[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2188 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2188

       To establish the Commission to Study the Stigmatization, 
     Criminalization, and Ongoing Exclusion and Inequity for LGBTQ 
                      Servicemembers and Veterans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2021

 Mr. Blumenthal (for himself, Mr. Cardin, Mr. Merkley, Mr. Markey, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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 Representatives 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 Exclusion and Inequity for 
LGBTQ Servicemembers and Veterans Act''.

SEC. 2. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established the Commission 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 following duties:
            (1) Identify and compile a corpus of information about the 
        history of military policy regarding homosexuality, from 1778 
        onward. The Commission'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' benefits;
                            (ii) military documents published in 1942 
                        that linked homosexuality to psychopathy;
                            (iii) 1963 Army Regulation 40-501, which 
                        banned gender transitioned or transitioning 
                        members of the Armed Forces under the reasoning 
                        that they were ``mentally unfit''; and
                            (iv) the Department of Defense directive 
                        dated 1981 that unequivocally stated that 
                        homosexuality was incompatible with military 
                        service and banning all homosexual 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 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 
        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.
            (5) Examine the lasting impacts, including psychological, 
        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 Government-sanctioned 
        discrimination.
            (8) Recommend appropriate remedies to address findings of 
        the Commission, including how--
                    (A) the Government may offer an apology for 
                enforcing discrimination that led to psychological, 
                emotional, and physical harm of United States troops 
                and their families;
                    (B) discharge upgrades and record amendment 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) the service of LGBTQ individuals in the Armed 
                Forces may be made more visible in materials 
                distributed by the Secretaries of Defense 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 Secretaries to 
                members of the Armed Forces and for veterans, may 
                include more resources to meeting the needs of LGBTQ 
                patients, including improved data collection on LGBTQ 
                patients, mental health counseling, and other medical 
                necessities.
            (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 composed of 16 members, 
appointed not later than 30 days after the date of the enactment of 
this Act, as follows:
            (1) Seven members appointed by the President, at least four 
        of whom shall represent historical societies, nonprofits, 
        research institutions, or advocacy organizations--
                    (A) that represent veterans from a diversity of 
                service populations, across age range, tour of service, 
                and era served; and
                    (B) at least two of which represent organizations 
                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 each 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 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 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 appropriations 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 paragraph (2), each 
        member of the Commission shall be compensated at a rate equal 
        to 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 title 5, United States Code, for each day 
        (including travel time) during which such member 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 receive 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, subsistence, 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 
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.

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 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.

SEC. 6. TERMINATION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report to Congress under section 2(b)(9).
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