What This Bill Does
This bill changes federal military law to ban discrimination in the Armed Forces. The law would apply to how the military recruits, qualifies and treats service members.
Who It Affects
- Individuals applying to or serving in the Armed Forces
- Military Secretaries and other military leadership who develop personnel policies
Key Provisions
- Military qualifications for service can only measure a person's ability to do the job or military specialty. These qualifications cannot be based on race, color, national origin, religion, sex, gender identity, sexual orientation or sex characteristics (Sec. 2)
- All military personnel policies must provide equal treatment and opportunity to all service members regardless of race, color, national origin, religion, sex, gender identity, sexual orientation or sex characteristics (Sec. 2)
What Changes
The military would add new rules to federal law preventing discrimination based on the categories listed above in military service eligibility and personnel policies.
Important Definitions
Sex characteristics include intersex traits.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1808
To amend title 10, United States Code, to prohibit discrimination in the
Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 2023
Ms. JACOBS (for herself, Mr. GRIJALVA, Ms. NORTON, Ms. MOORE of Wis-
consin, Mr. TAKANO, Ms. SCHAKOWSKY, Ms. SA´NCHEZ, Mr. JOHNSON of
Georgia, Mr. NADLER, Mr. BLUMENAUER, Mr. POCAN, Mr. PAYNE, Ms.
ESCOBAR, Mr. KRISHNAMOORTHI, Mr. CICILLINE, Ms. GARCIA of Texas,
Ms. TOKUDA, Mr. VEASEY, Ms. BONAMICI, Mr. MCGOVERN, Mrs. WAT-
SON COLEMAN, Mr. SHERMAN, and Ms. VELA´ZQUEZ) introduced the fol-
lowing bill; which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to prohibit
discrimination in the Armed Forces.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ensuring Military
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Readiness Not Discrimination Act’’.
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•HR 1808 IH
SEC. 2. NONDISCRIMINATION WITH RESPECT TO SERVICE
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IN THE ARMED FORCES.
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(a) IN GENERAL.—Chapter 37 of title 10, United
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States Code, is amended by inserting after section 651 the
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following new section:
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‘‘§ 651a. Members: prohibition of gender discrimina-
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tion
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‘‘(a) STANDARDS FOR ELIGIBILITY FOR SERVICE.—
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Any qualifications established or applied for eligibility for
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service in an Armed Force shall take into account only
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the ability of an individual to meet occupational standards
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for military service generally and the military occupational
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specialty concerned in particular, and may not include any
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criteria relating to the race, color, national origin, religion,
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or sex (including gender identity, sexual orientation, or sex
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characteristics (including intersex traits)) of an individual.
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‘‘(b) EQUALITY OF TREATMENT AND OPPORTUNITY
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IN SERVICE.—Any personnel policy developed or imple-
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mented by the Secretary concerned with respect to mem-
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bers of the Armed Forces shall ensure equality of treat-
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ment and opportunity for all persons in the Armed Forces,
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without regard to race, color, national origin, religion, and
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sex (including gender identity, sexual orientation, or sex
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characteristics (including intersex traits)).’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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at the beginning of such chapter is amended by inserting
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•HR 1808 IH
after the item relating to section 651 the following new
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item:
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‘‘651a. Members: prohibition of gender discrimination.’’.
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