Page:United States Statutes at Large Volume 118.djvu/1932

 118 STAT. 1902 PUBLIC LAW 108–375—OCT. 28, 2004 Subtitle E—Military Service Academies 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 SUPER INTENDENT.—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 fol lowing: ‘‘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

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