10 U.S.C. § 20237 — Numbers to be recommended for pro-

Page 3815 TITLE 10—ARMED FORCES § 20237 from a reserve component before the first day of the sixth fiscal year beginning after the date of the enactment of this section, and who, as of the date of the transfer, is serving in the grade of major, lieutenant colonel, or colonel or, in the case of the Navy or Coast Guard, lieutenant commander, commander, or captain. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 642.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023. § 20234. Opportunities for consideration for pro- motion (a) SPECIFICATION OF NUMBER OF OPPORTUNI- TIES 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 OPPORTUNI- TIES.—The Secretary of the Air Force may mod- ify the number of opportunities for consider- ation for promotion to be afforded officers with- in 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 Sec- retary of Defense may modify the number of op- portunities for consideration for promotion to be afforded officers of the Space Force within a competitive category for promotion to a par- ticular 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 offi- cers 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 opportuni- ties. (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 op- portunities for consideration for promotion that were available to the officer before the reduc- tion, 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.) Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘pursu- ant to subsection (a)’’ for ‘‘pursuant subsection (a)’’. § 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 sta- tus. 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 AP- POINTMENT.—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 offi- cer had not received that appointment or assign- ment. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 643.) § 20236. Competitive categories (a) REQUIREMENT TO ESTABLISH COMPETITIVE CATEGORIES FOR PROMOTION.—Under regulations prescribed by the Secretary of Defense, the Sec- retary of the Air Force shall establish at least one competitive category for promotion for offi- cers 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 cat- egory shall compete among themselves for pro- motion. (b) SINGLE COMPETITIVE CATEGORY FOR PRO- MOTION TO GENERAL OFFICER GRADES.—The Sec- retary 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.) § 20237. Numbers to be recommended for pro- motion (a) PROMOTION TO GRADES BELOW BRIGADIER GENERAL.— (1) DETERMINATION OF MAXIMUM NUMBER.— Before convening a selection board under sec- tion 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competi- tive category, the Secretary of the Air Force shall determine the maximum number of offi- cers in that competitive category that the board may recommend for promotion. (2) DETERMINATIONS.—In order to make the determination under paragraph (1), the Sec- retary shall determine— (A) the number of positions needed to ac- complish mission objectives which require officers of that competitive category in the grade to which the board will recommend of- ficers for promotion; Page 3816 TITLE 10—ARMED FORCES § 20238 (B) the estimated number of officers need- ed to fill vacancies in those positions during the period in which it is anticipated that of- ficers selected for promotion will be pro- moted; 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 consider- ation. (b) PROMOTION TO BRIGADIER GENERAL AND MAJOR GENERAL.— (1) DETERMINATION OF MAXIMUM NUMBERS.— Before convening a selection board under sec- tion 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Sec- retary 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 pro- motion. (2) DETERMINATIONS.—In order to make the determinations under paragraph (1), the Sec- retary shall determine— (A) the number of positions needed to ac- complish mission objectives which require officers serving in a space force active status on sustained duty, and in a space force ac- tive status not on sustained duty, in the grade to which the board will recommend of- ficers 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.) § 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 Sec- retary of the Air Force shall establish a pro- motion zone for officers serving in each grade and competitive category to be considered by the board. (b) DETERMINATION OF NUMBER.—The Sec- retary of the Air Force shall determine the number of officers in the promotion zone for of- ficers serving in any grade and competitive cat- egory from among officers who are eligible for promotion in that grade and competitive cat- egory. 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 offi- cers to be promoted to a grade to which sec- tion 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 pro- motion. (Added Pub. L. 118–31, div. A, title XVII, § 1716(c), Dec. 22, 2023, 137 Stat. 645.) § 20239. Promotions: how made (a) PROMOTION LISTS.— (1) PLACEMENT OF NAMES ON PROMOTION LIST.—When the report of a selection board convened under section 20211 of this title is ap- proved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the Space Force officer list or based on par- ticular merit, as determined by the promotion board, or as modified by the Secretary of the Air Force under section 20217 of this title. (2) TIME OF ESTABLISHMENT OF PROMOTION LIST.—A promotion list is considered to be es- tablished under this section as of the date of the approval of the report of the selection board under paragraph (1). (b) PROMOTIONS; HOW MADE; ORDER.— (1) APPOINTMENT AUTHORITY.—Officers on a promotion list shall be promoted by appoint- ment in the manner specified in section 20201 of this title. (2) TIMING.—Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regu- lations prescribed by the Secretary of the Air Force. (3) ORDER.—Except as provided in sub- sections (e) and (f), promotions shall be made in the order in which the names of officers ap- pear on the promotion list and after officers previously selected for promotion in that com- petitive category have been promoted. (4) PROMOTIONS TO GRADE OF FIRST LIEUTEN- ANT.—Officers to be promoted to the grade of first lieutenant shall be promoted in accord- ance with regulations prescribed by the Sec- retary of the Air Force. (c) PROMOTION OF FIRST LIEUTENANTS ON AN ALL-FULLY-QUALIFIED OFFICERS LIST.—(1) Except as provided in subsection (f), officers on the Space Force officer list in the grade of first lieu- tenant who are on an approved all-fully-quali- fied-officers list shall be promoted to the grade of captain in accordance with regulations pre- scribed by the Secretary of the Air Force. (2) An all-fully-qualified-officers list shall be considered to be approved for purposes of para- graph (1) when the list is approved by the Presi- dent. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (3) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when