[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2637-S2638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 495. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle B of title VII, add the following:

     SEC. 715. 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:

[[Page S2638]]

       ``(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 member 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.
                                 ______