United States HR 1112: Ensuring Military Readiness Act of 2023

Bill Text

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118TH CONGRESS
1ST SESSION H. R. 1112
To provide requirements related to the eligibility of individuals who identify
as transgender from serving in the Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 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 individ-
uals who identify as transgender 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 INDIVID-6
UALS WHO IDENTIFY AS TRANSGENDER. 7
Not later than 90 days after the date of the enact-8
ment of this Act, the Secretary of Defense shall prescribe 9
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regulations regarding service of individuals who identify 1
as transgender as follows: 2
(1) Persons who identify as transgender with a 3
history of diagnosis of gender dysphoria are disquali-4
fied from military service except under the following 5
limited circumstances: 6
(A) Individuals may serve in the Armed 7
Forces if they have been stable for 36 consecu-8
tive months in their biological sex prior to ac-9
cession. 10
(B) Members of the Armed Forces diag-11
nosed with gender dysphoria after entering into 12
service may be retained if they do not undergo 13
gender transition procedures and remain 14
deployable within applicable retention standards 15
for their biological sex. 16
(C) Members of the Armed Forces serving 17
as of the date of the enactment of this Act who 18
have been diagnosed with gender dysphoria may 19
continue to serve only in their biological sex, ir-20
respective of any changes previously made to 21
their gender marker in the Defense Enrollment 22
Eligibility Reporting System (DEERS), and re-23
ceive medically necessary treatment for gender 24
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dysphoria. Such treatment may not include gen-1
der transition procedures. 2
(2) Persons who identify as transgender who 3
seek or have undergone gender transition are dis-4
qualified from military service. 5
(3) Persons who identify as transgender with-6
out a history or diagnosis of gender dysphoria, who 7
are otherwise qualified for service and meet all phys-8
ical and mental requirements, may serve in the 9
Armed Forces in their biological sex. 10
SEC. 3. REVISED REGULATIONS REGARDING GENDER 11
MARKINGS. 12
Not later than 90 days after the date of the enact-13
ment of this Act, the Secretary of Defense shall prescribe 14
regulations updating the Defense Enrollment Eligibility 15
Reporting System (DEERS) to require the gender mark-16
ers for members of the Armed Forces to match their bio-17
logical sex, irrespective of any previous changes allowed. 18
SEC. 4. DEFINITIONS. 19
In this Act: 20
(1) CROSS-SEX HORMONES.—The term ‘‘cross- 21
sex hormones’’ means testosterone or other 22
androgens given to biological females at doses that 23
are profoundly larger or more potent than would 24
normally occur naturally in healthy biological fe-25
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males, or estrogen given to biological males at doses 1
that are profoundly larger or more potent than 2
would normally occur naturally in healthy biological 3
males. 4
(2) GENDER.—The term ‘‘gender’’ means the 5
psychological, behavioral, social, and cultural aspects 6
of being male or female. 7
(3) GENDER DYSPHORIA.—The term ‘‘gender 8
dysphoria’’ means a marked incongruence between 9
one’s experienced or expressed gender and biological 10
sex. 11
(4) GENDER TRANSITION.—The term ‘‘gender 12
transition’’ means the process by which a person 13
goes from identifying with and living as a gender 14
that corresponds to his or her biological sex to iden-15
tifying with and living as a gender different from his 16
or her biological sex, and may involve social, legal, 17
or physical changes. 18
(5) GENDER TRANSITION PROCEDURES.—The 19
term ‘‘gender transition procedures’’— 20
(A) means— 21
(i) any medical or surgical interven-22
tion, including physician’s services, inpa-23
tient and outpatient hospital services, or 24
prescribed drugs related to gender transi-25
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tion, that seeks to alter or remove physical 1
or anatomical characteristics or features 2
that are typical for the individual’s biologi-3
cal sex or to ins