825 
•HR 2670 RH1S 
(1) IN GENERAL.—Not later than 270 days after 
entering into an arrangement under subsection (a), 
the Secretary of Defense shall submit to the congres-
sional defense committees a report that includes— 
(A) an unaltered copy of independent as-
sessment completed pursuant to the arrangement; 
and 
(B) any views of the Secretary of Defense 
with respect to such assessment. 
(2) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex. 
Subtitle D—Other Matters 
SEC. 1681. INCLUSION OF PERMANENT SELECT COMMITTEE 
ON INTELLIGENCE OF THE HOUSE OF REP-
RESENTATIVES 
AS 
RECIPIENT 
OF 
QUAR-
TERLY INFORMATION OPERATIONS BRIEF-
INGS. 
Section 1631(d)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1742; 10 U.S.C. 397 note) is amended by inserting 
‘‘and the Permanent Select Committee on Intelligence of the 
House of Representatives’’ after ‘‘congressional defense com-
mittees’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00825
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
826 
•HR 2670 RH1S 
SEC. 1682. MODIFICATION TO AUTHORITY TO USE OPER-
ATION 
AND 
MAINTENANCE 
FUNDS 
FOR 
CYBER OPERATIONS-PECULIAR CAPABILITY 
DEVELOPMENT PROJECTS. 
Section 1640 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116-92) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘ and each Secretary of the 
military departments concerned’’; 
(B) by striking ‘‘per use’’ and inserting 
‘‘per project’’; and 
(C) by striking ‘‘through 2025’’ and insert-
ing ‘‘through 2028’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) LIMITATION.—Each fiscal year, the Commander 
of the United States Cyber Command may obligate and ex-
pend under subsection (a) not more than $16,000,000.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’; and 
(B) by striking ‘‘the Secretary of Defense, or 
his designee, and each Secretary of the military 
departments concerned, or their designees,’’ and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00826
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
827 
•HR 2670 RH1S 
inserting ‘‘the Secretary of Defense (or a des-
ignee)’’; and 
(4) in subsection (d), by striking ‘‘2025’’ and in-
serting ‘‘2028’’. 
SEC. 1683. COOPERATIVE THREAT REDUCTION FUNDS. 
(a) FUNDING ALLOCATION.—Of the $350,999,000 au-
thorized to be appropriated to the Department of Defense 
for fiscal year 2024 in section 301 and made available by 
the funding table in division D for the Department of De-
fense Cooperative Threat Reduction Program established 
under section 1321 of the Department of Defense Coopera-
tive Threat Reduction Act (50 U.S.C. 3711), the following 
amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination, 
$6,815,000. 
(2) For chemical security and elimination, 
$16,400,000. 
(3) For global nuclear security, $19,406,000. 
(4) For biological threat reduction, $228,030,000. 
(5) For proliferation prevention, $46,324,000. 
(6) For activities designated as Other Assess-
ments/Administration Costs, $34,024,000. 
(b) SPECIFICATION OF COOPERATIVE THREAT REDUC-
TION FUNDS.—Funds appropriated pursuant to the author-
ization of appropriations in section 301 and made avail-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00827
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
828 
•HR 2670 RH1S 
able by the funding table in division D for the Department 
of Defense Cooperative Threat Reduction Program shall be 
available for obligation for fiscal years 2024, 2025, and 
2026. 
SEC. 1684. QUARTERLY BRIEFINGS ON IMPLEMENTATION 
OF MILITARY-CODE COMPLIANT GPS RECEIV-
ERS THROUGH MILITARY GPS USER EQUIP-
MENT PROGRAM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Section 2979b of title 10, United States Code, 
which was enacted as part of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 
117–81), establishes the Council on Oversight of the 
Department of Defense Positioning, Navigation, and 
Timing Enterprise to oversee all aspects of the posi-
tioning, navigation, and timing enterprise of the De-
partment of Defense. 
(2) The law requires the Council to be co-chaired 
by the Vice Chairman of the Joint Chiefs of Staff, the 
Under Secretary for Research and Engineering, and 
the Under Secretary of Defense for Acquisition and 
Sustainment, whose responsibilities are to coordinate 
on matters of positioning, navigation, and timing ac-
quisitions to confirm that approved positioning, navi-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00828
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
829 
•HR 2670 RH1S 
gation, and timing policies are implemented in ac-
quisition activities. 
(3) With respect to the implementation of mili-
tary-code (in this section referred to as ‘‘M-Code’’) 
compliant Global Positioning Service (in this section 
referred to as ‘‘GPS’’) receivers through the Military 
GPS User Equipment program, the Comptroller Gen-
eral of the United States found that ‘‘Significant 
issues with data completeness and accuracy re-
main. . .. Poor data hinder the congressional defense 
committees’ ability to track the progress of M-code 
and support DOD decision-making. User equipment 
delays have also had ripple effects on DOD’s ability 
to plan for and develop M-code-capable receivers. 
These delays have limited the military services’ abil-
ity to fully develop plans for operationally testing the 
M-code capability’’. 
(b) QUARTERLY BRIEFINGS.— 
(1) IN GENERAL.—Not later than February 1, 
2024, and quarterly thereafter until the date specified 
in paragraph (2), the Co-Chairs of the Council on 
Oversight of the Department of Defense Positioning, 
Navigation, and Timing Enterprise, shall provide to 
the congressional defense committees a briefing on the 
status of the implementation of M-Code compliant 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00829
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
830 
•HR 2670 RH1S 
GPS receivers through the Military GPS User Equip-
ment program, including the status of increments 1 
and 2 of such program and details regarding expected 
dates of M-Code compliance for all sea-, air, and 
land-based terminals across the platforms of each of 
the Armed Forces. 
(2) TERMINATION DATE.—No briefing shall be 
required under paragraph (1) after the date on which 
the Secretary of Defense submits to the congressional 
defense committees certification that the increments 1 
and 2 of the Military GPS User Equipment program 
have reached full operational capacity. 
SEC. 1685. MOVING TARGET INDICATOR PROGRAMS OF DE-
PARTMENT OF DEFENSE. 
(a) WORKING GROUP.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall establish working group, to be 
known as the ‘‘Moving Target Indicator Working 
Group’’. 
(2) RESPONSIBILITIES.—Such working group 
shall be responsible for— 
(A) addressing Department of Defense joint 
service requirements; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00830
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
831 
•HR 2670 RH1S 
(B) monitoring cost, schedule, and perform-
ance of all efforts to replace the tactical intel-
ligence, surveillance, and reconnaissance capa-
bility provided, as of the date of the enactment 
of this Act, by the Joint Surveillance Target At-
tack Radar System; and 
(C) developing the processes and procedures 
for tasking, collection, processing, exploitation, 
and dissemination of the data collected by mov-
ing target indicator systems. 
(3) MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary shall se-
lect— 
(i) a member of the Space Force and 
a member of the Joint Staff to serve as co- 
chairs of the working group; and 
(ii) members of the Army, Navy, Ma-
rine Corps, Air Force, and Space Force who 
represent the Army, Navy, Marine Corps, 
Air Force, and Space Force and combatant 
commands, as the Secretary determines ap-
propriate, to serve as members of the work-
ing group. 
(B) CONGRESSIONAL
NOTIFICATION.—Not 
later than 90 days after the date of the enact-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00831
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
832 
•HR 2670 RH1S 
ment of this Act, the Secretary shall provide to 
the congressional defense committees notice of the 
co-chairs and members selected to serve on the 
working group pursuant to subparagraph (A). 
(b) BRIEFING REQUIREMENTS.— 
(1) INITIAL BRIEFING.—Not later than 120 days 
after the date of the enactment of this Act, the co- 
chairs of the working group shall provide to the con-
gressional defense committees a briefing on— 
(A) any capabilities development documents 
either approved by, or in development for, the 
Joint Requirements Oversight Council; and 
(B) any progress of the working group to-
wards developing tasking, collection, processing, 
exploitation, and dissemination for future mov-
ing target indicator systems. 
(2) BIANNUAL BRIEFINGS.—Not less frequently 
than biannually, the working group shall provide to 
the congressional defense committees a briefing on the 
status of any moving target indicator programs being 
developed. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00832
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
833 
•HR 2670 RH1S 
SEC. 1686. REPORTING MECHANISM ON USE OF CONSULT-
ANTS, INFORMANTS, AND OTHER HUMAN 
SOURCES TO ACQUIRE INTELLIGENCE INFOR-
MATION. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall establish a mechanism for documenting and re-
porting to the congressional defense committees regarding 
the use of consultants, informants, or other human sources 
by any element of the Department of Defense, including any 
military department, to acquire intelligence information. 
(b) ELEMENTS.—The mechanism under subsection (a) 
shall include, at a minimum, a requirement that the Sec-
retary of Defense document and, on a quarterly basis, notify 
the congressional defense committees of any activity (other 
than an activity subject to regulation under a covered direc-
tive) that— 
(1) is carried out during that quarter by the Sec-
retary; and 
(2) involves the use of a consultant, informant, 
or other human source to acquire intelligence infor-
mation. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered directive’’ means the fol-
lowing directives (or any such successor directives): 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00833
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
834 
•HR 2670 RH1S 
(A) Intelligence Community Directives 304 
(relating to human intelligence). 
(B) Intelligence Community Directive 310 
(relating to the coordination of clandestine 
human source and human-enabled foreign intel-
ligence collection and counterintelligence activi-
ties outside the United States). 
(C) Intelligence Community Directive 311 
(relating to the coordination of clandestine 
human source and human-enabled foreign intel-
ligence collection and counterintelligence activi-
ties inside the United States). 
(2) The term ‘‘informant’’ means any individual 
who furnishes information to the Department of De-
fense in the course of a confidential relationship with 
the Department under which the identity of such in-
dividual is protected from public disclosure. 
SEC. 1687. REPORT ON CONCEPT OF OPERATIONS FOR OF-
FENSIVE HYPERSONIC SYSTEMS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
coordination with the Chairman of the Joint Chiefs of Staff, 
shall submit to the congressional defense committees a re-
port on the status of the implementation of a concept of 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00834
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
835 
•HR 2670 RH1S 
operations and total munitions requirements for offensive 
hypersonic systems. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description and assessment of efforts to de-
velop and implement concepts of operation with re-
gard to fielding, deploying, and using offensive 
hypersonic systems currently in development and in-
cluded in future-years defense program submitted to 
Congress under section 221 of title 10, United States 
Code, for fiscal year 2024. 
(2) An assessment of how the use of hypersonic 
weapons will be considered with regard to strategic 
deterrence and stability. 
(3) A description of scenarios and simulations 
modeling the use of offensive hypersonic systems in 
defined environments. 
(4) Criteria to be used for validation of the use 
of offensive hypersonic systems. 
(5) Identification of existing authorities gov-
erning the use of offensive hypersonic systems and an 
explanation of any additional authorities that may be 
required for the use of such systems. 
(6) A description of how hypersonic capabilities 
are incorporated into force development and design. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00835
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
836 
•HR 2670 RH1S 
(7) A munitions requirement (applicable through 
the period covered by the future-years defense pro-
gram submitted to Congress under section 221 of title 
10, United States Code, for fiscal year 2024) for each 
offensive hypersonic weapons program currently in 
development, including requirements provided by each 
military department and combatant command. 
(8) Identification of any operational gaps for 
which additional offensive hypersonic weapon capa-
bilities would have strategic impact on overall con-
cepts of operation of the Department of Defense. 
(c) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 1688. INDO-PACIFIC MISSILE STRATEGY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The 2022 National Defense Strategy states: 
‘‘The [People’s Republic of China (PRC)] has ex-
panded and modernized nearly every aspect of the 
[People’s Liberation Army (PLA)], with a focus on 
offsetting U.S. military advantages. The PRC is 
therefore the pacing challenge for the Department.’’. 
(2) The 2020 report of the Department of Defense 
entitled ‘‘Annual Report to Congress Involving the 
People’s Republic of China’’ states: ‘‘Land-based con-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00836
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
837 
•HR 2670 RH1S 
ventional ballistic and cruise missiles: The PRC has 
more than 1,250 ground-launched ballistic missiles 
(GLBMs) 
and 
ground-launched 
cruise 
missiles 
(GLCMs) with ranges between 500 and 5,500 kilo-
meters. The United States currently fields one type of 
conventional GLBM with a range of 70 to 300 kilo-
meters and no GLCMs.’’. 
(3) In September 2021, the United States entered 
a security partnership with the United Kingdom and 
Australia (commonly known as ‘‘AUKUS’’). In April 
2022, AUKUS leaders committed to ‘‘commence new 
trilateral cooperation on hypersonic technologies, 
counter-hypersonic defense systems, and electronic 
warfare capabilities, as well as to deepen cooperation 
on defense innovation.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) United States ground-based theater-range 
conventional missile systems in the Indo-Pacific re-
gion provide operational and strategy utility in— 
(A) availability of persistent, prompt, and 
survivable strike options; 
(B) deterrence of enemy attack or esca-
lation; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00837
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
838 
•HR 2670 RH1S 
(C) imposition of operational costs on 
enemy forces; 
(D) responsive strikes against time-critical 
enemy targets; and 
(E) destruction of high-value targets to en-
able other joint forces; and 
(2) an Indo-Pacific Missile Strategy should— 
(A) provide coherent direction to concept 
and capability development, including procure-
ment and employment; 
(B) distribute integrated capabilities at 
operationally relevant ranges; 
(C) coordinate and differentiate strike mis-
sions among the military forces of the United 
States and allies; and 
(D) pursue co-development and co-produc-
tion of capabilities with allies and partners, in-
cluding through existing institutional mecha-
nisms. 
(c) STRATEGY.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense com-
mittees a strategy for ground-based theater-range con-
ventional missiles in the Indo-Pacific region. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00838
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
839 
•HR 2670 RH1S 
(2) ELEMENTS.—The strategy required by para-
graph (1) shall include the following: 
(A) An assessment of gaps in conventional 
theater-range precision strike capabilities in the 
area of responsibility of the United States Indo- 
Pacific Command. 
(B) An identification of military require-
ments for ground-based theater-range conven-
tional missile systems, including range, propul-
sion, payload, launch platform, weapon effects, 
and other operationally relevant factors. 
(C) An identification of prospective basing 
locations for ground-based theater-range conven-
tional missiles in the area of responsibility of the 
United States Indo-Pacific Command and an as-
sessment of steps required to receive host-nation 
permission for forward-basing of such weapon 
systems. 
(D) A description of operational concepts 
for employment of such conventional missiles, in-
cluding integration with other capabilities in the 
Western Pacific region. 
(E) An identification of prospective allies, 
partners, and institutional mechanisms for co- 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00839
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
840 
•HR 2670 RH1S 
development of new over-the-horizon range and 
intermediate-range conventional missiles. 
(F) An assessment of the cost, schedule, and 
feasibility of ground-based theater-range conven-
tional missile programs, including any potential 
cost-sharing structures through existing institu-
tional mechanisms. 
(3) FORM.—The strategy required by paragraph 
(1) may be submitted in classified form but shall in-
clude an unclassified summary. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ground-based theater-range con-
ventional missile’’ means a conventional mobile 
ground-launched cruise or hypersonic missile system 
with a range between 500 and 5,500 kilometers. 
(2) With respect to a missile system, the term 
‘‘intermediate-range’’ means a missile system with a 
range between 3,000 and 5,500 kilometers. 
TITLE XVII—SPACE FORCE 
PERSONNEL MANAGEMENT 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Space Force Personnel 
Management Act’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00840
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
841 
•HR 2670 RH1S 
Subtitle A—Space Force Military 
Personnel System Without Com-
ponent 
SEC. 1711. ESTABLISHMENT OF MILITARY PERSONNEL MAN-
AGEMENT SYSTEM FOR THE SPACE FORCE. 
Title 10, United States Code, is amended by adding 
at the end the following new subtitle: 
‘‘Subtitle F—Alternative Military 
Personnel Systems 
‘‘PART I—SPACE FORCE 
‘‘CHAPTER 2001— SPACE FORCE 
PERSONNEL SYSTEM 
‘‘Sec. 
‘‘20001. Single military personnel management system. 
‘‘20002. Members: duty status. 
‘‘20003. Members: minimum service requirement as applied to Space Force. 
‘‘§ 20001. Single military personnel management sys-
tem 
‘‘Members of the Space Force shall be managed through 
a single military personnel management system, without 
component.’’. 
‘‘Chap.
.............................................................................................................
‘‘2001. Space Force Personnel System ......................................................... 20001
‘‘2003. Status and Participation .................................................................. 20101
‘‘2005. Officers ................................................................................................ 20201
‘‘2007. Enlisted Members. .............................................................................. 20301
‘‘2009. Retention and Separation Generally ............................................... 20401
‘‘2011. Separation of Officers for Substandard Performance of Duty or 
for Certain Other Reasons ................................................. 20501
‘‘2013. Retirement .......................................................................................... 20601’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00841
Fmt 6652
Sfmt 6213
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
842 
•HR 2670 RH1S 
SEC. 1712. COMPOSITION OF THE SPACE FORCE WITHOUT 
COMPONENT. 
(a) COMPOSITION OF THE SPACE FORCE.—Section 
9081(b) of title 10, United States Code, is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively; and 
(3) in paragraph (1), as so redesignated, by 
striking ‘‘, including’’ and all that follows through 
‘‘emergency’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the certification 
by the Secretary of the Air Force under section 1745. 
SEC. 1713. DEFINITIONS FOR SINGLE PERSONNEL MANAGE-
MENT SYSTEM FOR THE SPACE FORCE. 
(a) SPACE FORCE DEFINITIONS.—Section 101 of title 
10, United States Code, is amended— 
(1) by redesignating subsections (e), (f), and (g) 
as subsections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) SPACE FORCE.—The following definitions relat-
ing to members of the Space Force apply in this title: 
‘‘(1) The term ‘space force active status’ means 
the status of a member of the Space Force who is not 
in a space force inactive status and is not retired. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00842
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
844 
•HR 2670 RH1S 
fied in the terms of the member’s enlistment or 
reenlistment agreement.’’. 
(b) AMENDMENTS TO EXISTING DUTY STATUS DEFINI-
TIONS.—Subsection (d) of such section is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
sustained duty in the Space Force’’ after ‘‘United 
States’’; and 
(2) in paragraph (7), by inserting ‘‘, or a mem-
ber of the Space Force,’’ after ‘‘Reserves’’ in subpara-
graphs (A) and (B). 
SEC. 1714. BASIC POLICIES RELATING TO SERVICE IN THE 
SPACE FORCE. 
Chapter 2001 of title 10, United States Code, as added 
by section 1711, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 20002. Members: duty status 
‘‘Under regulations prescribed by the Secretary of the 
Air Force, each member of the Space Force shall be placed 
in one of the following duty statuses: 
‘‘(1) Space force active status. 
‘‘(2) Space force inactive status. 
‘‘(3) Space force retired status. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00844
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
845 
•HR 2670 RH1S 
‘‘§ 20003. Members: minimum service requirement as 
applied to Space Force 
‘‘(a) In applying section 651 of this title to a person 
who becomes a member of the Space Force, the provisions 
of the second sentence of subsection (a) and of subsection 
(b) of that section (relating to service in a reserve compo-
nent) are inapplicable. 
‘‘(b) A member of the Space Force who transfers to 
one of the other armed forces before completing the service 
required by subsection (a) of section 651 of this title shall 
upon such transfer be subject to section 651 of this title in 
the same manner as if such member had initially entered 
the armed force to which the member transfers.’’. 
SEC. 1715. STATUS AND PARTICIPATION. 
Subtitle F of title 10, United States Code, as added 
by section 1711, is amended by adding at the end the fol-
lowing new chapter: 
‘‘CHAPTER 2003—STATUS AND 
PARTICIPATION 
‘‘Sec. 
‘‘20101. Members in Space Force active status: amount of annual training or ac-
tive duty service required. 
‘‘20102. Individual ready guardians: designation; mobilization category. 
‘‘20103. Members not on sustained duty: agreements concerning conditions of serv-
ice. 
‘‘20104. Orders to active duty: with consent of member. 
‘‘20105. Sustained duty. 
‘‘20106. Orders to active duty: without consent of member. 
‘‘20107. Transfer to inactive status: initial service obligation not complete. 
‘‘20108. Members of Space Force: credit for service for purposes of laws providing 
pay and benefits for members, dependents, and survivors. 
‘‘20109. Policy for order to active duty based upon determination by Congress. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00845
Fmt 6652
Sfmt 6213
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
846 
•HR 2670 RH1S 
‘‘§ 20101. Members in Space Force active status: 
amount of annual training or active duty 
service required 
‘‘Except as specifically provided in regulations pre-
scribed by the Secretary of Defense, a member of the Space 
Force in a space force active status who is not serving on 
sustained duty shall be required to— 
‘‘(1) participate in at least 48 scheduled drills or 
training periods during each year and serve on active 
duty for not less than 14 days (exclusive of travel 
time) during each year; or 
‘‘(2) serve on active duty for not more than 30 
days during each year. 
‘‘§ 20102. Individual ready guardians: designation; 
mobilization category 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of Defense, the Secretary of the Air Force may 
designate a member of the Space Force in a space force ac-
tive status as an Individual Ready Guardian. 
‘‘(b) MOBILIZATION CATEGORY.— 
‘‘(1) IN GENERAL.—Among members of the Space 
Force designated as Individual Ready Guardians, 
there is a category of members (referred to as a ‘mobi-
lization category’) who, as designated by the Sec-
retary of the Air Force, are subject to being ordered 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00846
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
847 
•HR 2670 RH1S 
to active duty without their consent in accordance 
with section 20106(a) of this title. 
‘‘(2) LIMITATIONS ON PLACEMENT IN MOBILIZA-
TION CATEGORY.—A member designated as an Indi-
vidual Ready Guardian may not be placed in the mo-
bilization category referred to in paragraph (1) un-
less— 
‘‘(A) the member volunteers to be placed in 
that mobilization category; and 
‘‘(B) the member is selected by the Secretary 
of the Air Force, based upon the needs of the 
Space Force and the grade and military skills of 
that member. 
‘‘(3) LIMITATION ON TIME IN MOBILIZATION CAT-
EGORY.—A member of the Space Force in a space 
force active status may not remain designated an In-
dividual Ready Guardian in such mobilization cat-
egory after the end of the 24-month period beginning 
on the date of the separation of the member from ac-
tive service. 
‘‘(4) DESIGNATION
OF
GRADES
AND
MILITARY 
SKILLS OR SPECIALTIES.—The Secretary of the Air 
Force shall designate the grades and military skills or 
specialties of members to be eligible for placement in 
such mobilization category. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00847
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
848 
•HR 2670 RH1S 
‘‘(5) BENEFITS.—A member in such mobilization 
category shall be eligible for benefits (other than pay 
and training) on the same basis as are available to 
members of the Individual Ready Reserve who are in 
the special mobilization category under section 
10144(b) of this title, as determined by the Secretary 
of Defense. 
‘‘§ 20103. Members not on sustained duty: agreements 
concerning conditions of service 
‘‘(a) AGREEMENTS.—The Secretary of the Air Force 
may enter into a written agreement with a member of the 
Space Force not on sustained duty— 
‘‘(1) requiring the member to serve on active 
duty for a definite period of time; 
‘‘(2) specifying the conditions of the member’s 
service on active duty; and 
‘‘(3) for a member serving in a space force inac-
tive status, specifying the conditions for the member’s 
continued service as well as order to active duty with 
and without the consent of the member. 
‘‘(b) CONDITIONS OF SERVICE.—An agreement under 
subsection (a) shall specify the conditions of service. The 
Secretary of the Air Force shall prescribe regulations estab-
lishing— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00848
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
849 
•HR 2670 RH1S 
‘‘(1) what conditions of service may be specified 
in the agreement; 
‘‘(2) the obligations of the parties; and 
‘‘(3) the consequences of failure to comply with 
the terms of the agreement. 
‘‘(c) AUTHORITY FOR RETENTION ON ACTIVE DUTY 
DURING WAR OR NATIONAL EMERGENCY.—If the period of 
service on active duty of a member under an agreement 
under subsection (a) expires during a war or during a na-
tional emergency declared by Congress or the President, the 
member concerned may be kept on active duty, without the 
consent of the member, as otherwise prescribed by law. 
‘‘§ 20104. Orders to active duty: with consent of mem-
ber 
‘‘(a) AUTHORITY.—A member of the Space Force who 
is serving in a space force active status and is not on sus-
tained duty, or who is serving in a space force inactive sta-
tus, may, with the consent of the member, be ordered to ac-
tive duty, or retained on active duty, under the following 
sections of chapter 1209 of this title in the same manner 
as applies to a member of a reserve component ordered to 
active duty, or retained on active duty, under that section 
with the consent of the member: 
‘‘(1) Section 12301(d), relating to orders to ac-
tive duty at any time with the consent of the member. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00849
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
852 
•HR 2670 RH1S 
duty without the officer’s consent except as provided 
in chapter 2009 or 2011 of this title. 
‘‘§ 20106. Orders to active duty: without consent of 
member 
‘‘(a) MEMBERS IN A SPACE FORCE ACTIVE STATUS.— 
‘‘(1) A member of the Space Force in a space 
force active status who is not on sustained duty, may, 
without the consent of the member, be ordered to ac-
tive duty or inactive duty in the same manner as a 
member of a reserve component ordered to active duty 
or inactive duty under the provisions of chapter 1209 
of this title and any other provision of law author-
izing the order to active duty of a member of a reserve 
component in an active status without the consent of 
the member. 
‘‘(2) The provisions of chapter 1209 of this title, 
or other applicable provisions of law, pertaining to a 
member of the Ready Reserve when ordered to active 
duty shall apply to a member of the Space Force who 
is in a space force active status when ordered to ac-
tive duty under paragraph (1). 
‘‘(3) The provisions of section 12304 of this title 
pertaining to members in the Individual Ready Re-
serve mobilization category shall apply to a member 
of the Space Force who is designated an Individual 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00852
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
853 
•HR 2670 RH1S 
Ready Guardian when ordered to active duty who 
meets the provisions of section 20102(b) of this title. 
‘‘(b) MEMBERS IN A SPACE FORCE INACTIVE STA-
TUS.— 
‘‘(1) A member of the Space Force in a space 
force inactive status may be ordered to active duty 
under— 
‘‘(A) the provisions of chapter 1209 of this 
title; 
‘‘(B) any other provision of law authorizing 
the order to active duty of a member of a reserve 
component in an inactive status; and 
‘‘(C) the terms of any agreement entered 
into by the member under section 20103 of this 
title. 
‘‘(2) The provisions of chapter 1209 of this title, 
or other applicable provisions of law, pertaining to 
the Standby Reserve shall apply to a member of the 
Space Force who is in a space force inactive service 
when ordered to active duty. 
‘‘(c) MEMBERS IN A SPACE FORCE RETIRED STA-
TUS.— 
‘‘(1) Chapters 39 and 1209 of this title include 
provisions authorizing the order to active duty of a 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00853
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
854 
•HR 2670 RH1S 
member of the Space Force in a space force retired 
status. 
‘‘(2) The provisions of sections 688, 688a, and 
12407 of this title pertaining to a retired member or 
a member of the Retired Reserve shall apply to a 
member of the Space Force in a space force retired 
status when ordered to active duty. 
‘‘(3) The provisions of section 689 of this title 
pertaining to a retired member ordered to active duty 
shall apply to a member of the Space Force in a 
space force retired status who is ordered to active 
duty. 
‘‘(d) OTHER APPLICABLE PROVISIONS.—The following 
provisions of chapter 1209 of this title pertaining shall 
apply to a member of the Space Force ordered to active 
duty in the same manner as to a Reserve or member of 
the Retired Reserve ordered to active duty: 
‘‘(1) Section 12305, relating to the authority of 
the President to suspend certain laws relating to pro-
motion, retirement, and separation. 
‘‘(2) Section 12308, relating to retention after 
becoming qualified for retired pay. 
‘‘(3) Section 12313, relating to release from ac-
tive duty. 
‘‘(4) Section 12314, relating to kinds of duty. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00854
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
855 
•HR 2670 RH1S 
‘‘(5) Section 12315, relating to duty with or 
without pay. 
‘‘(6) Section 12316, relating to payment of cer-
tain Reserves while on duty. 
‘‘(7) Section 12317, relating to theological stu-
dents; limitations. 
‘‘(8) Section 12320, relating to grade in which 
ordered to active duty. 
‘‘§ 20107. Transfer to inactive status: initial service 
obligation not complete 
‘‘(a) GENERAL RULE.—A member of the Space Force 
who has not completed the required minimum service obli-
gation referred to in section 20003 of this title shall, if ter-
minating space force active status, be transferred to a space 
force inactive status and, unless otherwise designated an In-
dividual Ready Guardian under section 20102 of this title, 
shall remain subject to order to active duty without the 
member’s consent under section 20106 of this title. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to a 
member who is separated from the Space Force by the Sec-
retary of the Air Force under section 20503 of this title. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00855
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
856 
•HR 2670 RH1S 
‘‘§ 20108. Members of Space Force: credit for service 
for purposes of laws providing pay and 
benefits for members, dependents, and 
survivors 
‘‘For the purposes of laws providing pay and benefits 
for members of the armed forces and their dependents and 
beneficiaries: 
‘‘(1) Military training, duty, or other service 
performed by a member of the Space Force in a space 
force active status not on sustained duty shall be con-
sidered military training, duty, or other service, as 
the case may be, as a member of a reserve component. 
‘‘(2) Sustained duty performed by a member of 
the Space Force under section 20105 of this title shall 
be considered active duty as a member of a regular 
component. 
‘‘(3) Active duty performed by a member of the 
Space Force in a space force active status not on sus-
tained duty shall be considered active duty as a mem-
ber of a reserve component. 
‘‘(4) Inactive-duty training performed by a 
member of the Space Force shall be considered inac-
tive-duty training as a member of a reserve compo-
nent. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00856
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
857 
•HR 2670 RH1S 
‘‘§ 20109. Policy for order to active duty based upon 
determination by Congress 
‘‘Whenever Congress determines that more units and 
organizations capable of conducting space operations are 
needed for the national security than are available among 
those units comprised of members of the Space Force serving 
on active duty, members of the Space Force not serving on 
active duty shall be ordered to active duty and retained as 
long as so needed.’’. 
SEC. 1716. OFFICERS. 
(a) ORIGINAL APPOINTMENTS.—Subtitle F of title 10, 
United States Code, as amended by section 1715, is further 
amended by adding at the end the following new chapter: 
‘‘CHAPTER 2005—OFFICERS 
‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 
‘‘Sec. 
‘‘20201. Original appointments: how made. 
‘‘20202. Original appointments: qualifications. 
‘‘SUBCHAPTER II—SELECTION BOARDS 
‘‘20211. Convening of selection boards. 
‘‘20212. Composition of selection boards. 
‘‘20213. Notice of convening of selection boards. 
‘‘20214. Recommendations for promotion by selection boards. 
‘‘20215. Reports of selection boards. 
‘‘20216. Action on reports of selection boards for promotion to brigadier general 
or major general. 
‘‘SUBCHAPTER III—PROMOTIONS 
‘‘20231. Eligibility for consideration for promotion: time-in-grade and other re-
quirements. 
‘‘20232. Eligibility for consideration for promotion: senior commander nomina-
tions. 
‘‘20233. Eligibility for consideration for promotion: designation as joint qualified 
officer required before promotion to brigadier general; exceptions. 
‘‘20234. Opportunities for consideration for promotion. 
‘‘20235. Space Force officer list. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00857
Fmt 6652
Sfmt 6213
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
858 
•HR 2670 RH1S 
‘‘20236. Competitive categories. 
‘‘20237. Numbers to be recommended for promotion. 
‘‘20238. Promotions: how made; authorized delay of promotions. 
‘‘SUBCHAPTER IV—PERSONS NOT CONSIDERED FOR PROMOTION AND OTHER 
PROMOTION-RELATED PROVISIONS 
‘‘20251. Special selection boards. 
‘‘20252. Other promotion matters. 
‘‘SUBCHAPTER V—APPLICABILITY OF OTHER LAWS 
‘‘20261. Applicability of certain DOPMA officer personnel policy provisions. 
‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS 
‘‘§ 20201. Original appointments: how made 
‘‘(a) APPOINTMENTS MADE BY SECRETARY OF DE-
FENSE.—Original appointments of commissioned officers 
in the Space Force in grades below the grade of brigadier 
general shall be made by the Secretary of Defense. 
‘‘(b) APPLICATION OF CONSTRUCTIVE CREDIT.—The 
grade of a person receiving an appointment under this sec-
tion who at the time of appointment is credited with service 
under section 20203 of this title shall be determined under 
regulations prescribed by the Secretary of the Defense based 
upon the amount of service credited. 
‘‘§ 20202. Original appointments: qualifications 
‘‘(a) IN GENERAL.—An original appointment as a 
commissioned officer in the Space Force may be given only 
to a person who— 
‘‘(1) is a citizen of the United States; 
‘‘(2) is at least 18 years of age; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00858
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
859 
•HR 2670 RH1S 
‘‘(3) has such other physical, mental, moral, pro-
fessional, and age qualifications as the Secretary of 
the Air Force may prescribe by regulation. 
‘‘(b) EXCEPTION.—A person who is otherwise quali-
fied, but who has a physical condition that the Secretary 
of the Air Force determines will not interfere with the per-
formance of the duties to which that person may be as-
signed, may be appointed as an officer in the Space Force. 
‘‘(a) CREDIT FOR PRIOR SERVICE.— 
‘‘(1) PRIOR COMMISSIONED SERVICE.—For the 
purpose of determining the grade and rank within 
grade of a person receiving an original appointment 
in a commissioned grade in the Space Force, such 
person shall be credited at the time of such appoint-
ment with any active commissioned service (other 
than service as a commissioned warrant officer) that 
the person performed in any uniformed service before 
such appointment. 
‘‘(2) PRIOR CIVILIAN SERVICE.—For the purpose 
of determining the grade and rank within grade of a 
person receiving an original appointment in a com-
missioned grade in the Space Force, such person may 
be credited at the time of such appointment with serv-
ice as a civilian employee of a Federal agency in an 
occupation code or career field related to the skills 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00859
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
860 
•HR 2670 RH1S 
and experience required for officers of the Space 
Force. The Secretary of the Air Force shall prescribe 
regulations establishing which civilian employee occu-
pation codes and career fields may be considered as 
related to the skills and experience required for offi-
cers of the Space Force. 
‘‘(3) LIMITATION ON AMOUNT OF PRIOR COMMIS-
SIONED SERVICE THAT MAY BE CREDITED.—The regu-
lations prescribed by the Secretary of Defense under 
section 533 of this title shall apply to the Space Force 
to authorize the Secretary of the Air Force to limit 
the amount of prior active commissioned service with 
which a person receiving an original appointment 
may be credited under paragraph (1). 
‘‘(b) CREDIT FOR EDUCATION, TRAINING, AND EXPE-
RIENCE.— 
‘‘(1) Under regulations prescribed by the Sec-
retary of the Air Force, the Secretary shall credit a 
person who is receiving an original appointment in 
a commissioned grade in the Space Force and who 
has advanced education, training, or special experi-
ence with constructive service for such education, 
training, or experience in a particular officer career 
field as designated by the Secretary of the Air Force, 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00860
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
861 
•HR 2670 RH1S 
if such education, training, or experience is directly 
related to the operational needs of the Space Force. 
‘‘(2) The Secretary may credit a person with 
constructive credit under this subsection for each in-
stance of relevant advanced education or training or 
special experience regardless of whether two or more 
such instances are concurrent. 
‘‘(3) The amount of constructive service credited 
an officer under this subsection may not exceed the 
amount required in order for the officer to be eligible 
for an original appointment in the grade of colonel. 
‘‘(4) Constructive service credited an officer 
under this subsection is in addition to any service 
credited that officer under subsection (a) and shall be 
credited at the time of the original appointment of the 
officer. 
‘‘(c) AUTHORIZED USE OF CONSTRUCTIVE CREDIT.— 
Constructive service credited an officer under subsection (b) 
shall be used only for determining the officer’s— 
‘‘(1) initial grade; 
‘‘(2) rank in grade; and 
‘‘(3) service in grade for promotion eligibility. 
‘‘(d) EXCLUSION FOR GRADUATES OF THE SERVICE 
ACADEMIES.—A graduate of the United States Military 
Academy, the United States Naval Academy, or the United 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00861
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
862 
•HR 2670 RH1S 
States Air Force Academy is not entitled to service credit 
under this section for service performed, or education, train-
ing, or experience obtained, before graduation from such 
Academy.’’. 
(b) CONFORMING AMENDMENTS RELATING TO ORIGI-
NAL APPOINTMENTS.— 
(1) DEFINITIONS.—Section 101 of title 10, 
United States Code, is amended in subsection (b)(10) 
by inserting before the period at the end the following: 
‘‘and, with respect to the appointment of a member 
of the armed forces in the Space Force, refers to that 
member’s most recent appointment in the Space Force 
that is neither a promotion nor a demotion’’. 
(2) ORIGINAL APPOINTMENTS OF COMMISSIONED 
OFFICERS.—Section 531 of such title is amended— 
(A) in subsection (a)— 
(i) in paragraphs (1) and (2)— 
(I) by inserting ‘‘and’’ after ‘‘Reg-
ular Marine Corps’’; and 
(II) by striking ‘‘, and in the 
equivalent grades in the Regular Space 
Force’’; and 
(ii) by inserting after paragraph (2) 
the following new paragraph: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00862
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
863 
•HR 2670 RH1S 
‘‘(3) Original appointments in the grades of sec-
ond lieutenant through colonel in the Space Force are 
provided for under section 20301 of this title.’’; and 
(B) in subsection (c), by striking ‘‘Regular 
Marine Corps, or Regular Space Force’’ and in-
serting ‘‘or Regular Marine Corps’’. 
(3) QUALIFICATIONS
FOR
ORIGINAL
APPOINT-
MENT AS A COMMISSIONED OFFICER.—Section 532(a) 
of such title is amended by striking ‘‘Regular Marine 
Corps, or Regular Space Force’’ and inserting ‘‘or 
Regular Marine Corps’’. 
(4) SERVICE CREDIT UPON ORIGINAL APPOINT-
MENT AS A COMMISSIONED OFFICER.—Section 533 of 
such title is amended— 
(A) in subsection (a)(2), by striking ‘‘Ma-
rine Corps, and Space Force’’ and inserting 
‘‘and Marine Corps’’; and 
(B) in subsections (a)(1), (b)(1), and (f), by 
striking ‘‘Regular Marine Corps, or Regular 
Space Force’’ and inserting ‘‘or Regular Marine 
Corps’’. 
(c) SELECTION BOARDS AND PROMOTIONS.—Chapter 
205 of title 10, United States Code, as added by subsection 
(a), is amended by adding at the end the following new 
subchapters: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00863
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
864 
•HR 2670 RH1S 
‘‘SUBCHAPTER II—SELECTION BOARDS 
‘‘§ 20211. Convening of selection boards 
‘‘(a) IN GENERAL.—Whenever the needs of the service 
require, the Secretary of the Air Force shall convene selec-
tion boards to recommend for promotion to the next higher 
permanent grade officers of the Space Force in each perma-
nent grade from first lieutenant through brigadier general. 
‘‘(b) EXCEPTION FOR OFFICERS IN GRADE OF FIRST 
LIEUTENANT.—Subsection (a) does not require the con-
vening of a selection board in the case of Space Force offi-
cers in the permanent grade of first lieutenant when the 
Secretary of the Air Force recommends for promotion to 
the grade of captain under section 20238(a)(4)(A) of this 
title all such officers whom the Secretary finds to be fully 
qualified for promotion. 
‘‘(c) SELECTION BOARDS FOR EARLY RETIREMENT OR 
DISCHARGE.—The Secretary of the Air Force may convene 
selection boards to recommend officers for early retirement 
under section 20404(a) of this title or for discharge under 
section 20404(b) of this title. 
‘‘(d) REGULATIONS.—The convening of selection 
boards under subsection (a) shall be under regulations pre-
scribed by the Secretary of the Defense. 
‘‘§ 20212. Composition of selection boards 
‘‘(a) APPOINTMENT AND COMPOSITION OF BOARDS.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00864
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
865 
•HR 2670 RH1S 
‘‘(1) Members of a selection board shall be ap-
pointed by the Secretary of Air Force in accordance 
with this section. A selection board shall consist of 
five or more officers of the Space Force. Each member 
of a selection board must be serving in a grade higher 
than the grade of the officers under consideration by 
the board, except that no member of a board may be 
serving in a grade below major. The members of a se-
lection board shall include at least one member serv-
ing on sustained duty and at least one member in a 
space force active status who is not serving on sus-
tained duty. The ratio of the members of a selection 
board serving on sustained duty to members serving 
in a space force active status not on sustained duty 
shall, to the extent practicable, reflect the ratio of offi-
cers serving in each of those statuses who are being 
considered for promotion by the board. The members 
of a selection board shall represent the diverse popu-
lation of the Space Force to the extent practicable. 
‘‘(2) REPRESENTATION FROM COMPETITIVE CAT-
EGORIES.— 
‘‘(A) Except as provided in subparagraph 
(B), a selection board shall include at least one 
officer from each competitive category of officers 
to be considered by the board. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00865
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
866 
•HR 2670 RH1S 
‘‘(B) A selection board need not include an 
officer from a competitive category when there 
are no officers of that competitive category on the 
space force officer list in a grade higher than the 
grade of the officers to be considered by the board 
and eligible to serve on the board. 
‘‘(3) RETIRED
OFFICERS.—If qualified officers 
on the space force officer list are not available in suf-
ficient number to comprise a selection board, the Sec-
retary of the Air Force shall complete the membership 
of the board by appointing as members of the board— 
‘‘(A) Space Force officers who hold a grade 
higher than the grade of the officers under con-
sideration by the board and who are retired offi-
cers; and 
‘‘(B) if sufficient Space Force officers are 
not available pursuant to subparagraph (A), Air 
Force officers who hold a grade higher than the 
grade of the officers under consideration by the 
board and who are retired officers, but only if 
the Air Force officer to be appointed to the board 
has served in a space-related career field of the 
Air Force for sufficient time such that the Sec-
retary of the Air Force determines that the re-
tired Air Force officer has adequate knowledge 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00866
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
867 
•HR 2670 RH1S 
concerning the standards of performance and 
conduct required of an officer of the Space Force. 
‘‘(4) EXCLUSION
OF
RETIRED
GENERAL
OFFI-
CERS ON ACTIVE DUTY TO SERVE ON A BOARD FROM 
NUMERIC
GENERAL
OFFICER
ACTIVE-DUTY
LIMITA-
TIONS.—A retired general officer who is on active 
duty for the purpose of serving on a selection board 
shall not, while so serving, be counted against any 
limitation on the number of general and flag officers 
who may be on active duty. 
‘‘(b) LIMITATION ON MEMBERSHIP ON CONSECUTIVE 
BOARDS.— 
‘‘(1) GENERAL
RULE.—Except as provided in 
paragraph (2), no officer may be a member of two 
successive selection boards convened under section 
20211 of this title for the consideration of officers of 
the same grade. 
‘‘(2) 
EXCEPTION
FOR
GENERAL
OFFICER 
BOARDS.—Paragraph (1) does not apply with respect 
to selection boards convened under section 20211 of 
this title for the consideration of officers in the grade 
of colonel or brigadier general. 
‘‘(c) XJOINT QUALIFIED OFFICERS.— 
‘‘(1) Each selection board convened under section 
20211 of this title that will consider an officer de-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00867
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
868 
•HR 2670 RH1S 
scribed in paragraph (2) shall include at least one of-
ficer designated by the Chairman of the Joint Chiefs 
of Staff who is a joint qualified officer. 
‘‘(2) Paragraph (1) applies with respect to an of-
ficer who— 
‘‘(A) is serving on, or has served on, the 
Joint Staff; or 
‘‘(B) is a joint qualified officer. 
‘‘(3) The Secretary of Defense may waive the re-
quirement in paragraph (1) for any selection board 
of the Space Force. 
‘‘§ 20213. Notice of convening of selection boards 
‘‘(a) At least 30 days before a selection board is con-
vened under section 20211 of this title to recommend officers 
in a grade for promotion to the next higher grade, the Sec-
retary of the Air Force shall provide to the officers who are 
eligible for consideration by the board and have not been 
excluded from consideration under section 20216(d) of this 
title notification in writing of the date on which the board 
is to convene. In the notification, the Secretary shall inform 
an eligible officer of how many times, if any, the officer 
has previously been considered by a selection board con-
vened under section 20211 for promotion to the grade to 
which the board described in the notification will rec-
ommend officers for promotion. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00868
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
869 
•HR 2670 RH1S 
‘‘(b) An officer eligible for consideration by a selection 
board convened under section 20211 of this title (other than 
an officer who has been excluded under 20231(d) of this title 
from consideration by the board) may send a written com-
munication to the board, to arrive not later than 10 cal-
endar days before the date on which the board convenes, 
calling attention to any matter concerning the officer that 
the officer considers important to the officer’s case. The se-
lection board shall give consideration to any timely commu-
nication under this subsection. 
‘‘(c) An officer on the space force officer list in the 
grade of colonel or brigadier general who receives a notice 
under subsection (a) shall inform the Secretary of the offi-
cer’s preference to serve either on or off active duty if pro-
moted to the grade of brigadier general or major general, 
respectively. 
‘‘§ 20214. Recommendations for promotion by selection 
boards 
‘‘(a) BOARD TO RECOMMEND OFFICERS BEST QUALI-
FIED FOR PROMOTION.—A selection board convened under 
section 20211 of this title shall recommend for promotion 
to the next higher grade those officers considered by the 
board whom the board, giving due consideration to the 
needs of the Space Force for officers with particular skills 
(as noted in the guidelines or information furnished the 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00869
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
870 
•HR 2670 RH1S 
board under section 615(b) of this title), considers best 
qualified for promotion within each competitive category 
considered by the board. 
‘‘(b) NUMBER TO BE RECOMMENDED.—The Secretary 
of the Air Force shall establish the number of officers such 
a selection board may recommend for promotion from 
among officers being considered. 
‘‘(c) BOARD PROCEDURES FOR RECOMMENDATIONS; 
LIMITATIONS.—A selection board convened under section 
20211 of this title may not recommend an officer for pro-
motion unless— 
‘‘(1) the officer receives the recommendation of a 
majority of the members of the board; 
‘‘(2) a majority of the members of the board 
finds that the officer is fully qualified for promotion; 
and 
‘‘(3) a majority of the members of the board, 
after consideration by all members of the board of any 
adverse information about the officer that is provided 
to the board under section 615 of this title, finds that 
the officer is among the officers best qualified for pro-
motion to meet the needs of the Space Force consistent 
with the requirement of exemplary conduct set forth 
in section 9233 of this title. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00870
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
871 
•HR 2670 RH1S 
‘‘(d) LIMITATION ON PROMOTIONS UNDER OTHER AU-
THORITY.—Except as otherwise provided by law, a Space 
Force officer may not be promoted to a higher grade under 
this chapter unless the officer is considered and rec-
ommended for promotion to that grade by a selection board 
convened under this chapter or, in the case of an officer 
transferring into the Space Force from another armed force, 
chapter 36 or chapter 1403 of this title. 
‘‘(e) DISCLOSURE OF BOARD RECOMMENDATIONS.— 
The recommendations of a selection board may be disclosed 
only in accordance with regulations prescribed by the Sec-
retary of Defense. Those recommendations may not be dis-
closed to a person not a member of the board (or a member 
of the administrative staff designated by the Secretary of 
the Air Force to assist the board) until the written report 
of the recommendations of the board, required by section 
617 of this title, is signed by each member of the board. 
‘‘(f) PROHIBITION
ON ATTEMPTING
TO INFLUENCE 
MEMBERS OF A BOARD.—The Secretary of the Air Force, 
and an officer or other official exercising authority over any 
member of a selection board, may not— 
‘‘(1) censure, reprimand, or admonish the selec-
tion board or any member of the board with respect 
to the recommendations of the board or the exercise of 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00871
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
872 
•HR 2670 RH1S 
any lawful function within the authorized discretion 
of the board; or 
‘‘(2) attempt to coerce or, by any unauthorized 
means, influence any action of a selection board or 
any member of a selection board in the formulation 
of the board’s recommendations. 
‘‘(g) HIGHER PLACEMENT ON PROMOTION LIST OF 
OFFICER OF PARTICULAR MERIT.— 
‘‘(1) In selecting the officers to be recommended 
for promotion, a selection board shall, when author-
ized by the Secretary of the Air Force, recommend of-
ficers of particular merit, pursuant to guidelines and 
procedures prescribed by the Secretary, from among 
those officers selected for promotion, to be placed high-
er on the promotion list established by the Secretary 
under section 624(a)(1) of this title. 
‘‘(2) An officer may be recommended to be placed 
higher on a promotion list under paragraph (1) only 
if the officer receives the recommendation of at least 
a majority of the members of the board, unless the 
Secretary of the Air Force establishes an alternative 
requirement. Any such alternative requirement shall 
be furnished to the board as part of the guidelines fur-
nished to the board under section 615 of this title. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00872
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
873 
•HR 2670 RH1S 
‘‘(3) For the officers recommended to be placed 
higher on a promotion list under paragraph (1), the 
board shall recommend, pursuant to guidelines and 
procedures prescribed by the Secretary, the order in 
which those officers should be placed on the list. 
‘‘§ 20215. Reports of selection boards 
‘‘(a) IN GENERAL.—Each selection board convened 
under section 20211 of this title shall submit to the Sec-
retary of the Air Force a written report, signed by each 
member of the board, containing a list of the names of the 
officers it recommends for promotion and certifying— 
‘‘(1) that the board has carefully considered the 
record of each officer whose name was furnished to it 
under section 615 of this title; and 
‘‘(2) that, in the opinion of a majority of the 
members of the board, the officers recommended for 
promotion by the board are best qualified for pro-
motion to meet the needs of the Space Force (as noted 
in the guidelines or information furnished the board 
under section 615(b) of this title) among those officers 
whose names were furnished to the selection board. 
‘‘(b) OFFICERS WHO SHOULD BE REQUIRED TO SHOW 
CAUSE FOR RETENTION.—A selection board convened under 
section 20211 of this title shall include in its report the 
name of any officer before it for consideration for promotion 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00873
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
874 
•HR 2670 RH1S 
whose record, in the opinion of a majority of the members 
of the board, indicates that the officer should be required 
under section 20503 of this title to show cause for the offi-
cer’s retention in a space force active status. 
‘‘(c) OFFICERS RECOMMENDED TO BE PLACED HIGH-
ER ON THE PROMOTION LIST.—A selection board convened 
under section 20211 of this title shall, when authorized 
under section 20214(g) of this title, include in its report 
the names of those officers recommended by the board to 
be placed higher on the promotion list and the order in 
which the board recommends that those officers should be 
placed on the list. 
‘‘§ 20216. Action on reports of selection boards for pro-
motion to brigadier general or major gen-
eral 
‘‘After reviewing a report received under section 20215 
of this title recommending officers on the space force officer 
list for promotion to the grade of brigadier general or major 
general, but before submitting the report to the Secretary 
of Defense, the Secretary of the Air Force may, under regu-
lations prescribed by the Secretary of the Air Force, adjust 
the placement of officers on the promotion list recommended 
in the report in order to further Space Force mission ac-
complishment. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00874
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
875 
•HR 2670 RH1S 
‘‘SUBCHAPTER III—PROMOTIONS 
‘‘§ 20231. Eligibility for consideration for promotion: 
time-in-grade and other requirements 
‘‘(a) TIME-IN-GRADE REQUIREMENTS.— 
‘‘(1) An officer who is in a space force active sta-
tus on the space force officer list and holds a perma-
nent appointment in the grade of second lieutenant or 
first lieutenant may not be promoted to the next high-
er permanent grade until the officer has completed the 
following period of service in the grade in which the 
officer holds a permanent appointment: 
‘‘(A) Eighteen months, in the case of an of-
ficer holding a permanent appointment in the 
grade of second lieutenant. 
‘‘(B) Two years, in the case of an officer 
holding a permanent appointment in the grade 
of first lieutenant. 
‘‘(2) Except as authorized by section 20233 of 
this title, an officer who is in a space force active sta-
tus on the space force officer list and holds a perma-
nent appointment in a grade above first lieutenant 
may not be considered for selection for promotion to 
the next higher permanent grade until the officer has 
completed the following period of service in the grade 
in which the officer holds a permanent appointment: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00875
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
876 
•HR 2670 RH1S 
‘‘(A) Three years, in the case of an officer 
holding a permanent appointment in the grade 
of captain, major, or lieutenant colonel. 
‘‘(B) One year, in the case of an officer 
holding a permanent appointment in the grade 
of colonel or brigadier general. 
‘‘(3) When the needs of the service require, the 
Secretary of the Air Force may prescribe a longer pe-
riod of service in grade for eligibility for promotion, 
in the case of officers to whom paragraph (1) applies, 
or for eligibility for consideration for promotion, in 
the case of officers to whom paragraph (2) applies. 
‘‘(4) In computing service in grade for purposes 
of this section, service in a grade held as a result of 
assignment to a position is counted as service in the 
grade in which the officer would have served except 
for such assignment or appointment. 
‘‘(b) AUTHORITY TO PRECLUDE FROM CONSIDERATION 
CERTAIN OFFICERS BASED ON TIME OF ENTRY ON OR DE-
PARTURE FROM SUSTAINED DUTY.—The Secretary of the 
Air Force— 
‘‘(1) may, by regulation, prescribe a period of 
time, not to exceed one year, from the time an officer 
on the space force officer list transfers on or off of sus-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00876
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
877 
•HR 2670 RH1S 
tained duty during which the officer shall be ineli-
gible for consideration for promotion; and 
‘‘(2) may, by regulation, preclude from consider-
ation by a selection board by which the officer would 
otherwise be eligible to be considered, an officer who 
has an established separation date that is within 90 
days after the date on which the board is to be con-
vened. 
‘‘(c) CERTAIN OFFICERS NOT TO BE CONSIDERED.— 
A selection board convened under section 20211 of this title 
may not consider for promotion to the next higher grade 
any of the following officers: 
‘‘(1) An officer whose name is on a promotion 
list for that grade as a result of the officer’s selection 
for promotion to that grade by an earlier selection 
board convened under that section. 
‘‘(2) An officer who is recommended for pro-
motion to that grade in the report of an earlier selec-
tion board convened under that section, in the case of 
such a report that has not yet been approved by the 
President. 
‘‘(3) An officer in the grade of first lieutenant 
who is on an approved all-fully-qualified-officers list 
under section 20419 of this title. 
‘‘(4) An officer excluded under subsection (d). 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00877
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
878 
•HR 2670 RH1S 
‘‘(d) AUTHORITY TO ALLOW OFFICERS TO OPT OUT 
OF SELECTION BOARD CONSIDERATION.— 
‘‘(1) The Secretary of the Air Force may provide 
that an officer on the space force officer list may, 
upon the officer’s request and with the approval of the 
Secretary, be excluded from consideration by a selec-
tion board convened under section 20211 of this title 
to consider officers for promotion to the next higher 
grade. 
‘‘(2) The Secretary of the Air Force may only 
approve a request under paragraph (1) if the Sec-
retary determines the exclusion from consideration is 
in the best interest of the Space Force. 
‘‘§ 20232. Eligibility for consideration for promotion: 
senior commander nominations 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of the Air Force and subject to subsection (b), 
a board convened under section 20211 of this title may con-
sider for promotion to the next higher grade an officer in 
a space force active status on the space force officer list in 
the grade of captain, major, or lieutenant colonel who— 
‘‘(1) does not meet the requirements of section 
20412 of this title with respect to time-in-grade; or 
‘‘(2) has already been considered for promotion 
by a selection board convened under section 20211 of 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00878
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
879 
•HR 2670 RH1S 
this title the maximum number of times as deter-
mined by the Secretary under section 20415 of this 
title and has failed of selection for promotion each 
time. 
‘‘(b) NOMINATION REQUIRED.—The regulations pre-
scribed under subsection (a) shall require that, in order for 
an officer described in that subsection to be considered for 
promotion by a board convened under section 20211 of this 
title, the officer must be nominated by the commanding gen-
eral of the Space Force Field Command to which the officer 
is assigned or, in the case of an officer on the space force 
officer list not assigned to a unit subordinate to a Space 
Force Field Command, the first lieutenant general, or civil-
ian equivalent, in the officer’s chain of command or super-
vision. For an officer on the space force officer list assigned 
to a joint position, or a position within a Federal depart-
ment or agency outside of the Department of the Air Force, 
the nomination may be made by a lieutenant general in 
the Army, Air Force, or Marine Corps or a vice admiral 
in the Navy, or the civilian equivalent. 
‘‘(c) NOMINATION.— 
‘‘(1) The regulations prescribed under subsection 
(a) shall establish clear, competency-based criteria for 
use by the nominating officer or official in deter-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00879
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
880 
•HR 2670 RH1S 
mining whether an officer described in subsection (a) 
should be nominated for consideration for promotion. 
‘‘(2) An officer on the space force officer list may 
only be nominated under this section if (A) the officer 
is not eligible for consideration for promotion by a se-
lection board convened under section 20211 of this 
title, and (B) the officer has not twice previously been 
promoted to a higher grade on the space force officer 
list under this section. 
‘‘(3) A nomination under this section shall be 
submitted to the Chief Human Capital Officer of the 
Space Force and shall provide sufficient information 
and justification for the opinion of the nominating of-
ficer that the nominated officer meets the requisite 
competency-based requirements for service in a higher 
grade and is exceptionally well qualified for pro-
motion despite not meeting the eligibility require-
ments for consideration for promotion under section 
20412 of this title. 
‘‘§ 20233. Eligibility for consideration for promotion: 
designation as joint qualified officer re-
quired before promotion to brigadier gen-
eral; exceptions 
‘‘(a) GENERAL RULE.—An officer on the space force 
officer list may not be appointed to the grade of brigadier 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00880
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
881 
•HR 2670 RH1S 
general unless the officer has been designated as a joint 
qualified officer in accordance with section 661 of this title. 
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the Sec-
retary of Defense may waive subsection (a) in the following 
circumstances: 
‘‘(1) When necessary for the good of the service. 
‘‘(2) In the case of an officer whose proposed se-
lection for promotion is based primarily upon sci-
entific and technical qualifications for which joint re-
quirements do not exist. 
‘‘(3) In the case of an officer selected by a pro-
motion board for appointment to the grade of briga-
dier general while serving in a joint duty assignment 
if— 
‘‘(A) the officer’s total consecutive service in 
joint duty assignments is not less than two 
years; and 
‘‘(B) the officer has successfully completed a 
program of education described in subsections (b) 
and (c) of section 2155 of this title. 
‘‘(4) In the case of an officer who— 
‘‘(A) is selected by a promotion board for 
appointment to the grade of brigadier general; 
‘‘(B) is not exempted under subsection (g); 
and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00881
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
882 
•HR 2670 RH1S 
‘‘(C) has successfully completed the edu-
cation requirements prescribed in subparagraph 
(A) of section 661(c)(1) of this title but has not 
been afforded the opportunity to complete the ex-
perience requirements described in subparagraph 
(B) of that section. 
‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be 
granted under subsection (b) only on a case-by-case basis 
in the case of an individual officer. 
‘‘(d) SPECIAL
RULE
FOR
GOOD-OF-THE-SERVICE 
WAIVER.—In the case of a waiver under subsection (b)(1), 
the Secretary of Defense shall provide that the first duty 
assignment as a general or flag officer of the officer for 
whom the waiver is granted shall be in a joint duty assign-
ment. 
‘‘(e) LIMITATION ON DELEGATION OF WAIVER AU-
THORITY.—The authority of the Secretary of Defense to 
grant a waiver under subsection (b)(4) may be delegated 
to the Secretary of the Air Force and may not be further 
delegated. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out this section. The regula-
tions shall specifically identify for purposes of subsection 
(b)(2) those categories of officers for which selection for pro-
motion to brigadier general is based primarily upon sci-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00882
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
883 
•HR 2670 RH1S 
entific and technical qualifications for which joint require-
ments do not exist. 
‘‘(g) EXEMPTION.—Subsection (a) shall not apply to 
an officer who transfers to the Space Force from a reserve 
component before the first day of the sixth fiscal year begin-
ning after the date of the enactment of this section, and 
who, as of the date of the transfer, is serving in the grade 
of major, lieutenant colonel, or colonel or, in the case of 
the Navy or Coast Guard, lieutenant commander, com-
mander, or captain. 
‘‘§ 20234. Opportunities for consideration for pro-
motion 
‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES 
FOR CONSIDERATION FOR PROMOTION.—Under regulations 
prescribed by the Secretary of Defense, the Secretary of the 
Air Force shall specify the number of opportunities for con-
sideration for promotion to be afforded to Space Force offi-
cers for promotion to each grade above the grade of captain. 
‘‘(b) LIMITATION
ON NUMBER
OF OPPORTUNITIES 
THAT MAY BE SPECIFIED.—The number of opportunities 
for consideration for promotion to be afforded officers of the 
Space Force for promotion to a particular grade may not 
be fewer than two and may not exceed five. 
‘‘(c) LIMITED AUTHORITY OF SECRETARY OF THE AIR 
FORCE TO MODIFY NUMBER OF OPPORTUNITIES.—The Sec-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00883
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
884 
•HR 2670 RH1S 
retary of the Air Force may change the number of opportu-
nities for consideration for promotion to a particular grade 
not more frequently than once every five years. 
‘‘(d) AUTHORITY
OF SECRETARY
OF DEFENSE
TO 
MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of 
Defense may modify the number of opportunities for consid-
eration for promotion to be afforded officers of the Space 
Force for promotion to a particular grade. 
‘‘§ 20235. Space Force officer list 
‘‘(a) SINGLE LIST.—The Secretary of the Air Force 
shall maintain a single list of all Space Force officers serv-
ing in a space force active status. The list shall be known 
as the space force officer list. 
‘‘(b) ORDER OF OFFICERS ON LIST.—Officers shall be 
carried on the space force officer list in the order of senior-
ity of the grade in which they are serving. Officers serving 
in the same grade shall be carried in the order of their rank 
in that grade. 
‘‘(c) EFFECT OF SERVICE IN A TEMPORARY APPOINT-
MENT.—An officer whose position on the space force officer 
list results from service under a temporary appointment or 
in a grade held by reason of assignment to a position has, 
when that appointment or assignment ends, the grade and 
position on the space force officer list that the officer would 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00884
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
885 
•HR 2670 RH1S 
have held if the officer had not received that appointment 
or assignment. 
‘‘§ 20236. Competitive categories 
‘‘(a) REQUIREMENT TO ESTABLISH COMPETITIVE CAT-
EGORIES FOR PROMOTION.—Under regulations prescribed 
by the Secretary of Defense, the Secretary of the Air Force 
shall establish at least one competitive category for pro-
motion for officers on the space force officer list. Each officer 
whose name appears on the space force officer list shall be 
carried in a competitive category of officers. Officers in the 
same competitive category shall compete among themselves 
for promotion. 
‘‘(b) SINGLE
COMPETITIVE
CATEGORY
FOR
PRO-
MOTION TO GENERAL OFFICER GRADES.—The Secretary of 
the Air Force shall establish a single competitive category 
for all officers on the space force officer list who will be 
considered by a selection board convened under section 
20211 of this title for promotion to the grade of brigadier 
general or major general. 
‘‘§ 20237. Numbers to be recommended for promotion 
‘‘(a) PROMOTION TO GRADES BELOW BRIGADIER GEN-
ERAL.— 
‘‘(1) Before convening a selection board under 
section 20211 of this title to consider officers for rec-
ommendation for promotion to a grade below briga-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00885
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
886 
•HR 2670 RH1S 
dier general and in any competitive category, the Sec-
retary of the Air Force shall determine— 
‘‘(A) the number of positions needed to ac-
complish mission objectives which require officers 
of that competitive category in the grade to 
which the board will recommend officers for pro-
motion; 
‘‘(B) the estimated number of officers needed 
to fill vacancies in those positions during the pe-
riod in which it is anticipated that officers se-
lected for promotion will be promoted; and 
‘‘(C) the number of officers in a space force 
active status authorized by the Secretary of the 
Air Force to serve both on sustained duty and 
not on sustained duty in the grade and competi-
tive category under consideration. 
‘‘(2) Based on the determinations under para-
graph (1), the Secretary of the Air Force shall deter-
mine the maximum number of officers in that com-
petitive category which the selection board may rec-
ommend for promotion. 
‘‘(b) PROMOTION TO BRIGADIER GENERAL AND MAJOR 
GENERAL.— 
‘‘(1) Before convening a selection board under 
section 20211 of this title to consider officers for rec-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00886
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
887 
•HR 2670 RH1S 
ommendation for promotion to the grade of brigadier 
general or major general, the Secretary of the Air 
Force shall determine— 
‘‘(A) the number of positions needed to ac-
complish mission objectives which require officers 
serving in a space force active status on sus-
tained duty, and in a space force active status 
not on sustained duty, in the grade to which the 
board will recommend officers for promotion; 
and 
‘‘(B) the estimated number of officers on 
sustained duty and not on sustained duty needed 
to fill vacancies in those positions over the 24- 
month period beginning on the date on which the 
selection board convenes. 
‘‘(2) Based on the determinations under para-
graph (1), the Secretary of the Air Force shall deter-
mine the maximum number of officers serving in a 
space force active status on sustained duty, and the 
maximum number of officers serving in a space force 
active status not on sustained duty, which the selec-
tion board may recommend for promotion. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00887
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
888 
•HR 2670 RH1S 
‘‘§ 20238. Promotions: how made; authorized delay of 
promotions 
‘‘(a) PROCEDURE FOR PROMOTION OF OFFICERS ON 
AN APPROVED PROMOTION LIST.— 
‘‘(1) PLACEMENT
OF
NAMES
ON
PROMOTION 
LIST.—When the report of a selection board convened 
under section 20211 of this title is approved by the 
President, the Secretary of the Air Force shall place 
the names of all officers approved for promotion with-
in a competitive category on a single list for that 
competitive category, to be known as a promotion list, 
in the order of the seniority of such officers on the list 
or based on particular merit, as determined by the 
promotion board, or as modified by the Secretary of 
the Air Force under section 20216 of this title. A pro-
motion list is considered to be established under this 
section as of the date of the approval of the report of 
the selection board under the preceding sentence. 
‘‘(2) ORDER AND TIMING OF PROMOTIONS.—Ex-
cept as provided in subsection (d), officers on a pro-
motion list for a competitive category shall be pro-
moted to the next higher grade when additional offi-
cers in that grade and competitive category are need-
ed. Promotions shall be made in the order in which 
the names of officers appear on the promotion list 
and after officers previously selected for promotion in 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00888
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
889 
•HR 2670 RH1S 
that competitive category have been promoted. Officers 
to be promoted to the grade of first lieutenant shall 
be promoted in accordance with regulations pre-
scribed by the Secretary of the Air Force. 
‘‘(3) LIMITATION ON PROMOTIONS TO GENERAL 
OFFICER GRADES TO COMPLY WITH STRENGTH LIMI-
TATIONS.—Under regulations prescribed by the Sec-
retary of Defense, the promotion of an officer on the 
space force officer list to the grade of brigadier general 
or major general shall be delayed if that promotion 
would cause any strength limitation of section 526 of 
this title to be exceeded. The delay shall expire when 
the Secretary of the Air Force determines that the 
delay is no longer required to ensure compliance with 
the strength limitation. 
‘‘(4) PROMOTION OF FIRST LIEUTENANTS ON AN 
ALL-FULLY-QUALIFIED OFFICERS LIST.— 
‘‘(A) Except as provided in subsection (d), 
officers on the space force officer list in the grade 
of first lieutenant who are on an approved all- 
fully-qualified-officers list shall be promoted to 
the grade of captain in accordance with regula-
tions prescribed by the Secretary of the Air 
Force. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00889
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
890 
•HR 2670 RH1S 
‘‘(B) An all-fully-qualified-officers list shall 
be considered to be approved for purposes of sub-
paragraph (A) when the list is approved by the 
President. When so approved, such a list shall be 
treated in the same manner as a promotion list 
under this chapter. 
‘‘(C) The Secretary of the Air Force may 
make a recommendation to the President for ap-
proval of an all-fully-qualified-officers list only 
when the Secretary determines that all officers 
on the list are needed in the next higher grade 
to accomplish mission objectives. 
‘‘(D) For purposes of this paragraph, an 
all-fully-qualified-officers list is a list of all offi-
cers on the space force officers list in a grade 
who the Secretary of the Air Force determines— 
‘‘(i) are fully qualified for promotion 
to the next higher grade; and 
‘‘(ii) would be eligible for consideration 
for promotion to the next higher grade by a 
selection board convened under section 
20211 of this title upon the convening of 
such a board. 
‘‘(E) If the Secretary of the Air Force deter-
mines that one or more officers or former officers 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00890
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
891 
•HR 2670 RH1S 
were not placed on an all-fully-qualified-list 
under this paragraph because of administrative 
error, the Secretary may prepare a supplemental 
all-fully-qualified-officers list containing the 
names of any such officers for approval in ac-
cordance with this paragraph. 
‘‘(b) DATE OF RANK.—The date of rank of an officer 
appointed to a higher grade under this section is deter-
mined under section 741(d) of this title. 
‘‘(c) APPOINTMENT AUTHORITY.—Appointments under 
this section shall be made by the President, by and with 
the advice and consent of the Senate, except that appoint-
ments under this section in the grade of first lieutenant or 
captain shall be made by the President alone. 
‘‘(d) AUTHORITY TO DELAY APPOINTMENTS FOR SPEC-
IFIED REASONS.—The provisions of subsection (d) of sec-
tion 624 of this title shall apply to the appointment of an 
officer under this section in the same manner as they apply 
to an appointment of an officer under that section, and any 
reference in that subsection to an active-duty list shall be 
treated for purposes of applicability to an officer of the 
Space Force as referring to the space force officer list. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00891
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
892 
•HR 2670 RH1S 
‘‘SUBCHAPTER IV—PERSONS NOT CONSIDERED 
FOR PROMOTION AND OTHER PROMOTION- 
RELATED PROVISIONS 
‘‘§ 20251. Special selection boards 
‘‘(a) PERSONS NOT CONSIDERED
BY PROMOTION 
BOARD DUE TO ADMINISTRATIVE ERROR.— 
‘‘(1) If the Secretary of the Air Force determines 
that because of administrative error a person who 
should have been considered for selection for pro-
motion by a selection board convened under section 
20211 of this title was not so considered, the Sec-
retary shall convene a special selection board under 
this subsection to determine whether that person 
should be recommended for promotion. 
‘‘(2) A special selection board convened under 
paragraph (1) shall consider the record of the person 
whose name was referred to it for consideration as 
that record would have appeared to the board that 
should have considered the person. That record shall 
be compared with a sampling of the records of those 
officers of the same competitive category who were 
recommended for promotion, and those officers who 
were not recommended for promotion, by the board 
that should have considered the person. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00892
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
893 
•HR 2670 RH1S 
‘‘(3) If a special selection board convened under 
paragraph (1) does not recommend for promotion a 
person whose name was referred to it for consider-
ation for selection for appointment to a grade other 
than a general officer grade, the person shall be con-
sidered to have failed of selection for promotion. 
‘‘(b) PERSONS CONSIDERED BY PROMOTION BOARD IN 
UNFAIR MANNER.— 
‘‘(1) If the Secretary of the Air Force determines, 
in the case of a person who was considered for selec-
tion for promotion by a board convened under section 
20211 of this title but was not selected, that there was 
material unfairness with respect to that person, the 
Secretary may convene a special selection board 
under this subsection to determine whether that per-
son should be recommended for promotion. In order to 
determine that there was material unfairness, the Sec-
retary must determine that— 
‘‘(A) the action of the selection board that 
considered the person was contrary to law in a 
matter material to the decision of the board or 
involved material error of fact or material ad-
ministrative error; or 
‘‘(B) the board did not have before it for its 
consideration material information. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00893
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
894 
•HR 2670 RH1S 
‘‘(2) A special selection board convened under 
paragraph (1) shall consider the record of the person 
whose name was referred to it for consideration as 
that record, if corrected, would have appeared to the 
board that considered the person. That record shall be 
compared with the records of a sampling of those offi-
cers of the same competitive category who were rec-
ommended for promotion, and those officers who were 
not recommended for promotion, by the board that 
considered the person. 
‘‘(3) If a special selection board convened under 
paragraph (1) does not recommend for promotion a 
person whose name was referred to it for consider-
ation, the person incurs no additional failure of selec-
tion for promotion. 
‘‘(c) REPORTS OF BOARDS.— 
‘‘(1) Each special selection board convened under 
this section shall submit to the Secretary of the Air 
Force a written report, signed by each member of the 
board, containing the name of each person it rec-
ommends for promotion and certifying that the board 
has carefully considered the record of each person 
whose name was referred to it. 
‘‘(2) The provisions of sections 20215 and 20216 
of this title apply to the report and proceedings of a 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00894
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
895 
•HR 2670 RH1S 
special selection board convened under this section in 
the same manner as they apply to the report and pro-
ceedings of a selection board convened under section 
20211 of this title. 
‘‘(d) APPOINTMENT
OF
PERSONS
SELECTED
BY 
BOARDS.— 
‘‘(1) If the report of a special selection board 
convened under this section, as approved by the Presi-
dent, recommends for promotion to the next higher 
grade a person whose name was referred to it for con-
sideration, that person shall, as soon as practicable, 
be appointed to that grade in accordance with sub-
sections (b), (c), and (d) of section 20238 of this title. 
‘‘(2) A person who is appointed to the next high-
er grade as the result of the recommendation of a spe-
cial selection board convened under this section shall, 
upon that appointment, have the same date of rank, 
the same effective date for the pay and allowances of 
that grade, and the same position on the space force 
officer list as the person would have had if the person 
had been recommended for promotion to that grade by 
the board which should have considered, or which did 
consider, the person. 
‘‘(e) DECEASED PERSONS.—If a person whose name 
is being considered for referral to a special selection board 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00895
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
896 
•HR 2670 RH1S 
under this section dies before the completion of proceedings 
under this section with respect to that person, this section 
shall be applied to that person posthumously. 
‘‘(f) CONVENING
OF BOARDS.—A board convened 
under this section— 
‘‘(1) shall be convened under regulations pre-
scribed by the Secretary of Defense; 
‘‘(2) shall be composed in accordance with sec-
tion 20212 of this title and regulations prescribed by 
the Secretary of the Air Force; and 
‘‘(3) shall be subject to the provisions of section 
613 of this title. 
‘‘(g) JUDICIAL REVIEW.—The provisions of subsection 
(g) of section 628 of this title (relating to judicial review) 
apply to the following actions with respect of any person 
in the same manner as those provisions apply to cor-
responding actions under such section 628 with respect to 
an officer or former officer of the Air Force: 
‘‘(1) A determination by the Secretary of the Air 
Force under subsection (a)(1) or (b)(1) not to convene 
a special selection board. 
‘‘(2) The action of a special selection board con-
vened under this section. 
‘‘(3) An action of the Secretary of the Air Force 
on the report of such a board. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00896
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
897 
•HR 2670 RH1S 
‘‘(h) LIMITATIONS OF OTHER JURISDICTION.—No offi-
cial or court of the United States may, with respect to a 
claim based to any extent on the failure of a person to be 
selected for promotion by a promotion board— 
‘‘(1) consider the claim unless the person has 
first been referred by the Secretary of the Air Force 
to a special selection board convened under this sec-
tion and acted upon by that board and the report of 
the board has been approved by the President; or 
‘‘(2) except as provided in subsection (g), grant 
any relief on the claim unless the person has been se-
lected for promotion by a special selection board con-
vened under this section to consider the person for 
recommendation for promotion and the report of the 
board has been approved by the President. 
‘‘(i) EXISTING JURISDICTION.—Nothing in this section 
limits— 
‘‘(1) the jurisdiction of any court of the United 
States under any provision of law to determine the 
validity of any law, regulation, or policy relating to 
selection boards; or 
‘‘(2) the authority of the Secretary of the Air 
Force to correct a military record under section 1552 
of this title. 
‘‘(j) REGULATIONS.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00897
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
898 
•HR 2670 RH1S 
‘‘(1) IN
GENERAL.—The Secretary of the Air 
Force shall prescribe regulations to carry out this sec-
tion. 
‘‘(2) EXCLUSION.—Regulations under this sub-
section may not apply to subsection (g) of section 628 
of this title (as incorporated by subsection (g) of this 
section), other than to paragraph (3)(C) of that sub-
section. 
‘‘(3) PRESCRIBING OF CIRCUMSTANCES FOR CON-
SIDERATION BY A BOARD UNDER THIS SECTION.—The 
Secretary may prescribe in the regulations under this 
subsection the circumstances under which consider-
ation by a special selection board may be provided for 
under this section, including the following: 
‘‘(A) The circumstances under which consid-
eration of a person’s case by a special selection 
board is contingent upon application by or for 
that person. 
‘‘(B) Any time limits applicable to the fil-
ing of an application for such consideration. 
‘‘(4) REGULATIONS SUBJECT TO SECRETARY OF 
DEFENSE APPROVAL.—Regulations prescribed by the 
Secretary of the Air Force under this subsection may 
not take effect until approved by the Secretary of De-
fense. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00898
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
899 
•HR 2670 RH1S 
‘‘§ 20252. Other promotion matters 
‘‘(a) SPECIAL SELECTION BOARD MATTERS.—The ref-
erence in section 628(a)(1) of this title to a person above 
the promotion zone does not apply in the promotion of offi-
cers on the space force officer list. 
‘‘(b) With respect to the promotion of officers on the 
space force officer list, the provisions of part II of subtitle 
A that refer to the effect of twice failing of selection for pro-
motion do not apply. 
‘‘SUBCHAPTER V—APPLICABILITY OF OTHER 
LAWS 
‘‘§ 20261. Applicability of certain DOPMA officer per-
sonnel policy provisions 
‘‘Except as otherwise modified or provided for in this 
chapter, the following provisions of chapter 36 of this title 
(relating to promotion, separation, and involuntary retire-
ment of officers on the active-duty list) shall apply to Space 
Force officers and officer promotions: 
‘‘(1) Subchapter I (relating to selection boards). 
‘‘(2) Subchapter II (relating to promotions). 
‘‘(3) Subchapter III (relating to failure of selec-
tion for promotion and retirement for years of serv-
ice), other than sections 627, 631, and 632. 
‘‘(4) Subchapter IV (relating to continuation on 
active duty and selective early retirement), other than 
sections 637, 637a, and 638. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00899
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
900 
•HR 2670 RH1S 
‘‘(5) Subchapter V (additional provisions relat-
ing to promotion, separation, and retirement). 
‘‘(6) Subchapter VI (relating to alternative pro-
motion authority for officers in designated competi-
tive categories).’’. 
(d) TEMPORARY (‘‘BREVET’’) PROMOTIONS FOR OFFI-
CERS WITH CRITICAL SKILLS.—Section 605 of title 10, 
United States Code, is amended as follows: 
(1) COVERAGE
OF
SPACE
FORCE
OFFICERS.— 
Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are 
amended by striking ‘‘or Marine Corps,’’ each place 
it appears and inserting ‘‘Marine Corps, or Space 
Force,’’. 
(2) DISAGGREGATION OF AIR FORCE MAXIMUM 
NUMBERS.—Subsection (g) is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by striking paragraph (2) and inserting 
the following new paragraphs (2) and (3): 
‘‘(2) In the case of the Air Force— 
‘‘(A) as captain 95; 
‘‘(B) as major, 305; 
‘‘(C) as lieutenant colonel, 165; and 
‘‘(D) as colonel, 75. 
‘‘(3) In the case of the Space Force— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00900
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
901 
•HR 2670 RH1S 
‘‘(A) as captain, 5; 
‘‘(B) as major, 20; 
‘‘(C) as lieutenant colonel, 10; and 
‘‘(D) as colonel, 5.’’. 
SEC. 1717. ENLISTED MEMBERS. 
(a) IN GENERAL.—Subtitle F of title 10, United States 
Code, as amended by section 1716, is further amended by 
adding at the end the following new chapter: 
‘‘CHAPTER 2007—ENLISTED MEMBERS 
‘‘Sec. 
‘‘20301. Original enlistments: qualifications; grade. 
‘‘20302. Enlisted members: term of enlistment. 
‘‘20303. Reference to chapter 31. 
‘‘§ 20301. Original enlistments: qualifications; grade 
‘‘(a) ORIGINAL ENLISTMENTS.— 
‘‘(1) AUTHORITY TO ACCEPT.—The Secretary of 
the Air Force may accept original enlistments in the 
Space Force of qualified, effective, and able-bodied 
persons. 
‘‘(2) AGE.—A person accepted for original enlist-
ment shall be not less than seventeen years of age. 
However, no person under eighteen years of age may 
be originally enlisted without the written consent of 
the person’s parent or guardian, if the person has a 
parent or guardian entitled to the person’s custody 
and control. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00901
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
902 
•HR 2670 RH1S 
‘‘(b) GRADE.—A person is enlisted in the Space Force 
in the grade prescribed by the Secretary of the Air Force. 
‘‘§ 20302. Enlisted members: term of enlistment 
‘‘(a) TERM OF ORIGINAL ENLISTMENTS.—The Sec-
retary of the Air Force may accept original enlistments of 
persons for the duration of their minority or for a period 
of at least two but not more than eight years in the Space 
Force. 
‘‘(b) TERM OF REENLISTMENTS.—The Secretary of the 
Air Force may accept a reenlistment in the Space Force 
for a period determined in accordance with paragraphs (2), 
(3), and (4) of section 505(d) of this title. 
‘‘§ 20303. Reference to chapter 31 
‘‘For other provisions of this title applicable to enlist-
ments in the Space Force, see chapter 31 of this title.’’. 
(b) AMENDMENTS TO TITLE 10 CHAPTER RELATING 
TO ENLISTMENTS.—Chapter 31 of such title is amended as 
follows: 
(1) RECRUITING CAMPAIGNS.—Section 503(a) is 
amended by inserting ‘‘and the Space Force’’ after 
‘‘Regular Coast Guard’’. 
(2) QUALIFICATIONS, TERM, GRADE.—Section 
505 is amended— 
(A) by striking ‘‘Regular Space Force,’’ 
each place it appears; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00902
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
903 
•HR 2670 RH1S 
(B) by adding at the end the following new 
subsection: 
‘‘(e) ENLISTMENTS IN THE SPACE FORCE.—For enlist-
ments in the Space Force, see sections 20301 and 20302 
of this title.’’. 
(3) 
EXTENSION
OF
ENLISTMENTS
DURING 
WAR.—Section 506 is amended by striking ‘‘Regular’’ 
before ‘‘Space Force’’. 
(4) REENLISTMENT.—Section 508 is amended 
striking ‘‘Regular’’ before ‘‘Space Force’’ in sub-
sections (b) and (c). 
(5) ENLISTMENT INCENTIVES FOR PURSUIT OF 
SKILLS TO FACILITATE NATIONAL SERVICE.—Section 
510(c) is amended— 
(A) in paragraph (2), by inserting ‘‘or the 
Space Force’’ after ‘‘Selected Reserve’’; and 
(B) in paragraph (3)— 
(i) by redesignating subparagraphs (D) 
and (E) as subparagraphs (E) and (F), re-
spectively; 
(ii) by inserting after subparagraph 
(C) the following new subparagraph (D): 
‘‘(D) in the Space Force;’’; and 
(iii) in subparagraph (F), as so redes-
ignated, by striking ‘‘subparagraphs (A) 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00903
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
904 
•HR 2670 RH1S 
through (D)’’ and inserting ‘‘subparagraphs 
(A) through (E)’’. 
(6) 
COLLEGE
FIRST
PROGRAM.—Section 
511(b)(1)(A), is amended by inserting ‘‘or as a mem-
ber of the Space Force,’’ after ‘‘reserve component,’’. 
(7) DELAYED ENTRY PROGRAM.—Section 513(a) 
is amended— 
(A) by inserting, ‘‘, or who is qualified 
under section 20301 of this title and applicable 
regulations for enlistment in the Space Force,’’ 
after ‘‘armed force’’; and 
(B) by inserting ‘‘, or be enlisted as a mem-
ber of the Space Force,’’ after ‘‘Coast Guard Re-
serve’’. 
(8) EFFECT UPON ENLISTED STATUS OF ACCEPT-
ANCE OF APPOINTMENT AS CADET OR MIDSHIPMAN.— 
Section 516(b) is amended by inserting ‘‘or in the 
Space Force,’’ after ‘‘armed force’’. 
SEC. 1718. RETENTION AND SEPARATION GENERALLY. 
(a) IN GENERAL.—Subtitle F of title 10, United States 
Code, as amended by section 1717, is further amended by 
adding at the end the following new chapter: 
‘‘CHAPTER 2009—RETENTION AND 
SEPARATION GENERALLY 
‘‘Sec. 
‘‘20401. Applicability of certain provisions of law related to separation. 
‘‘20402. Enlisted members: standards and qualifications for retention. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00904
Fmt 6652
Sfmt 6213
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
905 
•HR 2670 RH1S 
‘‘20403. Officers: standards and qualifications for retention. 
‘‘20404. Selection of officers for early retirement or discharge. 
‘‘20404. Force shaping authority. 
‘‘§ 20401. Applicability of certain provisions of law re-
lated to separation 
‘‘(a) OFFICER SEPARATION.—Except as specified in 
this section or otherwise modified in this chapter, the provi-
sions of chapter 59 of this title applicable to officers of a 
regular component shall apply to officers of the Space 
Force. 
‘‘(b) Except as specified in this section or otherwise 
modified in this chapter, the provisions of sections 1169, 
1170, 1171, 1173, 1174(b) 1176(a) of chapter 59 of this title 
applicable to enlisted members of a regular component shall 
apply to enlisted members of the Space Force. 
‘‘(c) The provisions of section 1172 of this title per-
taining to a person enlisted under section 518 of this title 
shall apply to an enlisted member of the Space Force. 
‘‘(d) The provisions of section 1174 of this title— 
‘‘(1) pertaining to a regular officer shall apply 
to a Space Force officer serving on sustained duty; 
‘‘(2) pertaining to a regular enlisted member 
shall apply to an enlisted member of the Space Force 
serving on sustained duty; and 
‘‘(3) pertaining to other members shall apply to 
members of the Space Force not serving on sustained 
duty. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00905
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
906 
•HR 2670 RH1S 
‘‘(e) The provisions of section 1175 of this title per-
taining to a voluntary appointment, enlistment, or transfer 
to a reserve component shall apply to the voluntary release 
from active duty of a member of the Space Force on sus-
tained duty. 
‘‘(f) The provisions of section 1176 of this title— 
‘‘(1) pertaining to a regular enlisted member 
shall apply to an enlisted member of the Space Force 
serving on sustained duty; and 
‘‘(2) pertaining to a reserve enlisted member 
serving in an active status shall apply to an enlisted 
member of the Space Force serving in a space force 
active status or on sustained duty. 
‘‘§ 20402. Enlisted members: standards and qualifica-
tions for retention 
‘‘(a) STANDARDS AND QUALIFICATIONS FOR RETEN-
TION.—The Secretary of the Air Force shall, by regulation, 
prescribe— 
‘‘(1) standards and qualifications for the reten-
tion of enlisted members of the Space Force; and 
‘‘(2) equitable procedures for the periodic deter-
mination of the compliance of each such member with 
those standards and qualifications. 
‘‘(b) EFFECT OF FAILURE TO COMPLY WITH STAND-
ARDS AND QUALIFICATIONS.—If an enlisted member serving 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00906
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
907 
•HR 2670 RH1S 
in Space Force active status fails to comply with the stand-
ards and qualifications prescribed under subsection (a), the 
member shall— 
‘‘(1) if qualified, be transferred to Space Force 
inactive status; 
‘‘(2) if qualified, be retired in accordance with 
section 20603 of this title; or 
‘‘(3) have the member’s enlistment terminated. 
‘‘§ 20403. Officers: standards and qualifications for 
retention 
‘‘(a) STANDARDS AND QUALIFICATIONS.—To be re-
tained in an active status, a Space Force officer must— 
‘‘(1) in any applicable yearly period, attain the 
number of points under section 12732(a)(2) of this 
title that are prescribed by the Secretary of the Air 
Force; and 
‘‘(2) conform to such other standards and quali-
fications as the Secretary may prescribe for officers of 
the Space Force. 
‘‘(b) LIMITATION ON MINIMUM NUMBER OF POINTS.— 
The Secretary may not prescribe a minimum of more than 
50 points under subsection (a). 
‘‘(c) RESULT
OF FAILURE
TO COMPLY.—A Space 
Force officer who fails to attain the number of points pre-
scribed under subsection (a)(1), or to conform to the stand-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00907
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
908 
•HR 2670 RH1S 
ards and qualifications prescribed under subsection (a)(2), 
may be referred to a board convened under section 20501(a) 
of this title. 
‘‘§ 20404. Selection of officers for early retirement or 
discharge 
‘‘(a) CONSIDERATION FOR EARLY RETIREMENT.—The 
Secretary of the Air Force may convene selection boards 
under section 20211(b) of this title to consider for early re-
tirement officers on the space force officer list as follows: 
‘‘(1) Officers in the grade of lieutenant colonel 
who have failed of selection for promotion at least one 
time and whose names are not on a list of officers rec-
ommended for promotion. 
‘‘(2) Officers in the grade of colonel who have 
served in that grade for at least two years and whose 
names are not on a list of officers recommended for 
promotion. 
‘‘(3) Officers, other than those described in para-
graphs (1) and (2), holding a grade below the grade 
of colonel— 
‘‘(A) who are eligible for retirement under 
section 20601 of this title or who after two addi-
tional years or less of active service would be eli-
gible for retirement under that section; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00908
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
909 
•HR 2670 RH1S 
‘‘(B) whose names are not on a list of offi-
cers recommended for promotion. 
‘‘(b) CONSIDERATION FOR DISCHARGE.— 
‘‘(1) The Secretary of the Air Force may convene 
selection boards under section 20211 of this title to 
consider for discharge officers on the space force offi-
cer list— 
‘‘(A) who have served at least one year of 
active status in the grade currently held; 
‘‘(B) whose names are not on a list of offi-
cers recommended for promotion; and 
‘‘(C) who are not eligible to be retired under 
any provision of law (other than by reason of 
eligibility pursuant to section 4403 of the Na-
tional Defense Authorization Act for Fiscal Year 
1993) and are not within two years of becoming 
so eligible. 
‘‘(2) An officer who is recommended for dis-
charge by a selection board convened pursuant to the 
authority of paragraph (1) and whose discharge is 
approved by the Secretary of the Air Force shall be 
discharged on a date specified by the Secretary. 
‘‘(3) Selection of officers for discharge under 
paragraph (1) shall be based on the needs of the serv-
ice. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00909
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
910 
•HR 2670 RH1S 
‘‘(c) DISCHARGES AND RETIREMENTS CONSIDERED TO 
BE INVOLUNTARY.—The discharge or retirement of an offi-
cer pursuant to this section shall be considered to be invol-
untary for purposes of any other provision of law. 
‘‘§ 20405. Force shaping authority 
‘‘(a) AUTHORITY.—The Secretary of the Air Force 
may, solely for the purpose of restructuring the Space 
Force— 
‘‘(1) discharge an officer described in subsection 
(b); or 
‘‘(2) involuntarily release such an officer from 
sustained duty. 
‘‘(b) COVERED OFFICERS.— 
‘‘(1) The authority under this section may be ex-
ercised in the case of an officer of the Space Force 
serving on sustained duty who— 
‘‘(A) has completed not more than six years 
of service as a commissioned officer in the armed 
forces; or 
‘‘(B) has completed more than six years of 
service as a commissioned officer in the armed 
forces, but has not completed the minimum serv-
ice obligation applicable to that officer. 
‘‘(2) In this subsection, the term ‘minimum serv-
ice obligation’, with respect to a member of the Space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00910
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
911 
•HR 2670 RH1S 
Force, means the initial period of required active 
duty service applicable to the member, together with 
any additional period of required active duty service 
incurred by that member during the member’s initial 
period of required active duty service. 
‘‘(c) REGULATIONS.—The Secretary of the Air Force 
shall prescribe regulations for the exercise of the Secretary’s 
authority under this section.’’. 
(b) CONFORMING AMENDMENTS.—Section 647 of title 
10, United States Code, is amended— 
(1) in subsection (b), by inserting ‘‘(other than 
an officer of the Space Force)’’ after ‘‘in the case of 
an officer’’; 
(2) in subsection (c), by striking ‘‘Regular Ma-
rine Corps, of Regular Space Force’’ and inserting 
‘‘or Regular Marine Corps’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) SPACE FORCE.—For a similar provision with re-
spect to officers of the Space Force, see section 20405 of this 
title.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00911
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
912 
•HR 2670 RH1S 
SEC. 1719. SEPARATION OF OFFICERS FOR SUBSTANDARD 
PERFORMANCE OF DUTY OR FOR CERTAIN 
OTHER REASONS. 
Subtitle F of title 10, United States Code, as amended 
by section 1718, is further amended by adding at the end 
the following new chapter: 
‘‘CHAPTER 2011—SEPARATION OF OFFI-
CERS FOR SUBSTANDARD PERFORM-
ANCE OF DUTY OR FOR CERTAIN 
OTHER REASONS 
‘‘Sec. 
‘‘20501. Authority to establish procedures to consider the separation of officers for 
substandard performance of duty and for certain other reasons. 
‘‘20502. Retention boards. 
‘‘20503. Removal of officer: action by Secretary upon recommendation of retention 
board. 
‘‘20504. Rights and procedures. 
‘‘20505. Officer considered for removal: voluntary retirement or discharge. 
‘‘20506. Officers eligible to serve on retention boards. 
‘‘§ 20501. Authority to establish procedures to consider 
the separation of officers for substandard 
performance of duty and for certain other 
reasons 
‘‘(a) PROCEDURES FOR REVIEW OF RECORD OF OFFI-
CERS RELATING
TO STANDARDS
OF PERFORMANCE
OF 
DUTY.— 
‘‘(1) The Secretary of the Air Force shall pre-
scribe, by regulation, procedures for the review at any 
time of the record of any commissioned officer (other 
than a retired officer) of the Space Force in a space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00912
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
913 
•HR 2670 RH1S 
force active status to determine whether the officer 
shall be required, because of a reason stated in para-
graph (2), to show cause for the officer’s retention in 
a space force active status. 
‘‘(2) The reasons referred to in paragraph (1) 
are the following: 
‘‘(A) The officer’s performance of duty has 
fallen below standards prescribed by the Sec-
retary of Defense. 
‘‘(B) The officer has failed to satisfy the 
standards and qualifications established under 
section 20403 of this title by the Secretary of the 
Air Force. 
‘‘(b) PROCEDURES FOR REVIEW OF RECORD OF OFFI-
CERS RELATING TO CERTAIN OTHER REASONS.— 
‘‘(1) The Secretary of the Air Force shall pre-
scribe, by regulation, procedures for the review at any 
time of the record of any commissioned officer (other 
than a retired officer) of the Space Force in a space 
force active status to determine whether the officer 
should be required, because of a reason stated in 
paragraph (2), to show cause for the officer’s retention 
in a space force active status. 
‘‘(2) The reasons referred to in paragraph (1) 
are the following: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00913
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
914 
•HR 2670 RH1S 
‘‘(A) Misconduct. 
‘‘(B) Moral or professional dereliction. 
‘‘(C) The officer’s retention is not clearly 
consistent with the interests of national security. 
‘‘(c) SECRETARY OF DEFENSE LIMITATIONS.—Regula-
tions prescribed by the Secretary of the Air Force under 
this section are subject to such limitations as the Secretary 
of Defense may prescribe. 
‘‘§ 20502. Retention boards 
‘‘(a) CONVENING OF BOARDS TO CONSIDER OFFICERS 
REQUIRED TO SHOW CAUSE.—The Secretary of the Air 
Force shall convene retention boards at such times and 
places as the Secretary may prescribe to receive evidence 
and make findings and recommendations as to whether an 
officer who is required under section 20501 of this title to 
show cause for retention in a space force active status 
should be retained in a space force active status. Each reten-
tion board shall be composed of not less than three officers 
having the qualifications prescribed by section 20506 of this 
title. 
‘‘(b) FAIR
AND IMPARTIAL HEARING.—A retention 
board shall give a fair and impartial hearing to each officer 
required under section 20501 of this title to show cause for 
retention in a space force active status. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00914
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
915 
•HR 2670 RH1S 
‘‘(c) EFFECT OF BOARD DETERMINATION THAN AN 
OFFICER HAS FAILED TO ESTABLISH THAT THE OFFICER 
SHOULD BE RETAINED.— 
‘‘(1) If a retention board determines that the offi-
cer has failed to establish that the officer should be re-
tained in a space force active status, the board shall 
recommend to the Secretary of the Air Force one of 
the following: 
‘‘(A) That the officer be transferred to an 
inactive status. 
‘‘(B) That the officer, if qualified under any 
provision of law, be retired. 
‘‘(C) That the officer be discharged from the 
Space Force. 
‘‘(2) Under regulations prescribed by the Sec-
retary of the Air Force, an officer as to whom a reten-
tion board makes a recommendation under paragraph 
(1) that the officer not be retained in a space force 
active status may be required to take leave pending 
the completion of the officer’s case under this chapter. 
The officer may be required to begin such leave at any 
time following the officer’s receipt of the report of the 
retention board, including the board’s recommenda-
tion for removal from a space force active status, and 
the expiration of any period allowed for submission 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00915
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
916 
•HR 2670 RH1S 
by the officer of a rebuttal to that report. The leave 
may be continued until the date on which action by 
the Secretary of the Air Force on the officer’s case is 
completed or may be terminated at any earlier time. 
‘‘(d) EFFECT OF BOARD DETERMINATION THAN AN 
OFFICER HAS ESTABLISHED THAT THE OFFICER SHOULD 
BE RETAINED.— 
‘‘(1) If a retention board determines that the offi-
cer has established that the officer should be retained 
in a space force active status, the officer’s case is 
closed. 
‘‘(2) An officer who is required to show cause for 
retention in a space force active status under sub-
section (a) of section 20501 of this title and who is 
determined under paragraph (1) to have established 
that the officer should be retained in a space force ac-
tive status may not again be required to show cause 
for retention in a space force active status under such 
subsection within the one-year period beginning on 
the date of that determination. 
‘‘(3)(A) Subject to subparagraph (B), an officer 
who is required to show cause for retention in a space 
force active status under subsection (b) of section 
20501 of this title and who is determined under para-
graph (1) to have established that the officer should 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00916
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
917 
•HR 2670 RH1S 
be retained in a space force active status may again 
be required to show cause for retention at any time. 
‘‘(B) An officer who has been required to show 
cause for retention in a space force active status 
under subsection (b) of section 20501 of this title and 
who is thereafter retained in an active status may not 
again be required to show cause for retention in a 
space force active status under such subsection solely 
because of conduct which was the subject of the pre-
vious proceedings, unless the findings or recommenda-
tions of the retention board that considered the offi-
cer’s previous case are determined to have been ob-
tained by fraud or collusion. 
‘‘(4) In the case of an officer described in para-
graph (2) or paragraph (3)(A), the retention board 
may recommend that the officer be required to com-
plete additional training, professional education, or 
such other developmental programs as may be avail-
able to correct any identified deficiencies and improve 
the officer’s performance within the Space Force. 
‘‘§ 20503. Removal of officer: action by Secretary upon 
recommendation of retention board 
‘‘The Secretary of the Air Force may remove an officer 
from space force active status if the removal of such officer 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00917
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
918 
•HR 2670 RH1S 
from space force active status is recommended by a reten-
tion board convened under section 20502 of this title. 
‘‘§ 20504. Rights and procedures 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of the Air Force, each officer required under 
section 20501 of this title to show cause for retention in 
a space force active status— 
‘‘(1) shall be notified in writing, at least 30 days 
before the hearing of the officer’s case by a retention 
board, of the reasons for which the officer is being re-
quired to show cause for retention in a space force ac-
tive status; 
‘‘(2) shall be allowed a reasonable time, as deter-
mined by the board, to prepare the officer’s showing 
of cause for retention in a space force active status; 
‘‘(3) shall be allowed to appear either in person 
or through electronic means and to be represented by 
counsel at proceedings before the board; and 
‘‘(4) shall be allowed full access to, and shall be 
furnished copies of, records relevant to the officer’s 
case, except that the board shall withhold any record 
that the Secretary determines should be withheld in 
the interest of national security. 
‘‘(b) SUMMARY OF RECORDS WITHHELD IN INTEREST 
OF NATIONAL SECURITY.—When a record is withheld under 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00918
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
919 
•HR 2670 RH1S 
subsection (a)(4), the officer whose case is under consider-
ation shall, to the extent that the interest of national secu-
rity permits, be furnished a summary of the record so with-
held. 
‘‘§ 20505. Officer considered for removal: voluntary re-
tirement or discharge 
‘‘(a) IN GENERAL.—At any time during proceedings 
under this chapter with respect to the removal of an officer 
from a space force active status , the Secretary of the Air 
Force may grant a request by the officer— 
‘‘(1) for voluntary retirement, if the officer is 
qualified for retirement; or 
‘‘(2) for discharge in accordance with subsection 
(b)(2). 
‘‘(b) RETIREMENT
OR DISCHARGE.—An officer re-
moved from a space force active status under section 20503 
of this title shall— 
‘‘(1) if eligible for voluntary retirement under 
any provision of law on the date of such removal, be 
retired in the grade and with the retired pay for 
which the officer would be eligible if retired under 
such provision; and 
‘‘(2) if ineligible for voluntary retirement under 
any provision of law on the date of such removal— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00919
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
920 
•HR 2670 RH1S 
‘‘(A) be honorably discharged in the grade 
then held, in the case of an officer whose case 
was brought under subsection (a) of section 
20501 of this title; or 
‘‘(B) be discharged in the grade then held, 
in the case of an officer whose case was brought 
under subsection (b) of section 20501 of this title. 
‘‘(c) SEPARATION PAY FOR DISCHARGED OFFICER.— 
An officer who is discharged under subsection (b)(2) is enti-
tled, if eligible therefor, to separation pay under section 
1174(a)(2) of this title. 
‘‘§ 20506. Officers eligible to serve on retention boards 
‘‘(a) IN GENERAL.—The provisions of section 1187 of 
this title apply to the membership of boards convened under 
this chapter in the same manner as to the membership of 
boards convened under chapter 60 of this title. 
‘‘(b) RETIRED AIR FORCE OFFICERS.— 
‘‘(1) AUTHORITY.—In applying subsection (b) of 
section 1187 of this title to a board convened under 
this chapter, the Secretary of the Air Force may ap-
point retired officers of the Air Force, in addition to 
retired officers of the Space Force, to complete the 
membership of the board. 
‘‘(2) LIMITATION.—A retired officer of the Air 
Force may be appointed to a board under paragraph 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00920
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
921 
•HR 2670 RH1S 
(1) only if the officer served in a space-related career 
field of the Air Force for sufficient time such that the 
Secretary of the Air Force determines that the retired 
Air Force officer has adequate knowledge concerning 
the standards of performance and conduct required of 
an officer of the Space Force.’’. 
SEC. 1720. RETIREMENT. 
(a) IN GENERAL.—Subtitle F of title 10, United States 
Code, as amended by section 1719, is further amended by 
adding at the end the following new chapter: 
‘‘CHAPTER 2013—VOLUNTARY 
RETIREMENT FOR LENGTH OF SERVICE 
‘‘Sec. 
‘‘20601. Officers: voluntary retirement for length of service. 
‘‘20602. Officers: computation of years of service for voluntary retirement. 
‘‘20603. Enlisted members: voluntary retirement for length of service. 
‘‘20604. Enlisted members: computation of years of service for voluntary retire-
ment. 
‘‘20605. Applicability of other provisions of law relating to retirement. 
‘‘§ 20601. Officers: voluntary retirement for length of 
service 
‘‘(a) TWENTY YEARS OR MORE.—The Secretary of the 
Air Force may, upon the officer’s request, retire a commis-
sioned officer of the Space Force who has at least 20 years 
of service computed under section 20602 of this title, at least 
10 years of which have been active service as a commis-
sioned officer. 
‘‘(b) THIRTY YEARS OR MORE.—A commissioned offi-
cer of the Space Force who has at least 30 years of service 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00921
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
922 
•HR 2670 RH1S 
computed under section 20602 of this title may be retired 
upon the officer’s request, in the discretion of the President. 
‘‘(c) FORTY YEARS OR MORE.—Except as provided in 
section 20503 of this title, a commissioned officer of the 
Space Force who has at least 40 years of service computed 
under section 20602 of this title shall be retired upon the 
officer’s request. 
‘‘§ 20602. Officers: computation of years of service for 
voluntary retirement 
‘‘(a) YEARS OF ACTIVE SERVICE.—For the purpose of 
determining whether an officer of the Space Force may be 
retired under section 20601 of this title, the officer’s years 
of service are computed by adding all active service in the 
armed forces. 
‘‘(b) REFERENCE TO SECTION EXCLUDING SERVICE 
DURING CERTAIN PERIODS.—Section 972(b) of this title ex-
cludes from computation of an officer’s years of service for 
purposes of this section any time identified with respect to 
that officer under that section. 
‘‘§ 20603. Enlisted members: voluntary retirement for 
length of service 
‘‘(a) TWENTY TO THIRTY YEARS.—Under regulations 
to be prescribed by the Secretary of the Air Force, an en-
listed member of the Space Force who has at least 20, but 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00922
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
923 
•HR 2670 RH1S 
less than 30, years of service computed under section 20604 
of this title may, upon the member’s request, be retired. 
‘‘(b) THIRTY YEARS OR MORE.—An enlisted member 
of the Space Force who has at least 30 years of service com-
puted under section 20604 of this title shall be retired upon 
the member’s request. 
‘‘§ 20604. Enlisted members: computation of years of 
service for voluntary retirement 
‘‘(a) YEARS OF ACTIVE SERVICE.—For the purpose of 
determining whether an enlisted member of the Space Force 
may be retired under section 20603 of this title, the mem-
ber’s years of service are computed by adding all active 
service in the armed forces. 
‘‘(b) REFERENCE TO SECTION EXCLUDING COUNTING 
OF CERTAIN SERVICE REQUIRED TO BE MADE UP.—Time 
required to be made up under section 972(a) of this title 
may not be counted in computing years of service under 
subsection (a). 
‘‘§ 20605. Applicability of other provisions of law re-
lating to retirement 
‘‘(a) APPLICABILITY
TO MEMBERS
OF
THE SPACE 
FORCE.—Except as specifically provided for by this chap-
ter, the provisions of this title specified in subsection (b) 
apply to members of the Space Force as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00923
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
924 
•HR 2670 RH1S 
‘‘(1) Provisions pertaining to an officer of the 
Air Force shall apply to an officer of the Space Force. 
‘‘(2) Provisions pertaining to an enlisted mem-
ber of the Air Force shall apply to an enlisted mem-
ber of the Space Force. 
‘‘(3) Provisions pertaining to a regular officer 
shall apply to an officer who is on sustained duty in 
the Space Force. 
‘‘(4) Provisions pertaining to a regular enlisted 
member shall apply to an enlisted member who is on 
sustained duty in the Space Force. 
‘‘(5) Provisions pertaining to a reserve officer 
shall apply to an officer who is in a space force active 
status but not on sustained duty. 
‘‘(6) Provisions pertaining to a reserve enlisted 
member shall apply to an enlisted member who is in 
a space force active status but not on sustained duty. 
‘‘(7) Provisions pertaining to service in a reg-
ular component shall apply to service on sustained 
duty. 
‘‘(8) Provisions pertaining to service in a reserve 
component shall apply to service in a space force ac-
tive status not on sustained duty. 
‘‘(9) Provisions pertaining to a member of the 
Ready Reserve shall apply to a member of the Space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00924
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
925 
•HR 2670 RH1S 
Force who is in a space force active status prior to 
being ordered to active duty. 
‘‘(10) Provisions pertaining to a member of the 
Retired Reserve shall apply to a member of the Space 
Force who has retired under chapter 1223 of this title. 
‘‘(b) PROVISIONS OF LAW.—The provisions of this title 
referred to in subsection (a) are the following: 
‘‘(1) Chapter 61, relating to retirement or sepa-
ration for physical disability. 
‘‘(2) Chapter 63, relating to retirement for age. 
‘‘(3) Chapter 69, relating to retired grade. 
‘‘(4) Chapter 71, relating to computation of re-
tired pay. 
‘‘(5) Chapter 941, relating to retirement from the 
Air Force for length of service. 
‘‘(6) Chapter 945, relating to computation of re-
tired pay. 
‘‘(7) Chapter 1223, relating to retired pay for 
non-regular service. 
‘‘(8) Chapter 1225, relating to retired grade.’’. 
(b) CONFORMING AMENDMENTS.—Title 10, United 
States Code, is amended as follows: 
(1) RETIRED
MEMBERS
ORDERED
TO
ACTIVE 
DUTY.—Section 688(b) is amended— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00925
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
926 
•HR 2670 RH1S 
(A) in paragraph (1), by striking ‘‘Regular 
Marine Corps, or Regular Space Force’’ and in-
serting ‘‘or Regular Marine Corps’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) A retired member of the Space Force.’’. 
(2) RETIRED GRADE.—Section 9341 is amend-
ed— 
(A) by striking ‘‘or the Space Force’’ both 
places it appears in subsection (a); 
(B) by striking ‘‘or a Regular or Reserve of 
the Space Force’’ in subsection (b); and 
(C) by adding at the end the following new 
subsection: 
‘‘(c) SPACE FORCE.—(1) The retired grade of a com-
missioned officer of the Space Force who retires other than 
for physical disability is determined under section 1370 or 
1370a of this title, as applicable to the officer. 
‘‘(2) Unless entitled to a higher retired grade under 
some other provision of law, a member of the Space Force 
not covered by paragraph (1) who retires other than for 
physical disability retires in the grade that the member 
holds on the date of the member’s retirement.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00926
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
927 
•HR 2670 RH1S 
(3) RETIRED
GRADE
OF
ENLISTED
MEMBERS 
AFTER 30 YEARS OF SERVICE.—Section 9344(b)(2) is 
amended by striking ‘‘Regular’’ before ‘‘Space Force’’. 
(4) RETIRED LISTS.—Section 9346 is amend-
ed— 
(A) in subsection (a), by striking ‘‘or the 
Regular Space Force’’ and inserting ‘‘and a sep-
arate retired list containing the name of each re-
tired commissioned officer of the Space Force 
(other than an officer whose name is on the list 
maintained under subsection (b)(2))’’; 
(B) in subsection (b)— 
(i) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(ii) by redesignating paragraphs (1) 
and (2) as subparagraphs (A) and (B), re-
spectively; 
(iii) in subparagraph (A), as so redes-
ignated, by striking ‘‘, or for commissioned 
officers of the Space Force other than of the 
Regular Space Force’’; 
(iv) in subparagraph (B), as so redes-
ignated, by striking ‘‘or the Space Force’’; 
and 
(v) by adding at the end the following 
new paragraph: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00927
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
928 
•HR 2670 RH1S 
‘‘(2) The Secretary shall maintain a retired list 
containing the name of— 
‘‘(A) each person entitled to retired pay who 
as a member of the Space Force qualified for re-
tirement under section 20601 of this title; and 
‘‘(B) each retired warrant officer or enlisted 
member of the Space Force who is advanced to 
a commissioned grade.’’; 
(C) in subsection (c), by striking ‘‘or the 
Space Force’’ and inserting ‘‘and a separate re-
tired list containing the name of each retired 
warrant officer of the Space Force’’; and 
(D) in subsection (d), by striking ‘‘or the 
Regular Space Force’’ and inserting ‘‘and a sep-
arate retired list containing the name of each re-
tired enlisted member of the Space Force’’. 
Subtitle 
B—Conforming 
Amend-
ments Related to Space Force 
Military Personnel System 
SEC. 1731. AMENDMENTS TO DEPARTMENT OF THE AIR 
FORCE PROVISIONS OF TITLE 10, UNITED 
STATES CODE. 
(a) PROVISIONS RELATING TO PERSONNEL.—Part II 
of subtitle D of title 10, United States Code, is amended 
as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00928
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
929 
•HR 2670 RH1S 
(1) GENDER-FREE BASIS FOR ACCEPTANCE OF 
ORIGINAL ENLISTMENTS.— 
(A) Section 9132 by striking ‘‘Regular’’ be-
fore ‘‘Space Force’’. 
(B) The heading of such section is amended 
by striking the fifth word. 
(2) REENLISTMENT AFTER SERVICE AS AN OFFI-
CER.— 
(A) Section 9138(a) is amended by striking 
‘‘Regular’’ before ‘‘Space Force’’ both places it 
appears. 
(B) The heading of section 9138 is amended 
by striking the fifth word. 
(3) WARRANT
OFFICERS: ORIGINAL
APPOINT-
MENT; QUALIFICATIONS.—Section 9160 is amended by 
striking ‘‘Regular’’ before ‘‘Space Force’’. 
(4) SERVICE AS AN OFFICER TO BE COUNTED AS 
ENLISTED
SERVICE.—Section 9252 is amended by 
striking ‘‘Regular’’ before ‘‘Space Force’’. 
(5) CHAPTER HEADING.— 
(A) The heading of chapter 915 is amended 
to read as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00929
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
930 
•HR 2670 RH1S 
‘‘CHAPTER 915—APPOINTMENTS IN THE 
REGULAR AIR FORCE AND IN THE 
SPACE FORCE’’. 
(B) The tables of chapters at the beginning 
of subtitle D, and at the beginning of part II of 
subtitle D of such title, are each amended by 
striking the item relating to chapter 915 and in-
serting the following new item: 
‘‘915. Appointments in the Regular Air Force and in the Space Force 9151’’. 
(b) PROVISIONS
RELATING
TO
TRAINING
GEN-
ERALLY.—Section 9401 of such title is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘or the Regular Space 
Force’’ after ‘‘Regular Air Force’’; and 
(B) by inserting ‘‘or one of the Space Force 
in a space force active status not on sustained 
duty,’’ after ‘‘on the active-duty list,’’; 
(2) in subsection (c)— 
(A) by striking ‘‘or Reserve of the Space 
Force’’ and inserting ‘‘or member of the Space 
Force in a space force active status not on sus-
tained duty’’; and 
(B) by striking ‘‘the Reserve’s consent’’ and 
inserting ‘‘the member’s consent’’; and 
(3) in subsection (f)— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00930
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
931 
•HR 2670 RH1S 
(A) by striking ‘‘the Regular Space Force’’ 
and inserting ‘‘of Space Force members on sus-
tained duty’’; and 
(B) by striking ‘‘the Space Force Reserve’’ 
and inserting ‘‘of Space Force members in an 
active status not on sustained duty’’. 
(c) PROVISIONS RELATING TO THE AIR FORCE ACAD-
EMY.—Chapter 953 of such title is amended as follows: 
(1) PERMANENT PROFESSORS; DIRECTOR OF AD-
MISSIONS.—Section 9436 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘the equivalent grade 
in’’ both places it appears; 
(ii) by inserting ‘‘or the Space Force’’ 
after ‘‘Regular Air Force’’ the first place it 
appears; 
(iii) by striking ‘‘and a permanent’’ 
and all that follows through ‘‘in the Regular 
Air Force’’; and 
(B) in subsection (b)— 
(i) by striking ‘‘the equivalent grade 
in’’ both places it appears and inserting 
‘‘the grade of lieutenant colonel in’’; and 
(ii) by striking ‘‘Regular Space Force 
has the grade equivalent to the grade of 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00931
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
932 
•HR 2670 RH1S 
colonel in the Regular Air Force’’ and in-
serting ‘‘Space Force has the grade of colo-
nel in the Space Force’’. 
(2) APPOINTMENT OF CADETS.—Section 9442(b) 
is amended— 
(A) in paragraph (1)(C), by inserting ‘‘, or 
the Space Force,’’ after ‘‘members of reserve com-
ponents’’; and 
(B) in paragraph (2), by striking ‘‘Reg-
ular’’ before ‘‘Space Force’’. 
(3) AGREEMENT OF CADETS TO SERVE AS OFFI-
CERS.—Section 9448(a) is amended— 
(A) in paragraph (2)(A), by striking ‘‘Reg-
ular’’ before ‘‘Space Force’’; and 
(B) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, or to terminate 
the officer’s order to sustained duty in the 
Space Force’’ after ‘‘resign as a regular offi-
cer’’; 
(ii) in subparagraph (A), by striking 
‘‘or as a Reserve in the Space Force for 
service in the Space Force Reserve’’ and in-
serting ‘‘or will accept further assignment 
in a space force active status’’; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00932
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
933 
•HR 2670 RH1S 
(iii) in subparagraph (B), by inserting 
‘‘, or the Space Force,’’ after ‘‘that reserve 
component’’. 
(4) HAZING.—Section 9452(c) is amended by 
striking ‘‘Marine Corps, or Space Force,’’ and insert-
ing, ‘‘or Marine Corps, or in the Space Force,’’. 
(5) COMMISSION
UPON
GRADUATION.—Section 
9453(b) is amended— 
(A) by striking ‘‘or in the equivalent grade 
in the Regular Space Force’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘or a second lieutenant in the Space 
Force under section 531 or 20201 of this title’’. 
(d) 
PROVISIONS
RELATING
TO
SCHOOLS
AND 
CAMPS.—Chapter 957 of such title is amended as follows: 
(1) PURPOSE.—Section 9481 is amended— 
(A) by striking ‘‘to qualify them for ap-
pointment’’ and inserting ‘‘to qualify them for— 
‘‘(1) appointment’’; 
(B) by striking ‘‘or the Space Force Re-
serve.’’ and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00933
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
934 
•HR 2670 RH1S 
‘‘(2) appointment as officers, or enlistment as 
noncommissioned officers, for service in the Space 
Force in a space force active status.’’. 
(2) OPERATION.—Section 9482(4) is amended by 
striking ‘‘or the Regular Space Force’’ and inserting 
‘‘or members of the Space Force in an active status’’. 
SEC. 1732. 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.—Sec-
tion 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
NA-
TIONAL 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)’’; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00934
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
935 
•HR 2670 RH1S 
(B) by striking ‘‘shall be a’’ and all that fol-
lows 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 sus-
tained duty and who is eligible for pro-
motion 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 com-
mander of the combatant command described in 
that subparagraph is (i) a reserve component of-
ficer, or (ii) an officer of the Space Force whose 
prior service includes service in a space force ac-
tive status other than sustained duty.’’. 
(4) READINESS
REPORTS.—Section 482(a) is 
amended by inserting ‘‘and the Space Force’’ after 
‘‘active and reserve components’’ in paragraphs (1) 
and (2). 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00935
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
936 
•HR 2670 RH1S 
(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 sub-
sections (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 PRO-
MOTION: 
TIME-IN-GRADE
AND
OTHER
REQUIRE-
MENTS.—Section 619(a) is amended by striking ‘‘Ma-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00936
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
937 
•HR 2670 RH1S 
rine 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— 
(A) by striking ‘‘Marine Corps, or Space 
Force’’ and inserting ‘‘or Marine Corps’’; and 
(B) 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.’’. 
(5) ACCEPTANCE OF PROMOTIONS; OATH OF OF-
FICE.—Subsections (a) and (b) of section 626 are 
amended by striking ‘‘section 624’’ and inserting 
‘‘section 624 or 20251’’. 
(6) SPECIAL SELECTION REVIEW BOARD.—Sec-
tion 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: ‘‘However, in the 
case of an officer on the space force officer list, 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00937
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
938 
•HR 2670 RH1S 
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 
(C) in subsection (f)(1), by adding at the 
end the following new sentence: ‘‘However, if the 
report of a special selection review board con-
vened 
under 
this 
section 
recommends 
the 
sustainment of the recommendation for pro-
motion 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 accord-
ance with subsections (b) and (c) of section 
20251 of this title.’’. 
(7) REMOVAL
FROM
LIST
OF
OFFICERS
REC-
OMMENDED FOR PROMOTION.—Section 629 is amend-
ed— 
(A) in subsection (b), by inserting ‘‘or 
20251(c)’’ after ‘‘section 624(c)’’; and 
(B) in subsections (c)(1) and (c)(4)— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00938
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
939 
•HR 2670 RH1S 
(i) by inserting ‘‘or 20251(a)’’ after 
‘‘section 624(a)’’; and 
(ii) by inserting ‘‘or 20251(c)’’ after 
‘‘section 624(c)’’. 
(8) RETIREMENT FOR YEARS OF SERVICE.— 
(A) 
LIEUTENANT
COLONELS.—Section 
633(a) is amended— 
(i) by inserting ‘‘(1)’’ before ‘‘Except 
as’’; 
(ii) by striking ‘‘Regular Marine 
Corps, or Regular Space Force’’ and insert-
ing ‘‘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 commis-
sioned service.’’. 
(B) COLONELS.—Section 634(a) is amend-
ed— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00939
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
940 
•HR 2670 RH1S 
(i) by inserting ‘‘(1)’’ before ‘‘Except 
as’’; 
(ii) by striking ‘‘Regular Marine 
Corps, or Regular Space Force’’ and insert-
ing ‘‘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 offi-
cers recommended for promotion to the grade of briga-
dier 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 insert-
ing ‘‘or Regular Marine Corps’’; and 
(iii) by adding at the end the following 
new subsection: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00940
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
941 
•HR 2670 RH1S 
‘‘(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 spec-
ified in subsection (a).’’. 
(D) OFFICERS
IN
GRADES
ABOVE
BRIGA-
DIER GENERAL.—Section 636(a) is amended— 
(i) by inserting ‘‘(1)’’ before ‘‘Except 
as’’; 
(ii) by striking ‘‘Regular Marine 
Corps, or Regular Space Force’’ and insert-
ing ‘‘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 colo-
nels and’’ and inserting ‘‘and Space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00941
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
942 
•HR 2670 RH1S 
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 gen-
erals 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’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00942
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
943 
•HR 2670 RH1S 
(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 para-
graph (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 RETEN-
TION OF MEMBERS.—Section 710 is amended— 
(A) in subsection (a), by inserting ‘‘or of the 
Space Force’’ after ‘‘regular components’’; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00943
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
944 
•HR 2670 RH1S 
(B) in subsection (b)(2), by inserting ‘‘, or 
a Space Force officer in a space force active sta-
tus 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 of the Space Force on sus-
tained 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.—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 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00944
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
945 
•HR 2670 RH1S 
duty under section 20105 of this title,’’ after 
‘‘regular component of the armed forces,’’; 
(ii) in paragraph (3)(A)(i), by insert-
ing ‘‘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 compo-
nent’’; and 
(iii) in paragraph (4), by inserting 
‘‘or the Space Force’’ after ‘‘in a regular 
component of the armed forces’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00945
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
946 
•HR 2670 RH1S 
(2) 
JURISDICTION
TO
TRY
CERTAIN
PER-
SONNEL.—Subsection (d) of section 803 (article 3) is 
amended by inserting, ‘‘or the Space Force’’ after ‘‘re-
serve 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 sub-
paragraph (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 sub-
paragraph (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 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00946
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
947 
•HR 2670 RH1S 
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 FUNC-
TIONS BY OFFICERS ON ACTIVE DUTY.—Section 973(b)(1) 
of such title 10 is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(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)— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00947
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
948 
•HR 2670 RH1S 
(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 para-
graph (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 para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting a semicolon; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00948
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
949 
•HR 2670 RH1S 
(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 involun-
tarily 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 condi-
tions, as characterized by the Secretary of the 
Air Force.’’. 
(2) SEPARATION
PAY.—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 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00949
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
950 
•HR 2670 RH1S 
(B) in subsection (b)— 
(i) in paragraph (1)(C), by striking 
‘‘section 628 or 14502’’ and inserting ‘‘sec-
tion 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 strik-
ing ‘‘or 14101(a)’’ and inserting ‘‘14101(a), 
or 20211’’. 
(2) TITLE OF AIR FORCE SERVICE REVIEW AGEN-
CY.— 
(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 insert-
ing ‘‘the Department of’’ after ‘‘the Army Review 
Boards Agency,’’. 
(C) Section 1559(c)(3) is amended by in-
serting ‘‘the Department of the’’ after ‘‘Air 
Force,’’. 
(k) MILITARY FAMILY PROGRAMS.—Chapter 88 of such 
title is amended as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00950
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
951 
•HR 2670 RH1S 
(1) MEMBERS
OF
DEPARTMENT
OF
DEFENSE 
MILITARY
READINESS
COUNCIL.—Section 
1781a(b)(1)(B)(iii) is amended— 
(A) by striking ‘‘member and’’ and insert-
ing ‘‘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 ‘‘mili-
tary families of members of the regular compo-
nents and military families of members of the re-
serve components’’ and inserting ‘‘military fami-
lies of members of the regular components, the re-
serve 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 fami-
lies of members of the regular components, 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00951
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
952 
•HR 2670 RH1S 
members of the reserve components, and 
members of the Space Force’’. 
(l) TRAINING AND EDUCATION PROGRAMS.— 
(1) PAYMENT OF TUITION FOR OFF-DUTY TRAIN-
ING OR EDUCATION.—Section 2007 of such title is 
amended by adding at the end the following new sub-
section: 
‘‘(g) The provisions of this section pertaining to mem-
bers of the Ready Reserve, the Selected Reserve, or the Indi-
vidual 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.—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) Provi-
sions of this section referring to a regular commission, reg-
ular officer, or a commission in a regular component shall 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00952
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
953 
•HR 2670 RH1S 
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 commis-
sion of an officer, or an officer, who is a commissioned offi-
cer in the Space Force not serving on active duty pursuant 
to section 20105(b) of this title.’’. 
(3) DUTY
AS
ROTC
ADMINISTRATORS
AND
IN-
STRUCTORS.—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 re-
serve members of the Air Force.’’. 
SEC. 1733. TITLE 38, UNITED STATES CODE (VETERANS’ 
BENEFITS). 
(a) DEFINITIONS.— 
(1) GENERAL DEFINITIONS.—Section 101 of title 
38, United States Code, is amended— 
(A) in paragraph (23), by inserting ‘‘, or 
for members of the Space Force in a space force 
active status (as defined in section 101(e)(1) of 
title 10),’’ in subparagraphs (A) and (B) after 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00953
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
954 
•HR 2670 RH1S 
‘‘(including commissioned officers of the Reserve 
Corps of the Public Health Service)’’; and 
(B) in paragraph (27)— 
(i) by striking subparagraph (E); and 
(ii) by redesignating subparagraphs 
(F), (G), and (H) as subparagraphs (E), 
(F), and (G), respectively. 
(2) DEFINITIONS FOR PURPOSES OF SGLI.—Sec-
tion 1965 of such title is amended— 
(A) in paragraph (2)(A), by inserting ‘‘, or 
by members of the Space Force in a space force 
active status (as defined in section 101(e)(1) of 
title 10) but not on sustained duty under section 
20105 of title 10,’’ after ‘‘for Reserves’’; and 
(B) in paragraph (3)(A), by inserting ‘‘, or 
for members of the Space Force in a space force 
active status (as defined in section 101(e)(1) of 
title 10),’’ after ‘‘(including commissioned offi-
cers of the Reserve Corps of the Public Health 
Service)’’. 
(b) PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL 
CEMETERIES.—Section 2402(a) of such title is amended in 
paragraph (2), by inserting ‘‘ any member of the Space 
Force,’’ after ‘‘a Reserve component of the Armed Forces,’’. 
(c) EDUCATIONAL ASSISTANCE.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00954
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
955 
•HR 2670 RH1S 
(1) 
MONTGOMERY
GI
BILL.—Section 
3011(a)(3)(D) of such title is amended by inserting 
‘‘or for further service in the Space Force in a space 
force active status not on sustained duty under sec-
tion 20105 of title 10’’ after ‘‘of the Armed Forces,’’. 
(2) POST 9-11 GI BILL.—Section 3311(c)(3) of 
such title is amended by inserting ‘‘, or for further 
service in the Space Force in a space force active sta-
tus not on sustained duty under section 20105 of title 
10,’’ after ‘‘of the Armed Forces’’ the second place it 
appears. 
Subtitle C—Transition Provisions 
SEC. 1741. TRANSITION PERIOD. 
In this subtitle, 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. 
SEC. 1742. CHANGE OF DUTY STATUS OF MEMBERS OF THE 
SPACE FORCE. 
(a) CHANGE OF DUTY STATUS.— 
(1) CONVERSION OF STATUS AND ORDER TO SUS-
TAINED
DUTY.—During the transition period, the 
Secretary of the Air Force shall change the duty sta-
tus of each member of the Regular Space Force to 
space force active status and shall, at the same time, 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00955
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
956 
•HR 2670 RH1S 
order the member to sustained duty under section 
20105 of title 10, United States Code, as added by 
section 1715. Any such order may be made without 
regard to any otherwise applicable requirement that 
such an order be made only with the consent of the 
member or as specified in an enlistment agreement or 
active-duty service commitment. 
(2) DEFINITIONS.—For purposes of this section, 
the terms ‘‘space force active status’’ and ‘‘sustained 
duty’’ have the meanings given those terms by sub-
section (e) of section 101 of title 10, United States 
Code, as added by section 1713(a). 
(b) EFFECTIVE DATE OF CHANGE OF DUTY STATUS.— 
The change of a member’s duty status and order to sus-
tained duty in accordance with subsection (a) shall be effec-
tive on the date specified by the Secretary of the Air Force, 
but not later than the last day of the transition period. 
SEC. 1743. TRANSFER TO THE SPACE FORCE OF MEMBERS 
OF THE AIR FORCE RESERVE. 
(a) TRANSFER OF MEMBERS OF THE AIR FORCE RE-
SERVE.— 
(1) OFFICERS.—During the transition period, 
the Secretary of Defense may, with the officer’s con-
sent, transfer a covered officer of the Air Force Re-
serve to, and appoint the officer in, the Space Force. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00956
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
957 
•HR 2670 RH1S 
(2) ENLISTED MEMBERS.—During the transition 
period, the Secretary of the Air Force may transfer 
each covered enlisted member of the Air Force Reserve 
to the Space Force, other than those members who do 
not consent to the transfer. 
(3) EFFECTIVE
DATE
OF
TRANSFERS.—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. 
(b) REGULATIONS.—Transfers under subsection (a) 
shall be carried out under regulations prescribed by the Sec-
retary of Defense. In the case of an officer, applicable regu-
lations shall include those prescribed pursuant to section 
716 of title 10, United States Code. 
(c) TERM
OF
INITIAL
ENLISTMENT
IN
SPACE 
FORCE.—In the case of a covered enlisted member who is 
transferred to the Space Force in accordance with sub-
section (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 enlist-
ment in the Space Force is not less than the period remain-
ing, as of the date of the transfer, in the member’s term 
of enlistment in the Air Force Reserve. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00957
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
958 
•HR 2670 RH1S 
(d) END STRENGTH ADJUSTMENTS UPON TRANSFERS 
FROM AIR FORCE RESERVE TO SPACE FORCE.—During 
the transition period, upon the transfer of a mission of the 
Air Force Reserve to the Space Force— 
(1) 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 
(2) the end strength authorized for the Air Force 
Reserve pursuant to section 115(a)(2) of such title for 
such fiscal year shall be decreased by the same num-
ber. 
(e) ADMINISTRATIVE PROVISIONS.—For purposes of 
the transfer of covered members of the Air Force Reserve 
in accordance with subsection (a)— 
(1) the Air Force Reserve and the Space Force 
shall be considered to be components of the same 
Armed Force; and 
(2) the space force officer list shall be considered 
to be an active-duty list of an Armed Force. 
(f) RETRAINING AND REASSIGNMENT FOR MEMBERS 
NOT TRANSFERRING.—If a covered member of the Air Force 
Reserve does not consent to transfer to the Space Force in 
accordance with subsection (a), the Secretary of the Air 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00958
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
959 
•HR 2670 RH1S 
Force may, as determined appropriate by the Secretary in 
the case of the individual member, provide the member re-
training and reassignment within the Air Force Reserve. 
(g) COVERED MEMBERS.—For purposes of this section, 
the term ‘‘covered’’, with respect to a member of the Air 
Force Reserve, means— 
(1) 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 
(2) any other member designated by the Sec-
retary of the Air Force for the purposes of this sec-
tion. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00959
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
960 
•HR 2670 RH1S 
SEC. 1744. PLACEMENT OF OFFICERS ON THE SPACE FORCE 
OFFICER LIST. 
(a) PLACEMENT ON LIST.—Officers of the Space Force 
whose duty status is changed in accordance with section 
1742, and officers of the Air Force Reserve who transfer 
to the Space Force in accordance with section 1743, shall 
be placed on the Space Force officer list in an order deter-
mined by their respective grades and dates of rank. 
(b) OFFICERS OF SAME GRADE AND DATE OF RANK.— 
Among officers of the same grade and date of rank, place-
ment on the Space Force officer list shall be in the order 
of their rank as determined in accordance with section 
741(c) of title 10, United States Code. 
SEC. 1745. DISESTABLISHMENT OF REGULAR SPACE FORCE. 
(a) DISESTABLISHMENT.—The Secretary of the Air 
Force shall disestablish the Regular Space Force not later 
than the end of the transition period, once there are no 
longer any members remaining in the Regular Space Force. 
The Regular Space Force shall be disestablished upon the 
completion of the change of duty status of all members of 
the Space Force pursuant to section 1742 and certification 
by the Secretary of the Air Force to the congressional de-
fense committees that there are no longer any members of 
the Regular Space Force. 
(b) PUBLICATION
OF NOTICE
IN FEDERAL REG-
ISTER.—The Secretary shall publish in the Federal Register 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00960
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
961 
•HR 2670 RH1S 
notice of the disestablishment of the Regular Space Force, 
including the date thereof, together with any certification 
submitted pursuant to subsection (a). 
(c) CONFORMING REPEAL.— 
(1) REPEAL.—Section 9085 of title 10, United 
States Code, relating to the composition of the Reg-
ular Space Force, is repealed. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall take effect on the date on which 
the certification is submitted under subsection (a). 
SEC. 1746. END STRENGTH FLEXIBILITY. 
(a) 
ADDITIONAL
AUTHORITY
TO
VARY
END 
STRENGTHS.— 
(1) 
AUTHORITY.—Notwithstanding 
section 
115(g) of title 10, United States Code, upon deter-
mination by the Secretary of the Air Force that such 
action would enhance manning and readiness in es-
sential units or in critical specialties, the Secretary 
may vary the end strength authorized by Congress for 
a fiscal year as follows: 
(A) Increase the end strength authorized 
pursuant to section 115(a)(1)(A) of such title for 
a fiscal year for the Space Force by a number 
equal to not more than 5 percent of such author-
ized end strength. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00961
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
962 
•HR 2670 RH1S 
(B) Decrease the end strength authorized 
pursuant to section 115(a)(1)(A) of such title for 
a fiscal year for the Space Force by a number 
equal to not more than 10 percent of such au-
thorized end strength. 
(2) 
TERMINATION.—The 
authority 
provided 
under paragraph (1) shall terminate on the last day 
of the transition period. 
(b) TEMPORARY EXEMPTION FOR THE SPACE FORCE 
FROM END STRENGTH GRADE RESTRICTIONS.—Sections 
517 and 523 of title 10, United States Code, shall not apply 
to the Space Force during the transition period. 
SEC. 1747. PROMOTION AUTHORITY FLEXIBILITY. 
(a) PROMOTION AUTHORITY FLEXIBILITY.—During 
the transition period, the Secretary of the Air Force may 
convene selection boards to consider officers on the space 
force officer list for promotion, and may promote Space 
Force officers selected by such boards, in accordance with 
any of the following provisions of title 10, United States 
Code: 
(1) Chapter 36. 
(2) Part III of subtitle E. 
(3) Chapter 2005, as added by section 1716. 
(b) COORDINATION OF PROVISIONS.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00962
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
963 
•HR 2670 RH1S 
(1) For a selection board convened pursuant to 
subsection (a) to consider members of the Space Force 
for promotion in accordance with chapter 36 of such 
title— 
(A) provisions that apply to an officer of a 
regular component of the Armed Forces shall 
apply to an officer of the Space Force; and 
(B) the space force officer list shall be con-
sidered to be an active-duty list. 
(2) For a selection board convened pursuant to 
pursuant to subsection (a) to consider members of the 
Space Force for promotion in accordance with part 
III of subtitle E of such title— 
(A) provisions that apply to an officer of a 
reserve component of the Armed Forces shall 
apply to an officer of the Space Force; and 
(B) the space force officer list shall be con-
sidered to be a reserve active-status list. 
(3) For a selection board convened pursuant to 
subsection (a) to consider members of the Space Force 
for promotion in accordance with either chapter 36 or 
part III of subtitle E of such title— 
(A) section 20213 of such title shall apply 
to the composition of the selection board; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00963
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
964 
•HR 2670 RH1S 
(B) the provisions of chapter 2005 of such 
title regarding officers on the space force officer 
list eligible to be considered for promotion to the 
grade of brigadier general or major general shall 
apply; 
(C) section 20216 of such title shall apply; 
and 
(D) the provisions of chapter 36 or part III 
of subtitle E of such title, as the case may be, re-
garding failure of selection for promotion shall 
apply. 
(c) EFFECT OF USING NEW CHAPTER 2005 AUTHORI-
TIES.—If the Secretary of the Air Force convenes a selection 
board under chapter 2005 of title 10, United States Code, 
as added by section 1716, to consider officers on the space 
force officer list in a particular grade and competitive cat-
egory for selection for promotion to the next higher grade, 
the Secretary may not convene a future selection board pur-
suant to subsection (a) to consider officers of the same grade 
and competitive category under chapter 36 or part III of 
subtitle E of such title. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00964
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
965 
•HR 2670 RH1S 
Subtitle D—Other Amendments 
Related to the Space Force 
SEC. 1751. TITLE 10, UNITED STATES CODE. 
(a) AMENDMENTS RELATING TO THE DESIGNATION OF 
GRADES FOR OFFICERS OF THE SPACE FORCE.—Title 10, 
United States Code, is amended as follows: 
(1) COMMISSIONED OFFICER GRADES.—Section 
9151 is amended by inserting ‘‘and in the Space 
Force’’ after ‘‘in the Regular Air Force’’. 
(2) RANK.—Section 741(a) is amended in the 
table by striking ‘‘and Marine Corps’’ and inserting 
‘‘Marine Corps, and Space Force’’. 
(3) DEFINITION OF GENERAL OFFICER.—Section 
101(b)(4) is amended by striking ‘‘or Marine Corps’’ 
and inserting ‘‘Marine Corps, or Space Force’’. 
(4) TEMPORARY
APPOINTMENTS
TO
POSITIONS 
DESIGNATED TO CARRY THE GRADE OF GENERAL OR 
LIEUTENANT GENERAL.—Section 601(e) is amended— 
(A) by striking ‘‘or Marine Corps,’’ and in-
serting ‘‘Marine Corps, or Space Force or’’; and 
(B) by striking ‘‘or the commensurate 
grades in the Space Force,’’. 
(5) RETIRED
GRADE
OF
OFFICERS.—Section 
1370 is amended as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00965
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
966 
•HR 2670 RH1S 
(A) Subsection (a)(2) is amended by strik-
ing ‘‘major general’’ and all that follows in sub-
paragraphs (A) and (B) and inserting ‘‘major 
general or rear admiral.’’. 
(B) Subsection (b) is amended— 
(i) in paragraph (1)— 
(I) by striking ‘‘or Marine Corps’’ 
and all that follows through ‘‘the Space 
Force,’’ and inserting ‘‘Marine Corps, 
or, Space Force or lieutenant in the 
Navy,’’; and 
(II) in subparagraph (B), by 
striking ‘‘major general’’ and all that 
follow through ‘‘Space Force’’ and in-
serting ‘‘major general or rear admi-
ral’’; 
(ii) in paragraph (4), by striking ‘‘or 
Marine Corps’’ and all that follows through 
‘‘Space Force,’’ and inserting ‘‘Marine 
Corps, or Space Force or captain in the 
Navy,’’; 
(iii) in paragraph (5)— 
(I) in subparagraph (A), by strik-
ing ‘‘or Marine Corps’’ and all that 
follows through ‘‘Space Force,’’ and in-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00966
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
967 
•HR 2670 RH1S 
serting ‘‘Marine Corps, or Space Force 
or 
lieutenant 
commander 
in 
the 
Navy,’’; 
(II) in subparagraph (B), by 
striking ‘‘or Marine Corps’’ and all 
that follows through ‘‘Space Force,’’ 
and inserting ‘‘Marine Corps, or Space 
Force or commander or captain in the 
Navy,’’; and 
(III) in subparagraph (C), by 
striking ‘‘or Marine Corps’’ and all 
that follows through ‘‘Space Force,’’ 
and inserting ‘‘Marine Corps, or Space 
Force or rear admiral (lower half) or 
rear admiral in the Navy,’’; and 
(iv) in paragraph (6), by striking ‘‘, or 
an equivalent grade in the Space Force,’’. 
(C) Subsection (c)(1) is amended by ‘‘or 
Marine Corps’’ and all that follows through 
‘‘Space Force’’ and inserting ‘‘Marine Corps, or 
Space Force or vice admiral or admiral in the 
Navy’’. 
(D) Subsection (d) is amended— 
(i) in paragraph (1), by striking ‘‘or 
Marine Corps’’ and all that follows through 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00967
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
968 
•HR 2670 RH1S 
‘‘Space Force’’ and inserting ‘‘Marine 
Corps, or Space Force or rear admiral in 
the Navy’’; and 
(ii) in paragraph (3), by striking ‘‘or 
Marine Corps’’ and all that follows through 
‘‘Space Force,’’ and inserting ‘‘Marine 
Corps, or Space Force or captain in the 
Navy,’’. 
(E) Subsection (e)(2) is amended by strik-
ing ‘‘or Marine Corps’’ and all that follows 
through ‘‘Space Force,’’ and inserting ‘‘Marine 
Corps, or Space Force or vice admiral or admi-
ral in the Navy,’’. 
(F) Subsection (f) is amended— 
(i) in paragraph (3)— 
(I) in subparagraph (A), by strik-
ing ‘‘or Marine Corps’’ and all that 
follows through ‘‘Space Force,’’ and in-
serting ‘‘Marine Corps, or Space Force 
or rear admiral in the Navy’’; and 
(II) in subparagraph (B), by 
striking ‘‘ ‘or Marine Corps’ and all 
that follows through ‘Space Force’ and 
inserting ″Marine Corps, or Space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00968
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
969 
•HR 2670 RH1S 
Force or vice admiral or admiral in 
the Navy’’; and 
(ii) in paragraph (6)— 
(I) in subparagraph (A), by strik-
ing ‘‘or Marine Corps’’ and all that 
follows through ‘‘Space Force,’’ and in-
serting ‘‘Marine Corps, or Space Force 
or rear admiral in the Navy’’; and 
(II) in subparagraph (B), by 
striking ‘‘or Marine Corps’’ and all 
that follows through ‘‘Space Force,’’ 
and inserting ‘‘Marine Corps, or Space 
Force or vice admiral or admiral in 
the Navy’’. 
(6) 
HONORARY
PROMOTIONS.—Sections 
1563(c)(1) and 1563a(a)(1) are each amended— 
(A) by striking ‘‘general,’’ and inserting 
‘‘general or’’; and 
(B) by striking ‘‘, or an equivalent grade in 
the Space Force’’. 
(7) AIR FORCE INSPECTOR GENERAL.—Section 
9020(a) is amended by striking ‘‘the general, flag, or 
equivalent officers of’’. 
(b) OTHER TITLE 10 AMENDMENTS.—Such title is fur-
ther amended as follows: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00969
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
970 
•HR 2670 RH1S 
(1) LIMITATION ON NUMBER OF RETIRED MEM-
BERS ORDERED TO ACTIVE DUTY.—Section 690(a) is 
amended by striking ‘‘or Marine Corps,’’ and insert-
ing ‘‘Marine Corps, or Space Force,’’. 
(2) THE UNIFORM.—Section 772(i) is amend-
ed— 
(A) by striking ‘‘an Air Force School’’ and 
inserting ‘‘an Air Force or Space Force school’’; 
and 
(B) by striking ‘‘aviation badges of the Air 
Force’’ and inserting ‘‘aviation or space badges 
of the Air Force or Space Force’’. 
(3) MEMBERSHIP IN MILITARY UNIONS, ORGA-
NIZING OF MILITARY UNIONS, AND RECOGNITION OF 
MILITARY
UNIONS
PROHIBITED.—Section 976(a) is 
amended by inserting ‘‘or the Space Force’’ in para-
graph (1)(C) after ‘‘member of a Reserve component’’. 
(4) LIMITATION ON ENLISTED AIDES.—Section 
981 is amended— 
(A) in subsection (a), by striking ‘‘Marine 
Corps, Air Force,’’ and inserting ‘‘Air Force, 
Marine Corps, Space Force,’’; 
(B) in subsection (b), by striking ‘‘and Ma-
rine Corps’’ and inserting ‘‘Marine Corps, and 
Space Force’’; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00970
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
971 
•HR 2670 RH1S 
(C) in subsection (c)(1), by inserting 
‘‘Space Force,’’ after ‘‘Marine Corps,’’. 
(5) DEFINITION OF VETERAN FOR PURPOSES OF 
FUNERAL HONORS.—Section 1491(h)(1) is amended 
by striking ‘‘or air service’’ and inserting ‘‘air, or 
space service’’. 
(6) HOUSING FOR RECRUITS.—Section 9419(d) 
is amended by inserting ‘‘or the Space Force’’ after 
‘‘training program of the Air Force’’. 
(7) CHARTER
OF
CHIEF
OF
SPACE
OPER-
ATIONS.—Section 9082 is amended as follows: 
(A) CROSS-REFERENCE CORRECTION.—Sub-
section (d)(5) is amended by striking ‘‘sections’’ 
and all that follows through ‘‘of law’’ and insert-
ing ‘‘sections 171 and 3104 of this title and other 
provisions of law’’. 
(B) ELAPSED-TIME PROVISION.—Subsection 
(e)(1) is amended by striking ‘‘Commencing’’ 
and all that follows through ‘‘the Chief’’ and in-
serting ‘‘The Chief’’. 
SEC. 1752. OTHER PROVISIONS OF LAW. 
(a) TRADE ACT OF 1974.—Section 233(i)(1) of the 
Trade Act of 1974 (19 U.S.C. 2293(i)(1)) is amended by 
inserting ‘‘, or a member of the Space Force,’’ after ‘‘a mem-
ber of a reserve component of the Armed Forces’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00971
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
972 
•HR 2670 RH1S 
(b) TITLE 28, UNITED STATES CODE (JUDICIARY AND 
JUDICIAL PROCEDURE).—Section 631(c) of title 28, United 
States Code is amended by inserting ‘‘members of the Space 
Force’’ after ‘‘Coast Guard’’ the second place it appears. 
(c) SERVICEMEMBERS
CIVIL
RELIEF
ACT.—The 
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) 
is amended as follows: 
(1) 
MILITARY
SERVICE
DEFINED.—Section 
101(2)(A) (50 U.S.C. 3911(2)(A)) is amended by in-
serting ‘‘Space Force,’’ after ‘‘Marine Corps,’’. 
(2) SAME
RIGHTS
AND
PROTECTIONS
AS
RE-
SERVES ORDERED TO REPORT FOR MILITARY SERV-
ICE.—Section 106 (50 U.S.C. 3911) is amended by 
adding at the end the following new subsection: 
‘‘(c) The provisions of subsection (a) apply to a mem-
ber of the Space Force who is ordered to report for military 
service in the same manner as to a member of a reserve 
component who is ordered to report for military service.’’. 
(3) EXERCISE OF RIGHTS UNDER SCRA.—Section 
108(5) (50 U.S.C. 3919(5)) is amended by inserting 
before the period at the end the following: ‘‘or as a 
member of the Space Force’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00972
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
973 
•HR 2670 RH1S 
TITLE XVIII—OTHER DEFENSE 
MATTERS 
Subtitle A—Miscellaneous 
Authorities and Limitations 
SEC. 1801. EXTENSION OF AUTHORITY TO ENGAGE IN CER-
TAIN COMMERCIAL ACTIVITIES. 
Section 431(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2023’’ and inserting 
‘‘December 31, 2024’’. 
SEC. 1802. MODIFICATION OF DEFENSE SENSITIVE SUP-
PORT NOTIFICATION REQUIREMENT. 
Section 1055(b)(3) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 10 
U.S.C. 113 note) is amended— 
(1) in the paragraph heading, by inserting ‘‘AND 
EXTRAORDINARY SECURITY PROTECTIONS’’ after ‘‘SUP-
PORT’’; 
(2) in the matter preceding subparagraph (A), 
by inserting ‘‘or requires extraordinary security pro-
tections’’ after ‘‘time-sensitive’’; and 
(3) in subparagraph (B), by inserting ‘‘or after 
the activity supported concludes’’ after ‘‘support’’ both 
places it appears. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00973
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
974 
•HR 2670 RH1S 
SEC. 1803. MODIFICATION TO REQUIREMENTS RELATING 
TO COMBATING MILITARY RELIANCE ON RUS-
SIAN ENERGY. 
Section 1086 of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 (Public Law 117– 
263) is amended— 
(1) by striking ‘‘main operating base’’ each place 
it appears and inserting ‘‘operating base’’; 
(2) in subsection (a)(2), by striking ‘‘main oper-
ating bases’’ and inserting ‘‘operating bases’’; and 
(3) by striking subsection (c) and inserting the 
following new subsection (c): 
‘‘(c) INSTALLATION ENERGY PLANS.— 
‘‘(1) IDENTIFICATION
OF
INSTALLATIONS.—The 
Secretary of Defense shall submit to the congressional 
defense committees a list of main operating bases 
within the area of responsibility of the United States 
European Command ranked according to mission 
criticality and vulnerability to energy disruption as 
follows: 
‘‘(A) In the case of a main operating base, 
by not later than June 1, 2023. 
‘‘(B) In the case of any operating base other 
than a main operating base, by not later than 
June 1, 2024. 
‘‘(2) SUBMITTAL OF PLANS.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00974
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
975 
•HR 2670 RH1S 
‘‘(A) MAIN
OPERATING
BASES.—Not later 
than 12 months after the date of the enactment 
of this Act, the Secretary of Defense shall submit 
to the congressional defense committees— 
‘‘(i) an installation energy plan for 
each main operating base on the list sub-
mitted under paragraph (1)(A); and 
‘‘(ii) an assessment of the feasibility of 
reaching the goal for the elimination of the 
use of Russian energy pursuant to sub-
section (b) on that base, including— 
‘‘(I) a description of the steps that 
would be required to meet such goal; 
and 
‘‘(II) an analysis of the effects 
such steps would have on the national 
security of the United States. 
‘‘(B) OTHER OPERATING BASES.—Not later 
than 24 months after the date of the enactment 
of this Act, the Secretary of Defense shall submit 
to the congressional defense committees— 
‘‘(i) an installation energy plan for 
each operating base on the list submitted 
under paragraph (1)(B); and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00975
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
976 
•HR 2670 RH1S 
‘‘(ii) an assessment of the feasibility of 
reaching the goal for the elimination of the 
use of Russian energy pursuant to sub-
section (b) on that base, including— 
‘‘(I) a description of the steps that 
would be required to meet such goal; 
and 
‘‘(II) an analysis of the effects 
such steps would have on the national 
security of the United States.’’. 
SEC. 1804. SUPPORT FOR EXECUTION OF BILATERAL 
AGREEMENTS 
CONCERNING 
ILLICIT 
TRANSNATIONAL MARITIME ACTIVITY IN AF-
RICA. 
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the Commandant of the Coast Guard, and in 
consultation with the Secretary of State, may provide as-
sistance to the Coast Guard for the execution of existing 
maritime law enforcement agreements between the United 
States and friendly African countries that were established 
to combat transnational organized illegal maritime activ-
ity, including illegal, unreported, and unregulated fishing. 
(b) EFFECT
ON MILITARY TRAINING
AND READI-
NESS.—The Secretary shall ensure that the provision of as-
sistance under this section will not negatively affect mili-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00976
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
977 
•HR 2670 RH1S 
tary training, operations, readiness, or other military re-
quirements. 
(c) FUNDS.—Amounts made available in a fiscal year 
to the Secretary for operations and maintenance shall be 
used to carry out this section. 
(d) ASSISTANCE DEFINED.—In this section, the term 
‘‘assistance’’ means the use of surface and air assets as bases 
of operations and information collection platforms, commu-
nication infrastructure, information sharing, and the pro-
vision of logistic support, supplies, and services (as defined 
in section 2350 of title 10, United States Code). 
SEC. 1805. CLARIFICATION OF WAIVER AUTHORITY FOR OR-
GANIZATIONAL 
AND 
CONSULTANT 
CON-
FLICTS OF INTEREST UNDER THE FEDERAL 
ACQUISITION REGULATION. 
Section 9.503 of the Federal Acquisition Regulation 
shall be revised to require that— 
(1) a request for a waiver under such section in-
clude a written justification for such waiver; and 
(2) the head of a Federal agency may not dele-
gate such waiver authority below the level of the dep-
uty head of such agency. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00977
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
978 
•HR 2670 RH1S 
SEC. 1806. GENEALOGY COLLECTION OF FAMILY MEMBERS 
OF SERVICEMEMBERS KILLED AT PEARL HAR-
BOR ON DECEMBER 7, 1941. 
(a) CONTRACT FOR GENEALOGY.— 
(1) IN GENERAL.—The Secretary of Defense, act-
ing through the Defense POW/MIA Accounting Agen-
cy, may enter into a contract with an entity to con-
duct genealogy of the deceased servicemembers from 
the U.S.S. Arizona, identify family members of such 
servicemembers, and solicit genetic samples from such 
family members and servicemembers. 
(2) MARKET RESEARCH.—Before soliciting bids 
for such contract, the Secretary of Defense shall con-
duct market research to identify available technology 
and resources to carry out such contract. 
(3) REQUIREMENTS.—The Secretary may allow 
for genome sequencing for purposes of conducting a 
comprehensive genealogy under such a contract if the 
terms of such contract include the following: 
(A) A requirement that a genealogist con-
ducts the genome sequencing. 
(B) A requirement that the contractor fol-
lows protocols established by the Defense POW/ 
MIA Accounting Agency relating to genome se-
quencing, including requirements relating to 
standards, swabs, and storage. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00978
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
979 
•HR 2670 RH1S 
(b) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than January 
31, 2024, the Secretary of Defense, in coordination 
with the Secretary of the Navy and the Director of the 
Defense POW/MIA Accounting Agency, shall submit 
to the Committees on Armed Services of the Senate 
and House of Representatives an initial report re-
garding the use of a contract described in subsection 
(a). Such report shall include— 
(A) a description of the market research 
conducted pursuant to subsection (a)(2); 
(B) expected timelines for contract perform-
ance; 
(C) the process by which the Secretary se-
lected a contractor; and 
(D) detailed strategy of implementation and 
for the expenditure of funds. 
(2) FINAL REPORT.—Not later than November 
31, 2024, the Secretary of Defense, in coordination 
with the Secretary of the Navy and the Director of the 
Defense POW/MIA Accounting Agency, shall submit 
to the Committees on Armed Services of the Senate 
and House of Representatives a final report regarding 
the use of a contract described in subsection (a). Such 
report shall include— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00979
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
980 
•HR 2670 RH1S 
(A) details of the contract award; 
(B) an update on expected timelines for 
contract performance; and 
(C) an update on the strategy of implemen-
tation and for the expenditure of funds. 
Subtitle B—Studies and Reports 
SEC. 1821. REPORT ON INCREASING NATIONAL CEMETERY 
CAPACITY. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to Congress a report 
that contains a proposal to increase national cemetery ca-
pacity through the expansion or modification of a national 
cemetery that has, or will have, the capacity to provide full 
military honors. 
SEC. 1822. LIMITATION ON FUNDS RELATING TO FEDERAL 
CONTRACTOR DISCLOSURE OF GREENHOUSE 
GAS EMISSIONS AND CLIMATE-RELATED FI-
NANCIAL RISK. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act for the Department of Defense 
may be obligated or expended to recommend or require any 
entity submitting an offer for a Federal contract to disclose, 
as a condition of submitting the offer, any of the following 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00980
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
981 
•HR 2670 RH1S 
information, or the existence of any of the following infor-
mation: 
(1) Greenhouse gas emissions and climate-related 
financial risk as described in the proposed rule titled 
‘‘Federal Acquisition Regulation: Disclosure of Green-
house Gas Emissions and Climate-Related Financial 
Risk’’ (87 Fed. Reg. 68312), or any substantially 
similar rule. 
(2) A greenhouse gas inventory or any other re-
port on greenhouse gas emissions, including Scope 1 
emissions, Scope 2 emissions, and Scope 3 emissions. 
(3) Greenhouse gas emissions reduction targets 
for validation by any non-governmental organization, 
including the Science-Based Targets initiative. 
(b) DEFINITIONS.—In this section: 
(1) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ means— 
(A) carbon dioxide; 
(B) methane; 
(C) nitrous oxide; 
(D) nitrogen trifluoride; 
(E) hydrofluorocarbons; 
(F) perfluorcarbons; or 
(G) sulfur hexafluoride. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00981
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
982 
•HR 2670 RH1S 
(2) GREENHOUSE
GAS
INVENTORY.—The term 
‘‘greenhouse gas inventory’’ means a quantified list of 
an entity’s annual greenhouse gas emissions. 
(3) SCOPE 1 EMISSIONS.—The term ‘‘Scope 1 
emissions’’ means, with respect to an entity, direct 
greenhouse gas emissions that are emitted from 
sources that are owned or controlled by the entity. 
(4) SCOPE 2 EMISSIONS.—The term ‘‘Scope 2 
emissions’’ means, with respect to an entity, indirect 
greenhouse gas emissions that are— 
(A) associated with the generation of elec-
tricity, heating and cooling, or steam, when such 
electricity, heating and cooling, or steam is pur-
chased or acquired for the entity’s own consump-
tion; and 
(B) emitted from sources other than sources 
that are owned or controlled by the entity. 
(5) SCOPE 3 EMISSIONS.—The term ‘‘Scope 3 
emissions’’ means, with respect to an entity, indirect 
greenhouse gas emissions, other than Scope 2 emis-
sions, that are— 
(A) a consequence of the operations of the 
entity; and 
(B) emitted from sources other than sources 
that are owned or controlled by the entity. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00982
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
983 
•HR 2670 RH1S 
SEC. 1823. STUDY AND REPORT ON DAMAGE TO INFRA-
STRUCTURE IN GUAM RESULTING FROM TY-
PHOON MAWAR. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study on damage to infrastructure in Guam resulting from 
Typhoon Mawar. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, such Secretary shall submit 
to the congressional defense committees a report that in-
cludes— 
(1) the findings of such study; 
(2) a list of each component of civilian infra-
structure in Guam damaged by Typhoon Mawar, and 
the extent to which such damage impairs military 
readiness in Guam; 
(3) an analysis of existing authorities such Sec-
retary could use to support recovery from such dam-
age in Guam; and 
(4) a description of efforts, if any, of such Sec-
retary to coordinate with municipal governments in 
Guam to support such recovery. 
Subtitle C—Other Matters 
SEC. 1851. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) In the subtitle analysis for subtitle A— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00983
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS