10 U.S.C. § 9435 — Dean of the Faculty

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; Page 3518 TITLE 10—ARMED FORCES § 9436 Pub. L. 99–661, div. A, title V, § 508(c), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 102–484, div. A, title V, § 521(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, § 533(b), Oct. 5, 1999, 113 Stat. 605; Pub. L. 108–136, div. A, title V, § 529(a), (b), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 108–375, div. A, title V, § 542, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 114–328, div. A, title V, § 502(qq), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, § 507(b), Dec. 12, 2017, 131 Stat. 1375; renumbered § 9435, Pub. L. 115–232, div. A, title VIII, § 806(a)(3), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 9335(a) ..... 9335(b) ..... 10:1089 (2d sentence). 10:1089 (less 1st 20 words, and less 2d sentence). June 26, 1946, ch. 495, § 3 (less 1st 20 words), 60 Stat. 312. In subsection (b), the word ‘‘grade’’ is substituted for the word ‘‘rank’’. The words ‘‘pay, allowances’’ are omitted, since they are determined by the grade held. The words ‘‘retirement rights’’ are omitted as covered by the word ‘‘benefits’’. The words ‘‘There is author- ized’’, ‘‘from time to time’’, and ‘‘statutory’’ are omit- ted as surplusage. So much of 10:1089 as relates to the duties of the Dean of the Faculty is omitted as covered by section 8012(e) of this title. 1958 ACT The word ‘‘regular’’ is deleted [in sections 9335 and 9336] to make clear that a Dean or professor of the United States Air Force Academy holds only the office of ‘‘Dean’’ or ‘‘professor’’ and not the office of ‘‘briga- dier general’’ or ‘‘colonel’’, as the case may be, even though he is entitled to the pay and allowances of that grade. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 9335 of this title as this section. 2017—Subsec. (b). Pub. L. 115–91 substituted ‘‘ap- pointed as Dean of the Faculty’’ for ‘‘so appointed’’. 2016—Subsec. (b). Pub. L. 114–328 struck out first and third sentences which read ‘‘While serving as Dean of the Faculty, an officer on active duty who holds a grade lower than brigadier general (or the equivalent) shall hold the grade of brigadier general (or the equiva- lent), if appointed to that grade by the President, by and with the advice and consent of the Senate.’’ and ‘‘An officer so appointed is counted for purposes of the applicable limitation in section 526(a) of this title on general officers on active duty.’’, respectively. 2004—Subsec. (a). Pub. L. 108–375 inserted ‘‘, 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’’ after ‘‘Secretary of the Air Force’’. 2003—Subsec. (a). Pub. L. 108–136, § 529(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Dean of the Faculty shall be ap- pointed as an additional permanent professor from the permanent professors who have served as heads of de- partments of instruction at the Academy.’’ Subsec. (b). Pub. L. 108–136, § 529(b), in first sentence, substituted ‘‘on active duty’’ for ‘‘of the Air Force’’ and inserted ‘‘(or the equivalent)’’ after ‘‘brigadier general’’ in two places and, in last sentence, inserted ‘‘applica- ble’’ before ‘‘limitation’’ and struck out ‘‘of the Air Force’’ after ‘‘general officers’’. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a) and added subsec. (b). 1992—Pub. L. 102–484 designated subsec. (a) as entire section and struck out subsec. (b) which read as fol- lows: ‘‘The Dean has the grade of brigadier general while serving in such position, with the benefits au- thorized for regular brigadier generals of the Air Force, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the re- tirement age of an officer so appointed is that of a per- manent professor of the Academy.’’ 1986—Subsec. (b). Pub. L. 99–661 amended subsec. (b) generally, substituting ‘‘while serving in such posi- tion’’ for ‘‘while serving as such’’ and ‘‘if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed’’ for ‘‘except that his retirement age’’. 1958—Subsec. (b). Pub. L. 85–861 substituted ‘‘the grade of brigadier general’’ for ‘‘the regular grade of brigadier general’’. 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 Amendment by Pub. L. 108–136 applicable with re- spect to any Dean of the Faculty of the United States Air Force Academy selected on or after Nov. 24, 2003, see section 529(d) of Pub. L. 108–136, set out as a note under section 9431 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99–661, set out as an Ef- fective Date note under section 12210 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. § 9436. Permanent professors; director of admis- sions (a) A permanent professor of the Academy who is the head of a department of instruction, or who has served as such a professor for more than six years, has the grade of colonel in the Air Force or the Space Force. However, a permanent professor appointed from the Regular Air Force or the Space Force has the grade of colonel after the date when such person completes six years of service as a professor, or after the date on which such person would have been promoted had such person been selected for promotion from among officers in the promotion zone, whichever is earlier. All other permanent profes- sors have the grade of lieutenant colonel in the Air Force or the Space Force. (b) A person appointed as director of admis- sions of the Academy has the regular grade of lieutenant colonel in the Air Force or the grade of lieutenant colonel in the Space Force, and, after such person has served six years as direc- tor of admissions, has the regular grade of colo- nel in the Air Force or the grade of lieutenant colonel in the Space Force. However, a person appointed from the Regular Air Force has the regular grade of colonel and a person appointed from the Space Force has the grade of colonel in the Space Force after the date when such person