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.
Public Law 115-2 · S. 84 · 115th Congress · began in the Senate
Signed by Donald Trump (R) on Jan 20, 2017 · Armed Forces and National Security
Sponsor: Sen. John McCain (R-AZ)
Cosponsors: None
Passage votesYeaNay
- HouseRecorded vote: 268 yea, 151 nay268–151
- SenateRecorded vote: 81 yea, 17 nay81–17
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
(Sec. 1) This bill allows the first person, and only such person, appointed as Secretary of Defense after the enactment of this bill to be a person who is, on the date of appointment, not within at least three years after relief from active duty as a commissioned officer of a regular component of the Armed Forces. (Under current law, an individual may not be appointed as Secretary of Defense within seven years after relief from such active duty.)
Who voted for it
Every senator of the 115th Congress on the ideology compass. Highlighted: the 81 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
81 yea17 nay2 present or did not vote
Democrats who voted yea(31)
Sen. Kamala HarrisD-CA
Sen. Mazie HironoD-HI
Sen. Brian SchatzD-HI
Sen. Martin HeinrichD-NM
Sen. Sherrod BrownD-OH
Sen. Catherine Cortez MastoD-NV
Sen. Chuck SchumerD-NY
Sen. Bob MenendezD-NJ
Sen. Debbie StabenowD-MI
Sen. Sheldon WhitehouseD-RI
Sen. Maria CantwellD-WA
Sen. Al FrankenD-MN
Sen. Dianne FeinsteinD-CA
Sen. Bob CaseyD-PA
Sen. Jack ReedD-RI
Sen. Benjamin CardinD-MD
Sen. Amy KlobucharD-MN
Sen. Gary PetersD-MI
Sen. Maggie HassanD-NH
Sen. Tim KaineD-VA
Sen. Jeanne ShaheenD-NH
Sen. Michael BennetD-CO
Sen. Christopher CoonsD-DE
Sen. Bill NelsonD-FL
Sen. Thomas CarperD-DE
Sen. Mark WarnerD-VA
Sen. Claire McCaskillD-MO
Sen. Angus KingD-ME
Sen. Joe DonnellyD-IN
Sen. Heidi HeitkampD-ND
Sen. Joe ManchinD-WV
Republicans who voted yea(50)
Sen. Susan CollinsR-ME
Sen. Lisa MurkowskiR-AK
Sen. Rob PortmanR-OH
Sen. Pat RobertsR-KS
Sen. Orrin HatchR-UT
Sen. Jeff SessionsR-AL
Sen. Johnny IsaksonR-GA
Sen. Lindsey GrahamR-SC
Sen. Shelley CapitoR-WV
Sen. Roy BluntR-MO
Sen. Todd YoungR-IN
Sen. Thad CochranR-MS
Sen. John HoevenR-ND
Sen. John BoozmanR-AR
Sen. Mitch McConnellR-KY
Sen. John McCainR-AZ
Sen. Richard ShelbyR-AL
Sen. Thom TillisR-NC
Sen. Mike RoundsR-SD
Sen. Roger WickerR-MS
Sen. John CornynR-TX
Sen. Bill CassidyR-LA
Sen. Cory GardnerR-CO
Sen. Richard BurrR-NC
Sen. Deb FischerR-NE
Sen. Chuck GrassleyR-IA
Sen. John ThuneR-SD
Sen. Dan SullivanR-AK
Sen. Dean HellerR-NV
Sen. John KennedyR-LA
Sen. Bob CorkerR-TN
Sen. David PerdueR-GA
Sen. Joni ErnstR-IA
Sen. Tim ScottR-SC
Sen. Marco RubioR-FL
Sen. Jim InhofeR-OK
Sen. Tom CottonR-AR
Sen. Mike CrapoR-ID
Sen. Michael EnziR-WY
Sen. John BarrassoR-WY
Sen. Steve DainesR-MT
Sen. Ron JohnsonR-WI
Sen. Ted CruzR-TX
Sen. James LankfordR-OK
Sen. James RischR-ID
Sen. Pat ToomeyR-PA
Sen. Ben SasseR-NE
Sen. Jeff FlakeR-AZ
Sen. Rand PaulR-KY
Sen. Mike LeeR-UT
Data notes
The Senate’s recorded vote on the final version of the law (roll call 27 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
2 bills the Library of Congress relates to this one.
H.R. 393Identical billRelated 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.
H.Res. 48Procedurally-related
Providing for consideration of the concurrent resolution (S. Con. Res. 3) setting forth the congressional budget for the United States Government for fiscal year 2017 and setting forth the appropriate budgetary levels f…
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 24 actions.
- Jan 20, 2017Became lawBecame law · Signed by President.
- FloorFloor · Presented to President.
- Jan 13, 2017FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed by recorded vote: 268 - 151, 1 Present (Roll no. 59).House roll call 59
- FloorFloor · Considered as unfinished business.
- FloorFloor · POSTPONED PROCEEDINGS - At the conclusion of debate on S. 84, the Chair put the question on passge and by voice vote announced that the ayes had prevailed. Mr. Smith (WA) demanded a recorded vote, and the Chair postponed further proceedings on passage of S. 84 until later in the…
- FloorFloor · The previous question was ordered pursuant to the rule.
- FloorFloor · DEBATE - The House proceeded with 90 minutes of debate on S. 84.
- FloorFloor · Rule provides for consideration of S. Con. Res. 3 and S. 84. The resolution provides for two hours of general debate on S. Con. Res. 3 under a structured rule, and ninety minutes of debate on S.84. The resolution also provides for one motion to commit on S. 84.
- FloorFloor · Considered under the provisions of rule H. Res. 48.
- FloorFloor · Rule H. Res. 48 passed House.
- Jan 12, 2017FloorFloor · Rules Committee Resolution H. Res. 48 Reported to House. Rule provides for consideration of S. Con. Res. 3 and S. 84. The resolution provides for two hours of general debate on S. Con. Res. 3 under a structured rule, and ninety minutes of debate on S.84. The resolution also prov…
- FloorFloor · Held at the desk.
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Received in the House.
- FloorFloor · Passed Senate, having achieved 60 votes in the affirmative (pursuant to H.R. 2028, 114th Congress), without amendment by Yea-Nay Vote. 81 - 17. Record Vote Number: 27.Senate roll call 27
- FloorFloor · Measure laid before Senate by motion.
- FloorFloor · Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
- FloorFloor · Motion to proceed to consideration of measure made in Senate. (CR S299)
- CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
- CommitteeCommittee · Committee on Armed Services. Reported by Senator McCain without amendment. Without written report.
- CommitteeCommittee · Committee on Armed Services. Ordered to be reported without amendment favorably.
- Jan 10, 2017CommitteeCommittee · Read twice and referred to the Committee on Armed Services.
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.