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H.R. 10319 · House bill · 119th Congress
This bill prohibits individuals with a gender dysphoria diagnosis from occupying certain positions in executive agencies or obtaining or renewing certain federal credentials. (Gender dysphoria refers to the distress that may accompany the incongruence between one's experienced or expressed gender and one's assigned gender.)
Under the bill, an individual with gender dysphoria may not occupy a position for which the employing agency has established mental health standards. Such standards are criteria the agency uses to determine whether an individual's diagnosed mental health condition renders them unable to safely or effectively perform the duties of a position. The criteria may be established through agency regulation, medical evaluation protocols, or government-wide personnel suitability standards.
The bill also prohibits individuals with gender dysphoria from obtaining or renewing any license, certificate, or other credential that is issued by an executive agency and is conditioned on the individual satisfying specified mental health standards. For example, the Federal Aviation Administration prohibits airline pilot licenses from being issued to individuals with certain mental health diagnoses (e.g., bipolar disorder).
Executive agencies must issue regulations necessary to establish these requirements for covered positions and credentials within 180 days after the bill's enactment.
This Act may be cited as the “Gender Delusion Disqualification Act”.
(a) In general.— Chapter 73 of title 5, United States Code, is amended by inserting at the end the following:
“(a) In this subchapter, the term—
(1) “covered position” means a position within an executive agency for which the employing agency has established, by regulation or agency policy, any mental health standards as a condition of appointment or continued service;
(2) “covered certification” means a license, certificate, or other credential issued by an executive agency to an individual where Federal law or regulation requires issuance or renewal of such credential on the individual meeting specified mental health standards; and
(3) “mental health standards” means criteria used to assess whether a diagnosed mental health condition renders an individual unable to safely or effectively perform the duties of a covered position, as established through agency regulation, medical evaluation protocols, or Government-wide personnel suitability standards.
(b) Any individual in a covered position shall satisfy all mental health standards required for such position and may not occupy such position if such individual has been diagnosed with gender dysphoria.
(c) Any individual holding a covered certification shall satisfy all mental health standards required for issuance or renewal of such certification and may not be granted or hold such a certificate if such individual is diagnosed with gender dysphoria.”.
(b) Clerical amendment.— The table of contents for such chapter is amended by inserting at the end the following:
(c) Rulemaking.— Not later than 180 days after the date of enactment of this Act, the head of each executive agency shall issue such regulations as are necessary to carry out section 7381 of title 5, United States Code, as added by subsection (b) of this Act, to covered positions, and positions requiring covered certification, as defined in such section, within the agencies jurisdiction.
(d) Rule of construction.— Nothing in this Act or the amendments made by this Act shall be construed to impose additional standards on executive branch employees who are not in a covered position.