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.

II Calendar No. 3 117TH CONGRESS 1ST SESSION S. 12 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. IN THE SENATE OF THE UNITED STATES JANUARY 3, 2021 Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on Armed Services JANUARY 21, 2021 Reported by Mr. INHOFE, without amendment A BILL To provide for an exception to a limitation against appoint- ment of persons as Secretary of Defense within seven years of relief from active duty as a regular commis- sioned officer of the Armed Forces. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:29 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S12.RS S12 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 12 RS SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINT- 1 MENT OF PERSONS AS SECRETARY OF DE- 2 FENSE WITHIN SEVEN YEARS OF RELIEF 3 FROM ACTIVE DUTY AS REGULAR COMMIS- 4 SIONED OFFICERS OF THE ARMED FORCES. 5 (a) IN GENERAL.—Notwithstanding the second sen- 6 tence of section 113(a) of title 10, United States Code, 7 the first person appointed, by and with the advice and con- 8 sent of the Senate, as Secretary of Defense in an appoint- 9 ment made on or after January 20, 2021, may be a person 10 who is, on the date of appointment, within seven years 11 after relief, but not within four years after relief, from 12 active duty as a commissioned officer of a regular compo- 13 nent of the Armed Forces. 14 (b) LIMITED EXCEPTION.—This section applies only 15 to the first person nominated after 12 p.m. (Eastern 16 Standard Time) on January 20, 2021, and appointed as 17 Secretary of Defense as described in subsection (a), and 18 to no other person. 19 VerDate Sep 11 2014 23:29 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S12.RS S12 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 23:29 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S12.RS S12 pbinns on DSKJLVW7X2PROD with BILLS 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. JANUARY 21, 2021 Reported without amendment VerDate Sep 11 2014 23:29 Jan 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S12.RS S12 pbinns on DSKJLVW7X2PROD with BILLS