[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1766 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1766

  To require the Secretary of Defense to submit a report on overdoses 
                   among members of the Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 31 (legislative day, May 30), 2023

Mr. Markey (for himself, Ms. Murkowski, Ms. Warren, Mr. Braun, Mr. Van 
     Hollen, Mr. King, Ms. Baldwin, Mrs. Capito, and Mr. Heinrich) 
introduced the following bill; which was read twice and 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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