119-hr3641

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3641 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3641

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 29, 2025

 Mr. Mast (for himself, Mr. McCormick, and Mr. Gottheimer) 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 System of the Department of Defense, 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 
of 2025''.

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 willingness to ensure 
 every single member receives excellent health care and just 
 treatment in the medical separation process when they've become 
 ill or injured 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 future 
 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 proportional 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 regarding 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 Defense 
 Health Agency. That responsibility through the jurisdiction of 
 the military chain of command is effective during the entirety 
 of the process of the Integrated Disability Evaluation System 
 of the Department 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 disability 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 duties incident to the 
 determination'' of ``fitness for active 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 Secretary of the Army, the Secretary of the 
 Navy, and the Secretary of the Air Force respectively.

    (b) Declaration of Policy Regarding Accountability for Wounded 
Warriors.--It is the policy of Congress that--

    (1) 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;

    (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, 
 including 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 described in 
 paragraph

    (1) or

    (2) resides in the military chain of command 
 and not the chain of responsibility 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 process afforded under the laws, 
 regulations, or other applicable guidance of the military 
 department of the Wounded Warrior.
            (c) Clarification of Responsibilities Regarding the Integrated 
Disability Evaluation System.--Subsection
            (i) 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 Defense 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 department concerned while the 
member is being considered by a medical evaluation board or during any 
other part of the implementation of the Integrated Disability 
Evaluation System of the Department of Defense, or successor system.
 ``

    (2) Responsibility of the Secretary of a military department 
under paragraph

    (1) shall include the following:
 ``
        (A) Responsibility for administering the morale and 
 welfare of each member of the Armed Forces under the 
 jurisdiction of such Secretary.
 ``
        (B) Responsibility for determinations of fitness for 
 active duty of each such member.
 ``
            (C) Complete operational and administrative control of 
 each such member at every stage of the implementation of the 
 Integrated Disability Evaluation System, or successor system, 
 from the beginning of the medical evaluation board to the 
 conclusion of the physical evaluation board, including the 
 authority to pause for a reasonable amount of time or 
 completely withdraw the member from such system if the military 
 commander with jurisdiction over the Wounded Warrior finds that 
 any policies, procedures, regulations, or other related 
 guidance has not been followed in the case of the member.''.
            (d) Opportunity for Due Process Hearing in the Military Chain of 
Command.--

    (1) In general.--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 
 of the Department of Defense, or successor system, to ensure 
 that appeals made by Wounded Warriors under the jurisdiction of 
 the Secretary concerned include (if the member demands it) a 
 full and fair hearing on such determination, to be conducted by 
 the Secretary concerned.

    (2) Characterization of appeal.--An appeal made under 
 paragraph

    (1) is separate from and in addition to any appellate 
 options available to a Wounded Warrior under the Integrated 
 Disability Evaluation System of the Department of Defense, or 
 successor system.

    (3) Timely manner.--
        (A) In general.--Upon request by Wounded Warrior, 
 the military commander with jurisdiction over the 
 Wounded Warrior shall process an appeal under paragraph

    (1) .
        (B) Adjudication.--Not later than 90 days after the 
 initiation by a Wounded Warrior of an appeal under 
 paragraph

    (1) the military commander with jurisdiction 
 over the Wounded Warrior, and every echelon of command 
 all the way up to the general court-martial convening 
 authority if the commander denies the appeal, shall 
 complete adjudication of the appeal.

    (e) Briefing.--Not later than February 1, 2026, the Secretary of 
Defense shall provide to the appropriate congressional committees a 
briefing on the status of the implementation of this section and the 
amendments made by this section.

    (f) 

=== Definitions. ===
-In this section:

    (1) The term ``appropriate congressional committees'' 
 means--
        (A) the Committee on Armed Services of the Senate; 
 and
        (B) the Committee on Armed Services of the House of 
 Representatives.

    (2) The term ``Secretary concerned'' has the meaning given 
 that term in 

section 101 of title 10, United States Code.

    (3) The term ``Wounded Warrior'' means a member of the 
 Armed Forces being processed for potential medical separation 
 at any point in the Integrated Disability Evaluation System of 
 the Department of Defense, or successor system.
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