[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1847 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1847

  To amend title 10, United States Code, to require the Secretary of 
  Defense to prescribe regulations to protect the confidentiality of 
 communications between dependents of members of the Armed Forces and 
   professionals providing therapeutic or related services regarding 
                       sexual or domestic abuse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 1999

Mrs. Maloney of New York (for herself, Mr. Maloney of Connecticut, Mrs. 
    Kelly, and Ms. Norton) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to require the Secretary of 
  Defense to prescribe regulations to protect the confidentiality of 
 communications between dependents of members of the Armed Forces and 
   professionals providing therapeutic or related services regarding 
                       sexual or domestic abuse.

     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 ``Military Dependents Communications 
Confidentiality Act of 1999''.

SEC. 2. REQUIREMENT FOR DEPARTMENT OF DEFENSE REGULATIONS TO PROTECT 
              THE CONFIDENTIALITY OF COMMUNICATIONS BETWEEN DEPENDENTS 
              AND PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED 
              SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.

    (a) In General.--(1) Chapter 80 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1562. Confidentiality of communications between dependents and 
              professionals providing therapeutic or related services 
              regarding sexual or domestic abuse
    ``(a) Regulations.--The Secretary of Defense shall prescribe in 
regulations such policies and procedures as the Secretary considers 
necessary to provide the maximum possible protection for the 
confidentiality of communications described in subsection (b) relating 
to misconduct described in that subsection. Those regulations shall be 
consistent with--
            ``(1) the standards of confidentiality and ethical 
        standards issued by relevant professional organizations;
            ``(2) applicable requirements of Federal and State law;
            ``(3) the best interest of victims of sexual harassment, 
        sexual assault, or intrafamily abuse; and
            ``(4) such other factors as the Secretary, in consultation 
        with the Attorney General, considers appropriate.
    ``(b) Covered Communications.--Subsection (a) applies to 
communications between--
            ``(1) a dependent of a member of the armed forces who--
                    ``(A) is a victim of sexual harassment, sexual 
                assault, or intrafamily abuse; or
                    ``(B) has engaged in such misconduct; and
            ``(2) a therapist, counselor, advocate, or other 
        professional from whom the dependent seeks professional 
        services in connection with effects of such misconduct.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1562. Confidentiality of communications between dependents and 
                            professionals providing therapeutic or 
                            related services regarding sexual or 
                            domestic abuse.''.
    (b) GAO Study.--(1) The Comptroller General shall study the 
policies, procedures, and practices of the military departments for 
protecting the confidentiality of communications between--
            (A) a dependent of a member of the Armed Forces who--
                    (i) is a victim of sexual harassment, sexual 
                assault, or intrafamily abuse; or
                    (ii) has engaged in such misconduct; and
            (B) a therapist, counselor, advocate, or other professional 
        from whom the dependent seeks professional services in 
        connection with effects of such misconduct.
    (2) The Comptroller General shall conclude the study and submit to 
the Secretary of Defense and Congress a report on the results of the 
study. The report shall be submitted not later than 180 days after the 
date of the enactment of this Act.
    (c) Initial Regulations.--The initial regulations under section 
1562 of title 10, United States Code, as added by subsection (a), shall 
be prescribed not later than 90 days after the date on which the 
Secretary of Defense receives the report of the Comptroller General 
under subsection (b). In prescribing those regulations, the Secretary 
shall ensure that those regulations are consistent with the findings of 
the Comptroller General in that report.
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