H.R. 8962: Protecting Enlisted and Recruits from Excessive and Catastrophic Trials Act of 2026

This bill, titled the Protecting Enlisted and Recruits from Excessive and Catastrophic Trials Act of 2026, aims to amend the U.S. Code pertaining to dietary supplements used by members of the Armed Forces. Below are the key components of the bill:

Prohibition of Specific Ingredients

The Secretary of Defense is required to create and regularly update a list of:

• Dietary supplement ingredients that are prohibited for use by Armed Forces members.
• Performance-enhancing substances that are also banned.

This list must be updated at least every 90 days and will be made available online in a manner that does not require a search function, as well as in a searchable format and downloadable file.

Disciplinary Considerations

Commanding officers may choose not to discipline members for possessing or using a supplement with a prohibited ingredient under certain conditions:

• If it is the member's first offense.
• If the officer believes the member acted in good faith.
• If the member agrees to participate in education, counseling, or drug testing instead of facing discipline.

Additionally, possessing a supplement with a prohibited ingredient will not count as drug abuse for disciplinary purposes if the ingredient is not part of controlled substances.

Good Faith Standard

The bill outlines what constitutes a "good faith" standard for members. This includes situations where they:

• Did not know the supplement contained a banned ingredient.
• Purchased the supplement from a Department of Defense-affiliated retail location.
• Rely on a failed search of the banned ingredients list.
• Otherwise believe they are not in violation.

Updates to Defense Instruction and Website

The Secretary of Defense is tasked with updating a specific Department of Defense instruction within 120 days following the bill's enactment, as well as improving the Operation Supplement Safety website within one year.

Education Initiatives

The bill mandates a review of educational opportunities regarding dietary supplement safety that could be incorporated into existing training programs for Armed Forces members.

Reporting Requirements

Reports must be submitted to Congress detailing:

• Initial implementation efforts within 120 days.
• Final implementation steps within two years.
• Annual updates for five years, including statistics on administrative separation actions and educational effectiveness.

Relevant Companies

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