PERFECT Act of 2026

[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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