H.R. 3942House117th Congress (2021-2023)In Committee

Brandon Act

Introduced June 16, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:25 AM UTC

The Brandon Act amends Title 10 of the U.S. Code to improve how a service member can be referred for a mental‑health evaluation. It creates a specific phrase that a member can use to trigger a referral, requires a commanding officer or supervisor to act promptly after the member discloses that phrase, and ensures the member’s confidentiality is protected similarly to restricted reports. The changes affect all members of the Armed Forces and the officers who handle such referrals.

Key Provisions

  • Adds a new subsection that establishes a phrase service members can use to request a mental‑health referral.
  • Requires commanders or supervisors to refer the member for evaluation as soon as practicable after the member uses the phrase.
  • Provides confidentiality protections for the member comparable to those for restricted reports under existing law.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Armed Services.

June 16, 2021

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HouseIntro Referral

Introduced in House

June 16, 2021

HouseIntro Referral

Referred to the House Committee on Armed Services.

June 16, 2021

Floor Debate

1 member

What members said about H.R. 3942 on the floor

1 Republican
Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Dec 13, 2022

Mr. Speaker, I rise today to celebrate the life of Brandon Caserta from Peoria, Arizona. Brandon was born on May 25, 1997, and everyone who knew him spoke of his kindness. Brandon grew up in a family…

Bill Text

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Introduced in HouseIssued June 16, 2021

I

117th CONGRESS

1st Session

H. R. 3942

IN THE HOUSE OF REPRESENTATIVES

June 16, 2021

Mr. Moulton (for himself, Mrs. Miller-Meeks, Mrs. Lesko, Mr. Morelle, Ms. Houlahan, Mr. Kahele, Ms. Moore of Wisconsin, Ms. Norton, Ms. Chu, and Ms. Strickland) 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.

1.

Short title

This Act may be cited as the Brandon Act.

2.

Mandatory referral 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 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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