I

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Military Dependents

5 Communications Confidentiality Act of 1999’’.
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1 SEC. 2. REQUIREMENT FOR DEPARTMENT OF DEFENSE

2 REGULATIONS TO PROTECT THE CONFIDEN3 TIALITY OF COMMUNICATIONS BETWEEN DE4 PENDENTS AND PROFESSIONALS PROVIDING

5 THERAPEUTIC OR RELATED SERVICES RE6 GARDING SEXUAL OR DOMESTIC ABUSE.

7 (a) IN GENERAL.—(1) Chapter 80 of title 10, United

8 States Code, is amended by adding at the end the fol9 lowing new section:

10 ‘‘§ 1562. Confidentiality of communications between

11 dependents and professionals providing

12 therapeutic or related services regarding

13 sexual or domestic abuse

14 ‘‘(a) REGULATIONS.—The Secretary of Defense shall

15 prescribe in regulations such policies and procedures as

16 the Secretary considers necessary to provide the maximum

17 possible protection for the confidentiality of communica18 tions described in subsection (b) relating to misconduct

19 described in that subsection. Those regulations shall be

20 consistent with—

21 ‘‘(1) the standards of confidentiality and ethical

22 standards issued by relevant professional organiza23 tions;

24 ‘‘(2) applicable requirements of Federal and

25 State law;
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1 ‘‘(3) the best interest of victims of sexual har2 assment, sexual assault, or intrafamily abuse; and

3 ‘‘(4) such other factors as the Secretary, in con4 sultation with the Attorney General, considers ap5 propriate.

6 ‘‘(b) COVERED COMMUNICATIONS.—Subsection (a)

7 applies to communications between—

8 ‘‘(1) a dependent of a member of the armed

9 forces who—

10 ‘‘(A) is a victim of sexual harassment, sex11 ual assault, or intrafamily abuse; or

12 ‘‘(B) has engaged in such misconduct; and

13 ‘‘(2) a therapist, counselor, advocate, or other

14 professional from whom the dependent seeks profes15 sional services in connection with effects of such

16 misconduct.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘1562. Confidentiality of communications between dependents and professionals

providing therapeutic or related services regarding sexual or

domestic abuse.’’.

20 (b) GAO STUDY.—(1) The Comptroller General shall

21 study the policies, procedures, and practices of the mili22 tary departments for protecting the confidentiality of com23 munications between—
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1 (A) a dependent of a member of the Armed

2 Forces who—

3 (i) is a victim of sexual harassment, sexual

4 assault, or intrafamily abuse; or

5 (ii) has engaged in such misconduct; and

6 (B) a therapist, counselor, advocate, or other

7 professional from whom the dependent seeks profes8 sional services in connection with effects of such

9 misconduct.

10 (2) The Comptroller General shall conclude the study

11 and submit to the Secretary of Defense and Congress a

12 report on the results of the study. The report shall be sub13 mitted not later than 180 days after the date of the enact14 ment of this Act.

15 (c) INITIAL REGULATIONS.—The initial regulations

16 under section 1562 of title 10, United States Code, as

17 added by subsection (a), shall be prescribed not later than

18 90 days after the date on which the Secretary of Defense

19 receives the report of the Comptroller General under sub20 section (b). In prescribing those regulations, the Secretary

21 shall ensure that those regulations are consistent with the

22 findings of the Comptroller General in that report.

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