Prohibitions relating to questions and answers about sex, gender, and gender identity in forms and surveys of the Department of Defense
Division A — Department of Defense Authorizations › Title V — Military Personnel Policy › Subtitle J — Decorations and Awards, Reports, and Other Matters
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(a) Prohibition With respect to the collection of information conducted by or for the Secretary of Defense through a form or survey, the Secretary— (1) may not— (A) solicit or obtain any information regarding the gender identity of an individual; or (B) provide an option to indicate that the sex or gender of an individual is something other than male or female; and (2) shall reject a response other than male or female to a required question regarding sex or gender. (b) Definitions In this section: (1) 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. (2) The term gender — (A) means male or female; and (B) does not mean gender identity, experienced gender, gender expression, or gender roles. (3) The term gender identity does not mean sex or gender. (4) 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. (5) The term sex means the biological determination as to whether an individual is male or female.