1. Short title
This Act may be cited as the “Brandon Act”.
Brandon Act
A BILL
To amend title 10, United States Code, to improve the process by which a member of the Armed Forces may be referred for a mental health evaluation.
2. Mandatory referral of members of the Armed Forces for mental health evaluation
Section 1090a of title 10, United States Code, is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection:
“(e) Process applicable to member disclosure—The regulations required by subsection (a) shall—
“(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;
“(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and
“(3) ensure that the referral process protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.”