Smith introduces waiver for Austin to serve as SECDEF

House Armed Services Committee Chairman Adam Smith (D-WA) has introduced legislation that would grant a waiver for retired Army Gen. Lloyd Austin to serve as defense secretary.

A congressional waiver is required by law because Austin has been retired from the military for less than seven years. A similar waiver was given to retired Marine Corps Gen. Jim Mattis when he became President Trump's first defense secretary. Prior to that, the waiver has only been provided once in U.S. history -- to Army Gen. George Marshall in 1950.

President-elect Biden's choice of Austin has raised concerns among some lawmakers about civilian control of the military. Biden has said he is nominating Austin because he believes the retired general is the best person for the job as the United States tries to end the COVID-19 pandemic. If confirmed, Austin would be the first black U.S. defense secretary.

Austin, meanwhile, has pledged to run the Pentagon as a civilian, not a general.

"The legislation filed today is an important step to advance the process for Secretary-designate Austin's historic nomination," Smith said in a statement. "While I initially had concerns about the nomination of another recently retired general, Secretary-designate Austin has reinforced his understanding of the role civilian control of our military plays in the safety and security of our democracy and is committed to upholding this cherished principle."

Senate Minority Leader Chuck Schumer (D-NY), who next week will become leader of the Democratic majority in the Senate, has introduced a similar waiver for Austin.

Though the Senate must confirm Austin, his waiver requires approval from the full Congress.

The retired general is scheduled to appear before the Senate Armed Services Committee for his nomination hearing Jan. 19. Austin also has a hearing scheduled with the House Armed Services Committee on Jan. 21.