II 

116TH CONGRESS 

2D SESSION S. 3807 

To enhance the prevention of mental health discrimination against individuals 

during accession into the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. BLUMENTHAL (for himself and Ms. BALDWIN) introduced the following 

bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To enhance the prevention of mental health discrimination 

against individuals during accession into the Armed 

Forces, and for other purposes. 

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 ‘‘Prevention of Mental 

5 Health Discrimination During Military Accession Act’’. 


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1 SEC. 2. MEDICAL WAIVERS FOR INDIVIDUALS WITH MEN2 TAL HEALTH CONDITIONS AS MINORS UNDER 

3 STANDARDS FOR APPOINTMENT, ENLIST4 MENT, OR INDUCTION IN THE ARMED 

5 FORCES. 

6 (a) MEDICAL WAIVERS.—Department of Defense In7 struction 6130.03, relating to standards for appointment, 

8 enlistment, or induction in the Armed Forces, shall be 

9 modified to eliminate, to the extent practicable, undue dis10 crimination against individuals with covered mental health 

11 conditions (including, in particular, individuals with a 

12 temporary or adolescent diagnosis of a mental health con13 dition and showing demonstrable improvement) through 

14 such modifications to medical waiver standards and proc15 esses under that Instruction as the Under Secretary of 

16 Defense for Personnel and Readiness, in consultation with 

17 appropriate mental health practitioners, considers appro18 priate. 

19 (b) LIBERAL CONSIDERATION OF MILITARY FAMILY

20 LIFE IN ISSUANCE OF MEDICAL WAIVER FOR MENTAL

21 HEALTH CONDITIONS.— 

22 (1) IN GENERAL.—In determining whether to 

23 issue a waiver of the standards for appointment, en24 listment, or induction in the Armed Forces for an 

25 individual with a prior covered mental health condi26 tion who was raised (in whole or in part) in a miliVerDate Sep 11 2014 02:15 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3807.IS S3807

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1 tary family for purposes of authorization of the ap2 pointment, enlistment, or induction of such indi3 vidual in the Armed Forces, the Surgeon General of 

4 the military department concerned shall give liberal 

5 consideration in such individual’s favor to the poten6 tial role of the challenges of military family life in 

7 such condition. 

8 (2) REVIEW IN CASE OF DENIAL.— 

9 (A) IN GENERAL.—If an individual de10 scribed in paragraph (1) is denied appointment, 

11 enlistment, or induction in the Armed Forces 

12 based in whole or in part on a covered mental 

13 health condition notwithstanding the liberal 

14 consideration required by that paragraph, the 

15 Secretary of the military department concerned 

16 shall— 

17 (i) provide for the review of the denial 

18 on such basis by a qualified mental health 

19 care provider; and 

20 (ii) if the provider determines that the 

21 denial was unwarranted, authorize the ap22 pointment, enlistment, or induction of the 

23 individual in the Armed Forces (unless ap24 pointment, enlistment, or induction of the 


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1 individual remains unwarranted on some 

2 other basis). 

3 (B) MENTAL HEALTH CARE PROVIDER.— 

4 For purposes of this paragraph, a mental 

5 health care provider is any psychiatrist, psy6 chologist, mental health nurse practitioner, li7 censed social worker, or other licensed mental 

8 health care provider in the military health sys9 tem. 

10 (3) GUIDANCE.—Each military department 

11 shall carry out this subsection in accordance with 

12 guidance issued by the Secretary of such military de13 partment for purposes of this subsection. 

14 (c) ASSESSMENTS OF FREQUENCY OF DENIAL OF

15 MEDICAL WAIVERS FOR MENTAL HEALTH CONDI16 TIONS.— 

17 (1) IN GENERAL.—The Secretary of Defense 

18 shall conduct an assessment of the medical waivers 

19 of standards for appointment, enlistment, or induc20 tion in the Armed Forces that have been requested 

21 and issued under section 5.28 of Department of De22 fense Instruction 6103.03 during the five-year pe23 riod ending on the date of the enactment of this Act 

24 in order to determine whether, and the extent to 

25 which, individuals with a covered mental health conVerDate Sep 11 2014 02:15 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3807.IS S3807

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1 dition are disproportionately denied enlistment or in2 duction into the Armed Forces due to such condi3 tion. 

4 (2) ELEMENTS.—Each assessment under para5 graph (1) shall include the following: 

6 (A) A description of the number of minor 

7 military dependents whose medical records were 

8 accessed in connection with requests for and 

9 issuance of medical waivers as described in 

10 paragraph (1). 

11 (B) A description of the number of mili12 tary dependents who were denied appointment, 

13 enlistment, or induction in the Armed Forces 

14 based on information in their medical records 

15 as minors. 

16 (C) A description of the number of military 

17 dependents enlisted or inducted into the Armed 

18 Forces who have been separated or released 

19 from the Armed Forces following the merger of 

20 their dependent and member medical records. 

21 (D) An assessment whether the policies on 

22 medical waivers of the standards referred to in 

23 paragraph (1) in connection with psychiatric 

24 disorders deter military family members from 

25 seeking mental health care. 


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1 (d) COVERED MENTAL HEALTH CONDITION DE2 FINED.—In this section, the term ‘‘covered mental health 

3 condition’’ means a mental health condition appearing or 

4 diagnosed while the individual concerned was a minor. 

Æ 


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