[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3517 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3517

To clarify and improve accountability for certain members of the Armed 
 Forces during consideration for medical separation in the Integrated 
  Disability Evaluation System of the Department of Defense, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

  Mr. Mast (for himself, Mr. McCormick, Mr. Larsen of Washington, Mr. 
Panetta, 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 for medical separation in the Integrated 
  Disability Evaluation System of the Department of Defense, 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 2023''.

SEC. 2. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE ARMED FORCES DURING 
              THE INTEGRATED DISABILITY EVALUATION SYSTEM.

    (a) Findings.--Congress finds the following:
            (1) Members of the Armed Forces are the brave men and women 
        who voluntarily put themselves in harm's way, while fighting 
        the enemies of freedom around the world so that all citizens of 
        the United States and countless citizens of other nations can 
        enjoy the blessings of liberty in peace. We owe those members 
        not only a debt of gratitude, but our willingness to ensure 
        every single member receives excellent health care and just 
        treatment in the medical separation process when they've become 
        ill or injured in the line of duty. This is critically 
        important, not only for the present state of readiness in the 
        Armed Forces, but for potential recruitment of future 
        warfighters as elucidated by President George Washington when 
        he stated, ``The willingness with which our young people are 
        likely to serve in any war, no matter how justified, shall be 
        directly proportional to how they perceive veterans of early 
        wars were treated and appreciated by our nation.''
            (2) Wounded Warriors remain members of an Armed Force under 
        the jurisdiction of the Secretary of a military department and 
        determinations regarding their physical ability is the 
        responsibility of the chain of command of the member, rather 
        than the personnel within or under the direction of the Defense 
        Health Agency. That responsibility through the jurisdiction of 
        the military chain of command is effective during the entirety 
        of the process of the Integrated Disability Evaluation System 
        of the Department of Defense, or successor system, instead of 
        vesting for practical purposes only at the end of such process.
            (3) Section 1214 of title 10, United States Code, 
        guarantees that ``[n]o member of the Armed Forces may be 
        retired or separated for physical disability without a full and 
        fair hearing if he demands it.''
            (4) Section 1216(b) of such title grants the Secretary 
        concerned ``all powers, functions, and duties incident to the 
        determination'' of ``fitness for active duty of any member of 
        an Armed Force under his jurisdiction.''
            (5) Sections 7013(b), 8013(b), and 9013(b) of such title 
        assigns responsibility for and grants ``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 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 entities of the Department of Defense, 
        including the Defense Health Agency, but ultimately, such 
        determination remains a decision of the Secretary of the 
        military department concerned;
            (3) the full authority for a determination described in 
        paragraph (1) or (2) resides in the military chain of command 
        and not the chain of responsibility of the Defense Health 
        Agency; and
            (4) 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, 
        regulations, or other applicable guidance of the military 
        department of the Wounded Warrior.
    (c) Clarification of Responsibilities Regarding the Integrated 
Disability Evaluation System.--Subsection (h) of section 1073c of title 
10, United States Code, is amended to read as follows:
    ``(h) Authorities Reserved to Secretaries of the Military 
Departments.--(1) Notwithstanding the responsibilities and authorities 
of the Director of the Defense Health Agency with respect to the 
administration of military medical treatment facilities under 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 or during any 
other part of the implementation of the Integrated Disability 
Evaluation System of the Department of Defense, or successor system.
    ``(2) Responsibility of the Secretary of a military department 
under paragraph (1) shall include the following:
            ``(A) Responsibility for administering the morale and 
        welfare of each member of the Armed Forces under the 
        jurisdiction of such Secretary.
            ``(B) Responsibility for determinations of fitness for 
        active duty of each such member.
            ``(C) Complete operational and administrative control of 
        each such member at every stage of the implementation of the 
        Integrated Disability Evaluation System, or successor system, 
        from the beginning of the medical evaluation board to the 
        conclusion of the physical evaluation board, including the 
        authority to pause for a reasonable amount of time or 
        completely withdraw the member from such system if the military 
        commander with jurisdiction over the Wounded Warrior finds that 
        any policies, procedures, regulations, or other related 
        guidance has not been followed in the case of the member.''.
    (d) Opportunity for Due Process Hearing in the Military Chain of 
Command.--
            (1) In general.--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 
        of the Department of Defense, or successor system, to ensure 
        that appeals made by Wounded Warriors under the jurisdiction of 
        the Secretary concerned include (if the member demands it) a 
        full and fair hearing on such determination, to be conducted by 
        the Secretary concerned.
            (2) Characterization of appeal.--An appeal made under 
        paragraph (1) is separate from and in addition to any appellate 
        options available to a Wounded Warrior under the Integrated 
        Disability Evaluation System of the Department of Defense, or 
        successor system.
            (3) Timely manner.--
                    (A) In general.--Upon request by Wounded Warrior, 
                the military commander with jurisdiction over the 
                Wounded Warrior shall process an appeal under paragraph 
                (1).
                    (B) Adjudication.--Not later than 90 days after the 
                initiation by a Wounded Warrior of an appeal under 
                paragraph (1) the military commander with jurisdiction 
                over the Wounded Warrior, and every echelon of command 
                all the way up to the general court-martial convening 
                authority if the commander denies the appeal, shall 
                complete adjudication of the appeal.
    (e) Briefing.--Not later than February 1, 2024, the Secretary of 
Defense shall provide to the appropriate congressional committees a 
briefing on the status of the implementation of this section and the 
amendments made by this section.
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate; 
                and
                    (B) the Committee on Armed Services of the House of 
                Representatives.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        has the meaning given that term in section 101 of title 10, 
        United States Code.
            (3) Wounded warrior.--The term ``Wounded Warrior'' means a 
        member of the Armed Forces being processed for potential 
        medical separation at any point in the Integrated Disability 
        Evaluation System of the Department of Defense, or successor 
        system.
                                 <all>