H.R. 7238 — Commission on Equity and Reconciliation in the Uniformed Services Act

This section establishes the Commission on Equity and Reconciliation in the Uniformed Services. The Commission must (1) compile documentation on the history and effects of uniformed services policies regarding LGBTQ+ sexual orientation and gender identity since World War II, including impacts on VA benefits eligibility; (2) hold public hearings, conduct outreach, and gather testimonies from LGBTQ+ servicemembers and veterans; (3) examine policy impacts on physical/mental wellbeing, suicidality, homelessness, racial/gender disparities, non-LGBTQ+ individuals targeted by perception, dependents, healthcare denials (including gender dysphoria treatments), and force readiness costs; and (4) collect data on involuntary demographic changes (e.g., gender markers) in DoD/VA systems and on discharge/reentry codes affecting employment/benefits access. The Commission must also recommend public education on discrimination; federal apologies; DoD compensation (e.g., back pay, reinstatement); restored gender-affirming care; streamlined discharge upgrades; increased visibility of LGBTQ+ service; revised diversity policies and training; enhanced LGBTQ+-specific healthcare/benefits resources (e.g., data collection, mental health); and review of burial rights denials. The Commission must submit a report to Congress within one year of its first meeting.

This section establishes a 15-member commission with appointments as follows: (1) one each by the chair and ranking member of the House Armed Services and Veterans' Affairs Committees and the Senate Armed Services and Veterans' Affairs Committees (8 total); (2) two by the Secretary of Defense; (3) two by the Secretary of Veterans Affairs; (4) one by the Secretary of Homeland Security; (5) one by the Secretary of Commerce (representing NOAA); and (6) one by the Secretary of Health and Human Services (representing the Public Health Service). All members must be exceptionally qualified, particularly in advocating for LGBTQ+ members of the uniformed services; terms last for the life of the commission, with vacancies filled in the same manner as original appointments; the President must call the first meeting within 30 days of enactment or appropriations; eight members constitute a quorum; the commission elects its chair and vice chair for the life of the commission; and members may receive compensation at a daily equivalent of Level IV of the Executive Schedule (5 U.S.C. §5315)—the pay scale for positions such as certain assistant secretaries—for days engaged in duties (with no additional pay for full-time federal employees or Members of Congress) plus travel expenses.

This section authorizes the Commission, including its subcommittees and members, to hold hearings and sessions; request witness attendance, testimony, and production of documents, enforceable by U.S. district court subpoena; and obtain information directly from executive branch departments, agencies, and instrumentalities, which must cooperate to the extent permitted by law.

This section authorizes the Commission to appoint staff and fix their compensation without regard to civil service laws, with pay rates not exceeding level V of the Executive Schedule under 5 U.S.C. §5316; procure experts and consultants under 5 U.S.C. §3109(b) at daily rates not exceeding the equivalent of level V Executive Schedule pay; enter agreements with the General Services Administration for administrative services, payable by reimbursement; and enter contracts for supplies, services, property, research, and other activities necessary to its duties, subject to applicable laws and appropriations.

This section terminates the Commission and all authorities of this title 90 days after submission of the final report under section 2. It authorizes the Commission to use that 90-day period to conclude activities, including providing testimony to congressional committees concerning its reports and disseminating the final report.

This section authorizes appropriations of such sums as are necessary to carry out the Act. It provides that such amounts remain available until the termination of the Commission.

This section defines, for purposes of this Act, the term “servicemember” (as defined in section 101 of the Servicemembers Civil Relief Act, 50 U.S.C. 3911, i.e., certain active duty members of the uniformed services) and the term “uniformed services” (as defined in 10 U.S.C. 101(5), i.e., the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the Public Health Service).