Page:United States Statutes at Large Volume 119.djvu/3269

 PUBLIC LAW 109–163—JAN. 6, 2006 SEC.

540.

119 STAT. 3251

MODIFICATION OF EDUCATIONAL ASSISTANCE FOR RESERVES SUPPORTING CONTINGENCY AND OTHER OPERATIONS.

(a) OFFICIAL RECEIVING ELECTIONS OF BENEFITS.—Section 16163(e) of title 10, United States Code, is amended by striking ‘‘Secretary concerned’’ and inserting ‘‘Secretary of Veterans Affairs’’. (b) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE.— Section 16165 of such title is amended— (1) by striking ‘‘Educational assistance’’ and inserting ‘‘(a) IN GENERAL.—Except as provided in subsection (b), educational assistance’’; and (2) by adding at the end the following new subsection: ‘‘(b) EXCEPTION.—Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve of not more than 90 days if the member continues to serve in the Ready Reserve during and after such break in service.’’.

Subtitle D—General Service Requirements SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

(a) IN GENERAL.— (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 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

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