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Bill
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Brandon Act

H.R. 3942 · 117th Congress · Jun 16, 2021 · Lineage

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.

Section 1 Short title

This Act may be cited as the “Brandon Act”.

Sec. 2 Mandatory referral for mental health evaluation

Section 1090a of title 10, United States Code, is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
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 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.”