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-
tives 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 
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congressional committees a report on the number of an-
nual 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 cal-
endar 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, in-
cluding 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 para-
graph (1)— 
(A) the number of servicemembers who 
previously had a non-fatal overdose; 
(B) the number of servicemembers who re-
ceived mental health or substance use disorder 
services prior to a fatal or non-fatal overdose, 
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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 over-
dose, including any substance identified in such 
test; 
(G) the number of servicemembers re-
ferred, 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 sub-
paragraph (G), the number of servicemembers 
who engaged in such medical treatment; 
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(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 para-
graph (3)— 
(A) the number of servicemembers who 
previously had a non-fatal overdose; 
(B) the number of servicemembers who re-
ceived mental health or substance use disorder 
services prior to a non-fatal overdose; 
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(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 by-
stander was present; 
(G) the number of servicemembers who 
had been categorized as high risk and pre-
scribed 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; 
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(J) of the servicemembers identified in 
subparagraph 
(I), 
the 
number 
of 
servicemembers who engaged in such medical 
treatment; 
(K) the number of servicemembers re-
ferred, 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 ex-
isting or anticipated responses to such patterns by 
the Secretary of Defense. 
(6) A description of existing or anticipated re-
sponse efforts to fatal and non-fatal overdoses at 
military bases that have rates of fatal overdoses that 
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(E) the number of military family mem-
bers who suffered an overdose in which a by-
stander 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
SERVICEMEMBERS.—If the number of servicemembers or 
military family members identified under any paragraph 
or subparagraph of subsection (b) is fewer than 5, the Sec-
retary of Defense shall for such paragraph or subpara-
graph— 
(1) 
not 
report 
the 
exact 
number 
of 
servicemembers or military family members identi-
fied; 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 Sec-
retary of Defense of personally identifiable informa-
tion of servicemembers or military family members, 
including anonymized personal information that 
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could be used to re-identify servicemembers or mili-
tary 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 In-
surance 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, TREAT-
MENT, 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 pre-
pare a report that includes— 
(1) an assessment of current barriers to deter-
mining the information required under section 2 and 
recommendations for improved tracking and report-
ing 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— 
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(i) are at risk of overdose or sub-
stance use disorder; 
(ii) have experienced a non-fatal over-
dose; or 
(iii) have been diagnosed with a sub-
stance use disorder; 
(B) expanding non-opioid pain manage-
ment 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 ac-
cess among servicemembers and their mili-
tary 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 preven-
tion strategies, tools to reduce or prevent over-
dose or substance use disorder, available mental 
and behavioral healthcare and substance use 
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disorder care, including medication treatment 
for opioid use disorder, recovery support serv-
ices, psychotherapy, inpatient rehabilitation 
services, and family support services; 
(F) potential supports for servicemembers 
in recovery; 
(G) improving continuity of care for sub-
stance use disorders from during the transition 
to veteran status; and 
(H) improving access to death investiga-
tion 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. 
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SEC. 4. STANDARDS FOR THE USE OF MATERIALS TO PRE-
VENT OVERDOSE AND SUBSTANCE USE DIS-
ORDER. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Defense shall establish stand-
ards 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 mate-
rials to prevent or reverse overdoses, substance use dis-
order, or impacts related to substance misuse. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 Com-
merce 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, de-
pendent, or child of a servicemember, or anyone who 
has legal responsibility for the child of a service-
member. 
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(3) SERVICEMEMBER.—The term ‘‘servicemem-
ber’’ means— 
(A) a member of the Armed Forces; or 
(B) a member of the National Guard. 
Æ 
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