(a) In general

Chapter 73 of title 5, United States Code, is amended by inserting at the end the following:

VIII Additional Requirement for Covered Positions Facing Mental Health Standards

7381. Additional requirement for covered positions facing mental health standards

(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.