) of the servicemembers identified in
subparagraph (I), the number of servicemembers who
engaged in such medical treatment;
(K) the number of servicemembers referred,
including by self-referral, to medical treatment,
including medication treatment for opioid use disorder;
(L) with respect to each servicemember identified
in subparagraph (K), whether the servicemember was
referred after a positive drug test and the source of
such referral;
(M) of the servicemembers identified in
subparagraph (K), the number of servicemembers who
engaged in such medical treatment; and
(N) the number of intentional overdoses.
(5) An analysis of discernable patterns in fatal and non-
fatal overdoses of servicemembers, and existing or anticipated
responses to such patterns by the Secretary of Defense.
(6) A description of existing or anticipated response
efforts to fatal and non-fatal overdoses at military bases that
have rates of fatal overdoses that exceed the average rate of
fatal overdoses in the United States.
(7) The number of servicemembers who are in recovery or
currently taking a prescription medication for opioid use
disorder.
(8) The number of military family members of servicemembers
who receive substance use disorder treatment at a medical
facility of the Department of Defense.
(9) An assessment of the availability of substance use
disorder treatment for servicemembers who--
(A) transferred military bases; or
(B) returned to the United States following an
overseas tour.
(10) The number of medical facilities of, or affiliated
with, the Department of Defense that have opioid treatment
programs.
(11) A description of punitive measures taken by the
Secretary of Defense in response to substance misuse, substance
use disorder, or overdose by servicemembers.
(12) The number of military family members who live on a
military base who suffered a fatal or non-fatal overdose during
the previous calendar year, including--
(A) demographic information, including gender,
race, age, and relationship to a servicemember;
(B) the location of the overdose;
(C) a list of the substances involved in the
overdose; and
(D) a determination of whether the overdose was
intentional.
(13) Of the military family members identified in paragraph
(12)--
(A) of military family members who suffered a fatal
overdose, the numbers of military family members who
had a previous non-fatal overdose;
(B) the number of military family members who
received mental health services prior to an overdose;
(C) the number of military family members who have
co-morbid mental health diagnoses;
(D) the number of military family members who had
been prescribed opioids, benzodiazepines, or stimulants
prior to an overdose;
(E) the number of military family members who
suffered an overdose in which a bystander was present;
(F) the number of military family members who
suffered an overdose in which naloxone was
administered; and
(G) the number of intentional overdoses.
(c) Reporting on Fewer Than 5 Servicemembers.--If the number of
servicemembers or military family members identified under any
paragraph or subparagraph of subsection (b) is fewer than 5, the
Secretary of Defense shall for such paragraph or subparagraph--
(1) not report the exact number of servicemembers or
military family members identified; and
(2) report that fewer than 5 servicemembers or military
family members were identified.
(d) Privacy.--
(1) In general.--Nothing in this section shall be construed
to authorize the disclosure by the Secretary of Defense of
personally identifiable information of servicemembers or
military family members, including anonymized personal
information that could be used to re-identify servicemembers or
military family members.
(2) Application of hipaa.--In carrying out this section,
the Secretary of Defense shall take steps to protect the
privacy of servicemembers and military family members pursuant
to regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
SEC. 3. REPORT ON IMPROVED ACCESS TO DATA, TREATMENT, AND OVERDOSE
PREVENTION.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Defense shall contract with a federally funded
research and development center to prepare a report that includes--
(1) an assessment of current barriers to determining the
information required under section 2 and recommendations for
improved tracking and reporting of substance misuse, substance
use disorders, overdoses, and treatment within the Department
of Defense;
(2) recommendations for--
(A) legislative and administrative actions to
increase access to mental and behavioral health care
for servicemembers who--
(i) are at risk of overdose or substance
use disorder;
(ii) have experienced a non-fatal overdose;
or
(iii) have been diagnosed with a substance
use disorder;
(B) expanding non-opioid pain management treatment
and physical therapy at medical facilities of the
Department of Defense;
(C) organizing interagency coordination--
(i) to address overdoses and substance use
disorders among veterans servicemembers; and
(ii) to reduce stigma associated with
substance use disorders and treatment access
among servicemembers and their military family
members;
(D) addressing concerns among servicemembers
regarding the consequences of seeking or receiving care
for a substance use disorder or overdose;
(E) educating servicemembers on prevention
strategies, tools to reduce or prevent overdose or
substance use disorder, available mental and behavioral
healthcare and substance use disorder care, including
medication treatment for opioid use disorder, recovery
support services, psychotherapy, inpatient
rehabilitation services, and family support services;
(F) potential supports for servicemembers in
recovery;
(G) improving continuity of care for substance use
disorders from during the transition to veteran status;
and
(H) improving access to death investigation
occurring outside the jurisdiction of the Armed Forces
Medical Examiner System;
(3) an identification of causes of fatal and non-fatal
overdoses that are unique to servicemembers;
(4) an identification of the barriers to care for substance
use disorders for military family members of servicemembers and
suggestions for additional data elements for the annual report
required under section 2;
(5) any other information that the Comptroller General of
the United States considers appropriate with respect to the
reduction of overdoses among servicemembers; and
(6) qualitative data from servicemembers.
SEC. 4. STANDARDS FOR THE USE OF MATERIALS TO PREVENT OVERDOSE AND
SUBSTANCE USE DISORDER.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Defense shall establish standards for the distribution
of, and training for the use of, naloxone or other medication for
overdose reversal, opioid disposal materials, fentanyl test strips, and
other materials to prevent or reverse overdoses, substance use
disorder, or impacts related to substance misuse.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) Military family member.--The term ``military family
member'' means a family member of a servicemember, including
the spouse, parent, dependent, or child of a servicemember, or
anyone who has legal responsibility for the child of a
servicemember.
(3) Servicemember.--The term ``servicemember'' means--
(A) a member of the Armed Forces; or
(B) a member of the National Guard.
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