[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2863 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2863

    To establish the Commission on Equity and Reconciliation in the 
                          Uniformed Services.


_______________________________________________________________________


                   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.

    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 on Equity and 
Reconciliation in the Uniformed Services Act''.

SEC. 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.

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 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.

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 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.

    (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.

SEC. 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.

SEC. 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.
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