10 U.S.C. § 9448
10 U.S.C. § 9448
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 9348 | 10:1092c. | June 30, 1950, ch. 421, §3, 64 Stat. 304. |
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 9448 was renumbered section 9498 of this title.
AMENDMENTS2023-Subsec. (a)(2)(A). Pub. L. 118-31, §1721(c)(3)(A), struck out "Regular" before "Space Force". Subsec. (a)(3). Pub. L. 118-31, §1721(c)(3)(B)(i), inserted ",or to terminate the officer's order to sustained duty in the Space Force" after "resign as a regular officer" in introductory provisions. Subsec. (a)(3)(A). Pub. L. 118-31, §1721(c)(3)(B)(ii), substituted "or will accept further assignment in a space force active status" for "or as a Reserve in the Space Force for service in the Space Force Reserve".Subsec. (a)(3)(B). Pub. L. 118-31, §1721(c)(3)(B)(iii), inserted ",or the Space Force," after "that reserve component".2022-Subsec. (a)(5). Pub. L. 117-263, §553(c)(1), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "That the cadet-"(A) will not seek release from the cadet's commissioned service obligation or seek or accept approval for off-duty employment while completing the cadet's commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and"(B) understands that the appointment alternative described in paragraph (2) will not be used to allow the cadet to obtain such employment until at least the end of that two-year period."Subsec. (b)(4). Pub. L. 117-263, §553(c)(2), added par. (4).Subsec. (c)(2) to (4). Pub. L. 117-263, §553(c)(3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.Subsec. (d). Pub. L. 117-263, §553(c)(4), substituted "with respect to a cadet" for "with respect to an officer who is a graduate of the Academy" and "cadet's" for "officer's".Subsec. (f). Pub. L. 117-263, §553(c)(5), substituted "each term" for "the terms". 2021-Subsec. (a)(2)(A). Pub. L. 116-283, §923(d) (11)(A), inserted "or the Regular Space Force" after "Regular Air Force".Subsec. (a)(3)(A). Pub. L. 116-283, §923(d) (11)(B), inserted "or as a Reserve in the Space Force for service in the Space Force Reserve" after "Air Force Reserve". 2019-Subsec. (a)(5)(A). Pub. L. 116-92 inserted "or seek or accept approval for off-duty employment while completing the cadet's commissioned service obligation" before "to obtain employment". 2018- Pub. L. 115-232 renumbered section 9348 of this title as this section.2017-Subsec. (a)(5). Pub. L. 115-91, §543(c), added par. (5).Subsec. (f). Pub. L. 115-91, §618(a)(1)(M), inserted "or 373" before "of title 37". 2011-Subsec. (a)(4). Pub. L. 111-383 added par. (4).2009-Subsec. (f). Pub. L. 111-84 substituted "subsection (a)" for "section (a)". 2006-Subsec. (f). Pub. L. 109-163 added subsec. (f).1996-Subsec. (a)(2)(B). Pub. L. 104-106 substituted "five years" for "six years". 1989-Subsec. (a)(2)(B). Pub. L. 101-189, §511(d), substituted "six years" for "five years".Subsec. (d). Pub. L. 101-189, §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, §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, §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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-263 only applicable to cadets or midshipmen who first enroll in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after June 1, 2021, see section 553(d) of Pub. L. 117-263, as added by section 202(a) of Pub. L. 117-328, set out as a note under section 7448 of this title.
EFFECTIVE DATE OF 2018 AMENDMENT 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.
EFFECTIVE DATE OF 2017 AMENDMENT Revised cadet and midshipman service agreements under this section and sections 7448 and 8459 of this title applicable to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on Dec. 12, 2017, and to persons who begin attendance at such military service academies on or after that date, see section 543(d) of Pub. L. 115-91, set out as a note under section 7448 of this title.
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 7448 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 7448 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 7448 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT; OBLIGATED PERIOD OF SERVICEFor 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 7448 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 7448 of this title.
SAVINGS PROVISION For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109-163, see section 687(f) of Pub. L. 109-163, set out as a note under section 510 of this title.
DEPARTMENT OF DEFENSE POLICY ON SERVICE ACADEMY AND ROTC GRADUATES SEEKING TO PARTICIPATE IN PROFESSIONAL SPORTS BEFORE COMPLETION OF THEIR ACTIVE-DUTY SERVICE OBLIGATIONS Secretary of Defense to prescribe, not later than July 1, 2007, Department of Defense policy on whether to authorize service academy and ROTC graduates to participate in professional sports before the completion of their obligations for service on active duty, see section 533 of Pub. L. 109-364, set out as a note under section 7448 of this title.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rating
- The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).
- space force active status
- The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
- sustained duty
- The term "sustained duty" means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force-(A) in the case of an officer-(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii) with the consent of the officer; and(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member's enlistment or reenlistment agreement.