Public Law 117–1: 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.Public Law1Public Law 117–1135 Stat. 32021-01-222021-01-22United States Government Publishing OfficeNational Archives and Records AdministrationOffice of the Federal Registertext/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.GPO Locator to USLM Converter 4.15.31;Stage2.202507022026-01-02117publicPUBLIC LAW 117–1—JAN. 22, 2021135 STAT. 3Public Law117–1117th CongressAn ActTo 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.
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.
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)
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.ApprovedJanuary 22, 2021.LEGISLATIVE HISTORY—H.R. 335 (S. 12):CONGRESSIONAL RECORD, Vol. 167 (2021):