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-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Transgender veterans have served our coun-
try with honor and deserve to receive the health ben-
efits such veterans are entitled to free from discrimi-
nation, including free from intentional and repeated 
misgendering. 
(2) Treatments for gender dysphoria are medi-
cally necessary and supported by every major U.S. 
medical association. 
(3) Prohibitions on sex discrimination, includ-
ing 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 trans-
mittal 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 en-
sure the Department fulfills its legal obligation to 
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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): 
‘‘§ 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 discrimi-
nated against on such basis in connection with the 
furnishing of hospital care, medical services, or ex-
tended care services under this chapter. 
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