S. 2088 — Introduced in Senate

II 117th CONGRESS 1st Session S. 2088 IN THE SENATE OF THE UNITED STATES June 16, 2021Mr. Kelly (for himself, Mr. Cramer, and Mr. Durbin) 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. 1. Short title This Act may be cited as the Brandon Act. 2. 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.