I 

117TH CONGRESS 

1ST SESSION H. R. 3672 

To expand protections under the Exceptional Family Member Program of 

the Department of Defense for transgender dependents of members of 

the Armed Forces, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. PANETTA (for himself, Ms. JACOBS of California, Ms. NORTON, Mr. 

HUFFMAN, Ms. STRICKLAND, Mr. BROWN, Mr. LOWENTHAL, Mr. CRIST, 

Ms. HOULAHAN, Mr. NADLER, Mr. MCGOVERN, Mr. WELCH, Ms. LEE

of California, Mr. GALLEGO, Ms. SCANLON, Mr. MOULTON, Mr. PAPPAS, 

Mr. SOTO, Ms. TITUS, Ms. NEWMAN, Mr. TORRES of New York, Mr. 

JOHNSON of Georgia, Mrs. CAROLYN B. MALONEY of New York, Ms. 

BONAMICI, Mrs. KIRKPATRICK, Mr. CICILLINE, Mr. KILMER, Mr. 

AUCHINCLOSS, Mr. KILDEE, Mr. PETERS, Ms. CHU, Mrs. HAYES, Ms. 

SCHAKOWSKY, Mr. CROW, Mr. KHANNA, Mr. LIEU, Mr. VEASEY, Mr. 

TAKANO, Mr. POCAN, Ms. SHERRILL, and Mr. COOPER) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To expand protections under the Exceptional Family Member 

Program of the Department of Defense for transgender 

dependents of members of the Armed Forces, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Armed Forces Trans3 gender Dependent Protection Act’’. 

4 SEC. 2. EXPANSION OF PROTECTIONS FOR TRANSGENDER 

5 DEPENDENTS OF MEMBERS OF THE ARMED 

6 FORCES UNDER THE EXCEPTIONAL FAMILY 

7 MEMBER PROGRAM. 

8 Section 1781c of title 10, United States Code, is 

9 amended— 

10 (1) in subsection (d)(3), by adding at the end 

11 the following new subparagraph: 

12 ‘‘(F) Prohibition of assignment of such a mem13 ber (except at the election of such member) to a per14 manent duty location in a jurisdiction where foreign, 

15 State, or local law restricts medically necessary 

16 treatment for a medical or educational special need. 

17 Such a member who is serving at a permanent duty 

18 location in such a jurisdiction while such government 

19 enacts a law establishing such restriction may, not 

20 later than 30 days after such enactment, elect to be 

21 reassigned by the Secretary concerned to a perma22 nent duty location not located in such a jurisdic23 tion.’’; 

24 (2) in subsection (h), by striking ‘‘(as defined 

25 by the Secretary in regulations for purposes of this 

26 section)’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(i) MEDICAL OR EDUCATIONAL SPECIAL NEED DE4 FINED.—In this section, the term ‘medical or educational 

5 special need’ includes the following: 

6 ‘‘(1) A potentially life-threatening or chronic 

7 condition that requires— 

8 ‘‘(A) follow-up support more than once a 

9 year; or 

10 ‘‘(B) specialty care. 

11 ‘‘(2) A current and chronic mental health condi12 tion. 

13 ‘‘(3) A frequent need for mental health care. 

14 ‘‘(4) Asthma or other chronic respiratory condi15 tion that includes wheezing. 

16 ‘‘(5) Gender dysphoria. 

17 ‘‘(6) A condition that requires— 

18 ‘‘(A) adaptive equipment; 

19 ‘‘(B) assistive technology devices or serv20 ices; or 

21 ‘‘(C) environmental or architectural consid22 erations. 

23 ‘‘(7) Special educational need.’’. 

Æ 


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