S. 5189

103 S5189 IS: 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.
 U.S. Senate
 2026-07-30
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 II  119th CONGRESS  2d Session  S. 5189  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.
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:
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Section 8225 of title 10, United States Code, is repealed.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.