§ 647. Force shaping authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title V § 501(c)(1)(A) · 118 Stat. 1811

   Enacted · 10 U.S.C. § 647

   Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873

   Source evidence

   Code source credit
   Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873

   Enacted provision · exact public law section
   (A) Subchapter V of chapter 36 of such title is amended by adding at the end the following new section: “§ 647. Force shaping authority “(a) Authority.— The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary— “(1) discharge an officer described in subsection (b); or “(2) transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component of that armed force. “(b) Covered Officers.— (1) The authority under this section may be exercised in the case of an officer who— “(A) has completed not more than 5 years of service as a commissioned officer in the armed forces; or “(B) has completed more than 5 years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member. “(2) In this subsection, the term ‘minimum service obligation’ means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service. “(c) Appointment of Transferred Officers.— An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title. “(d) Regulations.— The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.” .

2. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title V § 503(b) · 122 Stat. 3

   Substituted · 10 U.S.C. § 647(b)(1)(A); 10 U.S.C. § 647(b)(1)(B)

   Pub. L. 110–181 substituted “six years” for “5 years”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A), (B). Pub. L. 110–181 substituted “six years” for “5 years”.

   Enacted provision · exact public law section
   (b) Officer Force Shaping Authority.— Section 647(b)(1) of such title is amended by striking “5 years” both places it appears and inserting “six years”.

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 924(b)(16) · 134 Stat. 3388

   Struck · 10 U.S.C. § 647(a)(2)

   Pub. L. 116–283, § 924(b)(16), struck out “of that armed force” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 116–283, § 924(b)(16), struck out “of that armed force” before period at end.

   Enacted provision · exact public law section
   (16) Force shaping authority.— Section 647(a)(2) of such title is amended by striking “of that armed force”.

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 924(b)(4)(H) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 647(c)

   Pub. L. 116–283, § 924(b)(4)(H), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–283, § 924(b)(4)(H), substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”.

   Enacted provision · exact public law section
   (H) Section 647(c).

5. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1718(b)(1) · 137 Stat. 136

   Inserted · 10 U.S.C. § 647(b)

   Pub. L. 118–31, § 1718(b)(1), inserted “(other than an officer of the Space Force)” after “in the case of an officer” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 118–31, § 1718(b)(1), inserted “(other than an officer of the Space Force)” after “in the case of an officer” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (b), by inserting “(other than an officer of the Space Force)” after “in the case of an officer”;

6. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1718(b)(2) · 137 Stat. 136

   Substituted · 10 U.S.C. § 647(c)

   Pub. L. 118–31, § 1718(b)(2), which directed amendment of subsec. (c) by substituting “or Regular Marine Corps” for “Regular Marine Corps, of Regular Space Force”, was executed by making the substitution for “Regular Marine Corps, or Regular Space Force” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 118–31, § 1718(b)(2), which directed amendment of subsec. (c) by substituting “or Regular Marine Corps” for “Regular Marine Corps, of Regular Space Force”, was executed by making the substitution for “Regular Marine Corps, or Regular Space Force” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (2) in subsection (c), by striking “Regular Marine Corps, of Regular Space Force” and inserting “or Regular Marine Corps”; and

7. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1718(b)(3) · 137 Stat. 136

   Added · 10 U.S.C. § 647(e)

   Pub. L. 118–31, § 1718(b)(3), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 118–31, § 1718(b)(3), added subsec. (e).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(e) Space Force.— For a similar provision with respect to officers of the Space Force, see section 20405 of this title.” .

7 of 7 references resolved to an enrolled provision