10 U.S.C. § 7435 — Dean of Academic Board

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