I 
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 Sys-
tem of the Department of Defense, and for other pur-
poses. 
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 of 2023’’. 
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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 will-
ingness to ensure every single member receives excel-
lent health care and just treatment in the medical 
separation process when they’ve become ill or in-
jured 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 fu-
ture 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 pro-
portional 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 regard-
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ing 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 De-
fense Health Agency. That responsibility through 
the jurisdiction of the military chain of command is 
effective during the entirety of the process of the In-
tegrated Disability Evaluation System of the De-
partment 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 dis-
ability 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 du-
ties incident to the determination’’ of ‘‘fitness for ac-
tive 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 Sec-
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retary of the Army, the Secretary of the Navy, and 
the Secretary of the Air Force respectively. 
(b) DECLARATION OF POLICY REGARDING ACCOUNT-
ABILITY FOR WOUNDED WARRIORS.—It is the policy of 
Congress that— 
(1) determinations of fitness for duty or phys-
ical capability to perform a military occupational 
specialty of a member of the Armed Forces under 
the jurisdiction of the Secretary of a military depart-
ment 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, includ-
ing 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 de-
scribed in paragraph (1) or (2) resides in the mili-
tary chain of command and not the chain of respon-
sibility 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 
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process afforded under the laws, regulations, or 
other applicable guidance of the military department 
of the Wounded Warrior. 
(c) CLARIFICATION OF RESPONSIBILITIES REGARD-
ING
THE INTEGRATED DISABILITY EVALUATION SYS-
TEM.—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 De-
fense 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 de-
partment concerned while the member is being considered 
by a medical evaluation board or during any other part 
of the implementation of the Integrated Disability Evalua-
tion System of the Department of Defense, or successor 
system. 
‘‘(2) Responsibility of the Secretary of a military de-
partment under paragraph (1) shall include the following: 
‘‘(A) Responsibility for administering the mo-
rale and welfare of each member of the Armed 
Forces under the jurisdiction of such Secretary. 
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