Treatment of Space Force officers for purposes of laws relating to authorized number and distribution of officers in general officer grades

(a) Distribution of commissioned officers on active duty in general officer grades Section 525 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or the Space Force officer list after officer on the active duty list; (B) in paragraph (5)— (i) in subparagraph (A), by striking officers in the grade of general and inserting officers on sustained duty orders in the grade of general; (ii) in subparagraph (B), by striking officers in a grade above and inserting officers on sustained duty orders in a grade above; and (iii) in subparagraph (C), by striking officers in the grade and inserting officers on sustained duty orders in the grade; and (2) in subsection (h), by adding at the end the following new paragraph: (3) (A) The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five. (B) Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).. (b) Exclusion of certain officers from authorized strength of Space Force general officers on active duty Section 526 of such title is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting and of the Space Force after components; (B) in paragraph (1), by inserting or of the Space Force after a reserve component; (C) in paragraph (2), by adding at the end the following new subparagraph: (D) The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days.; and (D) in paragraph (3)(A), by inserting (or a Space Force general officer in a space force active status on sustained duty) after a reserve component; and (2) in subsection (d)— (A) by striking or at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting; or; and (C) by adding at the end the following new paragraph: (3) a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders.. (c) Strength in grade of Space Force general officers in space force active status not on sustained duty Chapter 2003 of such title is amended by adding at the end the following new section: 20110. Strength in grade: Space Force general officers in Space Force active status not on sustained duty (a) Authorized strength The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five. (b) Exclusions The following Space Force general officers shall not be counted for purposes of this section: (1) Those counted under section 526 of this title. (2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two. (c) Permanent grade A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a). (d) Temporary exclusion The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time..

(a) Distribution of commissioned officers on active duty in general officer grades Section 525 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or the Space Force officer list after officer on the active duty list; (B) in paragraph (5)— (i) in subparagraph (A), by striking officers in the grade of general and inserting officers on sustained duty orders in the grade of general; (ii) in subparagraph (B), by striking officers in a grade above and inserting officers on sustained duty orders in a grade above; and (iii) in subparagraph (C), by striking officers in the grade and inserting officers on sustained duty orders in the grade; and (2) in subsection (h), by adding at the end the following new paragraph: (3) (A) The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five. (B) Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).. (b) Exclusion of certain officers from authorized strength of Space Force general officers on active duty Section 526 of such title is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting and of the Space Force after components; (B) in paragraph (1), by inserting or of the Space Force after a reserve component; (C) in paragraph (2), by adding at the end the following new subparagraph: (D) The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active duty for a period of at least 180 days and not longer than 365 days.; and (D) in paragraph (3)(A), by inserting (or a Space Force general officer in a space force active status on sustained duty) after a reserve component; and (2) in subsection (d)— (A) by striking or at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting; or; and (C) by adding at the end the following new paragraph: (3) a Space Force officer in the grade of brigadier general or above on orders to sustained duty during the 60-day period preceding the end of such orders.. (c) Strength in grade of Space Force general officers in space force active status not on sustained duty Chapter 2003 of such title is amended by adding at the end the following new section: 20110. Strength in grade: Space Force general officers in Space Force active status not on sustained duty (a) Authorized strength The authorized strength of general officers in the Space Force serving in space force active status not on sustained duty is five. (b) Exclusions The following Space Force general officers shall not be counted for purposes of this section: (1) Those counted under section 526 of this title. (2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who shall not be counted under this paragraph may not exceed two. (c) Permanent grade A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a). (d) Temporary exclusion The limitation of subsection (a) does not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time..