I 
117TH CONGRESS 
1ST SESSION H. R. 5170 
To amend title 38, United States Code, to extend to former members of 
the Armed Forces, discharged on the basis of sexual orientation or 
gender identity, certain benefits furnished by the Secretary of Veterans 
Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 3, 2021 
Mr. PAPPAS (for himself, Mr. LEVIN of California, Miss RICE of New York, 
Mr. BROWN, Ms. SPEIER, Mr. TAKANO, Mr. CICILLINE, Mr. JOHNSON 
of Georgia, Ms. SCHAKOWSKY, Ms. PINGREE, Mr. COSTA, Mrs. CAROLYN 
B. MALONEY of New York, Ms. LOIS FRANKEL of Florida, Mr. GARCI´A 
of Illinois, Mr. HORSFORD, Mr. PETERS, Ms. TITUS, Ms. DEAN, Ms. 
LOFGREN, Mr. WELCH, Mr. LOWENTHAL, Ms. LEE of California, Ms. JA-
COBS of California, Ms. UNDERWOOD, Mr. KILMER, Mrs. HAYES, Mr. 
NADLER, Ms. PORTER, Mr. JONES, Mrs. KIRKPATRICK, Ms. BROWNLEY, 
Ms. MOORE of Wisconsin, Mr. AUCHINCLOSS, Mr. BOWMAN, Ms. SCAN-
LON, Mrs. DEMINGS, Ms. MENG, Mr. TRONE, Ms. WILLIAMS of Georgia, 
Mr. MCGOVERN, Ms. HOULAHAN, Ms. ESHOO, Mr. SOTO, Mr. SEAN PAT-
RICK MALONEY of New York, Mr. GREEN of Texas, Ms. KUSTER, and 
Ms. WEXTON) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to extend to former 
members of the Armed Forces, discharged on the basis 
of sexual orientation or gender identity, certain benefits 
furnished by the Secretary of Veterans Affairs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing the Rights 
our Veterans Earned Act’’ or the ‘‘SERVE Act’’. 
SEC. 2. EXTENSION TO FORMER MEMBERS OF THE ARMED 
FORCES, DISCHARGED ON THE BASIS OF SEX-
UAL ORIENTATION OR GENDER IDENTITY, OF 
CERTAIN BENEFITS FURNISHED BY THE SEC-
RETARY OF VETERANS AFFAIRS. 
(a) HOSPITAL CARE AND MEDICAL SERVICES.—Sec-
tion 1710(a)(2) of title 38, United States Code, is amend-
ed— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘any veteran’’; 
(2) in subparagraph (A), by inserting ‘‘any vet-
eran’’ before ‘‘who has’’; 
(3) in subparagraph (B), by inserting ‘‘any vet-
eran’’ before ‘‘whose’’; 
(4) in subparagraphs (C), (D), and (E), by in-
serting ‘‘any veteran’’ before ‘‘who is’’; 
(5) in subparagraph (F)— 
(A) by inserting ‘‘any veteran’’ before 
‘‘who was’’; and 
(B) by striking ‘‘; or’’ and inserting a 
semicolon; 
(6) in subparagraph (G)— 
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(A) by inserting ‘‘any veteran’’ before 
‘‘who is’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(7) by adding at the end the following new sub-
paragraph: 
‘‘(H) a former member of the Armed Forces 
who, by reason of sexual orientation or gender iden-
tity (including a diagnosis of gender dysphoria), re-
ceived— 
‘‘(i) an entry-level separation; 
‘‘(ii) a discharge under honorable condi-
tions; or 
‘‘(iii) a discharge under conditions other 
than honorable.’’. 
(b) VET CENTER READJUSTMENT COUNSELING AND 
RELATED
MENTAL
HEALTH
SERVICES.—Section 
1712A(a)(1)(C) of such title is amended by adding at the 
end the following new clause: 
‘‘(viii) An individual described in section 
1710(a)(2)(H) of this title.’’. 
(c) INTERMENT IN NATIONAL CEMETERIES.—Sec-
tion 2402(a) of such title is amended by adding at the 
end the following new paragraph: 
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‘‘(11) An individual described in section 
1710(a)(2)(H) of this title.’’. 
(d) POST-9/11 EDUCATIONAL ASSISTANCE.—Section 
3311(b) of such title is amended by adding at the end 
the following new paragraph: 
‘‘(12) An individual described in section 
1710(a)(2)(H) of this title.’’. 
(e) HOUSING LOANS.—Section 3702(a)(2) of such 
title is amended by adding at the end the following new 
subparagraph: 
‘‘(H) Each individual described in section 
1710(a)(2)(H) of this title.’’. 
Æ 
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