[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Page S7923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4413. Mr. PETERS (for himself, Mr. Tester, and Mr. Daines) 
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 appropriate place in title V, insert the following:

     SEC. ___. IMPROVING THE REVIEW OF DISCHARGES AND DISMISSALS.

       (a) Interagency Discharge Review Board Task Force.--Section 
     1553 of title 10, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(g)(1)(A) There is hereby established a task force on the 
     review of discharges and dismissals under this section.
       ``(B) The task force established by subparagraph (A) shall 
     be known as the `Interagency Discharge Review Board Task 
     Force' (in this subsection the `Task Force').
       ``(2) The Task Force shall be composed of the following:
       ``(A) The Assistant Secretary for Manpower and Reserve 
     Affairs of each military department.
       ``(B) The Secretary of Veterans Affairs.
       ``(C) The Assistant Secretary of Defense for Health 
     Affairs.
       ``(D) Such other persons as the Chairperson of the Task 
     Force considers appropriate.
       ``(3) The Chairperson of the Task Force shall be the Deputy 
     Under Secretary of Defense for Personnel and Readiness.
       ``(4)(A) The Task Force shall develop strategies to 
     increase the efficacy of reviews of discharges and dismissals 
     under this section.
       ``(B) In carrying out subparagraph (A), the Task Force 
     shall analyze the following:
       ``(i) The structures and processes used under this section 
     to review discharges and dismissals and how such structures 
     and processes vary across the military services.
       ``(ii) Outreach procedures of the Department of Defense for 
     members of the armed forces and veterans transitioning from 
     service in the armed forces to civilian life.
       ``(iii) Decision notification policies of the boards 
     established under this section.
       ``(iv) Department of Defense coordination protocols 
     regarding matters relating to reviews of discharges and 
     dismissals under this section with State veterans agencies, 
     the Department of Veterans Affairs, the Department of Housing 
     and Urban Development, the Department of Health and Human 
     Services, and veterans service organizations.
       ``(v) Such other measures as the Task Force determines may 
     be necessary to ensure continued modernization of the review 
     of discharges and dismissals under section 1553 of title 10, 
     United States Code.
       ``(5) In this subsection, the term `veterans service 
     organization' means an organization recognized by the 
     Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38.''.
       (b) Annual Reports.--Section 1553 of such title, as amended 
     by subsection (a), is further amended by adding at the end 
     the following new subsection:
       ``(h)(1) Not later than 90 days after the end of each 
     fiscal year, the task force established by subsection (g)(1) 
     shall submit to the appropriate committees of Congress a 
     report on the implementation of this section.
       ``(2) Each report submitted under paragraph (1) shall 
     include the following:
       ``(A) A summary of the activities undertaken by the task 
     force during the most recent fiscal year.
       ``(B) The number of motions or requests for review received 
     during the last fiscal year by a board established under this 
     section, disaggregated by military service.
       ``(C) The percentage of such motions and requests that 
     resulted in a correction to upgrade the characterization of 
     discharge or dismissal of a former member of the armed 
     forces.
       ``(D) The average amount of time between a submittal of a 
     motion or request described in subparagraph (A) and a final 
     decision of a board with respect to the motion or request.
       ``(3) In this subparagraph, the term `appropriate 
     committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.''.
       (c) Notice.--Section 1553 of such title, as amended by 
     subsections (a) and (b), is further amended by adding at the 
     end the following new subsection:
       ``(i) Notice.--Not later than 30 days after the date on 
     which a board established under this section reaches a final 
     decision with respect to correcting a discharge or dismissal 
     of a former member of the armed forces, the board shall 
     transmit to the Secretary of Veterans Affairs, the State 
     agency of the home of the former member (using the most 
     current contract information available to the Secretary of 
     Defense) that has a mission to serve veterans, any legal 
     professional representing the former member, and the former 
     member notice of such decision.''.
       (d) Preseparation Counseling.--Section 1142(b) of such 
     title is amended by adding at the end the following new 
     paragraph:
       ``(20) A description of the process for review under 
     section 1553 of this title.''.
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