Sec. 521. Transfer to the Space Force of covered space functions of the Air National Guard of the United States
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During the transition period, the Secretary of the Air Force may transfer to the Space Force the covered space functions of the Air National Guard of the United States. Any such transfer shall occur subject to section 104 of title 32, United States Code, and section 18238 of title 10, United States Code. Upon the transfer to the Space Force of the covered space functions of a unit of the Air National Guard of the United States, the Secretary of the Air Force may change the status of the unit from a unit of the Air National Guard of the United States to a unit of the United States Space Force;
During the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air National Guard of the United States to, and appoint the officer in, the Space Force. During the transition period, the Secretary of the Air Force may transfer each covered enlisted member of the Air National Guard of the United States to the Space Force, other than those covered enlisted members who do not consent to transfer. Upon such a transfer, the covered enlisted member so transferred ceases to be a member of the Air National Guard of the United States and is discharged from the enlistment of such covered enlisted member as a Reserve of the Air Force.
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. Not more than 580 members of the Air National Guard may be transferred under this subsection. Transfers under subsection
(c)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. In the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (c), the Secretary of the Air Force may accept the initial enlistment of the enlisted member in the Space Force for a period of less than two 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 enlisted member’s term of enlistment in a reserve component of the Air Force. During the transition period, upon the transfer to the Space Force of a covered space function of the Air National Guard of the United States— 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 the end strength authorized for the Air National Guard of the United States pursuant to section 115(a)(2) of such title for such fiscal year shall be decreased by the same number. For purposes of the transfer of covered members of the Air National Guard of the United States in accordance with subsection (c)— the Air National Guard of the United States and the Space Force shall be considered to be components of the same Armed Force; and the Space Force officer list shall be considered to be an active-duty list of an Armed Force. If a covered member of the Air National Guard of the United States does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force shall provide the covered member retraining and reassignment within a reserve component of the Air Force. In order to reduce the cost of transferring to the Space Force the covered space functions of the Air National Guard of the United States, and to reduce the impact of such transfer on the affected State, the following provisions apply: After a covered space function is transferred to the Space Force from the Air National Guard of the United States, the Space Force shall continue to perform the covered space function within the affected State; Except when the Secretary of the Air Force determines that it would not be in the best interests of the United States, the Secretary shall seek to enter into an agreement with the Governor of an affected State, to provide for the Space Force to become a tenant organization on an installation of the National Guard of the affected State at which a covered space function was executed. Not later than January 31 of each year during the transition period, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the transfer of covered space functions of the Air National Guard of the United States to the Space Force. Each such report shall include the following elements with respect to the year preceding the date of the report: A detailed description of actions taken to transfer the covered space functions to the Space Force. An assessment of the effect of the transfers on the readiness and capabilities of the Space Force and the Air National Guard. A summary of any challenge encountered during the transfer and steps taken to overcome such challenge. The number of officers and enlisted members transferred to the Space Force. Any recommendation of the Secretary, including additional legislation, to improve such transfer. In this section: The term covered space functions of the Air National Guard of the United States means all Federal missions, units, personnel billets, equipment, and resources of the Air National Guard of the United States associated with the performance of a space-related function that is (as determined by the Secretary of the Air Force, in consultation with the Chief of Space Operations)— a core space-related function of the Space Force; or otherwise integral to the mission of the Space Force. The term affected State means a State or territory the National Guard of that would be affected by the transfer of covered space functions to the Space Force. The term covered , with respect to a member of the Air National Guard of the United States, has the meaning provided in section 1733(g) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 137 Stat. 676). The term transition period means the period beginning on the date of the enactment of this Act and ending on the last day of the fourth fiscal year beginning after the date of the enactment of this Act.
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Sec. 521
Transfer to the Space Force of covered space functions of the Air National Guard of the United States
Stat.137 Stat. 676
Cites 2Cited by 0 across 0 sources