Section 1 Short title
This Act may be cited as the “Wounded Warrior Bill of Rights Act of 2021”.
Wounded Warrior Bill of Rights Act of 2021
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.
Sec. 2 Accountability for certain members of the Armed Forces during medical evaluation board consideration
Findings— Congress finds the following:
Wounded Warriors remain members of an Armed Force under the jurisdiction of the Secretary of a military department, and determinations regarding the physical ability of such a member is the responsibility of the chain of command of the member, rather than of personnel within or under the direction of the Defense Health Agency.
Section 1214 of title 10, United States Code, guarantees that “no member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.”
Section 1216 of title 10, United States Code, grants the Secretaries concerned “all powers, functions, and duties incident to the determination” of “fitness for active duty of any member of the armed force under his jurisdiction.”
Sections 7013, 8013, and 9013 of title 10, United States Code, “assign responsibility for” and grant the “authority necessary to conduct” the administration of “the morale and welfare of personnel” to the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, respectively.
Declaration of policy regarding accountability for Wounded Warriors— It is declared to be the policy of Congress that—
determinations of fitness for duty or physical capability to perform a military occupational specialty of a member of the Armed Forces under the jurisdiction of the Secretary of a military department are the responsibility of such Secretary;
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 determination remains a decision of the Secretary of the military department concerned; and
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.
Clarification of responsibilities regarding Medical Evaluation Boards— Section 1073c of title 10, United States Code, is amended—
by redesginating subsection (g) as subsection (h); and
by inserting after subsection (f) the following new subsection (g):
“(g) Authorities reserved to Secretaries of the military departments—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, 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 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 active duty of the member.”
Opportunity for hearing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall update the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System to ensure that appeals made with respect to determinations of fitness for duty by recovering members of the Armed Forces under the jurisdiction of the Secretary of a military department include (if the member demands it) a full and fair hearing on such determination, to be conducted by the Secretary of the military department concerned.