[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5755-S5756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6232. Mr. SCHATZ (for himself, Mr. Young, and Mrs. Gillibrand)
submitted an amendment intended to be proposed to amendment SA 5499
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be
proposed to the bill H.R. 7900, to authorize appropriations for fiscal
year 2023 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 title V, insert the following:
Subtitle H--Restoring Honor to Service Members
SEC. 591. SHORT TITLE.
This subtitle may be cited as the ``Restore Honor to
Service Members Act of 2022''.
SEC. 592. 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 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 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
[[Page S5756]]
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. 593. 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.
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