[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3352 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3352

To provide for 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 for the review 
        of discharge characterizations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 28, 2023

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

_______________________________________________________________________

                                 A BILL


 
To provide for 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 for the review 
        of discharge characterizations, 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 
of 2023''.

SEC. 2. TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.

    (a) 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 individuals 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 such 
        personnel are assigned. The report shall specify the name of 
        the individual assigned as Tiger Team Leader.
    (b) 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 
                former section 654 or a similar policy prior to the 
                enactment of former section 654.
                    (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, 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.
    (c) 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 of Defense shall submit to Congress a 
        report on the reviews under paragraph (1). Such reports shall 
        include any comments or recommendations for continued actions.
    (d) Former Section 654 Defined.--In this section, the term ``former 
section 654'' means section 654 of title 10, United States Code, as in 
effect before such section was repealed pursuant to Public Law 111-321 
(10 U.S.C. 654 note).

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 the representative of the covered member but that 
        would have reasonably substantiated the discharge decision of 
        the military department.
    (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.
                                 <all>