[Congressional Record Volume 166, Number 129 (Wednesday, July 22, 2020)]
[Senate]
[Page S4429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2488. Ms. McSALLY submitted an amendment intended to be proposed 
to amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle A of title VII, add the following:

     SEC. 708. 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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