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10 U.S.C. § 8470a (ARMED FORCES)
§ 8470a. Permanent professors: retirement for years of service; authority for deferral
(a) Retirement for Years of Service.—
(1) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the grade of captain or colonel, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.
(2) Except as provided in subsection (b), an officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of captain or colonel who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) or brigadier general, as the case may be, shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.
(b) Continuation on Active Duty.—
(1) An officer subject to retirement under subsection (a) may have his retirement deferred and be continued on active duty by the Secretary of the Navy.
(2) Subject to section 1252 of this title, the Secretary of the Navy shall determine the period of any continuation on active duty under this section.
(c) Eligibility for Promotion.—
A permanent professor at the Naval Academy in the grade of commander or lieutenant colonel who is continued on active duty as a permanent professor under subsection (b) remains eligible for consideration for promotion to the grade of captain or colonel, as the case may be.
(d) Retired Grade and Retired Pay.—
Each officer retired under this section—
(1) unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370 of this title; and
(2) is entitled to retired pay computed under section 8333 of this title.
(Added Pub. L. 109–163, div. A, title V, § 509(b)(1), Jan. 6, 2006, 119 Stat. 3229, § 6970; renumbered § 6970a, Pub. L. 110–181, div. A, title V, § 508(a)(1)(A), Jan. 28, 2008, 122 Stat. 96; renumbered § 8470a and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6970a of this title as this section.
Subsec. (d)(2). Pub. L. 115–232, § 809(a), substituted “section 8333” for “section 6333”.
2008—Pub. L. 110–181 renumbered section 6970 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8472 (ARMED FORCES)
§ 8472. Chapel: crypt and window spaces
The crypt and window spaces of the Naval Academy Chapel may be used only for memorials to officers of the Navy who have successfully commanded a fleet or squadron in battle or who have received the thanks of Congress for conspicuously distinguished services in time of war. No memorial to an officer may be accepted for, or installed in, the crypt or window spaces until at least five years after the death of that officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 435, § 6972; renumbered § 8472, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6972
34 U.S.C. 1111.
Mar. 3, 1909, ch. 255, 35 Stat. 773 (2d par.).
The words “United States” in connection with the chapel, the words “of the United States” in connection with naval officers and with Congress, and the words “or may receive” are omitted as surplusage. The proviso is omitted as executed.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6972 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8474 (ARMED FORCES)
§ 8474. United States Naval Academy Museum Fund: references to Fund
Any reference in a law, regulation, document, paper, or other record of the United States to the United States Naval Academy Museum Fund formerly maintained under this section shall be deemed to refer to the United States Naval Academy Gift and Museum Fund maintained under section 8473 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 436, § 6974; Pub. L. 106–398, § 1 [[div. A], title IX, § 942(d)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–242; renumbered § 8474 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6974(a)
34 U.S.C. 1118.
Mar. 26, 1938, ch. 52, § 3, 52 Stat. 119.
6974(b)
34 U.S.C. 1119.
Mar. 26, 1938, ch. 52, § 4, 52 Stat. 119.
6974(c)
34 U.S.C. 1120.
Mar. 26, 1938, ch. 52, § 5, 52 Stat. 119.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6974 of this title as this section and substituted “section 8473” for “section 6973”.
2000—Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, section related to acceptance and administration of gifts, bequests, and loans for the benefit of the Naval Academy Museum.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Consolidation of Naval Academy General Gift Fund and Naval Academy Museum Fund
text: Pub. L. 106–398, § 1 [[div. A], title IX, § 942(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–241, provided that:
“(1) The Secretary of the Navy shall transfer all amounts in the United States Naval Academy Museum Fund established by section 6974 [now 8474] of title 10, United States Code, to the gift fund maintained for the benefit and use of the United States Naval Academy under section 6973 [now 8473] of such title. Upon completing the transfer, the Secretary shall close the United States Naval Academy Museum Fund.
“(2) Amounts transferred under this subsection shall be merged with other amounts in the gift fund to which transferred and shall be available for the purposes for which amounts in that gift fund are available.”
10 U.S.C. § 8476 (ARMED FORCES)
§ 8476. Operation of Naval Academy dairy farm
(a) Discretion Regarding Continued Operation.—
(1) Subject to paragraph (2), the Secretary of the Navy may terminate or reduce the dairy or other operations conducted at the Naval Academy dairy farm located in Gambrills, Maryland.
(2) Notwithstanding the termination or reduction of operations at the Naval Academy dairy farm under paragraph (1), the real property containing the dairy farm (consisting of approximately 875 acres)—
(A) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency; and
(B) shall be maintained in its rural and agricultural nature.
(b) Lease Authority.—
(1) Subject to paragraph (2), to the extent that the termination or reduction of operations at the Naval Academy dairy farm permit, the Secretary of the Navy may lease the real property containing the dairy farm, and any improvements and personal property thereon, to such persons and under such terms as the Secretary considers appropriate. In leasing any of the property, the Secretary may give a preference to persons who will continue dairy operations on the property.
(2) Any lease of property at the Naval Academy dairy farm shall be subject to a condition that the lessee maintain the rural and agricultural nature of the leased property.
(c) Lease Proceeds.—
All money received from a lease entered into under subsection (b) shall be retained by the Superintendent of the Naval Academy and shall be available to cover expenses related to the property described in subsection (a), including reimbursing nonappropriated fund instrumentalities of the Naval Academy.
(d) Effect of Other Laws.—
Nothing in section 8471 of this title shall be construed to require the Secretary of the Navy or the Superintendent of the Naval Academy to operate a dairy farm for the Naval Academy in Gambrills, Maryland, or any other location.
(Added Pub. L. 105–85, div. B, title XXVIII, § 2871(a)(1), Nov. 18, 1997, 111 Stat. 2014, § 6976; amended Pub. L. 106–65, div. B, title XXVIII, § 2814, Oct. 5, 1999, 113 Stat. 851; renumbered § 8476 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6976 of this title as this section.
Subsec. (d). Pub. L. 115–232, § 809(a), substituted “section 8471” for “section 6971”.
1999—Subsecs. (c), (d). Pub. L. 106–65 added subsec. (c) and redesignated former subsec. (c) as (d).
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8477 (ARMED FORCES)
§ 8477. Grants for faculty research for scientific, literary, and educational purposes: acceptance; authorized grantees
(a) Acceptance of Research Grants.—
The Secretary of the Navy may authorize the Superintendent of the Academy to accept qualifying research grants under this section. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Academy for a scientific, literary, or educational purpose.
(b) Qualifying Grants.—
A qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection (c) for a research project with a scientific, literary, or educational purpose.
(c) Entities From Which Grants May be Accepted.—
A grant may be accepted under this section only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
(d) Administration of Grant Funds.—
The Secretary shall establish an account for administering funds received as research grants under this section. The Superintendent shall use the funds in the account in accordance with applicable regulations and the terms and conditions of the grants received.
(e) Related Expenses.—
Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, award of a qualifying research grant.
(f) Regulations.—
The Secretary of the Navy shall prescribe regulations for the administration of this section.
(Added Pub. L. 105–261, div. A, title X, § 1063(b)(1), Oct. 17, 1998, 112 Stat. 2130, § 6977; renumbered § 8477, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6977 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8478 (ARMED FORCES)
§ 8478. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds
(a) Authority.—
In the case of a Naval Academy mixed-funded athletic or recreational extracurricular program, the Secretary of the Navy may designate funds appropriated to the Department of the Navy and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
(b) Covered Programs.—
In this section, the term “Naval Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Naval Academy to which each of the following applies:
(1) The program is not considered a morale, welfare, or recreation program.
(2) The program is supported through appropriated funds.
(3) The program is supported by a nonappropriated fund instrumentality.
(4) The program is not a private organization and is not operated by a private organization.
(Added Pub. L. 108–375, div. A, title V, § 544(b)(1), Oct. 28, 2004, 118 Stat. 1906, § 6978; renumbered § 8478, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6978 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date
text: Section applicable only with respect to funds appropriated for fiscal years after fiscal year 2004, see section 544(d) of Pub. L. 108–375, set out as a note under section 7459 of this title.
10 U.S.C. § 8479 (ARMED FORCES)
§ 8479. Midshipmen: charges and fees for attendance; limitation
(a) Prohibition.—
Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Naval Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b) Exception.—
The prohibition specified in subsection (a) does not apply with respect to any item or service provided to midshipmen for which a charge or fee is imposed as of October 5, 1994. The Secretary of Defense shall notify Congress of any change made by the Naval Academy in the amount of a charge or fee authorized under this subsection.
(Added Pub. L. 108–375, div. A, title V, § 545(b)(1), Oct. 28, 2004, 118 Stat. 1908, § 6979; renumbered § 8479, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6979 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8541 (ARMED FORCES)
§ 8541. Function
There is a United States Naval Postgraduate School, the primary function of which is to provide 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 engineering of current and future naval warfare doctrine, operations, and systems; and
(3) the integration of naval operations and systems into joint, combined, and multinational 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.)
text: 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 education” are substituted for the word “training” to describe 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”.
heading: Prior Provisions
text: A prior section 8541, act Aug. 10, 1956, ch. 1041, 70A Stat. 527, authorized President to assign regular and reserve Air Force officers to National Guard Bureau, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(c)(2), 1662(g)(2), Oct. 5, 1994, 108 Stat. 2982, 2996. See section 10507 of this title.
heading: Amendments
text: 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 instruction and technical education of commissioned officers of the naval service in their practical and theoretical duties.”
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8544 (ARMED FORCES)
§ 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 professors, 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.)
text: 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 aspects of the naval profession” for brevity.
heading: Prior Provisions
text: 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 repeal by Pub. L. 90–235, § 4(a)(6), (b)(1), Jan. 2, 1968, 81 Stat. 759, 760. See section 973 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7044 of this title as this section.
2004—Pub. L. 108–375 substituted “President of the school” for “Superintendent”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8546 (ARMED FORCES)
§ 8546. Officers of foreign countries: admission
(a) The Secretary of the Navy, upon authorization of the President, may permit commissioned officers of the military services of foreign countries to receive instruction at the Naval Postgraduate School.
(b) Officers receiving instruction under this section are subject to the same regulations governing attendance, discipline, discharge, and standards of study as apply to students who are officers of the United States naval service.
(c) No officer of a foreign country is entitled to an appointment in the Navy or the Marine Corps by reason of his completion of the prescribed course of study at the Postgraduate School.
(Aug. 10, 1956, ch. 1041, 70A Stat. 438, § 7046; renumbered § 8546, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
7046
34 U.S.C. 1076d.
July 31, 1947, ch. 420, § 5, 61 Stat. 706.
In subsection (b) the words “rules and” are omitted. The words “United States naval service” are substituted for the words “United States Navy” for uniformity.
In subsection (c) the words “to any office or position” are omitted as surplusage. The words “or Marine Corps” are inserted, as the word “Navy” in this context has been interpreted to include officers of the Marine Corps.
heading: Prior Provisions
text: A prior section 8546, act Aug. 10, 1956, ch. 1041, 70A Stat. 528, required medical officers and contract surgeons to attend families of members of Air Force, prior to repeal by Pub. L. 85–861, § 36B(26), Sept. 2, 1958, 72 Stat. 1571.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7046 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8547 (ARMED FORCES)
§ 8547. Students at institutions of higher education: admission
(a) Admission Pursuant to Reciprocal Agreement.—
The Secretary of the Navy may enter into an agreement with an accredited institution of higher education to permit a student described in subsection (b) enrolled at that institution to receive instruction at the Naval Postgraduate School on a tuition-free basis. In exchange for the admission of the student, the institution of higher education shall be required to permit an officer of the armed forces to attend on a tuition-free basis courses offered by that institution corresponding in length to the instruction provided to the student at the Naval Postgraduate School.
(b) Eligible Students.—
A student enrolled at an institution of higher education that is party to an agreement under subsection (a) may be admitted to the Naval Postgraduate School pursuant to that agreement if—
(1) the student is a citizen of the United States or lawfully admitted for permanent residence in the United States; and
(2) the Secretary of the Navy determines that the student has a demonstrated ability in a field of study designated by the Secretary as related to naval warfare and national security.
(Added Pub. L. 102–484, div. A, title X, § 1073(a)(2), Oct. 23, 1992, 106 Stat. 2510, § 7047; renumbered § 8547, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8547 was renumbered section 9217 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 7047 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.