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HR 4333 IH – Qualified to Serve Act
A bill to amend title 10, United States Code, to provide for consistency, transparency, and fairness with respect to medical evaluations to determine fitness to serve as members of the Armed Forces.
Section 1. Short Title
This Act may be cited as the “Qualified to Serve” Act.
SEC. 2. Medical Accession Standards for Members of the Armed Forces
Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:
“§ 658. Medical accession standards for members of
the Armed Forces
…
Establishment of Standards
(1) The Secretaries concerned shall establish uniform medical accession standards for each Armed Force.
- Such standards shall—
- apply uniformly for all commissioned officers of an Armed Force;
- apply uniformly for all enlisted members of an Armed Force across each occupational specialty.
Prohibition on Certain Medical Disqualifications
No person may be disqualified from serving as a member of the Armed Forces on the sole basis of a past diagnosis of a medical condition if—
- The diagnosis occurred before such person reached the age of 13 years old;
- The condition did not require treatment during the five-year period that ends on the date on which such person seeks to become a member of the Armed Forces;
- A licensed medical professional provides a current evaluation affirming that such person does not meet diagnostic criteria for the condition and is medically fit for service as a member of the Armed Forces;
- The Secretary concerned determines that diagnosis is unlikely to impact the health and readiness of the Armed Force of which such person seeks to become a member.
Process for Review or Waiver of Medical Disqualifications
(1) The Secretary concerned shall establish a process for the review of medical disqualifications of persons seeking to become a member of the Armed Forces.
- The Secretary concerned may approve the accession of a person into the Armed Forces without regard to a disqualifying medical diagnosis if the Secretary concerned determines that the accession of such person is in the interests of national security.
Annual Report
The Secretary of Defense shall annually submit to the congressional defense committees a report identifying:
- The number of persons disqualified from service as a member of the Armed Forces during the preceding calendar year due to medical history;
- The number and type of approvals granted under subsection (c)(2) during the preceding calendar year;
- Any updates to the medical standards for accession established under subsection (a) or the process established under subsection (c)(1) since the submission of the preceding report.
Source: HR 4333 IH – Qualified to Serve Act