10 U.S.C. § 8459 — Midshipmen: service obligation

Page 3268 TITLE 10—ARMED FORCES § 8459 tive duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 7446 of this title. § 8459. Midshipmen: service obligation (a) Each midshipman shall sign an agreement with respect to the midshipman’s length of serv- ice in the armed forces. The agreement shall provide that the midshipman agrees to the fol- lowing: (1) That the midshipman will complete the course of instruction at the Naval Academy. (2) That upon graduation from the Naval Academy the midshipman— (A) will accept an appointment, if ten- dered, as a commissioned officer of the Reg- ular Navy, the Regular Marine Corps, or the Regular Air Force; and (B) will serve on active duty for at least five years immediately after such appoint- ment. (3) That if an appointment described in para- graph (2) is not tendered or if the midshipman is permitted to resign as a regular officer be- fore completion of the commissioned service obligation of the midshipman, the mid- shipman— (A) will accept an appointment as a com- missioned officer in the Navy Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Re- serve; and (B) will remain in that reserve component until completion of the commissioned serv- ice obligation of the midshipman. (4) That if an appointment described in para- graph (2) or (3) is tendered and the mid- shipman participates in a program under sec- tion 2121 of this title, the midshipman will ful- fill 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 in- curred under section 2123 of this title for par- ticipation in such program. (5) That the midshipman may not obtain em- ployment as a professional athlete until two years after the midshipman graduates from the Academy. (b)(1) Subject to paragraph (4), the Secretary of the Navy may transfer to the Navy Reserve or the Marine Corps Reserve, and may order to ac- tive duty for such period of time as the Sec- retary prescribes (but not to exceed four years), a midshipman who breaches an agreement under 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 Navy Reserve or Marine Corps Reserve under paragraph (1) shall be transferred in an appro- priate enlisted grade or rating, as determined by the Secretary. (3) For the purposes of paragraph (1), a mid- shipman shall be considered to have breached an agreement under subsection (a) if the mid- shipman is separated from the Naval Academy under circumstances which the Secretary deter- mines 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 offi- cer upon graduation from the Naval Academy. (4) Each academic year, the Secretary of the Navy may transfer not more than three mid- shipmen, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Navy or the Selected Reserve of the Marine Corps. Each midshipman so trans- ferred shall— (A) serve as a commissioned officer— (i) in an appropriate grade or rating, deter- mined by the Secretary of the Navy; and (ii) for a period, determined by the Sec- retary of the Navy, 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 Navy shall prescribe regulations to carry out this section. Those reg- ulations shall include— (1) standards for determining what con- stitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); (2) that a midshipman who obtains employ- ment as a professional athlete— (A) in violation of paragraph (5) of sub- section (a) has breached an agreement under such subsection unless such midshipman re- ceives a transfer under paragraph (4) of sub- section (b); and (B) at least two years after the mid- shipman 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, ‘‘commissioned service ob- ligation’’, with respect to a midshipman, means the period beginning on the date of the mid- shipman’s appointment as a commissioned offi- cer and ending on the sixth anniversary of such appointment or, at the discretion of the Sec- retary of Defense, any later date up to the eighth anniversary of such appointment. (e)(1) This section does not apply to a mid- shipman 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 mid- shipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian. (f) A midshipman or former midshipman 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. 432, § 6959; Pub. L. 88–276, § 5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, § 301(19), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§ 541(b), 542(c), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, Page 3269 TITLE 10—ARMED FORCES § 8459 § 512(b), Nov. 8, 1985, 99 Stat. 624; Pub. L. 101–189, div. A, title V, § 511(c), Nov. 29, 1989, 103 Stat. 1439; Pub. L. 104–106, div. A, title V, § 531(b), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title V, § 515(b)(1)(S), title VI, § 687(c)(10), Jan. 6, 2006, 119 Stat. 3233, 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(b), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, § 543(b), title VI, § 618(a)(1)(L), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered § 8459, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 116–92, div. A, title V, § 554(b), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 117–263, div. A, title V, § 553(b), Dec. 23, 2022, 136 Stat. 2593; Pub. L. 118–159, div. A, title V, § 557(b), Dec. 23, 2024, 138 Stat. 1897.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6959 ......... 34 U.S.C. 1048. June 30, 1950, ch. 421, § 3, 64 Stat. 304. The words ‘‘Hereafter’’ and ‘‘appointed to the United States Naval Academy’’ are omitted as surplusage. The words ‘‘an agreement that * * * he will’’ are sub- stituted for the words ‘‘articles * * * by which he shall engage’’. The word ‘‘separated’’ is substituted for the words ‘‘discharged by competent authority’’. The words ‘‘if tendered an appointment’’, ‘‘upon graduation from the United States Naval Academy’’, and ‘‘consecutive’’ are omitted as surplusage. The words ‘‘if he is per- mitted to resign’’ are substituted for the words ‘‘in the event of the acceptance of his resignation’’, since a res- ignation is effective only if accepted. The first 43 words of clause (3) are substituted for 34 U.S.C. 1048 (last 30 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.’’ Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 557(b)(1), substituted ‘‘service obligation’’ for ‘‘agreement for length of service’’ in section catchline. Subsec. (b)(1). Pub. L. 118–159, § 557(b)(2)(A), sub- stituted ‘‘Subject to paragraph (4), the Secretary of the Navy’’ for ‘‘The Secretary of the Navy’’. Subsec. (b)(4). Pub. L. 118–159, § 557(b)(2)(B), added par. (4) and struck out former par. (4) which read as follows: ‘‘A midshipman who violates paragraph (5) of sub- section (a) is not eligible for the alternative obligation under paragraph (1).’’ Subsec. (c)(2)(A). Pub. L. 118–159, § 557(b)(3), inserted ‘‘unless such midshipman receives a transfer under paragraph (4) of subsection (b)’’ before ‘‘; and’’. Subsec. (f). Pub. L. 118–159, § 557(b)(4), substituted ‘‘an alternative obligation’’ for ‘‘the alternative obliga- tion’’. 2022—Subsec. (a)(5). Pub. L. 117–263, § 553(b)(1), amend- ed par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘That the midshipman— ‘‘(A) will not seek release from the midshipman’s commissioned service obligation or seek or accept ap- proval for off-duty employment while completing the midshipman’s commissioned service obligation to ob- tain employment as a professional athlete following graduation until the midshipman 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 midshipman to obtain such employment until at least the end of that two-year period.’’ Subsec. (b)(4). Pub. L. 117–263, § 553(b)(2), added par. (4). Subsec. (c)(2) to (4). Pub. L. 117–263, § 553(b)(3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (d). Pub. L. 117–263, § 553(b)(4), substituted ‘‘with respect to a midshipman’’ for ‘‘with respect to an officer who is a graduate of the Academy’’ and ‘‘mid- shipman’s’’ for ‘‘officer’s’’. Subsec. (f). Pub. L. 117–263, § 553(b)(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 midshipman’s commissioned service ob- ligation’’ before ‘‘to obtain employment’’. 2018—Pub. L. 115–232 renumbered section 6959 of this title as this section. 2017—Subsec. (a)(5). Pub. L. 115–91, § 543(b), added par. (5). Subsec. (f). Pub. L. 115–91, § 618(a)(1)(L), 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 ‘‘sub- section (a)’’ for ‘‘section (a)’’. 2006—Subsecs. (a)(3)(A), (b)(1), (2). Pub. L. 109–163, § 515(b)(1)(S), substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. Subsec. (f). Pub. L. 109–163, § 687(c)(10), 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 substituted ‘‘six years’’ for ‘‘five years’’. 1985—Pub. L. 99–145 amended section generally. Prior to amendment, section read as follows: ‘‘(a) Each midshipman who is a citizen or national of the United States shall sign an agreement that he will— ‘‘(1) unless sooner separated from the Naval Acad- emy, complete the course of instruction at the Naval Academy; ‘‘(2) accept an appointment and, unless sooner sepa- rated from the naval service, serve as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force for at least five years immediately after graduation; and ‘‘(3) accept an appointment as a commissioned offi- cer in the reserve component of the Navy or the Ma- rine Corps or as a Reserve in the Air Force for service in the Air Force Reserve and, unless sooner separated from the naval service, remain therein until at least the sixth anniversary and, at the direction of the Sec- retary of Defense, up to the eighth anniversary of his graduation if an appointment in the regular compo- nent 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 midshipman 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 midshipman who does not fulfill his agreement under subsection (a) may be transferred by the Sec- retary of the Navy to the Naval Reserve or the Marine Corps Reserve in an appropriate enlisted grade or rat- ing, and, notwithstanding section 651 of this title, may be ordered to active duty to serve in that grade or rat- ing for such period of time as the Secretary prescribes but not for more than four years.’’ 1984—Subsec. (a). Pub. L. 98–525, § 541(b), struck out ‘‘, unless sooner separated,’’ in introductory text pre- ceding ‘‘he will’’; inserted in cl. (1) ‘‘unless sooner sepa- rated from the Naval Academy,’’; and inserted ‘‘, unless sooner separated from the naval service,’’ in cls. (2) and (3). Subsec. (a)(3). Pub. L. 98–525, § 542(c), 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’’. Page 3270 TITLE 10—ARMED FORCES § 8460 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–263 only applicable to ca- dets 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 9448 of this title applicable to cadets and midshipmen who are at- tending 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 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 re- spect to the authority of the Secretary of the Navy to prescribe regulations) effective on the date on which regulations prescribed by the Secretary take effect and applicable to agreements entered into under this sec- tion 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 regula- tions by an individual who is a midshipman 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(b) of Pub. L. 98–525 appli- cable 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 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 7448 of this title. REGULATIONS IMPLEMENTING 1985 AMENDMENT Secretary of the Navy to prescribe regulations re- quired by subsec. (c) of this section as added by Pub. L. 99–145 not later than the end of the 90-day period begin- ning 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 repay- ment of any bonus, incentive pay, special pay, or simi- lar 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 ACAD- EMY 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 au- thorize service academy and ROTC graduates to par- ticipate 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. § 8460. Midshipmen: clothing and equipment; uni- form allowance The Secretary of the Navy may prescribe the amount to be credited to a midshipman, upon original admission to the Naval Academy, for the cost of his initial issue of clothing and equipment. That amount shall be deducted from his pay. If a midshipman is discharged before graduation while owing the United States for pay advanced for the purchase of required cloth- ing and equipment, he shall turn in as much of his clothing and equipment of a distinctively military nature as is necessary to repay the amount advanced. If the value of the clothing and equipment turned in does not cover the amount owed, the indebtedness shall be can- celed. (Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6960; re- numbered § 8460, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6960 ......... 34 U.S.C. 1052a. Aug. 22, 1951, ch. 340, § 1, 65 Stat. 196. The word ‘‘new’’ before ‘‘midshipmen’’ and the word ‘‘subsequently’’ after ‘‘deducted’’ are omitted as sur- plusage. The words ‘‘while owing the United States for pay advanced for the purchase of’’ are substituted for the words ‘‘who is indebted to the United States on ac- count of advances of pay to purchase’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6960 of this title as this section. Statutory Notes and Related Subsidiaries 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. § 8461. Midshipmen: dismissal for best interests of the service (a) Whenever the Superintendent of the Naval Academy believes that the continued presence of any midshipman at the Academy is contrary to the best interest of the service, he shall report in writing to the Secretary of the Navy a full