H.R. 8962

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8962 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8962

To amend title 10, United States Code, to direct the Secretary of 
Defense to publish a list of dietary supplement ingredients prohibited 
for use by members of the Armed Forces, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 21, 2026

Mr. Davidson (for himself, Mr. Harrigan, Mr. Khanna, and Mr. Lawler) 
introduced the following bill; which was referred to the Committee on 
Armed Services

_______________________________________________________________________

A BILL

To amend title 10, United States Code, to direct the Secretary of 
Defense to publish a list of dietary supplement ingredients prohibited 
for use by members of the Armed Forces, and for other purposes.

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 ``Protecting Enlisted and Recruits 
from Excessive and Catastrophic Trials Act of 2026'' or the ``PERFECT 
Act of 2026''.

SEC. 2. 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:
``Sec. 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.
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