§7433a. Superintendent: condition for detail to position

(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, unless such retirement is waived under section 7321(b) of this title.

(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.

(Added Pub. L. 106–65, div. A, title V, §532(a)(1)(B), Oct. 5, 1999, 113 Stat. 603 , §4333a; amended Pub. L. 108–375, div. A, title V, §541(b)(1), Oct. 28, 2004, 118 Stat. 1902 ; renumbered §7433a and amended Pub. L. 115–232, div. A, title VIII, §§808(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1839 , 1840.)

Editorial Notes

Amendments

2018-Pub. L. 115–232, §808(c)(1), renumbered section 4333a of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 7321(a)" for "section 3921(a)" and "section 7321(b)" for "section 3921(b)".

2004-Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, inserted "pursuant to section 3921(a) of this title, unless such retirement is waived under section 3921(b) of this title" before period at end, and added subsec. (b).

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 3001 of this title.

Application of Section to Superintendents Serving on October 5, 1999

Section not applicable to an officer serving on Oct. 5, 1999, 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 section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.