[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6470 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6470
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 HOUSE OF REPRESENTATIVES
November 21, 2023
Mr. Pocan (for himself and Mr. Takano) 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 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.
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