10 U.S.C. § 8470a — Permanent professors: retirement for

Page 3275 TITLE 10—ARMED FORCES § 8470a 1 See References in Text note below. In subsection (b) the words ‘‘an officer in the grade of warrant officer, W–1,’’ are substituted for the words ‘‘a warrant officer’’ because the Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of all the former warrant officer (as distinguished from commissioned warrant officer) grades. The second sentence covers that part of the second proviso which relates to pay and makes reference to the Career Com- pensation Act of 1949, since it is that Act which governs entitlement to basic pay and the computation of cumu- lative years of creditable service. Retirement rights and reenlistment bonuses referred to in the second pro- viso are covered in the third sentence of this sub- section, giving recognition to the fact that the status of the members who are assigned as leader and second leader of the band remains unchanged in these respects. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6969 of this title as this section. 1962—Subsec. (b). Pub. L. 87–649 repealed first and sec- ond sentences which related to pay and allowances for the leader and second leader of the Naval Academy Band, and to crediting of service for pay purposes. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services. 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 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. § 8470. Permanent professors: promotion (a) PROMOTION.—An officer serving as a perma- nent professor may be recommended for pro- motion to the grade of captain or colonel, as the case may be, under regulations prescribed by the Secretary of the Navy. The regulations shall in- clude a competitive selection board process to identify those permanent professors best quali- fied for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate. (b) EFFECTIVE DATE OF PROMOTION.—If made, the promotion of an officer under subsection (a) shall be effective not earlier than three years after the selection of the officer as a permanent professor as described in that subsection. (Added Pub. L. 110–181, div. A, title V, § 508(a)(1)(B), Jan. 28, 2008, 122 Stat. 97, § 6970; re- numbered § 8470, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6970 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. § 8470a. Permanent professors: retirement for years of service; authority for deferral (a) RETIREMENT FOR YEARS OF SERVICE.—(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a perma- nent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for pro- motion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be re- tired on the first day of the month after the month in which the officer completes 28 years of active commissioned service. (2) Except as provided in subsection (b), an of- ficer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or briga- dier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer com- pletes 30 years of active commissioned service. (b) CONTINUATION ON ACTIVE DUTY.—(1) An offi- cer subject to retirement under subsection (a) may have his retirement deferred and be contin- ued on active duty by the Secretary of the Navy. (2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the pe- riod of any continuation on active duty under this section. (c) ELIGIBILITY FOR PROMOTION.—A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is contin- ued on active duty as a permanent professor under subsection (b) remains eligible for consid- eration for promotion to the grade of captain or colonel, as the case may be. (d) RETIRED GRADE AND RETIRED PAY.—Each officer retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 1 of this title; and (2) is entitled to retired pay computed under section 8333 of this title. (Added Pub. L. 109–163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110–181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renum- bered § 8470a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) Editorial Notes REFERENCES IN TEXT Section 1370 of this title, referred to in subsec. (d)(1), was repealed and new sections 1370 and 1370a of this title were enacted by Pub. L. 116–283, div. A, title V, § 508(a)(1), Jan. 1, 2021, 134 Stat. 3574, 3580. In deter- mining the retired grade of certain commissioned offi- cers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of this title in such deter- mination with respect to such officers deemed to be a reference to section 1370a of this title, see section 508(c) Page 3276 TITLE 10—ARMED FORCES § 8471 of Pub. L. 116–283, set out as a note under section 1370 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6970a of this title as this section. Subsec. (d)(2). Pub. L. 115–232, § 809(a), substituted ‘‘section 8333’’ for ‘‘section 6333’’. 2008—Pub. L. 110–181 renumbered section 6970 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. § 8471. Midshipmen’s store, trade shops, dairy, and laundry: nonappropriated fund instru- mentality and accounts (a) OPERATION AS NONAPPROPRIATED FUND IN- STRUMENTALITY.—The Superintendent of the Naval Academy shall operate the Naval Acad- emy activities referred to in subsection (b) as a nonappropriated fund instrumentality under the jurisdiction of the Navy. (b) COVERED ACTIVITIES.—The nonappropriated fund instrumentality required under subsection (a) shall consist of the following Naval Academy activities: (1) The midshipmen’s store. (2) The barber shop. (3) The cobbler shop. (4) The tailor shop. (5) The dairy (if any). (6) The laundry. (c) NONAPPROPRIATED FUND ACCOUNTS.—The Superintendent of the Naval Academy shall ad- minister a separate nonappropriated fund ac- count for each of the Naval Academy activities included in the nonappropriated fund instrumen- tality required under subsection (a). (d) CREDITING OF REVENUE.—The Super- intendent shall credit all revenue received from a Naval Academy activity referred to in sub- section (b) to the account administered with re- spect to that activity under subsection (c), and amounts so credited shall be available for oper- ating expenses of that activity. (e) REGULATIONS.—This section shall be car- ried out under regulations prescribed by the Secretary of the Navy. (Aug. 10, 1956, ch. 1041, 70A Stat. 435, § 6971; Pub. L. 89–718, § 38, Nov. 2, 1966, 80 Stat. 1120; Pub. L. 103–337, div. A, title III, § 376, Oct. 5, 1994, 108 Stat. 2736; Pub. L. 104–201, div. A, title III, § 370(a), Sept. 23, 1996, 110 Stat. 2498; Pub. L. 105–85, div. B, title XXVIII, § 2871(c)(1), Nov. 18, 1997, 111 Stat. 2015; renumbered § 8471, 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) 6971(a) ..... 34 U.S.C. 1108b (less last proviso). July 26, 1946, ch. 675, § 2 (less last proviso), 60 Stat. 704. 6971(b) ..... 34 U.S.C. 1106. Aug. 5, 1939, ch. 448, § 1, 53 Stat. 1210. In subsection (a) the second listing of the activities is omitted for brevity. In subsection (b) the words ‘‘including midshipmen’’ are omitted as surplusage. The words ‘‘are available for the maintenance of’’ are substituted for the words ‘‘are appropriated for the purpose of providing and maintain- ing’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6971 of this title as this section. 1997—Subsec. (b)(5). Pub. L. 105–85 inserted ‘‘(if any)’’ before period at end. 1996—Pub. L. 104–201 substituted ‘‘trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts’’ for ‘‘laundry, barber shop, cobbler shop, tai- lor shop, and dairy: disposition of funds’’ in section catchline and amended text generally. Prior to amend- ment, text consisted of one undesignated par. providing for deposit and expenditure of funds from operation of midshipmen’s store, including barber shop, cobbler shop, and tailor shop at Naval Academy, Academy dairy, and Academy laundry. 1994—Pub. L. 103–337 struck out ‘‘(a)’’ before ‘‘Funds collected from the operation of the midshipmen’s’’, substituted ‘‘the Academy dairy, and the Academy laundry’’ for ‘‘and the Academy dairy’’, and struck out subsec. (b) which read as follows: ‘‘Funds collected from the operation of the Academy laundry shall be ac- counted for as public funds and are available for the maintenance of necessary laundry service for Academy activities and personnel.’’ 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘person designated by the Secretary of the Navy under section 6970(b) of this title’’ for ‘‘Bureau of Supplies and Ac- counts’’. 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 1996 AMENDMENT Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 370(e) of Pub. L. 104–201, set out as a note under section 2105 of Title 5, Government Organization and Employees. § 8472. Chapel: crypt and window spaces The crypt and window spaces of the Naval Academy Chapel may be used only for memo- rials to officers of the Navy who have success- fully commanded a fleet or squadron in battle or who have received the thanks of Congress for conspicuously distinguished services in time of war. No memorial to an officer may be accepted for, or installed in, the crypt or window spaces until at least five years after the death of that officer. (Aug. 10, 1956, ch. 1041, 70A Stat. 435, § 6972; re- numbered § 8472, 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) 6972 ......... 34 U.S.C. 1111. Mar. 3, 1909, ch. 255, 35 Stat. 773 (2d par.). The words ‘‘United States’’ in connection with the chapel, the words ‘‘of the United States’’ in connection