S.Amdt. 1755

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.''.

[[Page S3260]]

______