[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6043 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6043

To clarify and improve accountability for certain members of the Armed 
  Forces during consideration by a medical evaluation board, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2021

     Mr. Mast (for himself, Mrs. Miller-Meeks, and Mrs. Rodgers of 
 Washington) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To clarify and improve accountability for certain members of the Armed 
  Forces during consideration by a medical evaluation board, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wounded Warrior Bill of Rights Act 
of 2021''.

SEC. 2. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE ARMED FORCES DURING 
              MEDICAL EVALUATION BOARD CONSIDERATION.

    (a) Findings.--Congress finds the following:
            (1) Wounded Warriors remain members of an Armed Force under 
        the jurisdiction of the Secretary of a military department, and 
        determinations regarding the physical ability of such a member 
        is the responsibility of the chain of command of the member, 
        rather than of personnel within or under the direction of the 
        Defense Health Agency.
            (2) Section 1214 of title 10, United States Code, 
        guarantees that ``no member of the armed forces may be retired 
        or separated for physical disability without a full and fair 
        hearing if he demands it.''
            (3) Section 1216 of title 10, United States Code, grants 
        the Secretaries concerned ``all powers, functions, and duties 
        incident to the determination'' of ``fitness for active duty of 
        any member of the armed force under his jurisdiction.''
            (4) Sections 7013, 8013, and 9013 of title 10, United 
        States Code, ``assign responsibility for'' and grant the 
        ``authority necessary to conduct'' the administration of ``the 
        morale and welfare of personnel'' to the Secretary of the Army, 
        the Secretary of the Navy, and the Secretary of the Air Force, 
        respectively.
    (b) Declaration of Policy Regarding Accountability for Wounded 
Warriors.--It is declared to be the policy of Congress that--
            (1) determinations of fitness for duty or physical 
        capability to perform a military occupational specialty of a 
        member of the Armed Forces under the jurisdiction of the 
        Secretary of a military department are the responsibility of 
        such Secretary;
            (2) determinations of fitness for a Wounded Warrior may be 
        assessed by medical professionals outside the military 
        department of the Wounded Warrior, and may be influenced by 
        precedents across other military departments, but ultimately, 
        such determination remains a decision of the Secretary of the 
        military department concerned; and
            (3) at no point during the medical evaluation of a Wounded 
        Warrior shall the Wounded Warrior be denied the protections, 
        privileges, or right to due process afforded under the laws and 
        regulations of their military department.
    (c) Clarification of Responsibilities Regarding Medical Evaluation 
Boards.--Section 1073c of title 10, United States Code, is amended--
            (1) by redesginating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Authorities Reserved to Secretaries of the Military 
Departments.--Notwithstanding the responsibilities and authorities of 
the Defense Health Agency with respect to the administration of 
military medical treatment facilities as set forth in this section, the 
Secretary of each military department shall maintain authority over and 
responsibility for any member of the armed forces under the 
jurisdiction of the military department concerned while the member is 
being considered by a medical evaluation board. Such responsibility 
shall include the following:
            ``(1) Responsibility for administering the morale and 
        welfare of the member.
            ``(2) Responsibility for determinations of fitness for 
        active duty of the member.''.
    (d) Opportunity for Hearing.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall update the 
policies and procedures applicable to the implementation of the 
Integrated Disability Evaluation System to ensure that appeals made 
with respect to determinations of fitness for duty by recovering 
members of the Armed Forces under the jurisdiction of the Secretary of 
a military department include (if the member demands it) a full and 
fair hearing on such determination, to be conducted by the Secretary of 
the military department concerned.
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