Department of Defense Overdose Data Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Department of Defense 4 Overdose Data Act of 2023’’. 5 SEC. 2. ANNUAL REPORT ON MILITARY OVERDOSES. 6 (a) IN GENERAL.—Not later than 1 year after the 7 date of the enactment of this Act, and annually thereafter, 8 the Secretary of Defense shall submit to the appropriate 9 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3751 IH congressional committees a report on the number of an- 1 nual overdoses among servicemembers. 2 (b) CONTENTS.—The report required by subsection 3 (a) shall include the following: 4 (1) The total number of servicemembers who 5 suffered a fatal overdose during the previous cal- 6 endar year, including— 7 (A) demographic information, including 8 gender, race, age, military department, military 9 rank, pay grade, station, number of previous 10 deployments, and whether such member was a 11 victim of military sexual assault; 12 (B) the location of the fatal overdose, in- 13 cluding whether the overdose was on a military 14 base; and 15 (C) a list of the substances involved in the 16 fatal overdose. 17 (2) Of the servicemembers identified in para- 18 graph (1)— 19 (A) the number of servicemembers who 20 previously had a non-fatal overdose; 21 (B) the number of servicemembers who re- 22 ceived mental health or substance use disorder 23 services prior to a fatal or non-fatal overdose, 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3751 IH including a description of whether such services 1 were received from a private sector provider; 2 (C) the number of servicemembers with co- 3 morbid mental health diagnoses; 4 (D) the number of servicemembers who 5 had been prescribed opioids, benzodiazepines, or 6 stimulants; 7 (E) the number of servicemembers who 8 were previously prescribed or provided naloxone; 9 (F) the number of servicemembers who 10 had a positive drug test prior to the fatal over- 11 dose, including any substance identified in such 12 test; 13 (G) the number of servicemembers re- 14 ferred, including by self-referral, to medical 15 treatment, including medication treatment for 16 opioid use disorder; 17 (H) with respect to each servicemember 18 identified in subparagraph (G), whether the 19 servicemember was referred after a positive 20 drug test and the source of such referral; 21 (I) of the servicemembers identified in sub- 22 paragraph (G), the number of servicemembers 23 who engaged in such medical treatment; 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3751 IH (J) the number of servicemembers who 1 suffered a fatal overdose in which a bystander 2 was present; and 3 (K) the number of fatal overdoses. 4 (3) The total number of servicemembers who 5 suffered a non-fatal overdose during the previous 6 calendar year, including— 7 (A) demographic information, including 8 gender, race, age, military department, military 9 rank, pay grade, station, number of previous 10 deployments, and whether such member was a 11 victim of military sexual assault; 12 (B) a list of the substances involved in the 13 non-fatal overdose; and 14 (C) a determination of whether the non- 15 fatal overdose was intentional. 16 (4) Of the servicemembers identified in para- 17 graph (3)— 18 (A) the number of servicemembers who 19 previously had a non-fatal overdose; 20 (B) the number of servicemembers who re- 21 ceived mental health or substance use disorder 22 services prior to a non-fatal overdose; 23 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3751 IH (C) the number of servicemembers with co- 1 morbid mental health diagnoses prior to a non- 2 fatal overdose; 3 (D) the number of servicemembers who 4 had been prescribed opioids, benzodiazepines, or 5 stimulants prior to a non-fatal overdose; 6 (E) the number of servicemembers who 7 had a positive drug test prior to the non-fatal 8 overdose, including any substance identified in 9 such test; 10 (F) the number of servicemembers who 11 suffered a non-fatal overdose in which a by- 12 stander was present; 13 (G) the number of servicemembers who 14 had been categorized as high risk and pre- 15 scribed or provided naloxone prior to a non- 16 fatal overdose; 17 (H) the number of servicemembers who 18 suffered a non-fatal overdose in which naloxone 19 was administered; 20 (I) the number of servicemembers referred 21 to medical treatment, including medication 22 treatment for opioid use disorder, following a 23 non-fatal overdose; 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3751 IH (J) of the servicemembers identified in 1 subparagraph (I), the number of 2 servicemembers who engaged in such medical 3 treatment; 4 (K) the number of servicemembers re- 5 ferred, including by self-referral, to medical 6 treatment, including medication treatment for 7 opioid use disorder; 8 (L) with respect to each servicemember 9 identified in subparagraph (K), whether the 10 servicemember was referred after a positive 11 drug test and the source of such referral; 12 (M) of the servicemembers identified in 13 subparagraph (K), the number of 14 servicemembers who engaged in such medical 15 treatment; and 16 (N) the number of intentional overdoses. 17 (5) An analysis of discernable patterns in fatal 18 and non-fatal overdoses of servicemembers, and ex- 19 isting or anticipated responses to such patterns by 20 the Secretary of Defense. 21 (6) A description of existing or anticipated re- 22 sponse efforts to fatal and non-fatal overdoses at 23 military bases that have rates of fatal overdoses that 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3751 IH exceed the average rate of fatal overdoses in the 1 United States. 2 (7) The number of servicemembers who are in 3 recovery or currently taking a prescription medica- 4 tion for opioid use disorder. 5 (8) The number of military family members of 6 servicemembers who receive substance use disorder 7 treatment at a medical facility of the Department of 8 Defense. 9 (9) An assessment of the availability of sub- 10 stance use disorder treatment for servicemembers 11 who— 12 (A) transferred military bases; or 13 (B) returned to the United States fol- 14 lowing an overseas tour. 15 (10) The number of medical facilities of, or af- 16 filiated with, the Department of Defense that have 17 opioid treatment programs. 18 (11) A description of punitive measures taken 19 by the Secretary of Defense in response to substance 20 misuse, substance use disorder, or overdose by 21 servicemembers. 22 (12) The number of military family members 23 who live on a military base who suffered a fatal or 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3751 IH non-fatal overdose during the previous calendar year, 1 including— 2 (A) demographic information, including 3 gender, race, age, and relationship to a service- 4 member; 5 (B) the location of the overdose; 6 (C) a list of the substances involved in the 7 overdose; and 8 (D) a determination of whether the over- 9 dose was intentional. 10 (13) Of the military family members identified 11 in paragraph (12)— 12 (A) of military family members who suf- 13 fered a fatal overdose, the numbers of military 14 family members who had a previous non-fatal 15 overdose; 16 (B) the number of military family mem- 17 bers who received mental health services prior 18 to an overdose; 19 (C) the number of military family members 20 who have co-morbid mental health diagnoses; 21 (D) the number of military family mem- 22 bers who had been prescribed opioids, 23 benzodiazepines, or stimulants prior to an over- 24 dose; 25 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3751 IH (E) the number of military family mem- 1 bers who suffered an overdose in which a by- 2 stander was present; 3 (F) the number of military family members 4 who suffered an overdose in which naloxone was 5 administered; and 6 (G) the number of intentional overdoses. 7 (c) REPORTING ON FEWER THAN 5 8 SERVICEMEMBERS.—If the number of servicemembers or 9 military family members identified under any paragraph 10 or subparagraph of subsection (b) is fewer than 5, the Sec- 11 retary of Defense shall for such paragraph or subpara- 12 graph— 13 (1) not report the exact number of 14 servicemembers or military family members identi- 15 fied; and 16 (2) report that fewer than 5 servicemembers or 17 military family members were identified. 18 (d) PRIVACY.— 19 (1) IN GENERAL.—Nothing in this section shall 20 be construed to authorize the disclosure by the Sec- 21 retary of Defense of personally identifiable informa- 22 tion of servicemembers or military family members, 23 including anonymized personal information that 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3751 IH could be used to re-identify servicemembers or mili- 1 tary family members. 2 (2) APPLICATION OF HIPAA.—In carrying out 3 this section, the Secretary of Defense shall take 4 steps to protect the privacy of servicemembers and 5 military family members pursuant to regulations 6 promulgated under section 264(c) of the Health In- 7 surance Portability and Accountability Act of 1996 8 (42 U.S.C. 1320d–2 note; Public Law 104–191). 9 SEC. 3. REPORT ON IMPROVED ACCESS TO DATA, TREAT- 10 MENT, AND OVERDOSE PREVENTION. 11 Not later than 1 year after the date of the enactment 12 of this Act, the Secretary of Defense shall contract with 13 a federally funded research and development center to pre- 14 pare a report that includes— 15 (1) an assessment of current barriers to deter- 16 mining the information required under section 2 and 17 recommendations for improved tracking and report- 18 ing of substance misuse, substance use disorders, 19 overdoses, and treatment within the Department of 20 Defense; 21 (2) recommendations for— 22 (A) legislative and administrative actions 23 to increase access to mental and behavioral 24 health care for servicemembers who— 25 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3751 IH (i) are at risk of overdose or sub- 1 stance use disorder; 2 (ii) have experienced a non-fatal over- 3 dose; or 4 (iii) have been diagnosed with a sub- 5 stance use disorder; 6 (B) expanding non-opioid pain manage- 7 ment treatment and physical therapy at medical 8 facilities of the Department of Defense; 9 (C) organizing interagency coordination— 10 (i) to address overdoses and substance 11 use disorders among veterans 12 servicemembers; and 13 (ii) to reduce stigma associated with 14 substance use disorders and treatment ac- 15 cess among servicemembers and their mili- 16 tary family members; 17 (D) addressing concerns among 18 servicemembers regarding the consequences of 19 seeking or receiving care for a substance use 20 disorder or overdose; 21 (E) educating servicemembers on preven- 22 tion strategies, tools to reduce or prevent over- 23 dose or substance use disorder, available mental 24 and behavioral healthcare and substance use 25 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3751 IH disorder care, including medication treatment 1 for opioid use disorder, recovery support serv- 2 ices, psychotherapy, inpatient rehabilitation 3 services, and family support services; 4 (F) potential supports for servicemembers 5 in recovery; 6 (G) improving continuity of care for sub- 7 stance use disorders from during the transition 8 to veteran status; and 9 (H) improving access to death investiga- 10 tion occurring outside the jurisdiction of the 11 Armed Forces Medical Examiner System; 12 (3) an identification of causes of fatal and non- 13 fatal overdoses that are unique to servicemembers; 14 (4) an identification of the barriers to care for 15 substance use disorders for military family members 16 of servicemembers and suggestions for additional 17 data elements for the annual report required under 18 section 2; 19 (5) any other information that the Comptroller 20 General of the United States considers appropriate 21 with respect to the reduction of overdoses among 22 servicemembers; and 23 (6) qualitative data from servicemembers. 24 VerDate Sep 11 2014 23:35 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3751.IH H3751 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 3751 IH SEC. 4. STANDARDS FOR THE USE OF MATERIALS TO PRE- 1 VENT OVERDOSE AND SUBSTANCE USE DIS- 2 ORDER. 3 Not later than 1 year after the date of the enactment 4 of this Act, the Secretary of Defense shall establish stand- 5 ards for the distribution of, and training for the use of, 6 naloxone or other medication for overdose reversal, opioid 7 disposal materials, fentanyl test strips, and other mate- 8 rials to prevent or reverse overdoses, substance use dis- 9 order, or impacts related to substance misuse. 10 SEC. 5. DEFINITIONS. 11 In this Act: 12 (1) APPROPRIATE CONGRESSIONAL COMMIT- 13 TEES.—The term ‘‘appropriate congressional com- 14 mittees’’ means— 15 (A) the congressional defense committees; 16 (B) the Committee on Health, Education, 17 Labor, and Pensions of the Senate; and 18 (C) the Committee on Energy and Com- 19 merce of the House of Representatives. 20 (2) MI [Text truncated for display. Full text available on Congress.gov.]