10 U.S.C. § 8542 — President; assistants

Page 3285 TITLE 10—ARMED FORCES § 8542 2008—Pub. L. 110–417, [div. A], title V, § 543(e)(2), Oct. 14, 2008, 122 Stat. 4461, added item 7048 and struck out former item 7048 ‘‘Conferring of degrees on graduates’’. 2006—Pub. L. 109–163, div. A, title V, § 522(c)(2), Jan. 6, 2006, 119 Stat. 3242, added item 7050. 2004—Pub. L. 108–375, div. A, title V, § 557(c), Oct. 28, 2004, 118 Stat. 1916, substituted ‘‘President; assistants’’ for ‘‘Superintendent; assistants’’ in item 7042 and ‘‘Pro- vost and Academic Dean’’ for ‘‘Academic Dean’’ in item 7043. 2000—Pub. L. 106–398, § 1 [[div. A], title V, § 535(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–113, added item 7049. 1997—Pub. L. 105–85, div. A, title V, § 551(b)(2), Nov. 18, 1997, 111 Stat. 1748, substituted ‘‘Officers of the other armed forces; enlisted members:’’ for ‘‘Officers of Army, Air Force, and Coast Guard:’’ in item 7045. 1992—Pub. L. 102–484, div. A, title X, § 1073(b), Oct. 23, 1992, 106 Stat. 2511, added item 7047 and redesignated former item 7047 as 7048. § 8541. Function There is a United States Naval Postgraduate School, the primary function of which is to pro- vide advanced instruction and professional and technical education and research opportunities for commissioned officers of the naval service in— (1) their practical and theoretical duties; (2) the science, physics, and systems engi- neering of current and future naval warfare doctrine, operations, and systems; and (3) the integration of naval operations and systems into joint, combined, and multi- national operations. (Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7041; Pub. L. 109–163, div. A, title V, § 523(a), Jan. 6, 2006, 119 Stat. 3244; renumbered § 8541, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7041 ......... 34 U.S.C. 1076. July 31, 1947, ch. 420, § 1, 61 Stat. 705. The words ‘‘There is a’’ are substituted for the words ‘‘That the Secretary of the Navy is hereby authorized and directed to establish the’’, as the Postgraduate School is in operation. The words ‘‘technical edu- cation’’ are substituted for the word ‘‘training’’ to de- scribe more aptly the higher level of instruction at the Postgraduate School. The words ‘‘naval service’’ are substituted for the words ‘‘Regular Navy and Marine Corps and the reserve components thereof’’. The word ‘‘their’’ is substituted for the words ‘‘of commissioned officers’’. Editorial Notes PRIOR PROVISIONS A prior section 8541, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, authorized President to assign regular and re- serve Air Force officers to National Guard Bureau, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1661(c)(2), Oct. 5, 1994, 108 Stat. 2982, effective Dec. 1, 1994. See section 10507 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7041 of this title as this section. 2006—Pub. L. 109–163 amended text generally. Prior to amendment, text read as follows: ‘‘There is a United States Naval Postgraduate School for the advanced in- struction and technical education of commissioned offi- cers of the naval service in their practical and theo- retical duties.’’ 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. § 8542. President; assistants (a)(1) The President of the Naval Postgraduate School shall be one of the following: (A) An active-duty officer of the Navy or Marine Corps in a grade not below the grade of captain or colonel, respectively, who is as- signed or detailed to such position. (B) A civilian individual, including an indi- vidual who was retired from the Navy or Ma- rine Corps in a grade not below captain, or colonel, respectively, who has the qualifica- tions appropriate to the position of President and is selected by the Secretary of the Navy as the best qualified from among candidates for the position in accordance with— (i) the criteria specified in paragraph (4); (ii) a process determined by the Secretary; and (iii) other factors the Secretary considers essential. (2) Before making an assignment, detail, or se- lection of an individual for the position of Presi- dent of the Naval Postgraduate School, the Sec- retary shall— (A) consult with the Board of Advisors for the Naval Postgraduate School; (B) consider any recommendation of the leadership and faculty of the Naval Post- graduate School regarding the assignment or selection to that position; and (C) consider the recommendations of the Chief of Naval Operations and the Com- mandant of the Marine Corps. (3) An individual selected for the position of President of the Naval Postgraduate School under paragraph (1)(B) shall serve in that posi- tion for a term of not more than five years and may be continued in that position for an addi- tional term of up to five years. (4) The qualifications appropriate for selection of an individual for detail or assignment to the position of President of the Naval Postgraduate School include the following: (A) An academic degree that is either— (i) a doctorate degree in a field of study relevant to the mission and function of the Naval Postgraduate School; or (ii) a master’s degree in a field of study relevant to the mission and function of the Naval Postgraduate School, but only if— (I) the individual is an active-duty or re- tired officer of the Navy or Marine Corps in a grade not below the grade of captain or colonel, respectively; and (II) at the time of the selection of that individual as President, the individual se- lected for the position of Provost and Chief Academic Officer has a doctorate degree in such a field of study. Page 3286 TITLE 10—ARMED FORCES § 8543 (B) A comprehensive understanding of the Department of the Navy, the Department of Defense, and joint and combined operations. (C) Leadership experience at the senior level in a large and diverse organization. (D) Demonstrated ability to foster and en- courage a program of research in order to sus- tain academic excellence. (E) Other qualifications, as determined by the Secretary of the Navy. (b) The Secretary shall detail officers of the Navy and the Marine Corps of appropriate grades and qualifications to assist the President in— (1) the advanced instruction and professional and technical education of students and the provision of research opportunities for stu- dents; and (2) the administration of the Postgraduate School. (Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7042; Pub. L. 96–513, title V, § 503(53), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 108–375, div. A, title V, § 557(a)(3), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 109–163, div. A, title V, §§ 523(b), 524, Jan. 6, 2006, 119 Stat. 3244, 3245; Pub. L. 109–364, div. A, title V, § 508, Oct. 17, 2006, 120 Stat. 2180; Pub. L. 111–383, div. A, title X, § 1075(b)(49), Jan. 7, 2011, 124 Stat. 4371; renumbered § 8542, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 117–263, div. A, title V, § 554(a)(2)(C), Dec. 23, 2022, 136 Stat. 2594.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7042 ......... 34 U.S.C. 1076a. July 31, 1947, ch. 420, § 2, 61 Stat. 705. In subsection (a) the word ‘‘Regular’’ is omitted as covered by the term ‘‘active list’’. In subsection (b) the words ‘‘line and staff’’ and ‘‘as may be necessary’’ are omitted as surplusage. The word ‘‘grades’’ is substituted for the word ‘‘ranks’’. The words ‘‘advanced instruction and technical education’’ are substituted for the words ‘‘training * * * in the practical and theoretical duties of commissioned naval officers’’. Editorial Notes PRIOR PROVISIONS A prior section 8542, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, authorized President to detail certain officers as chief and assistant chief of staff of wings of Air Na- tional Guard in Federal service, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(g)(2), Oct. 5, 1994, 108 Stat. 2996, effective Dec. 1, 1994. See section 12502(b) of this title. AMENDMENTS 2022—Subsec. (a)(4)(A)(ii)(II). Pub. L. 117–263 sub- stituted ‘‘selected for the position of Provost and Chief Academic Officer’’ for ‘‘permanently appointed to the position of Provost and Academic Dean’’. 2018—Pub. L. 115–232 renumbered section 7042 of this title as this section. 2011—Subsec. (a)(1)(A). Pub. L. 111–383 struck out comma after ‘‘captain’’. 2006—Subsec. (a). Pub. L. 109–364 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to assignment of an officer of the Navy in a grade not below the grade of captain or an appropriately qualified civilian individual to the position of President of the Naval Postgraduate School. Pub. L. 109–163, § 524, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Secretary of the Navy shall detail as President of the Naval Postgraduate School an officer on the active- duty list in the line of the Navy eligible for command at sea not below the grade of captain. The President has military command of the Postgraduate School.’’ Subsec. (b)(1). Pub. L. 109–163, § 523(b), substituted ‘‘and professional and technical education of students and the provision of research opportunities for stu- dents’’ for ‘‘and technical education of students’’. 2004—Pub. L. 108–375 substituted ‘‘President’’ for ‘‘Su- perintendent’’ wherever appearing in section catchline and text. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘active- duty list’’ for ‘‘active list’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 108–375, div. A, title V, § 557(a)(1), (2), Oct. 28, 2004, 118 Stat. 1915, provided that: ‘‘(1) The position of Superintendent of the Naval Postgraduate School is redesignated as President of the Naval Postgraduate School. ‘‘(2) Any reference to the Superintendent of the Naval Postgraduate School in any law, rule, regulation, docu- ment, record, or other paper of the United States shall be deemed to be a reference to the President of the Naval Postgraduate School.’’ 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 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. § 8543. Provost and Chief Academic Officer (a) There is at the Naval Postgraduate School the civilian position of Provost and Chief Aca- demic Officer. An individual selected by the Sec- retary of the Navy for the position of Provost and Chief Academic Officer shall serve in that position for a term of not more than five years and may be continued in that position for an ad- ditional term of up to five years. Before making an appointment to the position of Provost and Chief Academic Officer, the Secretary shall con- sult with the Board of Advisors for the Naval Postgraduate School and shall consider any rec- ommendation of the leadership and faculty of the Naval Postgraduate School regarding an ap- pointment to that position. (b) The Provost and Chief Academic Officer is entitled to such compensation for his services as the Secretary prescribes, but not more than the rate of compensation authorized for level IV of the Executive Schedule. (Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7043; Pub. L. 85–861, § 1(148), Sept. 2, 1958, 72 Stat. 1513; Pub. L. 89–536, Aug. 11, 1966, 80 Stat. 346; Pub. L. 96–513, title V, § 513(22), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 105–85, div. A, title V, § 551(c), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 108–375, div. A, title V, § 557(b)(3), (4), Oct. 28, 2004, 118 Stat. 1915, 1916; renumbered § 8543, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 117–263, div. A, title V, § 554(a)(1), (2)(A), Dec. 23, 2022, 136 Stat. 2594.)