House Approves Waiver for Lloyd Austin to Serve as Biden’s Defense Secretary

Colombainconstantine
4 min readJan 22, 2021

President Joe Biden’s pick for defense secretary appears headed for a smooth confirmation before the Senate, which will vote on the waiver later in the afternoon.

RETIRED GEN. LLOYD Austin cleared a few key hurdles Thursday on his way to a swift confirmation by the Senate as the House overwhelmingly approved a waiver that will allow him to serve as President Joe Biden’s secretary of defense.

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In a 326–78 vote, the House granted Austin a waiver to the law that requires a defense secretary to be out of active duty for seven years before taking the helm at the Pentagon. Austin retired in 2016 as a four-star Army general who in his last role led the United States Central Command overseeing all operations in the Middle East.

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The House’s approval comes hours after the Senate Armed Services Committee advanced Austin’s nomination and the waiver in a voice vote, which tees up a final floor vote scheduled for later in the afternoon. If he’s granted the waiver and confirmed by the Senate — which appears likely — Austin will become the first Black defense secretary in U.S. history.

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House Armed Services Committee Chairman Adam Smith of Washington said that Austin’s time in the armed forces “puts him in a unique position to address the problem of white supremacy and lack of diversity across the military. There is no question he is qualified for this job.”

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While members in both parties have warned about setting a new precedent on granting waivers, the measure ultimately garnered broad bipartisan approval. A number of House Republicans noted that they would do so since they similarly granted a waiver for former President Donald Trump’s defense secretary James Mattis in 2017.

The full Senate will take up Austin’s nomination and the waiver later on Thursday. If confirmed, Austin will become the second member of Biden’s Cabinet approved by the Senate following the confirmation of Director of National Intelligence Avril Haines hours after the president’s inauguration. The Senate is also trying to move quickly on confirming other key Cabinet positions, including Biden’s nominee for Treasury and State.

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An earlier statement from the Armed Services Committee noted that while Austin’s nomination was immediately reported to the floor following the committee voice vote, the full Senate “will not vote to confirm Austin until after the committee receives and reviews Austin’s response to questions for the record.”

Requests for a waiver have overall been rare since lawmakers strongly value prioritizing civilian control of the military and the Pentagon. The first Defense secretary to receive a waiver was George Marshall, who served as former President Harry Truman’s Pentagon chief in 1950. Mattis, Trump’s first defense secretary, became the second person to require a waiver in 2017.

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Members of the Senate Armed Services Committee previously expressed broad skepticism about granting another waiver for a retired general a mere four years after the one for Mattis, including from top Democrat, Sen. Jack Reed of Rhode Island, who said in 2017 he believed such exemptions should only come once in a generation.

Despite the concerns, and other scrutiny about Austin’s position on the board of defense contractor behemoth Raytheon, the former commander for conflicts in the Middle East had a relatively uneventful Senate confirmation hearing this week. And Reed subsequently expressed support for Austin’s nomination, deferring to Biden on picking the members of the Cabinet he wants.

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“I hope the Senate will soon confirm former General Austin on a strong, bipartisan vote so he may begin the urgent task of leading the Pentagon, defending our country, and addressing pressing and complex security challenges,” Reed said in a statement.

Paul Shinkman contributed to this report.

Lisa Hagen, Reporter

Lisa Hagen is a politics reporter for U.S. News & World Report covering Congress, the 2020 … READ MORE

Tags: House of Representatives, military, Department of Defense, Pentagon, Congress

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