II 118THCONGRESS 1 STSESSION S. 3352 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 SENATE OF THE UNITED STATES NOVEMBER28, 2023 Mr. S CHATZ(for himself, Mrs. GILLIBRAND, Mr. YOUNG, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Armed Services 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 Author- ization Act for Fiscal Year 2020 for the review of dis- charge characterizations, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restore Honor to Serv-4 ice Members Act of 2023’’. 5 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 3352 IS SEC. 2. TIGER TEAM FOR OUTREACH TO FORMER MEM-1 BERS. 2 (a) E STABLISHMENT OF TIGERTEAM.— 3 (1) I N GENERAL.—Not later than 60 days after 4 the date of the enactment of this Act, the Secretary 5 of Defense shall establish a team (commonly known 6 as a ‘‘tiger team’’ and referred to in this section as 7 the ‘‘Tiger Team’’) responsible for conducting out-8 reach to build awareness among former members of 9 the Armed Forces of the process established pursu-10 ant to section 527 of the National Defense Author-11 ization Act for Fiscal Year 2020 (Public Law 116– 12 92; 10 U.S.C. 1552 note) for the review of discharge 13 characterizations by appropriate discharge boards. 14 The Tiger Team shall consist of appropriate per-15 sonnel of the Department of Defense assigned to the 16 Tiger Team by the Secretary for purposes of this 17 section. 18 (2) T IGER TEAM LEADER.—One of the individ-19 uals assigned to the Tiger Team under paragraph 20 (1) shall be a senior-level officer or employee of the 21 Department who shall serve as the lead official of 22 the Tiger Team (in this section referred to as the 23 ‘‘Tiger Team Leader’’) and who shall be accountable 24 for the activities of the Tiger Team under this sec-25 tion. 26 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 3352 IS (3) REPORT ON COMPOSITION .—Not later than 1 90 days after the date of the enactment of this Act, 2 the Secretary shall submit to Congress a report set-3 ting forth the names of the personnel of the Depart-4 ment assigned to the Tiger Team pursuant to this 5 subsection, including the positions to which such 6 personnel are assigned. The report shall specify the 7 name of the individual assigned as Tiger Team 8 Leader. 9 (b) D UTIES.— 10 (1) I N GENERAL.—The Tiger Team shall con-11 duct outreach to build awareness among veterans of 12 the process established pursuant to section 527 of 13 the National Defense Authorization Act for Fiscal 14 Year 2020 for the review of discharge characteriza-15 tions by appropriate discharge boards. 16 (2) C OLLABORATION.—In conducting activities 17 under this subsection, the Tiger Team Leader shall 18 identify appropriate external stakeholders with 19 whom the Tiger Team shall work to carry out such 20 activities. Such stakeholders shall include the fol-21 lowing: 22 (A) The Secretary of Veterans Affairs. 23 (B) The Archivist of the United States. 24 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 3352 IS (C) Representatives of veterans service or-1 ganizations. 2 (D) Such other stakeholders as the Tiger 3 Team Leader considers appropriate. 4 (3) I NITIAL REPORT.—Not later than 210 days 5 after the date of the enactment of this Act, the Sec-6 retary of Defense shall submit to Congress the fol-7 lowing: 8 (A) A plan setting forth the following: 9 (i) A description of the manner in 10 which the Secretary, working through the 11 Tiger Team and in collaboration with ex-12 ternal stakeholders described in paragraph 13 (2), shall identify individuals who meet the 14 criteria in section 527(b) of the National 15 Defense Authorization Act for Fiscal Year 16 2020 for review of discharge characteriza-17 tion. 18 (ii) A description of the manner in 19 which the Secretary, working through the 20 Tiger Team and in collaboration with the 21 external stakeholders, shall improve out-22 reach to individuals who meet the criteria 23 in section 527(b) of the National Defense 24 Authorization Act for Fiscal Year 2020 for 25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 3352 IS review of discharge characterization, in-1 cluding through— 2 (I) obtaining contact information 3 on such individuals; and 4 (II) contacting such individuals 5 on the process established pursuant to 6 section 527 of the National Defense 7 Authorization Act for Fiscal Year 8 2020 for the review of discharge char-9 acterizations. 10 (B) A description of the manner in which 11 the work described in clauses (i) and (ii) of sub-12 paragraph (A) will be carried out, including an 13 allocation of the work among the Tiger Team 14 and the external stakeholders. 15 (C) A schedule for the implementation, 16 carrying out, and completion of the plan re-17 quired under subparagraph (A). 18 (D) A description of the additional fund-19 ing, personnel, or other resources of the De-20 partment required to carry out the plan re-21 quired under subparagraph (A), including any 22 modification of applicable statutory or adminis-23 trative authorities. 24 (4) I MPLEMENTATION OF PLAN .— 25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 3352 IS (A) IN GENERAL.—The Secretary shall im-1 plement and carry out the plan submitted under 2 subparagraph (A) of paragraph (3) in accord-3 ance with the schedule submitted under sub-4 paragraph (C) of that paragraph. 5 (B) U PDATES.—Not less frequently than 6 once every 90 days after the submittal of the 7 report under paragraph (3), the Tiger Team 8 shall submit to Congress an update on the car-9 rying out of the plan submitted under subpara-10 graph (A) of that paragraph. 11 (5) F INAL REPORT.—Not later than 3 years 12 after the date of the enactment of this Act, the 13 Tiger Team shall submit to the Committees on 14 Armed Services of the Senate and the House of Rep-15 resentatives a final report on the activities of the 16 Tiger Team under this subsection. The report shall 17 set forth the following: 18 (A) The number of individuals discharged 19 under former section 654 or a similar policy 20 prior to the enactment of former section 654. 21 (B) The number of individuals described in 22 subparagraph (A) who availed themselves of a 23 review of discharge characterization (whether 24 through discharge review or correction of mili-25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 3352 IS tary records) through a process established 1 prior to the enactment of this Act. 2 (C) The number of individuals contacted 3 through outreach conducted pursuant to this 4 section. 5 (D) The number of individuals described in 6 subparagraph (A) who availed themselves of a 7 review of discharge characterization through the 8 process established pursuant to section 527 of 9 the National Defense Authorization Act for Fis-10 cal Year 2020. 11 (E) The number of individuals described in 12 subparagraph (D) whose review of discharge 13 characterization resulted in a change of charac-14 terization to honorable discharge. 15 (F) The total number of individuals de-16 scribed in subparagraph (A), including individ-17 uals also covered by subparagraph (E), whose 18 review of discharge characterization since Sep-19 tember 20, 2011, resulted in a change of char-20 acterization to honorable discharge. 21 (6) T ERMINATION.—On the date that is 60 22 days after the date on which the final report re-23 quired by paragraph (5) is submitted, the Secretary 24 shall terminate the Tiger Team. 25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 3352 IS (c) ADDITIONALREPORTS.— 1 (1) R EVIEW.—The Secretary of Defense shall 2 conduct a review of the consistency and uniformity 3 of the reviews conducted pursuant to section 527 of 4 the National Defense Authorization Act for Fiscal 5 Year 2020. 6 (2) R EPORTS.—Not later than 270 days after 7 the date of the enactment of this Act, and each year 8 thereafter for a four-year period, the Secretary of 9 Defense shall submit to Congress a report on the re-10 views under paragraph (1). Such reports shall in-11 clude any comments or recommendations for contin-12 ued actions. 13 (d) F ORMERSECTION654 DEFINED.—In this sec-14 tion, the term ‘‘former section 654’’ means section 654 15 of title 10, United States Code, as in effect before such 16 section was repealed pursuant to Public Law 111–321 (10 17 U.S.C. 654 note). 18 SEC. 3. RELIEF FOR IMPACTED FORMER MEMBERS. 19 (a) R EVIEW OFDISCHARGE.— 20 (1) I N GENERAL.—The Secretary of Defense 21 shall review and update existing guidance to ensure 22 that the appropriate discharge board for the military 23 departments concerned shall review a discharge 24 characterization of the covered member as required 25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 3352 IS under section 527 of the National Defense Author-1 ization Act for Fiscal Year 2020 at the request of 2 a covered member, or their representative, notwith-3 standing any requirements to provide documentation 4 necessary to initiate a review of a discharge charac-5 terization. 6 (2) E XCEPTION.—The appropriate discharge 7 board for the military departments concerned shall 8 not be required to initiate a request for a review of 9 a discharge as described in paragraph (1) if there is 10 evidence available to the discharge board that is un-11 related to the material request of the covered mem-12 ber or the representative of the covered member but 13 that would have reasonably substantiated the dis-14 charge decision of the military department. 15 (b) V ETERANSBENEFITS.— 16 (1) E FFECTIVE DATE OF CHANGE OF CHARAC -17 TERIZATION FOR VETERANS BENEFITS .—For pur-18 poses of the provision of benefits to which veterans 19 are entitled under the laws administered by the Sec-20 retary of Veterans Affairs to a covered member 21 whose discharge characterization is changed pursu-22 ant to section 527 of the National Defense Author-23 ization Act for Fiscal Year 2020 (Public Law 116– 24 92; 10 U.S.C. 1552 note), the date of discharge of 25 VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 3352 IS the member from the Armed Forces shall be deemed 1 to be the effective date of the change of discharge 2 characterization under that section. 3 (2) R ULE OF CONSTRUCTION .—Nothing in this 4 subsection shall be construed to authorize any ben-5 efit to a covered member in connection with the 6 change of discharge characterization of the member 7 under section 527 of the National Defense Author-8 ization Act for Fiscal Year 2020 (Public Law 116– 9 92; 10 U.S.C. 1552 note) for any period before the 10 effective date of the change of discharge character-11 ization. 12 Æ VerDate Sep 11 2014 03:09 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S3352.IS S3352 kjohnson on DSK7ZCZBW3PROD with $$_JOB