VA LGBTQ+ Advisory Committee Bill Adds More Cosponsors but NSTR So Far

UPDATE: 04/11/2022

Since the last update in September 2021, H.R. 4845 added three cosponsors and

  • Rep. Chrissy Houlahan (D-PA-6)
  • Rep. Kaiali’i Kahele (D-HI-2)
  • Rep. Carolyn B. Maloney (D-NY-12)

On 09/09/2021, the bill was referred to the Subcommittee on Oversight & Investigations.

On 11/04/2021, it was discharged from the subcommittee. There was additional action on 11/04/2021 but nothing significant to report.

UPDATE: 09/03/2021

A bill summary was added to H.R. 4845:

This bill establishes the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans to consult with the Department of Veterans Affairs regarding the administration of benefits for lesbian, gay, bisexual, transgender, and queer (LGBTQ) veterans, reports and studies pertaining to LGBTQ veterans, and the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs.

UPDATE: 08/18/2021

On August 17, 2021, H.R. 4845, added six cosponsors to the growing list that includes 10 others who were onboard when the bill was introduced on July 29, 2021. The new cosponsors are:

  • Rep. Julia Brownley (D-CA-26)
  • Rep. Raul M. Grijalva (D-AZ-3)
  • Rep. Seth Moulton (D-MA-6)
  • Rep. Mark Takano (D-CA-41)
  • Rep. Dina Titus (D-NV-1)
  • Rep. Jennifer Wexton (D-VA-10)

Text of the bill was also uploaded and is available for viewing here or below:

To amend title 38, United States Code, to establish the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF ADVISORY COMMITTEE ON LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER VETERANS.

(a) Establishment.–Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:

“Sec. 548. Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans

“(a) Establishment.–There is in the Department the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans (in this section referred to as `the Committee’). “(b) Membership.
–(1) The Committee shall consist of members appointed by the Secretary from the general public, including–
“(A) representatives of LGBTQ veterans;
“(B) individuals who are recognized authorities in fields pertinent to the needs of LGBTQ veterans, including the specific health-care needs of LGBTQ veterans;
“(C) representatives of LGBTQ veterans with service-connected disabilities, including at least one lesbian, gay, or bisexual veteran with a service-connected disability, and at least one transgender veteran with a service-connected disability;
“(D) veterans who are minority group members, as defined in section 544 of this title; and
“(E) LGBTQ veterans who are recently separated from service in the Armed Forces, including veterans who were involuntarily separated from the Armed Forces due to being LGBTQ.
“(2) The Committee shall include, as ex officio members–
“(A) the Secretary of Labor (or the designee of the Secretary of Labor after consultation with the Assistant Secretary of Labor for Veterans’ Employment);
“(B) the Secretary of Defense (or the designee of the Secretary of Defense);
“(C) the Under Secretary for Health (or the designee of such Under Secretary); and
“(D) the Under Secretary for Benefits (or the designee of such Under Secretary).
“(3) The Secretary may invite representatives of other Federal departments and agencies to participate in the meetings and other activities of the Committee.
“(4) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service.
“(5) The Committee shall meet as often as the Secretary determines necessary or appropriate, but not less often than twice each fiscal year.
“(c) Consultation.–The Secretary shall consult regularly with and seek the advice of the Committee with respect to the administration of benefits by the Secretary for LGBTQ veterans, reports and studies pertaining to LGBTQ veterans and the needs of LGBTQ veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Secretary, including the Center for Women Veterans and Center for Minority Veterans.
“(d) Reporting.
–(1) Not later than July 1 of each even-numbered year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to LGBTQ veterans. Each such report shall include–
“(A) an assessment of the needs of LGBTQ veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Secretary;
“(B) a review of the programs and activities of the Department designed to meet such needs; and
“(C) such recommendations (including recommendations for administrative and legislative action) as the Committee determines appropriate.
“(2) The Secretary shall, not later than 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary determines appropriate.
“(3) The Committee may also submit to the Secretary such other reports and recommendations the Committee determines appropriate.
“(4) The Secretary shall submit, with each annual report submitted to Congress pursuant to section 529 of this title, a summary of all reports and recommendations of the Committee received by the Secretary since the previous such annual report.
“(e) LGBTQ Defined.–In this section, the term `LGBTQ’ means lesbian, gay, bisexual, transgender, or queer.”.
(b) Clerical Amendment.–The table of sections at the beginning of such chapter is amended by adding after the item relating to section 547 the following new item:

“548. Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans.”.


Last week, New Hampshire Congressman Chris Pappas announced that he had introduced a bill in the House to create an LGBTQ+ Veterans advisory committee at the Department of Veterans Affairs (VA).

H.R. 4845, To amend title 38, United States Code, to establish the Advisory Committee on Lesbian, Gay, Bisexual, Transgender, and Queer Veterans, would create a committee that would “reflect the diversity and unique needs of the LGBTQ+ veterans community by including professionals in fields related to health care and other needs unique to LGBTQ+ veterans, at least one lesbian, gay, or bisexual veteran with a service-connected disability, at least one transgender veteran with a service-connected disability, minority LGBTQ+ Veterans, and LGBTQ+ Veterans who have been both voluntarily and involuntarily separated from service.”

Additionally, the community would be tasked to assess the needs of LGBTQ+ Veterans with respect to the VA’s benefits and programs and to recommend improvements and adjustments to best meet the needs of LGBTQ+ Veterans.

H.R. 4845 differs from H.R. 1596, introduced in March 2021, in that it specifically pertains to LGBTQ+ Veterans and the VA whereas H.R. 1596 seeks to establish a commission to conduct an investigation into the history and ongoing impacts of the military’s discriminatory policies and practices on LGBTQ+ Servicemembers and Veterans. At this time, H.R. 1596 has been gathering cosponsors and has not moved forward for consideration or votes. The SITREP is tracking H.R. 1596’s progress in the Congress and will be tracking H.R. 4845.

LGBTQ+ Veterans, whether they served during the ‘Don’t Ask, Don’t Tell’ era, in the years following, or more recently during the Trump administration’s transgender military ban, all face unique challenges after separation or retirement,” Pappas said in a statement. Their voices “need to be heard and effectively represented at the highest levels of VA.”

H.R. 4845 has the support of the Minority Veterans of America (MVA), Out in National Security, and the Modern Military Association of America (MMAA).

Congressman Pappas is a co-chair of the LGBTQ Equality Caucus and is the first openly gay member of Congress from New Hampshire. Along with 10 other openly LGBTQ+ members, he was part of the most diverse group of LGBTQ+ members of Congress the country has seen.

LGBTQ+ Servicemember/Veteran Bill has 26 Cosponsors, Still No Movement


H.R.1596, To establish the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans

Update (07/19/2021)

Since the last update, H.R. 1526 has continued to garner more cosponsors; however, no additional action has been taken to move the legislation forward. Below are the House members who have joined in support of the bill:

  • Representative Jake Auchincloss (D-MA4)
  • Representative Jamaal Bowman (D-NY16)
  • Representative Ed Case (D-HI1)
  • Representative Kathy Castor (D-FL14)
  • Representative Daniel T. Kildee (D-MI5)
  • Representative Scott H. Peters (D-CA52)
  • Representative Marilyn Strickland (D-WA10)

H.R. 1526 now has 26 cosponsors, all Democratic.

Update (06/15/2021)

Progress on H.R. 1596 has been slow and updates are few. Last week, on 06/11/2021, the bill added another cosponsor:

  • Representative William R. Keating (D-MA9)

Cosponsors continue to be only Democrat; to date, no GOP members have signed on to support.

Update (05/13/2021)

A bill summary was added today:

This bill establishes the Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans. The Commission must identify and compile information about the history of military policy regarding homosexuality from 1778 onward, including regarding lesbian, gay, bisexual, transgender, and queer (LGBTQ) sexual orientation and gender identity.

The Commission must hold public hearings, gather public testimony, examine lasting and disparate impacts of the discriminatory policies on the physical and mental well-being of members of the Armed Forces, and make recommendations on appropriate remedies.

Bill summaries are defined as “Upon introduction of a bill or resolution in the House or Senate, legislative analysts in the Congressional Research Service of the Library of Congress write a short summary that objectively describes the measure’s significant provisions. Introduced version summaries are subject to length limitations as a matter of policy. When a measure receives action (e.g., it is reported from a committee or passed by the House or Senate), the analysts then write an expanded summary, detailing the measure’s effect upon programs and current law. Bill summaries are written as a result of a congressional action and may not always correspond to a document published by the Government Publishing Office. A final public law summary is prepared upon enactment into law. Each summary description identifies the date and version of the measure: e.g., Passed House (03/08/2019).”

Update (04/29/2021)

Over a month and a half after H.R. 1596 was introduced in the House of Representatives, the bill has garnered support from 18 House members. Today, the official text of the bill was uploaded onto the Congress’ legislative site.

Click here to read or here to download.

Update (04/27/2021)

On April 15, 2021, two additional House Representatives signed on to support/cosponsor H.R. 1596:

  • Representative Jim Costa (D-CA16)
  • Representative Marie Newman (D-IL3)

This brings the number of cosponsors to 18 so far. There has been no further action on advancing the bill.

Update (04/12/2021)

On April 8, 2021, four more House Representatives signed on to support/cosponsor H.R. 1596; they are:

  • Representative Henry C. “Hank” Johnson, Jr. (D-GA4)
  • Representative Ann Kirkpatrick (D-AZ2)
  • Representative Mark Pocan (D-WI2)
  • Representative Ritchie Torres (D-NY15)

Update (03/29/2021)

On March 23, 2021, 11 House Representatives signed on to support/cosponsor H.R. 1596; they are:

  • Representative Judy Chu (D-CA27)
  • Representative David N. Cicilline (D-RI1)
  • Representative Sharice Davis (D-KS3)
  • Representative Mike Levin (D-CA49)
  • Representative Alan S. Lowenthal (D-CA47)
  • Representative James P. McGovern (D-MA2)
  • Delegate Eleanor Holmes Norton (D-DC-At Large)
  • Representative Tim Ryan (D-OH13)
  • Representative Mary Gay Scanlon (D-PA5)
  • Representative Albio Sires (D-NJ8)
  • Representative Dina Titus (D-NV1)

UPDATE (03/19/2021)

As of March 19th, 2021, H.R. 1596 remains in referral to the Armed Services and Veterans’ Affairs committees; no actions have been taken to address or advance the legislation.

UPDATE (03/14/2021)

As of March 14th, 2021, no action has been taken regarding H.R. 1596. The last update was on 03/03/2021 when the bill was introduced. Congress’ website shows the following:

“Referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Action By: House of Representatives”

Original Post (03/07/2021)

Last week, Rep. Mark Takano (D-CA), Chair of the House Committee on Veterans’ Affairs and co-Chair of the Equality Caucus, and Rep. Anthony Brown (D-MD) introduced the Commission on LGBTQ Servicemembers and Veterans Act in the House, legislation that would establish a commission to conduct an investigation into the historic and ongoing impacts of discriminatory military policies and practices on LGBTQ servicemembers and veterans. Senator Richard Blumenthal (D-CT) will be introducing companion legislation in the Senate in the coming weeks.

“For many generations, LGBTQ Americans have stepped up to serve our country in uniform, even when discriminatory policies prevented them from serving openly and when facing higher rates of harassment just for being who they are,” said Chairman Mark Takano. “Many served in our military while hiding their identity, while others were discharged simply because they were LGBTQ. Our nation must reckon with the effects of discriminatory military policies and undo the damage that has been done. Establishing this commission would help Americans understand the effects of anti-LGBTQ military policies, provide a path forward to rectify the injustices, and help create a welcoming culture for LGBTQ servicemembers and veterans in the military and at VA. I’d like to thank Rep. Brown and Senator Blumenthal for their partnership on this important issue.” 

“No one should be denied the opportunity to serve our country because of who they love or who they are. For far too long, LGBTQ+ servicemembers experienced discrimination, harassment, lost opportunities and violence because of their identity. Military policy and practice were wrong then and contributed to this unacceptable environment, a fact that our country must acknowledge in order to move forward,” said Congressman Anthony Brown. “Our country’s diversity is our military’s greatest strength. By acknowledging and providing redress for past discrimination, we can better foster inclusivity within the ranks, improve unit cohesion and readiness.”

“The commission established by this legislation would be a first step in undoing the damage to our LGBTQ servicemembers and veterans done by harmful policies like ‘Don’t Ask, Don’t Tell.’ I’m proud to lead this bill in the Senate and ensure a more equitable future for all of our nation’s bravest,” said Senator Richard Blumenthal.

For decades, LGBTQ members of the U.S. military and veterans faced discrimination stemming from official military policies including “Don’t Ask, Don’t Tell” and the Trans Military Ban. The Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans Act, otherwise known as the Commission on LGBTQ Servicemembers and Veterans Act, would launch a comprehensive study on the effects of discriminatory military policies on affected servicemembers, their families, and their units to help America learn the full extent of the harm caused by these policies and the status of protections for LGBTQ servicemembers today.

Approximately 114,000 servicemembers were discharged on the basis of their sexual orientation between WWII and 2011, while an estimated 870,000 LGBTQ veterans have been impacted by “hostility, harassment, assaultive behavior, and law enforcement targeting” by discriminatory military policies.

To this day, many LGBTQ veterans who were discharged on discriminatory grounds are unable to access their VA benefits, and those still serving face inconsistent protections that make them vulnerable to harassment and put their careers at risk.

“Too often LGBTQ servicemembers and veterans face discrimination, ostracization, and harassment as a result of inadequate and inequitable military policy and practice. The Commission to Study the Stigmatization, Criminalization, and Ongoing Exclusion and Inequity for LGBTQ Servicemembers and Veterans Act will be an important step forward to identify disparities in services and benefits, and provide recommendations to support servicemembers, veterans and their families moving forward. We thank Chairman Mark Takano, Rep. Anthony Brown, and Senator Blumenthal for their leadership to help ensure equity for all LGBTQ patriots who wish to proudly serve their nation,” said Human Rights Campaign President Alphonso David.

“As the country continues to come to grips with its history of systemic discrimination, MVA is grateful to see this Bill taking a deep dive into the inequity experienced by LGBTQ veterans and servicemembers every day,” said Andy Blevins, Minority Veterans of America‘s Operations and Finance Director. “This legislation is a critical step forward towards ending disparities in equality and creating a just world for marginalized, underserved, and underrepresented service members and veterans. We look forward to championing its progress and hope Congress quickly passes it and delivers it to President Biden’s desk for signature in short order.” 

“As the nation’s largest LGBTQ military and veteran non-profit, the Modern Military Association of America fully supports and endorses this act. Discrimination, harassment and violence have plagued the LGBTQ military community for decades and a formal commission to study and understand the detrimental impacts of harmful policies and behaviors is long overdue,” said Jennifer Dane, Executive Director, Modern Military Association of America.

There are currently 250,000 active duty LGBTQ servicemembers and over 1.5 million LGBTQ veterans receiving healthcare from VA. But there continues to be a pervasive lack of data collection on LGBTQ servicemember and veteran populations, and an absence of education for both members of the military and the general public about members of the LGBTQ community who serve in uniform. This legislation seeks to address that.

The Commission on LGBTQ Servicemembers and Veterans Act would:

  • Establish a commission to conduct a fact-finding investigation, which will include the collection of testimonies from servicemembers, veterans, families, advocacy organizations, government agencies, and others; 
  • Make recommendations to Congress for a path forward that various government agencies, service providers, and the military should follow to ensure equity for LGBTQ+ Americans who wish to serve.

This legislation is supported by the Human Rights Campaign, Minority Veterans of America, and Modern Military Association of America.

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