Sec. 515. 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 shall transfer to the Space Force the covered space functions of the Air National Guard of the United States. The transfer shall occur without regard to section 104 of title 32, United States Code, or section 18238 of title 10, United States Code. With regard to personnel billets, the statutory waiver under paragraph
(1)is limited to 578 personnel billets from across the Air National Guard to the Space Force as follows: 33 personnel from the State of Alaska. 126 personnel from the State of California. 119 personnel from the State of Colorado. 75 personnel from the State of Florida. 130 personnel from the State of Hawaii. 69 personnel from the State of Ohio. 26 personnel assigned to Headquarters, Air National Guard 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; deactivate the unit; or assign the unit a new Federal mission. 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 members who do not consent to transfer. Upon such a transfer, the transferred member ceases to be a member of the Air National Guard of the United States and is discharged from the member’s enlistment 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. For any covered officer or covered enlisted member affected by paragraphs
(1)or (2), each officer or member shall have— not less than one year from the date of the enactment of this Act or the period of time the Secretary concerned considers appropriate, whichever is longer, to elect to transfer to the Space Force; and to the maximum extent practicable, 3 years of location stability— in the location where the officer or member is assigned on the date the officer or member elects to transfer to the Space Force; and commencing on the first date the officer or member reports as an officer or member of the Space Force. 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 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. 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. 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 (c), the Secretary of the Air Force shall, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within the reserve component of the Air Force. The Secretary of the Air Force shall ensure that any member of the Air National Guard who joins the Space Force as a result of a transfer under subsection
(c)will not lose rank or pay upon transferring to the Space 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: Except as provided in paragraph (2), 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 for a period of not less than 10 years following the effective date of such transfer. Except when the Secretary of the Air Force determines that it would not be in the best interests of the United States, the Secretary may not move the Space Force unit, equipment, or billets associated with the covered space function out of the affected State during the 10-year period following the transfer of such unit, equipment, or billets into the Space Force until— the Secretary of the Air Force has notified the congressional defense committees of the details of such move and provided an explanation regarding why the move is necessary to support the National Defense Strategy; and a period of 120 days has elapsed after the notification has been received by those committees. 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. In this section: The term affected State means the States of Alaska, California, Colorado, Florida, Hawaii, and Ohio; The term covered member , with respect to a member of the Air National Guard of the United States, has the meaning given the term in section 1733(g) of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ; 137 Stat. 676); The term covered space functions of the Air National Guard of the United States means the following units of the Air National Guard of the United States associated with the performance of a space-related function, including their personnel, equipment, and resources: 213th Space Warning Squadron, Alaska Air National Guard. 148th Space Operations Squadron, California Air National Guard. 216th Electromagnetic Warfare Squadron, California Air National Guard. 137th Space Warning Squadron, Colorado Air National Guard. 138th Electromagnetic Warfare Squadron, Colorado Air National Guard. 114th Electromagnetic Warfare Squadron, Florida Air National Guard. 150th Electromagnetic Warfare Squadron, Hawaii Air National Guard. 109th Electromagnetic Warfare Squadron, Hawaii Air National Guard. 126th Intelligence Squadron, Ohio Air National Guard. 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 eighth fiscal year beginning after the date of the enactment of this Act.
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- 137 Stat. 676
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Sec. 515
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