[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4017. Mr. KELLY (for himself, Mr. Cramer, Mr. Durbin, Mrs. 
Gillibrand, Mr. Kaine, Mr. Brown, Mr. Lujan, Mr. Blumenthal, and Mr. 
Hickenlooper) submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 C of title VII, add the following:

     SEC. 744. 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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