10 U.S.C. § 9433a — Superintendent: condition for detail to

Page 3517 TITLE 10—ARMED FORCES § 9435 2018—Pub. L. 115–232 renumbered section 9333 of this title as this section. 1989—Subsec. (c). Pub. L. 101–189 substituted ‘‘director of admissions’’ for ‘‘registrar’’. 1958—Subsec. (c). Pub. L. 85–600 added subsec. (c). 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. § 9433a. Superintendent: condition for detail to position (a) RETIREMENT.—As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termi- nation of that detail the officer shall be retired pursuant to section 9321(a) of this title, unless such retirement is waived under section 9321(b) of this title. (b) MINIMUM TOUR OF DUTY.—An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an of- ficer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that po- sition, the Secretary of the Air Force shall sub- mit to Congress notice that such officer left the position of Superintendent without having com- pleted three years service in that position, to- gether with a statement of the reasons why that officer did not complete three years service in that position. (Added Pub. L. 106–65, div. A, title V, § 532(a)(3)(B), Oct. 5, 1999, 113 Stat. 603, § 9333a; amended Pub. L. 108–375, div. A, title V, § 541(b)(3), Oct. 28, 2004, 118 Stat. 1903; renum- bered § 9433a and amended Pub. L. 115–232, div. A, title VIII, §§ 806(a)(3), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 806(a)(3), renumbered section 9333a of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9321(a)’’ for ‘‘section 8921(a)’’ and ‘‘section 9321(b)’’ for ‘‘section 8921(b)’’. 2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted ‘‘pursuant to sec- tion 8921(a) of this title, unless such retirement is waived under section 8921(b) of this title’’ before period at end, and added subsec. (b). 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. APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5, 1999 Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title. § 9434. Command and supervision (a) The immediate government of the Acad- emy is under the Superintendent, who is also the commanding officer of the Academy and of the military post. (b) The permanent professors and the director of admissions exercise command only in the aca- demic department of the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9334; Pub. L. 85–600, § 1(21), Aug. 6, 1958, 72 Stat. 524; Pub. L. 101–189, div. A, title V, § 515(a)(3), Nov. 29, 1989, 103 Stat. 1441; renumbered § 9434, 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) 9334(a) ..... 10:1042. R.S. 1311. 9334(b) ..... 10:1079. June 28, 1902, ch. 1300 (1st proviso under ‘‘Perma- nent Establishment’’), 32 Stat. 409. In subsection (a), the words ‘‘and, in his absence, the next in rank’’ are omitted as surplusage. In subsection (b), reference to assimilated rank is omitted as superseded by section 9336 of this title. The words ‘‘and the associate professor’’ are omitted as ob- solete. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9334 of this title as this section. 1989—Subsec. (b). Pub. L. 101–189 substituted ‘‘direc- tor of admissions’’ for ‘‘registrar’’. 1958—Subsec. (b). Pub. L. 85–600 inserted reference to registrar. 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. § 9435. Dean of the Faculty (a) The Dean of the Faculty is responsible to the Superintendent for developing and sus- taining the curriculum and overseeing the fac- ulty of the Academy. The qualifications, selec- tion procedures, training, pay grade, and reten- tion of the Dean shall be prescribed by the Sec- retary of the Air Force, except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person’s academic field. If a person ap- pointed as the Dean is not an officer on active duty, the person shall be appointed as a member of the Senior Executive Service. (b) The retirement age of an officer appointed as Dean of the Faculty is that of a permanent professor of the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 562, § 9335; Pub. L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567;