2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 37 - GENERAL SERVICE REQUIREMENTS (§§ 651 - 657)
Section 652 - Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 37 - GENERAL SERVICE REQUIREMENTS Sec. 652 - Notice to Congress of proposed changes in units, assignments, etc. to which female members may be assigned |
Contains | section 652 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-163, div. A, title V, §541(a)(1), Jan. 6, 2006, 119 Stat. 3251. |
Statutes at Large References | 62 Stat. 604 92 Stat. 1616 107 Stat. 1659 108 Stat. 2980 119 Stat. 3251 |
Public Law References | Public Law 95-485, Public Law 103-160, Public Law 103-337, Public Law 109-163 |
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(a)
(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)
(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.
(Added Pub. L. 109–163, div. A, title V, §541(a)(1), Jan. 6, 2006, 119 Stat. 3251.)
REFERENCES IN TEXTThe Military Selective Service Act, referred to in subsec. (a)(3)(B), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 451 of Title 50, Appendix, and Tables.
PRIOR PROVISIONSA prior section 652, added Pub. L. 95–485, title IV, §405(d)(1), Oct. 20, 1978, 92 Stat. 1616, related to Ready Reserve requirement of notification of change of status, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, effective Dec. 1, 1994. See section 10205 of this title.
Provisions similar to those in this section were contained in Pub. L. 103–160, div. A, title V, §542, Nov. 30, 1993, 107 Stat. 1659, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 109–163, §541(c).
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