[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1991 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1991
To direct the Secretary of Defense to review the discharge
characterization of former members of the Armed Forces who were
discharged by reason of the sexual orientation of the member, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2019
Mr. Schatz (for himself, Mrs. Gillibrand, Ms. Baldwin, Mr. Bennet, Mr.
Brown, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Duckworth, Mr.
Durbin, Ms. Harris, Ms. Hirono, Ms. Klobuchar, Mr. Leahy, Mr. Markey,
Mr. Menendez, Mr. Merkley, Mr. Murphy, Mrs. Shaheen, Ms. Stabenow, Mr.
Tester, Mr. Udall, Ms. Warren, Mr. Whitehouse, Mr. Wyden, Mrs.
Feinstein, and Mr. Peters) introduced the following bill; which was
read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to review the discharge
characterization of former members of the Armed Forces who were
discharged by reason of the sexual orientation of the member, 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 ``Restore Honor to Service Members
Act''.
SEC. 2. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate
discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a
covered member to honorable under subsection (a)(2), the Secretary of
Defense shall ensure that such changes are carried out consistently and
uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar policy
in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would have
independently led to a discharge characterization that was any
characterization except honorable. For purposes of this
paragraph, such aggravating circumstances may not include--
(A) an offense under section 925 of title 10,
United States Code (article 125 of the Uniform Code of
Military Justice), committed by a covered member
against a person of the same sex with the consent of
such person; or
(B) statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or
identity, or the disclosure of such statements,
conduct, or acts, that were prohibited at the time of
discharge but after the date of such discharge became
permitted.
(3) When requesting a review, a covered member, or the
member's representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the
member;
(ii) a personal affidavit of the
circumstances surrounding the discharge; and
(iii) any relevant records pertaining to
the discharge; or
(B) an affidavit certifying that the member, or the
member's representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make
every effort to locate the documents specified in
subparagraph (A) of such paragraph within the records
of the Department of Defense; and
(B) the absence of such documents may not be
considered a reason to deny a change of the discharge
characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall
ensure the mechanism by which covered members, or their representative,
may request to have the discharge characterization of the covered
member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under
subsection (c), the appropriate discharge board shall review
all relevant laws, records of oral testimony previously taken,
service records, or any other relevant information regarding
the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the
covered member or the member's representative, in
writing, and specifically detailing what is being
requested; and
(B) shall be responsible for obtaining a copy of
the necessary files of the covered member from the
member, or when applicable, from the Department of
Defense.
(e) Change of Characterization.--The appropriate discharge board
shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted under subsection (d) pursuant to the criteria under
subsection (b). A covered member, or the member's representative, may
appeal a decision by the appropriate discharge board to not change the
discharge characterization by using the regular appeals process of the
board.
(f) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (e), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or the member's representative a revised DD-214
form that reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other similar
indication of the sexual orientation or reason for discharge
shall be removed or changed accordingly to be consistent with
this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the sections
of the DD-214 form referred to paragraph (1) shall be changed
to similarly reflect a universal authority with codes,
authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to
an individual by reason of service in the Armed Forces;
and
(B) all recognitions and honors that the Secretary
of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of the
original discharge characterization of the member.
(3) Effective date of change of characterization for
veterans benefits.--For purposes of the provision of benefits
to which veterans are entitled under the laws administered by
the Secretary of Veterans Affairs to a covered member whose
discharge characterization is changed under subsection (e), the
date of discharge of the member from the Armed Forces shall be
deemed to be the effective date of the change of discharge
characterization under that subsection.
(4) Construction.--Nothing in this subsection shall be
construed to authorize any benefit to a covered member in
connection with the change of discharge characterization of the
member under subsection (e) for any period before the effective
date of the change of discharge characterization.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such section
was repealed pursuant to the Don't Ask, Don't Tell Repeal Act
of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
SEC. 3. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of the Department of Defense is to provide
the military forces needed to deter war and to protect the
security of the United States;
(2) expanding outreach to veterans impacted by DADT or a
similar policy prior to the enactment of DADT is important to
closing a period of history harmful to the creed of integrity,
respect, and honor of the military;
(3) the Department is responsible for providing for the
review of a veteran's military record before the appropriate
discharge review board or, when more than 15 years has passed,
board of correction for military or naval records; and
(4) the Secretary of Defense should, wherever possible,
coordinate and conduct outreach to impacted veterans through
the veterans community and networks, including through the
Department of Veterans Affairs and veterans service
organizations, to ensure that veterans understand the review
processes that are available to them for upgrading military
records.
(b) Tiger Team.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a team (commonly known as a ``tiger team'' and
referred to in this section as the ``Tiger Team'') responsible
for conducting outreach to build awareness among former members
of the Armed Forces of the process established pursuant to
section 2 for the review of discharge characterizations by
appropriate discharge boards. The Tiger Team shall consist of
appropriate personnel of the Department of Defense assigned to
the Tiger Team by the Secretary for purposes of this section.
(2) Tiger team leader.--One of the persons assigned to the
Tiger Team under paragraph (1) shall be a senior-level officer
or employee of the Department who shall serve as the lead
official of the Tiger Team (in this section referred to as the
``Tiger Team Leader'') and who shall be accountable for the
activities of the Tiger Team under this section.
(3) Report on composition.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report setting forth the names of the
personnel of the Department assigned to the Tiger Team pursuant
to this subsection, including the positions to which assigned.
The report shall specify the name of the individual assigned as
Tiger Team Leader.
(c) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to
build awareness among veterans of the process established
pursuant to section 2 for the review of discharge
characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this
subsection, the Tiger Team Leader shall identify appropriate
external stakeholders with whom the Tiger Team shall work to
carry out such activities. Such stakeholders shall include the
following:
(A) The Secretary of Veterans Affairs.
(B) The Archivist of the United States.
(C) Representatives of veterans service
organizations.
(D) Such other stakeholders as the Tiger Team
Leader considers appropriate.
(3) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which
the Secretary, working through the Tiger Team
and in collaboration with external stakeholders
described in paragraph (2), shall identify
individuals who meet the criteria in section
2(b) for review of discharge characterization.
(ii) A description of the manner in which
the Secretary, working through the Tiger Team
and in collaboration with the external
stakeholders, shall improve outreach to
individuals who meet the criteria in section
2(b) for review of discharge characterization,
including through--
(I) obtaining contact information
on such individuals; and
(II) contacting such individuals on
the process established pursuant to
section 2 for the review of discharge
characterizations.
(B) A description of the manner in which the work
described in clauses (i) and (ii) of subparagraph (A)
will be carried out, including an allocation of the
work among the Tiger Team and the external
stakeholders.
(C) A schedule for the implementation, carrying
out, and completion of the plan required under
subparagraph (A).
(D) A description of the additional funding,
personnel, or other resources of the Department
required to carry out the plan required under
subparagraph (A), including any modification of
applicable statutory or administrative authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and
carry out the plan submitted under subparagraph (A) of
paragraph (3) in accordance with the schedule submitted
under subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every
90 days after the submittal of the report under
paragraph (3), the Tiger Team shall submit to Congress
an update on the carrying out of the plan submitted
under subparagraph (A) of that paragraph.
(5) Final report.--Not later than 3 years after the date of
the enactment of this Act, the Tiger Team shall submit to the
appropriate committees of Congress a final report on the
activities of the Tiger Team under this subsection. The report
shall set forth the following:
(A) The number of individuals discharged under DADT
or a similar policy prior to the enactment of DADT.
(B) The number of individuals described in
subparagraph (A) who availed themselves of a review of
discharge characterization (whether through discharge
review or correction of military records) through a
process established prior to the enactment of this Act.
(C) The number of individuals contacted through
outreach conducted pursuant to this section.
(D) The number of individuals described in
subparagraph (A) who availed themselves of a review of
discharge characterization through the process
established pursuant to section 2.
(E) The number of individuals described in
subparagraph (D) whose review of discharge
characterization resulted in a change of
characterization to honorable discharge.
(F) The total number of individuals described in
subparagraph (A), including individuals also covered by
subparagraph (E), whose review of discharge
characterization since September 20, 2011 (the date of
repeal of DADT), resulted in a change of
characterization to honorable discharge.
(6) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(d) Termination.--On the date that is 60 days after the date on
which the final report required by paragraph (5) is submitted, the
Secretary shall terminate the Tiger Team.
SEC. 4. REPORTS.
(a) Review.--The Secretary of Defense shall conduct a review of the
consistency and uniformity of the reviews conducted under section 2.
(b) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-year period,
the Secretary shall submit to Congress a report on the reviews under
subsection (a). Such reports shall include any comments or
recommendations for continued actions.
SEC. 5. HISTORICAL REVIEW.
The Secretary of each military department shall ensure that oral
historians of the department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the actual
or perceived sexual orientation of the individual so that such
testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
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