Text of US HB 5635 (2025)

I 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. VELA´ZQUEZ, 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 re- ferred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to prohibit discrimi- nation on the basis of gender identity in connection with the furnishing of health care under laws adminis- tered 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 ‘‘Veterans Healthcare 4 Equality Act of 2025’’. 5 VerDate Sep 11 2014 04:03 Oct 02, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5635.IH H5635 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 5635 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Transgender veterans have served our coun- 3 try with honor and deserve to receive the health ben- 4 efits such veterans are entitled to free from discrimi- 5 nation, including free from intentional and repeated 6 misgendering. 7 (2) Treatments for gender dysphoria are medi- 8 cally necessary and supported by every major U.S. 9 medical association. 10 (3) Prohibitions on sex discrimination, includ- 11 ing in Section 1557 of the Patient Protection and 12 Affordable Care Act (42 U.S.C. 10822(b)), prohibit 13 discrimination on the basis of gender identity. 14 (4) Despite these protections, the Department 15 of Veterans Affairs has taken steps to discriminate 16 against transgender veterans in the provision of 17 health care, including by the rescission of the trans- 18 mittal sheet of the Veterans Health Administration 19 published on May 23, 2018, titled ‘‘Providing Health 20 Care for Transgender and Intersex Veterans’’ (VHA 21 Directive 1341(4)) and phasing out treatments for 22 gender dysphoria. 23 (5) Explicit nondiscrimination protections for 24 transgender veterans in healthcare services will en- 25 sure the Department fulfills its legal obligation to 26 VerDate Sep 11 2014 04:03 Oct 02, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5635.IH H5635 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 5635 IH provide health care services, including treatments for 1 gender dysphoria, free from discrimination. 2 SEC. 3. PROHIBITION AGAINST DISCRIMINATION ON THE 3 BASIS OF GENDER IDENTITY IN CONNECTION 4 WITH FURNISHING OF HEALTH CARE UNDER 5 LAWS ADMINISTERED BY THE SECRETARY OF 6 VETERANS AFFAIRS. 7 (a) IN GENERAL.—Subchapter I of chapter 17 of title 8 38, United States Code is amended by adding at the end 9 the following new section (and conforming the table of 10 contents at the beginning of such chapter accordingly): 11 ‘‘§ 1709D. Prohibition against discrimination on the 12 basis of gender identity 13 ‘‘(a) IN GENERAL.—In carrying out this chapter, the 14 Secretary of Veterans Affairs— 15 ‘‘(1) may not— 16 ‘‘(A) discriminate on the basis of gender 17 identity; or 18 ‘‘(B) deny a person a medically-necessary 19 treatment for gender dysphoria prescribed to 20 the individual by a health care provider; and 21 ‘‘(2) shall ensure that no person is discrimi- 22 nated against on such basis in connection with the 23 furnishing of hospital care, medical services, or ex- 24 tended care services under this chapter. 25 VerDate Sep 11 2014 04:03 Oct 02, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5635.IH H5635 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 5635 IH ‘‘(b) QUARTERLY BRIEFINGS.—Not later than 90 1 days after the date of the enactment of the Veterans 2 Healthcare Equality Act of 2025, and not less frequently 3 than on a quarterly basis thereafter, the Secretary shall 4 provide to the Committees on Veterans’ Affairs of the 5 House of Representatives and the Senate a briefing with 6 respect to the furnishing of hospital care, medical services, 7 and extended care services under this chapter to 8 transgender veterans during the period covered by the 9 briefing.’’. 10 (b) BRIEFING REQUIRED.—Not later than 90 days 11 after the date of the enactment of this Act, the Secretary 12 of Veterans Affairs shall provide to the Committees on 13 Veterans’ Affairs of the House of Representatives and the 14 Senate a briefing with respect to the implementation by 15 the Secretary of the amendment made by subsection (a). 16 Æ VerDate Sep 11 2014 04:03 Oct 02, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5635.IH H5635 kjohnson on DSK7ZCZBW3PROD with $$_JOB