Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Commission to Study 4 the Stigmatization, Criminalization, and Ongoing Exclu- 5 sion and Inequity for LGBTQ Servicemembers and Vet- 6 erans Act’’. 7 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 2 •S 2188 IS SEC. 2. ESTABLISHMENT AND DUTIES. 1 (a) ESTABLISHMENT.—There is established the Com- 2 mission to Study the Stigmatization, Criminalization, and 3 Ongoing Exclusion and Inequity for LGBTQ Servicemem- 4 bers and Veterans (in this Act referred to as the ‘‘Com- 5 mission’’). 6 (b) DUTIES.—The Commission shall perform the fol- 7 lowing duties: 8 (1) Identify and compile a corpus of informa- 9 tion about the history of military policy regarding 10 homosexuality, from 1778 onward. The Commis- 11 sion’s documentation shall include facts related to— 12 (A) the history of military policy regarding 13 LGBTQ sexual orientation and gender identity, 14 including— 15 (i) ‘‘blue discharges’’ and other forms 16 of discharge based on sexual orientation 17 that rendered former members of the 18 Armed Forces ineligible for veterans’ bene- 19 fits; 20 (ii) military documents published in 21 1942 that linked homosexuality to psy- 22 chopathy; 23 (iii) 1963 Army Regulation 40-501, 24 which banned gender transitioned or 25 transitioning members of the Armed 26 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 3 •S 2188 IS Forces under the reasoning that they were 1 ‘‘mentally unfit’’; and 2 (iv) the Department of Defense direc- 3 tive dated 1981 that unequivocally stated 4 that homosexuality was incompatible with 5 military service and banning all homo- 6 sexual individuals from service; and 7 (B) the arguments that led to the creation 8 of the ‘‘Don’t Ask, Don’t Tell’’ policy, including 9 the claims that openly homosexual members of 10 the military inhibited combat-readiness and unit 11 cohesion. 12 (2) Hold public hearings in such cities of the 13 United States as it finds appropriate, and do com- 14 munity outreach and other public relations efforts in 15 order to advertise such hearings and the opportunity 16 to give testimony. 17 (3) Gather testimonies, written and oral, from 18 LGBTQ members of the Armed Forces and veterans 19 about their experiences, both anonymously and with 20 names given. 21 (4) Examine the impacts that discriminatory 22 policy had on the physical and mental well-being of 23 members of the Armed Forces. 24 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 4 •S 2188 IS (5) Examine the lasting impacts, including psy- 1 chological, financial, and employment-related, that 2 military policy has had on veterans and members of 3 the Armed Forces who were discharged due to their 4 sexual orientation or gender identity. 5 (6) Examine disparate impact that policies such 6 as the ‘‘Don’t Ask, Don’t Tell’’ policy and the 7 Transgender Service Ban had on minority groups in 8 the Armed Forces, particularly racial minorities and 9 women. 10 (7) Recommend appropriate ways to educate 11 the American public about institutionalized and Gov- 12 ernment-sanctioned discrimination. 13 (8) Recommend appropriate remedies to ad- 14 dress findings of the Commission, including how— 15 (A) the Government may offer an apology 16 for enforcing discrimination that led to psycho- 17 logical, emotional, and physical harm of United 18 States troops and their families; 19 (B) discharge upgrades and record amend- 20 ment may be streamlined through the Boards 21 for Correction of Military Records, including 22 improving the transparency and accessibility of 23 records by the members of the Armed Forces to 24 whom they pertain; 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 5 •S 2188 IS (C) the service of LGBTQ individuals in 1 the Armed Forces may be made more visible in 2 materials distributed by the Secretaries of De- 3 fense and Veterans Affairs; 4 (D) diversity and inclusion policies of the 5 Department of Defense may be revised, and 6 how resources may be committed to diversity 7 training; and 8 (E) health care, furnished by such Secre- 9 taries to members of the Armed Forces and for 10 veterans, may include more resources to meet- 11 ing the needs of LGBTQ patients, including im- 12 proved data collection on LGBTQ patients, 13 mental health counseling, and other medical ne- 14 cessities. 15 (9) Submit a written report of its findings to 16 Congress not later than one year after the date of 17 the first meeting of the Commission. 18 SEC. 3. MEMBERSHIP. 19 (a) IN GENERAL.—The Commission shall be com- 20 posed of 16 members, appointed not later than 30 days 21 after the date of the enactment of this Act, as follows: 22 (1) Seven members appointed by the President, 23 at least four of whom shall represent historical soci- 24 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 6 •S 2188 IS eties, nonprofits, research institutions, or advocacy 1 organizations— 2 (A) that represent veterans from a diver- 3 sity of service populations, across age range, 4 tour of service, and era served; and 5 (B) at least two of which represent organi- 6 zations that focus on transgender veterans and 7 members of the Armed Forces. 8 (2) Three members appointed by the Speaker of 9 the House of Representatives, including one member 10 each from— 11 (A) the Committee on Armed Services of 12 the House of Representatives; 13 (B) the Committee on Veterans’ Affairs of 14 the House of Representatives; and 15 (C) the Congressional LGBTQ+ Equality 16 Caucus. 17 (3) Two members appointed by the President 18 pro tempore of the Senate. 19 (4) Two members appointed by the Secretary of 20 Defense. 21 (5) Two members appointed by the Secretary of 22 Veterans Affairs. 23 (b) QUALIFICATIONS.—All members of the Commis- 24 sion shall be persons who are exceptionally qualified to 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 7 •S 2188 IS serve on the Commission by virtue of their education, 1 training, activism, or experience, particularly in the fields 2 of advocating for LGBTQ members of the Armed Forces 3 and veterans. 4 (c) TERMS.—Each member shall be appointed for the 5 life of the Commission. A vacancy in the Commission shall 6 not affect the powers of the Commission and shall be filled 7 in the same manner in which the original appointment was 8 made. 9 (d) FIRST MEETING.—The President shall call the 10 first meeting of the Commission not later than 120 days 11 after the date of the enactment of this Act or 30 days 12 after the date of the enactment of legislation making ap- 13 propriations to carry out this Act, whichever date is later. 14 (e) QUORUM.—Nine members of the Commission 15 shall constitute a quorum, but a lesser number may hold 16 hearings. 17 (f) CHAIR AND VICE CHAIR.—The Commission shall 18 elect a Chair and Vice Chair from among its members. 19 The term of office for each shall be for the life of the 20 Commission. 21 (g) COMPENSATION.— 22 (1) IN GENERAL.—Except as provided in para- 23 graph (2), each member of the Commission shall be 24 compensated at a rate equal to the daily equivalent 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 8 •S 2188 IS of the annual rate of basic pay established for a po- 1 sition at level V of the Executive Schedule under 2 section 5316 of title 5, United States Code, for each 3 day (including travel time) during which such mem- 4 ber is engaged in the performance of duties vested 5 in the Commission. 6 (2) FEDERAL EMPLOYEES.—A member of the 7 Commission who is a full-time officer or employee of 8 the United States or a Member of Congress shall re- 9 ceive no additional pay, allowances, or benefits by 10 reason of the member’s service to the Commission. 11 (3) TRAVEL EXPENSES.—All members of the 12 Commission shall be reimbursed for travel, subsist- 13 ence, and other necessary expenses incurred by the 14 members in the performance of their duties to the 15 extent authorized by chapter 57 of title 5, United 16 States Code. 17 SEC. 4. POWERS OF THE COMMISSION. 18 (a) HEARINGS AND MEETINGS.—The Commission 19 may, for the purpose of carrying out the provisions of this 20 Act, hold such hearings and meet and act at such times 21 and at such places in the United States, and request the 22 attendance and testimony of such witnesses and the pro- 23 duction of such books, records, correspondence, memo- 24 randa, papers, and documents, as the Commission con- 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 9 •S 2188 IS siders appropriate. The Commission may invoke the aid 1 of an appropriate United States district court to require, 2 by subpoena or otherwise, such attendance, testimony, or 3 production. 4 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 5 Any subcommittee or member of the Commission may, if 6 authorized by the Commission, take any action which the 7 Commission is authorized to take under this section. 8 (c) OBTAINING OFFICIAL DATA.—The Commission 9 may acquire directly from the head of any department, 10 agency, or instrumentality of the executive branch of the 11 Federal Government, available information which the 12 Commission considers useful in the discharge of its duties. 13 All departments, agencies, and instrumentalities of the ex- 14 ecutive branch of the Government shall cooperate with the 15 Commission with respect to such information and shall 16 furnish all information requested by the Commission to 17 the extent permitted by law. 18 SEC. 5. ADMINISTRATIVE PROVISIONS. 19 (a) STAFF.—The Commission may, without regard to 20 the civil service laws and regulations, appoint and fix the 21 compensation of such personnel as the Commission con- 22 siders appropriate. 23 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE 24 LAWS.—The personnel of the Commission may be ap- 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 10 •S 2188 IS pointed without regard to the provisions of title, United 1 States Code, governing appointments in the competitive 2 service, and without regard to the provisions of chapter 3 51 and subchapter III of chapter 53 of such title, relating 4 to classification and General Schedule pay rates, except 5 that the rate of basic pay of any employee of the Commis- 6 sion may not exceed the rate of basic pay established for 7 a position at level V of the Executive Schedule under sec- 8 tion 5316 of such title. 9 (c) EXPERTS AND CONSULTANTS.—The Commission 10 may procure the services of experts and consultants in ac- 11 cordance with the provisions of section 3109(b) of title 5, 12 United States Code, but at rates for individuals not to 13 exceed the daily equivalent of the annual rate of basic pay 14 established for a position at level V of the Executive 15 Schedule under section 5316 of such title. 16 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 17 Commission may enter into agreements with the Adminis- 18 trator of General Services for procurement of financial 19 and administrative services necessary for the discharge of 20 the duties of the Commission. Payment for such services 21 shall be made by reimbursement from funds of the Com- 22 mission in such amounts as may be agreed upon by the 23 Chairman of the Commission and the Administrator. 24 (e) CONTRACTS.—The Commission may— 25 VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS 11 •S 2188 IS (1) procure supplies, services, and property by 1 contract in accordance with applicable laws and reg- 2 ulations and to the extent or in such amounts as are 3 provided in appropriations Acts; and 4 (2) enter into contracts with departments, 5 agencies, and instrumentalities of the Federal Gov- 6 ernment, State agencies, and private firms, institu- 7 tions, and agencies, for the conduct of research or 8 surveys, the preparation of reports, and other activi- 9 ties necessary for the discharge of the duties of the 10 Commission, to the extent or in such amounts as are 11 provided in appropriations Acts. 12 SEC. 6. TERMINATION. 13 The Commission shall terminate 90 days after the 14 date on which the Commission submits its report to Con- 15 gress under section 2(b)(9). 16 Æ VerDate Sep 11 2014 02:15 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S2188.IS S2188 ctelli on DSK11ZRN23PROD with BILLS