Title: Brandon Act
Policy area: Armed Forces and National Security

Summary:
Brandon Act
This bill modifies the regulatory requirement for referrals by commanding officers and supervisors of members of the Armed Forces for mental health evaluations. Specifically, the regulations must (1) establish a phrase that enables the member to trigger a referral for a mental health evaluation, (2) require a commanding officer or supervisor to make such referrals as soon as practicable following disclosure by the member of the established phrase, and (3) ensure that the process protects the confidentiality of the member.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2088

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2021

  Mr. Kelly (for himself, Mr. Cramer, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brandon Act''.

SEC. 2. MANDATORY REFERRAL OF MEMBERS OF THE ARMED FORCES FOR MENTAL 
              HEALTH EVALUATION.

    (a) In General.--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 under this subsection 
        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.''.
    (b) Conforming Amendment.--Subsection (a) of such section is 
amended, in the second sentence, by striking ``subsections (b), (c), 
and (d)'' and inserting ``this section''.
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