I 
117TH CONGRESS 
2D SESSION 
H. R. 8081 
To amend title 10, United States Code, to preserve the authority of the 
Secretary of the military department concerned over a member of the 
Armed Forces undergoing medical treatment or evaluation for medical 
disability, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2022 
Mr. MAST (for himself, Mr. LARSEN of Washington, Mr. WALTZ, Mrs. ROD-
GERS of Washington, Mrs. MILLER-MEEKS, and Mr. C. SCOTT FRANKLIN 
of Florida) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To amend title 10, United States Code, to preserve the 
authority of the Secretary of the military department 
concerned over a member of the Armed Forces under-
going medical treatment or evaluation for medical dis-
ability, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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.’’. 
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SEC. 2. ACCOUNTABILITY FOR WOUNDED WARRIORS UN-
DERGOING DISABILITY EVALUATION. 
(a) IN GENERAL.—Not later than April 1, 2023, the 
Secretary of Defense shall establish a policy to ensure ac-
countability for actions taken under the authorities of the 
Defense Health Agency and military departments, respec-
tively, concerning wounded, ill, and injured members of 
the Armed Forces during the integrated disability evalua-
tion system process. Such policy shall include that: 
(1) A determination of fitness for duty under 
chapter 61 of title 10, United States Code, of a 
member of the Armed Forces falls under the juris-
diction of the Secretary of a military department 
concerned. 
(2) A medical evaluation provided under the au-
thority of the Defense Health Agency under section 
1073c of such title shall comply with applicable law 
and Department of Defense regulations and shall be 
considered by the military department concerned in 
determining fitness for duty under such chapter. 
(3) Wounded, ill, and injured members of the 
Armed Forces shall not be denied the protections, 
privileges, or right to due process afforded under ap-
plicable law and regulations of the Department of 
Defense and the military department concerned. 
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(b) CLARIFICATION OF RESPONSIBILITIES REGARD-
ING MEDICAL EVALUATION BOARDS.—Section 1073c of 
title 10, United States Code, is amended by redesignating 
subsection (h) as subsection (i); and by inserting after 
subsection (g) the following new subsection (h): 
‘‘(h) AUTHORITIES RESERVED TO THE SECRETARIES 
OF THE MILITARY DEPARTMENTS CONCERNING THE DIS-
ABILITY EVALUATION SYSTEM.—Notwithstanding the re-
sponsibilities and authorities of the Defense Health Agen-
cy with respect to the administration of military medical 
treatment facilities as set forth in this section, including 
medical evaluations of members of the armed forces, the 
Secretary of each military department shall maintain per-
sonnel authority over and responsibility for any member 
of the armed forces under the jurisdiction of the military 
department concerned while the member is being consid-
ered 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 duty of the member under chapter 61 of this 
title.’’. 
(c) BRIEFING.—Not later than February 1, 2023, the 
Secretary of Defense shall provide a briefing to the Com-
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mittees on Armed Services of the Senate and House of 
Representatives on the status of implementation as men-
tioned of subsections (a) and (b). 
Æ 
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