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 Wash-
ington) 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. 
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 2021’’. 
SEC. 2. ACCOUNTABILITY FOR CERTAIN MEMBERS OF THE 
ARMED FORCES DURING MEDICAL EVALUA-
TION BOARD CONSIDERATION. 
(a) FINDINGS.—Congress finds the following: 
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(b) DECLARATION OF POLICY REGARDING ACCOUNT-
ABILITY FOR WOUNDED WARRIORS.—It is declared to be 
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 military departments, but ultimately, such de-
termination remains a decision of the Secretary of 
the military department concerned; and 
(3) 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 and regulations of 
their military department. 
(c) CLARIFICATION OF RESPONSIBILITIES REGARD-
ING MEDICAL EVALUATION BOARDS.—Section 1073c of 
title 10, United States Code, is amended— 
(1) by redesginating subsection (g) as sub-
section (h); and 
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(2) by inserting after subsection (f) the fol-
lowing new subsection (g): 
‘‘(g) AUTHORITIES RESERVED TO SECRETARIES OF 
THE MILITARY DEPARTMENTS.—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, the Sec-
retary of each military department shall maintain author-
ity 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 med-
ical 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 active duty of the member.’’. 
(d) OPPORTUNITY FOR HEARING.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall update the policies and procedures 
applicable to the implementation of the Integrated Dis-
ability Evaluation System to ensure that appeals made 
with respect to determinations of fitness for duty by recov-
ering members of the Armed Forces under the jurisdiction 
of the Secretary of a military department include (if the 
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member demands it) a full and fair hearing on such deter-
mination, to be conducted by the Secretary of the military 
department concerned. 
Æ 
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