II 

118TH CONGRESS 

1ST SESSION S. 2863 

To establish the Commission on Equity and Reconciliation in the Uniformed 

Services. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2023 

Mr. BLUMENTHAL (for himself, Mr. BOOKER, and Mr. MERKLEY) introduced 

the following bill; which was read twice and referred to the Committee 

on Veterans’ Affairs 

A BILL 

To establish the Commission on Equity and Reconciliation 

in the Uniformed Services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on Equity 

5 and Reconciliation in the Uniformed Services Act’’. 

6 SEC. 2. ESTABLISHMENT AND DUTIES. 

7 (a) ESTABLISHMENT.—There is established the Com8 mission on Equity and Reconciliation in the Uniformed 

9 Services (in this Act referred to as the ‘‘Commission’’). 


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1 (b) DUTIES.—The Commission shall perform the fol2 lowing duties: 

3 (1) Identify and compile a corpus of docu4 mentation on the policing of sexual orientation and 

5 gender identity in the uniformed services, from the 

6 beginning of World War II and onward. Such docu7 mentation shall include the following: 

8 (A) Facts related to the history of policing 

9 LGBTQ sexual orientation and gender identity 

10 in the uniformed services. 

11 (B) The effects of such policies on eligi12 bility for, and access to, benefits under laws ad13 ministered by the Secretary of Veterans Affairs 

14 on servicemembers who were discharged due to 

15 sexual orientation or gender identity. 

16 (2) Hold public hearings in such cities of the 

17 United States as it finds appropriate, and do com18 munity outreach and other public relations efforts in 

19 order to advertise such hearings and the opportunity 

20 to give testimony. 

21 (3) Gather testimonies, written and oral, from 

22 LGBTQ servicemembers and veterans about their 

23 experiences, both anonymously and with names 

24 given. 


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1 (4) Examine the impacts that discriminatory 

2 policy and corresponding actions taken by the uni3 formed services had on the physical and mental 

4 wellbeing of servicemembers. 

5 (5) Examine lasting impacts (including psycho6 logical, financial, and professional) that policies of 

7 the uniformed services have had on veterans and 

8 servicemembers who were discharged due to their 

9 sexual orientation and/or gender identity. 

10 (6) Examine the disparate impact that policies 

11 targeting sexual and gender minorities has had on 

12 minority groups in the uniformed services, especially 

13 racial minorities and women. 

14 (7) Examine the impacts that policing of sexual 

15 and gender minorities has had on individuals who do 

16 not identify as LGBTQ but were nevertheless tar17 geted due to perceived sexual orientation or gender 

18 identity. 

19 (8) Recommend appropriate ways to educate 

20 the American public about institutionalized and gov21 ernment-sanctioned discrimination. 

22 (9) Recommend appropriate remedies to ad23 dress the findings of the Commission, including— 

24 (A) how the Federal Government may offer 

25 an apology for enforcing discrimination that led 


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1 to psychological, emotional, and physical harm 

2 to servicemembers and their families; 

3 (B) how discharge upgrades and amend4 ments of military records may be streamlined 

5 through the Boards for Correction of Military 

6 Records, including improving the transparency 

7 and accessibility of records by the members of 

8 the Armed Forces to whom they pertain; 

9 (C) how the service of LGBTQ individuals 

10 in the uniformed services may be made more 

11 visible in materials distributed by the Secretary 

12 of Defense and the Secretary of Veterans Af13 fairs; 

14 (D) how diversity and inclusion policies of 

15 the Department of Defense may be revised, in16 cluding how resources may be committed to di17 versity training; 

18 (E) how healthcare and other benefits, fur19 nished by such Secretaries to members of the 

20 uniformed services and veterans, will commit 

21 more resources to meeting the needs of LGBTQ 

22 patients, including improved data collection on 

23 LGBTQ patients, mental health counseling, and 

24 other medical necessities; and 


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1 (F) how the Federal government may ex2 amine the issue of burial rights denied to mem3 bers of the uniformed services and veterans who 

4 were prematurely discharged due to the dis5 criminatory policies against them. 

6 (10) The Commission shall submit a written re7 port of its findings to Congress not later than one 

8 year after the date of the first meeting of the Com9 mission. 

10 SEC. 3. MEMBERSHIP. 

11 (a) IN GENERAL.—There shall be 15 members of the 

12 Commission, who shall be appointed not later than 30 

13 days after the date of the enactment of this Act, and as 

14 follows: 

15 (1) One member appointed by the Chair of the 

16 Committee on Armed Services of the House of Rep17 resentatives. 

18 (2) One member appointed by the Ranking 

19 Member of the Committee on Armed Services of the 

20 House of Representatives. 

21 (3) One member appointed by the Chair of the 

22 Committee on Veterans’ Affairs of the House of 

23 Representatives. 


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1 (4) One member appointed by the Ranking 

2 Member of the Committee on Veterans’ Affairs of 

3 the House of Representatives. 

4 (5) One member appointed by the Chair of the 

5 Committee on Armed Services of the Senate. 

6 (6) One member appointed by the Ranking 

7 Member of the Committee on Armed Services of the 

8 Senate. 

9 (7) One member appointed by the Chair of the 

10 Committee on Veterans’ Affairs of the Senate. 

11 (8) One member appointed by the Ranking 

12 Member of the Committee on Veterans’ Affairs of 

13 the Senate. 

14 (9) Two members appointed by the Secretary of 

15 Defense. 

16 (10) Two members appointed by the Secretary 

17 of Veterans Affairs. 

18 (11) One member appointed by the Secretary of 

19 Homeland Security. 

20 (12) One member appointed by the Secretary of 

21 Commerce, for the purpose of representing the Na22 tional Oceanic and Atmospheric Administration. 

23 (13) One member appointed by the Secretary of 

24 Health and Human Services, for the purpose of rep25 resenting the Public Health Service. 


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1 (b) QUALIFICATIONS.—All members of the Commis2 sion shall be persons who are exceptionally qualified to 

3 serve on the Commission by virtue of their education, 

4 training, activism, or experience, particularly in the fields 

5 of advocating for LGBTQ members of the uniformed serv6 ices. 

7 (c) TERMS.—The term of office for members shall be 

8 for the life of the Commission. A vacancy in the Commis9 sion shall not affect the powers of the Commission and 

10 shall be filled in the same manner in which the original 

11 appointment was made. 

12 (d) FIRST MEETING.—The President shall call the 

13 first meeting of the Commission not later than 30 days 

14 after the later of the following: 

15 (1) The date of the enactment of this Act. 

16 (2) The date of the enactment of an Act that 

17 makes appropriations to carry out this Act. 

18 (e) QUORUM.—Eight members of the Commission 

19 shall constitute a quorum, but a lesser number may hold 

20 hearings. 

21 (f) CHAIR AND VICE CHAIR.—The Commission shall 

22 elect a Chair and Vice Chair from among its members. 

23 The term of office for each shall be for the life of the 

24 Commission. 

25 (g) COMPENSATION.— 


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1 (1) IN GENERAL.—Each member of the Com2 mission may be compensated at a rate not to exceed 

3 the daily equivalent of the annual rate of basic pay 

4 in effect for a position at level IV of the Executive 

5 Schedule under section 5315 of title 5, United 

6 States Code, for each day during which that member 

7 is engaged in the actual performance of the duties 

8 of the Commission. 

9 (2) FEDERAL EMPLOYEES.—A member of the 

10 Commission who is a full-time officer or employee of 

11 the United States or a Member of Congress shall re12 ceive no additional pay, allowances, or benefits by 

13 reason of the member’s service to the Commission. 

14 (3) TRAVEL EXPENSES.—Each member shall 

15 receive travel expenses, including per diem in lieu of 

16 subsistence, in accordance with applicable provisions 

17 under subchapter I of chapter 57 of title 5, United 

18 States Code. 

19 SEC. 4. POWERS OF THE COMMISSION. 

20 (a) HEARINGS AND SESSIONS.—The Commission 

21 may, for the purpose of carrying out the provisions of this 

22 Act, hold such hearings and sit and act at such times and 

23 at such places in the United States, and request the at24 tendance and testimony of such witnesses and the produc25 tion of such books, records, correspondence, memoranda, 


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1 papers, and documents, as the Commission considers ap2 propriate. The Commission may invoke the aid of an ap3 propriate United States district court to require, by sub4 poena or otherwise, such attendance, testimony, or pro5 duction. 

6 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

7 Any subcommittee or member of the Commission may, if 

8 authorized by the Commission, take any action which the 

9 Commission is authorized to take under this section. 

10 (c) OBTAINING OFFICIAL DATA.—The Commission 

11 may acquire directly from the head of any department, 

12 agency, or instrumentality of the executive branch of the 

13 Federal Government, available information which the 

14 Commission considers useful in the discharge of its duties. 

15 All departments, agencies, and instrumentalities of the ex16 ecutive branch of the Government shall cooperate with the 

17 Commission with respect to such information and shall 

18 furnish all information requested by the Commission to 

19 the extent permitted by law. 

20 SEC. 5. ADMINISTRATIVE PROVISIONS. 

21 (a) STAFF.—The Commission may, without regard to 

22 the civil service laws and regulations, appoint and fix the 

23 compensation of such personnel as the Commission con24 siders appropriate. 


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1 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The personnel of the Commission may be ap3 pointed without regard to the provisions of title, United 

4 States Code, governing appointments in the competitive 

5 service, and without regard to the provisions of chapter 

6 51 and subchapter III of chapter 53 of such title, relating 

7 to classification and General Schedule pay rates, except 

8 that the rate of basic pay of any employee of the Commis9 sion may not exceed the rate of basic pay established for 

10 a position at level V of the Executive Schedule under sec11 tion 5316 of such title. 

12 (c) EXPERTS AND CONSULTANTS.—The Commission 

13 may procure the services of experts and consultants in ac14 cordance with the provisions of section 3109(b) of title 5, 

15 United States Code, but at rates for individuals not to 

16 exceed the daily equivalent of the annual rate of basic pay 

17 established for a position at level V of the Executive 

18 Schedule under section 5316 of such title. 

19 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

20 Commission may enter into agreements with the Adminis21 trator of General Services for procurement of financial 

22 and administrative services necessary for the discharge of 

23 the duties of the Commission. Payment for such services 

24 shall be made by reimbursement from funds of the ComVerDate Sep 11 2014 22:05 Sep 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2863.IS S2863

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1 mission in such amounts as may be agreed upon by the 

2 Chairman of the Commission and the Administrator. 

3 (e) CONTRACTS.—The Commission may— 

4 (1) procure supplies, services, and property by 

5 contract in accordance with applicable laws and reg6 ulations and to the extent or in such amounts as are 

7 provided in appropriations Acts; and 

8 (2) enter into contracts with departments, 

9 agencies, and instrumentalities of the Federal Gov10 ernment, State agencies, and private firms, institu11 tions, and agencies, for the conduct of research or 

12 surveys, the preparation of reports, and other activi13 ties necessary for the discharge of the duties of the 

14 Commission, to the extent or in such amounts as are 

15 provided in appropriations Acts. 

16 SEC. 6. TERMINATION. 

17 (a) IN GENERAL.—The Commission, and all the au18 thorities of this title, shall terminate 90 days after the 

19 date on which the final report is submitted under section 

20 2. 

21 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI22 NATION.—The Commission may use the 90-day period re23 ferred to in subsection (a) for the purpose of concluding 

24 its activities, including providing testimony to committees 


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1 of Congress concerning its reports and disseminating the 

2 final report. 

3 SEC. 7. FUNDING. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated such sums as necessary to carry out this Act. 

6 (b) DURATION.—Amounts made available to the 

7 Commission under subsection (a) shall remain available 

8 until the termination of the Commission. 

9 SEC. 8. DEFINITIONS. 

10 In this Act: 

11 (1) The term ‘‘servicemember’’ has the meaning 

12 given such term in section 101 of the 

13 Servicemembers Civil Relief Act (50 U.S.C. 3911). 

14 (2) The term ‘‘uniformed services’’ has the 

15 meaning given such term in section 101 of title 10, 

16 United States Code. 

Æ 


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