10 U.S.C. § 7436

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 7436 - Permanent professors; director of admissions

(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.

10 U.S.C. § 7436

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 ACTThe 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 "brigadier general" or "colonel", as the case may be, even though he is entitled to the pay and allowances of that grade.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 7436 was renumbered section 8736 of this title.

AMENDMENTS2018- 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 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, §502(25), substituted "a regular officer" for "a promotion-list officer", 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 director 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 admissions" for "registrar" in section catchline.Subsecs. (b), (c). Pub. L. 95-551, §2, substituted "director 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 subsec. (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 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96-513 effective 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.6,1958Pub. L. 85-600, §2, Aug. 6, 1958, 72 Stat. 524, provided that: "No increase in pay or allowances accrues by reason 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]."

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.