Title 10, Armed ForcesRelease 119-110

§1074n Annual Mental Health Assessments for Members of the Armed Forces

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 55 — MEDICAL AND DENTAL CARE › § 1074n

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must give a person-to-person mental health check at least once each calendar year to every member of the regular armed forces and every member of the Selected Reserve. The check must also happen before a service member leaves active duty under section 1145(a)(5)(A). The checks must follow the rules in section 1074m(c)(1) and must include a review of the member’s military health records about past assessments and other relevant service activities. If a member already got a mental health assessment under section 1074m that year, the Secretary does not have to give another one. The Secretary may count other in-person health exams, including those under section 1074f, as meeting this requirement if they meet the same standards. Any medical or personal information gathered must be protected by the applicable privacy laws. The Secretary of Defense must write rules for how this is carried out, after consulting the other military Secretaries.

Full Legal Text

Title 10, §1074n

Armed Forces, Source: USLM XML via OLRC

(a)Mental Health Assessments.—
Subject to subsection (c), not less frequently than once each calendar year (and before separation from active duty pursuant to section 1145(a)(5)(A) of this title), the Secretary of Defense shall provide a person-to-person mental health assessment for— (1)
(2)each member of the Selected Reserve of an armed force.
(b)Elements.—
The mental health assessments provided pursuant to this section shall—
(1)be conducted in accordance with the requirements of subsection (c)(1) of section 1074m of this title with respect to a mental health assessment provided pursuant to such section; and
(2)include a review of the health records of the member that are related to each previous health assessment or other relevant activities of the member while serving in the armed forces, as determined by the Secretary.
(c)Sufficiency of Other Mental Health Assessments.—
(1)The Secretary is not required to provide a mental health assessment pursuant to this section to an individual in a calendar year in which the individual has received a mental health assessment pursuant to section 1074m of this title.
(2)The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
(d)Privacy Matters.—
Any medical or other personal information obtained under this section shall be protected from disclosure or misuse in accordance with the laws on privacy applicable to such information.
(e)Regulations.—
The Secretary of Defense shall, in consultation with the other administering Secretaries, prescribe regulations for the administration of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (a). Pub. L. 115–91 inserted “(and before separation from active duty pursuant to section 1145(a)(5)(A) of this title)” after “each calendar year” in introductory provisions.

Statutory Notes and Related Subsidiaries

Implementation of

Regulations

Pub. L. 113–291, div. A, title VII, § 701(a)(3), Dec. 19, 2014, 128 Stat. 3409, provided that: “Not later than 180 days after the date of the issuance of the

Regulations

prescribed under section 1074n(e) of title 10, United States Code, as added by paragraph (1), the Secretary of Defense shall implement such

Regulations

.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 1074n

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110