I 
117TH CONGRESS 
1ST SESSION H. R. 1596 
To establish the Commission to Study the Stigmatization, Criminalization, 
and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and 
Veterans. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2021 
Mr. TAKANO (for himself and Mr. BROWN) 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 deter-
mined 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 to Study the Stigmatization, 
Criminalization, and Ongoing Exclusion and Inequity for 
LGBTQ Servicemembers and Veterans. 
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 to Study 
the Stigmatization, Criminalization, and Ongoing Exclu-
sion and Inequity for LGBTQ Servicemembers and Vet-
erans Act’’. 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. ESTABLISHMENT AND DUTIES. 
(a) ESTABLISHMENT.—There is established the Com-
mission to Study the Stigmatization, Criminalization, and 
Ongoing 
Exclusion 
and 
Inequity 
for 
LGBTQ 
Servicemembers and Veterans (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 informa-
tion about the history of military policy regarding 
homosexuality, from 1778 onward. The Commis-
sion’s documentation shall include facts related to— 
(A) the history of military policy regarding 
LGBTQ sexual orientation and gender identity, 
including: 
(i) ‘‘blue discharges’’ and other forms 
of discharge based on sexual orientation 
that rendered former members of the 
Armed Forces ineligible for veterans’ bene-
fits; 
(ii) military documents published in 
1942 that linked homosexuality to psy-
chopathy; 
(iii) 1963 Army Regulation 40-501, 
which banned gender transitioned or 
transitioning 
members 
of 
the 
Armed 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
Forces under the reasoning that they were 
‘‘mentally unfit’’; and 
(iv) the Department of Defense direc-
tive dated 1981 that unequivocally stated 
that homosexuality was incompatible with 
military service and banning all homo-
sexual individuals from service; and 
(B) the arguments that led to the creation 
of the ‘‘Don’t Ask, Don’t Tell’’ policy, including 
the claims that openly homosexual members of 
the military inhibited combat-readiness and unit 
cohesion. 
(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 members of the Armed Forces and veterans 
about their experiences, both anonymously and with 
names given. 
(4) Examine the impacts that discriminatory 
policy had on the physical and mental well-being of 
members of the Armed Forces. 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
(5) Examine the lasting impacts, including psy-
chological, financial, and employment-related, that 
military policy has had on veterans and members of 
the Armed Forces who were discharged due to their 
sexual orientation or gender identity. 
(6) Examine disparate impact that policies such 
as the ‘‘Don’t Ask, Don’t Tell’’ policy and the 
Transgender Service Ban, had on minority groups in 
the Armed Forces, particularly racial minorities and 
women. 
(7) Recommend appropriate ways to educate 
the American public about institutionalized and Gov-
ernment-sanctioned discrimination. 
(8) Recommend appropriate remedies to ad-
dress findings of the Commission, including how— 
(A) the Government may offer an apology 
for enforcing discrimination that led to psycho-
logical, emotional, and physical harm of U.S. 
troops and their families; 
(B) discharge upgrades and record amend-
ment 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; 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
(C) the service of LGBTQ individuals in 
the Armed Forces may be made more visible in 
materials distributed by the Secretaries of De-
fense and Veterans Affairs; 
(D) Diversity and Inclusion policies of the 
Department of Defense may be revised, and 
how resources may be committed to diversity 
training; and 
(E) health care, furnished by such Secre-
taries to members of the Armed Forces and for 
veterans, may include more resources to meet-
ing the needs of LGBTQ patients, including im-
proved data collection on LGBTQ patients, 
mental health counseling, and other medical ne-
cessities. 
(9) Submit a written report of its findings to 
Congress not later than one year after the date of 
the first meeting of the Commission. 
SEC. 3. MEMBERSHIP. 
(a) IN GENERAL.—The Commission shall be com-
posed of 16 members who shall be appointed not later 
than 30 days after the date of the enactment of this Act, 
and as follows: 
(1) Seven members appointed by the President, 
at least four of whom shall represent historical soci-
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
eties, nonprofits, research institutions, or advocacy 
organizations— 
(A) that represent veterans from a diver-
sity of service populations, across age range, 
tour of service, and era served; and 
(B) at least two of which represent organi-
zations that focus on transgender veterans and 
members of the Armed Forces. 
(2) Three members appointed by the Speaker of 
the House of Representatives, including one member 
from— 
(A) the Committee on Armed Services of 
the House of Representatives; 
(B) the Committee on Veterans’ Affairs of 
the House of Representatives; and 
(C) the Congressional LGBTQ Equality 
Caucus. 
(3) Two members appointed by the President 
pro tempore of the Senate. 
(4) Two members appointed by the Secretary of 
Defense. 
(5) Two members appointed by the Secretary of 
Veterans Affairs. 
(b) QUALIFICATIONS.—All members of the Commis-
sion shall be persons who are exceptionally qualified to 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
serve on the Commission by virtue of their education, 
training, activism, or experience, particularly in the fields 
of advocating for LGBTQ members of the Armed Forces 
and veterans. 
(c) TERMS.—Each member shall be appointed for the 
life of the Commission. A vacancy in the Commission 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 120 days 
after the date of the enactment of this Act or 30 days 
after the date of the enactment of legislation making ap-
propriations to carry out this Act, whichever date is later. 
(e) QUORUM.—Nine 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.—Except as provided in para-
graph (2), each member of the Commission shall be 
compensated at a rate equal to the daily equivalent 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
of the annual rate of basic pay established for a po-
sition at level V of the Executive Schedule under 
section 5316 of title 5, United States Code, for each 
day (including travel time) during which such mem-
ber is engaged in the performance of duties vested 
in 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.—All members of the 
Commission shall be reimbursed for travel, subsist-
ence, and other necessary expenses incurred by the 
members in the performance of their duties to the 
extent authorized by chapter 57 of title 5, United 
States Code. 
SEC. 4. POWERS OF THE COMMISSION. 
(a) HEARINGS
AND MEETINGS.—The Commission 
may, for the purpose of carrying out the provisions of this 
Act, hold such hearings and meet and act at such times 
and at such places in the United States, and request the 
attendance and testimony of such witnesses and the pro-
duction of such books, records, correspondence, memo-
randa, papers, and documents, as the Commission con-
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
siders appropriate. The Commission may invoke the aid 
of an appropriate United States district court to require, 
by subpoena or otherwise, such attendance, testimony, or 
production. 
(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-
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
pointed without regard to the provisions of title, United 
States Code, governing appointments in the competitive 
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— 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS
(1) procure supplies, services, and property by 
contract in accordance with applicable laws and reg-
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. 
The Commission shall terminate 90 days after the 
date on which the Commission submits the report to Con-
gress under section 2. 
Æ 
VerDate Sep 11 2014 
22:22 Apr 18, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H1596.IH
H1596
kjohnson on DSK79L0C42PROD with BILLS