[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3259-S3260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1755. Mrs. GILLIBRAND (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 520. NONDISCRIMINATION WITH RESPECT TO SERVICE IN THE 
                   ARMED FORCES.

       (a) In General.--Chapter 37 of title 10, United States 
     Code, is amended by inserting after section 651 the following 
     new section:

     ``Sec. 651a. Members: nondiscrimination

       ``(a) Standards for Eligibility for Service.--Any 
     qualifications established or applied for eligibility for 
     service in an armed force shall take into account only the 
     ability of an individual to meet occupational standards for 
     military service generally and the military occupational 
     specialty concerned in particular, and may not include any 
     criteria relating to the race, color, national origin, 
     religion, or sex (including gender identity or sexual 
     orientation) of an individual.
       ``(b) Equality of Treatment in Service.--Any personnel 
     policy developed or implemented by the Department of Defense 
     with respect to members of the armed forces shall ensure 
     equality of treatment and opportunity for all persons in the 
     armed forces, without regard to race, color, national origin, 
     religion, and sex (including gender identity and sexual 
     orientation).
       ``(c) Gender Identity Defined.--In this section, the term 
     `gender identity' means the gender-related identity, 
     appearance, mannerisms, or other gender-related 
     characteristics of an individual, regardless of the 
     individual's designated sex at birth.
       ``(d) Rule of Construction.--Nothing in the section 
     relieves a member from meeting applicable military and 
     medical standards, including deployability, or requires 
     retention of the member in service if the member fails to 
     meet such standards.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 37 of such title is amended by inserting 
     after the item relating to section 651 the following new 
     item:

``651a. Members: nondiscrimination.''.

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