H.R. 5635

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5635 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5635

To amend title 38, United States Code, to prohibit discrimination on 
the basis of gender identity in connection with the furnishing of 
health care under laws administered by the Secretary of Veterans 
Affairs, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 30, 2025

Mr. Kennedy of New York (for himself, Mr. Takano, Ms. Norton, Ms. 
Balint, Mrs. Ramirez, Ms. Ansari, Ms. Velazquez, Ms. Tlaib, Mr. Tonko, 
Mr. Krishnamoorthi, Ms. Williams of Georgia, Mr. Walkinshaw, Ms. 
Brownley, Ms. Ocasio-Cortez, Ms. Chu, Ms. Craig, and Mr. Thanedar) 
introduced the following bill; which was referred to the Committee on 
Veterans' Affairs

_______________________________________________________________________

A BILL

To amend title 38, United States Code, to prohibit discrimination on 
the basis of gender identity in connection with the furnishing of 
health care under laws administered by the Secretary of Veterans 
Affairs, and for other purposes.

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 ``Veterans Healthcare Equality Act of 
2025''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Transgender veterans have served our country with honor 
and deserve to receive the health benefits such veterans are 
entitled to free from discrimination, including free from 
intentional and repeated misgendering.
(2) Treatments for gender dysphoria are medically necessary 
and supported by every major U.S. medical association.
(3) Prohibitions on sex discrimination, including in 
Section 1557 of the Patient Protection and Affordable Care Act 
(42 U.S.C. 10822(b)), prohibit discrimination on the basis of 
gender identity.
(4) Despite these protections, the Department of Veterans 
Affairs has taken steps to discriminate against transgender 
veterans in the provision of health care, including by the 
rescission of the transmittal sheet of the Veterans Health 
Administration published on May 23, 2018, titled ``Providing 
Health Care for Transgender and Intersex Veterans'' (VHA 
Directive 1341(4)) and phasing out treatments for gender 
dysphoria.
(5) Explicit nondiscrimination protections for transgender 
veterans in healthcare services will ensure the Department 
fulfills its legal obligation to provide health care services, 
including treatments for gender dysphoria, free from 
discrimination.

SEC. 3. PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF GENDER 
IDENTITY IN CONNECTION WITH FURNISHING OF HEALTH CARE 
UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS 
AFFAIRS.

(a) In General.--Subchapter I of chapter 17 of title 38, United 
States Code is amended by adding at the end the following new section 
(and conforming the table of contents at the beginning of such chapter 
accordingly):
``Sec. 1709D. Prohibition against discrimination on the basis of gender 
identity
``(a) In General.--In carrying out this chapter, the Secretary of 
Veterans Affairs--
``(1) may not--
``(A) discriminate on the basis of gender identity; 
or
``(B) deny a person a medically-necessary treatment 
for gender dysphoria prescribed to the individual by a 
health care provider; and
``(2) shall ensure that no person is discriminated against 
on such basis in connection with the furnishing of hospital 
care, medical services, or extended care services under this 
chapter.
``(b) Quarterly Briefings.--Not later than 90 days after the date 
of the enactment of the Veterans Healthcare Equality Act of 2025, and 
not less frequently than on a quarterly basis thereafter, the Secretary 
shall provide to the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a briefing with respect to the 
furnishing of hospital care, medical services, and extended care 
services under this chapter to transgender veterans during the period 
covered by the briefing.''.
(b) Briefing Required.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
provide to the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a briefing with respect to the 
implementation by the Secretary of the amendment made by subsection 
(a).
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