S.Amdt. 4413

SA 4413. Mr. PETERS (for himself, Mr. Tester, and Mr. Daines)
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 appropriate place in title V, insert the following:

SEC. ___. IMPROVING THE REVIEW OF DISCHARGES AND DISMISSALS.

(a) Interagency Discharge Review Board Task Force.--Section
1553 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(g)(1)(A) There is hereby established a task force on the
review of discharges and dismissals under this section.
``(B) The task force established by subparagraph (A) shall
be known as the `Interagency Discharge Review Board Task
Force' (in this subsection the `Task Force').
``(2) The Task Force shall be composed of the following:
``(A) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
``(B) The Secretary of Veterans Affairs.
``(C) The Assistant Secretary of Defense for Health
Affairs.
``(D) Such other persons as the Chairperson of the Task
Force considers appropriate.
``(3) The Chairperson of the Task Force shall be the Deputy
Under Secretary of Defense for Personnel and Readiness.
``(4)(A) The Task Force shall develop strategies to
increase the efficacy of reviews of discharges and dismissals
under this section.
``(B) In carrying out subparagraph (A), the Task Force
shall analyze the following:
``(i) The structures and processes used under this section
to review discharges and dismissals and how such structures
and processes vary across the military services.
``(ii) Outreach procedures of the Department of Defense for
members of the armed forces and veterans transitioning from
service in the armed forces to civilian life.
``(iii) Decision notification policies of the boards
established under this section.
``(iv) Department of Defense coordination protocols
regarding matters relating to reviews of discharges and
dismissals under this section with State veterans agencies,
the Department of Veterans Affairs, the Department of Housing
and Urban Development, the Department of Health and Human
Services, and veterans service organizations.
``(v) Such other measures as the Task Force determines may
be necessary to ensure continued modernization of the review
of discharges and dismissals under section 1553 of title 10,
United States Code.
``(5) In this subsection, the term `veterans service
organization' means an organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38.''.
(b) Annual Reports.--Section 1553 of such title, as amended
by subsection (a), is further amended by adding at the end
the following new subsection:
``(h)(1) Not later than 90 days after the end of each
fiscal year, the task force established by subsection (g)(1)
shall submit to the appropriate committees of Congress a
report on the implementation of this section.
``(2) Each report submitted under paragraph (1) shall
include the following:
``(A) A summary of the activities undertaken by the task
force during the most recent fiscal year.
``(B) The number of motions or requests for review received
during the last fiscal year by a board established under this
section, disaggregated by military service.
``(C) The percentage of such motions and requests that
resulted in a correction to upgrade the characterization of
discharge or dismissal of a former member of the armed
forces.
``(D) The average amount of time between a submittal of a
motion or request described in subparagraph (A) and a final
decision of a board with respect to the motion or request.
``(3) In this subparagraph, the term `appropriate
committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.''.
(c) Notice.--Section 1553 of such title, as amended by
subsections (a) and (b), is further amended by adding at the
end the following new subsection:
``(i) Notice.--Not later than 30 days after the date on
which a board established under this section reaches a final
decision with respect to correcting a discharge or dismissal
of a former member of the armed forces, the board shall
transmit to the Secretary of Veterans Affairs, the State
agency of the home of the former member (using the most
current contract information available to the Secretary of
Defense) that has a mission to serve veterans, any legal
professional representing the former member, and the former
member notice of such decision.''.
(d) Preseparation Counseling.--Section 1142(b) of such
title is amended by adding at the end the following new
paragraph:
``(20) A description of the process for review under
section 1553 of this title.''.
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