Page:United States Statutes at Large Volume 107 Part 2.djvu/710
107 STAT. 1660 PUBLIC LAW 103-160—NOV. 30, 1993 Secretary shall, not later than 30 days after the date of the enactment of this Act, transmit to the Committees on Armed Services of the Senate and House of Representatives notice of that change in personnel policv. (b) SPECIAL RULE FOR GROUND COMBAT EXCLUSION POLICY. — Reports. (1) If the Secretary of Defense proposes to make any change described in paragraph (2) to the ground combat exclusion policy, the Secretary shall, not less than 90 days before any such cnange is implemented, submit to Congress a report providing notice of the proposed change. (2) A change referred to in paragraph (1) is a change that either— (A) closes to female members of the Armed Forces any category of luiit or position that at that time is open to service by such members; or (B) opens to service by such members any category of unit or position that at that time is closed to service by such members. (3) The Secretary shall include in any report under paragraph (1)- (A) a detailed description of, and iustiflcation for, the proposed change to the groimd combat exclusion policy; and (B) a detailed analysis of legal implication of the proposed change with respect to the constitutionality of the application of the Military Selective Service Act to males only. (4) For purposes of this subsection, the term "ground combat exclusion polic/' means the military personnel policies of the Department of Defense and the military departments, as in effect on January 1, 1993, by which female members of the Armed Forces are restricted from assignment to units and positions whose mission requires routine engagement in direct combat on the ground. 10 USC 113 note. SEC. 643. GENDER-NEUTRAL OCCUPATIONAL PERFORMANCE STAND- ARDS. (a) GENDER NEUTRALmr REQUIREMENT. — In the case of any military occupational career field that is open to both male and female members of the.^rmed 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 snail 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.