Section 1 Short title
This Act may be cited as the “Wounded Warrior Bill of Rights Act.”.
Wounded Warrior Bill of Rights Act
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 undergoing medical treatment or evaluation for medical disability, and for other purposes.
Sec. 2 Accountability for wounded warriors undergoing disability evaluation
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:
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.
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.
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.
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.”
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).