
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC9348]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART III--TRAINING
 
              CHAPTER 903--UNITED STATES AIR FORCE ACADEMY
 
Sec. 9348. Cadets: agreement to serve as officer

    (a) Each cadet shall sign an agreement with respect to the cadet's 
length of service in the armed forces. The agreement shall provide that 
the cadet agrees to the following:
        (1) That the cadet will complete the course of instruction at 
    the Academy.
        (2) That upon graduation from the Academy the cadet--
            (A) will accept an appointment, if tendered, as a 
        commissioned officer of the Regular Air Force; and
            (B) will serve on active duty for at least five years 
        immediately after such appointment.

        (3) That if an appointment described in paragraph (2) is not 
    tendered or if the cadet is permitted to resign as a regular officer 
    before completion of the commissioned service obligation of the 
    cadet, the cadet--
            (A) will accept an appointment as a commissioned officer as 
        a Reserve in the Air Force for service in the Air Force Reserve; 
        and
            (B) will remain in that reserve component until completion 
        of the commissioned service obligation of the cadet.

    (b)(1) The Secretary of the Air Force may transfer to the Air Force 
Reserve, and may order to active duty for such period of time as the 
Secretary prescribes (but not to exceed four years), a cadet who 
breaches an agreement under subsection (a). The period of time for which 
a cadet is ordered to active duty under this paragraph may be determined 
without regard to section 651(a) of this title.
    (2) A cadet who is transferred to the Air Force Reserve under 
paragraph (1) shall be transferred in an appropriate enlisted grade or 
rating, as determined by the Secretary.
    (3) For the purposes of paragraph (1), a cadet shall be considered 
to have breached an agreement under subsection (a) if the cadet is 
separated from the Academy under circumstances which the Secretary 
determines constitute a breach by the cadet of the cadet's agreement to 
complete the course of instruction at the Academy and accept an 
appointment as a commissioned officer upon graduation from the Academy.
    (c) The Secretary of the Air Force shall prescribe regulations to 
carry out this section. Those regulations shall include--
        (1) standards for determining what constitutes, for the purpose 
    of subsection (b), a breach of an agreement under subsection (a);
        (2) procedures for determining whether such a breach has 
    occurred; and
        (3) standards for determining the period of time for which a 
    person may be ordered to serve on active duty under subsection(b).

    (d) In this section, the term ``commissioned service obligation'', 
with respect to an officer who is a graduate of the Academy, means the 
period beginning on the date of the officer's appointment as a 
commissioned officer and ending on the sixth anniversary of such 
appointment or, at the discretion of the Secretary of Defense, any later 
date up to the eighth anniversary of such appointment.
    (e)(1) This section does not apply to a cadet who is not a citizen 
or national of the United States.
    (2) In the case of a cadet who is a minor and who has parents or a 
guardian, the cadet may sign the agreement required by subsection (a) 
only with the consent of a parent or guardian.

(Aug. 10, 1956, ch. 1041, 70A Stat. 565; Pub. L. 88-276, Sec. 5(a), Mar. 
3, 1964, 78 Stat. 153; Pub. L. 88-647, title III, Sec. 301(25), Oct. 13, 
1964, 78 Stat. 1073; Pub. L. 98-525, title V, Secs. 541(c), 542(d), Oct. 
19, 1984, 98 Stat. 2529; Pub. L. 99-145, title V, Sec. 512(c), Nov. 8, 
1985, 99 Stat. 625; Pub. L. 101-189, div. A, title V, Sec. 511(d), title 
XVI, Sec. 1622(e)(5), Nov. 29, 1989, 103 Stat. 1439, 1605; Pub. L. 104-
106, div. A, title V, Sec. 531(c), Feb. 10, 1996, 110 Stat. 314.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
9348..................................  10:1092c.                            Ju
ne 30, 1950, ch. 421, Sec.  3, 64
                                                                              S
tat. 304.
-------------------------------------------------------------------------------
---------------------------------

    The word ``agreement'' is substituted for the word ``articles''. The 
words ``Hereafter'', ``appointed to the United States Military 
Academy'', ``engage'', and 10: 1092c (1st 25 words of clause (2) are 
omitted as surplusage. The word ``separated'' is substituted for the 
words ``discharged by competent authority''. The words ``if he is 
permitted to resign'' are substituted for the words ``in the event of 
the acceptance of his resignation'', since a resignation is effective 
only when accepted. The first 32 words of clause (3) are substituted for 
10:1092c (last 29 words of clause (3)). The last sentence is substituted 
for the words ``with the consent of his parents or guardian if he be a 
minor, and if any he have''.


                               Amendments

    1996--Subsec. (a)(2)(B). Pub. L. 104-106 substituted ``five years'' 
for ``six years''.
    1989--Subsec. (a)(2)(B). Pub. L. 101-189, Sec. 511(d), substituted 
``six years'' for ``five years''.
    Subsec. (d). Pub. L. 101-189, Sec. 1622(e)(5), inserted ``the term'' 
after ``In this section,''.
    1985--Pub. L. 99-145 amended section generally. Prior to amendment, 
section read as follows:
    ``(a) Each cadet who is a citizen or national of the United States 
shall sign an agreement that he will--
        ``(1) unless sooner separated from the Academy, complete the 
    course of instruction at the Academy;
        ``(2) accept an appointment and, unless sooner separated from 
    the service, serve as a commissioned officer of the Regular Air 
    Force for at least the five years immediately after graduation; and
        ``(3) accept an appointment as a commissioned officer as a 
    Reserve for service in the Air Force Reserve and, unless sooner 
    separated from the service, remain therein until at least the sixth 
    anniversary and, at the direction of the Secretary of Defense, up to 
    the eighth anniversary of his graduation, if an appointment in the 
    Regular Air Force is not tendered to him, or if he is permitted to 
    resign as a commissioned officer of that component before that 
    anniversary.
If the cadet is a minor and has parents or a guardian, he may sign the 
agreement only with the consent of the parents or guardian.
    ``(b) A cadet who does not fulfill his agreement under subsection 
(a) may be transferred by the Secretary of the Air Force to the Air 
Force Reserve in an appropriate enlisted grade and, notwithstanding 
section 651 of this title, may be ordered to active duty to serve in 
that grade for such period of time as the Secretary prescribes but not 
for more than four years.''
    1984--Subsec. (a). Pub. L. 98-525, Sec. 541(c), struck out ``, 
unless sooner separated,'' in introductory text before ``he will''; 
inserted in cl. (1) ``unless sooner separated from the Academy,''; and 
inserted ``, unless sooner separated from the service,'' in cls. (2) and 
(3).
    Subsec. (a)(3). Pub. L. 98-525, Sec. 542(d), substituted ``at least 
the sixth anniversary and, at the direction of the Secretary of Defense, 
up to the eighth anniversary'' for ``the sixth anniversary''.
    1964--Pub. L. 88-647 designated existing provisions as subsec. (a) 
and added subsec. (b).
    Subsec. (a)(2). Pub. L. 88-276 substituted ``five'' for ``three''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 applicable to persons first admitted to 
United States Military Academy, United States Naval Academy, and United 
States Air Force Academy after Dec. 31, 1991, see section 531(e) of Pub. 
L. 104-106, set out as a note under section 4348 of this title.


                    Effective Date of 1989 Amendment

    Amendment by section 511(d) of Pub. L. 101-189 applicable to persons 
who are first admitted to one of the military service academies after 
Dec. 31, 1991, see section 511(e) of Pub. L. 101-189, as amended, set 
out as a note under section 2114 of this title.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-145 (other than with respect to the 
authority of the Secretary of the Air Force to prescribe regulations) 
effective on the date on which regulations prescribed by the Secretary 
take effect and applicable to agreements entered into under this section 
on or after the effective date of such regulations and also with respect 
to each such agreement that was entered into before the effective date 
of such regulations by an individual who is a cadet on such date, see 
section 512(e) of Pub. L. 99-145, set out as a note under section 4348 
of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 541(c) of Pub. L. 98-525 applicable with 
respect to agreements entered into under this section before, on, or 
after Oct. 19, 1984, see section 541(d) of Pub. L. 98-525, set out as a 
note under section 4348 of this title.


      Effective Date of 1964 Amendment; Obligated Period of Service

    For effective date of amendment by Pub. L. 88-276, see section 5(c) 
of Pub. L. 88-276, set out as a note under section 4348 of this title.


                 Regulations Implementing 1985 Amendment

    Secretary of the Air Force to prescribe regulations required by 
subsec. (c) of this section as added by Pub. L. 99-145 not later than 
the end of the 90-day period beginning on Nov. 8, 1985, see section 
512(d) of Pub. L. 99-145, set out as a note under section 4348 of this 
title.
