Text of US HB 1064 (2023)

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