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Title 10 — Armed ForcesRelease 119-73not60

§7321 Mandatory Retirement: Superintendent of the United States Military Academy; Waiver Authority

Title 10 › Subtitle Subtitle B— Army › Part II— PERSONNEL › Chapter 741— RETIREMENT FOR LENGTH OF SERVICE › § 7321

Last updated Apr 3, 2026|Official source

Summary

When an officer finishes serving as Superintendent of the U.S. Military Academy, the Secretary of the Army must retire that officer under whatever retirement rule the officer qualifies for. The Secretary of Defense can cancel that retirement for a good reason. If that happens, the Secretary of Defense must send written notice to the Senate and House Armed Services Committees saying why and that the President will nominate the officer for another job, and any such nomination and appointment instead of retirement must be approved by the Senate.

Full Legal Text

Title 10, §7321

Armed Forces — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7321 was renumbered section 8691 of this title.

Amendments

2022—Subsec. (b). Pub. L. 117–263 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. 115–232 renumbered section 3921 of this title as this section. 2004—Pub. L. 108–375 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. 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. Application of Section to Superintendents Serving on October 5, 1999 Pub. L. 106–65, 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 section 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.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 7321

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60