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Under the National Security Act of 1947, Congress has prohibited any individual from serving as secretary of defense within seven years of active-duty service. But Austin left the Army just four years ago, and he would require a special congressional waiver in order to bypass the seven-year rule.
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If confirmed by the Senate, the 1975 graduate of West Point would be the first Black leader of the Pentagon, breaking one of the more enduring glass ceilings in the U.S. government. Nonetheless, news of Austin’s likely nomination was greeted with skepticism on Capitol Hill this week, and several key senators said they were unsure whether they would vote to grant Austin the necessary waiver to assume the position of secretary of Defense.
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Congress set aside their concerns about having a career military officer lead the Pentagon in 2016 when President Donald Trump tapped retired four-star U.S. Marine Corps Gen. Jim Mattis, who was only three years out of uniform at the time. Writing in The Atlantic, Biden tacitly acknowledged that Austin’s nomination violates the civilian requirement, but he argued that the strength of Austin’s qualifications outweighs the potential harm.