Sec. 722. Clarification of responsibilities regarding the integrated disability evaluation system
422 words·~2 min read·
/bill/118/hr/2670/rh/section-722A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(h)of section 1073c of title 10, United States Code, is amended— in the heading, by striking and inserting Secretaries Concerned and Medical Evaluation Boards ; authority over members by inserting before
(1)Nothing ; and by adding at the end the following new paragraphs: 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 or is otherwise subject to the integrated disability evaluation system. 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. Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of the integrated disability evaluation system, a commander shall, at all times, maintain absolute responsibility for, and authority over, a member of the armed forces referred to the integrated disability evaluation system. Such responsibility and authority include the following: The authority to pause any process of the integrated disability evaluation system regarding the member. The authority to withdraw the member from the integrated disability evaluation system if the commander determines that any policy, procedure, regulation, or other guidance has not been followed in the member’s case. Pursuant to regulations prescribed by the Secretary of Defense, a member referred to the integrated disability evaluation system may file an appeal of such referral with the Secretary of the military department concerned. Such an appeal— shall be in addition to any appeals process established as part of the integrated disability evaluation system; shall include a hearing before an officer who may convene a general court-martial and who is in the chain of command of the member; and shall be adjudicated not later than 90 days after such filing. . The Secretary of Defense shall prescribe regulations to carry out paragraphs
(2)through
(4)of such subsection, as added by this section, not later than 90 days after the date of the enactment of this Act. Not later than February 1, 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the implementation of such paragraphs.