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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 7321 Mandatory retirement: Superintendent of the United States Military Academy; waiver authority us united_states_code code_section 10 ARMED FORCES 741 RETIREMENT FOR LENGTH OF SERVICE 7321 10 U.S.C. § 7321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s7321 data/legal/raw/us/code/title-10/usc10.xml c2b9443c8d59ce7ad3b039469c43a105e61af97d841b73cd22c4ecc215074b59 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 310537d363a90113f96d245a72785874af6b2e2e34b4a950baac96ef06a51f15 2026-07-04 official
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10 U.S.C. § 7321 - Mandatory retirement: Superintendent of the United States Military Academy; waiver authority

Text

(a) Mandatory Retirement.— Upon the termination of the detail of an officer to the position of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision of this chapter under which that officer is eligible to retire.

(b) Waiver Authority.— The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment. In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.

(Added Pub. L. 10665, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, § 3921; amended Pub. L. 108375, div. A, title V, § 541(a)(1), (c)(1)(A), Oct. 28, 2004, 118 Stat. 1902, 1903; renumbered § 7321, Pub. L. 115232, div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 117263, div. A, title V, § 509(a), Dec. 23, 2022, 136 Stat. 2560.)

Notes

Editorial Notes

Prior ProvisionsA prior section 7321 was renumbered section 8691 of this title.

Amendments2022—Subsec. (b). Pub. L. 117263 inserted at end: “In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.” 2018—Pub. L. 115232 renumbered section 3921 of this title as this section. 2004—Pub. L. 108375 inserted “; waiver authority” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.

Application of Section to Superintendents Serving on October 5, 1999Pub. L. 10665, div. A, title V, § 532(a)(5), Oct. 5, 1999, 113 Stat. 604, provided that: “The amendments made by this subsection [enacting this section and sections 4333a, 6371, 6951a, 8921, and 9333a of this title] shall not apply to an officer serving on the date of the enactment of this Act [Oct. 5, 1999] in the position of Superintendent of the United States Military Academy, Superintendent of the United States Naval Academy, or Superintendent of the United States Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service.”