Armed Forces Transgender Dependent Protection Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5196

 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

                            August 11, 2023

  Mr. Panetta (for himself, Ms. Jacobs, Mr. Moulton, Ms. Norton, Mr. 
   Veasey, Mr. Johnson of Georgia, Ms. Strickland, Mr. Gallego, Mr. 
Nadler, Mr. Lieu, Ms. Titus, Ms. Schakowsky, Mr. Pocan, Mrs. Hayes, Ms. 
  Scanlon, and Mr. Torres of New York) 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.

    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 ``Armed Forces Transgender Dependent 
Protection Act''.

SEC. 2. EXPANSION OF PROTECTIONS FOR TRANSGENDER DEPENDENTS OF MEMBERS 
              OF THE ARMED FORCES UNDER THE EXCEPTIONAL FAMILY MEMBER 
              PROGRAM.

    Section 1781c of title 10, United States Code, is amended--
            (1) in subsection (d)(3), by adding at the end the 
        following new subparagraph:
            ``(F) Prohibition of assignment of such a member (except at 
        the election of such member) to a permanent duty location in a 
        jurisdiction where foreign, State, or local law restricts 
        medically necessary treatment for a medical or educational 
        special need. Such a member who is serving at a permanent duty 
        location in such a jurisdiction while such government enacts a 
        law establishing such restriction may, not later than 30 days 
        after such enactment, elect to be reassigned by the Secretary 
        concerned to a permanent duty location not located in such a 
        jurisdiction.'';
            (2) in subsection (h), by striking ``(as defined by the 
        Secretary in regulations for purposes of this section)''; and
            (3) by adding at the end the following new subsection:
    ``(i) Medical or Educational Special Need Defined.--In this 
section, the term `medical or educational special need' includes the 
following:
            ``(1) A potentially life-threatening or chronic condition 
        that requires--
                    ``(A) follow-up support more than once a year; or
                    ``(B) specialty care.
            ``(2) A current and chronic mental health condition.
            ``(3) A frequent need for mental health care.
            ``(4) Asthma or other chronic respiratory condition that 
        includes wheezing.
            ``(5) Gender dysphoria.
            ``(6) A condition that requires--
                    ``(A) adaptive equipment;
                    ``(B) assistive technology devices or services; or
                    ``(C) environmental or architectural 
                considerations.
            ``(7) Special educational need.''.
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