PRIA, Government Policy, Made Personal

Summary

When an officer finishes serving as Superintendent of the United States Naval Academy, the Secretary of the Navy must retire that officer under whatever rule in chapter 841 of Title 10 they qualify for. The Secretary of Defense can excuse that retirement rule for good cause. If the Secretary of Defense does so, they must send a written notice to the Committees on Armed Services of the Senate and the House of Representatives that explains the waiver, gives the reasons for keeping the officer, and says the President plans to nominate the officer for a new assignment. Any such later nomination and appointment instead of retiring the officer must be approved by the Senate.

Title 10, §8371

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 Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 8371, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1527, related to promotion of officers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14301 et seq. 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, § 807(b)(16), renumbered section 6371 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “chapter 841” for “chapter 571”. 2004—Pub. L. 108–375 inserted “; waiver authority” after “Academy” in 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, 1999Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or 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, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.

§8371 Mandatory Retirement: Superintendent of the United States Naval Academy; Waiver Authority

Summary

Title 10, §8371

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata