[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1064 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1064

   To provide requirements related to the eligibility of transgender 
             individuals from serving in the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

  Mr. Banks introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To provide requirements related to the eligibility of transgender 
             individuals from serving in the Armed Forces.

    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 ``Ensuring Military Readiness Act of 
2023''.

SEC. 2. LIMITATIONS ON MILITARY SERVICE BY TRANSGENDER INDIVIDUALS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall prescribe regulations regarding 
transgender service as follows:
            (1) Transgender persons with a history of diagnosis of 
        gender dysphoria are disqualified from military service except 
        under the following limited circumstances:
                    (A) Individuals may serve in the Armed Forces if 
                they have been stable for 36 consecutive months in 
                their biological sex prior to accession.
                    (B) Members of the Armed Forces diagnosed with 
                gender dysphoria after entering into service may be 
                retained if they do not require a change of gender and 
                remain deployable within applicable retention 
                standards.
                    (C) Members of the Armed Forces serving as of the 
                date of the enactment of this Act who have been 
                diagnosed with gender dysphoria may continue to serve 
                in their current gender marker in the Defense 
                Enrollment Eligibility Reporting System (DEERS) and 
                receive medically necessary treatment for gender 
                dysphoria. Such treatment may not include gender 
                reassignment surgery or the commencement of hormone 
                therapy.
            (2) Transgender persons who require or have undergone 
        gender transition are disqualified from military service.
            (3) Transgender persons without a history or diagnosis of 
        gender dysphoria, who are otherwise qualified for service and 
        meet all physical and mental requirements, may serve in the 
        Armed Forces in their biological sex.
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