10 U.S.C. § 9431 — Establishment; Superintendent; faculty

Page 3515 TITLE 10—ARMED FORCES § 9431 2016—Pub. L. 114–328, div. A, title V, § 591(b), title XII, § 1248(b)(2)(C), Dec. 23, 2016, 130 Stat. 2152, 2525, struck out items 9337 ‘‘Chaplain’’, 9344 ‘‘Selection of persons from foreign countries’’, 9345 ‘‘Exchange program with foreign military academies’’, and 9345a ‘‘Foreign and cultural exchange activities’’. 2009—Pub. L. 111–84, div. A, title V, § 528(b), Oct. 28, 2009, 123 Stat. 2290, added item 9362. 2008—Pub. L. 110–417, [div. A], title V, § 541(c)(2), Oct. 14, 2008, 122 Stat. 4456, added item 9345a. 2006—Pub. L. 109–364, div. A, title X, § 1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, made technical correction to di- rectory language of Pub. L. 108–375, § 544(c)(2). See 2004 Amendment note below. Pub. L. 109–364, div. A, title V, § 532(d)(3), Oct. 17, 2006, 120 Stat. 2206, added item 9361. 2004—Pub. L. 108–375, div. A, title V, § 545(c)(2), Oct. 28, 2004, 118 Stat. 1909, added item 9360. Pub. L. 108–375, div. A, title V, § 544(c)(2), Oct. 28, 2004, 118 Stat. 1907, as amended by Pub. L. 109–364, div. A, title X, § 1071(g)(2), Oct. 17, 2006, 120 Stat. 2402, added item 9359. 1999—Pub. L. 106–65, div. A, title V, § 532(a)(4)(F), div. B, title XXVIII, § 2871(c)(2), Oct. 5, 1999, 113 Stat. 604, 877, added items 9333a and 9356. 1998—Pub. L. 105–261, div. A, title X, § 1063(c)(2), Oct. 17, 1998, 112 Stat. 2132, added item 9357. 1997—Pub. L. 105–85, div. A, title V, § 542(c)(2), Nov. 18, 1997, 111 Stat. 1743, added item 9345. 1996—Pub. L. 104–106, div. A, title V, § 533(c)(2), Feb. 10, 1996, 110 Stat. 315, struck out item 9356 ‘‘Athletics program: athletic director; nonappropriated fund ac- count’’. 1994—Pub. L. 103–337, div. A, title V, § 556(c)(2), Oct. 5, 1994, 108 Stat. 2775, added item 9356. 1993—Pub. L. 103–160, div. A, title V, § 533(b)(2), Nov. 30, 1993, 107 Stat. 1658, added item 9338. 1989—Pub. L. 101–189, div. A, title V, § 515(b)(2), Nov. 29, 1989, 103 Stat. 1441, substituted ‘‘director of admis- sions’’ for ‘‘registrar’’ in item 9336. 1983—Pub. L. 98–94, title X, § 1004(c)(3), Sept. 24, 1983, 97 Stat. 660, substituted ‘‘Selection of persons from for- eign countries’’ for ‘‘Selection of persons from Canada and American Republics’’ in item 9344, and struck out item 9345 ‘‘Selection of Filipinos’’. 1981—Pub. L. 97–60, title II, § 203(c)(2)(B), Oct. 14, 1981, 95 Stat. 1006, added item 9341a. 1958—Pub. L. 85–600, § 1(23), Aug. 6, 1958, 72 Stat. 524, inserted ‘‘; registrar’’ in item 9336. § 9431. Establishment; Superintendent; faculty (a) There is in the Department of the Air Force an Air Force Academy (hereinafter in this chapter referred to as the ‘‘Academy’’) for the instruction and preparation for military service of selected persons called ‘‘cadets’’. The organi- zation of the Academy shall be prescribed by the Secretary of the Air Force. (b) There shall be at the Academy the fol- lowing: (1) A Superintendent. (2) A Dean of the Faculty. (3) A Commandant of Cadets. (4) 25 permanent professors. (5) A chaplain. (6) A director of admissions. (Aug. 10, 1956, ch. 1041, 70A Stat. 561, § 9331; Pub. L. 85–600, § 1(19), Aug. 6, 1958, 72 Stat. 523; Pub. L. 96–513, title V, § 514(10), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 101–189, div. A, title V, § 515(a)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 102–484, div. A, title V, § 523(b), Oct. 23, 1992, 106 Stat. 2410; Pub. L. 103–160, div. A, title V, § 533(b)(3), Nov. 30, 1993, 107 Stat. 1658; Pub. L. 108–136, div. A, title V, § 529(c)(1), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 110–417, [div. A], title V, § 545, Oct. 14, 2008, 122 Stat. 4466; renumbered § 9431, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title V, § 573, title IX, § 923(d)(7), Jan. 1, 2021, 134 Stat. 3644, 3814.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9331(a) ..... 9331(b) ..... 10:1851. 10:1854. 10:1061. R.S. 1309; Feb. 18, 1896, ch. 22 (less proviso), 29 Stat. 8. 10:1087. 10:1089 (1st 20 words). June 26, 1946, ch. 495, §§ 1, 3 (1st 20 words), 60 Stat. 312. Apr. 1, 1954, ch. 127, §§ 2, 5, 68 Stat. 47, 48. In subsection (b), reference to the senior instructors of artillery, cavalry, and infantry, and the master of the sword, in 10:1061, are omitted as obsolete. The names of the other departments are omitted as inappli- cable to the Air Force. The departmental names will be established under section 9332 of this title. The words ‘‘and one assistant professor’’, in 10:1061, are omitted as superseded by section 9333 of this title. 10:1061 (words before colon) is omitted as inapplicable to the Air Force. 10:1854 (less last sentence) is omitted as executed by the inclusion in this chapter of the laws applicable to the Air Force Academy. 10:1087 (proviso) is omitted as inapplicable to the Air Force. Subsection (b)(3) is based on those laws establishing the various departments at the United States Military Academy (see revision note for section 4331 of this title). Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 923(d)(7), sub- stituted ‘‘cadets’’ for ‘‘Air Force cadets’’. Subsec. (b)(4). Pub. L. 116–283, § 573, substituted ‘‘25’’ for ‘‘23’’. 2018—Pub. L. 115–232 renumbered section 9331 of this title as this section. 2008—Subsec. (b)(4). Pub. L. 110–417 substituted ‘‘23 permanent professors’’ for ‘‘21 permanent professors’’. 2003—Subsec. (b)(2). Pub. L. 108–136 substituted ‘‘Dean of the Faculty’’ for ‘‘dean of the Faculty, who is a per- manent professor’’. 1993—Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows: ‘‘(1) The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary considers necessary. ‘‘(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. ‘‘(3) The Secretary may delegate the authority con- ferred by this subsection to any person in the Depart- ment of the Air Force to the extent the Secretary con- siders proper. Such delegation may be made with or without the authority to make successive redelega- tions.’’ 1992—Subsec. (c). Pub. L. 102–484 added subsec. (c). 1989—Subsec. (b)(6). Pub. L. 101–189 substituted ‘‘di- rector of admissions’’ for ‘‘registrar’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘(herein- after in this chapter referred to as the ‘Academy’)’’ for ‘‘, in this chapter called the ‘Academy’,’’. 1958—Subsec. (b)(6). Pub. L. 85–600 added par. (6). 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. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title V, § 529(d), Nov. 24, 2003, 117 Stat. 1472, provided that: ‘‘The amendments made Page 3516 TITLE 10—ARMED FORCES § 9432 by this section [amending this section and sections 9335 and 9336 of this title] shall apply with respect to any Dean of the Faculty of the United States Air Force Academy selected on or after the date of the enactment of this Act [Nov. 24, 2003].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. APPROPRIATIONS FOR THE AIR FORCE ACADEMY AFTER AUGUST 1, 1964; REQUIREMENT OF AUTHORIZATION IN SUBSEQUENT LEGISLATION; APPROPRIATIONS FOR AD- VANCE PLANNING AND MINOR CONSTRUCTION Pub. L. 88–390, title VI, § 608, Aug. 1, 1964, 78 Stat. 364, provided that: ‘‘Notwithstanding the provisions of sec- tion 9 of the Act of April 1, 1954 (Public Law 325) as amended [set out below], no funds may be appropriated after the date of enactment of this Act [Aug. 1, 1964] for construction at the Air Force Academy unless appro- priation of such funds has been authorized in this Act [Military Construction Authorization Act, 1965] or any Act enacted after the date of enactment of this Act: Provided, That funds are authorized to be appropriated to accomplish advance planning and minor construc- tion at the Air Force Academy in the same manner as for other projects under the Act of September 28, 1951, as amended (31 U.S.C. 723) [10 U.S.C. 2661a(a)], and title 10, United States Code, section 2674, as amended.’’ APPROPRIATIONS FOR AIR FORCE ACADEMY Act Apr. 1, 1954, ch. 127, 68 Stat. 47, which established the Air Force Academy, provided by section 9 of such act, as amended by act Aug. 3, 1956, ch. 939, title IV, § 413(b), 70 Stat. 1018, and by Pub. L. 85–241, title V, § 508, Aug. 30, 1957, 71 Stat. 559; Pub. L. 85–685, title III, § 309, Aug. 20, 1958, 72 Stat. 659; Pub. L. 87–57, title III, § 304, June 27, 1961, 75 Stat. 108; Pub. L. 90–408, title III, § 304, July 21, 1968, 82 Stat. 385, that there was authorized to be appropriated not to exceed the sum of $141,978,000 to carry out the provisions of that Act, of which not to ex- ceed $26,000,000 was to be the amount so appropriated for any such period, not to exceed $1,858,000 might be utilized for the purpose of section 4 of this Act [set out below]. TEMPORARY BUILDINGS AND FACILITIES Act Apr. 1, 1954, ch. 127, § 4, 68 Stat. 47, provided that for the purpose of providing temporary facilities and enabling early operation of the Academy, the Secretary of the Air Force was authorized to provide for the erec- tion of the minimum additional number of temporary buildings and the modification of existing structures and facilities at an existing Air Force base and to pro- vide for the proper functioning, equipping, maintain- ing, and repairing thereof; and to contract with civilian institutions for such operation or instruction as he deemed necessary. § 9432. Departments and professors: titles The Secretary of the Air Force may prescribe the titles of each of the departments of instruc- tion and the professors of the Academy. How- ever, the change of the title of a department or officer does not affect the status, rank, or eligi- bility for promotion or retirement of, or other- wise prejudice, a professor at the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9332; re- numbered § 9432, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9332 ......... 10:1061a. Dec. 14, 1942, ch. 729, 56 Stat. 1049. The words ‘‘now or after December 14, 1942, estab- lished at’’ are omitted as surplusage. The word ‘‘prece- dence’’ is omitted as covered by the word ‘‘rank’’. The words ‘‘pay, allowances’’ are omitted, since they are de- termined by the grade held. The words ‘‘from time to time’’, ‘‘shall be known’’, and ‘‘operate in any case or on any account’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9332 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. § 9433. Superintendent; faculty: appointment and detail (a) The Superintendent and the Commandant of Cadets of the Academy shall be detailed to those positions by the President from the offi- cers of the Air Force or the Space Force. (b) The permanent professors of the Academy shall be appointed by the President, by and with the advice and consent of the Senate. (c) The director of admissions of the Academy shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Air Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9333; Pub. L. 85–600, § 1(20), Aug. 6, 1958, 72 Stat. 523; Pub. L. 101–189, div. A, title V, § 515(a)(2), Nov. 29, 1989, 103 Stat. 1441; renumbered § 9433, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116–283, div. A, title IX, § 923(d)(8), Jan. 1, 2021, 134 Stat. 3814.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 9333(a) ..... 10:1062. R.S. 1313. 9333(b) ..... 10:1063. R.S. 1314 (words before semicolon). In subsection (a), the word ‘‘detailed’’ is substituted for the word ‘‘selected’’, since historically the offices of superintendent and commandant of cadets have been filled by detail. The words ‘‘the officers of the Air Force’’ are substituted for the words ‘‘any arm of the service’’, since the Air Force does not have statutory arms or corps. 10:1063 (1st sentence and 1st 26 words of last sentence) is omitted as covered by section 8012 of this title. In subsection (b), the words ‘‘by and with the advice and consent of the Senate’’ are inserted, since many of the statutes establishing particular permanent profes- sorships from time to time have so provided, and his- torically it has been the uniform practice to make these appointments in this manner. 10:1063 (last 14 words) is omitted as obsolete and as covered by section 9349(b) of this title. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’.