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Securing the Rights our Veterans Earned Act

H.R. 5170 · 117th Congress · Sep 3, 2021 · Lineage

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.

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.”