HR 1928
112th CONGRESS
1st Session
H. R. 1928
To amend title 10, United States Code, to repeal the ground combat
exclusion policy for female members of the Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Ms. LORETTA SANCHEZ of California introduced the following bill; which was
referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to repeal the ground combat
exclusion policy for female members of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Women's Fair and Equal Right to Military Service
Act'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) 260,457 female members of the Armed Forces have served in Operation
Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn.
(2) 25,099 female members of the Armed Forces are currently serving in Iraq
or Afghanistan.
(3) Women serving in Iraq and Afghanistan are not excluded from providing
support to combat units or other frontline units.
(4) As of April 1, 2011, 137 female members of the Armed Forces have been
killed in Iraq or Afghanistan, and, of the women killed, over 60 were killed
in combat.
(5) More than 1,300 female members of the Armed Forces have been wounded
in action, of which 758 were wounded in hostile action.
(6) The current nature of war has changed in Iraq and Afghanistan and, despite
the prohibition on female members of the Armed Forces serving in combat,
so has the role of female members of the Armed Forces.
(7) Women are increasingly attached to combat units and engaging in frontline
roles despite the current ground combat exclusion policy.
(8) Female members of the Armed Forces are engaging in direct combat without
receiving adequate combat training due to the current ground combat exclusion
policy described in current section 652 of title 10, United States Code.
(9) The Secretaries of the military departments should be given the authorization
to assign an eligible member of an armed force under the jurisdiction of
that Secretary to a unit of that armed force based on the needs of the unit,
regardless of the member's gender.
(10) Secretary of Defense Robert Gates has stated that women have been serving
in combat already and female members of the Armed Services have expressed
that because they're not in a combat military occupational specialty, they
haven't had combat training, but they're on a combat patrol.
(b) Purpose- The purposes of this Act are--
(1) to ensure that modern military combat policies reflect the current operational
environment of the combat operations; and
(2) to raise the profile of the recognition that female members of the Armed
Forces should receive for their service, particularly when it involves their
contribution with regard to direct combat operations.
SEC. 3. REPEAL OF GROUND COMBAT EXCLUSION POLICY FOR FEMALE MEMBERS OF THE
ARMED FORCES.
(1) REPEAL- Section 652 of title 10, United States Code, is repealed.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
37 of such title is amended by striking the item relating to section 652.
(b) Revision of Current Military Personnel Policies-
(1) REVISION- The Secretary of Defense shall revise the military personnel
policies of the Department of Defense and the military departments so that
such policies do not restrict members of the Armed Forces from assignment
to units and positions based on gender.
(2) NOTICE AND WAIT- Any change in a military personnel policy that would
exclude based on gender shall not take effect until--
(A) the Secretary of Defense submits to the Committees on Armed Services
of the Senate and House of Representatives a notice of the intent to make
the change; and
(B) a period of 30 legislative days has expired following the date on
which the notice is received by the committees.
(3) LEGISLATIVE DAY DEFINED- In this subsection, term `legislative day'
means a day on which either House of Congress is in session.
END
