10 U.S.C. § 9436

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 9436 - Permanent professors; director of admissions

(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 professors have the grade of lieutenant colonel in the Air Force or the Space Force.

(b) A person appointed as director of admissions 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 director of admissions, has the regular grade of colonel 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 completes six years of service as director of admissions, 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.

10 U.S.C. § 9436

Aug. 10, 1956, ch. 1041, 70A Stat. 562, §9336; Pub. L. 85-600, §1(22), Aug. 6, 1958, 72 Stat. 524; Pub. L. 85-861, §33(a)(46)(B), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 96-513, title II, §218(b), title V, §504(24), Dec. 12, 1980, 94 Stat. 2886, 2917; Pub. L. 98-525, title V, §533(d)(2), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 101-189, div. A, title V, §515(a)(4), (b)(1), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 108-136, div. A, title V, §529(c)(2), Nov. 24, 2003, 117 Stat. 1472; renumbered §9436, Pub. L. 115-232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116-283, div. A, title IX, §923(d)(9), Jan. 1, 2021, 134 Stat. 3814; Pub. L. 118-31, div. A, title XVII, §1721(c)(1), Dec. 22, 2023, 137 Stat. 666.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9336	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 ACTThe 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 "brigadier general" or "colonel", as the case may be, even though he is entitled to the pay and allowances of that grade.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31, §1721(c)(1)(A), struck out "the equivalent grade in" before "the Space Force." in two places and "and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force" before "after the date when such person completes" and inserted "or the Space Force" after "from the Regular Air Force".Subsec. (b). Pub. L. 118-31, §1721(c)(1)(B), substituted "the grade of lieutenant colonel in" for "the equivalent grade in" in two places and "Space Force has the grade of colonel in the Space Force" for "Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force". 2021- Pub. L. 116-283, §923(d)(9)(B), substituted "such person" for "he" wherever appearing.Subsec. (a). Pub. L. 116-283, §923(d)(9)(A)(i), inserted "in the Air Force or the equivalent grade in the Space Force" after "grade of colonel", "and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force" after "Force has the grade of colonel", and "in the Air Force or the equivalent grade in the Space Force" after "lieutenant colonel".Subsec. (b). Pub. L. 116-283, §923(d)(9)(A) (ii), inserted "in the Air Force or the equivalent grade in the Space Force" after "colonel" in two places in first sentence, and "and a person appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force" before "after the date when" in second sentence. Insertions in first sentence were executed to reflect the probable intent of Congress due to omission of the words "by inserting" in directory language.2018- Pub. L. 115-232 renumbered section 9336 of this title as this section. 2003-Subsec. (a). Pub. L. 108-136 struck out ",other than the Dean of the Faculty," after "Academy". 1989- Pub. L. 101-189, §515(b), substituted "director of admissions" for "registrar" in section catchline.Subsec. (b). Pub. L. 101-189, §515(a)(4), substituted "director of admissions" for "registrar" in three places.1984-Subsecs. (a), (b). Pub. L. 98-525 substituted "on which he would have been promoted had he been selected for promotion from among officers in the promotion 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 professor, is promoted to the regular grade of colonel,". 1980-Subsecs. (a), (b). Pub. L. 96-513, §504(24), substituted "after the date when a regular officer, junior to him on the promotion list or active-duty list on which his name was carried" for "after the date when a promotion-list officer, junior to him on the promotion list on which his name was carried".Subsec. (c). Pub. L. 96-513, §218(b), struck out subsec. (c) which provided that, unless he is serving in a higher grade, an officer detailed to perform the duties of registrar 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.1958-Pub. L. 85-600, §1(22)(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, §1(22)(A), designated existing provisions as subsec. (a).Subsecs. (b), (c). Pub. L. 85-600, §1(22)(B), 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 2003 AMENDMENT Amendment by Pub. L. 108-136 applicable with respect 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 1980 AMENDMENT Amendment by section 218(b) of Pub. L. 96-513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513. Amendment by section 504(24) 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 August 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 AUGUST6,1958Prohibition against accrual of increase in pay or allowances for service performed prior to Aug. 6, 1958, see note set out under section 7436 of this title.

active-duty list: The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
rank: The term "rank" means the order of precedence among members of the armed forces.