10 U.S.C. § 8542

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 assigned or detailed to such position.

(B) A civilian individual, including an individual who was retired from the Navy or Marine Corps in a grade not below captain, or colonel, respectively, who has the qualifications 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 selection of an individual for the position of President of the Naval Postgraduate School, the Secretary 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 Postgraduate School regarding the assignment or selection to that position; and

(C) consider the recommendations of the Chief of Naval Operations and the Commandant 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 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.

(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 retired 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 selected for the position of Provost and Chief Academic Officer has a doctorate degree in such a field of study.

(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 encourage a program of research in order to sustain 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 students; and

(2) the administration of the Postgraduate School.

10 U.S.C. § 8542

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 NOTE
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 PROVISIONSA 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 National 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.

AMENDMENTS2022-Subsec. (a)(4)(A)(ii)(II). Pub. L. 117-263 substituted "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 students" for "and technical education of students".2004- Pub. L. 108-375 substituted "President" for "Superintendent" 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, document, 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.

Air National Guard: The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
active-duty list: The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.