10 U.S.C. § 8451a — Superintendent

Page 3259 TITLE 10—ARMED FORCES § 8451a Pub. L. 109–163, div. A, title V, § 509(b)(2), Jan. 6, 2006, 119 Stat. 3230, added item 6970. 2004—Pub. L. 108–375, div. A, title V, § 545(b)(2), Oct. 28, 2004, 118 Stat. 1908, added item 6979. Pub. L. 108–375, div. A, title V, § 544(b)(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 6978. 2000—Pub. L. 106–398, § 1 [[div. A], title IX, § 942(e)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–242, added items 6973 and 6974 and struck out former items 6973 ‘‘Gifts and bequests: acceptance for benefit of Naval Academy’’ and 6974 ‘‘Gifts and bequests: acceptance for benefit of museum’’. 1999—Pub. L. 106–65, div. A, title V, § 532(a)(4)(D), div. B, title XXVIII, § 2871(b)(2), Oct. 5, 1999, 113 Stat. 604, 875, added items 6951a and 6975. 1998—Pub. L. 105–261, div. A, title X, § 1063(b)(2), Oct. 17, 1998, 112 Stat. 2131, added item 6977. 1997—Pub. L. 105–85, div. A, title V, § 542(b)(2), div. B, title XXVIII, § 2871(a)(2), Nov. 18, 1997, 111 Stat. 1742, 2015, added items 6957a and 6976. 1996—Pub. L. 104–201, div. A, title III, § 370(d), Sept. 23, 1996, 110 Stat. 2499, struck out item 6970 ‘‘Storekeeper: detail; returns; inspection of accounts’’ and substituted ‘‘trade shops, dairy, and laundry: nonappropriated fund instrumentality and accounts’’ for ‘‘laundry, barber shop, cobbler shop, tailor shop, and dairy: disposition of funds’’ in item 6971. 1994—Pub. L. 103–337, div. A, title V, § 556(b)(2), Oct. 5, 1994, 108 Stat. 2775, which amended analysis by adding item 6975 ‘‘Athletics program: athletic director; non- appropriated fund account’’, was repealed by Pub. L. 104–106, div. A, title V, § 533(b), Feb. 10, 1996, 110 Stat. 315, as amended by Pub. L. 105–85, div. A, title X, § 1073(d)(1)(C), Nov. 18, 1997, 111 Stat. 1905. 1983—Pub. L. 98–94, title X, § 1004(b)(2), Sept. 24, 1983, 97 Stat. 659, substituted ‘‘Selection of persons from for- eign countries’’ for ‘‘Admission of foreigners for in- struction: restrictions, conditions’’ in item 6957. § 8451. Location The United States Naval Academy shall be lo- cated at Annapolis, Maryland. (Aug. 10, 1956, ch. 1041, 70A Stat. 428, § 6951; re- numbered § 8451, 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) 6951 ......... 34 U.S.C. 1021. R.S. 1511. The words ‘‘United States’’ are inserted before the words ‘‘Naval Academy’’ to state the full title. The word ‘‘established’’ is omitted as executed. The words ‘‘in the State of’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS A prior section 8451, act Aug. 10, 1956, ch. 1041, 70A Stat. 524, provided that an officer who is promoted to a temporary grade is considered to have accepted his promotion on date of order announcing it, unless he ex- pressly declines promotion, prior to repeal by Pub. L. 96–513, title II, § 207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6951 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. § 8451a. Superintendent (a) There is a Superintendent of the United States Naval Academy. The immediate govern- ance of the Naval Academy is under the Super- intendent. (b) The Superintendent shall be detailed to that position by the President. As a condition for detail to that position, an officer shall ac- knowledge that upon termination of that detail the officer shall be retired pursuant to section 8371(a) of this title, unless such retirement is waived under section 8371(b) of this title. (c) An officer who is detailed to the position of Superintendent shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is re- assigned or retires before having completed three years service as Superintendent, or other- wise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Navy shall submit to Congress notice that such officer left the position of Superintendent with- out having completed three years service in that position, together with a statement of the rea- sons why that officer did not complete three years service in that position. (Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(B), Oct. 5, 1999, 113 Stat. 603, § 6951a; amended Pub. L. 108–375, div. A, title V, § 541(b)(2), Oct. 28, 2004, 118 Stat. 1903; renum- bered § 8451a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6951a of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8371(a)’’ for ‘‘section 6371(a)’’ and ‘‘section 8371(b)’’ for ‘‘section 6371(b)’’. 2004—Subsec. (b). Pub. L. 108–375, § 541(b)(2)(A), in- serted before period at end ‘‘pursuant to section 6371(a) of this title, unless such retirement is waived under section 6371(b) of this title’’. Subsec. (c). Pub. L. 108–375, § 541(b)(2)(B), added sub- sec. (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. 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. Page 3260 TITLE 10—ARMED FORCES § 8452 § 8452. Civilian teachers: number; compensation (a) The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the Naval Academy as he considers necessary. (b) The compensation of persons employed under this section is as prescribed by the Sec- retary. (c) The Secretary of the Navy 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. (d) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. (Aug. 10, 1956, ch. 1041, 70A Stat. 428, § 6952; Pub. L. 106–65, div. A, title XI, § 1107(b), Oct. 5, 1999, 113 Stat. 778; renumbered § 8452, 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) 6952 ......... 34 U.S.C. 1071 (as applica- ble to Naval Academy). Aug. 2, 1946, ch. 756, § 7(a) (as applicable to Naval Academy), 60 Stat. 854. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, § 39, 60 Stat. 858. The words ‘‘for the proper instruction of naval per- sonnel’’ and the words ‘‘be paid out of naval appropria- tions’’ are omitted as surplusage. In subsection (c) the words ‘‘except the authority to prescribe regulations’’ are omitted, since 34 U.S.C. 1071 contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. Editorial Notes PRIOR PROVISIONS A prior section 8452, added Pub. L. 85–861, § 1(180)(E), Sept. 2, 1958, 72 Stat. 1532, provided that, notwith- standing any other provision of law, a medical or den- tal officer may be promoted to temporary grade of cap- tain at any time after first anniversary of date upon which he graduated from a medical, osteopathic, or dental school, prior to repeal by Pub. L. 96–513, title II, § 207, Dec. 12, 1980, 94 Stat. 2884, effective Sept. 15, 1981. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6952 of this title as this section. 1999—Subsecs. (c), (d). Pub. L. 106–65 added subsec. (c) and redesignated former subsec. (c) as (d). 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. § 8453. Midshipmen: appointment Midshipmen at the Naval Academy shall be appointed by the President alone. An appoint- ment is conditional until the midshipman is ad- mitted. (Aug. 10, 1956, ch. 1041, 70A Stat. 429, § 6953; Pub. L. 97–60, title II, § 203(b)(1), Oct. 14, 1981, 95 Stat. 1006; renumbered § 8453, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES This section is included in this chapter without spe- cific reference to statutory source to resolve the ambi- guities and conflicts existing in the statutes relating to the appointment of midshipmen at the Naval Academy. The word ‘‘appoint’’ has been used in various statutes when the intent of Congress was to provide authority in the persons named to ‘‘choose,’’ ‘‘select,’’ or ‘‘nomi- nate’’ for the office of midshipman. These statutes have been collected and codified in § 6954 of this title, which reflects the various sources of nominees for ‘‘appoint- ment’’ as midshipmen and the persons who may so ‘‘nominate’’ them. The actual appointing power resides in the President and this implied authority is herein expressed for clarity and for the purpose of uniformity of expression. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6953 of this title as this section. 1981—Pub. L. 97–60 inserted provision that an appoint- ment is conditional until the midshipman is admitted. 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 1981 AMENDMENT Amendment by Pub. L. 97–60 effective with respect to nominations for appointment to the first class admit- ted to each Academy after Oct. 14, 1981, see section 203(d) of Pub. L. 97–60, set out as an Effective Date note under section 7441a of this title. § 8454. Midshipmen: number (a) The authorized strength of the Brigade of Midshipmen (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Navy under subsection (h). Subject to that limitation, midshipmen are selected as follows: (1) 65 selected in order of merit as estab- lished by competitive examination from the children of members of the armed forces who were killed in action or died of, or have a serv- ice-connected disability rated at not less than 100 per centum resulting from, wounds or inju- ries received or diseases contracted in, or pre- existing injury or disease aggravated by, ac- tive service, children of members who are in a ‘‘missing status’’ as defined in section 551(2) of