Page:United States Statutes at Large Volume 99 Part 1.djvu/648

 99 STAT. 626

10 USC 651.

Regulations.

10 USC 4348 note.

10 USC 4348 note.

PUBLIC LAW 99-145—NOV. 8, 1985 "(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, '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.". (d) DEADLINE FOR REGULATIONS.—The Secretary of each military department shall prescribe the r ^ u l a t i o n s required by section 4348(c), 6959(c), or 9348(c), as appropriate, of title 10, United States Code (as added by the amendments made by subsections (a), (b), and (c)) not later than the end of the 90-day period beginning on the date of the enactment of this Act. (e) APPLICABILTFY OF AMENDMENTS.—The amendments made by subsections (a), (b), and (c) (other than with respect to the authority of the Secretary of a military department to prescribe r^ulations)-(1) shall take effect with respect to each military department on the date on which regulations prescribed by the Secretary of that military department in accordance with subsection (d) take effect; and (2) shall apply with respect to each agreement entered into under sections 4348, 6959, and 9348, respectively, of title 10,

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