H.R. 393House115th Congress (2017-2019)In Committee

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.

Introduced January 10, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:38 AM UTC

This bill changes the existing rule that bars former regular commissioned officers from being appointed Secretary of Defense within seven years of leaving active duty. It creates a one‑time exception, permitting the first Secretary appointed after the law takes effect to have left the military between three and seven years ago. The change only affects the eligibility of the Secretary of Defense position.

Key Provisions

  • Allows the first Secretary of Defense appointed after the bill becomes law to be a former regular commissioned officer who is between three and seven years out of active duty.
  • The exception applies only to that first appointment and does not extend to any future Secretaries.

Legislative Activity

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5 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 1.

February 16, 2017

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HouseIntro Referral

Introduced in House

January 10, 2017

HouseIntro Referral

Referred to the House Committee on Armed Services.

January 10, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

January 12, 2017

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 34 - 28.

January 12, 2017

HouseCommittee

Reported by the Committee on Armed Services. H. Rept. 115-13.

February 16, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 1.

February 16, 2017

Floor Debate

24 members

What members said about H.R. 393 on the floor

19 Republicans5 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · Jan 13, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, first of all, I want to thank the chairman, and I want to thank the members of the Armed Services Committee. I think we had a very…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Jan 13, 2017

Mr. Speaker, pursuant to House Resolution 48, I call up the bill (S. 84) to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 13, 2017

I thank the gentleman specifically for a clarity on the status of General Mattis as the legislation is written. I think it is important, Mr. Speaker, that all of us who stand make sure the American…

Duncan Hunter
Rep. Duncan HunterR-CA-50 · Jan 13, 2017

Mr. Speaker, I rise in strong support of S. 84. Here is what I think this is about. We feel slighted. We in Congress feel slighted that the Trump administration did not deign to have General Mattis…

K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Jan 13, 2017

Mr. Speaker, I rise today on this piece of legislation before us that would provide a waiver for the appointment of Mr. Jim Mattis to serve as Secretary of Defense. I've listened to and respect much…

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Jacky Rosen
Rep. Jacky RosenD-NV-3 · Jan 13, 2017

Mr. Speaker, I rise in opposition to this legislation. In the aftermath of World War II, leaders from both parties, who many in this House revere to this day, developed the principle of civilian…

Trent Kelly
Rep. Trent KellyR-MS-1 · Jan 13, 2017

Mr. Speaker, I rise today in support of the legislation that would allow General James Mattis to be allowed to serve as our Secretary of Defense. As Members of Congress, we are sworn to uphold the…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Jan 13, 2017

Mr. Speaker, I support this legislation in order to ensure General James Mattis can become the next United States Secretary of Defense. It is critically important to our military men and women as…

Brad R. Wenstrup
Rep. Brad R. WenstrupR-OH-2 · Jan 13, 2017

Mr. Speaker, I rise in strong support of providing a waiver permitting the nomination of General James Mattis to the Office of Secretary of Defense. General Mattis is an exceptional warrior,…

Scott Taylor
Rep. Scott TaylorR-VA-2 · Jan 13, 2017

Mr. Speaker, I rise to speak in support of General Mattis. I rise to speak to my colleagues, both Republican and Democrat. I rise to appeal to the unity of our Chamber, unity of our voice to the…

Michael R. Turner
Rep. Michael R. TurnerR-OH-10 · Jan 13, 2017

Mr. Speaker, the United States and our allies currently face some of the most complex security challenges in our recent history. ISIS continues to sweep across much of the Middle East. An…

Steve Russell
Rep. Steve RussellR-OK-5 · Jan 13, 2017

Mr. Speaker, what is it that objectors are truly afraid of? We hear the words ``civilian control of the military'' as if somehow those American citizens who have borne the brunt of service or battle…

Susan A. Davis
Rep. Susan A. DavisD-CA-53 · Jan 13, 2017

Mr. Speaker, I opposed similar legislation in a markup yesterday, and I cannot support it today. My concerns are not with the exceptional qualifications and decades of honorable service of General…

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Don Bacon
Rep. Don BaconR-NE-2 · Jan 13, 2017

Mr. Speaker, I rise in support of S. 84 today to do this one-time exception so that we can have General Mattis as our next Secretary of Defense. Today our Nation is confronted with a complex array of…

Ron DeSantis
Rep. Ron DeSantisR-FL-6 · Jan 13, 2017

Mr. Speaker, I rise in support of this measure. I think it is important to point out that when you talk about civilian control, General Mattis is, in fact, a civilian. He is not in command of any…

Mike Rogers
Rep. Mike RogersR-AL-3 · Jan 13, 2017

Mr. Speaker, I rise today in strong support of the rule and passage of H.R. 393, to allow retired General James Mattis to become our Nation's 26th Secretary of Defense. First of all, I would like to…

Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Jan 13, 2017

Mr. Speaker, I rise in support of S. 84, a bill that would allow for General James Mattis to be considered for an appointment as the 26th Secretary of Defense of the United States. Leading up to this…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Jan 13, 2017

Mr. Speaker, I thank Chairman Mac Thornberry for yielding. I appreciate the gentleman's positive leadership as chairman of the House Armed Services Committee. I am grateful to endorse this selection…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Jan 13, 2017

Mr. Speaker, I rise today in support of this legislation. Civilian control of the military is a very important principle that has served our country well. Current law provides that there should be a…

Mike Gallagher
Rep. Mike GallagherR-WI-8 · Jan 13, 2017

Mr. Speaker, like every marine of my generation, during my time in the Corps I gained a profound respect for General Jim Mattis as simply the finest warrior that we have produced since Chesty Puller,…

Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · Jan 13, 2017

Mr. Speaker, I rise today as an advocate for the United States military and the selfless men and women who fill its ranks. While I fully appreciate the points that my colleagues are making, this is…

Jim Banks
Rep. Jim BanksR-IN-3 · Jan 13, 2017

Mr. Speaker, I rise today to express my strong support for granting a waiver for James Mattis continuing his distinguished service to our Nation as our next Secretary of Defense. We live in deeply…

Mike Coffman
Rep. Mike CoffmanR-CO-6 · Jan 13, 2017

Mr. Speaker, I rise in strong support of S. 84. If we look back at the origin of this 1947 law in the aftermath of World War II, it was really written to require, I think at that time, 10 years of…

A. Donald McEachin
Rep. A. Donald McEachinD-VA-4 · Jan 13, 2017

Mr. Speaker, I rise today in opposition to this bill. Mr. Speaker, every one of us in this body was elected to serve and represent the people of our districts. Doing our jobs means fairly and fully…

Bill Text

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Reported in HouseIssued February 16, 2017

IB

Union Calendar No. 1

115th CONGRESS

1st Session

H. R. 393

[Report No. 115–13]

IN THE HOUSE OF REPRESENTATIVES

January 10, 2017

Mr. Thornberry introduced the following bill; which was referred to the Committee on Armed Services

February 16, 2017

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


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.


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 after the date of the enactment of this Act may be a person who is, on the date of appointment, within seven years after relief, but not within three 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 appointed as Secretary of Defense as described in subsection (a) after the date of the enactment of this Act, and to no other person.

February 16, 2017

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed