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 Vet-
erans’ Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish the Commission on Equity and Reconciliation 
in the Uniformed Services. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on Equity 
and Reconciliation in the Uniformed Services Act’’. 
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SEC. 2. ESTABLISHMENT AND DUTIES. 
(a) ESTABLISHMENT.—There is established the Com-
mission on Equity and Reconciliation in the Uniformed 
Services (in this Act referred to as the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall perform the fol-
lowing duties: 
(1) Identify and compile a corpus of docu-
mentation on the policing of sexual orientation and 
gender identity in the uniformed services, from the 
beginning of World War II and onward. Such docu-
mentation shall include the following: 
(A) Facts related to the history of policing 
LGBTQ sexual orientation and gender identity 
in the uniformed services. 
(B) The effects of such policies on eligi-
bility for, and access to, benefits under laws ad-
ministered by the Secretary of Veterans Affairs 
on servicemembers who were discharged due to 
sexual orientation or gender identity. 
(2) Hold public hearings in such cities of the 
United States as it finds appropriate, and do com-
munity outreach and other public relations efforts in 
order to advertise such hearings and the opportunity 
to give testimony. 
(3) Gather testimonies, written and oral, from 
LGBTQ servicemembers and veterans about their 
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experiences, both anonymously and with names 
given. 
(4) Examine the impacts that discriminatory 
policy and corresponding actions taken by the uni-
formed services had on the physical and mental 
wellbeing of servicemembers. 
(5) Examine lasting impacts (including psycho-
logical, financial, and professional) that policies of 
the uniformed services have had on veterans and 
servicemembers who were discharged due to their 
sexual orientation and/or gender identity. 
(6) Examine the disparate impact that policies 
targeting sexual and gender minorities has had on 
minority groups in the uniformed services, especially 
racial minorities and women. 
(7) Examine the impacts that policing of sexual 
and gender minorities has had on individuals who do 
not identify as LGBTQ but were nevertheless tar-
geted due to perceived sexual orientation or gender 
identity. 
(8) Recommend appropriate ways to educate 
the American public about institutionalized and gov-
ernment-sanctioned discrimination. 
(9) Recommend appropriate remedies to ad-
dress the findings of the Commission, including— 
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(A) how the Federal Government may offer 
an apology for enforcing discrimination that led 
to psychological, emotional, and physical harm 
to servicemembers and their families; 
(B) how discharge upgrades and amend-
ments of military records may be streamlined 
through the Boards for Correction of Military 
Records, including improving the transparency 
and accessibility of records by the members of 
the Armed Forces to whom they pertain; 
(C) how the service of LGBTQ individuals 
in the uniformed services may be made more 
visible in materials distributed by the Secretary 
of Defense and the Secretary of Veterans Af-
fairs; 
(D) how diversity and inclusion policies of 
the Department of Defense may be revised, in-
cluding how resources may be committed to di-
versity training; and 
(E) how healthcare and other benefits, fur-
nished by such Secretaries to members of the 
uniformed services and veterans, will commit 
more resources to meeting the needs of LGBTQ 
patients, including improved data collection on 
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LGBTQ patients, mental health counseling, and 
other medical necessities. 
(10) The Commission shall submit a written re-
port of its findings to Congress not later than one 
year after the date of the first meeting of the Com-
mission. 
SEC. 3. MEMBERSHIP. 
(a) IN GENERAL.—There shall be 15 members of the 
Commission, who shall be appointed not later than 30 
days after the date of the enactment of this Act, and as 
follows: 
(1) One member appointed by the Chair of the 
Committee on Armed Services of the House of Rep-
resentatives. 
(2) One member appointed by the Ranking 
Member of the Committee on Armed Services of the 
House of Representatives. 
(3) One member appointed by the Chair of the 
Committee on Veterans’ Affairs of the House of 
Representatives. 
(4) One member appointed by the Ranking 
Member of the Committee on Veterans’ Affairs of 
the House of Representatives. 
(5) One member appointed by the Chair of the 
Committee on Armed Services of the Senate. 
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of advocating for LGBTQ members of the uniformed serv-
ices. 
(c) TERMS.—The term of office for members shall be 
for the life of the Commission. A vacancy in the Commis-
sion shall not affect the powers of the Commission and 
shall be filled in the same manner in which the original 
appointment was made. 
(d) FIRST MEETING.—The President shall call the 
first meeting of the Commission not later than 30 days 
after the later of the following: 
(1) The date of the enactment of this Act. 
(2) The date of the enactment of an Act that 
makes appropriations to carry out this Act. 
(e) QUORUM.—Eight members of the Commission 
shall constitute a quorum, but a lesser number may hold 
hearings. 
(f) CHAIR AND VICE CHAIR.—The Commission shall 
elect a Chair and Vice Chair from among its members. 
The term of office for each shall be for the life of the 
Commission. 
(g) COMPENSATION.— 
(1) IN GENERAL.—Each member of the Com-
mission may be compensated at a rate not to exceed 
the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive 
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Schedule under section 5315 of title 5, United 
States Code, for each day during which that member 
is engaged in the actual performance of the duties 
of the Commission. 
(2) FEDERAL EMPLOYEES.—A member of the 
Commission who is a full-time officer or employee of 
the United States or a Member of Congress shall re-
ceive no additional pay, allowances, or benefits by 
reason of the member’s service to the Commission. 
(3) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
SEC. 4. POWERS OF THE COMMISSION. 
(a) HEARINGS
AND SESSIONS.—The Commission 
may, for the purpose of carrying out the provisions of this 
Act, hold such hearings and sit and act at such times and 
at such places in the United States, and request the at-
tendance and testimony of such witnesses and the produc-
tion of such books, records, correspondence, memoranda, 
papers, and documents, as the Commission considers ap-
propriate. The Commission may invoke the aid of an ap-
propriate United States district court to require, by sub-
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poena or otherwise, such attendance, testimony, or pro-
duction. 
(b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 
Any subcommittee or member of the Commission may, if 
authorized by the Commission, take any action which the 
Commission is authorized to take under this section. 
(c) OBTAINING OFFICIAL DATA.—The Commission 
may acquire directly from the head of any department, 
agency, or instrumentality of the executive branch of the 
Federal Government, available information which the 
Commission considers useful in the discharge of its duties. 
All departments, agencies, and instrumentalities of the ex-
ecutive branch of the Government shall cooperate with the 
Commission with respect to such information and shall 
furnish all information requested by the Commission to 
the extent permitted by law. 
SEC. 5. ADMINISTRATIVE PROVISIONS. 
(a) STAFF.—The Commission may, without regard to 
the civil service laws and regulations, appoint and fix the 
compensation of such personnel as the Commission con-
siders appropriate. 
(b) APPLICABILITY
OF CERTAIN CIVIL SERVICE 
LAWS.—The personnel of the Commission may be ap-
pointed without regard to the provisions of title, United 
States Code, governing appointments in the competitive 
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service, and without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such title, relating 
to classification and General Schedule pay rates, except 
that the rate of basic pay of any employee of the Commis-
sion may not exceed the rate of basic pay established for 
a position at level V of the Executive Schedule under sec-
tion 5316 of such title. 
(c) EXPERTS AND CONSULTANTS.—The Commission 
may procure the services of experts and consultants in ac-
cordance with the provisions of section 3109(b) of title 5, 
United States Code, but at rates for individuals not to 
exceed the daily equivalent of the annual rate of basic pay 
established for a position at level V of the Executive 
Schedule under section 5316 of such title. 
(d) ADMINISTRATIVE
SUPPORT
SERVICES.—The 
Commission may enter into agreements with the Adminis-
trator of General Services for procurement of financial 
and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services 
shall be made by reimbursement from funds of the Com-
mission in such amounts as may be agreed upon by the 
Chairman of the Commission and the Administrator. 
(e) CONTRACTS.—The Commission may— 
(1) procure supplies, services, and property by 
contract in accordance with applicable laws and reg-
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ulations and to the extent or in such amounts as are 
provided in appropriations Acts; and 
(2) enter into contracts with departments, 
agencies, and instrumentalities of the Federal Gov-
ernment, State agencies, and private firms, institu-
tions, and agencies, for the conduct of research or 
surveys, the preparation of reports, and other activi-
ties necessary for the discharge of the duties of the 
Commission, to the extent or in such amounts as are 
provided in appropriations Acts. 
SEC. 6. TERMINATION. 
(a) IN GENERAL.—The Commission, and all the au-
thorities of this title, shall terminate 90 days after the 
date on which the final report is submitted under section 
2. 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI-
NATION.—The Commission may use the 90-day period re-
ferred to in subsection (a) for the purpose of concluding 
its activities, including providing testimony to committees 
of Congress concerning its reports and disseminating the 
final report. 
SEC. 7. FUNDING. 
(a) IN GENERAL.—There is authorized to be appro-
priated such sums as necessary to carry out this Act. 
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