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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3691 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3691
To establish the Commission on Equity and Reconciliation in the
Uniformed Services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2026
Mr. Blumenthal 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 policies
regarding 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 how discriminatory practices contributed to
suicidality and homelessness among LGBTQ+ veterans.
(7) 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.
(8) 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.
(9) Examine the impacts that discriminatory policies
related to sexual orientation and gender identity have had on
the dependents of servicemembers and veterans.
(10) Examine the immediate and long-term impacts that the
denial, on the bases of policies and directives of the
Department of Defense and of the Department of Veteran Affairs,
of medically necessary healthcare, including denial of
treatments for gender dysphoria, has had on servicemembers and
veterans.
(11) Examine and quantify the impacts that discriminatory
policies and directives related to sexual orientation and
gender identity from the Department of Defense have on force
readiness, including the cost of retraining and replacing
individuals who were separated from the uniformed services for
reasons related to their real or perceived sexual orientation
or gender identity.
(12) Collect information on the effects of changes to
individuals' demographic data (including gender markers),
without the consent of the individuals, in databases and
systems of the Department of Defense and the Department of
Veterans Affairs (including the Defense Enrollment Eligibility
Reporting System).
(13) Collect information on--
(A) the codes under which individuals were
separated from the uniformed services on the basis of
the individual's real or perceived sexual orientation
or gender identity; and
(B) the effect that such codes had on the access of
servicemembers and veterans to employment and other
benefits.
(14) Recommend appropriate ways to educate the American
public about institutionalized and government-sanctioned
discrimination.
(15) 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 the Department of Defense may seek to
properly compensate severed servicemembers for lost
time, professional opportunities, access to benefits,
and other impacts, with compensation including backpay,
reinstatement, benefits reinstatement, or other
opportunities;
(C) how the Department of Defense and the
Department of Veterans' Affairs can restore gender
affirming services and care to servicemembers,
veterans, and other beneficiaries;
(D) 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;
(E) 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;
(F) how diversity and inclusion policies of the
Department of Defense may be revised, including how
resources may be committed to diversity training;
(G) 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
(H) 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.
(16) 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 5, 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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