Pilot program of anonymous nonmedical counseling for special operations forces
Division A — Department of Defense Authorizations › Title V — MILITARY PERSONNEL POLICY › Subtitle J — Other Matters and Miscellaneous Reports
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(a) Pilot program In addition to authorities under sections 167 and 1788a of title 10, United States Code, the Commander of the United States Special Operations Command shall carry out a pilot program to provide anonymous nonmedical counseling services to members of the special operations forces and families of such members using a novel anonymous telehealth platform. The Commander shall ensure that counseling services under the pilot program are available to eligible individuals described in subsection (c) beginning not later than June 1, 2027. (b) Use of existing personnel (1) Designation The Commander shall designate counselors and clinicians employed by, contracted to, or assigned to the United States Special Operations Command or its component commands, including counselors and clinicians supporting the Preservation of the Force and Family program, to provide services under the pilot program. Counseling hours dedicated to the pilot program shall be equivalent to not less than 20 percent of the total counseling capacity supporting the Preservation of the Force and Family program. (2) Continuation of existing duties The Commander shall ensure that— (A) designated personnel under paragraph (1) continue to perform the existing assigned duties of the personnel; and (B) the pilot program and the anonymous telehealth platform serve as a supplemental intake pathway for participating counselors. (3) Geographic scope of service A counselor or clinician designated under paragraph (1) may provide services under the pilot program to any eligible individual described in subsection (c), regardless of the installation, duty station, or geographic location of the counselor, clinician, or eligible individual. (c) Eligibility The Commander shall ensure that the pilot program is available to all individuals currently or previously assigned to, supporting, or augmenting the United States Special Operations Command or its component commands, and to the spouses and dependents (as defined in section 1072 of title 10, United States Code) of such individuals. (d) Standard of care Services under the pilot program shall consist of nonmedical counseling similar in type and scope to the nonmedical counseling provided under the Department of Defense Military and Family Life Counseling Program under section 1781(d) of title 10, United States Code, including with respect to charting and recordkeeping practices and the cross-jurisdictional authorities described in paragraph (2) of such section, except that services under the pilot program shall be delivered exclusively through an anonymous telehealth platform. (e) Anonymity (1) Platform The Commander shall ensure that— (A) the anonymous telehealth platform does not collect or retain personally identifiable information regarding any participant; and (B) session content transmitted during the course of services is protected by end-to-end encryption, such that the platform vendor cannot access such content, and is not retained on the platform after the session. (2) Participant disclosure A participant may voluntarily disclose identifying information in the course of receiving services but is not required to do so as a condition of participation. (3) Counselor conduct A counselor providing services under the pilot program may not request, require, or otherwise solicit personally identifiable information from a participant, except as necessary to act on a duty arising under applicable Federal or State law in cases involving imminent risk of harm. (4) Use of information Participation in the pilot program, and any information disclosed by a participant during services, shall not result in entry into medical records, command notification, or referral, except as required to discharge a duty described in paragraph (3). (f) Information security The Chief Information Officer of the Department of Defense shall establish alternative information security requirements for the anonymous telehealth platform used to deliver services under the pilot program, reflecting the anonymous design of the platform and the limited duration of the pilot program. Such requirements shall not include authorization under the Federal Risk and Authorization Management Program. (g) Funding No additional funds are authorized to be appropriated to carry out the pilot program. (h) Reports Not later than February 1 of each year following the date counseling services first become available under the pilot program, the Commander shall submit to the congressional defense committees an annual report evaluating utilization, impact on existing counseling capacity, cost considerations, readiness implications, and recommendations for continuation or expansion. (i) Sunset The authority under this section terminates on September 30, 2029, except that the Commander may extend the pilot program for up to two additional fiscal years upon notification to the congressional defense committees.