Page:United States Statutes at Large Volume 99 Part 1.djvu/647

 PUBLIC LAW 99-145—NOV. 8, 1985 subsection (a). The period of time for which a midshipman is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title. "(2) A midshipman who is transferred to the Naval Reserve or Marine Corps 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 midshipman shall be considered to have breached an agreement under subsection (a) if the midshipman is separated from the Naval Academy under circumstances which the Secretary determines constitute a breach by the midshipman of the midshipman's agreement to complete the course of instruction at the Naval Academy and accept an appointment as a commissioned officer upon graduation from the Naval Academy. "(c) The Secretary of the Navy 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, '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)(l) This section does not apply to a midshipman who is not a citizen or national of the United States. "(2) In the case of a midshipman who is a minor and who has parents or a guardian, the midshipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian.". (c) Am FORCE ACADEMY.—Section 9348 of such title, relating to agreements of cadets at the United States Air Force Academy, is amended to read as follows: "(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 R e ^ l a r 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—
 * § 9348. Cadets: agreement to serve as officer

99 STAT. 625

10 USC 651.

Regulations.

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10 USC 9348.

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