[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1464 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1464

To amend title 10, United States Code, to provide notice to members of 
the Armed Forces, beginning with recruit basic training and the initial 
 training of officer candidates, regarding the availability of mental 
  health services, to help eliminate perceived stigma associated with 
seeking and receiving mental health services, and to clarify the extent 
 to which information regarding a member seeking and receiving mental 
                   health services may be disclosed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2013

Mr. Carson of Indiana (for himself, Mr. Rangel, Ms. Wilson of Florida, 
 Mr. Conyers, Ms. Moore, Mr. Bucshon, and Mr. McGovern) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide notice to members of 
the Armed Forces, beginning with recruit basic training and the initial 
 training of officer candidates, regarding the availability of mental 
  health services, to help eliminate perceived stigma associated with 
seeking and receiving mental health services, and to clarify the extent 
 to which information regarding a member seeking and receiving mental 
                   health services may be disclosed.

    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 Mental Health Empowerment 
Act''.

SEC. 2. PROVISION OF INFORMATION TO MEMBERS OF THE ARMED FORCES ON 
              AVAILABILITY OF MENTAL HEALTH SERVICES AND RELATED 
              PRIVACY RIGHTS.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1090a the following new section:
``Sec. 1090b. Notice to members of the armed forces of the availability 
              of mental health services and privacy rights related to 
              receipt of such services
    ``(a) Provision of Information Required.--The Secretaries of the 
military departments shall ensure that the information described in 
subsection (b) is provided--
            ``(1) to each officer candidate during initial training;
            ``(2) to each recruit during basic training; and
            ``(3) to other members of the armed forces at such times as 
        the Secretary of Defense considers appropriate.
    ``(b) Required Information.--The information required to be 
provided under subsection (a) shall include at a minimum the following:
            ``(1) Information regarding the availability of mental 
        health services under this chapter.
            ``(2) Information on the applicability of Department of 
        Defense Directive 6025.18 and other regulations regarding 
        privacy prescribed pursuant to the Health Insurance Portability 
        and Accountability Act of 1996 (Public Law 104-191) to records 
        regarding a member seeking and receiving mental health 
        services, including the extent to which--
                    ``(A) any such records can be shared with promotion 
                boards, commanding officers, and other members of the 
                armed forces;
                    ``(B) any adverse actions can be taken against the 
                member for seeking and receiving mental health 
                services; and
                    ``(C) a diagnosis of a mental health condition can 
                result in negative personnel action.
    ``(c) Reduction of Perceived Stigma.--As provided in section 
1090a(b)(1) of this title, in providing information under subsection 
(a), the Secretary of a military department shall seek to eliminate 
perceived stigma associated with seeking and receiving mental health 
services and to promote the use of mental health services on a basis 
comparable to the use of other medical and health services.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1090a the following new item:

``1090b. Notice to members of the armed forces of the availability of 
                            mental health services and privacy rights 
                            related to receipt of such services.''.
    (c) Provision of Information to Current Members.--As soon as 
practicable after the date of the enactment of this Act, the Secretary 
of Defense shall ensure that all members of the Armed Forces, including 
members of the reserve components, serving in the Armed Forces as of 
that date are provided the information required to be provided to new 
recruits and officer candidates pursuant to section 1090b of title 10, 
United States Code, as added by subsection (a).
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