§ 7448. Cadets: service obligation
§ 7448. Cadets: service obligation
(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 Army or 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 for service in the Army Reserve or the Air Force Reserve; and
(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
(4) That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.
(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy.
(b)
(1) Subject to paragraph (4), the Secretary of the Army may transfer to the Army 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 Army 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.
(4) Each academic year, the Secretary of the Army may transfer not more than five cadets, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Army. Each cadet so transferred shall—
(A) serve as a commissioned officer—
(i) in an appropriate grade or rating, determined by the Secretary of the Army; and
(ii) for a period, determined by the Secretary of the Army, not longer than 10 years; and
(B) while so serving, participate in efforts to recruit and retain members of the armed forces.
(c) The Secretary of the Army 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) that a cadet who obtains employment as a professional athlete—
(A) in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection unless such cadet receives a transfer under paragraph (4) of subsection (b); and
(B) at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a);
(3) procedures for determining whether such a breach has occurred; and
(4) 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 a cadet, means the period beginning on the date of the cadet’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.
(f) A cadet or former cadet who does not fulfill each term of the agreement as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
(Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4348; Pub. L. 88–276, § 5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, § 301(9), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§ 541(a), 542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, § 512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101–189, div. A, title V, § 511(b), title XVI, § 1622(e)(5), Nov. 29, 1989, 103 Stat. 1439, 1605; Pub. L. 104–106, div. A, title V, § 531(a), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title VI, § 687(c)(9), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 111–84, div. A, title X, § 1073(a)(29), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title V, § 554(a), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, § 543(a), title VI, § 618(a)(1)(K), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered § 7448, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–92, div. A, title V, § 554(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 117–263, div. A, title V, § 553(a), Dec. 23, 2022, 136 Stat. 2592; Pub. L. 118–159, div. A, title V, § 557(a), Dec. 23, 2024, 138 Stat. 1896; Pub. L. 119–60, div. A, title V, § 556(a), Dec. 18, 2025, 139 Stat. 878.)
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 31 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”.
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 4348 | 10:1092c. | June 30, 1950, ch. 421, § 3, 64 Stat. 304. |
Editorial Notes
Amendments
2025—Subsec. (b)(4). Pub. L. 119–60 substituted “five” for “three”.
2024—Pub. L. 118–159, § 557(a)(1), substituted “service obligation” for “agreement to serve as officer” in section catchline.
Subsec. (b)(1). Pub. L. 118–159, § 557(a)(2)(A), substituted “Subject to paragraph (4), the Secretary of the Army” for “The Secretary of the Army”.
Subsec. (b)(4). Pub. L. 118–159, § 557(a)(2)(B), added par. (4) and struck out former par. (4) which read as follows: “A cadet who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).”
Subsec. (c)(2)(A). Pub. L. 118–159, § 557(a)(3), inserted “unless such cadet receives a transfer under paragraph (4) of subsection (b)” before “; and”.
Subsec. (f). Pub. L. 118–159, § 557(a)(4), substituted “an alternative obligation” for “the alternative obligation”.
2022—Subsec. (a)(5). Pub. L. 117–263, § 553(a)(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 (3) 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(a)(2), added par. (4).
Subsec. (c)(2) to (4). Pub. L. 117–263, § 553(a)(3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (d). Pub. L. 117–263, § 553(a)(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(a)(5), substituted “each term” for “the terms”.
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 4348 of this title as this section.
2017—Subsec. (a)(5). Pub. L. 115–91, § 543(a), added par. (5).
Subsec. (f). Pub. L. 115–91, § 618(a)(1)(K), 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(b), 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 Army or 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 Army Reserve or 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 component of that armed 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 Army to the Army 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(a), 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, § 524(b), 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
Pub. L. 117–263, div. A, title V, § 553(d), as added by Pub. L. 117–328, div. O, title II, § 202(a), Dec. 29, 2022, 136 Stat. 5227, provided that: “The amendments made by this section [amending this section and sections 8459 and 9448 of this title] shall only apply with respect to a cadet or midshipman who first enrolls in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after June 1, 2021.”
[Pub. L. 117–328, div. O, title II, § 202(b), Dec. 29, 2022, 136 Stat. 5227, provided that: “The amendment made by subsection (a) [enacting section 553(d) of Pub. L. 117–263, set out above] shall take effect on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 [Pub. L. 117–263, approved Dec. 23, 2022] and apply as if originally included in the enactment of such Act.” ]
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
Pub. L. 115–91, div. A, title V, § 543(d), Dec. 12, 2017, 131 Stat. 1396, provided that: “The Secretaries of the military departments shall promptly revise the cadet and midshipman service agreements under sections 4348, 6959, and 9348 [now 7448, 8459, and 9448] of title 10, United States Code, to reflect the amendments made by this section [amending this section and sections 6959 and 9348 of this title]. The revised agreement shall apply 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 the date of the enactment of this Act [Dec. 12, 2017] and to persons who begin attendance at such military service academies on or after that date.”
Effective Date of 1996 Amendment
Pub. L. 104–106, div. A, title V, § 531(e), Feb. 10, 1996, 110 Stat. 314, provided that: “The amendments made by this section [amending this section and sections 6959 and 9348 of this title] apply to persons first admitted to the United States Military Academy, United States Naval Academy, and United States Air Force Academy after December 31, 1991.”
Effective Date of 1989 Amendment
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