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10 U.S.C. § 7436 — Permanent professors; director of admis-
Federal law — U.S. Code and appendices · legal_authorities
Page 3059
TITLE 10—ARMED FORCES
§ 7436
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 4334 of this
title as this section.
1978—Subsec. (d). Pub. L. 95–551 substituted ‘‘director
of admissions’’ for ‘‘registrar’’.
1958—Subsec. (d). Pub. L. 85–600 inserted ‘‘and the reg-
istrar’’ after ‘‘professors’’.
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.
§ 7435. Dean of Academic Board
(a) The Dean of the Academic Board shall be
appointed as an additional permanent professor
from the permanent professors who have served
as heads of departments of instruction at the
Academy.
(b) The Dean of the Academic Board shall per-
form such duties as the Superintendent of the
Academy may prescribe with the approval of the
Secretary of the Army.
(c) The retirement age of an officer appointed
as Dean of the Academic Board is that of a per-
manent professor of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4335; Pub.
L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567;
Pub. L. 99–661, div. A, title V, § 508(a), Nov. 14,
1986, 100 Stat. 3866; Pub. L. 102–484, div. A, title
V, § 521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L.
106–65, div. A, title V, § 533(a), Oct. 5, 1999, 113
Stat. 604; Pub. L. 115–91, div. A, title V, § 507(a),
Dec. 12, 2017, 131 Stat. 1374; renumbered § 7435,
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)
4335(a) .....
4335(b)
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Page 3059
TITLE 10—ARMED FORCES
§ 7436
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 4334 of this
title as this section.
1978—Subsec. (d). Pub. L. 95–551 substituted ‘‘director
of admissions’’ for ‘‘registrar’’.
1958—Subsec. (d). Pub. L. 85–600 inserted ‘‘and the reg-
istrar’’ after ‘‘professors’’.
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.
§ 7435. Dean of Academic Board
(a) The Dean of the Academic Board shall be
appointed as an additional permanent professor
from the permanent professors who have served
as heads of departments of instruction at the
Academy.
(b) The Dean of the Academic Board shall per-
form such duties as the Superintendent of the
Academy may prescribe with the approval of the
Secretary of the Army.
(c) The retirement age of an officer appointed
as Dean of the Academic Board is that of a per-
manent professor of the Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 239, § 4335; Pub.
L. 85–861, § 33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567;
Pub. L. 99–661, div. A, title V, § 508(a), Nov. 14,
1986, 100 Stat. 3866; Pub. L. 102–484, div. A, title
V, § 521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L.
106–65, div. A, title V, § 533(a), Oct. 5, 1999, 113
Stat. 604; Pub. L. 115–91, div. A, title V, § 507(a),
Dec. 12, 2017, 131 Stat. 1374; renumbered § 7435,
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)
4335(a) .....
4335(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.
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 7435 was renumbered section 8735 of
this title.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 4335 of this
title as this section.
2017—Subsec. (c). Pub. L. 115–91 struck out first sen-
tence which read as follows: ‘‘While serving as Dean of
the Academic Board, an officer of the Army who holds
a grade lower than brigadier general shall hold the
grade of brigadier general, if appointed to that grade by
the President, by and with the advice and consent of
the Senate.’’; substituted ‘‘appointed as Dean of the
Academic Board’’ for ‘‘so appointed’’ in second sen-
tence; and struck out third sentence which read as fol-
lows: ‘‘An officer so appointed is counted for purposes
of the limitation in section 526(a) of this title on gen-
eral officers of the Army on active duty.’’
1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).
1992—Subsec. (c). Pub. L. 102–484 struck out subsec.
(c) which read as follows: ‘‘The Dean of the Academic
Board has the grade of brigadier general while serving
in such position, with the benefits authorized for reg-
ular brigadier generals of the Army, 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 is that of a permanent professor
of the Academy.’’
1986—Subsec. (b). Pub. L. 99–661, § 508(a)(1), struck out
‘‘The Dean has the grade of brigadier general while
serving as such, with the benefits authorized for reg-
ular brigadier generals of the Army, except that his re-
tirement age is that of a permanent professor of the
Academy.’’ See subsec. (c).
Subsec. (c). Pub. L. 99–661, § 508(a)(2), added subsec.
(c).
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 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.
§ 7436. Permanent professors; director of admis-
sions
(a) A permanent professor of the Academy,
other than the Dean of the Academic Board, 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. However, a
permanent professor appointed from the Regular
Army has the grade of colonel after the date
when he completes six years of service as a pro-
fessor, or after the date on which he would have
been promoted had he been selected for pro-
motion from among officers in the promotion
zone, whichever is earlier. All other permanent
professors have the grade of lieutenant colonel.
(b) A person appointed as director of admis-
sions of the Academy has the regular grade of
lieutenant colonel, and, after he has served six
years as director of admissions, has the regular
grade of colonel. However, a person appointed
from the Regular Army has the regular grade of
colonel after the date when he completes six
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A permanent professor of the Academy, other than the Dean of the Academic Board, 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. However, a permanent professor appointed from the Regular Army has the grade of colonel after the date when he completes six years of service as a professor, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier. All other permanent professors have the grade of lieutenant colonel.
**(b)** A person appointed as director of admissions of the Academy has the regular grade of lieutenant colonel, and, after he has served six years as director of admissions, has the regular grade of colonel. However, a person appointed from the Regular Army has the regular grade of colonel after the date when he completes six years of service as director of admissions, or after the date on which he would have been promoted had he been selected for promotion from among officers in the promotion zone, whichever is earlier.
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