### §9435. Dean of the Faculty

(a) The Dean of the Faculty is responsible to the Superintendent for developing and sustaining the curriculum and overseeing the faculty of the Academy. The qualifications, selection procedures, training, pay grade, and retention of the Dean shall be prescribed by the Secretary of the Air Force, except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person's academic field. If a person appointed as the Dean is not an officer on active duty, the person shall be appointed as a member of the Senior Executive Service.

(b) The retirement age of an officer appointed as Dean of the Faculty is that of a permanent professor of the Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 562, §9335; Pub. L. 85–861, §33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99–661, div. A, title V, §508(c), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 102–484, div. A, title V, §521(b), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106–65, div. A, title V, §533(b), Oct. 5, 1999, 113 Stat. 605; Pub. L. 108–136, div. A, title V, §529(a), (b), Nov. 24, 2003, 117 Stat. 1471; Pub. L. 108–375, div. A, title V, §542, Oct. 28, 2004, 118 Stat. 1904; Pub. L. 114–328, div. A, title V, §502(qq), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, §507(b), Dec. 12, 2017, 131 Stat. 1375; renumbered §9435, Pub. L. 115–232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9335(a)9335(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. |

9335(b)

10:1089 (less 1st 20 words, and less 2d sentence).

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 authorized", "from time to time", and "statutory" are omitted as surplusage. So much of 10:1089 as relates to the duties of the Dean of the Faculty is omitted as covered by section 8012(e) of this title.

#### 1958 Act

The 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**

#### Amendments

2018—Pub. L. 115–232 renumbered section 9335 of this title as this section.

2017—Subsec. (b). Pub. L. 115–91 substituted "appointed as Dean of the Faculty" for "so appointed".

2016—Subsec. (b). Pub. L. 114–328 struck out first and third sentences which read "While serving as Dean of the Faculty, an officer on active duty who holds a grade lower than brigadier general (or the equivalent) shall hold the grade of brigadier general (or the equivalent), if appointed to that grade by the President, by and with the advice and consent of the Senate." and "An officer so appointed is counted for purposes of the applicable limitation in section 526(a) of this title on general officers on active duty.", respectively.

2004—Subsec. (a). Pub. L. 108–375 inserted ", except that a person may not be appointed or assigned as Dean unless that person holds the highest academic degree in that person's academic field" after "Secretary of the Air Force".

2003—Subsec. (a). Pub. L. 108–136, §529(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Dean of the Faculty shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy."

Subsec. (b). Pub. L. 108–136, §529(b), in first sentence, substituted "on active duty" for "of the Air Force" and inserted "(or the equivalent)" after "brigadier general" in two places and, in last sentence, inserted "applicable" before "limitation" and struck out "of the Air Force" after "general officers".

1999—Pub. L. 106–65 designated existing provisions as subsec. (a) and added subsec. (b).

1992—Pub. L. 102–484 designated subsec. (a) as entire section and struck out subsec. (b) which read as follows: "The Dean has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Air Force, 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 amended subsec. (b) generally, substituting "while serving in such position" for "while serving as such" and "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" for "except that his retirement age".

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 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 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 Effective 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.