[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7813-S7814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4280. Mr. SCHATZ (for himself, Ms. Ernst, Mr. Young, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of part II of subtitle B of title V, add the 
     following:

     SEC. 520B. 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.

[[Page S7814]]

       (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) Relief for Impacted Former Members.--
       (1) Review of discharge.--
       (A) 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.
       (B) 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 subparagraph (A) 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.
       (2) Veterans benefits.--
       (A) 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.
       (B) Rule of construction.--Nothing in this paragraph 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.
       (f) Historical Reviews.--
       (1) 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--
       (A) 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
       (B) 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.
       (2) Deadline for completion.--Each Secretary of a military 
     department shall ensure that the oral historians concerned 
     complete the actions required by paragraph (1) by not later 
     than two years after the date of the enactment of this Act.
       (3) Uses of information.--Information obtained through 
     actions under paragraph (1) 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.
       (g) 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).
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