Prohibited dietary supplement ingredients and performance-enhancing substances

(a)

Prohibition

Chapter 49 of title 10, United States Code, is amended by inserting after section 978 the following new section:

978a.

Prohibited dietary supplement ingredients and performance-enhancing substances

(a)

Prohibited ingredient and substance lists

The Secretary shall publish and, not less frequently than once every 90 days, shall update a list of— (1) dietary supplement ingredients prohibited for use by members of the Armed Forces; and (2) performance-enhancing substances prohibited for use by members of the Armed Forces. (b)

Required formats

The Secretary shall publish the list under subsection (a)—(1)on an internet website where such list may be viewed in full without use of a search function;(2)in a searchable database; and(3)in a digital file that may be downloaded from such internet website in a common format. (c)

Commanding officer may elect not to discipline

The commanding officer of a member of the Armed Forces who possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1)— (1) may elect not to subject such member to discipline if— (A) such possession or use is the first disciplinary offense committed by such member; (B) such commanding officer determines that such member satisfies the good faith standard under subsection (e); and (C) such member agrees to participate in education, counseling, or drug testing in lieu of discipline; and (2) may elect not to subject such member to administrative separation. (d)

Possession of prohibited ingredient not drug abuse

Notwithstanding any other provision of law, possession of a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) shall not constitute drug abuse for purposes of this title. (e)

Good faith standard

A member of the Armed Forces satisfies the good faith standard under this subsection if such member— (1) possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) without actual knowledge that such dietary supplement contains such ingredient; (2) purchases such supplement from a retail facility affiliated with the Department of Defense; (3) reasonably relies, prior to purchasing or using such supplement, on a search of the list under subsection (a)(1) that fails to identify such ingredient as prohibited under subsection (a)(1), including due to a misspelling or variation in the name of such ingredient on such list; or (4) otherwise demonstrates a reasonable belief that such supplement does not contain such ingredient.

(b)

Secretary To update Department of Defense Instruction

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary for Personnel and Readiness, shall revise Department of Defense Instruction 6130.06 pursuant to section 978a of title 10, United States Code, as added by subsection (a). (c)

Secretary To update Operation Supplement Safety internet website

Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) update the Operation Supplement Safety internet website to enhance functionality for— (A) vendors of dietary supplements; and (B) members of the Armed Forces; and (2) review possible improvements to such internet website, including with respect to— (A) search tools that employ— (i) autofill functionality; and (ii) autocorrect functionality; (B) artificial intelligence tools that can— (i) scan product labels; and (ii) search such internet website for information on the ingredients found on such labels; and (C) capacity to allow a user to register to receive a notification when a dietary supplement ingredient is added to the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a). (d)

Secretary To review dietary supplement safety education opportunities

Not later than one year after the date of the enactment of this Act, the Secretary shall review opportunities for incorporating into existing training programs for members of the Armed Forces education concerning— (1) dietary supplement safety; and (2) the list under section 978a(a) of title 10, United States Code, as added by subsection (a). (e)

Reports

(1)

Initial implementation report

Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing efforts made to ensure that retail facilities affiliated with the Department of Defense do not sell any products containing an ingredient appearing on the list under section 978a(a) of title 10, United States Code, as added by subsection (a).(2)

Final implementation report

Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing steps taken to implement section 978a of title 10, United States Code, as added by subsection (a).(3)

Annual reports

Not later than one year after the date of the enactment of this Act, and annually thereafter for a period of five years, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report—(A)listing, for the one-year period ending on the date on which such report is submitted—(i)the total number of administrative separation actions initiated for possession or use of a dietary supplement containing an ingredient appearing on the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a), disaggregated by—(I)armed force;(II)pay grade;(III)characterization of discharge sought;(IV)whether the member subject to the administrative separation action contested such action; and(V)outcome; and(ii)the number of commanding officers who elected not to subject a member of the Armed Forces to discipline under section 978a(c) of such title; and(B)assessing the effectiveness of efforts to provide education relating to dietary supplement safety to members of the Armed Forces.