II 

117TH CONGRESS 

1ST SESSION S. 2759 

To restore honor to certain previously discharged members of the Armed 

Forces. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2021 

Mr. SCHATZ (for himself, Ms. ERNST, and Mr. YOUNG) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To restore honor to certain previously discharged members 

of the Armed Forces. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restore Honor to Serv5 ice Members Act of 2021’’. 

6 SEC. 2. TIGER TEAM FOR OUTREACH TO FORMER MEM7 BERS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 


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1 (1) the mission of the Department of Defense 

2 is to provide the military forces needed to deter war 

3 and to protect the security of the United States; 

4 (2) expanding outreach to veterans impacted by 

5 Don’t Ask, Don’t Tell or a similar policy prior to the 

6 enactment of Don’t Ask, Don’t Tell is important to 

7 closing a period of history harmful to the creed of 

8 integrity, respect, and honor of the military; 

9 (3) the Department is responsible for providing 

10 for the review of a veteran’s military record before 

11 the appropriate discharge review board or, when 

12 more than 15 years has passed, board of correction 

13 for military or naval records; and 

14 (4) the Secretary of Defense should, wherever 

15 possible, coordinate and conduct outreach to im16 pacted veterans through the veterans community 

17 and networks, including through the Department of 

18 Veterans Affairs and veterans service organizations, 

19 to ensure that veterans understand the review proc20 esses that are available to them for upgrading mili21 tary records. 

22 (b) ESTABLISHMENT OF TIGER TEAM.— 

23 (1) IN GENERAL.—Not later than 60 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Defense shall establish a team (commonly known 


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1 as a ‘‘tiger team’’ and referred to in this section as 

2 the ‘‘Tiger Team’’) responsible for conducting out3 reach to build awareness among former members of 

4 the Armed Forces of the process established pursu5 ant to section 527 of the National Defense Author6 ization Act for Fiscal Year 2020 (Public Law 116– 

7 92; 10 U.S.C. 1552 note) for the review of discharge 

8 characterizations by appropriate discharge boards. 

9 The Tiger Team shall consist of appropriate per10 sonnel of the Department of Defense assigned to the 

11 Tiger Team by the Secretary for purposes of this 

12 section. 

13 (2) TIGER TEAM LEADER.—One of the persons 

14 assigned to the Tiger Team under paragraph (1) 

15 shall be a senior-level officer or employee of the De16 partment who shall serve as the lead official of the 

17 Tiger Team (in this section referred to as the ‘‘Tiger 

18 Team Leader’’) and who shall be accountable for the 

19 activities of the Tiger Team under this section. 

20 (3) REPORT ON COMPOSITION.—Not later than 

21 90 days after the date of the enactment of this Act, 

22 the Secretary shall submit to Congress a report set23 ting forth the names of the personnel of the Depart24 ment assigned to the Tiger Team pursuant to this 

25 subsection, including the positions to which assigned. 


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1 The report shall specify the name of the individual 

2 assigned as Tiger Team Leader. 

3 (c) DUTIES.— 

4 (1) IN GENERAL.—The Tiger Team shall con5 duct outreach to build awareness among veterans of 

6 the process established pursuant to section 527 of 

7 the National Defense Authorization Act for Fiscal 

8 Year 2020 for the review of discharge characteriza9 tions by appropriate discharge boards. 

10 (2) COLLABORATION.—In conducting activities 

11 under this subsection, the Tiger Team Leader shall 

12 identify appropriate external stakeholders with 

13 whom the Tiger Team shall work to carry out such 

14 activities. Such stakeholders shall include the fol15 lowing: 

16 (A) The Secretary of Veterans Affairs. 

17 (B) The Archivist of the United States. 

18 (C) Representatives of veterans service or19 ganizations. 

20 (D) Such other stakeholders as the Tiger 

21 Team Leader considers appropriate. 

22 (3) INITIAL REPORT.—Not later than 210 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to Congress the fol25 lowing: 


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1 (A) A plan setting forth the following: 

2 (i) A description of the manner in 

3 which the Secretary, working through the 

4 Tiger Team and in collaboration with ex5 ternal stakeholders described in paragraph 

6 (2), shall identify individuals who meet the 

7 criteria in section 527(b) of the National 

8 Defense Authorization Act for Fiscal Year 

9 2020 for review of discharge characteriza10 tion. 

11 (ii) A description of the manner in 

12 which the Secretary, working through the 

13 Tiger Team and in collaboration with the 

14 external stakeholders, shall improve out15 reach to individuals who meet the criteria 

16 in section 527(b) of the National Defense 

17 Authorization Act for Fiscal Year 2020 for 

18 review of discharge characterization, in19 cluding through— 

20 (I) obtaining contact information 

21 on such individuals; and 

22 (II) contacting such individuals 

23 on the process established pursuant to 

24 section 527 of the National Defense 

25 Authorization Act for Fiscal Year 


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1 2020 for the review of discharge char2 acterizations. 

3 (B) A description of the manner in which 

4 the work described in clauses (i) and (ii) of sub5 paragraph (A) will be carried out, including an 

6 allocation of the work among the Tiger Team 

7 and the external stakeholders. 

8 (C) A schedule for the implementation, 

9 carrying out, and completion of the plan re10 quired under subparagraph (A). 

11 (D) A description of the additional fund12 ing, personnel, or other resources of the De13 partment required to carry out the plan re14 quired under subparagraph (A), including any 

15 modification of applicable statutory or adminis16 trative authorities. 

17 (4) IMPLEMENTATION OF PLAN.— 

18 (A) IN GENERAL.—The Secretary shall im19 plement and carry out the plan submitted under 

20 subparagraph (A) of paragraph (3) in accord21 ance with the schedule submitted under sub22 paragraph (C) of that paragraph. 

23 (B) UPDATES.—Not less frequently than 

24 once every 90 days after the submittal of the 

25 report under paragraph (3), the Tiger Team 


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1 shall submit to Congress an update on the car2 rying out of the plan submitted under subpara3 graph (A) of that paragraph. 

4 (5) FINAL REPORT.—Not later than 3 years 

5 after the date of the enactment of this Act, the 

6 Tiger Team shall submit to the Committees on 

7 Armed Services of the Senate and the House of Rep8 resentatives a final report on the activities of the 

9 Tiger Team under this subsection. The report shall 

10 set forth the following: 

11 (A) The number of individuals discharged 

12 under Don’t Ask, Don’t Tell or a similar policy 

13 prior to the enactment of Don’t Ask, Don’t 

14 Tell. 

15 (B) The number of individuals described in 

16 subparagraph (A) who availed themselves of a 

17 review of discharge characterization (whether 

18 through discharge review or correction of mili19 tary records) through a process established 

20 prior to the enactment of this Act. 

21 (C) The number of individuals contacted 

22 through outreach conducted pursuant to this 

23 section. 

24 (D) The number of individuals described in 

25 subparagraph (A) who availed themselves of a 


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1 review of discharge characterization through the 

2 process established pursuant to section 527 of 

3 the National Defense Authorization Act for Fis4 cal Year 2020. 

5 (E) The number of individuals described in 

6 subparagraph (D) whose review of discharge 

7 characterization resulted in a change of charac8 terization to honorable discharge. 

9 (F) The total number of individuals de10 scribed in subparagraph (A), including individ11 uals also covered by subparagraph (E), whose 

12 review of discharge characterization since Sep13 tember 20, 2011 (the date of repeal of Don’t 

14 Ask, Don’t Tell), resulted in a change of char15 acterization to honorable discharge. 

16 (6) TERMINATION.—On the date that is 60 

17 days after the date on which the final report re18 quired by paragraph (5) is submitted, the Secretary 

19 shall terminate the Tiger Team. 

20 (d) ADDITIONAL REPORTS.— 

21 (1) REVIEW.—The Secretary of Defense shall 

22 conduct a review of the consistency and uniformity 

23 of the reviews conducted pursuant to section 527 of 

24 the National Defense Authorization Act for Fiscal 

25 Year 2020. 


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1 (2) REPORTS.—Not later than 270 days after 

2 the date of the enactment of this Act, and each year 

3 thereafter for a four-year period, the Secretary shall 

4 submit to Congress a report on the reviews under 

5 paragraph (1). Such reports shall include any com6 ments or recommendations for continued actions. 

7 (e) DON’T ASK, DON’T TELL DEFINED.—In this sec8 tion, the term ‘‘Don’t Ask, Don’t Tell’’ means section 654 

9 of title 10, United States Code, as in effect before such 

10 section was repealed pursuant to the Don’t Ask, Don’t 

11 Tell Repeal Act of 2010 (Public Law 111–321). 

12 SEC. 3. RELIEF FOR IMPACTED FORMER MEMBERS. 

13 (a) REVIEW OF DISCHARGE.— 

14 (1) IN GENERAL.—The Secretary of Defense 

15 shall review and update existing guidance to ensure 

16 that the appropriate discharge board for the military 

17 departments concerned shall review a discharge 

18 characterization of the covered member as required 

19 under section 527 of the National Defense Author20 ization Act for Fiscal Year 2020 at the request of 

21 a covered member, or their representative, notwith22 standing any requirements to provide documentation 

23 necessary to initiate a review of a discharge charac24 terization. 


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1 (2) EXCEPTION.—The appropriate discharge 

2 board for the military departments concerned shall 

3 not be required to initiate a request for a review of 

4 a discharge as described in paragraph (1) if there is 

5 evidence available to the discharge board that is un6 related to the material request of the covered mem7 ber or their representative but that would have rea8 sonably substantiated the military department’s dis9 charge decision. 

10 (b) VETERANS BENEFITS.— 

11 (1) EFFECTIVE DATE OF CHANGE OF CHARAC12 TERIZATION FOR VETERANS BENEFITS.—For pur13 poses of the provision of benefits to which veterans 

14 are entitled under the laws administered by the Sec15 retary of Veterans Affairs to a covered member 

16 whose discharge characterization is changed pursu17 ant to section 527 of the National Defense Author18 ization Act for Fiscal Year 2020 (Public Law 116– 

19 92; 10 U.S.C. 1552 note), the date of discharge of 

20 the member from the Armed Forces shall be deemed 

21 to be the effective date of the change of discharge 

22 characterization under that section. 

23 (2) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed to authorize any ben25 efit to a covered member in connection with the 


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1 change of discharge characterization of the member 

2 under section 527 of the National Defense Author3 ization Act for Fiscal Year 2020 (Public Law 116– 

4 92; 10 U.S.C. 1552 note) for any period before the 

5 effective date of the change of discharge character6 ization. 

7 SEC. 4. HISTORICAL REVIEWS. 

8 (a) IN GENERAL.—The Secretary of each military de9 partment shall ensure that oral historians of the depart10 ment, in coordination with the chief of the personnel divi11 sion for the military department concerned— 

12 (1) review the facts and circumstances sur13 rounding the estimated 100,000 members of the 

14 Armed Forces discharged from the Armed Forces 

15 between World War II and September 2011 because 

16 of the sexual orientation of the member, including 

17 any use of ambiguous or misleading separation codes 

18 and characterizations intended to disguise the dis19 criminatory basis of such members’ discharge; and 

20 (2) receive oral testimony of individuals who 

21 personally experienced discrimination and discharge 

22 because of the actual or perceived sexual orientation 

23 of the individual so that such testimony may serve 

24 as an official record of these discriminatory policies 

25 and their impact on American lives. 


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1 (b) DEADLINE FOR COMPLETION.—Each Secretary 

2 of a military department shall ensure that the oral histo3 rians concerned complete the actions required by sub4 section (a) by not later than two years after the date of 

5 the enactment of this Act. 

6 (c) USES OF INFORMATION.—Information obtained 

7 through actions under subsection (a) shall be available to 

8 members described in that paragraph for pursuit by such 

9 members of a remedy under section 527 of the National 

10 Defense Authorization Act for Fiscal Year 2020 in accord11 ance with regulations prescribed for such purpose by the 

12 Secretary of the military department concerned. 

Æ 


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