Sec. 729. Policy on accountability for wounded warriors undergoing disability evaluation
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/bill/117/s/4543/rs/section-729·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process of the Department of Defense. The policy required by subsection
(a)shall include the following: A requirement that 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 the military department concerned. A requirement that medical evaluation provided under the authority of the Defense Health Agency shall— comply with applicable law and regulations of the Department of Defense; and be considered by the Secretary of the military department concerned in determining fitness for duty under chapter 61 of such title. 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 military department concerned. 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 Director 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 Secretary concerned while the member is being considered by a medical evaluation board. The responsibility of the Secretary of a military department described in paragraph
(1)shall include the following: Responsibility for administering the morale and welfare of members of the armed forces under the jurisdiction of the Secretary concerned. Responsibility for determinations of fitness for duty of such members under chapter 61 of this title. .