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10 U.S.C. § 7321 — Mandatory retirement: Superintendent of the United States Military Academy; waiver authority
Federal law — U.S. Code and appendices · legal_authorities
**(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 shall 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 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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Stable record: federal_law:legal_authorities:record_usc_e1f9900a10868e8aacb2f849
Source file: Laws/federal/codes/united-states-code/title-10/section-7321-mandatory-retirement-superintendent-of-the-united-states-military-academ--b8273a0e93.md
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Source location: Title 10, Chapter 741, § 7321; chapter-741-retirement-for-length-of-service.md
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**(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 shall 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 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Not less than 90 days before the award of a contract for the dismantlement and disposal of a nuclear-powered aircraft carrier, or the provision of funds to a naval shipyard for the dismantlement and disposal of a nuclear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following:
(1) A cost and schedule baseline for the dismantlement and disposal approved by the service acquisition executive of the Department of the Navy and the Chief of Naval Operations.
(2) A description of the regulatory framework applicable to the management of radioactive materials in connection with the dismantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory enforcement authority—
(A) a certification from that entity of its agreement to serve as the regulatory enforcement authority; and
(B) a description of the legal basis for the authority of that entity to serve as the regulatory enforcement authority.
**(b) Supplemental Information With Budgets.—** In the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for a fiscal year (as submitted to Congress under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)), the Secretary of the Navy shall include information on each dismantlement and disposal of a nuclear-powered aircraft carrier occurring or planned to occur during the period of the future-years defense program submitted to Congress with that budget. Such information shall include, by ship concerned, the following:
(1) A summary of activities and significant developments in c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8691
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.—**
(1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under [section 4124(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/d&num=0&edition=prelim) for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery.
(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.
**(b) Products for Which Federal Prison Industries Has Significant Market Share.—**
(1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement.—** As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to [section 7321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7321/a&num=0&edition=prelim), unless such retirement is waived under [section 7321(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7321/b&num=0&edition=prelim).
**(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 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7433a
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8371
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is a Superintendent of the United States Naval Academy. The immediate governance of the Naval Academy is under the Superintendent.
**(b)** The Superintendent shall be detailed to that position by the President. As a condition for detail to that position, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to [section 8371(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8371/a&num=0&edition=prelim), unless such retirement is waived under [section 8371(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8371/b&num=0&edition=prelim).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8451a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement.—** As a condition for detail to the position of Superintendent of the Academy, an officer shall acknowledge that upon termination of that detail the officer shall be retired pursuant to [section 9321(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9321/a&num=0&edition=prelim), unless such retirement is waived under [section 9321(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9321/b&num=0&edition=prelim).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9433a
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Federal law — U.S. Code and appendices · legal_authorities
Page 3028
TITLE 10—ARMED FORCES
§ 7321
(b) Subsection (a) applies in the case of the fol-
lowing officers:
(1) Any permanent professor of the United
States Military Academy.
(2) The Director of Admissions of the United
States Military Academy.
(Aug. 10, 1956, ch. 1041, 70A Stat. 226, § 3920; Pub.
L. 104–106, div. A, title V, § 509(a)(1), Feb. 10, 1996,
110 Stat. 297; renumbered § 7320, Pub. L. 115–232,
div. A, title VIII, § 808(b)(12), Aug. 13, 2018, 132
Stat. 1838.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
3920 .........
10:1079a(c) (proviso).
Aug. 7, 1947, ch. 512,
§ 520(c) (proviso), 61
Stat. 912.
The word ‘‘retire’’ is substituted for the words ‘‘direct
the retirement of’’. The words ‘‘as a commissioned offi-
cer’’ are substituted for the word ‘‘commissioned’’.
Editorial Notes
PRIOR PROVISIONS
A prior section 7320 was renumbered section 8690 of
this title.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 3920 of this
title as this section.
1996—Pub. L. 104–106 substituted ‘‘permanent profes-
sors and the Director of Admissions of the United
States Military Academy’’ for ‘‘permanent professors
of United States Military Academy’’ in section catch-
line and amended text generally. Prior to amendment,
text read as follows: ‘‘The Secretary of the Army may
retire any permanent professor of the United States
Military Academy who has more than 30 years of serv-
ice as a commissioned officer.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
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
300
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7321
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