H.R. 5635

119th CONGRESS 1st Session

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 · Sponsor: Mr. Kennedy of New York · Committee: Committee on Veterans' Affairs

Table of contents

• H.R. 5635
  • SEC. 1. Short title
  • SEC. 2. Findings
  • 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

SEC. 1. Short title

• This Act may be cited as the Veterans Healthcare Equality Act of 2025.

SEC. 2. Findings

• Congress finds the following:
  • 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.
  • Treatments for gender dysphoria are medically necessary and supported by every major U.S. medical association.
  • Prohibitions on sex discrimination, including in Section 1557 of the Patient Protection and Affordable Care Act (), prohibit discrimination on the basis of gender identity. 42 U.S.C. 10822(b)
  • 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 (VHA Directive 1341(4)) and phasing out treatments for gender dysphoria. Providing Health Care for Transgender and Intersex Veterans
  • 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 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): chapter 17
    • (a) In general
      • In carrying out this chapter, the Secretary of Veterans Affairs—
        • may not—
          • discriminate on the basis of gender identity; or
          • deny a person a medically-necessary treatment for gender dysphoria prescribed to the individual by a health care provider; and
        • 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).