CRS INSIGHT
Expedited Procedures Governing Senate Consideration
of Legislation Waiving a Restriction Related to the
Military Service of the Secretary of Defense
December 27, 2016 (IN10629)
|
Christopher M. Davis
|
Christopher M. Davis, Analyst on Congress and the Legislative Process (cmdavis@crs.loc.gov, 7-0656)
Sec
tion 179 of the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254), establishes
expedited or "fast track" parliamentary procedures governing Senate consideration of legislation that would waive a
legal restriction related to the prior military service of the Secretary of Defense. Section 113(a) of Title 10 of the U.S.
Code establishes that an individual "may not be appointed as Secretary of Defense within seven years after relief from
active duty as a commissioned officer of a regular component of an armed force."
1
Unless waived, this restriction could
be viewed as barring retired Marine Corps General James N. Mattis, who has been selected by President-elect Donald J.
Trump to be Secretary of Defense, from serving in that capacity. General Mattis retired from active duty in 2013.
Section 179 of the act establishes special "fast track" procedures governing Senate consideration of a bill or joint
resolution that would waive this seven-year restriction. The expedited procedures would apply only to Senate
consideration of a bill waiving Section 113(a) of Title 10 for the first person appointed as Secretary of Defense
following the enactment of P.L. 114-254 who had been retired from active duty for at least three years.
In order to qualify for the expedited procedures, waiver legislation must be introduced during a 30-calendar day period
that begins on the date that the 115
th
Congress (2017-2018) convenes. The legislation may be introduced by the Senate
majority leader, minority leader, or their respective designees or by the chair or ranking minority member of the
Committee on Armed Services. Both the title of the legislation and the matter after the enacting (or resolving) clause are
stipulated.
Once introduced, the legislation is to be referred to the Senate Committee on Armed Services. If the committee has not
reported the waiver legislation within five session days after the date of its referral, it is automatically discharged from
the further consideration of the measure.
Once the legislation is pending on the Senate Calendar of Business (either by being reported or by the committee being
discharged), a non-debatable motion to proceed to its consideration is in order. This motion may be repeated if it has
previously been disagreed to. All points of order against the waiver legislation and its consideration are waived.
