Title: 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.
Policy area: Armed Forces and National Security

Summary:
This bill requires the Department of Defense (DOD) to conduct outreach to build awareness among former members of the Armed Forces of the process established for the review of discharge characterizations related to sexual orientation (i.e., on the basis of Don't Ask, Don't Tell or a similar policy). DOD must also provide for specified relief for former members of the Armed Forces who were impacted by the discharge characterizations and ensure that DOD oral historians review related facts and receive testimony from affected individuals.

[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).
                                 <all>