Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2024 · Sec. 1722

Sec. 1722. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE

3,218 words·~15 min read·/statute-compilations/comps-17632/sec-1722

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1722 AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE ###
(a)Provisions Relating to Organization and General Military Powers Part I of subtitle A of title 10, United States Code, is amended as follows: ####
(1)Annual defense manpower report 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”. ####
(2)Suspension of end-strength and other strength limitations in time of war or national emergency Section 123a(a)(2) is amended by inserting “or the Space Force” after “a reserve component”. ####
(3)Deputy commander of usnorthcom Section 164(e)(4) is amended— #####
(A)by inserting “(A)” after “(4)”; #####
(B)by striking “ shall be a ” and all that follows and inserting > “shall be— > > > ###### “(i) > > 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 > > > ###### “(ii) > > 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 #####
(C)by adding at the end the following new subparagraph: > > ##### “(B) > > 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.” > . ####
(4)Readiness reports **[**[10 U.S.C. 482](/us/usc/t10/s482)**]** Section 482(a) is amended by inserting “and the Space Force” after “active and reserve components” in paragraphs
(1)and (2). ###
(b)DOPMA Officer Personnel Provisions Chapter 36 of such title is amended as follows: ####
(1)Nondisclosure of board proceedings Section 613a is amended by striking “573, 611, or 628” and inserting “573, 611, 628, or 20211” in subsections
(a)and (c). ####
(2)Information furnished to selection boards Section 615(a) is amended— #####
(A)in paragraph (1), by inserting “or 20211” after “section 611(a)”; and #####
(B)in paragraph (3)— ######
(i)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 ######
(ii)in subparagraph (D)— ######
(I)by striking “major general,” and inserting “major general or”; and ######
(II)by striking “or, in the case of the Space Force, the equivalent grade,”. ####
(3)Eligibility for consideration for promotion: time-in-grade and other requirements Section 619(a) is amended by striking “Marine Corps, or Space Force” each place it appears and inserting “or Marine Corps”. ####
(4)Authority to vacate promotions to grades of brigadier general and rear admiral (lower half) Section 625(b) is amended by striking “Marine Corps, or Space Force” and inserting “or Marine Corps”. ####
(5)Special selection review board Section 628a is amended— #####
(A)in subsection (a)(1)(A)— ######
(i)by striking “major general,” and inserting “major general or”; and ######
(ii)by striking “, or an equivalent grade in the Space Force”; #####
(B)in subsection (e)(2), by adding at the end the following new sentence: “Applicability.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 137 STAT. 669 apply to report and proceedings of a promotion board convened under section 20211 of this title.”, and #####
(C)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.”. ####
(6)Retirement for years of service #####
(A)Lieutenant colonels **[**[10 U.S.C. 633](/us/usc/t10/s633)**]** Section 633(a) is amended— ######
(i)by inserting “(1)” before “Except as”; ######
(ii)by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”; and ######
(iii)by adding at the end the following new paragraph: > > #### “(2) > > 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.” > . #####
(B)Colonels Section 634(a) is amended— ######
(i)by inserting “(1)” before “Except as”; ######
(ii)by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”; and ######
(iii)by adding at the end the following new paragraph: > > #### “(2) > > 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.” > . #####
(C)Brigadier generals Section 635 is amended— ######
(i)by inserting “(a) Army, Navy, Air Force, and Marine Corps.—” before “Except as”; ######
(ii)by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”; and ######
(iii)by adding at the end the following new subsection: > > ### “(b) Space Force > > 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).” > . #####
(D)Officers in grades above brigadier general Section 636(a) is amended— ######
(i)by inserting “(1)” before “Except as”; ######
(ii)by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”; and ######
(iii)by adding at the end the following new paragraph: > > #### “(2) > > 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).” > . #####
(E)Section headings ######
(i)The heading of section 633 is amended by striking “lieutenant colonels and” and inserting “and Space Force lieutenant colonels; regular Navy”. ######
(ii)The heading of section 634 is amended by striking “colonels and” and inserting “and Space Force colonels; regular”. ######
(iii)The heading of section 635 is amended by striking “brigadier generals and” and inserting “and Space Force brigadier generals; regular Navy”. ######
(iv)The heading of section 636 is amended by striking “officers in grades above brigadier general and” and inserting “and Space Force officers in grades above brigadier general; regular Navy officers in grades above”. ###
(c)Management Policies for Joint Qualified Officers Section 661(a) of such title is amended— ####
(1)by striking “Marine Corps, and Space Force” and inserting “and Marine Corps”; and ####
(2)by inserting “, and officers of the Space Force on the Space Force officer list,” after “active-duty list”. ###
(d)Leave Chapter 40 of such title is amended as follows: ####
(1)Entitlement and accumulation Section 701 is amended— #####
(A)in subsection (h)— ######
(i)by inserting at the end of paragraph
(2)the following new subparagraph: > > ##### “(D) > > A member of the Space Force in a space force active status, not on sustained duty.” > ; and ######
(ii)in paragraphs (5)(B) and (6), by inserting “, or of the Space Force,” after “member of a reserve component”; and #####
(B)in subsection (i), by inserting “, or of the Space Force,” after “member of a reserve component”. ####
(2)Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken Section 707a(a)(1) is amended by inserting “or 20503” after “section 1182(c)(2)”. ####
(3)Career flexibility to enhance retention of members Section 710 is amended— #####
(A)in subsection (a), by inserting “or of the Space Force” after “regular components”; #####
(B)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”; #####
(C)in subsection (c)(1), by inserting before the period at the end the following: “or, in the case of a member 137 STAT. 671 of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status”; and #####
(D)in subsection (g)(1)(A), by striking “chapter 36 or 1405” and inserting “chapter 36, 1405, or 2005”. ###
(e)Limitation on Number of Offices Who May Be Frocked to a Higher Grade **[**[10 U.S.C. 777](/us/usc/t10/s777)**]** 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”. ###
(f)Uniform Code of Military Justice Chapter 47 of such title (the Uniform Code of Military Justice), is amended as follows: ####
(1)Persons subject to ucmj Section 802 (article 2) is amended— #####
(A)in subsection (a)— ######
(i)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,”; ######
(ii)in paragraph (3)(A)(i), by inserting “or the Space Force” after “reserve component”; ######
(iii)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 ######
(iv)by adding at the end the following new paragraph: > > #### “(14) > > Retired members of the Space Force who qualified for a regular retirement under section 20603 of this title and are receiving retired pay.” > ; and #####
(B)in subsection (d)— ######
(i)in paragraph (1), by inserting “or the Space Force” after “reserve component”; ######
(ii)in paragraph (2), by inserting “or the Space Force” after “a reserve component”; and ######
(iii)in paragraph (4), by inserting “or the Space Force” after “in a regular component of the armed forces”. ####
(2)Jurisdiction to try certain personnel Subsection
(d)of section 803 (article 3) is amended by inserting, “or the Space Force” after “reserve component”. ####
(3)Articles to be explained Section 937 (article 137) is amended— #####
(A)in subsection (a)(1)— ######
(i)by striking “or” at the end of subparagraph (A); ######
(ii)by striking the period at the end of subparagraph
(B)and inserting “; or”; and ######
(iii)by adding at the end the following new subparagraph: > > ##### “(C) > > the member’s initial entrance on active duty or into a space force active status.” > ; #####
(B)in subsection (a)(2)— ######
(i)by striking “and” at the end of subparagraph (A); ######
(ii)by redesignating subparagraph
(B)as subparagraph (C); and ######
(iii)by inserting after subparagraph
(A)the following new subparagraph: > > ##### “(B) > > 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” > ; #####
(C)in subsection (b)(1)(B), by inserting “or the Space Force” after “in a reserve component”; and #####
(D)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,”. ###
(f)Restriction on Performance of Civil Functions by Officers on Active Duty Section 973(b)(1) of such title 10 is amended— ####
(1)by striking “and” at the end of subparagraph (B); ####
(2)by striking the period at the end of subparagraph
(C)and inserting “; and”; and ####
(3)by adding at the end the following new subparagraph: > > ##### “(D) > > 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.” > . ###
(h)Use of Commissary Stores and MWR Retail Facilities Section 1063 of such title is amended— ####
(1)in subsection (c)— #####
(A)in the heading, by inserting “and Space Force” after “Reserve”; and #####
(B)by inserting “or the Space Force” after “reserve component”; ####
(2)by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; ####
(3)by inserting after subsection
(c)the following new subsection (d): > > ### “(d) Members of the Space Force > > 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 ####
(4)in subsection (e), as redesignated by paragraph (2), by striking “subsection
(a)or (b)” in paragraph
(1)and inserting “subsection (a), (b), or (d)”. ###
(i)Members Involuntary Separated ####
(1)Eligibility for certain benefits and services Section 1141 of such title is amended— #####
(A)by striking “and” at the end of paragraph (3); #####
(B)by striking the period at the end of paragraph
(4)and inserting a semicolon; and #####
(C)by adding at the end the following new paragraphs: > > #### “(5) > > 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 > > > #### “(6) > > in the case of an enlisted member of the Space Force, the member is— > > > ##### “(A) > > denied reenlistment; or > > > ##### “(B) > > involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force.” > . ####
(2)Separation pay **[**[10 U.S.C. 1174](/us/usc/t10/s1174)**]** 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”. ###
(j)Boards for the Correction of Military Records Chapter 79 of such title is amended as follows: ####
(1)Review of actions of selection boards and correction of military records Section 1558 is amended— #####
(A)inserting “, or the Space Force,” after “reserve component” each place it appears; and #####
(B)in subsection (b)— ######
(i)in paragraph (1)(C), by striking “section 628 or 14502” and inserting “section 628, 14502, or 20252”; ######
(ii)in paragraph (2)(A), by striking “or 14705” and inserting “14507, or 20403”; and ######
(iii)in paragraph (2)(B)(i), by striking “or 14101(a)” and inserting “14101(a), or 20211”. ####
(2)Title of air force service review agency #####
(A)Sections 1555(c)(3) and 1557(f)(3) are amended by inserting “the Department of” after “Air Force,”. #####
(B)Section 1556(a) is amended by inserting “the Department of” after “the Army Review Boards Agency,”. #####
(C)Section 1559(c)(3) is amended by inserting “the Department of the” after “Air Force,”. ###
(k)Military Family Programs Chapter 88 of such title is amended as follows: ####
(1)Members of department of defense military readiness council Section 1781a(b)(1)(B)(iii) is amended— #####
(A)by striking “member and” and inserting “member,”; and #####
(B)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”. ####
(2)Department of defense policy and plans for military family readiness Section 1781b is amended— #####
(A)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 #####
(B)in subsection (c)(2)— ######
(i)by striking “both”; and ######
(ii)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”. ###
(l)Training and Education Programs ####
(1)Payment of tuition for off-duty training or education Section 2007 of such title is amended by adding at the end the following new subsection: > > ### “(g) > > 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.” > . ####
(2)ROTC financial assistant program for specially selected members **[**[10 U.S.C. 2107](/us/usc/t10/s2107)**]** Section 2107 of such title is amended— #####
(A)in subsection (a)— ######
(i)by striking “Navy,” and inserting “Navy or”; and ######
(ii)by striking “or as an officer in the equivalent grade in the Space Force”; and #####
(B)by adding at the end the following a new subsection: > > ### “(k) Applicability to Space Force > > > ####
(1)> > 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. > > > #### “(2) > > 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.” > . ####
(3)Duty as rotc administrators and instructors 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.”.
Connectionstraces to 5
Citation graph
cites case law
Sec. 1722
AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES CODE
U.S.C.§ 482
U.S.C.§ 633
U.S.C.§ 777
U.S.C.§ 1174
U.S.C.§ 2107
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.