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.
[117th Congress Public Law 1]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 3]]

Public Law 117-1
117th Congress

                                 An Act


 
   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. <<NOTE: Jan. 
                        22, 2021 -  [H.R. 335]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 10 USC 113 note.>>  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) <<NOTE: Applicability.>>  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.

    Approved January 22, 2021.

LEGISLATIVE HISTORY--H.R. 335 (S. 12):
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            Jan. 21, considered and passed House and Senate.

                                  <all>
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.
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 - House of Representatives
Official Title as Introduced
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.
Rep. Smith, Adam