Sec. 1707. Transfer of personnel, property, and resources and other transition matters
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Subject to paragraph (2), for purposes of this section, the transition period is the period that ends on the date that is five years after the date of the enactment of this Act. The Secretary of Defense may extend the transition period described in paragraph
(1)for not more than two years if the Secretary— determines an extension is necessary to accomplish the initial establishment of the United States Space Force; and submits to the congressional defense committees notice of the Secretary’s intent to extend the transition period. Notwithstanding any other provision of law, the Secretary of Defense, in the sole and exclusive discretion of the Secretary, may, during the transition period, transfer officers and enlisted members of the Armed Forces within the Department of Defense to become officers and enlisted members of the United States Space Force. A transfer under paragraph
(1)may be made on a voluntary or involuntary basis. Military personnel transferred to the Space Force from another Armed Force within the Department of Defense pursuant to this subsection shall retain the grade and date of obtaining such grade that the individual person had before the date of the transfer unless otherwise altered or terminated in accordance with law. For all purposes under law, the length, character, and type of service of such personnel transferred to the Space Force shall be calculated to include the same length, character, and type of service in the Armed Force from which such personnel are transferred as if there was no break in service. No transfer under this subsection shall alter or prejudice the status of any individual so transferred, so as to deprive the individual of any right, benefit, or privilege to which the individual may be entitled under law due to the service of the individual in an Armed Force within the Department of Defense other than the Space Force. No funds previously paid to a military member as a valid pay or bonus provided pursuant to chapter 5 of title 37, United States Code, may be recouped if a member’s disqualification for the pay or bonus is solely due to a transfer under this subsection. Notwithstanding any other provision of law, the Secretary of Defense, in the sole and exclusive discretion of the Secretary, may, during the transition period— establish regulations to effectuate any necessary transfers of civilian personnel among the military departments and other components of the Department of Defense, and any necessary reductions or adjustments in force; and effectuate such transfers (on a voluntary or involuntary basis) and reductions or adjustments in force pursuant to the regulations established in subparagraph (A). No employee transferred in accordance with this subsection shall suffer any loss of or decrease in pay as a result of that transfer. A personnel action taken pursuant to this subsection is final and is not subject to any other provision of law that provides appellate rights or procedures for civilian employees of the Department of Defense. Notwithstanding any other provision of law, the Secretary of Defense, in the sole and exclusive discretion of the Secretary, may, during the transition period, direct the transfer of equipment, supplies, other property not deemed to be real property, and records from a military department or other Department of Defense component to the Department of the Air Force. Notwithstanding any other provision of law, the Secretary of Defense, in the sole and exclusive discretion of the Secretary, may, during the transition period, transfer organizations or functions within the Department of Defense to the Space Force, including civilian personnel, assets, equipment, and obligations of those organizations or functions. Notwithstanding any other provision of law, the Secretary of Defense, in the sole and exclusive discretion of the Secretary, may, during the transition period— transfer to the Department of the Air Force balances from appropriations or funds currently available for obligation by the military departments and other components of the Department of Defense from which personnel, equipment, supplies, property, or records have been transferred pursuant to subsections (b),
(c)and (d), to be used for a purpose for which the appropriations or funds were originally available; and credit amounts transferred to an applicable existing or new appropriation account or fund, to be merged with and to be available for the same time period as the appropriation or fund, to which transferred. The authority under this subsection is in addition to any other transfer authority provided by law. Notwithstanding any other provision of law, the Secretary of Defense may, during the transition period, authorize space forces, organizations, functions, personnel, installations, or facilities transferred to the Department of the Air Force to be funded, operated, or controlled by another Department of Defense component, including a military department, without compensation or reimbursement, if the Secretary determines that action is essential to maintain space mission integrity and readiness. The amounts expended on space organizations shall be excluded from the calculation of the amounts that may be obligated and expended on major headquarters activities pursuant to section 931 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) and major Department of Defense headquarters activities pursuant to section 346(b) of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 111 note). In this subsection, the term space organizations means the following: The office of the Under Secretary of the Air Force for Space. The Space Staff. Notwithstanding any other provision of law, during the transition period, members of the Armed Forces appointed, assigned, or transferred to the Space Force and civilian employees appointed, assigned, or transferred to or within the Department of the Air Force to support the Space Force shall not count against any limitation on manpower that may apply to the Department of the Air Force, including— sections 517, 523, 525, 526, 526a, 9014, and 9110 of title 10, United States Code; section 3133 of title 5, United States Code; and sections 501 and 1109 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 525 note; 5 U.S.C. 3133 note).
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Sec. 1707
Transfer of personnel, property, and resources and other transition matters
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