10-U.S.C.-7042

10-U.S.C.-7042

§7042 – President; Assistants

Pathway

Title 10 > Subtitle C > Part III > Chapter 605 > Section 7042

Details

  • Reference: Section 7042
  • Legend: §7042 – President; Assistants
  • USCode Year: 2013

Provision Content

(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 masters 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 permanently appointed to the position of Provost and Academic Dean 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 437; 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.)

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.

Amendments

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.

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 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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-6975 in the Legal Encyclopedia: Navy

In this entry about 10-U.S.C.-6975, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.

10-U.S.C.-7041 in the Legal Encyclopedia: Military Training

In this entry about 10-U.S.C.-7041, find legal reference material, bibliographies and premiere content related to military training in the American Encyclopedia of Law, presenting a comprehensive view of the United States military training-specific issues, written by authorities in the field.

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