2016 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part III - Education and Training
Chapter 605 - United States Naval Postgraduate School
Sec. 7049 - Defense industry civilians: admission to defense product development program

(a) Authority for Admission.—The Secretary of the Navy may permit eligible defense industry employees to receive instruction at the Naval Postgraduate School in accordance with this section. Any such defense industry employee may only be enrolled in, and may only be provided instruction in, a program leading to a master's degree or professional continuing education certificate in a curriculum related to defense product development and systems engineering. No more than 125 such defense industry employees may be enrolled at any one time. Upon successful completion of the course of instruction in which enrolled, any such defense industry employee may be awarded an appropriate degree under section 7048 of this title or an appropriate professional continuing education certificate, as applicable.

(b) Eligible Defense Industry Employees.—For purposes of this section, an eligible defense industry employee is an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted for instruction at the school remains eligible for such instruction only so long as that person remains employed by the same firm.

(c) Annual Determination by the Secretary of the Navy.—Defense industry employees may receive instruction at the school during any academic year only if, before the start of that academic year, the Secretary of the Navy determines that providing instruction to defense industry employees under this section during that year—

(d) Program Requirements.—The Secretary of the Navy shall ensure that—

(e) Tuition.—The President of the school shall charge tuition for students enrolled under this section at a rate not less than the rate charged for employees of the United States outside the Department of the Navy.

(f) Standards of Conduct.—While receiving instruction at the school, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the school.

(g) Use of Funds.—Amounts received by the school for instruction of students enrolled under this section shall be retained by the school to defray the costs of such instruction. The source, and the disposition, of such funds shall be specifically identified in records of the school.

(Added Pub. L. 106–398, §1 [[div. A], title V, §535(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–112; amended Pub. L. 108–136, div. A, title X, §1031(a)(57), Nov. 24, 2003, 117 Stat. 1603; Pub. L. 108–375, div. A, title V, §557(a)(4)(B), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 109–163, div. A, title V, §525, Jan. 6, 2006, 119 Stat. 3245; Pub. L. 110–417, [div. A], title V, §542, Oct. 14, 2008, 122 Stat. 4456; Pub. L. 112–239, div. A, title V, §589(a), Jan. 2, 2013, 126 Stat. 1769.)

2013—Subsec. (a). Pub. L. 112–239 inserted "or professional continuing education certificate" after "master's degree" and "or an appropriate professional continuing education certificate, as applicable" before period at end.

2008—Subsec. (a). Pub. L. 110–417 substituted "125" for "25".

2006—Subsec. (a). Pub. L. 109–163 inserted "and systems engineering" after "curriculum related to defense product development" and substituted "25" for "10".

2004—Subsec. (e). Pub. L. 108–375 substituted "President" for "Superintendent".

2003—Subsec. (c). Pub. L. 108–136 substituted "Determination" for "Certification" in heading and struck out ", and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives," after "determines" in introductory provisions.

Pub. L. 112–239, div. A, title V, §589(c), Jan. 2, 2013, 126 Stat. 1769, provided that: "If the Secretary of Defense determines that it is in the best interest of the Department of Defense to increase the maximum number of defense industry employees authorized to be enrolled in the Naval Defense Development Program or the Air Force Institute of Technology at any one time, as specified in sections 7049(a) and 9314a(a) of title 10, United States Code, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a request for such an increase, including draft legislation to effectuate the increase."

Pub. L. 106–398, §1 [[div. A], title V, §535(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–113, provided that:

"(1) Before the start of the fourth year of instruction, but no earlier than the start of the third year of instruction, of defense industry employees at the Naval Postgraduate School under section 7049 of title 10, United States Code, as added by subsection (a), the Secretary of the Navy shall conduct an evaluation of the admission of such students under that section. The evaluation shall include the following:

"(2) Not later than 30 days after completing the evaluation referred to in paragraph (1), the Secretary of the Navy shall submit to the Secretary of Defense a report on the program under such section. The report shall include—

"(3) Not later than 60 days after receiving the report of the Secretary of the Navy under paragraph (2), the Secretary of Defense shall submit the report, together with any comments that the Secretary considers appropriate, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives."