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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 20215(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.
(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; amended Pub. L. 118–159, div. A, title V, § 521(p), Dec. 23, 2024, 138 Stat. 1882.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (c). Pub. L. 118–159 substituted “20215(g)” for “20214(g)”.
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 to 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; amended Pub. L. 118–159, div. A, title V, § 521(r), Dec. 23, 2024, 138 Stat. 1882.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (b). Pub. L. 118–159 substituted “pursuant to subsection (a)” for “pursuant subsection (a)”.
10 U.S.C. § 20243 (ARMED FORCES)
§ 20243. General officers ceasing to occupy positions commensurate with grade
(a) General Officers.—
Within 60 days after an officer of the Space Force on the Space Force officer list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary of the Air Force shall transfer or discharge the officer in accordance with whichever of the following the officer elects:
(1) Transfer the officer in grade to the Space Force retired list, if the officer is qualified and applies for the transfer.
(2) Transfer the officer in grade to a Space Force inactive status, if the officer is qualified.
(3) Discharge the officer from the officer’s appointment and, if the officer is qualified and applies therefor, appoint the officer in the grade held by the officer before the officer’s appointment in a general officer grade.
(4) Discharge the officer from the officer’s appointment.
(b) Credit for Service in Grade.—
An officer who is appointed under subsection (a)(3) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade.
(Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 649; amended Pub. L. 118–159, div. A, title V, § 521(t), Dec. 23, 2024, 138 Stat. 1883.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (a)(3). Pub. L. 118–159 struck out “as a” after “held by the officer”.
10 U.S.C. § 20401 (ARMED FORCES)
§ 20401. Applicability of certain provisions of law related to separation
(a) Officer Separation.—
Except as specified in this section or otherwise modified in this chapter, the provisions 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), and 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 pertaining 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.
(e) The provisions of section 1175 of this title pertaining 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 sustained 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.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 656; amended Pub. L. 118–159, div. A, title V, § 521(w), Dec. 23, 2024, 138 Stat. 1883.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (b). Pub. L. 118–159 inserted “, and” after “1174(b)”.
10 U.S.C. § 20404 (ARMED FORCES)
§ 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 retirement 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 recommended 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 paragraphs (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 additional years or less of active service would be eligible for retirement under that section; and
(B) whose names are not on a list of officers 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 officer 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 officers 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 National Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible.
(2) An officer who is recommended for discharge 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 service.
(c) Discharges and Retirements Considered to Be Involuntary.—
The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.
(Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 657; amended Pub. L. 118–159, div. A, title XVII, § 1701(a)(50), Dec. 23, 2024, 138 Stat. 2206.)
heading: Editorial Notes
heading: References in Text
text: Section 4403 of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (b)(1)(C), is section 4403 of Pub. L. 102–484, which is set out as a note under section 1293 of this title.
heading: Amendments
text: 2024—Subsecs. (a), (b)(1). Pub. L. 118–159 substituted “Space Force” for “space force” in introductory provisions.
14 U.S.C. § 548 (COAST GUARD)
§ 548.1 Prohibition against officers and employees being interested in contracts for materials
No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses.
(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8509(b), Jan. 1, 2021, 134 Stat. 4756.)
14 U.S.C. § 548 (COAST GUARD)
§ 548.1 Marking anchorage grounds by Commandant of the Coast Guard
The Commandant of the Coast Guard shall provide, establish, and maintain, out of the annual appropriations for the Coast Guard, buoys or other suitable marks for marking anchorage grounds for vessels in waters of the United States, when such anchorage grounds have been defined and established by proper authority in accordance with the laws of the United States.
(Added and amended Pub. L. 117–263, div. K, title CXVIII, § 11808(c), Dec. 23, 2022, 136 Stat. 4166.)
heading: Editorial Notes
heading: Codification
text: The text of section 472 of Title 33, Navigation and Navigable Waters, which was transferred to appear at the end of this subchapter, redesignated as section 548 of this title, and amended by Pub. L. 117–263, § 11808(c), was based on act Sept. 15, 1922, ch. 313, 42 Stat. 844.
heading: Amendments
text: 2022—Pub. L. 117–263 substituted “The Commandant of the Coast Guard” for “That hereafter the Commissioner of Lighthouses” and “for the Coast Guard” for “for the Lighthouse Service”.
14 U.S.C. § 564 (COAST GUARD)
§ 564. Administration of sexual assault forensic examination kits
(a) Sexual Assault Forensic Exam Procedure.—
(1) In general.—
Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination—
(A) as soon as possible after the victim requests an examination; and
(B) that is treated with the same level of urgency as emergency medical care.
(2) Requirements.—
The written operating procedure required by paragraph (1),1 shall, at a minimum, account for—
(A) the health, safety, and privacy of a victim of sexual assault;
(B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10);
(C) the availability of aeromedical evacuation;
(D) the operational capabilities of the vessel concerned;
(E) the qualifications of medical personnel onboard;
(F) coordination with law enforcement and the preservation of evidence;
(G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault;
(H) the availability of nonprescription pregnancy prophylactics; and
(I) other unique military considerations.
(Added Pub. L. 117–263, div. K, title CXII, § 11272(a), Dec. 23, 2022, 136 Stat. 4066.)
heading: Statutory Notes and Related Subsidiaries
heading: Annual Report
text: Pub. L. 117–263, div. K, title CXII, § 11272(c)(5), Dec. 23, 2022, 136 Stat. 4067, provided that: “The Commandant [of the Coast Guard] shall submit to the Transportation and Infrastructure Committee of the House and the Commerce, Science, and Transportation Committee of the Senate a report containing the number of sexual assault forensic examinations that were requested by, but not administered within 3 days to, alleged victims of sexual assault when such victims were onboard a vessel.”
14 U.S.C. § 914 (COAST GUARD)
§ 914. Disposition of infrastructure related to E–LORAN
(a) In General.—
Notwithstanding any other provision of law, the Commandant may dismantle or dispose of any real or personal property under the administrative control of the Coast Guard and used for the LORAN–C system.
(b) Restriction.—
No action described in subsection (a) may be taken unless and until—
(1) the Commandant notifies the Secretary of Transportation and the Secretary of Defense in writing of the proposed dismantling or disposal of a LORAN–C system; and
(2) a period of 90 calendar days expires following the day on which the notice has been submitted.
(c) Receipt of Notification.—
If, not later than 90 calendar days of receipt of the written notification under subsection (b), the Secretary of Transportation or the Secretary of Defense notifies the Commandant, in writing, of a determination under section 312(d) of title 49 that the property is required to provide a positioning, navigation, and timing system to provide redundant capability in the event the Global Positioning System signals are disrupted, the Commandant shall transfer the property to the Department of Transportation without any consideration.
(d) Notification Expiration.—
If, at the end of the 90 calendar day period no notification under subsection (b) has been received, the Commandant shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations in the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that the period in subsection (b)(2) has expired, and may proceed with the dismantling and disposal of the personal property, and disposing of the real property in accordance with section 2945 of this title.
(e) Exception.—
The prohibition on actions in subsection (b) does not apply to actions necessary for the safety of human life.
(Added Pub. L. 114–120, title VI, § 610(a)(1), Feb. 8, 2016, 130 Stat. 83, § 681; renumbered § 914, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8216, Jan. 1, 2021, 134 Stat. 4653; Pub. L. 117–263, div. K, title CXII, § 11211, Dec. 23, 2022, 136 Stat. 4012.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to disposition of infrastructure related to E–LORAN and comprised of subsecs. (a) to (c).
2021—Subsec. (a). Pub. L. 116–283, § 8216(1), substituted “later of the date of the conveyance of the properties directed under section 533(a) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) or the date” for “date”.
Subsec. (c)(2). Pub. L. 116–283, § 8216(2), added par. (2) and struck out former par. (2) which related to availability of proceeds.
2018—Pub. L. 115–282 renumbered section 681 of this title, relating to disposition of infrastructure related to E–LORAN, as this section.
14 U.S.C. § 2122 (COAST GUARD)
§ 2122. Removal of officer from list of selectees for promotion
(a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 112(b), renumbered section 272 of this title as this section.
Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.
heading: Executive Documents
heading: Delegation of Authority
text: Authority of President under subsec. (a) of this section to remove a name of an officer from a list of selectees delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
14 U.S.C. § 3733 (COAST GUARD)
§ 3733. Suspension of this subchapter in time of war or national emergency
In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers.
(Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1007, § 722; renumbered § 3733, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 778 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 722 of this title as this section.
heading: Executive Documents
heading: Delegation of Authority
text: Authority of President under this section to suspend the operation of this subchapter concerning officers of the Coast Guard Reserve without the approval, ratification, or other action by the President during a time of war or national emergency delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 2(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
18 U.S.C. § 2426 (CRIMES AND CRIMINAL PROCEDURE)
§ 2426. Repeat offenders
(a) Maximum Term of Imprisonment.—
The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be 3 times the term of imprisonment otherwise provided by this chapter, unless section 3559(e) applies.
(b) Definitions.—
In this section—
(1) the term “prior sex offense conviction” means a conviction for an offense—
(A) under this chapter, chapter 109A, chapter 110, or section 1591; or
(B) under State law or the Uniform Code of Military Justice for an offense consisting of conduct that would have been an offense under a chapter referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; and
(2) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(Added Pub. L. 105–314, title I, § 104(a), Oct. 30, 1998, 112 Stat. 2976; amended Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655; Pub. L. 110–457, title II, § 224(c), Dec. 23, 2008, 122 Stat. 5072; Pub. L. 115–392, § 11(2), Dec. 21, 2018, 132 Stat. 5255; Pub. L. 118–159, div. A, title V, § 569(5), Dec. 23, 2024, 138 Stat. 1906.)
heading: Editorial Notes
heading: Amendments
text: 2024—Subsec. (b)(1)(B). Pub. L. 118–159 inserted “or the Uniform Code of Military Justice” after “State law”.
2018—Subsec. (a). Pub. L. 115–392, § 11(2)(A), substituted “3 times” for “twice”.
Subsec. (b)(1)(B). Pub. L. 115–392, § 11(2)(B), substituted “subparagraph (A)” for “paragraph (1)”.
2008—Subsec. (b)(1)(A). Pub. L. 110–457 substituted “chapter 110, or section 1591” for “or chapter 110”.
2003—Subsec. (a). Pub. L. 108–21 inserted “, unless section 3559(e) applies” before period at end.