Sec. 1743. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard
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/bill/118/s/2226/rs/section-1743·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air Force Reserve or the Air National Guard 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 Force Reserve or the Air National Guard to the Space Force, other than those members who do not consent to the transfer. 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.
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. 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 the Air Force Reserve. During the transition period, upon the transfer of a mission of the Air Force Reserve or the Air National Guard to the Space Force— 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 Force Reserve and the Air National Guard 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 Force Reserve in accordance with subsection (a)— the Air Force Reserve, the Air National Guard, 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 Force Reserve or the Air National Guard 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 the Air Force Reserve. For purposes of this section, the term covered , with respect to a member of the Air Force Reserve or the Air National Guard, means— 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 any other member designated by the Secretary of the Air Force for the purposes of this section.