118 HR 3517 IH: Wounded Warrior Bill of Rights Act of 2023
U.S. House of Representatives
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I
118th CONGRESS
1st Session
H. R. 3517
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.
1.

Short title
This Act may be cited as the “Wounded Warrior Bill of Rights Act of 2023”.
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.