[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5300 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5300
To direct the Secretary of Defense to establish a tiger team to perform
outreach regarding the process by which a member of the Armed Forces,
discharged on the basis of sexual orientation, may apply for review of
the characterization of such discharge.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2021
Mr. Pocan (for himself, Mrs. Beatty, Mr. Beyer, Mr. Blumenauer, Ms.
Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania,
Ms. Brownley, Mr. Carson, Mr. Castro of Texas, Mr. Cohen, Mr. Connolly,
Mr. Costa, Mr. Courtney, Ms. Davids of Kansas, Ms. DeGette, Ms.
DelBene, Mr. Deutch, Mr. Espaillat, Mr. Evans, Ms. Lois Frankel of
Florida, Mr. Garcia of Illinois, Mr. Grijalva, Mrs. Hayes, Mr. Higgins
of New York, Mr. Kahele, Ms. Kelly of Illinois, Mr. Kildee, Mr. Kilmer,
Mr. Langevin, Mr. Lawson of Florida, Ms. Lee of California, Ms.
Lofgren, Mr. Lowenthal, Mr. Lynch, Mrs. Carolyn B. Maloney of New York,
Mr. Sean Patrick Maloney of New York, Mr. McGovern, Ms. Meng, Mr.
Jones, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Ms. Newman,
Ms. Norton, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr.
Perlmutter, Mr. Peters, Ms. Pingree, Mr. Quigley, Mr. Raskin, Mr. Rush,
Mr. Ryan, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Mr. Schneider, Mr.
Sires, Ms. Slotkin, Mr. Soto, Mr. Takano, Ms. Titus, Mr. Tonko, Mr.
Veasey, Mrs. Watson Coleman, and Mr. Welch) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committee on Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to establish a tiger team to perform
outreach regarding the process by which a member of the Armed Forces,
discharged on the basis of sexual orientation, may apply for review of
the characterization of such discharge.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESTORING HONOR TO SERVICE 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) Tiger Team for Outreach to Former Members.--
(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) 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.
(f) 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.
(g) 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.
(h) 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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