Bill Text, 103rd Congress (1993-1994), H.R.2401.ENR
Subtitle D--Women in the Service
SEC. 543. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STANDARDS.
(a) GENDER NEUTRALITY REQUIREMENT- In the case of any military occupational career field that is open to both male and female members of the Armed Forces, the Secretary of Defense--
(1) shall ensure that qualification of members of the Armed Forces for, and continuance of members of the Armed Forces in, that occupational career field is evaluated on the basis of common, relevant performance standards, without differential standards or evaluation on the basis of gender;
(2) may not use any gender quota, goal, or ceiling except as specifically authorized by law; and
(3) may not change an occupational performance standard for the purpose of increasing or decreasing the number of women in that occupational career field.(b) REQUIREMENTS RELATING TO USE OF SPECIFIC PHYSICAL REQUIREMENTS-
(1) For any military occupational specialty for which the Secretary of Defense determines that specific physical requirements for muscular strength and endurance and cardiovascular capacity are essential to the performance of duties, the Secretary shall prescribe specific physical requirements for members in that specialty and shall ensure (in the case of an occupational specialty that is open to both male and female members of the Armed Forces) that those requirements are applied on a gender-neutral basis. (2) Whenever the Secretary establishes or revises a physical requirement for an occupational specialty, a member serving in that occupational specialty when the new requirement becomes effective, who is otherwise considered to be a satisfactory performer, shall be provided a reasonable period, as determined under regulations prescribed by the Secretary, to meet the standard established by the new requirement. During that period, the new physical requirement may not be used to disqualify the member from continued service in that specialty.
(c) NOTICE TO CONGRESS OF CHANGES- Whenever the Secretary of Defense proposes to implement changes to the occupational standards for a military occupational field that are expected to result in an increase, or in a decrease, of at least 10 percent in the number of female members of the Armed Forces who enter, or are assigned to, that occupational field, the Secretary of Defense shall submit to Congress a report providing notice of the change and the justification and rationale for the change. Such changes may then be implemented only after the end of the 60-day period beginning on the date on which such report is submitted.(May 2013) SEC. 526 [Log 50948]. ESTABLISHMENT AND USE OF CONSISTENT DEFINITION OF GENDER-NEUTRAL OCCUPATIONAL STANDARD FOR MILITARY CAREER DESIGNATORS.
(a) ESTABLISHMENT OF DEFINITIONS.—Section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) GENDER-NEUTRAL OCCUPATIONAL STANDARD.
—The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same physical and performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator. (2) MILITARY CAREER DESIGNATOR.—The term ‘military career designator’ refers to—
(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.’’.
(b) USE OF DEFINITIONS.—Such section is further amended—
(in subsection (a)—
(A) in the matter preceding paragraph (1), by striking ‘‘military occupational career field’’ and inserting ‘‘military career designator’’; and
(B) in paragraph (1), by striking ‘‘common, relevant performance standards’’ and inserting ‘‘an occupational standard’’;
(2) in subsection (b)—
(A) in paragraph (1)—(i) by striking ‘‘any military occupational specialty’’ and inserting ‘‘any military career designator’’; and (ii) by striking ‘‘requirements for members in that specialty and shall ensure (in the case of an occupational specialty’’ and inserting ‘‘requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator’’; and
(B) in paragraph (2)—
(i) by striking ‘‘an occupational specialty’’ and inserting ‘‘a military career designator’’; (ii) by striking ‘‘that occupational specialty’’ and inserting ‘‘that military career designator’’; and (iii) by striking ‘‘that specialty’’ and inserting ‘‘that military career designator’’; and
(3) in subsection (c)—
(A) by striking ‘‘the occupational standards for a military occupational field’’ and inserting ‘‘the gender-neutral occupational standard for a military career designator’’; and
(B) by striking ‘‘that occupational field’’ and inserting ‘‘that military career designator’’.
Attached are some informative documents that give insight to how and why the GENDER NEUTRALITY REQUIREMENT of this public law connects to manpower selection (job placement) and retention once trained and qualified in the military career designator (military occupation/Air Force Specialty Code) USAF Pararescue. Although the orientation focus is USAF Pararescue, the information is equally applicable to the other Battlefield Airmen military career designators (Air Force Specialty Codes-AFSCs).
The Original entry and retention classification fitness standard for PJ AFSC
topic thread provides a more specific overview of the 1947 origins and subsequent use of the gender neutral performance standards existing for the career USAF Pararescue military occupation.