Defense secretary nominee granted congressional waiver

WASHINGTON — The House and Senate on Thursday overwhelmingly approved a waiver to allow Lloyd Austin, a retired four-star Army general, to serve as secretary of defense, eliminating a hurdle to confirmation for a crucial member of President Joe Biden’s national security team who is poised to become the first Black American to lead the Pentagon.

In back-to-back votes, lawmakers in both parties approved the special dispensation for Austin to hold the post, as required for any defense secretary who has been retired from active-duty military service for less than seven years. Leaders set a vote for today to confirm him.

The flurry of activity on Capitol Hill — and the pressure exerted by top Democrats to push his confirmation through — reflected the sense of urgency in the Biden administration to rapidly install Austin as the defense secretary, a step normally taken on a president’s first day in office to signal the continuity of American power as the presidency changes hands.

“In the face of the many threats, both foreign and domestic, confronting our nation, it is essential that Secretary-designate Austin be immediately confirmed,” said House Speaker Nancy Pelosi, D-Calif. “Blocking this waiver would be a mistake that, among other dangers, would delay the urgent work to be done to restore the independence and capabilities of the Defense Department, which we must do as soon as possible.”

For weeks, Austin’s chances for securing the waiver seemed tenuous, as lawmakers in both parties voiced reluctance to grant an exception to a law intended to maintain civilian control of the military. Congress approved a similar measure four years ago for James Mattis, former President Donald Trump’s first defense secretary and a retired four-star Marine general; some Democrats vowed that they would never do so again.

Rep. French Hill, R-Ark., voted against issuing a waiver for Austin.

“While I supported a waiver for General Mattis, the waiver exemption was never intended for repeated use, and granting another waiver merely four years after the second in history, in my view, sets us on a path to undermining civilian control of the United States military, something that has always been a hallmark of the American democracy,” Hill said in a statement.

Sen. Tom Cotton, R-Ark., also opposed the waiver.

Over the past two weeks, officials from Biden’s transition team, aided by top Democrats in Congress, pressured lawmakers to clear the way for Austin, and many began to scrap their reservations. Pelosi leaned on her members Thursday during a private conference call to grant Austin the waiver, according to multiple Democrats familiar with the remarks.

“Can you give the president of the United States the benefit of the doubt?” Pelosi asked, according to the Democrats, who described the private comments on condition of anonymity.

On Thursday, Austin met privately with members of the House Armed Services Committee and provided lawmakers with the same assurances that he gave to senators on that chamber’s Armed Services panel when he testified last week.

“I intend to surround myself with and empower experienced, capable civilian leaders who will enable healthy civil-military relations grounded in meaningful oversight,” Austin said. When it comes to Congress, he added, “We will be transparent with you. I will provide you my best counsel. And I will seek yours.”

An intense lobbying campaign in support of Austin’s nomination played out in the Senate. Vice President Kamala Harris reached out to her former colleagues, and Sen. Charles Schumer, D-N.Y., the new majority leader, buttonholed lawmakers on the Senate floor.

Sen. Dan Sullivan, R-Alaska, who shares a military history with Austin, said he was alarmed by the negative tone of a hearing concerning the waiver issue in the Senate committee this month.

“There had to be pushback, because I was concerned,” he said. Sullivan quickly began lobbying numerous colleagues.

For Austin’s allies, the siege by Trump supporters at the Capitol this month and the participation of some veterans and active-duty members of the military further underscored the importance of confirming a Black man to lead the Pentagon.

“We cannot overlook the historical significance of Secretary-designate Austin being the first African American selected to be secretary of defense in our history,” Rep. Adam Smith, D-Wash., chairman of the House Armed Services Committee, said in a letter to Democratic lawmakers this week.

Austin