Text of US HB 9734 (2024)

I 118TH CONGRESS 2D SESSION H. R. 9734 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, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 20, 2024 Mr. PAPPAS (for himself, Mr. LEVIN, Ms. JACOBS, Mr. JOHNSON of Georgia, Mr. TORRES of New York, Ms. WILLIAMS of Georgia, Mr. COSTA, Mr. MCGOVERN, Ms. BROWNLEY, Mr. CARTER of Louisiana, Ms. UNDER- WOOD, Mr. ROBERT GARCIA of California, and Mr. POCAN) introduced the following bill; which was referred to the Committee on Veterans’ Af- fairs 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, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing the Rights 4 our Veterans Earned Act’’ or the ‘‘SERVE Act’’. 5 VerDate Sep 11 2014 00:59 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9734.IH H9734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 9734 IH SEC. 2. EXTENSION TO FORMER MEMBERS OF THE ARMED 1 FORCES, DISCHARGED ON THE BASIS OF SEX- 2 UAL ORIENTATION OR GENDER IDENTITY, OF 3 CERTAIN BENEFITS FURNISHED BY THE SEC- 4 RETARY OF VETERANS AFFAIRS. 5 (a) HOSPITAL CARE AND MEDICAL SERVICES.—Sec- 6 tion 1710(a)(2) of title 38, United States Code, is amend- 7 ed— 8 (1) in the matter preceding subparagraph (A), 9 by striking ‘‘any veteran’’; 10 (2) in subparagraph (A), by inserting ‘‘any vet- 11 eran’’ before ‘‘who has’’; 12 (3) in subparagraph (B), by inserting ‘‘any vet- 13 eran’’ before ‘‘whose’’; 14 (4) in subparagraphs (C), (D), and (E), by in- 15 serting ‘‘any veteran’’ before ‘‘who is’’; 16 (5) in subparagraph (F)— 17 (A) by inserting ‘‘any veteran’’ before 18 ‘‘who is’’; and 19 (B) by striking ‘‘; or’’ and inserting a 20 semicolon; 21 (6) in subparagraph (G)— 22 (A) by inserting ‘‘any veteran’’ before 23 ‘‘who is’’; and 24 (B) by striking the period at the end and 25 inserting ‘‘; and’’; and 26 VerDate Sep 11 2014 00:59 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9734.IH H9734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 9734 IH (7) by adding at the end the following new sub- 1 paragraph: 2 ‘‘(H) a former member of the Armed Forces 3 who, by reason of sexual orientation or gender iden- 4 tity (including a diagnosis of gender dysphoria), re- 5 ceived— 6 ‘‘(i) an entry-level separation; 7 ‘‘(ii) a discharge under honorable condi- 8 tions; or 9 ‘‘(iii) a discharge under conditions other 10 than honorable.’’. 11 (b) VET CENTER READJUSTMENT COUNSELING AND 12 RELATED MENTAL HEALTH SERVICES.—Section 1712A 13 of such title is amended— 14 (1) by striking ‘‘clauses (i) through (vii)’’ both 15 places it appears and inserting ‘‘clauses (i) through 16 (ix)’’; 17 (2) by striking ‘‘in clause (viii)’’ both places it 18 appears and inserting ‘‘in clause (ix)’’; and 19 (3) in subsection (a)(1)(C)— 20 (A) by redesignating clause (viii) as clause 21 (ix); and 22 (B) by inserting after clause (vii) the fol- 23 lowing new clause (viii): 24 VerDate Sep 11 2014 00:59 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9734.IH H9734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 9734 IH ‘‘(viii) An individual described in section 1 1710(a)(2)(H) of this title.’’. 2 (c) INTERMENT IN NATIONAL CEMETERIES.—Sec- 3 tion 2402(a) of such title is amended by adding at the 4 end the following new paragraph: 5 ‘‘(11) An individual described in section 6 1710(a)(2)(H) of this title.’’. 7 (d) POST-9/11 EDUCATIONAL ASSISTANCE.—Section 8 3311(b) of such title is amended by adding at the end 9 the following new paragraph: 10 ‘‘(12) An individual described in section 11 1710(a)(2)(H) of this title.’’. 12 (e) HOUSING LOANS.—Section 3702(a)(2) of such 13 title is amended by adding at the end the following new 14 subparagraph: 15 ‘‘(H) Each individual described in section 16 1710(a)(2)(H) of this title.’’. 17 (f) OUTREACH.—The Secretary of Veterans Affairs 18 shall conduct outreach to notify individuals described in 19 section 1710(a)(2)(H) of such title, as added by sub- 20 section (a), and entities including veterans service organi- 21 zations and military service organizations, of benefits 22 available to such individuals under the amendments made 23 by this section. 24 VerDate Sep 11 2014 00:59 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9734.IH H9734 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 9734 IH (g) REPORT.—Not later than 15 months after the 1 date of the enactment of this Act, the Secretary shall sub- 2 mit to the Committees on Veterans’ Affairs of the Senate 3 and House of Representatives a report on benefits pro- 4 vided individuals pursuant to amendments made by this 5 Act during the year after such date. Such report shall in- 6 clude the number of such individuals who received such 7 benefits, disaggregated by demographic categories. 8 Æ VerDate Sep 11 2014 00:59 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H9734.IH H9734 kjohnson on DSK7ZCZBW3PROD with $$_JOB