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10 U.S.C. § 9371 (ARMED FORCES)
§ 9371. Air University and Space Delta 13: civilian faculty members
(a) Authority of Secretary.—
The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at a school of the Air University or of the Space Delta 13 as the Secretary considers necessary.
(b) Compensation of Faculty Members.—
The compensation of persons employed under this section shall be as prescribed by the Secretary.
(c) Application to Certain Faculty Members.—
(1) Except as provided in paragraph (2), this section shall apply with respect to persons who are selected by the Secretary for employment as professors, instructors, and lecturers at a school of the Air University or of the Space Delta 13 after February 27, 1990.
(2) This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Air University or of the Space Delta 13 if the duration of the principal course of instruction offered at that school is less than 10 months.
(Added Pub. L. 101–189, div. A, title XI, § 1124(d)(1), Nov. 29, 1989, 103 Stat. 1559, § 9021; amended Pub. L. 103–337, div. A, title X, § 1070(a)(17), Oct. 5, 1994, 108 Stat. 2856; renumbered § 9371, Pub. L. 115–232, div. A, title VIII, § 806(b)(16), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 118–31, div. A, title XI, § 1117(a), Dec. 22, 2023, 137 Stat. 433.)
heading: Editorial Notes
heading: Amendments
text: 2023—Pub. L. 118–31, § 1117(a)(1), inserted “and Space Delta 13” after “Air University” in section catchline.
Subsec. (a). Pub. L. 118–31, § 1117(a)(2), inserted “or of the Space Delta 13” after “Air University”.
Subsec. (c)(1). Pub. L. 118–31, § 1117(a)(3)(A), inserted “or of the Space Delta 13” after “Air University”.
Subsec. (c)(2). Pub. L. 118–31, § 1117(a)(3)(B), inserted “or of the Space Delta 13” after “Air University”.
2018—Pub. L. 115–232 renumbered section 9021 of this title as this section.
1994—Subsec. (c)(1). Pub. L. 103–337 substituted “after February 27, 1990” for “after the end of the 90-day period beginning on the date of the enactment of this section”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 9452 (ARMED FORCES)
§ 9452. Cadets: hazing
(a) Subject to the approval of the Secretary of the Air Force, the Superintendent of the Academy shall issue regulations—
(1) defining hazing;
(2) designed to prevent that practice; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) If a cadet who is charged with violating a regulation issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, he may not be dismissed for that offense except under sentence of such a court.
(c) A cadet dismissed from the Academy for hazing may not be reappointed as a cadet, and is ineligible for appointment as a commissioned officer in a regular component of the Army, Navy, Air Force, or Marine Corps, or in the Space Force, until two years after the graduation of his class.
(Aug. 10, 1956, ch. 1041, 70A Stat. 566, § 9352; renumbered § 9452, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(13), Jan. 1, 2021, 134 Stat. 3815; Pub. L. 118–31, div. A, title XVII, § 1721(c)(4), Dec. 22, 2023, 137 Stat. 667.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9352(a)
9352(b)
9352(c)
10:1163 (1st par.).
10:1163 (1st 32 words of last par.).
10:1163 (last par., less 1st 32 words).
Mar. 2, 1901, ch. 804 (2d proviso under “Permanent Establishment”); restated Apr. 19, 1910, ch. 174 (38th par. under “Buildings and Grounds”), 36 Stat. 323.
In subsection (a), the word “violations” is substituted for the words “infractions of the same”. The words “to embody a clear” are omitted as surplusage.
In subsection (b), the words “the penalty for which is or may be” are substituted for the words “which would involve”. The words “may not be dismissed for that offense except under sentence of such a court” are substituted for the words “shall be granted”.
In subsection (c), the words “a regular component” are inserted, since the source statute historically applied only to the regular components.
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (c). Pub. L. 118–31 substituted “or Marine Corps, or in the Space Force,” for “Marine Corps, or Space Force,”.
2021—Subsec. (c). Pub. L. 116–283 substituted “as a cadet” for “as an Air Force cadet” and “Marine Corps, or Space Force” for “or Marine Corps”.
2018—Pub. L. 115–232 renumbered section 9352 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 9481 (ARMED FORCES)
§ 9481. Establishment: purpose
The Secretary of the Air Force may maintain schools and camps for the military instruction and training of persons selected, upon their application, from warrant officers and enlisted members of the Air Force, the Space Force, and civilians, to qualify them for—
(1) appointment as reserve officers, or enlistment as reserve noncommissioned officers, for service in the Air Force Reserve; or
(2) appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a space force active status.
(Aug. 10, 1956, ch. 1041, 70A Stat. 571, § 9411; renumbered § 9481, Pub. L. 115–232, div. A, title VIII, § 806(a)(2), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(16), Jan. 1, 2021, 134 Stat. 3815; Pub. L. 118–31, div. A, title XVII, § 1721(d)(1), Dec. 22, 2023, 137 Stat. 667.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
9411
10:442 (words before 1st semicolon of 1st sentence).
June 3, 1916, ch. 134, § 47d (words before 1st semicolon of 1st sentence); added June 4, 1920, ch. 227, subch. I, § 34 (words before 1st semicolon of 1st sentence of last par.), 41 Stat. 779.
The words “upon military reservations or elsewhere” are omitted as surplusage. The words “of the Air Force” are inserted for clarity. The words “or enlistment as” are inserted for clarity.
heading: Editorial Notes
heading: Amendments
text: 2023—Pub. L. 118–31 inserted dash after “to qualify them for” and par. (1) designation before “appointment”, substituted “; or” for “or the Space Force Reserve.”, and added par. (2).
2021—Pub. L. 116–283, § 923(d)(16)(B), inserted “or the Space Force Reserve” after “the Air Force Reserve”.
Pub. L. 116–283, § 923(d)(16)(A), which directed amendment of this section by inserting “, the Space Force,” after “members of the Air Force,”, was executed by making the insertion after “members of the Air Force” to reflect the probable intent of Congress.
2018—Pub. L. 115–232 renumbered section 9411 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 15101 (ARMED FORCES)
§ 15101. Officers in designated competitive categories
(a) Authority to Designate Competitive Categories of Officers.—
Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter.
(b) Limitation on Exercise of Authority.—
The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
(1) A detailed description of officer requirements for officers within the competitive category.
(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
(3) An estimate of the size of the promotion zone for each grade within the competitive category.
(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 245.)
10 U.S.C. § 15102 (ARMED FORCES)
§ 15102. Selection for promotion
(a) In General.—
Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title.
(b) No Recommendation for Promotion of Officers Below Promotion Zone.—
Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a).
(c) Recommendation for Officers to Be Excluded From Future Consideration for Promotion.—
In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend 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 V, § 514(a), Dec. 22, 2023, 137 Stat. 246.)
10 U.S.C. § 15103 (ARMED FORCES)
§ 15103. Eligibility for consideration for promotion
(a) In General.—
Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.
(b) Inapplicability of Certain Time-in-grade Requirements.—
Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).
(c) Inapplicability to Officers Above and Below Promotion Zone.—
The following provisions of this title shall not apply to the promotion of officers described in subsection (a):
(1) The reference in section 14301(b) to an officer above the promotion zone.
(2) Section 14301(d).
(d) Ineligibility of Certain Officers.—
The following officers are not eligible for promotion under this chapter:
(1) An officer described in section 14301(c) of this title.
(2) An officer not included within the promotion zone.
(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title.
(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 246.)
10 U.S.C. § 15104 (ARMED FORCES)
§ 15104. Opportunities for consideration for promotion
(a) Specification of Number of Opportunities for Consideration for Promotion.—
In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
(b) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—
The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.
(c) Discretionary 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 an armed 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 an armed 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 V, § 514(a), Dec. 22, 2023, 137 Stat. 246.)
10 U.S.C. § 15105 (ARMED FORCES)
§ 15105. Promotions
Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 247.)
10 U.S.C. § 15106 (ARMED FORCES)
§ 15106. Failure of selection for promotion
(a) In General.—
Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.
(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—
The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(c) Special Selection Board Matters.—
The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(d) Effect of Failure of Selection.—
In the administration of this chapter pursuant to subsection (a)—
(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) 1 of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and
(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 247.)
heading: Editorial Notes
heading: References in Text
text: Section 14502(b) of this title, referred to in subsec. (d)(1), probably should be section 14501(b) of this title, which relates to officers twice failed of selection. Section 14502(b) of this title relates to officers considered but not selected due to material error.
10 U.S.C. § 15107 (ARMED FORCES)
§ 15107. Retirement: retirement for years of service; selective early retirement
(a) Retirement for Years of Service.—
Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter.
(b) Selective Early Retirement.—
Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a).
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 248.)
10 U.S.C. § 15108 (ARMED FORCES)
§ 15108. Continuation on the Reserve Active-Status List
Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 248.)
10 U.S.C. § 15109 (ARMED FORCES)
§ 15109. Other administrative authorities
(a) 1 In General.—
The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter:
(1) Section 14518, relating to continuation of officers to complete disciplinary action.
(2) Section 14519, relating to deferment of retirement or separation for medical reasons.
(3) Section 14704, relating to the selective early removal from the reserve active-status list.
(4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 248.)
10 U.S.C. § 15110 (ARMED FORCES)
§ 15110. Regulations
The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title 1 shall be used in the administration of this chapter in accordance with the provisions of this chapter.
(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 248.)
10 U.S.C. § 20002 (ARMED FORCES)
§ 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1714, Dec. 22, 2023, 137 Stat. 626.)
10 U.S.C. § 20003 (ARMED FORCES)
§ 20003. Members: minimum service requirement as applied to Space Force
(a) Inapplicability of Active/reserve Service Distinction.—
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 component) are inapplicable.
(b) Treatment Upon Transfer Out of Space Force.—
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.
(Added Pub. L. 118–31, div. A, title XVII, § 1714, Dec. 22, 2023, 137 Stat. 626.)
10 U.S.C. § 20101 (ARMED FORCES)
§ 20101. Members in Space Force active status: amount of annual training or active duty service required
Except as specifically provided in regulations prescribed 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 training for not more than 30 days during each year.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 627.)
10 U.S.C. § 20102 (ARMED FORCES)
§ 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 active 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 “mobilization category”) who, as designated by the Secretary of the Air Force, are subject to being ordered to active duty without their consent in accordance with section 20106(a) of this title.
(2) Limitations on placement in mobilization category.—
A member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless—
(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 category.—
A member of the Space Force in a space force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active 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.
(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.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 627.)
10 U.S.C. § 20103 (ARMED FORCES)
§ 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 inactive 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 establishing—
(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 national 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1715, Dec. 22, 2023, 137 Stat. 628.)