II 

113TH CONGRESS 

1ST SESSION S. 1703 

To require the provision of information to members of the Armed Forces 

on availability of mental health services and related privacy rights. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2013 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To require the provision of information to members of the 

Armed Forces on availability of mental health services 

and related privacy rights. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROVISION OF INFORMATION TO MEMBERS OF 

4 THE ARMED FORCES ON AVAILABILITY OF 

5 MENTAL HEALTH SERVICES AND RELATED 

6 PRIVACY RIGHTS. 

7 (a) IN GENERAL.—Chapter 55 of title 10, United 

8 States Code, is amended by inserting after section 1090a 

9 the following new section: 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•S 1703 IS

1 ‘‘§ 1090b. Notice to members of the armed forces on 

2 availability of mental health services and 

3 privacy rights related to receipt of such 

4 services 

5 ‘‘(a) PROVISION OF INFORMATION REQUIRED.—The 

6 Secretaries of the military departments shall ensure that 

7 the information described in subsection (b) is provided— 

8 ‘‘(1) to each officer candidate during initial 

9 training; 

10 ‘‘(2) to each recruit during basic training; and 

11 ‘‘(3) to other members of the armed forces at 

12 such times as the Secretary of Defense considers ap13 propriate. 

14 ‘‘(b) REQUIRED INFORMATION.—The information re15 quired to be provided under subsection (a) shall include 

16 at a minimum the following: 

17 ‘‘(1) Information regarding the availability of 

18 mental health services under this chapter. 

19 ‘‘(2) Information on the applicability of Depart20 ment of Defense Directive 6025.18 and other regula21 tions regarding privacy prescribed pursuant to the 

22 Health Insurance Portability and Accountability Act 

23 of 1996 (Public Law 104–191) to records regarding 

24 a member seeking and receiving mental health serv25 ices, including the extent to which— 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•S 1703 IS

1 ‘‘(A) any such records can be shared with 

2 promotion boards, commanding officers, and 

3 other members of the armed forces; 

4 ‘‘(B) any adverse actions can be taken 

5 against the member for seeking and receiving 

6 mental health services; and 

7 ‘‘(C) a diagnosis of a mental health condi8 tion can result in negative personnel action. 

9 ‘‘(c) REDUCTION OF PERCEIVED STIGMA.—As pro10 vided in section 1090a(b)(1) of this title, in providing in11 formation under subsection (a), the Secretary of a military 

12 department shall seek to eliminate perceived stigma asso13 ciated with seeking and receiving mental health services 

14 and to promote the use of mental health services on a 

15 basis comparable to the use of other medical and health 

16 services.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 55 of such title is amended 

19 by inserting after the item relating to section 1090a the 

20 following new item: 

‘‘1090b. Notice to members of the armed forces on availability of mental health 

services and privacy rights related to receipt of such services.’’. 

21 (c) PROVISION OF INFORMATION TO CURRENT MEM22 BERS.—As soon as practicable after the date of the enact23 ment of this Act, the Secretary of Defense shall ensure 

24 that all members of the Armed Forces, including members 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•S 1703 IS

1 of the reserve components, serving in the Armed Forces 

2 as of that date are provided the information required to 

3 be provided to new recruits and officer candidates pursu4 ant to section 1090b of title 10, United States Code, as 

5 added by subsection (a). 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS