[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4334 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4334

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.


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                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2020

  Ms. McSally 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.

    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 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.''.
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