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Code · BILL · 118th Congress · H.R. 2670 (Reported in House) — To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for militar... · Sec. 1732

Sec. 1732. Amendments to subtitle A of title 10, United States Code

2,656 words·~12 min read·/bill/118/hr/2670/rh/section-1732·

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Part I of subtitle A of title 10, United States Code, is amended as follows: Section 115a(d)(3)(F) is amended by inserting before the period the following: or, in the case of the Space Force, officers ordered to active duty other than under section 20105(b) of this title . Section 123a(a)(2) is amended by inserting or the Space Force after a reserve component . Section 164(e)(4) is amended— by inserting
(A)after
(4); by striking shall be a and all that follows and inserting shall be— a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or a qualified officer of the Space Force whose prior service includes service in a space force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general. ; and by adding at the end the following new subparagraph: The requirement in subparagraph
(A)does not apply when the officer serving as commander of the combatant command described in that subparagraph is
(i)a reserve component officer, or
(ii)an officer of the Space Force whose prior service includes service in a space force active status other than sustained duty. . Section 482(a) is amended by inserting and the Space Force after active and reserve components in paragraphs
(1)and (2). Chapter 36 of such title is amended as follows: Section 613a is amended by striking 573, 611, or 628 and inserting 573, 611, 628, or 20211 in subsections
(a)and (c). Section 615(a) is amended— in paragraph (1), by inserting or 20211 after section 611(a) ; and in paragraph (3)— in subparagraph (B), by striking regular officer and all that follows and inserting regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant. ; and in subparagraph (D)— by striking major general, and inserting major general or ; and by striking or, in the case of the Space Force, the equivalent grade, . Section 619(a) is amended by striking Marine Corps, or Space Force each place it appears and inserting or Marine Corps . Section 625(b) is amended— by striking Marine Corps, or Space Force and inserting or Marine Corps ; and adding at the end the following new sentence: An officer of the Space Force whose promotion is vacated under this section holds the grade of colonel. . Subsections
(a)and
(b)of section 626 are amended by striking section 624 and inserting section 624 or 20251 . Section 628a is amended— in subsection (a)(1)(A)— by striking major general, and inserting major general or ; and by striking , or an equivalent grade in the Space Force ; in subsection (e)(2), by adding at the end the following new sentence: However, in the case of an officer on the space force officer list, the provisions of sections 618, 20215, and 20216 of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to report and proceedings of a promotion board convened under section 20211 of this title. , and in subsection (f)(1), by adding at the end the following new sentence: However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the space force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections
(b)and
(c)of section 20251 of this title. . Section 629 is amended— in subsection (b), by inserting or 20251(c) after section 624(c) ; and in subsections (c)(1) and (c)(4)— by inserting or 20251(a) after section 624(a) ; and by inserting or 20251(c) after section 624(c) . Section 633(a) is amended— by inserting
(1)before Except as ; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and by adding at the end the following new paragraph: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service. . Section 634(a) is amended— by inserting
(1)before Except as ; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and by adding at the end the following new paragraph: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service. . Section 635 is amended— by inserting
(a)before Army, Navy, Air Force, and Marine Corps.— Except as ; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and by adding at the end the following new subsection: Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers recommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a). . Section 636(a) is amended— by inserting
(1)before Except as ; by striking Regular Marine Corps, or Regular Space Force and inserting or Regular Marine Corps ; and by adding at the end the following new paragraph: Except as provided in subsection
(b)or
(c)and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1). . The heading of section 633 is amended by striking and inserting lieutenant colonels and . and Space Force lieutenant colonels; regular Navy The heading of section 634 is amended by striking and inserting colonels and . and Space Force colonels; regular The heading of section 635 is amended by striking and inserting brigadier generals and . and Space Force brigadier generals; regular Navy The heading of section 636 is amended by striking and inserting officers in grades above brigadier general and . and Space Force officers in grades above brigadier general; regular Navy officers in grades above Section 661(a) of such title is amended— by striking Marine Corps, and Space Force and inserting and Marine Corps ; and by inserting , and officers of the Space Force on the space force officer list, after active-duty list . Chapter 40 of such title is amended as follows: Section 701 is amended— in subsection (h)— by inserting at the end of paragraph
(2)the following new subparagraph: A member of the Space Force in a space force active status, not on sustained duty. ; and in paragraphs (5)(B) and (6), by inserting , or of the Space Force, after member of a reserve component ; and in subsection (i), by inserting , or of the Space Force, after member of a reserve component . Section 707a(a)(1) is amended by inserting or 20503 after section 1182(c)(2) . Section 710 is amended— in subsection (a), by inserting or of the Space Force after regular components ; in subsection (b)(2), by inserting , or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title, after officer ; in subsection (c)(1), by inserting before the period at the end the following: or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status ; and in subsection (g)(1)(A), by striking chapter 36 or 1405 and inserting chapter 36, 1405, or 2005 . Section 777(d)(2) of such title is amended by inserting , or for the Space Force, the space force officer list, after active-duty list . Chapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: Section 802 (article 2) is amended— in subsection (a)— in paragraph (1), by inserting and members of the Space Force on active duty under section 20105 of this title, after regular component of the armed forces, ; in paragraph (3)(A)(i), by inserting or the Space Force after reserve component ; in paragraph (5), by inserting , or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, after a reserve component ; and by adding at the end the following new paragraph: Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay. ; and in subsection (d)— in paragraph (1), by inserting or the Space Force after reserve component ; in paragraph (2), by inserting or the Space Force after a reserve component ; and in paragraph (4), by inserting or the Space Force after in a regular component of the armed forces . Subsection
(d)of section 803 (article 3) is amended by inserting, or the Space Force after reserve component . Section 937 (article 137) is amended— in subsection (a)(1)— by striking or at the end of subparagraph (A); by striking the period at the end of subparagraph
(B)and inserting ; or ; and by adding at the end the following new subparagraph: the member’s initial entrance on active duty or into a space force active status. ; in subsection (a)(2)— by striking and at the end of subparagraph (A); by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following new subparagraph: after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and ; in subsection (b)(1)(B), by inserting or the Space Force after in a reserve component ; and in subsection (d), by striking or to a member of a reserve component, and inserting , to a member of a reserve component, or to a member of the Space Force, . Section 973(b)(1) of such title 10 is amended— by striking and at the end of subparagraph (B); by striking the period at the end of subparagraph
(C)and inserting ; and ; and by adding at the end the following new subparagraph: to an officer on the space force officer list serving on active duty under section 20105(b) of this title or under a call or order to active duty for a period in excess of 270 days. . Section 1063 of such title is amended— in subsection (c)— in the heading, by inserting after and space force ; and reserve by inserting or the Space Force after reserve component ; by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; by inserting after subsection
(c)the following new subsection (d): A member of the Space Force in a space force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection
(a)for a member of the Selected Reserve. ; and in subsection (e), as redesignated by paragraph (2), by striking subsection
(a)or
(b)in paragraph
(1)and inserting subsection (a), (b), or
(d). Section 1141 of such title is amended— by striking and at the end of paragraph (3); by striking the period at the end of paragraph
(4)and inserting a semicolon; and by adding at the end the following new paragraphs: in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and in the case of an enlisted member of the Space Force, the member is— denied reenlistment; or involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force. . Section 1174(a)(2) of such title is amended by striking , Marine Corps, or Space Force both places it appears and inserting or Marine Corps . Chapter 79 of such title is amended as follows: Section 1558 is amended— inserting , or the Space Force, after reserve component each place it appears; and in subsection (b)— in paragraph (1)(C), by striking section 628 or 14502 and inserting section 628, 14502, or 20252 ; in paragraph (2)(A), by striking or 14705 and inserting 14507, or 20403 ; and in paragraph (2)(B)(i), by striking or 14101(a) and inserting 14101(a), or 20211 . Sections 1555(c)(3) and 1557(f)(3) are amended by inserting the Department of after Air Force, . Section 1556(a) is amended by inserting the Department of after the Army Review Boards Agency, . Section 1559(c)(3) is amended by inserting the Department of the after Air Force, . Chapter 88 of such title is amended as follows: Section 1781a(b)(1)(B)(iii) is amended— by striking member and and inserting member, ; and by inserting , and one of whom shall be the spouse or parent of a member of the Space Force after parent of a reserve component member . Section 1781b is amended— in subsection (b)(3), by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, the reserve components, and the Space Force ; and in subsection (c)(2)— by striking both ; and by striking military families of members of the regular components and military families of members of the reserve components and inserting military families of members of the regular components, members of the reserve components, and members of the Space Force . Section 2007 of such title is amended by adding at the end the following new subsection: The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a space force active status who are not on active duty. . Section 2107 of such title is amended— in subsection (a)— by striking Navy, and inserting Navy or ; and by striking or as an officer in the equivalent grade in the Space Force ; and by adding at the end the following a new subsection: Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) of this title. Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) of this title. . Section 2111 of such title is amended by adding at the end the following new sentence: The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force. .
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