I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wounded Warrior Bill 

5 of Rights Act of 2021’’. 

6 SEC. 2. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE 

7 ARMED FORCES DURING MEDICAL EVALUA8 TION BOARD CONSIDERATION. 

9 (a) FINDINGS.—Congress finds the following: 


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1 (1) Wounded Warriors remain members of an 

2 Armed Force under the jurisdiction of the Secretary 

3 of a military department, and determinations re4 garding the physical ability of such a member is the 

5 responsibility of the chain of command of the mem6 ber, rather than of personnel within or under the di7 rection of the Defense Health Agency. 

8 (2) Section 1214 of title 10, United States 

9 Code, guarantees that ‘‘no member of the armed 

10 forces may be retired or separated for physical dis11 ability without a full and fair hearing if he demands 

12 it.’’ 

13 (3) Section 1216 of title 10, United States 

14 Code, grants the Secretaries concerned ‘‘all powers, 

15 functions, and duties incident to the determination’’ 

16 of ‘‘fitness for active duty of any member of the 

17 armed force under his jurisdiction.’’ 

18 (4) Sections 7013, 8013, and 9013 of title 10, 

19 United States Code, ‘‘assign responsibility for’’ and 

20 grant the ‘‘authority necessary to conduct’’ the ad21 ministration of ‘‘the morale and welfare of per22 sonnel’’ to the Secretary of the Army, the Secretary 

23 of the Navy, and the Secretary of the Air Force, re24 spectively. 


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1 (b) DECLARATION OF POLICY REGARDING ACCOUNT2 ABILITY FOR WOUNDED WARRIORS.—It is declared to be 

3 the policy of Congress that— 

4 (1) determinations of fitness for duty or phys5 ical capability to perform a military occupational 

6 specialty of a member of the Armed Forces under 

7 the jurisdiction of the Secretary of a military depart8 ment are the responsibility of such Secretary; 

9 (2) determinations of fitness for a Wounded 

10 Warrior may be assessed by medical professionals 

11 outside the military department of the Wounded 

12 Warrior, and may be influenced by precedents across 

13 other military departments, but ultimately, such de14 termination remains a decision of the Secretary of 

15 the military department concerned; and 

16 (3) at no point during the medical evaluation of 

17 a Wounded Warrior shall the Wounded Warrior be 

18 denied the protections, privileges, or right to due 

19 process afforded under the laws and regulations of 

20 their military department. 

21 (c) CLARIFICATION OF RESPONSIBILITIES REGARD22 ING MEDICAL EVALUATION BOARDS.—Section 1073c of 

23 title 10, United States Code, is amended— 

24 (1) by redesginating subsection (g) as sub25 section (h); and 


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1 (2) by inserting after subsection (f) the fol2 lowing new subsection (g): 

3 ‘‘(g) AUTHORITIES RESERVED TO SECRETARIES OF

4 THE MILITARY DEPARTMENTS.—Notwithstanding the re5 sponsibilities and authorities of the Defense Health Agen6 cy with respect to the administration of military medical 

7 treatment facilities as set forth in this section, the Sec8 retary of each military department shall maintain author9 ity over and responsibility for any member of the armed 

10 forces under the jurisdiction of the military department 

11 concerned while the member is being considered by a med12 ical evaluation board. Such responsibility shall include the 

13 following: 

14 ‘‘(1) Responsibility for administering the morale 

15 and welfare of the member. 

16 ‘‘(2) Responsibility for determinations of fitness 

17 for active duty of the member.’’. 

18 (d) OPPORTUNITY FOR HEARING.—Not later than 90 

19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall update the policies and procedures 

21 applicable to the implementation of the Integrated Dis22 ability Evaluation System to ensure that appeals made 

23 with respect to determinations of fitness for duty by recov24 ering members of the Armed Forces under the jurisdiction 

25 of the Secretary of a military department include (if the 


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1 member demands it) a full and fair hearing on such deter2 mination, to be conducted by the Secretary of the military 

3 department concerned. 

Æ 


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