This bill allows the first person nominated and appointed as Secretary of Defense after 12 p.m. (Eastern Standard Time) on January 20, 2021, to be a person who is, on the date of appointment, at least four years after relief from active duty as a commissioned officer of a regular component of the Armed Forces. Under current law, an individual may not be appointed as Secretary of Defense within seven years after relief from such active duty.
To provide for an exception to a limitation against appointment of 
   persons as Secretary of Defense within seven years of relief from 
   active duty as a regular commissioned officer of the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS 
              SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM 
              ACTIVE DUTY AS REGULAR COMMISSIONED OFFICERS OF THE ARMED 
              FORCES.

    (a) In General.--Notwithstanding the second sentence of section 
113(a) of title 10, United States Code, the first person appointed, by 
and with the advice and consent of the Senate, as Secretary of Defense 
in an appointment made on or after January 20, 2021, may be a person 
who is, on the date of appointment, within seven years after relief, 
but not within four years after relief, from active duty as a 
commissioned officer of a regular component of the Armed Forces.
    (b) Limited Exception.--This section applies only to the first 
person nominated after 12 p.m. (Eastern Standard Time) on January 20, 
2021, and appointed as Secretary of Defense as described in subsection 
(a), and to no other person.
                                                         Calendar No. 3

117th CONGRESS

  1st Session

                                 S. 12

_______________________________________________________________________
A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces.
A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces.
Official Titles - Senate
Official Title as Introduced
A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces.
Sen. Schumer, Charles E.