118 HR 6470 IH: Restore Honor to Service Members Act of 2023
U.S. House of Representatives
2023-11-21
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EN
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I
118th CONGRESS
1st Session
H. R. 6470
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.
1.

Short title
This Act may be cited as the “Restore Honor to Service Members Act of 2023”.
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).
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.