Pub. L. 108-375, div. A, tit. V, subtit. E, sec. 541
REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE ACADEMY SUPERINTENDENTS.
SEC. 541. REVISION TO CONDITIONS ON SERVICE OF OFFICERS AS SERVICE ACADEMY SUPERINTENDENTS.(a) Authority to Waive Requirement That Officers Retire After Service as Superintendent.—Title 10, United States Code, is amended as follows:(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.”.(2) Naval academy.—Section 6371 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) Air Force Academy.—Section 8921 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.”.(b) Minimum Three-Year Tour of Duty as Superintendent.—Title 10, United States Code, is amended as follows:(1) Military academy.—Section 4333a is amended—(A) by inserting “(a) Retirement.—” before “As a”;(B) by inserting before the period at the end the following: “pursuant to section 3921(a) of this title, unless such retirement is waived under section 3921(b) of this title”; and(C) by adding at the end the following:“(b) Minimum Tour of Duty.—An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before 118 STAT. 1903 having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Army shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.”.(2) Naval academy.—Section 6951a is amended—(A) by inserting before the period at the end of subsection (b) the following: “pursuant to section 6371(a) of this title, unless such retirement is waived under section 6371(b) of this title”; and(B) by adding at the end the following new subsection:“(c) An officer who is detailed to the position of Superintendent shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Navy shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.”.(3) Air force academy.—Section 9333a is amended—(A) by inserting “(a) Retirement.—” before “As a”;(B) by inserting before the period at the end the following: “pursuant to section 8921(a) of this title, unless such retirement is waived under section 8921(b) of this title”; and(C) by adding at the end the following:“(b) Minimum Tour of Duty.—An officer who is detailed to the position of Superintendent of the Academy shall be so detailed for a period of not less than three years. In any case in which an officer serving as Superintendent is reassigned or retires before having completed three years service as Superintendent, or otherwise leaves that position (other than due to death) without having completed three years service in that position, the Secretary of the Air Force shall submit to Congress notice that such officer left the position of Superintendent without having completed three years service in that position, together with a statement of the reasons why that officer did not complete three years service in that position.”.(c) Clerical Amendments.—Title 10, United States Code, is amended as follows:(1)(A) The heading for section 3921 is amended to read as follows: 118 STAT. 1904 “§ 3921. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority” .(B) The item relating to that section in the table of sections at the beginning of chapter 367 is amended to read as follows: “3921. Mandatory retirement: Superintendent of the United States Military Academy; waiver authority.”. (2)(A) The heading for section 6371 is amended to read as follows: “§ 6371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority” .(B) The item relating to that section in the table of sections at the beginning of chapter 573 is amended to read as follows: “6371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority.”. (3)(A) The heading for section 8921 is amended to read as follows: “§ 8921. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority” .(B) The item relating to that section in the table of sections at the beginning of chapter 867 is amended to read as follows: “8921. Mandatory retirement: Superintendent of the United States Air Force Academy; waiver authority.”.