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 re-
ferred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to require the Sec-
retary of Defense to prescribe regulations to protect the
confidentiality of communications between dependents of
members of the Armed Forces and professionals pro-
viding therapeutic or related services regarding sexual
or domestic abuse.
Be it enacted by the Senate and House of Representa-
tives 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 CONFIDEN-
TIALITY OF COMMUNICATIONS BETWEEN DE-
PENDENTS AND PROFESSIONALS PROVIDING
THERAPEUTIC OR RELATED SERVICES RE-
GARDING SEXUAL OR DOMESTIC ABUSE.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 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 communica-
tions 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 organiza-
tions;
‘‘(2) applicable requirements of Federal and
State law;
‘‘(3) the best interest of victims of sexual har-
assment, sexual assault, or intrafamily abuse; and
‘‘(4) such other factors as the Secretary, in con-
sultation with the Attorney General, considers ap-
propriate.
‘‘(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, sex-
ual 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 profes-
sional 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 mili-
tary departments for protecting the confidentiality of com-
munications 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 profes-
sional 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 sub-
mitted not later than 180 days after the date of the enact-
ment 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 sub-
section (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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