Title 10 — Armed Forces
Part III · Chapter 753 — United States Military Academy
§ 7433. Superintendent; faculty: appointment and detail
Statutory text
The Superintendent and the Commandant of Cadets of the Academy shall be detailed to those positions by the President from any branch of the Army. Other officers on duty at the Academy, except the permanent professors, may be detailed from any branch of the Army.
The permanent professors of the Academy shall be appointed by the President, by and with the advice and consent of the Senate.
The director of admissions of the Academy shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.
Any officer of the Regular Army in a grade above captain may be detailed to perform the duties of director of admissions without being appointed as director of admissions. Such a detail does not affect his position on the active-duty list.
No graduate of the Academy may be appointed or detailed to serve at the Academy as a professor or instructor, or as an assistant to a professor or instructor, within two years after his graduation.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333 · 70A Stat. 238
Enacted · 10 U.S.C. § 7433
Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333Pub. L. 85–600 § 1(9) · 72 Stat. 522
Added · 10 U.S.C. § 7433(c)(e)
Pub. L. 85–600 added subsecs. (c) and (d)
Redesignated · 10 U.S.C. § 7433(c)(e)
Pub. L. 85–600 redesignated former subsec. (c) as (e)
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 85–600 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).Enacted provision · exact public law section
(1) Section 3075 (b) (2) is amended by inserting the word “registrar,” after the word “professors”.Pub. L. 95–551 § 2 · 92 Stat. 2069
Substituted · 10 U.S.C. § 7433(c); 10 U.S.C. § 7433(d)
Pub. L. 95–551 substituted “director of admissions” for “registrar” wherever appearing
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 95–551 substituted “director of admissions” for “registrar” wherever appearing.Enacted provision · exact public law section
Sec. 2. Sections 3075(b)(2), 3204(2), 3205(a)(3), 3283(a), 3296(a), 3883, 3886, 4333(c) and (d), 4334(d), and 4336(b) and (c) of title 10, United States Code, are each amended by striking out “registrar” each place it appears in such sections and inserting in lieu thereof “director of admissions”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 502(24) · 94 Stat. 2835
Struck · 10 U.S.C. § 7433(d)
Pub. L. 96–513 struck out “regular or temporary” in first sentence
Substituted · 10 U.S.C. § 7433(d)
Pub. L. 96–513 substituted “active-duty list” for “applicable promotion list” in second sentence
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–513 struck out “regular or temporary” in first sentence, and substituted “active-duty list” for “applicable promotion list” in second sentence.Enacted provision · exact public law section
(24) Section 4333(d) is amended— (A) by striking out “regular or temporary” in the first sentence; and (B) by striking out “applicable promotion list” in the second sentence and inserting in lieu thereof “active-duty list”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 808(c)(1) · 132 Stat. 1636
Changed · 10 U.S.C. § 7433
Pub. L. 115–232 renumbered section 4333 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 4333 of this title as this section.Enacted provision · exact public law section
(1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle 10 USC 7401–7403, 7406, 7409, 7414, 7415, 7417–7421, 7431–7438, 7440–7443, 7446–7462. 10 USC 7481–7484, 7486, 7487. 10 USC 7532, 7536, 7540–7544, 7551–7555, 7561–7565, 7591–7595, 7621, 7622, 7624–7629, 7652–7657, 7682–7690, 7712, 7714, 7721–7727, 7749, 7771, 7772, 7776–7781, 7801–7804, 7806, 7831, 7837–7842. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.Effective date note
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.
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 4333(a) 4333(b) 4333(c) | 10:1062.10:1063 (1st sentence, and 1st 26 words of last sentence).10:1063 (last sentence, less 1st 26 words).10:1064. | R.S. 1313.R.S. 1314 (words before semicolon).July 26, 1894, ch. 167 (words after semicolon in 7th clause), 28 Stat. 151. |
In subsection (a), the word “detailed” is substituted for the word “selected”, in 10:1062, and for the word “appointed”, in 10:1063, since historically the offices of superintendent and commandant of cadets have been filled by detail. The words “assistant professors, acting assistant professors, and the adjutant”, in 10:1063, are omitted as covered by the word “officers”, in 10:1062. The words “except the permanent professors” are inserted to conform to 10:1062.
In subsection (b), the words “by and with the advice and consent of the Senate” are inserted, since many of the statutes establishing particular permanent professorships from time to time have so provided, and historically it has been the uniform practice to make these appointments in this manner. 10:1063 (last 14 words) is omitted as obsolete and as covered by section 4349(b) of this title.
In subsection (c), the word “appointed” is substituted for the word “assigned”.
Editorial Notes
Prior Provisions
A prior section 7433 was renumbered section 8733 of this title.
Amendments1958–2018 · 4 rounds
2018
Pub. L. 115–232 renumbered section 4333 of this title as this section.
1980
Subsec. (d). Pub. L. 96–513 struck out “regular or temporary” in first sentence, and substituted “active-duty list” for “applicable promotion list” in second sentence.
1978
Subsecs. (c), (d). Pub. L. 95–551 substituted “director of admissions” for “registrar” wherever appearing.
1958
Subsecs. (c) to (e). Pub. L. 85–600 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , 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 Pub. L. 96–513 effective , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
Detail of Retired Officer as Librarian
Provisions authorizing the performance of the duties of the librarian at the United States Military Academy by a retired officer detailed on active duty, which were contained in Pub. L. 85–724, title III, , 72 Stat. 714, the Department of Defense Appropriation Act, 1959, were not contained in subsequent appropriation acts. Similar provisions were contained in the following prior acts:
, Pub. L. 85–117, title III, 71 Stat. 313.
July 2, 1956, ch. 488, title III, 70 Stat. 456.
July 13, 1955, ch. 358, title III, 69 Stat. 303.
June 30, 1954, ch. 432, title IV, 68 Stat. 339.
Aug. 1, 1953, ch. 305, title III, 67 Stat. 338.
July 10, 1952, ch. 630, title III, 66 Stat. 520.
Oct. 18, 1951, ch. 512, title III, 65 Stat. 427.
Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 733.
Oct. 29, 1949, ch. 787, title III, 63 Stat. 998.
June 24, 1948, ch. 632, 62 Stat. 660.
July 30, 1947, ch. 357, title I, 61 Stat. 563.
July 16, 1946, ch. 583, 60 Stat. 555.
July 3, 1945, ch. 265, 59 Stat. 398.
June 28, 1944, ch. 303, 58 Stat. 588.
July 1, 1943, ch. 185, 57 Stat. 361.
July 2, 1942, ch. 477, 56 Stat. 624.
June 30, 1941, ch. 262, 55 Stat. 384.
June 13, 1940, ch. 343, 54 Stat. 370.
Apr. 26, 1939, ch. 88, 53 Stat. 610.
June 11, 1938, ch. 347, 52 Stat. 659.
July 1, 1937, ch. 423, 50 Stat. 460.
May 15, 1936, ch. 404, 49 Stat. 1297.
Apr. 9, 1935, ch. 54, title I, 49 Stat. 138.
Apr. 26, 1934, ch. 165, title I, 48 Stat. 631.
Credits
1956–2018 · 5 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333
- 1958Pub. L. 85–600, § 1(9), , 72 Stat. 522
- 1978Pub. L. 95–551, § 2, , 92 Stat. 2069
- 1980Pub. L. 96–513, title V, § 502(24), , 94 Stat. 2910
- 2018renumbered § 7433, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), , 132 Stat. 1839.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 238, § 4333; Pub. L. 85–600, § 1(9), , 72 Stat. 522; Pub. L. 95–551, § 2, , 92 Stat. 2069; Pub. L. 96–513, title V, § 502(24), , 94 Stat. 2910; renumbered § 7433, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), , 132 Stat. 1839.)