S. 5189

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.