I 

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. 

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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 Mental Health 

5 Empowerment Act’’. 

6 SEC. 2. PROVISION OF INFORMATION TO MEMBERS OF THE 

7 ARMED FORCES ON AVAILABILITY OF MEN8 TAL HEALTH SERVICES AND RELATED PRI9 VACY RIGHTS. 

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

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

12 the following new section: 

13 ‘‘§ 1090b. Notice to members of the armed forces of 

14 the availability of mental health services 

15 and privacy rights related to receipt of 

16 such services 

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

18 Secretaries of the military departments shall ensure that 

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

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

21 training; 

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

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

24 such times as the Secretary of Defense considers ap25 propriate. 

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1 ‘‘(b) REQUIRED INFORMATION.—The information re2 quired to be provided under subsection (a) shall include 

3 at a minimum the following: 

4 ‘‘(1) Information regarding the availability of 

5 mental health services under this chapter. 

6 ‘‘(2) Information on the applicability of Depart7 ment of Defense Directive 6025.18 and other regula8 tions regarding privacy prescribed pursuant to the 

9 Health Insurance Portability and Accountability Act 

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

11 a member seeking and receiving mental health serv12 ices, including the extent to which— 

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

14 promotion boards, commanding officers, and 

15 other members of the armed forces; 

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

17 against the member for seeking and receiving 

18 mental health services; and 

19 ‘‘(C) a diagnosis of a mental health condi20 tion can result in negative personnel action. 

21 ‘‘(c) REDUCTION OF PERCEIVED STIGMA.—As pro22 vided in section 1090a(b)(1) of this title, in providing in23 formation under subsection (a), the Secretary of a military 

24 department shall seek to eliminate perceived stigma asso25 ciated with seeking and receiving mental health services 

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

2 basis comparable to the use of other medical and health 

3 services.’’. 

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

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 1090a the following new 

7 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.’’. 

8 (c) PROVISION OF INFORMATION TO CURRENT MEM9 BERS.—As soon as practicable after the date of the enact10 ment of this Act, the Secretary of Defense shall ensure 

11 that all members of the Armed Forces, including members 

12 of the reserve components, serving in the Armed Forces 

13 as of that date are provided the information required to 

14 be provided to new recruits and officer candidates pursu15 ant to section 1090b of title 10, United States Code, as 

16 added by subsection (a). 

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