Sex-neutral occupational performance standards

Section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is amended— (1) in the section heading, by striking Gender-neutral and inserting Sex-neutral; (2) in subsection (a)— (A) in the subsection heading, by striking Gender neutrality and inserting Sex neutrality; (B) by striking that is open to both male and female members of the Armed Forces and inserting in the Armed Forces; (C) in paragraph (1), by striking on the basis of gender and inserting on the basis of sex; (D) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (E) by inserting after paragraph (1) the following new paragraph: (2) shall ensure that any member of the Armed Forces who meets the occupational standards for such occupational career field shall be eligible for qualification, assignment, and continuance in that occupational career field without differential standards or evaluation on the basis of sex;; (F) in paragraph (3), as redesignated by subparagraph (D), by striking gender quota and inserting sex quota; and (G) in paragraph (4), as so redesignated, by inserting men or before women; (3) in subsection (b)— (A) in the subsection heading, by striking physical and inserting occupational; and (B) in paragraph (1)— (i) by striking physical requirements for and inserting requirements for technical, tactical, cognitive, and physical abilities, including; (ii) by striking strength and endurance and inserting strength, endurance,; (iii) by striking physical requirements as and inserting requirements as; (iv) by striking gender-neutral occupational standard and inserting sex-neutral occupational standard; (v) by striking (in the case of a career designator that is open to both male and female members of the Armed Forces); and (vi) by striking gender-neutral basis and inserting sex-neutral basis; (4) in subsection (c), by striking gender-neutral occupational standard and inserting sex-neutral occupational standard; (5) by redesignating subsection (d) as subsection (e); (6) by inserting after subsection (c) the following new subsection: (d) Rule of construction Nothing in this section shall be construed to prohibit the Secretary from revising occupational performance standards, where such standards are based on validated operational requirements and applied on a sex-neutral basis.; and (7) in subsection (e)(1), as redesignated by paragraph (4)— (A) in the paragraph heading, by striking Gender-neutral and inserting Sex-neutral; and (B) by striking gender-neutral occupational standard and inserting sex-neutral occupational standard.