II 118th CONGRESS 1st Session S. 2863 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. Short title This Act may be cited as the Commission on Equity and Reconciliation in the Uniformed Services Act . 2. Establishment and duties (a) Establishment There is established the Commission on Equity and Reconciliation in the Uniformed Services (in this Act referred to as the Commission ). (b) Duties The Commission shall perform the following duties: (1) Identify and compile a corpus of documentation on the policing of sexual orientation and gender identity in the uniformed services, from the beginning of World War II and onward. Such documentation 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 eligibility for, and access to, benefits under laws administered 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 community 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 experiences, both anonymously and with names given. (4) Examine the impacts that discriminatory policy and corresponding actions taken by the uniformed services had on the physical and mental wellbeing of servicemembers. (5) Examine lasting impacts (including psychological, 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 targeted due to perceived sexual orientation or gender identity. (8) Recommend appropriate ways to educate the American public about institutionalized and government-sanctioned discrimination. (9) Recommend appropriate remedies to address the findings of the Commission, including— (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 amendments 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 Affairs; (D) how diversity and inclusion policies of the Department of Defense may be revised, including how resources may be committed to diversity training; (E) how healthcare and other benefits, furnished 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 LGBTQ patients, mental health counseling, and other medical necessities; and (F) how the Federal government may examine the issue of burial rights denied to members of the uniformed services and veterans who were prematurely discharged due to the discriminatory policies against them. (10) The Commission shall submit a written report of its findings to Congress not later than one year after the date of the first meeting of the Commission. 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 Representatives. (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. (6) One member appointed by the Ranking Member of the Committee on Armed Services of the Senate. (7) One member appointed by the Chair of the Committee on Veterans’ Affairs of the Senate. (8) One member appointed by the Ranking Member of the Committee on Veterans’ Affairs of the Senate. (9) Two members appointed by the Secretary of Defense. (10) Two members appointed by the Secretary of Veterans Affairs. (11) One member appointed by the Secretary of Homeland Security. (12) One member appointed by the Secretary of Commerce, for the purpose of representing the National Oceanic and Atmospheric Administration. (13) One member appointed by the Secretary of Health and Human Services, for the purpose of representing the Public Health Service. (b) Qualifications All members of the Commission shall be persons who are exceptionally qualified to serve on the Commission by virtue of their education, training, activism, or experience, particularly in the fields of advocating for LGBTQ members of the uniformed services. (c) Terms The term of office for members shall be 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 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 Commission 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 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 receive 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. 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 attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers 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 executive 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. 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 considers appropriate. (b) Applicability of certain civil service laws The personnel of the Commission may be appointed 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 Commission may not exceed the rate of basic pay established for a position at level V of the Executive Schedule under section 5316 of such title. (c) Experts and consultants The Commission may procure the services of experts and consultants in accordance 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 Administrator 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 Commission 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 regulations 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 Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. 6. Termination (a) In general The Commission, and all the authorities of this title, shall terminate 90 days after the date on which the final report is submitted under section 2. (b) Administrative activities before termination The Commission may use the 90-day period referred 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. 7. Funding (a) In general There is authorized to be appropriated such sums as necessary to carry out this Act. (b) Duration Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission. 8. Definitions In this Act: (1) The term servicemember has the meaning given such term in section 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3911 ). (2) The term uniformed services has the meaning given such term in section 101 of title 10, United States Code.