Section 125 of title 10 grants authority to the Secretary of Defense to realine Department of Defense functions. It requires him to report proposed realinements to Congress and includes a provision for a legislative veto in case either the House or Senate Armed Services Committee disagrees with the proposal. Because the legislative veto provision of section 125 has probably been invalidated as a result of the Supreme Court decision in immigration and Naturalization Service (INS) against Chadha. the Secretary of Defenses authority in 10 U.S.C. 125 at present exceeds what was originally intended by the framers of that section. In essence. the Matsui amendment would limit the authority presently enjoyed by the Secretary of Defense under 10 U.S.C. 125. It would cause the Secretary of Defense to seek separate legislative authority for any realinement actions involving functions assigned to the military departments.
Keywords matched
Naturalization immigration