Brandon Act

I 116TH CONGRESS 2D SESSION H. R. 7368 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 HOUSE OF REPRESENTATIVES JUNE 25, 2020 Mr. MOULTON introduced the following bill; which was 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Brandon Act’’. 4 SEC. 2. MANDATORY REFERRAL FOR MENTAL HEALTH 5 EVALUATION. 6 Section 1090a of title 10, United States Code, is 7 amended— 8 VerDate Sep 11 2014 01:57 Jul 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7368.IH H7368 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7368 IH (1) by redesignating subsection (e) as sub- 1 section (f); and 2 (2) by inserting after subsection (d) the fol- 3 lowing new subsection: 4 ‘‘(e) PROCESS APPLICABLE TO MEMBER DISCLO- 5 SURE.—The regulations required by subsection (a) shall— 6 ‘‘(1) establish a phrase that enables a member 7 of the armed forces to trigger a referral of the mem- 8 ber by a commanding officer or supervisor for a 9 mental health evaluation; 10 ‘‘(2) require a commanding officer or supervisor 11 to make such referral as soon as practicable fol- 12 lowing disclosure by the member to the commanding 13 officer or supervisor of the phrase established under 14 paragraph (1); and 15 ‘‘(3) ensure that the process protects the con- 16 fidentiality of the member in a manner similar to 17 the confidentiality provided for members making re- 18 stricted reports under section 1565b(b) of this 19 title.’’. 20 Æ VerDate Sep 11 2014 01:57 Jul 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H7368.IH H7368 pamtmann on DSKBC07HB2PROD with BILLS