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10 U.S.C. § 20104 (ARMED FORCES)
§ 20104. Orders to active duty: with consent of member
(a) Authority.—
A member of the Space Force who is serving in a space force active status and is not on sustained duty, or who is serving in a space force inactive status, may, with the consent of the member, be ordered to active 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 active duty at any time with the consent of the member.
(2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters.
(3) Section 12322, relating to active duty for health care.
(4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault.
(b) Applicable Provisions of Law.—
The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member:
(1) Section 12308, relating to retention after becoming qualified for retired pay.
(2) Section 12309, relating to use of Reserve officers in expansion of armed forces.
(3) Section 12313, relating to release of reserve members from active duty.
(4) Section 12314, relating to kinds of duty.
(5) Section 12315, relating to duty with or without pay.
(6) Section 12316, relating to payment of certain Reserves while on duty.
(7) Section 12318, relating to duties and funding of reserve members on active duty.
(8) Section 12320, relating to grade in which ordered to active duty.
(9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 628.)
10 U.S.C. § 20105 (ARMED FORCES)
§ 20105. Sustained duty
(a) Enlisted Members.—
An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a space force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement.
(b) Officers.—
(1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a space force active status to sustained duty—
(A) with the consent of the officer; or
(B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law.
(2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 629.)
10 U.S.C. § 20107 (ARMED FORCES)
§ 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 obligation referred to in section 20003 of this title shall, if terminating space force active status, be transferred to a space force inactive status and, unless otherwise designated an Individual 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 Secretary of the Air Force under section 20503 of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 630.)
10 U.S.C. § 20108 (ARMED FORCES)
§ 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 considered 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 sustained duty shall be considered active duty as a member of a reserve component.
(4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 631.)
10 U.S.C. § 20109 (ARMED FORCES)
§ 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 631.)
10 U.S.C. § 20201 (ARMED FORCES)
§ 20201. Original appointments: how made
(a) In General.—
The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force.
(b) Grade Upon Appointment.—
(1) The grade of a person receiving an appointment under this section 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.
(2) The grade of a person receiving an appointment under this section who at the time of the appointment is a commissioned officer of a reserve component shall be determined under section 20203(e) of this title.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(a), Dec. 22, 2023, 137 Stat. 631.)
10 U.S.C. § 20202 (ARMED FORCES)
§ 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
(3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation.
(b) Exception.—
A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(a), Dec. 22, 2023, 137 Stat. 632.)
10 U.S.C. § 20211 (ARMED FORCES)
§ 20211. Convening of selection boards
(a) In General.—
Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general.
(b) Exception for Officers in Grade of First Lieutenant.—
Subsection (a) does not require the convening of a selection board in the case of Space Force officers 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) 1 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 prescribed by the Secretary of the Defense.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 634.)
heading: Editorial Notes
heading: References in Text
text: Section 20238(a) of this title, referred to in subsec. (b), does not contain a par. (4). However, section 20239(c) of this title relates to promotion of first lieutenants on an all-fully-qualified officers list and does contain a par. (4) defining such a list and containing subpars. (A) and (B).
10 U.S.C. § 20213 (ARMED FORCES)
§ 20213. Notice of convening of selection boards
(a) Notice to Eligible Officers.—
At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall—
(1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or
(2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification.
(b) Communication From Officers.—
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 section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar 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 selection board shall give consideration to any timely communication under this subsection.
(c) Notice of Intent of Certain Officers To Serve on or Off Active Duty.—
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 officer’s preference to serve either on or off sustained duty if promoted to the grade of brigadier general or major general, respectively.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 635.)
10 U.S.C. § 20216 (ARMED FORCES)
§ 20216. Reports of selection boards
(a) In General.—
Each selection board convened under section 20211 of this title shall submit to the Secretary 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 promotion 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 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 officer’s retention in a space force active status.
(c) Officers Recommended to Be Placed Higher on the Promotion List.—
A selection board convened under section 20211 of this title shall, when authorized under section 20214(g) 1 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.
(d) Recommendation for Officers to Be Excluded From Future Consideration for Promotion.—
A selection board convened under section 20211 of this title may include in its report a recommendation that an officer considered by the board be excluded from future consideration for promotion under this chapter.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 637.)
heading: Editorial Notes
heading: References in Text
text: Section 20214 of this title, referred to in subsec. (c), does not contain a subsec. (g). However, section 20215(g) of this title relates to board recommendation for higher placement on a promotion list.
10 U.S.C. § 20217 (ARMED FORCES)
§ 20217. Action on reports of selection boards for promotion to brigadier general or major general
(a) In General.—
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 regulations prescribed by the Secretary of the Air Force, adjust the placement of officers as recommended in the report in order to ensure that sufficient number of officers on both sustained and non-sustained duty are promoted to meet the requirements of the Space Force to fill general officer vacancies.
(b) Report.—
Whenever the Secretary of the Air Force uses the authority under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report informing the committees that the authority has been used and the reason for the use of the authority.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 638.)
10 U.S.C. § 20232 (ARMED FORCES)
§ 20232. Authority to allow officers to opt out of selection board consideration
(a) Authority.—
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 selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade.
(b) Criteria.—
The Secretary may only approve a request under subsection (a) as follows:
(1) Completion of certain assignments.—
If—
(A) the basis for the request is to allow an officer to complete a broadening assignment, an advanced education assignment, another assignment of significant value to the Department, or a career progression requirement delayed by such an assignment;
(B) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and
(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.
(2) Completion of certain education.—
If—
(A) the basis for the request is to allow an officer to complete advanced education or professional military education;
(B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in current position and grade; and
(C) the officer has not previously opted out of a promotion board under this section.
(3) Service in critical skill position.—
If—
(A) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade;
(B) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and
(C) the officer has not previously opted out of a promotion board under this section.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 641.)
10 U.S.C. § 20234 (ARMED FORCES)
§ 20234. Opportunities for consideration for promotion
(a) Specification of Number of Opportunities for Consideration for Promotion.—
The Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain.
(b) Limited Authority of Secretary of the Air Force to Modify Number of Opportunities.—
The Secretary of the Air Force may modify the number of opportunities for consideration for promotion to be afforded officers within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant 1 subsection (a), not more frequently than once every five years.
(c) Authority of Secretary of Defense to Modify Number of Opportunities.—
The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
(d) Limitation on Number of Opportunities Specified.—
The number of opportunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
(e) Effect of Certain Reduction in Number of Opportunities Specified.—
If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 643.)
10 U.S.C. § 20235 (ARMED FORCES)
§ 20235. Space Force officer list
(a) Single List.—
The Secretary of the Air Force shall maintain a single list of all Space Force officers serving 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 seniority 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 Appointment.—
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 have held if the officer had not received that appointment or assignment.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 643.)
10 U.S.C. § 20236 (ARMED FORCES)
§ 20236. Competitive categories
(a) Requirement to Establish Competitive Categories for Promotion.—
Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion 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 Promotion 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 644.)
10 U.S.C. § 20237 (ARMED FORCES)
§ 20237. Numbers to be recommended for promotion
(a) Promotion to Grades Below Brigadier General.—
(1) Determination of maximum number.—
Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine the maximum number of officers in that competitive category that the board may recommend for promotion.
(2) Determinations.—
In order to make the determination under paragraph (1), the Secretary shall determine—
(A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion;
(B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected 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 competitive category under consideration.
(b) Promotion to Brigadier General and Major General.—
(1) Determination of maximum numbers.—
Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine 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, that the board may recommend for promotion.
(2) Determinations.—
In order to make the determinations under paragraph (1), the Secretary shall determine—
(A) the number of positions needed to accomplish mission objectives which require officers serving in a space force active status on sustained 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 644.)
10 U.S.C. § 20238 (ARMED FORCES)
§ 20238. Establishment of promotion zones
(a) In General.—
Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.
(b) Determination of Number.—
The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of—
(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years;
(2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years;
(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on sustained duty on the last day of each of the next five fiscal years; and
(4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 645.)