[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5189 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5189
To amend title 10, United States Code, and the National Defense
Authorization Act for Fiscal Year 1994, to codify and clarify gender
neutral standards for members of certain Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2026
Ms. Hirono (for herself, Ms. Duckworth, Mrs. Gillibrand, Mr. Schumer,
Ms. Alsobrooks, Mr. Van Hollen, Mrs. Murray, Ms. Warren, Ms. Rosen, Ms.
Slotkin, Mr. Hickenlooper, Mr. Markey, Mr. Kim, Mr. Wyden, Mr. Booker,
Mr. Fetterman, Mrs. Shaheen, Mr. Kelly, Mr. Schiff, and Ms. Baldwin)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, and the National Defense
Authorization Act for Fiscal Year 1994, to codify and clarify gender
neutral standards for members of certain Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GENDER NEUTRAL STANDARDS IN CERTAIN ARMED FORCES.
(a) Prohibition on Exclusion of a Member of Certain Armed Forces
From an Assignment on the Basis of Gender.--
(1) In general.--Section 652 of title 10, United States
Code, is amended to read as follows:
``Sec. 652. Prohibition of exclusion from assignments on the basis of
gender
``(a) Prohibition.--A member of the Army, Navy, Marine Corps, Air
Force, or Space Force may not be excluded from an occupational
specialty, career field, or assignment on the basis of gender.
``(b) Annual Report.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
an annual report that includes, with respect to the year preceding the
date of the report, the following:
``(1) Any change to an occupational standard, including a
description of how such change predicts performance of actual,
regular, and recurring duties of a military occupational
specialty.
``(2) The number of members, disaggregated by military
occupational specialty and gender, who were involuntarily
reclassified or separated for a reason other than discipline or
pursuant to a sentence of a court-martial.
``(3) The reasons for reclassifications or separations
described in paragraph (2).''.
(2) Conforming amendment.--Section 8225 of title 10, United
States Code, is repealed.
(3) Effective date.--The amendments made by this subsection
shall take effect on September 30, 2026. The first report under
subsection (b) of section 652 of such title, as amended by this
section, shall be due on September 30, 2027.
(b) Gender-Neutral Occupational Standard for a Military Career
Designator: Modernization; Additional Information to Congress To Review
a Proposed Change.--
(1) Modernization.--Section 543 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 113 note) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``that is open to both male and
female members of the Armed Forces''; and
(ii) in paragraph (3), by striking ``women
in that occupational career field'' and
inserting ``individuals in such occupational
career field on the basis of gender'';
(B) in subsection (b)--
(i) in the heading, by striking ``Specific
Physical Requirements'' and inserting
``occupational performance standards'';
(ii) in paragraph (1)--
(I) by striking ``physical'' both
places it appears;
(II) by inserting ``, based on a
scientifically rigorous process,''
after ``determines'';
(III) by inserting ``technical,
tactical, cognitive, or physical
abilities, including'' before
``muscular strength''; and
(IV) by striking ``(in the case of
a career designator that is open to
both male and female members of the
Armed Forces)''; and
(iii) in paragraph (2)--
(I) by inserting ``not shorter than
18 months'' after ``a reasonable
period''; and
(II) by inserting ``that are based
on input from health care providers and
researchers of the Department of
Defense'' after ``prescribed by the
Secretary''; and
(C) in subsection (c), by striking ``female members
of the Armed Forces'' and inserting ``members of the
Armed Forces, of any gender,''.
(2) Information to congress.--Such section is further
amended, in subsection (c)--
(A) by striking ``are expected to'' and inserting
``may'';
(B) by striking ``Congress'' and inserting ``the
congressional defense committees'';
(C) by striking ``change and the justification and
rationale'' and inserting ``proposed change, the
estimated costs, the justification (including the
relevant research and data that the Secretary reviewed
and relied upon before making such proposal), and
rationale''; and
(D) by striking ``60-day period'' and inserting
``180-day period''.
(c) Submission of the Review of Operational Effectiveness of Army
and Marine Corps Ground Combat Units.--
(1) Submission of unredacted version.--Not later than 7
days after it is completed, the Secretary of Defense shall
provide to Congress the full, unredacted review of operational
effectiveness of Army and Marine Corps ground combat units that
is the subject of the memorandum issued by the Under Secretary
of Defense for Personnel and Readiness on December 18, 2025,
relating to ``Review of the Operational Effectiveness of Army
and Marine Corps Ground Combat Units,'' and which was
reassigned to the Johns Hopkins University Applied Physics
Laboratory.
(2) Briefing.--Not later than 30 days after submitting the
review under paragraph (1), the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives. The briefing shall
include the full, unredacted findings of the review and report
methodology.
(3) Preliminary findings and information.--The Secretary of
Defense shall provide to Congress any preliminary findings,
methodology, and information delivered by the Institute for
Defense Analyses to the Department of Defense related to the
study required under paragraph (1) before the study's
reassignment to the Johns Hopkins University Applied Physics
Laboratory.
(4) Comptroller general review.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report reviewing--
(A) the review provided to Congress under paragraph
(1); and
(B) any actions taken by the Department of Defense
in response to the review.
(d) Effective Date.--The amendments made by this section shall take
effect on September 30, 2026. The first report under subsection (b) of
section 652 of title 10, United States Code, as amended by this
section, shall be due on September 30, 2027.
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