,i #aafth ,,congress #ast ,session ,h4 ,r4 #ceag ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjai,mr4 ,pocan 7for himself1 ,ms4 ,hill of ,california1 ,mr4 ,beyer1 ,mr4 ,pappas1 ,ms4 ,lee of ,california1 ,ms4 ,kelly of ,illinois1 ,mr4 ,deutch1 ,ms4 ,titus1 ,ms4 ,mc,collum1 ,mr4 ,grijalva1 ,mr4 ,tonko1 ,mrs4 ,murphy1 ,mr4 ,pallone1 ,mr4 ,cohen1 ,mr4 ,aguilar1 ,ms4 ,brownley of ,california1 ,mr4 ,himes1 ,mr4 ,lowenthal1 ,ms4 ,scanlon1 ,mr4 ,peters1 ,mrs4 ,watson ,coleman1 ,mr4 ,crdenas1 ,ms4 ,schakowsky1 ,mr4 ,welch1 ,mr4 ,soto1 ,mr4 ,mc,govern1 ,mr4 ,cicilline1 ,mr4 ,schneider1 ,ms4 ,moore1 ,ms4 ,del,bene1 ,mr4 ,yarmuth1 ,ms4 ,frankel1 ,mr4 ,higgins of ,new ,york1 ,mr4 ,panetta1 ,mr4 ,lynch1 ,mr4 ,rush1 ,miss ,rice of ,new ,york1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,serrano1 ,mr4 ,gallego1 ,ms4 ,norton1 ,ms4 ,meng1 ,mr4 ,kind1 ,mr4 ,de,saulnier1 ,mr4 ,kilmer1 ,mr4 ,swalwell of ,california1 ,mr4 ,perlmutter1 ,ms4 ,haaland1 ,ms4 ,blunt ,rochester1 ,mr4 ,ryan1 ,mr4 ,lipinski1 ,ms4 ,wasserman ,schultz1 ,mr4 ,khanna1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,kennedy1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,ms4 ,eshoo1 ,mr4 ,raskin1 ,mrs4 ,napolitano1 ,mr4 ,takano1 ,ms4 ,snchez1 ,mr4 ,foster1 ,ms4 ,bonamici1 ,mr4 ,lawson of ,florida1 ,mr4 ,blumenauer1 ,mr4 ,schrader1 ,mr4 ,brown of ,maryland1 ,mr4 ,garca of ,illinois1 ,mr4 ,moulton1 ,mr4 ,case1 ,mr4 ,heck1 ,ms4 ,jackson ,lee1 ,mrs4 ,beatty1 ,mr4 ,morelle1 ,ms4 ,roybal-,allard1 ,mr4 ,schiff1 ,ms4 ,wild1 ,mr4 ,espaillat1 ,mr4 ,huffman1 ,mr4 ,kildee1 ,mr4 ,cox of ,california1 ,ms4 ,omar1 ,ms4 ,stevens1 ,mr4 ,crist1 ,ms4 ,escobar1 ,mr4 ,veasey1 ,ms4 ,bass1 ,ms4 ,porter1 ,mr4 ,langevin1 ,ms4 ,pressley1 ,mr4 ,connolly1 ,ms4 ,lofgren1 ,mr4 ,rose of ,new ,york1 ,ms4 ,castor of ,florida1 ,ms4 ,sherrill1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,ms4 ,slotkin1 ,mr4 ,sarbanes1 ,mrs4 ,torres of ,california1 ,mr4 ,stanton1 and ,ms4 ,torres ,small of ,new ,mexico7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committee on ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 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 review the discharge characterization of former members of the ,armed ,forces who were discharged by reason of the sexual orientation of the member1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restore ,honor to ,service ,members ,act4 #b4 ,review of discharge characterization 7a7 ,in general ,in accordance with this section1 the appropriate discharge boards-- 7#a7 shall review the discharge characterization of covered members at the request of the covered member2 and 7#b7 if such characterization is any characterization except honorable1 may change such characterization to honorable4 7b7 ,criteria ,in changing the discharge characterization of a covered member to honorable under subsection 7a77#b71 the ,secretary of ,defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria3 7#a7 ,the original discharge must be based on ,don't ,ask ,don't ,tell 7in this ,act referred to as ,,dadt7 or a similar policy in place prior to the enactment of ,,dadt4 7#b7 ,such discharge characterization shall be so changed if1 with respect to the original discharge1 there were no aggravating circumstances1 such as misconduct1 that would have independently led to a discharge characterization that was any characterization except honorable4 ,for purposes of this paragraph1 such aggravating circumstances may not include-- 7,a7 an offense under section #ibe of title #aj1 ,united ,states ,code 7article #abe of the ,uniform ,code of ,military ,justice71 committed by a covered member against a person of the same sex with the consent of such person2 or 7,b7 statements1 consensual sexual conduct1 or consensual acts relating to sexual orientation or identity1 or the disclosure of such statements1 conduct1 or acts1 that were prohibited at the time of discharge but after the date of such discharge became permitted4 7#c7 ,when requesting a review1 a covered member1 or the member's representative1 shall be required to provide either-- 7,a7 documents consisting of-- 7i7 a copy of the ,,dd-#bad form of the member2 7ii7 a personal affidavit of the circumstances surrounding the discharge2 and 7iii7 any relevant records pertaining to the discharge2 or 7,b7 an affidavit certifying that the member1 or the member's representative1 does not have the documents specified in subparagraph 7,a74 7#d7 ,if a covered member provides an affidavit described in subparagraph 7,b7 of paragraph 7#c7-- 7,a7 the appropriate discharge board shall make every effort to locate the documents specified in subparagraph 7,a7 of such paragraph within the records of the ,department of ,defense2 and 7,b7 the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection 7a77#b74 7c7 ,request for review ,the appropriate discharge board shall ensure the mechanism by which covered members1 or their representative1 may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward4 7d7 ,review 7#a7 ,in general ,after a request has been made under subsection 7c71 the appropriate discharge board shall review all relevant laws1 records of oral testimony previously taken1 service records1 or any other relevant information regarding the discharge characterization of the covered member4 7#b7 ,additional materials ,if additional materials are necessary for the review1 the appropriate discharge board-- 7,a7 may request additional information from the covered member or the member's representative1 in writing1 and specifically detailing what is being requested2 and 7,b7 shall be responsible for obtaining a copy of the necessary files of the covered member from the member1 or when applicable1 from the ,department of ,defense4 7e7 ,change of characterization ,the appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection 7d7 pursuant to the criteria under subsection 7b74 ,a covered member1 or the member's representative1 may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board4 7f7 ,change of records ,for each covered member whose discharge characterization is changed under subsection 7e71 or for each covered member who was honorably discharged but whose ,,dd-#bad form reflects the sexual orientation of the member1 the ,secretary of ,defense shall reissue to the member or the member's representative a revised ,,dd-#bad form that reflects the following3 7#a7 ,for each covered member discharged1 the ,separation ,code1 ,reentry ,code1 ,narrative ,code1 and ,separation ,authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority4 ,any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph4 7#b7 ,for each covered member whose discharge occurred prior to the creation of general secretarial authority1 the sections of the ,,dd-#bad form referred to paragraph 7#a7 shall be changed to similarly reflect a universal authority with codes1 authorities1 and language applicable at the time of discharge4 7g7 ,status 7#a7 ,in general ,each covered member whose discharge characterization is changed under subsection 7e7 shall be treated without regard to the original discharge characterization of the member1 including for purposes of-- 7,a7 benefits provided by the ,federal ,government to an individual by reason of service in the ,armed ,forces2 and 7,b7 all recognitions and honors that the ,secretary of ,defense provides to members of the ,armed ,forces4 7#b7 ,reinstatement ,in carrying out paragraph 7#a77;,b71 the ,secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection 7e7 that the ,secretary withheld because of the original discharge characterization of the member4 7#c7 ,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 under subsection 7e71 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 subsection4 7#d7 ,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 subsection 7e7 for any period before the effective date of the change of discharge characterization4 7h7 ,definitions ,in this section3 7#a7 ,the term appropriate discharge board means the boards for correction of military records under section #aeeb of title #aj1 ,united ,states ,code1 or the discharge review boards under section #aeec of such title1 as the case may be4 7#b7 ,the term covered member means any former member of the ,armed ,forces who was discharged from the ,armed ,forces because of the sexual orientation of the member4 7#c7 ,the term discharge characterization means the characterization under which a member of the ,armed ,forces is discharged or released1 including dishonorable1 general1 other than honorable1 and honorable4 7#d7 ,the term ,don't ,ask ,don't ,tell means section #fed of title #aj1 ,united ,states ,code1 as in effect before such section was repealed pursuant to the ,don't ,ask1 ,don't ,tell ,repeal ,act of #bjaj 7,public ,law #aaa-cba74 7#e7 ,the term representative means the surviving spouse1 next of kin1 or legal representative of a covered member4 #c4 ,tiger ,team for outreach to former members 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 ,states2 7#b7 expanding outreach to veterans impacted by ,,dadt or a similar policy prior to the enactment of ,,dadt is important to closing a period of history harmful to the creed of integrity1 respect1 and honor of the military2 7#c7 the ,department is responsible for providing for the review of a veteran's military record before the appropriate discharge review board or1 when more than #ae years has passed1 board of correction for military or naval records2 and 7#d7 the ,secretary of ,defense should1 wherever possible1 coordinate and conduct outreach to impacted veterans through the veterans community and networks1 including through the ,department of ,veterans ,affairs and veterans service organizations1 to ensure that veterans understand the review processes that are available to them for upgrading military records4 7b7 ,tiger ,team 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall establish a team 7commonly known as a tiger team and referred to in this section as the ,tiger ,team7 responsible for conducting outreach to build awareness among former members of the ,armed ,forces of the process established pursuant to section #b for the review of discharge characterizations by appropriate discharge boards4 ,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 section4 7#b7 ,tiger ,team leader ,one of the persons assigned to the ,tiger ,team under paragraph 7#a7 shall be a senior-level officer or employee of the ,department who shall serve as the lead official of the ,tiger ,team 7in this section referred to as the ,tiger ,team ,leader7 and who shall be accountable for the activities of the ,tiger ,team under this section4 7#c7 ,report on composition ,not later than #fj days after the date of the enactment of this ,act1 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 subsection1 including the positions to which assigned4 ,the report shall specify the name of the individual assigned as ,tiger ,team ,leader4 7c7 ,duties 7#a7 ,in general ,the ,tiger ,team shall conduct outreach to build awareness among veterans of the process established pursuant to section #b for the review of discharge characterizations by appropriate discharge boards4 7#b7 ,collaboration ,in conducting activities under this subsection1 the ,tiger ,team ,leader shall identify appropriate external stakeholders with whom the ,tiger ,team shall work to carry out such activities4 ,such stakeholders shall include the following3 7,a7 ,the ,secretary of ,veterans ,affairs4 7,b7 ,the ,archivist of the ,united ,states4 7,c7 ,representatives of veterans service organizations4 7,d7 ,such other stakeholders as the ,tiger ,team ,leader considers appropriate4 7#c7 ,initial report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to ,congress the following3 7,a7 ,a plan setting forth the following3 7i7 ,a description of the manner in which the ,secretary1 working through the ,tiger ,team and in collaboration with external stakeholders described in paragraph 7#b71 shall identify individuals who meet the criteria in section #b7;b7 for review of discharge characterization4 7ii7 ,a description of the manner in which the ,secretary1 working through the ,tiger ,team and in collaboration with the external stakeholders1 shall improve outreach to individuals who meet the criteria in section #b7;b7 for review of discharge characterization1 including through-- 7,i7 obtaining contact information on such individuals2 and 7,,ii7 contacting such individuals on the process established pursuant to section #b for the review of discharge characterizations4 7,b7 ,a description of the manner in which the work described in clauses 7i7 and 7ii7 of subparagraph 7,a7 will be carried out1 including an allocation of the work among the ,tiger ,team and the external stakeholders4 7,c7 ,a schedule for the implementation1 carrying out1 and completion of the plan required under subparagraph 7,a74 7,d7 ,a description of the additional funding1 personnel1 or other resources of the ,department required to carry out the plan required under subparagraph 7,a71 including any modification of applicable statutory or administrative authorities4 7#d7 ,implementation of plan 7,a7 ,in general ,the ,secretary shall implement and carry out the plan submitted under subparagraph 7,a7 of paragraph 7#c7 in accordance with the schedule submitted under subparagraph 7,c7 of that paragraph4 7,b7 ,updates ,not less frequently than once every #ij days after the submittal of the report under paragraph 7#c71 the ,tiger ,team shall submit to ,congress an update on the carrying out of the plan submitted under subparagraph 7,a7 of that paragraph4 7#e7 ,final report ,not later than #c years after the date of the enactment of this ,act1 the ,tiger ,team shall submit to the appropriate committees of ,congress a final report on the activities of the ,tiger ,team under this subsection4 ,the report shall set forth the following3 7,a7 ,the number of individuals discharged under ,,dadt or a similar policy prior to the enactment of ,,dadt4 7,b7 ,the number of individuals described in subparagraph 7,a7 who availed themselves of a review of discharge characterization 7whether through discharge review or correction of military records7 through a process established prior to the enactment of this ,act4 7,c7 ,the number of individuals contacted through outreach conducted pursuant to this section4 7,d7 ,the number of individuals described in subparagraph 7,a7 who availed themselves of a review of discharge characterization through the process established pursuant to section #b4 7,e7 ,the number of individuals described in subparagraph 7,d7 whose review of discharge characterization resulted in a change of characterization to honorable discharge4 7,f7 ,the total number of individuals described in subparagraph 7,a71 including individuals also covered by subparagraph 7,e71 whose review of discharge characterization since ,september #bj1 #bjaa 7the date of repeal of ,,dadt71 resulted in a change of characterization to honorable discharge4 7#f7 ,appropriate committees of ,congress defined ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,armed ,services of the ,house of ,representatives4 7d7 ,termination ,on the date that is #fj days after the date on which the final report required by paragraph 7#e7 is submitted1 the ,secretary shall terminate the ,tiger ,team4 #d4 ,reports 7a7 ,review ,the ,secretary of ,defense shall conduct a review of the consistency and uniformity of the reviews conducted under section #b4 7b7 ,reports ,not later than #bgj days after the date of the enactment of this ,act1 and each year thereafter for a four-year period1 the ,secretary shall submit to ,congress a report on the reviews under subsection 7a74 ,such reports shall include any comments or recommendations for continued actions4 #e4 ,historical review ,the ,secretary of each military department shall ensure that oral historians of the department-- 7#a7 review the facts and circumstances surrounding the estimated #ajj1jjj members of the ,armed ,forces discharged from the ,armed ,forces between ,world ,war ,,ii and ,september #bjaa because of the sexual orientation of the member2 and 7#b7 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 lives4