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S. 2088Senate117th Congress (2021-2023)In Committee

Brandon Act

Sponsored by Mark KellySen. Mark Kelly (D-AZ)
Introduced June 16, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:23 AM UTC

The Brandon Act amends Title 10 of the U.S. Code to make it easier for service members to be referred for a mental‑health evaluation. It creates a clear way for a member to request help, obligates commanders to act quickly on that request, and protects the member’s privacy. The changes affect all members of the Armed Forces and the officers who supervise them.

Key Provisions

  • Creates a new subsection that establishes a specific phrase a service member can use to trigger a mental‑health referral
  • Requires a commanding officer or supervisor to refer the member for evaluation as soon as practicable after the phrase is disclosed
  • Ensures the referral process keeps the member’s information confidential, similar to existing restricted‑report protections
  • Re‑designates the former subsection (e) as subsection (f) and updates related cross‑references in the law

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 16, 2021

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SenateIntro Referral

Introduced in Senate

June 16, 2021

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 16, 2021

Bill Text

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Introduced in SenateIssued June 16, 2021

II

117th CONGRESS

1st Session

S. 2088

IN THE SENATE OF THE UNITED STATES

June 16, 2021

Mr. 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.