
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4333]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART III--TRAINING
 
               CHAPTER 403--UNITED STATES MILITARY ACADEMY
 
Sec. 4333. Superintendent; faculty: appointment and detail

    (a) 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.
    (b) The permanent professors of the Academy shall be appointed by 
the President, by and with the advice and consent of the Senate.
    (c) 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.
    (d) 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.
    (e) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 238; Pub. L. 85-600, Sec. 1(9), Aug. 
6, 1958, 72 Stat. 522; Pub. L. 95-551, Sec. 2, Oct. 30, 1978, 92 Stat. 
2069; Pub. L. 96-513, title V, Sec. 502(24), Dec. 12, 1980, 94 Stat. 
2910.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4333(a)...............................  10:1062.                             R.
S. 1313.
                                        10:1063 (1st sentence, and 1st 26    R.
S. 1314 (words before semicolon).
                                         words of last sentence).            Ju
ly 26, 1894, ch. 167 (words after
                                        10:1063 (last sentence, less 1st 26   s
emicolon in 7th clause), 28 Stat.
4333(b)...............................   words).                              1
51.
                                        10:1064.
4333(c)...............................
-------------------------------------------------------------------------------
---------------------------------

    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''.


                               Amendments

    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).


                    Effective Date of 1980 Amendment

    Amendment by 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.


                 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, Aug. 22, 1958, 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:
    Aug. 2, 1957, 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.
