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