S.Amdt. 4280

SA 4280. Mr. SCHATZ (for himself, Ms. Ernst, Mr. Young, and Mrs.
Gillibrand) submitted an amendment intended to be proposed to amendment
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill
H.R. 4350, to authorize appropriations for fiscal year 2022 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle B of title V, add the
following:

SEC. 520B. TIGER TEAM FOR OUTREACH TO FORMER 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) 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 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.

[[Page S7814]]

(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) Relief for Impacted Former Members.--
(1) Review of discharge.--
(A) 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.
(B) 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 subparagraph (A) 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.
(2) Veterans benefits.--
(A) 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.
(B) Rule of construction.--Nothing in this paragraph 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.
(f) 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.
(g) 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).
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