I 

118TH CONGRESS 

1ST SESSION H. R. 5610 

To establish the Commission on Equity and Reconciliation in the Uniformed 

Services. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2023 

Mr. TAKANO (for himself, Ms. JACOBS, Ms. NORTON, Mr. MCGARVEY, Mr. 

POCAN, Mr. ESPAILLAT, Ms. WILLIAMS of Georgia, Mr. DOGGETT, Mr. 

MCGOVERN, Ms. WILD, Ms. WASSERMAN SCHULTZ, and Ms. LEE of 

Pennsylvania) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. ESTABLISHMENT AND DUTIES. 

2 (a) ESTABLISHMENT.—There is established the Com3 mission on Equity and Reconciliation in the Uniformed 

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

5 (b) DUTIES.—The Commission shall perform the fol6 lowing duties: 

7 (1) Identify and compile a corpus of docu8 mentation on the policing of sexual orientation and 

9 gender identity in the uniformed services, from the 

10 beginning of World War II and onward. Such docu11 mentation shall include the following: 

12 (A) Facts related to the history of policing 

13 LGBTQ sexual orientation and gender identity 

14 in the uniformed services. 

15 (B) The effects of such policies on eligi16 bility for, and access to, benefits under laws ad17 ministered by the Secretary of Veterans Affairs 

18 on servicemembers who were discharged due to 

19 sexual orientation or gender identity. 

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

21 United States as it finds appropriate, and do com22 munity outreach and other public relations efforts in 

23 order to advertise such hearings and the opportunity 

24 to give testimony. 

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

26 LGBTQ servicemembers and veterans about their 


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1 experiences, both anonymously and with names 

2 given. 

3 (4) Examine the impacts that discriminatory 

4 policy and corresponding actions taken by the uni5 formed services had on the physical and mental 

6 wellbeing of servicemembers. 

7 (5) Examine lasting impacts (including psycho8 logical, financial, and professional) that policies of 

9 the uniformed services have had on veterans and 

10 servicemembers who were discharged due to their 

11 sexual orientation and/or gender identity. 

12 (6) Examine the disparate impact that policies 

13 targeting sexual and gender minorities has had on 

14 minority groups in the uniformed services, especially 

15 racial minorities and women. 

16 (7) Examine the impacts that policing of sexual 

17 and gender minorities has had on individuals who do 

18 not identify as LGBTQ but were nevertheless tar19 geted due to perceived sexual orientation or gender 

20 identity. 

21 (8) Recommend appropriate ways to educate 

22 the American public about institutionalized and gov23 ernment-sanctioned discrimination. 

24 (9) Recommend appropriate remedies to ad25 dress the findings of the Commission, including— 


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1 (A) how the Federal Government may offer 

2 an apology for enforcing discrimination that led 

3 to psychological, emotional, and physical harm 

4 to servicemembers and their families; 

5 (B) how discharge upgrades and amend6 ments of military records may be streamlined 

7 through the Boards for Correction of Military 

8 Records, including improving the transparency 

9 and accessibility of records by the members of 

10 the Armed Forces to whom they pertain; 

11 (C) how the service of LGBTQ individuals 

12 in the uniformed services may be made more 

13 visible in materials distributed by the Secretary 

14 of Defense and the Secretary of Veterans Af15 fairs; 

16 (D) how diversity and inclusion policies of 

17 the Department of Defense may be revised, in18 cluding how resources may be committed to di19 versity training; and 

20 (E) how healthcare and other benefits, fur21 nished by such Secretaries to members of the 

22 uniformed services and veterans, will commit 

23 more resources to meeting the needs of LGBTQ 

24 patients, including improved data collection on 


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1 LGBTQ patients, mental health counseling, and 

2 other medical necessities. 

3 (10) The Commission shall submit a written re4 port of its findings to Congress not later than one 

5 year after the date of the first meeting of the Com6 mission. 

7 SEC. 3. MEMBERSHIP. 

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

9 Commission, who shall be appointed not later than 30 

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

11 follows: 

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

13 Committee on Armed Services of the House of Rep14 resentatives. 

15 (2) One member appointed by the Ranking 

16 Member of the Committee on Armed Services of the 

17 House of Representatives. 

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

19 Committee on Veterans’ Affairs of the House of 

20 Representatives. 

21 (4) One member appointed by the Ranking 

22 Member of the Committee on Veterans’ Affairs of 

23 the House of Representatives. 

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

25 Committee on Armed Services of the Senate. 


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1 (6) One member appointed by the Ranking 

2 Member of the Committee on Armed Services of the 

3 Senate. 

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

5 Committee on Veterans’ Affairs of the Senate. 

6 (8) One member appointed by the Ranking 

7 Member of the Committee on Veterans’ Affairs of 

8 the Senate. 

9 (9) Two members appointed by the Secretary of 

10 Defense. 

11 (10) Two members appointed by the Secretary 

12 of Veterans Affairs. 

13 (11) One member appointed by the Secretary of 

14 Homeland Security. 

15 (12) One member appointed by the Secretary of 

16 Commerce, for the purpose of representing the Na17 tional Oceanic and Atmospheric Administration. 

18 (13) One member appointed by the Secretary of 

19 Health and Human Services, for the purpose of rep20 resenting the Public Health Service. 

21 (b) QUALIFICATIONS.—All members of the Commis22 sion shall be persons who are exceptionally qualified to 

23 serve on the Commission by virtue of their education, 

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


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1 of advocating for LGBTQ members of the uniformed serv2 ices. 

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

4 for the life of the Commission. A vacancy in the Commis5 sion shall not affect the powers of the Commission and 

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

7 appointment was made. 

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

9 first meeting of the Commission not later than 30 days 

10 after the later of the following: 

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

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

13 makes appropriations to carry out this Act. 

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

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

16 hearings. 

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

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

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

20 Commission. 

21 (g) COMPENSATION.— 

22 (1) IN GENERAL.—Each member of the Com23 mission may be compensated at a rate not to exceed 

24 the daily equivalent of the annual rate of basic pay 

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


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1 Schedule under section 5315 of title 5, United 

2 States Code, for each day during which that member 

3 is engaged in the actual performance of the duties 

4 of the Commission. 

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

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

7 the United States or a Member of Congress shall re8 ceive no additional pay, allowances, or benefits by 

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

10 (3) TRAVEL EXPENSES.—Each member shall 

11 receive travel expenses, including per diem in lieu of 

12 subsistence, in accordance with applicable provisions 

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

14 States Code. 

15 SEC. 4. POWERS OF THE COMMISSION. 

16 (a) HEARINGS AND SESSIONS.—The Commission 

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

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

19 at such places in the United States, and request the at20 tendance and testimony of such witnesses and the produc21 tion of such books, records, correspondence, memoranda, 

22 papers, and documents, as the Commission considers ap23 propriate. The Commission may invoke the aid of an ap24 propriate United States district court to require, by subVerDate Sep 11 2014 03:00 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5610.IH H5610

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1 poena or otherwise, such attendance, testimony, or pro2 duction. 

3 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 

4 Any subcommittee or member of the Commission may, if 

5 authorized by the Commission, take any action which the 

6 Commission is authorized to take under this section. 

7 (c) OBTAINING OFFICIAL DATA.—The Commission 

8 may acquire directly from the head of any department, 

9 agency, or instrumentality of the executive branch of the 

10 Federal Government, available information which the 

11 Commission considers useful in the discharge of its duties. 

12 All departments, agencies, and instrumentalities of the ex13 ecutive branch of the Government shall cooperate with the 

14 Commission with respect to such information and shall 

15 furnish all information requested by the Commission to 

16 the extent permitted by law. 

17 SEC. 5. ADMINISTRATIVE PROVISIONS. 

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

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

20 compensation of such personnel as the Commission con21 siders appropriate. 

22 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

23 LAWS.—The personnel of the Commission may be ap24 pointed without regard to the provisions of title, United 

25 States Code, governing appointments in the competitive 


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1 service, and without regard to the provisions of chapter 

2 51 and subchapter III of chapter 53 of such title, relating 

3 to classification and General Schedule pay rates, except 

4 that the rate of basic pay of any employee of the Commis5 sion may not exceed the rate of basic pay established for 

6 a position at level V of the Executive Schedule under sec7 tion 5316 of such title. 

8 (c) EXPERTS AND CONSULTANTS.—The Commission 

9 may procure the services of experts and consultants in ac10 cordance with the provisions of section 3109(b) of title 5, 

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

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

13 established for a position at level V of the Executive 

14 Schedule under section 5316 of such title. 

15 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 

16 Commission may enter into agreements with the Adminis17 trator of General Services for procurement of financial 

18 and administrative services necessary for the discharge of 

19 the duties of the Commission. Payment for such services 

20 shall be made by reimbursement from funds of the Com21 mission in such amounts as may be agreed upon by the 

22 Chairman of the Commission and the Administrator. 

23 (e) CONTRACTS.—The Commission may— 

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

25 contract in accordance with applicable laws and regVerDate Sep 11 2014 03:00 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5610.IH H5610

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1 ulations and to the extent or in such amounts as are 

2 provided in appropriations Acts; and 

3 (2) enter into contracts with departments, 

4 agencies, and instrumentalities of the Federal Gov5 ernment, State agencies, and private firms, institu6 tions, and agencies, for the conduct of research or 

7 surveys, the preparation of reports, and other activi8 ties necessary for the discharge of the duties of the 

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

10 provided in appropriations Acts. 

11 SEC. 6. TERMINATION. 

12 (a) IN GENERAL.—The Commission, and all the au13 thorities of this title, shall terminate 90 days after the 

14 date on which the final report is submitted under section 

15 2. 

16 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI17 NATION.—The Commission may use the 90-day period re18 ferred to in subsection (a) for the purpose of concluding 

19 its activities, including providing testimony to committees 

20 of Congress concerning its reports and disseminating the 

21 final report. 

22 SEC. 7. FUNDING. 

23 (a) IN GENERAL.—There is authorized to be appro24 priated such sums as necessary to carry out this Act. 


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

2 Commission under subsection (a) shall remain available 

3 until the termination of the Commission. 

4 SEC. 8. DEFINITIONS. 

5 In this Act: 

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

7 given such term in section 101 of the 

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

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

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

11 United States Code. 

Æ 


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