§ 7321. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title V § 532(a)(1)(A) · 113 Stat. 512

   Enacted · 10 U.S.C. § 7321

   Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, § 3921

   Source evidence

   Code source credit
   Added Pub. L. 106–65, div. A, title V, § 532(a)(1)(A), Oct. 5, 1999, 113 Stat. 602, § 3921

   Enacted provision · exact public law section
   (A) Chapter 367 of title 10, United States Code, is amended by inserting after section 3920 the following new section: “§ 3921. Mandatory retirement: Superintendent of the United States Military Academy “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.”.

2. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title V § 541(a)(1) · 118 Stat. 1811

   1. Inserted · 10 U.S.C. § 7321

      Pub. L. 108–375 inserted “; waiver authority” at end of section catchline

   2. Amended · 10 U.S.C. § 7321

      Pub. L. 108–375 designated existing provisions as subsec. (a)

   3. Inserted · 10 U.S.C. § 7321

      Pub. L. 108–375 inserted heading

   4. Added · 10 U.S.C. § 7321

      Pub. L. 108–375 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 108–375 inserted “; waiver authority” at end of section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (1) Military academy.— Section 3921 is amended— (A) by inserting “(a) Mandatory Retirement.—” before “Upon the”; and (B) by adding at the end the following: “(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.” .

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 808(b)(12) · 132 Stat. 1636

   Changed · 10 U.S.C. § 7321

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

   Source evidence

   Code amendment note
   Pub. L. 115–232 renumbered section 3921 of this title as this section.

   Enacted provision · exact public law section
   (12) Chapter 367.— Each section in chapter 367 10 USC 7311, 7314, 7317, 7318, 7320, 7321, 7324–7326, 7329. is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.

   Effective date note
   Amendment 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.

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title V § 509(a) · 136 Stat. 2395

   Inserted · 10 U.S.C. § 7321(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) United States Military Academy.— Section 7321(b) of title 10, United States Code, is amended by adding at the end the following: “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.”.

7 of 7 references resolved to an enrolled provision