10 U.S.C. § 8544 — Civilian teachers: number; compensation

Page 3287 TITLE 10—ARMED FORCES § 8544 HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 7043 ......... 34 U.S.C. 1074 (1st 98 words). June 10, 1946, ch. 298 (1st 98 words), 60 Stat. 236. 34 U.S.C. 1076c. July 31, 1947, ch. 420, § 4, 61 Stat. 706. The words ‘‘of the Naval Academy’’ following ‘‘Post- graduate School’’ are dropped as a result of § 4 of the Act of July 31, 1947 (supra). This Act created the Post- graduate School and in effect transferred the position of Academic Dean of the Postgraduate School of the Naval Academy to the newly created Postgraduate School. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 7043 ......... 34 App.:1076c (less last sentence). Aug. 9, 1955, ch. 669, § 1 (less last sentence), 69 Stat. 607. Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (b), is set out in section 5315 of Title 5, Govern- ment Organization and Employees. PRIOR PROVISIONS A prior section 8543, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, related to number of authorized aides, prior to repeal by Pub. L. 114–328, div. A, title V, § 502(pp)(1), Dec. 23, 2016, 130 Stat. 2106. AMENDMENTS 2022—Pub. L. 117–263, § 554(a)(2)(A), substituted ‘‘Chief Academic Officer’’ for ‘‘Academic Dean’’ in section catchline. Pub. L. 117–263, § 554(a)(1)(A), substituted ‘‘Chief Aca- demic Officer’’ for ‘‘Academic Dean’’ wherever appear- ing. Subsec. (a). Pub. L. 117–263, § 554(a)(1)(B), substituted ‘‘An individual selected by the Secretary 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 additional term of up to five years.’’ for ‘‘The Provost and Academic Dean shall be appointed, to serve for pe- riods of not more than five years, by the Secretary of the Navy.’’ 2018—Pub. L. 115–232 renumbered section 7043 of this title as this section. 2004—Pub. L. 108–375, § 557(b)(3)(B), substituted ‘‘Pro- vost and Academic Dean’’ for ‘‘Academic Dean’’ in sec- tion catchline. Subsec. (a). Pub. L. 108–375, § 557(b)(3)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘There is at the Naval Postgraduate School the civilian position of Academic Dean. The Academic Dean shall be appointed, to serve for periods of not more than five years, by the Secretary of the Navy upon the recommendation of the Postgraduate School Council consisting of the Superintendent, the Deputy Superintendent, and the directors of the Tech- nical, Administrative, and Professional Divisions of the school.’’ Subsec. (b). Pub. L. 108–375, § 557(b)(4), substituted ‘‘Provost and Academic Dean’’ for ‘‘Academic Dean’’. 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘level IV of the Executive Schedule’’ for ‘‘grade GS–18 of the General Schedule under section 5332 of title 5’’. 1980—Subsec. (b). Pub. L. 96–513 substituted ‘‘author- ized for grade GS–18 of the General Schedule under sec- tion 5332 of title 5’’ for ‘‘provided for grade 18 of the general schedule of the Classification Act of 1949, as amended’’. 1966—Subsec. (b). Pub. L. 89–536 substituted for a limit of $13,500 per annum a rate of compensation com- parable to grade 18 of the general schedule of the Clas- sification Act of 1949, as amended. 1958—Pub. L. 85–861, among other changes, increased the maximum compensation of the Academic Dean from $12,000 to $13,500 a year. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 108–375, div. A, title V, § 557(b)(1), (2), Oct. 28, 2004, 118 Stat. 1915, provided that: ‘‘(1) The position of Academic Dean of the Naval Postgraduate School is redesignated as Provost and Academic Dean of the Naval Postgraduate School. ‘‘(2) Any reference to the Academic Dean 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 Provost and Aca- demic Dean 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 Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 8544. Civilian teachers: number; compensation The Secretary of the Navy may employ as many civilians as he considers necessary to serve at the Naval Postgraduate School under the direction of the President of the school as senior professors, professors, associate profes- sors, assistant professors, and instructors. The Secretary shall prescribe the compensation of those persons. (Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7044; Pub. L. 108–375, div. A, title V, § 557(a)(4)(A), Oct. 28, 2004, 118 Stat. 1915; renumbered § 8544, 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) 7044 ......... 34 U.S.C. 1076b (less last sentence). July 31, 1947, ch. 420, § 3 (less last sentence), 61 Stat. 706; Aug. 30, 1954, ch. 1076, § 1(21), 68 Stat. 968. The words ‘‘as many * * * as he considers necessary’’ are substituted for the words ‘‘such number * * * as in his opinion may be necessary for the proper instruction of students in the theoretical, academic, and scientific subjects pertaining to the technical and practical as- pects of the naval profession’’ for brevity. Editorial Notes PRIOR PROVISIONS A prior section 8544, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, restricted performance of civil functions by commissioned officers of Regular Air Force, prior to re- peal by Pub. L. 90–235, § 4(a)(6), Jan. 2, 1968, 81 Stat. 759. See section 973 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7044 of this title as this section. Page 3288 TITLE 10—ARMED FORCES § 8545 2004—Pub. L. 108–375 substituted ‘‘President of the school’’ for ‘‘Superintendent’’. 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. § 8545. Officers of the other armed forces; en- listed members: admission (a)(1) The Secretary of the Navy may permit officers of the Army, Air Force, Space Force, and Coast Guard to receive instruction at the Naval Postgraduate School. The numbers and grades of such officers shall be as agreed upon by the Secretary of the Navy with the Secretary of the Army, the Secretary of the Air Force, and the Secretary of Homeland Security, respec- tively. (2)(A) The Secretary may permit an enlisted member of the armed forces to receive instruc- tion at the Naval Postgraduate School through attendance at an executive level seminar. (B) The Secretary may permit an eligible en- listed member of the armed forces to receive in- struction at the Postgraduate School in connec- tion with pursuit of a program of education in a cyber discipline as a participant in the Cyber Scholarship program under chapter 112 of this title. To be eligible for instruction under this subparagraph, the enlisted member must have been awarded a baccalaureate degree by an in- stitution of higher education. (C) The Secretary may permit an eligible en- listed member of the armed forces to receive in- struction from the Postgraduate School in cer- tificate programs and courses required for the performance of the member’s duties. (D)(i) The Secretary may permit an eligible enlisted member of the armed forces to receive graduate-level instruction at the Naval Post- graduate School in a program leading to a mas- ter’s degree in a technical, analytical, or engi- neering curriculum. (ii) To be eligible to be provided instruction under this subparagraph, the enlisted member must have been awarded a baccalaureate degree by an institution of higher education. (iii) Instruction under this subparagraph may be provided. (iv) An enlisted member who successfully com- pletes a course of instruction under this sub- paragraph may be awarded a master’s degree under section 8548 of this title. (v) Instruction under this subparagraph shall be provided pursuant to regulations prescribed by the Secretary. Such regulations may include criteria for eligibility of enlisted members for instruction under this subparagraph and speci- fication of obligations for further service in the armed forces relating to receipt of such instruc- tion. (E) In addition to instruction authorized under subparagraphs (A), (B), (C), and (D), the Sec- retary may, on a space-available basis, permit an enlisted member of the armed forces who is assigned permanently to the staff of the Post- graduate School or to a nearby command to re- ceive instruction at the Postgraduate School. (b)(1) Except as provided under paragraph (3), the Department of the Army, the Department of the Air Force, and the Department of Homeland Security shall bear the cost of the instruction received by members detailed for that instruc- tion by the Secretary of the Army, the Sec- retary of the Air Force, and the Secretary of Homeland Security, respectively. (2) In the case of an enlisted member per- mitted under subsection (a)(2)(E) to receive in- struction at the Postgraduate School on a space-available basis, the Secretary of the Navy shall charge that member only for such costs and fees as the Secretary considers appropriate. (3) The requirements for payment of costs and fees under paragraph (1) shall be subject to such exceptions as the Secretary of Defense may pre- scribe for members of the armed forces who re- ceive instruction at the Postgraduate School in connection with pursuit of a degree or certifi- cation as participants in the Cyber Scholarship program under chapter 112 of this title. (c) While receiving instruction at the Post- graduate School, members of the Army, Air Force, Space Force, and Coast Guard are subject to such regulations, as determined appropriate by the Secretary of the Navy, as apply to stu- dents who are members of the naval service. (d) The Secretary may not award a bacca- laureate, masters, or doctorate degree to an en- listed member based upon instruction received at the Postgraduate School under subsection (a)(2)(C). (Aug. 10, 1956, ch. 1041, 70A Stat. 437, § 7045; Pub. L. 96–513, title V, § 513(23), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 105–85, div. A, title V, § 551(a), (b)(1), Nov. 18, 1997, 111 Stat. 1747; Pub. L. 105–261, div. A, title X, § 1069(a)(6), Oct. 17, 1998, 112 Stat. 2136; Pub. L. 107–296, title XVII, § 1704(b)(5), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title V, § 532, Nov. 24, 2003, 117 Stat. 1472; Pub. L. 109–163, div. A, title V, § 526(a), (b), Jan. 6, 2006, 119 Stat. 3245, 3246; Pub. L. 109–364, div. A, title V, § 543(a)–(c), Oct. 17, 2006, 120 Stat. 2213; Pub. L. 115–91, div. A, title XVI, § 1649(d)(3), Dec. 12, 2017, 131 Stat. 1753; renumbered § 8545 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117–263, div. A, title V, § 555(a), Dec. 23, 2022, 136 Stat. 2595; Pub. L. 118–31, div. A, title IX, § 915, Dec. 22, 2023, 137 Stat. 368.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7045 ......... 34 U.S.C. 1076e. July 31, 1947, ch. 420, § 6, 61 Stat. 706. The section is enlarged to cover officers of the Air Force under authority of § 305(a) of the National Secu- rity Act of 1947, as amended (5 U.S.C. 171e). In subsection (a) the words ‘‘at the request of the Secretary of the Army and the Secretary of the Treas- ury’’ are omitted as surplusage. The words ‘‘to receive instruction’’ are inserted after the listing of the serv- ices and the words ‘‘attendance and’’ are omitted. The word ‘‘grades’’ is substituted for the word ‘‘ranks’’. In subsection (c) the words ‘‘rules and’’ are omitted. The words ‘‘who are officers of the naval service’’ are substituted for the words ‘‘of the United States Navy’’,