,,ii #aaith ,,congress #b;d ,session ,s4 #ecjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,ms4 ,duckworth 7for herself1 ,mrs4 ,shaheen1 ,mr4 ,peters1 ,mr4 ,hickenlooper1 ,ms4 ,hirono1 ,mr4 ,van ,hollen1 ,mr4 ,merkley1 ,mr4 ,bennet1 ,mr4 ,gallego1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,ms4 ,warren1 ,mr4 ,kelly1 ,mr4 ,kim1 ,ms4 ,alsobrooks1 ,mr4 ,fetterman1 ,mr4 ,schatz1 and ,ms4 ,rosen7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to ensure the transparency and integrity of casualty accounting and benefits and awards for military and civilian personnel during military operations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,honoring the ,sacrifice of ,troops in ,war ,act of #bjbf4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 every member of the ,armed ,forces who dies or is wounded in hostilities is entitled to be counted1 by name and in number1 in the casualty records of the operation in which the member served2 7#b7 the ,united ,states ,government owes to the fallen1 to their families1 and to history a complete1 honest1 and permanent accounting of every member of the ,armed ,forces killed or wounded in the service of the ,nation1 and no administrative reclassification may be permitted to obscure the human cost of war2 7#c7 accurate and complete casualty statistics are essential to the accountability of the executive branch to the ,american people and to the exercise by ,congress of its constitutional powers to declare war1 to raise and support ,armies1 to provide and maintain a ,navy1 and to appropriate funds2 7#d7 no reporting category1 accounting methodology1 or assertion that hostilities have ceased may be used to conceal from ,congress or the ,american people the human cost of the military operations of the ,united ,states2 and 7#e7 no false assertion that hostilities have ceased nor arbitrary termination of the designation of an active contingency operation may be used to deny servicemembers1 their families1 or ,department of ,defense civilian employees the benefits and awards they are due for their support to active military operations4 #c4 ,contingency operation defined ,in this ,act1 the term contingency operation has the meaning given the term in section #aja7;a77#ac7 of title #aj1 ,united ,states ,code1 as amended by section #d of this ,act4 #d4 ,integrity of time periods of contingency operations ,section #aja7;a77#ac7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 by striking ,the term and inserting 7,a7 ,the term2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 ,the ,secretary of ,defense may not redesignate1 rename1 or reclassify an ongoing designated contingency operation if the facts and circumstances on the ground at the time and place of the potential reclassification meets the criteria of subparagraph 7,a77ii7 and involve members of the ,armed ,forces involved in military actions1 operations1 or hostilities against the same enemy of the ,united ,states or opposing military force against which the original operation was conducted1 including during or following an announced ceasefire1 diplomatic negotiation1 or change in operational phase4 4 #e4 ,integrity of casualty records and statistics 7a7 ,in general ,subchapter ,i of chapter #ge of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #adgb4 ,casualty records and casualty statistics3 integrity2 prohibition on manipulative reclassification 7a7 ,public record and proper attribution of casualties 7#a7 ,the ,secretary of ,defense shall publish and update as frequently as practicable statistics about covered casualties and shall ensure that each covered casualty is attributed1 in each casualty record and in each publication of casualty statistics of the ,department of ,defense 7including the ,defense ,casualty ,analysis ,system71 to each specific military operation in support of which the member of the ,armed ,forces or civilian official concerned was serving at the time of the casualty4 7#b7 ,except as provided in subsection 7b77#b71 a covered casualty attributed to a designated military operation shall remain so attributed in the casualty records and cumulative casualty statistics of the ,department of ,defense4 ,the establishment of a successor or additional designated military operation1 or of any new or revised reporting category1 shall not operate to remove1 transfer1 or reduce any attribution previously made4 7b7 ,prohibition on manipulative reclassification 7#a7 ,except as provided in paragraph 7#b71 the ,secretary of ,defense may not direct any component of the ,department of ,defense to modify a casualty record1 reclassify a covered casualty1 or change the casualty status or operation attribution of a covered casualty1 or restart1 reset1 or rebase any cumulative count of casualties if the basis for doing so is a redesignation1 renaming1 or reclassification of an ongoing designated contingency operation that-- 7,a7 meets the criteria of section #aja7;a77#ac77;,b7 of this title2 and 7,b7 involves members of the ,armed ,forces in military actions1 operations1 or hostilities against the same enemy of the ,united ,states or opposing military force against which the original operation was conducted1 including during or following periods of an announced ceasefire1 diplomatic negotiation1 or change in operational phase4 7#b7 ,paragraph 7#a7 does not apply to a modification of a casualty record that-- 7,a7 corrects a demonstrable error of fact concerning the individual casualty1 including an error as to the identity1 unit1 duty status1 location1 or cause of death or injury of the member concerned2 7,b7 is documented in writing1 including the specific facts establishing the error2 and 7,c7 is not based1 in whole or in part1 on a change in policy1 methodology1 or the structure or presentation of reporting categories1 or on any assertion described in subsection 7c74 7c7 ,asserted cessation of hostilities ,a covered casualty may not be excluded from attribution to a designated military operation1 and may not be removed or transferred from such an attribution1 on the basis of any assertion1 determination1 announcement1 or agreement1 whether by the ,president1 the ,secretary of ,defense1 any other officer or employee of the ,united ,states1 or a foreign government1 that hostilities associated with the operation have ceased1 concluded1 paused1 or diminished1 if the facts and circumstances on the ground at the time and place of the potential reclassification met the criteria of section #aja7;a77#ac77;,b7 of this title and involve members of the ,armed ,forces in military actions1 operations1 or hostilities against the same enemy of the ,united ,states or opposing military force against which the original operation was conducted4 7d7 ,definitions ,in this section3 7#a7 ,covered casualty ,the term covered casualty means1 with respect to a member of the ,armed ,forces-- 7,a7 the death of the member while serving on active duty1 or while serving in support of1 or in the area of operations of1 a designated military operation2 or 7,b7 a wound or injury of the member incurred in combat operations in the circumstances described in subparagraph 7,a74 7#b7 ,casualty record ,the term casualty record means any record of the ,department of ,defense documenting the death of a member of the ,armed ,forces or civilian official1 or a wound or injury of such an individual1 including any record in the ,defense ,casualty ,analysis ,system or any individual casualty report4 7#c7 ,designated military operation ,the term designated military operation means a military operation to which the ,secretary of ,defense or the commander of a command has officially designated a contingency operation under the conditions of section #aja7;a77#ac7 of this title4 4 7b7 ,subchapter heading ,the heading of subchapter ,i of chapter #ge of title #aj1 ,united ,states ,code1 is amended to read as follows3 ,,subchapter ,i--,death investigations and casualty records4 #f4 ,restoration of casualty records relating to ,operation ,epic ,fury 7a7 ,restoration ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,defense shall restore all casualty records and casualty statistics by the ,department of ,defense modified since ,february #bh1 #bjbf1 to comply with section #adgb of title #aj1 ,united ,states ,code1 as added by section #e of this ,act4 7b7 ,notice to next of kin ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall provide to the primary next of kin of each deceased or wounded member of the ,armed ,forces whose casualty record or operation attribution was modified during the covered period written notice of the restoration of the record or attribution required by subsection 7a71 and the reason for such restoration4 7c7 ,covered period defined ,in this section1 the term covered period means the period beginning on ,february #bh1 #bjbf1 and ending on the date of the enactment of this ,act4 #g4 ,integrity of benefits and recognition during contingency operations ,section #iia of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following new subsection3 7f7 ,prohibition on alteration of benefit eligibility based on administrative redesignation of contingency operations 7#a7 ,the ,secretary of ,defense may not direct any component of the ,department of ,defense to modify1 adjust1 shorten1 extend1 pause1 reset1 or otherwise alter any deployment-related benefit eligibility if the basis for such modification is solely a redesignation1 renaming1 or reclassification of an ongoing designated contingency operation where the facts and circumstances on the ground at the time and place of potential redesignation meet the criteria of section #aja7;a77#ac77;,b7 of this title and members of the ,armed ,forces are involved in military actions1 operations1 or hostilities against the same enemy of the ,united ,states or opposing military force against which the original operation was conducted1 including during or following periods of an announced ceasefire1 temporary cessation of hostilities1 diplomatic negotiation1 or change in operational phase4 7#b7 ,for purposes of paragraph 7#a71 deployment-related benefit eligibility determinations shall continue to be calculated as if the original designation of the operation remained in effect1 except as provided under paragraph 7#d74 7#c7 ,administrative changes to the naming1 structuring1 categorization1 or classification of an ongoing designated operation shall not be considered a basis to alter the eligibility of any member of the ,armed ,forces or civilian personnel for any benefit1 including awards or decorations1 veterans' preference accrual1 pay or leave entitlement1 deployment-related threshold1 or contingency military leave tied to service in that operation4 7#d7 ,nothing in this subsection prohibits adjustments to eligibility windows when such adjustments are-- 7,a7 explicitly required by statute2 7,b7 necessary due to a substantive change in operational conditions1 including commencement of hostilities against a new enemy or opposing force2 or 7,c7 authorized under subsection 7a77#c7 pursuant to a ,secretary-approved deployment exception4 7#e7 ,in this subsection1 the term designated military operation means a military operation to which the ,secretary of ,defense or the commander of a combatant command has officially designated a contingency operation under the conditions of section #aja7;a77#ac7 of this title4 4 #h4 ,restoration of benefits and recognition for military and civilian personnel support to ,operation ,epic ,fury 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,defense shall restore all covered benefits to members of the ,armed ,services and civilian personnel who supported covered military operations since ,february #bh1 #bjbf1 in order to comply with subsection 7f7 of section #iia of title #aj1 ,united ,states ,code1 as added by section #g of this ,act4 7b7 ,notice to affected personnel ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall provide to each member of the ,armed ,forces or civilian personnel whose covered benefits were modified during the covered period written notice of the restoration of benefits required by subsection 7a71 and of the reason for such restoration4 7c7 ,definitions ,in this section3 7#a7 ,covered benefits ,the term covered benefits means benefits to which members of the ,armed ,forces and civilian personnel who support covered military operations are entitled1 including ,department of ,defense awards or decorations1 veterans' preference accrual1 contingency military leave1 or other benefits associated with special pay1 leave1 and tax authorities in titles #aj1 #cg1 and #e1 ,united ,states ,code1 the ,department of ,state ,standardized ,regulations1 ,internal ,revenue ,service combat zone regulations1 and ,office of ,personnel ,management policies that are triggered by the statutory definition of a contingency operation4 7#b7 ,covered period ,the term covered period means the period beginning on ,february #bh1 #bjbf1 and ending on the date of the enactment of this ,act4 7#c7 ,covered military operations ,the term covered military operations means ,united ,states military activities against ,iran from ,february #bh1 #bjbf1 until the date of the enactment of this ,act4