Federal

Ensuring Military Readiness Act of 2023

Source: Congress.gov · 465 words in original text

What This Bill Does

This bill requires the Secretary of Defense to create new military rules about transgender people serving in the Armed Forces. The bill sets limits on who with a history of gender dysphoria (distress from a mismatch between one's gender identity and biological sex) can join or stay in the military. The Secretary of Defense must write these rules within 90 days of the bill becoming law.

Who It Affects

The Secretary of Defense, people seeking to join the Armed Forces, current members of the Armed Forces, and transgender individuals.

Key Provisions

• Transgender people diagnosed with gender dysphoria are blocked from military service with three exceptions: those stable in their biological sex for 36 consecutive months before joining may serve, current service members with gender dysphoria who don't need a gender change can stay if deployable, and current service members with gender dysphoria can continue serving in their current gender marker and receive medically necessary treatment except gender reassignment surgery or hormone therapy (Sec. 2) • Transgender people who require or have undergone gender transition are disqualified from military service (Sec. 2) • Transgender people without a history or diagnosis of gender dysphoria may serve if they meet all other physical and mental requirements and serve in their biological sex (Sec. 2)

What Changes

The Secretary of Defense must create new regulations about transgender military service within 90 days of this bill becoming law. Current service members diagnosed with gender dysphoria gain protected status to continue serving but cannot receive gender reassignment surgery or start hormone therapy.

Important Definitions

Gender dysphoria: distress from a mismatch between one's gender identity and biological sex. Biological sex: Not specified in bill text.

Effective Date

The Secretary of Defense has 90 days after the bill becomes law to write the regulations, but the bill does not specify when the regulations themselves take effect.

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Military 4 Readiness Act of 2023’’. 5 SEC. 2. LIMITATIONS ON MILITARY SERVICE BY 6 TRANSGENDER INDIVIDUALS. 7 Not later than 90 days after the date of the enact- 8 ment of this Act, the Secretary of Defense shall prescribe 9 regulations regarding transgender service as follows: 10 VerDate Sep 11 2014 07:30 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1064.IH H1064 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1064 IH (1) Transgender persons with a history of diag- 1 nosis of gender dysphoria are disqualified from mili- 2 tary service except under the following limited cir- 3 cumstances: 4 (A) Individuals may serve in the Armed 5 Forces if they have been stable for 36 consecu- 6 tive months in their biological sex prior to ac- 7 cession. 8 (B) Members of the Armed Forces diag- 9 nosed with gender dysphoria after entering into 10 service may be retained if they do not require 11 a change of gender and remain deployable with- 12 in applicable retention standards. 13 (C) Members of the Armed Forces serving 14 as of the date of the enactment of this Act who 15 have been diagnosed with gender dysphoria may 16 continue to serve in their current gender mark- 17 er in the Defense Enrollment Eligibility Report- 18 ing System (DEERS) and receive medically 19 necessary treatment for gender dysphoria. Such 20 treatment may not include gender reassignment 21 surgery or the commencement of hormone ther- 22 apy. 23 VerDate Sep 11 2014 07:30 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1064.IH H1064 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1064 IH (2) Transgender persons who require or have 1 undergone gender transition are disqualified from 2 military service. 3 (3) Transgender persons without a history or 4 diagnosis of gender dysphoria, who are otherwise 5 qualified for service and meet all physical and men- 6 tal requirements, may serve in the Armed Forces in 7 their biological sex. 8 Æ VerDate Sep 11 2014 07:30 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1064.IH H1064 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.