Wounded Warrior Bill of Rights Act
Bill: H.R.8081 | Sponsor: Rep. Mast, Brian J. (R-FL)
Policy area: Armed Forces and National Security

Summary:
Wounded Warrior Bill of Rights Act
This bill requires the Department of Defense to establish a policy (containing specified elements) to ensure accountability for actions taken under the authorities of the Defense Health Agency and the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. The bill also specifies that each military department must maintain personnel authority over, and responsibility for, its members during medical evaluation board consideration.

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.

    Be it enacted by the Senate and House of Representatives 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.''.

SEC. 2. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY 
              EVALUATION.

    (a) In General.--Not later than April 1, 2023, the Secretary of 
Defense shall establish a policy to ensure accountability for actions 
taken under the authorities of the Defense Health Agency and military 
departments, respectively, concerning wounded, ill, and injured members 
of the Armed Forces during the integrated disability evaluation 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 jurisdiction of the Secretary of a military 
        department concerned.
            (2) A medical evaluation provided under the authority 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 applicable law and regulations of 
        the Department of Defense and the military department 
        concerned.
    (b) Clarification of Responsibilities Regarding 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 Disability Evaluation System.--
Notwithstanding the responsibilities and authorities of the Defense 
Health Agency 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 personnel 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. 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 Committees on Armed Services of 
the Senate and House of Representatives on the status of implementation 
as mentioned of subsections (a) and (b).
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