10 USC § 8371 - Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority

---
identifier: "/us/usc/t10/s8371"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8371 - Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8371"
section_name: "Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority"
chapter_number: 843
chapter_name: "INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 8371. Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority

**(a)** **Mandatory 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.

**(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.

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**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.)

## Editorial Notes

### Prior Provisions

A prior section 8371, added , , , related to promotion of officers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by , , , effective . See section 14301 et seq. of this title.

### Amendments

2022—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.”

2018—, renumbered  as this section.

Subsec. (a). , substituted “chapter 841” for “chapter 571”.

2004— inserted “; waiver authority” after “Academy” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment 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 October 5, 1999

Section not applicable to an officer serving on , in the position of Superintendent of the United States Military Academy, Naval Academy, or 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, see , set out as a note under .