10 U.S.C. § 7437 — Chaplain

Page 3060 TITLE 10—ARMED FORCES § 7437 years of service as director of admissions, or after the date on which he would have been pro- moted had he been selected for promotion from among officers in the promotion zone, whichever is earlier. (Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4336; Pub. L. 85–600, § 1(11), Aug. 6, 1958, 72 Stat. 523; Pub. L. 85–861, § 33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 95–551, §§ 2, 4(a), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 96–513, title II, § 218(a), title V, § 502(25), Dec. 12, 1980, 94 Stat. 2886, 2911; Pub. L. 98–525, title V, § 533(d)(1), Oct. 19, 1984, 98 Stat. 2528; renumbered § 7436, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 4336 ......... 10:1079a(a). Aug. 7, 1947, ch. 512, § 520(a), 61 Stat. 912. The word ‘‘grade’’ is substituted for the word ‘‘rank’’. The words ‘‘pay, and allowances’’ are omitted, since they are determined by the grade held. 10:1079a (a) (last proviso), and the words ‘‘Hereafter each of’’, ‘‘who have been or may hereafter be’’, and ‘‘and appointed in’’ are omitted as surplusage. 1958 ACT The word ‘‘regular’’ is deleted [in sections 4335 and 4336] to make clear that a Dean or professor of the United States Military 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 PRIOR PROVISIONS A prior section 7436 was renumbered section 8736 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4336 of this title as this section. 1984—Subsecs. (a), (b). Pub. L. 98–525 substituted ‘‘on which he would have been promoted had he been se- lected for promotion from among officers in the pro- motion zone,’’ for ‘‘when a regular officer, junior to him on the promotion list or active-duty list on which his name was carried before his appointment as a pro- fessor, is promoted to the regular grade of colonel,’’. 1980—Subsecs. (a), (b). Pub. L. 96–513, § 502(25), sub- stituted ‘‘a regular officer’’ for ‘‘a promotion-list offi- cer’’, and inserted ‘‘or active-duty list’’ after ‘‘on the promotion list’’. Subsec. (c). Pub. L. 96–513, § 218(a), struck out subsec. (c) which provided that, unless he is serving in a higher grade, an officer detailed to perform the duties of direc- tor of admissions has, while performing those duties, the temporary grade of lieutenant colonel and, after performing those duties for a period of six years, has the temporary grade of colonel. 1978—Pub. L. 95–551, § 4(a), substituted ‘‘director of ad- missions’’ for ‘‘registrar’’ in section catchline. Subsecs. (b), (c). Pub. L. 95–551, § 2, substituted ‘‘direc- tor of admissions’’ for ‘‘registrar’’ wherever appearing. 1958—Pub. L. 85–600, § 1(11)(C), inserted ‘‘; registrar’’ in section catchline. Subsec. (a). Pub. L. 85–861 substituted ‘‘has the grade of colonel’’ for ‘‘has the regular grade of colonel’’ in two places, and ‘‘have the grade of lieutenant colonel’’ for ‘‘have the regular grade of lieutenant colonel’’. Pub. L. 85–600 designated existing provisions as sub- sec. (a) and added subsecs. (b) and (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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 218(a) of Pub. L. 96–513 effec- tive Sept. 15, 1981, but the authority to prescribe regu- lations under the amendment by Pub. L. 96–513 effec- tive on Dec. 12, 1980, and amendment by section 502(25) of Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 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. SERVICE PERFORMED AS REGISTRAR PRIOR TO AUG. 6, 1958 Pub. L. 85–600, § 2, Aug. 6, 1958, 72 Stat. 524, provided that: ‘‘No increase in pay or allowances accrues by rea- son of the enactment of this Act [amending this section and sections 3075, 3204, 3205, 3283, 3296, 3883, 3886, 4331, 4333, 4334, 8075, 8204, 8205, 8296, 8883, 8886, 9331, 9333, 9334, and 9336 of this title] for service performed before this Act takes effect [Aug. 6, 1958].’’ § 7437. Chaplain There shall be a chaplain at the Academy, who must be a clergyman, appointed by the Presi- dent for a term of four years. The chaplain is en- titled to a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel, and to fuel and light for quarters in kind. The chaplain may be reappointed. (Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4337; Pub. L. 87–651, title I, § 117, Sept. 7, 1962, 76 Stat. 513; Pub. L. 107–107, div. A, title V, § 540(a), Dec. 28, 2001, 115 Stat. 1109; renumbered § 7437, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 4337 ......... 10:1083. 10:1137. Feb. 18, 1896, ch. 22 (pro- viso), 29 Stat. 8; May 16, 1928, ch. 579, 45 Stat. 573; June 2, 1945, ch. 172, 59 Stat. 230. The words ‘‘The chaplain may be reappointed’’ are substituted for the words ‘‘and said chaplain shall be eligible for reappointment for an additional term or terms’’. The figures ‘‘$5,482.80’’ and ‘‘$6,714’’ are sub- stituted for the figures ‘‘$4,000’’ and ‘‘$5,000’’ to reflect increases in the rates of salary of that office effected by the Federal Employees Pay Act of 1945, 59 Stat. 295, the Federal Employees Pay Act of 1946, 60 Stat. 216, the Postal Rate Revision and Federal Employees Salary Act of 1948, 62 Stat. 1260, and the Classification Act of 1949, 63 Stat. 954. 1962 ACT The change reflects the opinion of the Assistant Gen- eral Counsel, Civil Service Commission (GC: JHF:fz, May 4, 1959), that those parts of section 4337 and 9337 of title 10 that relate to the salaries of the chaplains at Page 3061 TITLE 10—ARMED FORCES § 7441 the United States Military Academy and the United States Air Force Academy were superseded by the Clas- sification Act of 1949 (5 U.S.C. 1071 et seq.). While the positions of chaplain at those Academies are not spe- cifically covered by the Act, the Act has been deter- mined to apply to those positions in accordance with section 203 thereof (5 U.S.C. 1083). Editorial Notes PRIOR PROVISIONS A prior section 7437 was renumbered section 8737 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4337 of this title as this section. 2001—Pub. L. 107–107 substituted ‘‘a monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel’’ for ‘‘the same allowances for public quarters as are allowed to a captain’’. 1962—Pub. L. 87–651 struck out provisions which pre- scribed the salary of chaplain on appointment and re- appointment. 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 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 540(b), Dec. 28, 2001, 115 Stat. 1109, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 28, 2001].’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense, see section 1(5) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President. § 7438. Civilian faculty: number; compensation (a) The Secretary of the Army may employ as many civilians as professors, instructors, and lecturers at the Academy as the Secretary con- siders necessary. (b) The compensation of persons employed under this section is as prescribed by the Sec- retary. (c) The Secretary of the Army may, notwith- standing the provisions of subchapter V of chap- ter 55 of title 5 or section 6101 of such title, pre- scribe for persons employed under this section the following: (1) The work schedule, including hours of work and tours of duty, set forth with such specificity and other characteristics as the Secretary determines appropriate. (2) Any premium pay or compensatory time off for hours of work or tours of duty in excess of the regularly scheduled hours or tours of duty. (Added Pub. L. 103–160, div. A, title V, § 533(a)(1), Nov. 30, 1993, 107 Stat. 1658, § 4338; amended Pub. L. 106–65, div. A, title XI, § 1107(a), Oct. 5, 1999, 113 Stat. 778; renumbered § 7438, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) Editorial Notes PRIOR PROVISIONS Prior sections 7438 and 7439 were renumbered sections 8738 and 8739 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4338 of this title as this section. 1999—Subsec. (c). Pub. L. 106–65 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. § 7440. Quartermaster The Secretary of the Army shall detail a com- missioned officer of the Army as quartermaster for the Corps of Cadets. The quartermaster shall— (1) buy and issue all supplies for the cadets; (2) buy and issue all provisions for the mess; and (3) supervise the mess. (Aug. 10, 1956, ch. 1041, 70A Stat. 240, § 4340; re- numbered § 7440, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 4340 ......... 10:1067. Aug. 7, 1876, ch. 255 (last par.), 19 Stat. 126. The words ‘‘buy and issue all provisions for the mess’’ and ‘‘supervise the mess’’ are substituted for the words ‘‘all the duties of purveying and supervision for the mess’’. The word ‘‘commissary’’ is omitted as obsolete. The words ‘‘and all supplies of all kinds and descrip- tions shall be furnished to the cadets at actual cost, without any commission or advance over said cost’’ are omitted to reflect Title IV of the National Security Act of 1947, as amended (61 Stat. 495), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, includ- ing applicable administrative expenses. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 4340 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. § 7441. Faculty and other officers: leaves of ab- sence The Superintendent of the Academy may grant a leave of absence for the period of the