Title: SERVE Act
Policy area: Armed Forces and National Security

Summary:
Securing the Rights our Veterans Earned Act or the SERVE Act
This bill provides eligibility for specified Department of Veterans Affairs benefits to former members of the Armed Forces who were separated or discharged (honorably or otherwise) by reason of sexual orientation or gender identity.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5170 Introduced in House (IH)]

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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. Garcia of 
 Illinois, Mr. Horsford, Mr. Peters, Ms. Titus, Ms. Dean, Ms. Lofgren, 
    Mr. Welch, Mr. Lowenthal, Ms. Lee of California, Ms. Jacobs 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. Scanlon, Mrs. Demings, Ms. 
 Meng, Mr. Trone, Ms. Williams of Georgia, Mr. McGovern, Ms. Houlahan, 
Ms. Eshoo, Mr. Soto, Mr. Sean Patrick 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 Representatives of the 
United States of America in Congress assembled,

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 SEXUAL ORIENTATION OR GENDER IDENTITY, OF 
              CERTAIN BENEFITS FURNISHED BY THE SECRETARY OF VETERANS 
              AFFAIRS.

    (a) Hospital Care and Medical Services.--Section 1710(a)(2) of 
title 38, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``any veteran'';
            (2) in subparagraph (A), by inserting ``any veteran'' 
        before ``who has'';
            (3) in subparagraph (B), by inserting ``any veteran'' 
        before ``whose'';
            (4) in subparagraphs (C), (D), and (E), by inserting ``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)--
                    (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 subparagraph:
            ``(H) a former member of the Armed Forces who, by reason of 
        sexual orientation or gender identity (including a diagnosis of 
        gender dysphoria), received--
                    ``(i) an entry-level separation;
                    ``(ii) a discharge under honorable conditions; 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.--Section 2402(a) of such 
title is amended by adding at the end the following new paragraph:
            ``(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.''.
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