Sec. 728. Accountability for wounded warriors undergoing disability evaluation
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Not later than April 1, 2023, the Secretary of Defense, in consultation with the Secretaries concerned, shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and the Armed Forces, respectively, concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process. Such policy shall include the following: A requirement 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 concerned.
A description of the role of the Director of the Defense Health Organization in supporting the Secretaries concerned in carrying out determinations of fitness for duty as specified in paragraph (1). A requirement that a medical evaluation provided under the authority of the Defense Health Agency under section 1073c of title 10, United States Code, shall comply with applicable law and Department of Defense regulations and shall be considered by the Secretary concerned in determining fitness for duty under such chapter.
A description of how the Director of the Defense Health Agency adheres to the medical evaluation processes of the Armed Forces, including an identification of each applicable regulation or policy the Director is required to adhere to. A requirement that 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 Armed Forces. A description of the types of due process protections, privileges, and rights afforded to members of the Armed Forces pursuant to paragraph (5), including an identification of each such due process protection.
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): 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 concerned shall maintain personnel authority over and responsibility for any member of the armed forces while the member is being considered by a medical evaluation board. Such responsibility shall include the following: Responsibility for administering the morale and welfare of the member. Responsibility for determinations of fitness for duty of the member under chapter 61 of this title. . Not later than February 1, 2023, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of subsections
(a)and (b). In this section: The term appropriate congressional committees means— the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate. The term Secretary concerned has the meaning given that term in section 101 of title 10, United States Code.