10 U.S.C. § 8371 — Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority
submitted 27 years ago by Pub. L. 106-65 to r/title-10-ARMED-FORCES · 179 words · no verdicts yet
This section requires the Secretary of the Navy to retire an officer when the officer’s assignment as Superintendent of the United States Naval Academy ends, if the officer is eligible under any provision of chapter 841. The Secretary of Defense may waive that requirement for good cause, subject to notices and Senate approval of a later assignment.
(a) Mandatory retirement. When an officer’s assignment as Superintendent of the United States Naval Academy ends, the Secretary of the Navy must retire the officer* under any provision of chapter 841 of this title under which the officer is eligible to retire. (b) Waiver authority. The Secretary of Defense may waive subsection (a) for good cause. For each officer whose requirement is waived, the Secretary must send the Senate and House Armed Services Committees written notice of the waiver, a statement of the reasons for deciding that the officer should not retire, and written notice that the President intends to nominate the officer for reassignment. If a waiver is granted, the Senate must give advice and consent to the officer’s later nomination and appointment to another assignment instead of retirement.
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.
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.
Source credit: (Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108–375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117–263, div. A, title V, § 509(b), Dec. 23, 2022, 136 Stat. 2560.)
- 1999Enacted · Pub. L. 106-65 · 113 Stat. 603
- 2004Amended · Pub. L. 108-375 · 118 Stat. 1902, 1904
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2560
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.
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