[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2759 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2759

To restore honor to certain previously discharged members of the Armed 
                                Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2021

   Mr. Schatz (for himself, Ms. Ernst, and Mr. Young) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To restore honor to certain previously discharged members of the Armed 
                                Forces.

    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 
of 2021''.

SEC. 2. 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 Don't Ask, 
        Don't Tell or a similar policy prior to the enactment of Don't 
        Ask, Don't Tell 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) Establishment of Tiger Team.--
            (1) In general.--Not later than 60 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 527 of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552 note) 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 90 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 527 of the National Defense Authorization 
        Act for Fiscal Year 2020 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 210 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 
                        527(b) of the National Defense Authorization 
                        Act for Fiscal Year 2020 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 
                        527(b) of the National Defense Authorization 
                        Act for Fiscal Year 2020 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 527 of the National Defense 
                                Authorization Act for Fiscal Year 2020 
                                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 
        Committees on Armed Services of the Senate and the House of 
        Representatives 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 
                Don't Ask, Don't Tell or a similar policy prior to the 
                enactment of Don't Ask, Don't Tell.
                    (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 527 of the National 
                Defense Authorization Act for Fiscal Year 2020.
                    (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 Don't Ask, Don't Tell), resulted in a change 
                of characterization to honorable discharge.
            (6) 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.
    (d) Additional Reports.--
            (1) Review.--The Secretary of Defense shall conduct a 
        review of the consistency and uniformity of the reviews 
        conducted pursuant to section 527 of the National Defense 
        Authorization Act for Fiscal Year 2020.
            (2) 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 paragraph (1). Such reports shall include any 
        comments or recommendations for continued actions.
    (e) Don't Ask, Don't Tell Defined.--In this section, 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).

SEC. 3. RELIEF FOR IMPACTED FORMER MEMBERS.

    (a) Review of Discharge.--
            (1) In general.--The Secretary of Defense shall review and 
        update existing guidance to ensure that the appropriate 
        discharge board for the military departments concerned shall 
        review a discharge characterization of the covered member as 
        required under section 527 of the National Defense 
        Authorization Act for Fiscal Year 2020 at the request of a 
        covered member, or their representative, notwithstanding any 
        requirements to provide documentation necessary to initiate a 
        review of a discharge characterization.
            (2) Exception.--The appropriate discharge board for the 
        military departments concerned shall not be required to 
        initiate a request for a review of a discharge as described in 
        paragraph (1) if there is evidence available to the discharge 
        board that is unrelated to the material request of the covered 
        member or their representative but that would have reasonably 
        substantiated the military department's discharge decision.
    (b) Veterans Benefits.--
            (1) 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 pursuant to section 527 
        of the National Defense Authorization Act for Fiscal Year 2020 
        (Public Law 116-92; 10 U.S.C. 1552 note), 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 section.
            (2) Rule of 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 section 527 of the National Defense Authorization 
        Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 1552 
        note) for any period before the effective date of the change of 
        discharge characterization.

SEC. 4. HISTORICAL REVIEWS.

    (a) In General.--The Secretary of each military department shall 
ensure that oral historians of the department, in coordination with the 
chief of the personnel division for the military department concerned--
            (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, including any 
        use of ambiguous or misleading separation codes and 
        characterizations intended to disguise the discriminatory basis 
        of such members' discharge; 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.
    (b) Deadline for Completion.--Each Secretary of a military 
department shall ensure that the oral historians concerned complete the 
actions required by subsection (a) by not later than two years after 
the date of the enactment of this Act.
    (c) Uses of Information.--Information obtained through actions 
under subsection (a) shall be available to members described in that 
paragraph for pursuit by such members of a remedy under section 527 of 
the National Defense Authorization Act for Fiscal Year 2020 in 
accordance with regulations prescribed for such purpose by the 
Secretary of the military department concerned.
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