10 U.S.C. § 20501 — Authority to establish procedures to con-

Page 3824 TITLE 10—ARMED FORCES § 20405 (B) whose names are not on a list of offi- cers 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 Na- tional Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible. (2) An officer who is recommended for dis- charge 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 speci- fied 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 retire- ment 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.) Editorial Notes REFERENCES IN 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. AMENDMENTS 2024—Subsecs. (a), (b)(1). Pub. L. 118–159 substituted ‘‘Space Force’’ for ‘‘space force’’ in introductory provi- sions. § 20405. Force shaping authority (a) AUTHORITY.—The Secretary of the Air Force may, solely for the purpose of restruc- turing the Space Force— (1) discharge an officer described in sub- section (b); or (2) involuntarily release such an officer from sustained duty. (b) COVERED OFFICERS.— (1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term ‘‘minimum service obligation’’, with respect to a member of the Space Force, means the initial period of required active duty service applicable to the member, together with any additional period of required active duty service incurred by that member during the member’s initial pe- riod of required active duty service. (c) REGULATIONS.—The Secretary of the Air Force shall prescribe regulations for the exer- cise of the Secretary’s authority under this sec- tion. (Added Pub. L. 118–31, div. A, title XVII, § 1718(a), Dec. 22, 2023, 137 Stat. 658.) CHAPTER 2011—SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS Sec. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons. 20502. Retention boards. 20503. Removal of officer: action by Secretary upon recommendation of retention board. 20504. Rights and procedures. 20505. Officer considered for removal: voluntary re- tirement or discharge. 20506. Officers eligible to serve on retention boards. § 20501. Authority to establish procedures to con- sider the separation of officers for sub- standard performance of duty and for cer- tain other reasons (a) PROCEDURES FOR REVIEW OF RECORD OF OF- FICERS RELATING TO STANDARDS OF PERFORM- ANCE OF DUTY.— (1) The Secretary of the Air Force shall pre- scribe, by regulation, procedures for the re- view at any time of the record of any commis- sioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer shall be re- quired, because of a reason stated in para- graph (2), to show cause for the officer’s reten- tion in a space force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Sec- retary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 of this title by the Sec- retary of the Air Force. (b) PROCEDURES FOR REVIEW OF RECORD OF OF- FICERS RELATING TO CERTAIN OTHER REASONS.— (1) The Secretary of the Air Force shall pre- scribe, by regulation, procedures for the re- view at any time of the record of any commis- sioned officer (other than a retired officer) of the Space Force in a space force active status to determine whether the officer should be re- quired, because of a reason stated in para- graph (2), to show cause for the officer’s reten- tion in a space force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national se- curity. (c) SECRETARY OF DEFENSE LIMITATIONS.—Reg- ulations prescribed by the Secretary of the Air Force under this section are subject to such lim- itations as the Secretary of Defense may pre- scribe. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 659.) Page 3825 TITLE 10—ARMED FORCES § 20504 § 20502. Retention boards (a) CONVENING OF BOARDS TO CONSIDER OFFI- CERS REQUIRED TO SHOW CAUSE.—The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 of this title to show cause for retention in a space force ac- tive status should be retained in a space force active status. Each retention board shall be composed of not less than three officers having the qualifications prescribed by section 20506 of this title. (b) FAIR AND IMPARTIAL HEARING.—A retention board shall give a fair and impartial hearing to each officer required under section 20501 of this title to show cause for retention in a space force active status. (c) EFFECT OF BOARD DETERMINATION THAT AN OFFICER HAS FAILED TO ESTABLISH THAT THE OF- FICER SHOULD BE RETAINED.— (1) If a retention board determines that the officer has failed to establish that the officer should be retained in a space force active sta- tus, the board shall recommend to the Sec- retary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Sec- retary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be re- tained in a space force active status may be required to take leave pending the completion of the officer’s case under this chapter. The of- ficer may be required to begin such leave at any time following the officer’s receipt of the report of the retention board, including the board’s recommendation for removal from a space force active status, and the expiration of any period allowed for submission by the offi- cer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer’s case is completed or may be terminated at any earlier time. (d) EFFECT OF BOARD DETERMINATION THAT AN OFFICER HAS ESTABLISHED THAT THE OFFICER SHOULD BE RETAINED.— (1) If a retention board determines that the officer has established that the officer should be retained in a space force active status, the officer’s case is closed. (2) An officer who is required to show cause for retention in a space force active status under subsection (a) of section 20501 of this title and who is determined under paragraph (1) to have established that the officer should be retained in a space force active status may not again be required to show cause for reten- tion in a space force active status under such subsection within the one-year period begin- ning on the date of that determination. (3)(A) Subject to subparagraph (B), an officer who is required to show cause for retention in a space force active status under subsection (b) of section 20501 of this title and who is de- termined under paragraph (1) to have estab- lished that the officer should be retained in a space force active status may again be re- quired to show cause for retention at any time. (B) An officer who has been required to show cause for retention in a space force active sta- tus under subsection (b) of section 20501 of this title and who is thereafter retained in an ac- tive status may not again be required to show cause for retention in a space force active sta- tus under such subsection solely because of conduct which was the subject of the previous proceedings, unless the findings or rec- ommendations of the retention board that considered the officer’s previous case are de- termined to have been obtained by fraud or collusion. (4) In the case of an officer described in para- graph (2) or paragraph (3)(A), the retention board may recommend that the officer be re- quired to complete additional training, profes- sional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the offi- cer’s performance within the Space Force. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 659; amended Pub. L. 118–159, div. A, title V, § 521(x), Dec. 23, 2024, 138 Stat. 1883.) Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159, § 521(x)(1), sub- stituted ‘‘That an Officer Has Failed to Establish That the Officer Should Be Retained’’ for ‘‘Than an Officer Has Failed to Establish That the Officer Should Be Re- tained’’ in heading and realigned margins. Subsec. (d). Pub. L. 118–159, § 521(x)(2), substituted ‘‘That’’ for ‘‘Than’’ in heading. § 20503. Removal of officer: action by Secretary upon recommendation of retention board The Secretary of the Air Force may remove an officer from space force active status if the re- moval of such officer from space force active status is recommended by a retention board con- vened under section 20502 of this title. (Added Pub. L. 118–31, div. A, title XVII, § 1719, Dec. 22, 2023, 137 Stat. 661.) § 20504. Rights and procedures (a) IN GENERAL.—Under regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 of this title to show cause for retention in a space force active sta- tus— (1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for re- tention in a space force active status; (2) shall be allowed a reasonable time, as de- termined by the board, to prepare the officer’s showing of cause for retention in a space force active status; (3) shall be allowed to appear either in per- son or through electronic means and to be rep-