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135 STAT. 3
PUBLIC LAW 117–1—JAN. 22, 2021
LEGISLATIVE HISTORY—H.R. 335 (S. 12):
CONGRESSIONAL RECORD, Vol. 167 (2021):
Jan. 21, considered and passed House and Senate.
Æ
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.
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 sec-
tion 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.
Approved January 22, 2021.
Applicability.
10 USC 113 note.
Jan. 22, 2021
[H.R. 335]
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13:46 Mar 17, 2021
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