10 USC Ch. 859: PROFESSIONAL MILITARY EDUCATION SCHOOLS

From Title 10—ARMED FORCESSubtitle C—Navy and Marine CorpsPART III—EDUCATION AND TRAINING

CHAPTER 859—PROFESSIONAL MILITARY EDUCATION SCHOOLS

Sec.

8591.

Degree granting authority for Naval War College.

8592.

Degree granting authority for Marine Corps University.

8593.

Naval War College: acceptance of grants for faculty research for scientific, literary, and educational purposes.

8594.

Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes.

8595.

United States Naval Community College: establishment and degree granting authority.

Editorial Notes

Amendments

2021—Pub. L. 117–81, div. A, title V, §557(b), Dec. 27, 2021, 135 Stat. 1741, added item 8595.

2018—Pub. L. 115–232, div. A, title VIII, §807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 609 of this title as this chapter and items 7101 to 7104 as 8591 to 8594, respectively.

2008—Pub. L. 110–417, [div. A], title V, §543(f)(2), (g)(2), Oct. 14, 2008, 122 Stat. 4462, 4463, added items 7101 and 7102 and struck out former items 7101 "Naval War College: master of arts in national security and strategic studies" and 7102 "Marine Corps University: masters degrees; board of advisors".

2006—Pub. L. 109–163, div. A, title V, §522(d)(2), Jan. 6, 2006, 119 Stat. 3243, added items 7103 and 7104.

2001—Pub. L. 107–107, div. A, title V, §532(b)(3)(B), Dec. 28, 2001, 115 Stat. 1105, substituted "masters degrees; board of advisors" for "master of military studies" in item 7102.

1994—Pub. L. 103–337, div. A, title IX, §911(a)(2), Oct. 5, 1994, 108 Stat. 2828, added item 7102.

§8591. Degree granting authority for Naval War College

(a) Authority.—Under regulations prescribed by the Secretary of the Navy, the President of the Naval War College may, upon the recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the Naval War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(c) Congressional Notification Requirements.—(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Naval War College to award any new or existing degree.

(Added Pub. L. 101–510, div. A, title IX, §912(a), Nov. 5, 1990, 104 Stat. 1626, §7101; amended Pub. L. 110–417, [div. A], title V, §543(f)(1), Oct. 14, 2008, 122 Stat. 4461; renumbered §8591, Pub. L. 115–232, div. A, title VIII, §807(c)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7101 of this title as this section.

2008—Pub. L. 110–417 amended section generally. Prior to amendment, text read as follows:

"(a) Authority.—Upon the recommendation of the faculty of the Naval War College, the President of the college may confer the degree of master of arts in national security and strategic studies upon graduates of the college who fulfill the requirements for the degree.

"(b) Regulations.—The authority provided by subsection (a) shall be exercised under regulations prescribed by the Secretary of the Navy.

"(c) Naval War College Defined.—In this section, the term 'Naval War College' means the College of Naval Warfare and the College of Naval Command and Staff."

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.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–417 applicable to any degree granting authority established, modified, or redesignated on or after Oct. 14, 2008, for an institution of professional military education referred to in such amendment, see section 543(j) of Pub. L. 110–417, set out as a note under section 2163 of this title.

§8592. Degree granting authority for Marine Corps University

(a) Authority.—Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon the recommendation of the directors and faculty of the Marine Corps University, confer appropriate degrees upon graduates who meet the degree requirements.

(b) Limitation.—A degree may not be conferred under this section unless—

(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(2) the Marine Corps University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Marine Corps University to award any new or existing degree.

(d) Board of Advisors.—The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all requirements of the appropriate regional accrediting association.

(Added Pub. L. 103–337, div. A, title IX, §911(a)(1), Oct. 5, 1994, 108 Stat. 2828, §7102; amended Pub. L. 107–107, div. A, title V, §532(a)–(b)(3)(A), (c)(1), Dec. 28, 2001, 115 Stat. 1104, 1105; Pub. L. 108–136, div. A, title V, §531(a), Nov. 24, 2003, 117 Stat. 1472; Pub. L. 108–375, div. A, title X, §1084(d)(31), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 110–417, [div. A], title V, §543(g)(1), Oct. 14, 2008, 122 Stat. 4462; renumbered §8592, Pub. L. 115–232, div. A, title VIII, §807(c)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7102 of this title as this section.

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to conferral of master of military studies, master of strategic studies, and master of operational studies degrees by Marine Corps University and establishment of a board of advisors.

2004—Subsec. (a). Pub. L. 108–375, §1084(d)(31)(A), substituted "Master of Military Studies" for "Authority" in heading.

Subsec. (b). Pub. L. 108–375, §1084(d)(31)(B), substituted "Master of Strategic Studies" for "Marine Corps War College" in heading.

Subsec. (c). Pub. L. 108–375, §1084(d)(31)(C), substituted "Master of Operational Studies" for "Command and Staff College of the Marine Corps University" in heading.

Subsec. (d). Pub. L. 108–375, §1084(d)(31)(D), substituted "subsections (a), (b), and (c)" for "subsections (a) and (b)".

2003—Subsecs. (c) to (e). Pub. L. 108–136 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

2001—Pub. L. 107–107, §532(b)(3)(A), substituted "masters degrees; board of advisors" for "master of military studies" in section catchline.

Subsec. (a). Pub. L. 107–107, §532(b)(1), substituted "upon graduates of the Command and Staff College who fulfill the requirements for that degree" for "upon graduates of the college who fulfill the requirements for the degree".

Subsec. (b). Pub. L. 107–107, §532(a)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107–107, §532(b)(2), substituted "subsections (a) and (b)" for "subsection (a)".

Pub. L. 107–107, §532(a)(1), redesignated subsec. (b) as (c).

Subsec. (d). Pub. L. 107–107, §532(c)(1), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Effective Date of 2008 Amendment

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, §531(b), Nov. 24, 2003, 117 Stat. 1472, provided that: "The authority to confer the degree of master of operational studies under section 7102(c) [now 8592(c)] of title 10, United States Code (as added by subsection (a)) may not be exercised until the Secretary of Education determines, and certifies to the President of the Marine Corps University, that the requirements established by the Command and General Staff College of the Marine Corps University for that degree are in accordance with generally applicable requirements for a degree of master of arts." [Approval granted by Secretary of Education on Jan. 10, 2003, for Marine Corps University to award the Master's degree in operational studies for successful completion of the School of Advanced Warfighting program.]

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, §532(d), Dec. 28, 2001, 115 Stat. 1105, provided that: "The authority to confer the degree of master of strategic studies under section 7102(b) [now 8592(b)] of title 10, United States Code (as added by subsection (a)) may not be exercised until the Secretary of Education determines, and certifies to the President of the Marine Corps University, that the requirements established by the Marine Corps War College of the Marine Corps University for that degree are in accordance with generally applicable requirements for a degree of master of arts. Upon receipt of such a certification, the President of the University shall promptly transmit a copy of the certification to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives." [Approval granted by Secretary of Education on Aug. 8, 2001, for Marine Corps University to award the Master's degree for successful completion of the Marine Corps War College program in strategic studies.]

Effective Date

Pub. L. 103–337, div. A, title IX, §911(b), Oct. 5, 1994, 108 Stat. 2828, provided that: "The authority provided by section 7102(a) [now 8592(a)] of title 10, United States Code, as added by subsection (a), shall become effective on the date on which the Secretary of Education determines that the requirements established by the Command and Staff College of the Marine Corps University for the degree of master of military studies are in accordance with generally applicable requirements for a degree of master of arts." [Approval granted by Secretary of Education on Mar. 22, 1995, for Marine Corps University to award the Master of Military Studies degree through its Command and Staff College.]

Board of Advisors for Marine Corps University

Pub. L. 103–337,div. A, title IX, §912, Oct. 5, 1994, 108 Stat. 2828, which authorized the Secretary of the Navy to establish a board of advisors for the Marine Corps University and to ensure that the board met all requirements of the appropriate regional accrediting association, was repealed and restated in subsec. (d) of this section by Pub. L. 107–107, div. A, title V, §532(c), Dec. 28, 2001, 115 Stat. 1105.

§8593. Naval War College: acceptance of grants for faculty research for scientific, literary, and educational purposes

(a) Acceptance of Research Grants.—The Secretary of the Navy may authorize the President of the Naval War College to accept qualifying research grants. 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 College 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 President of the Naval War College shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Naval War College may be used to pay expenses incurred by the College in applying for, and otherwise pursuing, the award of qualifying research grants.

(f) Regulations.—The Secretary shall prescribe regulations for the administration of this section.

(Added Pub. L. 109–163, div. A, title V, §522(d)(1), Jan. 6, 2006, 119 Stat. 3242, §7103; renumbered §8593, Pub. L. 115–232, div. A, title VIII, §807(c)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7103 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8594. Marine Corps University: acceptance of grants for faculty research for scientific, literary, and educational purposes

(a) Acceptance of Research Grants.—The Secretary of the Navy may authorize the President of the Marine Corps University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose.

(d) Administration of Grant Funds.—The Secretary shall establish an account for administering funds received as research grants under this section. The President of the Marine Corps University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.

(e) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Marine Corps University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants.

(f) Regulations.—The Secretary shall prescribe regulations for the administration of this section.

(Added Pub. L. 109–163, div. A, title V, §522(d)(1), Jan. 6, 2006, 119 Stat. 3242, §7104; renumbered §8594, Pub. L. 115–232, div. A, title VIII, §807(c)(2), Aug. 13, 2018, 132 Stat. 1836.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7104 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8595. United States Naval Community College: establishment and degree granting authority

(a) Establishment and Function.—There is a United States Naval Community College. The primary function of such College shall be to provide—

(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—

(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and

(B) their practical duties;

(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1);

(3) support and advisement services for individuals pursuing such programs; and

(4) continuous monitoring of the progress of such individuals.

(b) Individuals Eligible for Programs.—Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a):

(1) Enlisted members of the Navy and Marine Corps.

(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.

(3) Civilian employees of the Department of the Navy.

(4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is—

(A) in alignment with the mission of the United States Naval Community College; and

(B) determined to support the mission or needs of the Department of the Navy.

(1) In general.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.

(2) Limitation.—A degree or credential may not be conferred under this subsection unless—

(A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

(B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education.

(3) Congressional notification requirements.—

(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and

(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.

(B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

(C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential.

(d) Civilian Faculty Members.—

(1) Authority of secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary.

(2) Compensation.—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.

(Added Pub. L. 117–81, div. A, title V, §557(a), Dec. 27, 2021, 135 Stat. 1739.)