§ 652. Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 541(a)(1) · 119 Stat. 3136

   Enacted · 10 U.S.C. § 652

   Added Pub. L. 109–163, div. A, title V, § 541(a)(1), Jan. 6, 2006, 119 Stat. 3251

   Source evidence

   Code source credit
   Added Pub. L. 109–163, div. A, title V, § 541(a)(1), Jan. 6, 2006, 119 Stat. 3251

   Enacted provision · exact public law section
   (1) Chapter 37 of title 10, United States Code, is amended by inserting after section 651 the following new section: “§ 652. Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned “(a) Rule for Ground Combat Personnel Policy.— (1) If the Secretary of Defense proposes to make any change described in paragraph (2)(A) or (2)(B) to the ground combat exclusion policy or proposes to make a change described in paragraph (2)(C), the Secretary shall, before any such change is implemented, submit to Congress Effective date. a report providing notice of the proposed change. Such a change may then be implemented only after the end of a period of 30 days of continuous session of Congress (excluding any day on which either House of Congress is not in session) following the date on which the report is received. “(2) A change referred to in paragraph (1) is a change that— “(A) closes to female members of the armed forces any category of unit or position that at that time is open to service by such members; “(B) opens to service by female members of the armed forces any category of unit or position that at that time is closed to service by such members; or “(C) opens or closes to the assignment of female members of the armed forces any military career designator as described in paragraph (6). “(3) The Secretary shall include in any report under paragraph (1)— “(A) a detailed description of, and justification for, the proposed change; 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 (50 App. U.S.C. 451 et seq.) to males only. “(4) In this subsection, the term ‘ground combat exclusion policy’ means the military personnel policies of the Department of Defense and the military departments, as in effect on October 1, 1994, by which female members of the armed forces are restricted from assignment to units and positions below brigade level whose primary mission is to engage in direct combat on the ground. “(5) For purposes of this subsection, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die. “(6) For purposes of this subsection, a military career designator is one that is related to military operations on the ground as of May 18, 2005, and applies— “(A) for enlisted members and warrant officers, to military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and “(B) for officers (other than warrant officers), to officer areas of concentration, occupational specialties, specialty codes, designators, additional skill identifiers, and special qualification identifiers. “(b) Other Personnel Policy Changes.— (1) Except in a case covered by section 6035 of this title or by subsection (a), whenever the Secretary of Defense proposes to make a change to military personnel policies described in paragraph (2), the Secretary shall, not less than 30 days before such change is implemented, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice, in writing, of the proposed change. “(2) Paragraph (1) applies to a proposed military personnel policy change, other than a policy change covered by subsection (a), that would make available to female members of the armed forces assignment to any of the following that, as of the date of the proposed change, is closed to such assignment: “(A) Any type of unit not covered by subsection (a). “(B) Any class of combat vessel. “(C) Any type of combat platform.” .

2. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 524(a)(1) · 129 Stat. 726

   1. Substituted · 10 U.S.C. § 652(a)(1)

      Pub. L. 114–92, § 524(a)(1), substituted “not less than 30 calendar days before such change is implemented” for “before any such change is implemented”

   2. Struck · 10 U.S.C. § 652(a)(1)

      Pub. L. 114–92, § 524(a)(1), struck out at end “Such a change may then be implemented only after the end of a period of 30 days of continuous session of Congress (excluding any day on which either House of Congress is not in session) following the date on which the report is received.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–92, § 524(a)(1), substituted “not less than 30 calendar days before such change is implemented” for “before any such change is implemented” and struck out at end “Such a change may then be implemented only after the end of a period of 30 days of continuous session of Congress (excluding any day on which either House of Congress is not in session) following the date on which the report is received.”

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) in the first sentence, by striking “before any such change is implemented” and inserting “not less than 30 calendar days before such change is implemented”; and (B) by striking the second sentence; and

3. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 524(a)(2) · 129 Stat. 726

   Struck · 10 U.S.C. § 652(a)(5)

   Pub. L. 114–92, § 524(a)(2), struck out par. (5) which read as follows: “For purposes of this subsection, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die.”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 114–92, § 524(a)(2), struck out par. (5) which read as follows: “For purposes of this subsection, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die.”

   Enacted provision · exact public law section
   (2) by striking paragraph (5).

4. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 524(b) · 129 Stat. 726

   Inserted · 10 U.S.C. § 652(b)(1)

   Pub. L. 114–92, § 524(b), inserted “calendar” before “days”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–92, § 524(b), inserted “calendar” before “days”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 652(b)(1) of title 10, United States Code, is amended by inserting “calendar” before “days”.

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 652(b)

   Pub. L. 115–232 substituted “section 8225” for “section 6035”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–232 substituted “section 8225” for “section 6035”.

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6 of 6 references resolved to an enrolled provision