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^* must 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 that a waiver is granted for an officer, the Secretary must 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 that officer having served as Superintendent of the Academy to a further assignment in lieu of retirement must be subject to the advice and consent of the Senate.