Puspan. L. 118–31, div. A, title XVII, subtitle C, Dec. 22, 2023, 137 Stat. 675, provided that: “In this subtitle, the term ‘transition period’ means the period beginning on the date of the enactment of this Act [Dec. 22, 2023] and ending on the last day of the fourth fiscal year beginning after the date of the enactment of this Act. [Repealed section 9085 of this title.]
Statutory Notes and Related Subsidiaries
Transition Provisions
“(a)Change of Duty Status.—
“(1)Conversion of status and order to sustained duty.—During the transition period, the Secretary of the Air Force shall change the duty status of each member of the Regular Space Force to space force active status and shall, at the same time, order the member to sustained duty under section 20105 of title 10, United States Code, as added by section 1715. Any such order may be made without regard to any otherwise applicable requirement that such an order be made only with the consent of the member or as specified in an enlistment agreement or active-duty service commitment.
“(2)Definitions.—For purposes of this section, the terms ‘space force active status’ and ‘sustained duty’ have the meanings given those terms by subsection (e) of section 101 of title 10, United States Code, as added by section 1713(a).
“(span)Effective Date of Change of Duty Status.—The change of a member’s duty status and order to sustained duty in accordance with subsection (a) shall be effective on the date specified by the Secretary of the Air Force, but not later than the last day of the transition period.
“(a)Transfer of Members.—
“(1)Officers.—During the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of a reserve component of the Air Force to, and appoint the officer in, the Space Force.
“(2)Enlisted members.—During the transition period, the Secretary of the Air Force may transfer each covered enlisted member of a reserve component of the Air Force to the Space Force, other than those members who do not consent to the transfer.
“(3)Effective date of transfers.—Each transfer under this subsection shall be effective on the date specified by the Secretary of Defense, in the case of an officer, or the Secretary of the Air Force, in the case of an enlisted member, but not later than the last day of the transition period.
“(span)Regulations.—Transfers under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. In the case of an officer, applicable regulations shall include those prescribed pursuant to section 716 of title 10, United States Code.
“(c)Term of Initial Enlistment in Space Force.—In the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (a), the Secretary of the Air Force may accept the initial enlistment of the member in the Space Force for a period of less than 2 years, but only if the period of enlistment in the Space Force is not less than the period remaining, as of the date of the transfer, in the member’s term of enlistment in a reserve component of the Air Force.
“(d)End Strength Adjustments Upon Transfers From Reserve Components of the Air Force.—During the transition period, upon the transfer of a mission of the Air Force Reserve to the Space Force—
“(1) the end strength authorized for the Space Force pursuant to section 115(a)(1)(A) of title 10, United States Code, for the fiscal year during which the transfer occurs shall be increased by the number of billets associated with that mission; and
“(2) the end strength authorized for the reserve components of the Air Force pursuant to section 115(a)(2) of such title for such fiscal year shall be decreased by the same number.
“(e)Administrative Provisions.—For purposes of the transfer of covered members of the Air Force Reserve in accordance with subsection (a)—
“(1) the Air Force Reserve, the Air National Guard, and the Space Force shall be considered to be components of the same Armed Force; and
“(2) the Space Force officer list shall be considered to be an active-duty list of an Armed Force.
“(f)Retraining and Reassignment for Members Not Transferring.—If a covered member of a reserve component of the Air Force does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force may, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within a reserve component of the Air Force.
“(g)Covered Defined.—For purposes of this section, the term ‘covered’, with respect to a member of a reserve component of the Air Force, means—
“(1) a member who, as of the date of the enactment of this Act, holds an Air Force specialty code for a specialty held by members of the Space Force; and
“(2) any other member designated by the Secretary of the Air Force for the purposes of this section.
“(a)Placement on List.—Officers of the Space Force whose duty status is changed in accordance with section 1732, and officers of the reserve components of the Air Force who transfer to the Space Force in accordance with 1733, shall be placed on the Space Force officer list in an order determined by their respective grades and dates of rank.
“(span)Officers of Same Grade and Date of Rank.—Among officers of the same grade and date of rank, placement on the Space Force officer list shall be in the order of their rank as determined in accordance with section 741(c) of title 10, United States Code.
“(a)Disestablishment.—The Secretary of the Air Force shall disestablish the Regular Space Force not later than the end of the transition period, once there are no longer any members remaining in the Regular Space Force. The Regular Space Force shall be disestablished upon the completion of the change of duty status of all members of the Space Force pursuant to section 1742 [probably should be section “1732”] and certification by the Secretary of the Air Force to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that there are no longer any members of the Regular Space Force.
“(span)Publication of Notice in Federal Register.—The Secretary shall publish in the Federal Register notice of the disestablishment of the Regular Space Force, including the date thereof, together with any certification submitted pursuant to subsection (a).
“(c)Conforming Repeal.—
“(1)Repeal.—
“(2)Effective date.—The amendment made by this subsection shall take effect on the date on which the certification is submitted under subsection (a).
“(a)Additional Authority to Vary End Strengths.—
“(1)Authority.—Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for a fiscal year as follows:
“(A) Increase the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength.
“(B) Decrease the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength.
“(2)Termination.—The authority provided under paragraph (1) shall terminate on the last day of the transition period.
“(span)Temporary Exemption for the Space Force From End Strength Grade Restrictions.—Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force during the transition period.
“(a)Promotion Authority Flexibility.—During the transition period, the Secretary of the Air Force may convene selection boards to consider officers on the space force officer list for promotion, and may promote Space Force officers selected by such boards, in accordance with any of the following provisions of title 10, United States Code:
“(1) Chapter 36.
“(2) Part III of subtitle E.
“(3) Chapter 2005, as added by section 1716.
“(span)Coordination of Provisions.—
“(1) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with chapter 36 of such title—
“(A) provisions that apply to an officer of a regular component of the Armed Forces shall apply to an officer of the Space Force; and
“(B) the space force officer list shall be considered to be an active-duty list.
“(2) For a selection board convened pursuant to pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with part III of subtitle E of such title—
“(A) provisions that apply to an officer of a reserve component of the Armed Forces shall apply to an officer of the Space Force; and
“(B) the space force officer list shall be considered to be a reserve active-status list.
“(3) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with either chapter 36 or part III of subtitle E of such title—
“(A) section 20213 of such title shall apply to the composition of the selection board;
“(B) the provisions of chapter 2005 of such title regarding officers on the space force officer list eligible to be considered for promotion to the grade of brigadier general or major general shall apply;
“(C) section 20216 of such title shall apply; and
“(D) the provisions of chapter 36 or part III of subtitle E of such title, as the case may be, regarding failure of selection for promotion shall apply.
“(c)Effect of Using New Chapter 2005 Authorities.—If the Secretary of the Air Force convenes a selection board under chapter 2005 of title 10, United States Code, as added by section 1716, to consider officers on the space force officer list in a particular grade and competitive category for selection for promotion to the next higher grade, the Secretary may not convene a future selection board pursuant to subsection (a) to consider officers of the same grade and competitive category under chapter 36 or part III of subtitle E of such title.”