[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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