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II
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.
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Brandon Act’’.
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SEC. 2. MANDATORY REFERRAL OF MEMBERS OF THE
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ARMED FORCES FOR MENTAL HEALTH EVAL-
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UATION.
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Section 1090a of title 10, United States Code, is
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amended—
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•S 4334 IS
(1) by redesignating subsection (e) as sub-
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section (f); and
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(2) by inserting after subsection (d) the fol-
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lowing new subsection:
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‘‘(e) PROCESS APPLICABLE
TO MEMBER DISCLO-
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SURE.—The regulations required by subsection (a) shall—
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‘‘(1) establish a phrase that enables a member
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of the armed forces to trigger a referral of the mem-
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ber by a commanding officer or supervisor for a
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mental health evaluation;
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‘‘(2) require a commanding officer or supervisor
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to make such referral as soon as practicable fol-
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lowing disclosure by the member to the commanding
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officer or supervisor of the phrase established under
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paragraph (1); and
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‘‘(3) ensure that the referral process protects
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the confidentiality of the member in a manner simi-
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lar to the confidentiality provided for members mak-
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ing restricted reports under section 1565b(b) of this
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title.’’.
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