Text of US HB 1808 (2023)

Ensuring Military Readiness Not Discrimination Act

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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- 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 Not Discrimination Act’’. 5 VerDate Sep 11 2014 02:59 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1808.IH H1808 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1808 IH SEC. 2. NONDISCRIMINATION WITH RESPECT TO SERVICE 1 IN THE ARMED FORCES. 2 (a) IN GENERAL.—Chapter 37 of title 10, United 3 States Code, is amended by inserting after section 651 the 4 following new section: 5 ‘‘§ 651a. Members: prohibition of gender discrimina- 6 tion 7 ‘‘(a) STANDARDS FOR ELIGIBILITY FOR SERVICE.— 8 Any qualifications established or applied for eligibility for 9 service in an Armed Force shall take into account only 10 the ability of an individual to meet occupational standards 11 for military service generally and the military occupational 12 specialty concerned in particular, and may not include any 13 criteria relating to the race, color, national origin, religion, 14 or sex (including gender identity, sexual orientation, or sex 15 characteristics (including intersex traits)) of an individual. 16 ‘‘(b) EQUALITY OF TREATMENT AND OPPORTUNITY 17 IN SERVICE.—Any personnel policy developed or imple- 18 mented by the Secretary concerned with respect to mem- 19 bers of the Armed Forces shall ensure equality of treat- 20 ment and opportunity for all persons in the Armed Forces, 21 without regard to race, color, national origin, religion, and 22 sex (including gender identity, sexual orientation, or sex 23 characteristics (including intersex traits)).’’. 24 (b) CLERICAL AMENDMENT.—The table of sections 25 at the beginning of such chapter is amended by inserting 26 VerDate Sep 11 2014 02:59 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1808.IH H1808 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1808 IH after the item relating to section 651 the following new 1 item: 2 ‘‘651a. Members: prohibition of gender discrimination.’’. Æ VerDate Sep 11 2014 02:59 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1808.IH H1808 pbinns on DSKJLVW7X2PROD with $$_JOB