Section 1 Short title
This Act may be cited as the “Ensuring Military Readiness Act of 2023”.
Ensuring Military Readiness Act of 2023
A BILL
To provide requirements related to the eligibility of transgender individuals from serving in the Armed Forces.
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:
Transgender persons with a history of diagnosis of gender dysphoria are disqualified from military service except under the following limited circumstances:
Individuals may serve in the Armed Forces if they have been stable for 36 consecutive months in their biological sex prior to accession.
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.
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.
Transgender persons who require or have undergone gender transition are disqualified from military service.
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.