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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 2839

Sec. 2839. Prohibition on the use of single-sex facilities on military installations that do not correspond to the sex of an individual

249 words·~1 min read·/bill/119/hr/3838/eh/section-2839·

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Notwithstanding any other provision of law, no person may, except as provided in subsection
(b)or subsection (c), access or use a single-sex facility on a military installation that does not correspond to the sex of such person. The prohibition in subsection
(a)shall not apply with respect to— emergency medical personnel responding to a medical emergency; or law enforcement officers in active pursuit of a suspect, or as part of an active investigation. The Secretary of Defense may, on a case-by-case basis, waive the prohibition in subsection
(a)if the Secretary determines the waiver is necessary to advance the national security interests of the United States. In this section: The term female means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. The term male means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. The term military installation has the meaning given such term in section 2801 of title 10, United States Code. The term single-sex facility means a space intended for the use of one biological sex (male or female), including a— restroom; locker room; or changing room. The term sex means the biological determination as to whether an individual is male or female.
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