S5189Referred to Committee

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.

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Introduced
In Committee
3
Passed One Chamber
4
Passed Both
5
Signed into Law
119th
Congress
2026-07-30
Introduced
24
Cosponsors
S
ⓘ
Type

Sponsor

Mazie K. Hirono
Mazie K. Hirono
Democrat · HI · Senator
Votes with party: 85.4% (911 recorded votes)

Full profile: /officials/H001042

Source: Congress.gov · FEC

Cosponsors (24)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Read twice and referred to the Committee on Armed Services.

2026-07-30

Source: Congress.gov

Committee Activity

Currently in

Plain-English Summary

This bill prohibits the Department of Defense (DOD) from excluding an individual from military positions or assignments based on gender. It also limits changes to DOD occupational performance standards that address gender neutrality. First, the bill prohibits the exclusion of members of the Armed Forces from an occupational specialty, career field, or assignment on the basis of gender. Next, it prohibits DOD from changing an occupational performance standard to increase or decrease the number of individuals in a career field on the basis of gender. (Currently, this prohibition only applies to increasing or decreasing the number of women.) DOD must also apply occupational standards related to technical, tactical, cognitive, or physical abilities on a gender-neutral basis for positions that require such standards and must determine any such standards after a rigorous scientific process. In situations where DOD establishes or revises a physical requirement for a military position, a member serving satisfactorily in such a position must be provided at least 18 months to meet the new standard. Finally, DOD must notify Congress of any proposed changes to the gender-neutral occupational standards for a military position that may result in at least a 10% change in the number of members of any gender who are assigned to or enter that position. (Currently, such notice is required only with respect to a change in the number of female members.) DOD must provide the congressional defense committees with a report on the proposed change, estimated costs, and justification for the change.

Plain-English rewrite of the Congressional Research Service summary published on Congress.gov. Cached and reviewed.

Subjects

Armed Forces and National Security

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5189 Introduced in Senate (IS)] <DOC> 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…
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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. <all>
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