US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 7321

Mandatory retirement: Superintendent of the United States Military Academy; waiver authority

(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.

Pub. L. 106–65, div. A, title V, § 532(a)(1)(A)113 Stat. 602Pub. L. 108–375, div. A, title V, § 541(a)(1)118 Stat. 1902Pub. L. 115–232, div. A, title VIII, § 808(b)(12)132 Stat. 1838Pub. L. 117–263, div. A, title V, § 509(a)136 Stat. 2560(Added , , , § 3921; amended , (c)(1)(A), , , 1903; renumbered § 7321, , , ; , , .)

Editorial Notes

Prior Provisions

section 8691 of this titleA prior section 7321 was renumbered .

Amendments

Pub. L. 117–2632022—Subsec. (b). 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.”

Pub. L. 115–232section 3921 of this title2018— renumbered as this section.

Pub. L. 108–3752004— 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 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Application of Section to Superintendents Serving on

Pub. L. 106–65, div. A, title V, § 532(a)(5)113 Stat. 604

“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 [] 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.”
, , , provided that: