Senate approves waiver for Biden's Pentagon nominee

The Senate has approved a waiver allowing retired Gen. Lloyd AustinLloyd AustinThe Hill’s Morning Report – Biden’s crisis agenda hits headwinds Senate chaos threatens to slow Biden’s agenda Overnight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 MORE to serve as President Biden’s Defense secretary, removing the final obstacle before the upper chamber votes on his confirmation.

The Senate’s 69-27 vote to approve the waiver Thursday afternoon comes shortly after the House easily passed the waiver in its own 326-78 vote.

It also comes just hours after the Senate Armed Services Committee advanced both the waiver and Austin’s nomination to the Senate floor.

The Senate still must vote on Austin’s actual confirmation, which is scheduled for Friday.

Austin, who retired from the military in 2016, needs the waiver because of a law that requires Defense secretaries to be out of uniform for at least seven years.

Some lawmakers in both parties initially expressed concerns about granting Austin a waiver, particularly so soon after doing so for James MattisJames Norman MattisOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Senate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee MORE, former President TrumpDonald TrumpIran’s leader vows ‘revenge,’ posting an image resembling Trump Former Sanders spokesperson: Biden ‘backing away’ from ‘populist offerings’ Justice Dept. to probe sudden departure of US attorney in Atlanta after Trump criticism MORE’s first Defense secretary.

Austin sought to blunt any lingering concerns lawmakers had about granting the waiver during his confirmation hearing before the Senate Armed Services Committee on Tuesday, pledging in his opening statement to ensure strong civilian control of the military.

“Let me say at the outset that I understand and respect the reservations some of you have expressed about having another recently retired general at the head of the Department of Defense,” Austin said.

“The safety and security of our democracy demands competent civilian control of our armed forces, the subordination of military power to the civil,” he added.

Austin received an additional boost Wednesday after the incoming chairman of the Senate Armed Services Committee, Sen. Jack ReedJack ReedSenate approves waiver for Biden’s Pentagon nominee Senate panel advances Biden Pentagon nominee Overnight Defense: Biden inaugurated as 46th president | Norquist sworn in as acting Pentagon chief | Senate confirms Biden’s Intel chief MORE (D-R.I.), announced his support for Austin, despite saying four years ago he would not support another recently retired general after Mattis.

“Lloyd AustinLloyd AustinOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Nearly 1 in 5 people charged in Capitol riot have military history: analysis Senate approves waiver for Biden’s Pentagon nominee MORE is a decorated leader who has led a distinguished career and is exceptionally qualified,” Reed said in a statement released the day of Biden’s inauguration.

“He has demonstrated a clear commitment to civilian control of the military,” Reed added. “I will support his historic nomination and believe he will restore direction to a Pentagon that has been left rudderless and adrift for too long under the previous administration.”

The waiver hurdles left Biden without a Senate-confirmed Defense secretary on Day One of his presidency, a break with tradition.

But Democrats sought to move the process along as quickly as possible after Inauguration Day, saying multiple crises including the COVID-19 pandemic demand that Biden has his team in place.

Democrats also rallied around Austin, who would be the first Black secretary of Defense if confirmed by the Senate, as a historic choice.

Still, some Democrats announced ahead of the vote they would oppose the waiver out of concern about the principle of civilian control of the military, including Sens. Elizabeth WarrenElizabeth WarrenOVERNIGHT ENERGY: Biden’s Interior Department temporarily blocks new drilling on public lands | Group of GOP senators seeks to block Biden moves on Paris, Keystone | Judge grants preliminary approval for 0M Flint water crisis settlement Senate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee MORE (Mass.), Richard Blumenthal (Conn.) and Tammy DuckworthLadda (Tammy) Tammy DuckworthSenate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee Senators vet Buttigieg to run Transportation Department MORE (Ill.).

All three opposed Mattis’s waiver in 2017, and they were joined Thursday by nine other Democrats who also opposed Mattis’s waiver, as well as one Democrat who supported Mattis’s waiver, Sen. Catherine Cortez MastoCatherine Marie Cortez MastoSenate approves waiver for Biden’s Pentagon nominee Why are millions still flowing into the presidential inauguration? Transition of power: Greatness meets infamy MORE (Nev.). Sen. Jacky RosenJacklyn (Jacky) Sheryl RosenSenate approves waiver for Biden’s Pentagon nominee House Democrats introduce bill to invest 0 billion in STEM research and education Hillicon Valley: Productivity, fatigue, cybersecurity emerge as top concerns amid pandemic | Facebook critics launch alternative oversight board | Google to temporarily bar election ads after polls close MORE (D-Nev.), who voted against Mattis as a House member in 2017, also voted against Austin’s waiver Thursday.

But five other Democrats who opposed Mattis’s waiver — Senate Majority Whip Dick DurbinDick DurbinOvernight Defense: House approves waiver for Biden’s Pentagon nominee | Biden to seek five-year extension of key arms control pact with Russia | Two more US service members killed by COVID-19 Senate approves waiver for Biden’s Pentagon nominee Bipartisan Senate gang to talk with Biden aide on coronavirus relief MORE (Ill.), Patrick LeahyPatrick Joseph LeahySenate approves waiver for Biden’s Pentagon nominee Democrats swear in three senators to gain majority Pompeo’s flurry of foreign policy moves hampers Biden start MORE (Vt.), Chris MurphyChristopher (Chris) Scott MurphySenate approves waiver for Biden’s Pentagon nominee Democrats shoot down McConnell’s filibuster gambit Senate confirms Biden’s intel chief, giving him first Cabinet official MORE (Conn.), Bernie Sander (I-Vt.) and Tom UdallTom UdallSenate approves waiver for Biden’s Pentagon nominee Senate swears-in six new lawmakers as 117th Congress convenes We can achieve our democratic ideals now by passing the For the People Act MORE (N.M.) — supported Austin’s waiver.

Republican Sen. Tom CottonTom Bryant CottonSenate approves waiver for Biden’s Pentagon nominee House approves waiver for Biden’s Pentagon nominee Senate panel advances Biden Pentagon nominee MORE (Ark.), who is seen as a potential 2024 presidential candidate, also announced this week he would oppose the waiver, saying he has come to regret supporting Mattis’s waiver and that “under no foreseeable circumstances can I imagine supporting such a waiver again.”

Cotton was joined in opposition to the waiver Thursday by other potential 2024 GOP hopefuls, including Sens. Josh HawleyJoshua (Josh) David HawleySenate approves waiver for Biden’s Pentagon nominee For Biden, a Senate trial could aid bipartisanship around COVID relief Senate Democrats file ethics complaint against Hawley, Cruz over Capitol attack MORE (Mo.) and Ben SasseBen SasseSenate approves waiver for Biden’s Pentagon nominee Budowsky: Democracy won, Trump lost, President Biden inaugurated Pompeo labels China’s treatment of Uighurs ‘genocide’ MORE (Neb.).

In total, 13 Republicans voted against Austin’s waiver after no Republicans opposed Mattis’s waiver in 2017. Some moderate Republicans such as Sen. Susans Collins (R-Maine) voted against Austin’s waiver Thursday.

Updated 6:35 p.m.