[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3942 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3942

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 HOUSE OF REPRESENTATIVES

                             June 16, 2021

 Mr. Moulton (for himself, Mrs. Miller-Meeks, Mrs. Lesko, Mr. Morelle, 
Ms. Houlahan, Mr. Kahele, Ms. Moore of Wisconsin, Ms. Norton, Ms. Chu, 
 and Ms. Strickland) introduced the following bill; which was referred 
                   to the Committee on Armed Services

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                                 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 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.''.
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