[Congressional Record Volume 167, Number 12 (Thursday, January 21, 2021)]
[House]
[Pages H209-H220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS 
   SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY

  Mr. SMITH of Washington. Mr. Speaker, pursuant to the order of the 
House of January 21, 2021, I call up the bill (H.R. 335) to provide for 
an exception to a limitation against appointment of persons as 
Secretary of Defense within seven years of relief from active duty as a 
regular commissioned officer of the Armed Forces, and ask

[[Page H210]]

for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to the order of the House of today, 
the bill is considered read.
  The text of the bill is as follows:

                                H.R. 335

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF 
                   PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN 
                   YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR 
                   COMMISSIONED OFFICERS OF THE ARMED FORCES.

       (a) In General.--Notwithstanding the second sentence of 
     section 113(a) of title 10, United States Code, the first 
     person appointed, by and with the advice and consent of the 
     Senate, as Secretary of Defense in an appointment made on or 
     after January 20, 2021, may be a person who is, on the date 
     of appointment, within seven years after relief, but not 
     within four years after relief, from active duty as a 
     commissioned officer of a regular component of the Armed 
     Forces.
       (b) Limited Exception.--This section applies only to the 
     first person nominated after 12 p.m. (Eastern Standard Time) 
     on January 20, 2021, and appointed as Secretary of Defense as 
     described in subsection (a), and to no other person.

  The SPEAKER pro tempore. The bill shall be debatable for 1 hour, 
equally divided and controlled by the chair and the ranking minority 
member of the Committee on Armed Services.
  The gentleman from Washington (Mr. Smith) and the gentleman from 
Alabama (Mr. Rogers) each will control 30 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. SMITH of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on H.R. 335.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. SMITH of Washington. Mr. Speaker, I yield myself 3 minutes.
  Mr. Speaker, this is the bill that will grant a waiver, an exemption, 
to Lloyd Austin to be nominated and confirmed as the Secretary of 
Defense. This is required because there is a law on the books that says 
that you must be 7 years separated from military service in order to 
serve as Secretary of Defense.
  Mr. Austin has been out for almost 5 years, but does not meet the 7-
year requirement. So we need to pass this law to give him that 
exemption.
  Now, this is not an easy question. Civilian control of the military 
is enormously important. That is why this law was put in place. But in 
looking at this, I feel there are three basic questions:
  Number one, does the nominee in question understand and reassure us 
in the House--for the purposes of our vote on this portion of the 
waiver--that he understands and is committed to civilian control of the 
military?

                              {time}  1415

  Second, is there something about this particular nominee that makes 
it important to grant this exclusion, to grant this waiver?
  And, third, is the individual qualified for the job? Because I do 
believe that that is important, and the details of their history is 
important in deciding that.
  And I have, after a lot of thought and a lot of conversations with 
Mr. Austin and others, concluded that all three of those criteria are 
met in this instance.
  Taking the last one first, Lloyd Austin is unquestionably highly 
qualified to be the Secretary of Defense. He had a distinguished career 
in the military, serving in multiple different command posts, including 
the commanding general in Iraq, the head of CENTCOM, and the Vice Chief 
of Staff of the Army. It is beyond question that Lloyd Austin is 
qualified for this job.
  He just finished a 2-hour presentation before the Armed Services 
Committee, taking our questions, in which he made it absolutely clear 
that he has a keen understanding of the issues that are going to face 
the Secretary of Defense and the experience and the intelligence 
necessary to deal with them. He is highly qualified.
  On the first question of civilian control of the military, he has 
assured us over and over again of how important that is, and, more 
importantly, his actions reflect that.
  He has come before the House, which you do not typically have to do 
in order to be confirmed to a Secretary-level position, but he has 
called us and he has reached out to us in a way that, frankly, 4 years 
ago, the Trump administration did not permit then-Secretary-nominee Jim 
Mattis to do.
  He has called countless members of the committee; he has met with us. 
He has showed us that he respects what is really one of the 
cornerstones of civilian control of the military, and that is the House 
and the Senate. We are the ones who have oversight over the Pentagon. 
He has shown that he respects that.
  So I can tell you and all Members voting, without a shadow of a 
doubt, I have no concern whatsoever about Lloyd Austin upholding 
civilian control of the military.
  And then there is the second issue: Why this person, in this 
instance? Mr. Austin will be the first African American nominated.
  The SPEAKER pro tempore. The time of the gentleman from Washington 
has expired.
  Mr. SMITH of Washington. Mr. Speaker, I yield myself an additional 1 
minute.
  Mr. Austin will be the first African American nominated to be 
Secretary of Defense, which is enormously important in and of itself.
  The military has a problem with diversity. They have an insufficient 
number of people of color who have been advanced to high positions, to 
general and general flag officers. It is enormously important that they 
address that.
  In addition, in this country, we have an enormous problem right now 
with White supremacy. We also have a problem within our military ranks.
  Now, let me be perfectly clear: I have 100 percent confidence in our 
military. But this is an issue that they do need to address, the rise 
of White supremacy and White nationalism within their ranks. Having a 
highly qualified African American be Secretary of Defense will be an 
enormous step toward addressing that problem.
  So I believe 100 percent Mr. Austin has met the criteria to be 
granted this exclusion.
  Lastly, I want to say, this law still matters because without this 
law we wouldn't have this process. We would not have the opportunity to 
question Mr. Austin in advance of his confirmation in the Senate. So 
the law has upheld its meaning and its role, to maintain civilian 
control of the military, by forcing this conversation.
  Mr. Speaker, I urge all Members to vote in favor of the waiver for 
Lloyd Austin, and I reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, before I begin, I want to take a minute to thank the men 
and women of the National Guard for the service they have provided in 
protecting this Capitol over the last 2 weeks.
  I especially want to thank the 750 men and women from the State of 
Alabama who came here to the call of duty.
  Once again, these citizen soldiers left their homes and their jobs to 
respond to this call, and, although it is unfortunate they were needed, 
it is certainly appreciated by all of us that they were here.
  Mr. Speaker, I firmly believe that each President deserves the 
opportunity to fill their Cabinet as they see fit. And I agree that it 
is important to confirm President Biden's national security team as 
soon as possible, especially given the grave threats that we face.
  Four years ago, this House provided a process to consider a waiver 
for General Mattis. We were all disappointed when General Mattis did 
not appear before the Armed Services Committee. Yet the Armed Services 
Committee still convened and held a public markup of the waiver, which 
passed without a single vote from any Democrat. Then the full House 
debated and voted on the waiver.
  This time around, the Armed Services Committee was excluded from the 
process by the Democrat leadership of this House. This was not a 
decision

[[Page H211]]

made by Chairman Smith, who wanted a public hearing as much as I did. 
There has been no public hearing, no markup of a waiver, no opportunity 
for amendments.
  Just 4 years ago, Democrat leadership told us how important it was to 
follow regular order and allow the Armed Services Committee to consider 
the Mattis waiver.
  Speaker Pelosi said, ``The American people are entitled to regular 
order and thoughtful scrutiny of nominees and any potential waivers.''
  Majority Leader Hoyer said, ``The committee has a right and a 
responsibility to inquire of General Mattis why he thinks he ought to 
be given a waiver.''
  I guess this time around they don't feel the same way.
  Mr. Speaker, civilian control of the military is a fundamental tenet 
of our Republic. It is rooted in our Constitution. The law prohibiting 
recently retired military from serving as Secretary of Defense was 
enacted shortly after World War II to uphold this principle.
  In nearly 75 years, the law has only been waived twice, for General 
Marshall and General Mattis. This will be the third time.
  But Biden didn't have to do it this way. There was a strong pool of 
diverse civilians and former military leaders with qualifications and 
experience to serve as Secretary. President Biden could have selected 
from this talent pool, but he chose not to.
  I voted for the waiver for General Mattis, and I will vote for the 
waiver for General Austin. For me, it is just fair--a waiver for a 
Republican President and a waiver for a Democrat President.
  But I stand here frustrated by this dysfunctional process. President 
Trump and President Biden forced this Congress into situations made 
worse, this time around, by the Speaker's decision to ignore regular 
order.
  Congress should not have to entertain these waivers. Presidents need 
to follow the law as written. They need to stop asking Congress to 
waive a statute. And we certainly shouldn't be forced to do so outside 
of regular order. If Presidents don't think the law matters, then they 
need to address this waiver issue in this year's NDAA.
  Mr. Speaker, America faces extraordinary threats from strategic 
competitors like China and Russia, rogue nations like Iran and North 
Korea, as well as terrorists and other transnational enemies. It is 
more critical now than ever to strengthen our military, address 
mounting readiness problems, and modernize our conventional and nuclear 
forces to defeat these threats.
  I believe General Austin understands the threats that we face. I 
believe he respects the principle of civilian control. I believe he 
will stand up to the efforts of many of the Democrat majority who seek 
to slash defense spending and rewrite our defense strategy.
  I hope the rest of the Biden administration shares his commitment for 
providing for our men and women in uniform the resources they need to 
successfully defend our Nation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, we are going to have process arguments all year long in 
this House, but what was just said is really disingenuous. The only 
reason that we didn't go through regular order, the only reason we 
didn't have a public hearing, and the only reason we didn't have a vote 
in our committee is because the Republicans, as we stand here right 
now, have not appointed their members to the Armed Services Committee. 
So, therefore, we don't have a committee.
  It is the day after Mr. Biden has become President. He needs his 
Secretary of Defense. I have begged the Republicans for the better part 
of a month to appoint their members so we could do our job.
  So for them to choose not to appoint their members and then come to 
the floor crying about process, that is not really fair. We tried to do 
the process right. They stopped us from doing the process right. I want 
the record to reflect that.
  Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. 
Brown), a soon-to-be member of the Armed Services Committee.
  Mr. BROWN. Mr. Speaker, Lloyd Austin, as we have heard, would be our 
country's first African-American Secretary of Defense. His confirmation 
is more than a symbolic milestone towards genuine integration of the 
Department of Defense; it is a substantive answer to many of the 
challenges that the military faces.
  What are those challenges, Mr. Speaker? White supremacy and 
extremism. There is a dramatic rise in White supremacists and racist 
hate groups within our military. They actively recruit from our 
uniformed ranks. A Military Times survey found an alarming rise in 
White supremacist and racist ideology in the military.
  What are those challenges, Mr. Speaker? The lack of diversity 
inclusion at our highest ranks and in our coveted career fields. Racial 
and ethnic groups make up more than 40 percent of the Nation's 
military, but there is a significant lack of diversity in civilian and 
military leadership at the most senior levels, due in large part to 
systemic racial bias in promotion and assignment boards. This hurts the 
military, our readiness and our effectiveness.
  Who are those challenges, Mr. Speaker? The military isn't immune from 
the racial injustice that we see in the broader criminal justice 
system. Under the Uniform Code of Military Justice today, a Black 
servicemember is two times more likely to be court-martialed or 
punished.
  These are real challenges that erode the effectiveness of our 
military. That is why we need a leader like Lloyd Austin. He 
understands the complexities of the military and the challenges our 
country faces. His lived experience and his professional record cry out 
for a waiver to lead the Department of Defense.
  President Biden is committed to civilian control of the military, 
protecting our men and women in uniform, and restoring American 
leadership. President Biden has confidence in Lloyd Austin, and so 
should we. He is the right man for this moment for our military.
  Mr. Speaker, I strongly urge my colleagues to support the waiver of 
soon-to-be Secretary Lloyd Austin at the Department of Defense.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to address my friend, the chairman's remarks 
about the establishment of the Armed Services Committee.
  We did not establish our members from our steering committee because 
we didn't get our ratio from the Democrat leadership until last week. 
It was physically not possible.
  Had we gotten our ratio a month ago or even 2 weeks ago, we would 
have sat our members, and we would have had a sitting committee.
  The reason we didn't have a public hearing today, the chairman is 
right, we didn't have a sitting committee. That is the fault of the 
Democrat leadership, not the minority.
  Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. 
Gallagher), my friend and colleague.
  Mr. GALLAGHER. Mr. Speaker, I thank my colleague from Alabama for his 
strong leadership as our new ranking member, and I look forward to 
working with him and the chairman on what is truly still, I think, the 
most bipartisan committee in Congress.
  I want to make clear that I have enormous respect for General 
Austin's service. I don't think anyone can look at his record and not 
come away very impressed.
  But I also strongly oppose this bill. There is no waiver; we are 
actually changing the underlying law. This was one of the biggest 
talking points 4 years ago. And we should not do so lightly.
  Much has been made about the historic nature of Mr. Austin's 
nomination, which is true but in more ways than one. If we change the 
law today, we will now have done so twice within 4 years, effectively 
destroying the historical precedent against such exemptions.
  We will also invert the congressional intent in the underlying 
National Security Act by setting the precedent that the presumption is 
for approval, not the disapproval, of recently retired officers.
  So the law and the norm of civil-military relations that it is meant 
to buttress is on life support right now.

[[Page H212]]

  And, as in 2017, we will be granting this exemption without a public 
hearing of the Armed Services Committee, which is the bare minimum of 
our constitutional obligations. We will be getting rolled over, to 
borrow a phrase that was used 4 years ago.
  And I don't know, I am not in the room where these ratios are 
discussed, and this and that, but it seems to me that it is worth 
waiting a few days in order to have such a public hearing, but it is my 
understanding that our entire workweek next week has been canceled.
  So I don't think it withstands basic scrutiny to suggest that we 
couldn't have had a public hearing to discuss this very, very important 
issue.
  Now, 4 years ago, I voted in favor of the exemption for Secretary 
Mattis. I think it was my first vote. It was certainly my first speech 
on the House floor. So it is fair to ask what has changed. Well, a lot 
has changed.
  First and perhaps most importantly, the threat from China is far 
greater, and we need a Secretary with INDOPACOM experience. The nominee 
has admitted that he is not uniquely qualified in that regard, and I 
don't think there is a more important aspect of his experience that we 
could analyze in considering whether to change the underlying law.
  Second, budgetary pressures on the Department are much bigger. 
Particularly in the post-pandemic world, it is going to be far more 
difficult to build off of the success that we have had in giving the 
Department the resources it needs, and we will need a Secretary with 
political experience who can fight and win interagency battles for a 
higher top line.
  And, third, we also have more data. Four years ago, we ran this 
experiment for the first time in 67 years, and we learned that recently 
retired general officers face unique challenges when leading the 
Department--specifically, the need to publicly advocate for a higher 
top line, which requires some political experience. And the nominee has 
made much of the apolitical nature of his prior experience.
  Now, I know in politics we are not supposed to change our minds, but 
if we are unwilling to learn from recent experience or change our minds 
in response to new information, then we are doomed to repeat the exact 
same mistakes.

                              {time}  1430

  This is why I am voting ``no,'' among other reasons.
  But I want to be clear. I want Mr. Austin, soon-to-be Secretary 
Austin, to be successful in this job. Nothing would make me happier 
than to look back on his time at DOD and be able to say he was the most 
successful Secretary of Defense in our Nation's history because that 
will mean that we as a committee were successful in working with him to 
do what is right for our men and women in uniform and do what is right 
for the rest of the country.
  Though I will oppose changing the law again for the second time in 4 
years, I very much look forward to working with my colleagues, both 
Republican and Democratic. I genuinely appreciate the honest exchange 
of views we had 4 years ago and 4 years later. I can only say that 4 
years from now, I hope we are not having the same debate because it 
will prove we have learned nothing from this.
  Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the 
gentlewoman from California (Ms. Pelosi), the distinguished Speaker of 
the House.
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding and for 
his extraordinary leadership as chair of the Armed Services Committee.
  He brings us to the floor today for a very special privilege. We in 
the House really most of the time do not have too much say as to who 
will be a member of the Cabinet. That is, advise and consent 
responsibility lies with the Senate. But today, because of the special 
nature of the appointee, we are here to talk about a waiver.
  As a Member of Congress, again, there is no more serious 
responsibility. It is the oath we take to protect and defend. Our 
responsibility is to protect the American people. That responsibility 
is why we must waste no time ensuring that President Joe Biden's 
national defense and national security team is confirmed, ready and 
able to keep our country and our people safe.
  President Biden selected a highly qualified and widely respected 
leader in nominating General Lloyd Austin for Secretary of Defense. 
General Austin has led with honor and served with dignity. With over 40 
years of decorated Army service, Secretary-designate Austin brings a 
great understanding of the challenges facing our Nation's defense and a 
deep appreciation for the sacrifice of our military and their families.
  The historical circumstances of this nomination, in light of the 
deadly insurrection assault on the Capitol, the coronavirus pandemic, 
the undermining of the Pentagon by the previous President, and more, 
necessitate the expeditious confirmation of this extremely qualified 
leader.
  I do want to say as a constitutional officer--the Speaker of the 
House is a constitutional officer, written into the Constitution--and 
as a former leader of the Intelligence Committee, a Democratic leader 
of the Intelligence Committee, my commitment to a strong civilian 
control of our military, as required by the Constitution, is strong.
  It is not an issue with us, Mr. Speaker. It is a value, civilian 
control of the military. The Congress' power to grant or withhold an 
exemption for recent Active Duty military servicemembers to be the 
Secretary of Defense must be treated with gravity and extreme 
diligence.
  That is why I am so glad that President Biden and General Austin 
insisted and met our request to come to speak to Armed Services 
Committee members. That did not happen under General Mattis. I am a big 
fan of General Mattis, but President Trump said he could not come speak 
to the Congress, and that is a big difference. That is a big 
difference.
  Again, with gratitude to President Biden in recognizing the important 
role that the House of Representatives plays in this, I had the 
privilege, as have other Members, of hearing from General Austin as 
well as the committee today.
  By the way, in case you didn't notice, when we are talking about 
timetables relating to committee ratios, 2 weeks ago, there was an 
insurrection in this Chamber. It was disruptive of the normal pattern 
unfolding. We all had to adjust our schedules and address the needs of 
our caucuses and this Congress accordingly, in case you didn't notice.
  Again, my conversations with the Secretary-designate have assured me 
that he understands, respects, and will uphold the critical priority of 
civilian control of the military. He has spoken several times to the 
chairman of the House Armed Services Committee and members of the 
committee and has given similar assurances.
  The Secretary-designate has further demonstrated his commitment to 
transparency with the Congress, respecting the weight of the decision 
that we now make by, as I mentioned, meeting with members of the Armed 
Services Committee to discuss this issue earlier today.
  In the face of the many threats, both foreign and domestic, 
confronting our Nation, it is essential that Secretary-designate Austin 
be immediately confirmed. 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.
  Mr. Speaker, I urge a strong bipartisan vote to grant this waiver for 
Secretary-designate Lloyd Austin to serve as Secretary of Defense. I 
salute him for his patriotism, thank him for his heroism, and look 
forward to calling him Mr. Secretary.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the 
gentleman from New York (Mr. Jacobs).
  Mr. JACOBS of New York. Mr. Speaker, I rise today in support of the 
waiver allowing General Lloyd Austin to serve as Secretary of Defense.
  Civilian leadership at the top of the Pentagon is desirable and 
necessary. I believe this should only be reserved for unique 
circumstances. Regularly nominated candidates who require waivers is 
not a precedent we should set.
  However, examining General Austin's credentials and the circumstances 
facing our Nation lead me to believe the approval of this specific 
waiver is warranted.

  The COVID-19 pandemic is still ongoing. China is growing bolder and 
more

[[Page H213]]

aggressive, using espionage, cyber warfare, and manipulation to 
undermine U.S. and global security. Iran remains an ever-present threat 
to the Middle East and the world. North Korea continues to pursue an 
ambitious nuclear weapons development program.
  These issues and others require the steady hand of an experienced and 
qualified Secretary of Defense. General Austin meets these requirements 
and is more than qualified to oversee our Nation's military.
  Mr. Speaker, I urge the support of this waiver. I look forward to 
working with Secretary Austin to confront these very real threats to 
our national security.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentleman from California (Mr. Khanna).
  Mr. KHANNA. Mr. Speaker, I thank the chairman for his leadership.
  Mr. Speaker, in history, there are many generals who are celebrated 
for logistical feats to win a war. Rare is a general who is celebrated 
for logistical feats to end a war.
  General Austin presided over the most significant withdrawal of 
troops and equipment, over 150,000 troops from Iraq, successfully. He 
helped bring that conflict to an end.
  General Austin helped us prevent getting into a catastrophic conflict 
in Syria.
  Now, I don't think the American people are concerned about process 
arguments, about whether someone wore a uniform or didn't wear a 
uniform. What they want to know is the outcome. Is the leader going to 
help start new wars or end wars? General Austin, with Secretary Blinken 
and Jake Sullivan, is going to help end the war in Yemen.
  They want to know: Is a leader going to turn a blind eye to White 
supremacy, or are they going to stand up for equality? General Austin 
will stand up for equality in our military.
  Most importantly, they want to know: Is a leader going to circumvent 
the President of the United States, as certain civilian leaders have, 
or is the leader going to defer to the duly elected President of the 
United States? General Austin deferred to President Obama, and he will 
absolutely defer to President Biden.
  The last point I hear my colleagues say is, well, he doesn't have 
expertise in China or India. Well, first of all, no one has expertise 
in every region of the world. No one is going to have a Ph.D. thesis 
about every country.
  The important thing is that we do not need another leader who is 
going to saber rattle and get us into another cold war with China. We 
need someone who is going to be tough but who is going to have the 
wisdom and the judgment to defer to the national security team and the 
President and help create a constructive relationship. General Austin 
will do that.
  Mr. Speaker, I proudly support his nomination for Secretary of 
Defense.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the 
gentleman from Georgia (Mr. Carter), my friend and colleague.
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of this 
waiver.
  General Lloyd Austin grew up in south Georgia, where he was raised by 
his parents in Thomasville. A graduate of West Point, he would go on to 
a career that spanned numerous units, responsibilities, and 
engagements. His first assignment was to the 3rd Infantry Division, now 
stationed in my district at Fort Stewart.
  In the early 2000s, he served as assistant division commander for the 
3rd Infantry Division during the invasion of Iraq. He would later go on 
to serve as a division commander and the chief of staff of the United 
States Central Command, CENTCOM; the commander of the XVIII Airborne 
Corps; the Army vice chief of staff; and, finally, the commander of 
CENTCOM.
  He has been described as a private individual who is committed to 
carrying out his duties.
  I, like others, have my reservations about continuing down a path of 
waivers for former military leaders to serve in civilian positions. 
What first started with a waiver for General Marshall in 1950 and then 
again for General Mattis in 2017, we have now seen several requests for 
what many see as a once-in-a-generation issue. However, General 
Austin's service and assignments are a reflection of his success in his 
military career.
  If confirmed, it is my hope that General Austin will carry out his 
commitment to civilian control of the Department of Defense and 
advocate for the priorities central to national security, such as the 
modernizing of the triad.
  In a time when our adversaries seek to capitalize on any weaknesses, 
we need strong leadership. General Lloyd Austin will provide us with 
that.
  Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the 
gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the chairman and Mr. Rogers from 
Alabama, the ranking member, for bringing this forward as a bipartisan 
effort.
  Mr. Speaker, I rise as one of those who opposed the waiver for 
General Mattis. People ask me, well, what is the difference? Mr. 
Gallagher raised this. You change your mind.
  Let me tell you what makes the difference for me, Mr. Speaker. I 
think this law is a very relevant law. It is a very important law. It 
anticipated, when the Congress passed it, that there would be reasons 
for waiver, or it would not have included it. It would have made a 
preclusion. It did not do that.
  It said under circumstances that the Congress considers, it may be 
well be in order to have a waiver. This, I think, is one of those 
times.
  Very frankly, one of the reasons I voted ``no'' on Mr. Mattis is 
because Mr. Trump did not know Mr. Mattis, his outstanding military 
service.

                              {time}  1445

  General Mattis really didn't know Mr. Trump; and that relationship 
did not go well, unfortunately. In my view, General Mattis was a great 
tower of strength and independence in leading the Department of 
Defense. So I congratulate him for his service, although I participated 
in a meeting in the White House in which President Trump was very harsh 
in his analysis of General Mattis, which I thought was unfortunate. But 
this difference that I see today is a very important one.
  What is that difference?
  The President of the United States--the Commander in Chief, the 
civilian leader--knows General Austin, has worked with General Austin, 
and has taken the measure of General Austin, and they have a 
relationship, a positive relationship.
  In addition to that, of course, the son of the President, Beau Biden, 
serving in the military, served with General Austin and took the 
measure of the man and his commitment to civilian leadership in the 
Armed Forces--a critically important concept for the Secretary of 
Defense.
  One problem that dictates the speediest possible passage of this bill 
is the security situation in which we find ourselves. Always in a 
transition the enemy can think you are weak and not able to respond in 
an effective way. That is why, traditionally, Mr. Speaker, the 
Congresses do, in fact, confirm the Secretary of Defense and the 
Secretary of State.
  Ms. Avril Haines was just confirmed as the head of the DNI. It is 
because we do not want a long period of time between having somebody in 
charge in the Defense Department and, in this case, somebody in charge 
who obviously knows and agrees with the principles of the President of 
the United States.
  I am sure he will give good advice and sometimes he will disagree, 
but we have a confidence relationship. So very, very important.
  This is not a moment for our country to be without a Secretary of 
Defense. Secretary-designate Austin is a highly qualified nominee, 
spoken to by the bipartisan support that this waiver will garner this 
day in the Congress of the United States. Mr. Speaker, he would make 
history, of course, as has been pointed out, and not an insubstantial 
mark on history.
  Secretary-designate Austin is the first African American who will be 
Secretary of Defense. At this time, our country is fighting to overcome 
the legacy of slavery, segregation, and prejudice, as has been pointed 
out by my friend, Mr. Brown, who served as a lieutenant colonel in the 
Armed Forces.
  Secretary-designate Austin served in Iraq. Forty percent minorities. 
What a symbol and a bridge between those of the majority and those of 
the minority in our services, which will coalesce and bind together 
better the units, which is extraordinarily important.

[[Page H214]]

  Secretary-designate Austin served our Nation admirably in uniform and 
oversaw the safe and successful drawdown of our troops in Iraq, as has 
been pointed out by Representative Khanna. In doing so, he earned the 
trust of then-Vice President Biden and Beau Biden.
  Because of Secretary-designate Austin's recent military service, he 
requires a waiver. But, again, the waiver is included so that the 
Congress can make a determination as to whether this is appropriate. I 
can't think of a more appropriate Secretary of Defense than somebody 
who has great knowledge and confidence of the Commander in Chief. We 
ought to take that action without delay.
  Mr. Speaker, we must always have a clear delineation between the 
military and civilian authorities in this country. I have a picture 
hanging on my wall, which is also in the rotunda. I have it in my 
office because it is in the Maryland State Senate, the Old Chamber. It 
is still in existence, still in the capitol in Annapolis, of George 
Washington resigning his commission as Commander in Chief of the 
Continental Army. And I always point out to people who come into my 
office that the Members of the Continental Congress are seated 
notwithstanding their inclination in the presence of this great, iconic 
figure was to stand and pay reverence to him. And George Washington 
said, ``No, you sit,'' because the civilian government is superior to 
the military. What a great lesson George Washington taught us at that 
time, which, thank God, has been revered until this time.
  I think this appointment is the right appointment. I think it will be 
good for America. I think it will be good for the Armed Forces of the 
United States of America. I think the President has chosen well.
  I urge my colleagues to grant this waiver. This, I would add, is not 
confirmation. Our brothers and sisters in the United States Senate will 
still have to judge and give advice and consent to this appointment, 
but this waiver is a precondition to their considering it on the 
merits. I hope that we will give them that.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the 
gentleman from Colorado (Mr. Lamborn), who is the ranking member of 
Readiness Subcommittee.
  Mr. LAMBORN. Mr. Speaker, I thank the ranking member for yielding to 
me.
  I have heard from people today who voted ``yes'' on Mattis and now 
they are ``no;'' or they voted ``no'' on Mattis and now they are a 
``yes.'' I guess that makes me a model of consistency because I am a 
``yes'' and a ``yes.''
  Mr. Speaker, we should vote ``yes'' to give this waiver because, as 
Mr. Hoyer has just said, the security needs are pressing upon us. We 
can't take weeks and weeks to get this person installed. So we need to 
act quickly and we need to have a waiver rather than starting all over 
again in this process.
  The other thing is Mr. Austin has been out of the military for almost 
5 years. Under the law, there is a 7-year cooling off period. Five 
years, in my mind, is almost as good as 7 years.
  I mean, what is magic about 7 years?
  Is 6 years and 10 months not good enough, but 7 years and 1 month is 
good enough?
  There is a little arbitrariness involved here when choosing 7 years 
in the first place. I believe that 5 years--almost 5 years is 
sufficient for Mr. Austin to have cooled off.

  We had a roundtable today in committee. I thank the chairman for 
having that roundtable. We heard from Mr. Austin. He very eloquently 
stated, yeah, he could stand up to people who were in the military. He 
can tell them what is good for the civilian control of our country. I 
trust him. He is the right man for the job.
  Our security needs are too pressing to keep dilly-dallying on this. 
Let's vote ``yes'' on this issue and supply the waiver today.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the other 
gentleman from Colorado (Mr. Crow).
  Mr. CROW. Mr. Speaker, this waiver vote is about our long history of 
civilian control of the military, a critical safeguard of our 
democracy.
  But let's be really clear what this vote is not about. It is not 
about the rise of China or artificial intelligence or autonomous 
warfare or any of the other issues that I have heard people talk about 
that are really the purview of the Senate at this point in the process 
and President Biden. It is also not about changing the law, because the 
law remains in effect and the limitation remains in effect.
  The question before this body is whether there are specific 
extenuating circumstances in this moment in time to grant a waiver and 
whether the heart and mind of the nominee is consistent with the spirit 
of the law.
  In the aftermath of January 6, we are reminded how deeply rooted 
racism exists in our country. Among those who stormed the Capitol were 
current and former military, a fact that highlights the national and 
domestic security threat of extremism in our military.
  Secretary-designee Austin is uniquely qualified with his experience 
and his background to address this threat. He understands in a deeply 
personal way how to deal with it. He is a man who understands that our 
military is more than a formation of tanks, planes, and troops; that it 
is actually a standard bearer of our values, and we are stronger when 
we lead with our values and we channel the full strength of our 
diversity to meet our threats.
  In addition to that, nobody can stand up here and say, as we are 
still under cyber attack by Russia and meeting so many other threats, 
that the extenuating circumstances of the time do not merit getting a 
nominee into this role immediately. That is why I rise in strong 
support of Lloyd Austin's nomination and waiver, and I will be working 
very hard to support him as our next Secretary of Defense.
  Mr. ROGERS of Alabama. Mr. Speaker, I have two more speakers who 
aren't here yet. So I reserve the balance of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Speaker, I rise today in full support of the waiver 
for General Lloyd Austin, to grant President Biden his historic 
nomination for Secretary of Defense.
  The concern of civilian control of the military and Department of 
Defense should not be lost in this waiver. There are valid concerns in 
granting second waivers so soon. The missed opportunity for the House--
the Chamber closest to the American citizens to hear from General 
Austin directly--is disappointing, but these are not normal times. The 
layers of security currently protecting the Capitol is a stark reminder 
that President Biden, our servicemembers, and our Nation need top 
defense leadership in place expeditiously.
  There is no question General Austin is a devoutly patriotic man. He 
has served our country with utter distinction and honor. His 
qualifications, experience, and perspective are what our Nation needs 
today. His service to our country extends over 4 decades. His talent 
and dedication to America's security shines in roles few Americans can 
fully comprehend. Yet again and again he stands before us, hat in hand, 
willing to serve the Stars and Stripes today.
  The question is: Can he disconnect a potentially unconscious bias 
toward a military mindset?
  As he assured the Senate and the American people throughout his 
confirmation hearing, there is no doubt he will. He has been honed in 
decisionmaking in the most difficult situations. In a matter of weeks, 
both the House Armed Services Committee and our Defense Appropriations 
Subcommittee will welcome a newly minted Secretary of Defense Austin.
  Members can hear even more from him directly as to how he will lead 
as a civilian. Over my years as a defense appropriator, I have come to 
realize our military personnel are phenomenal at filling the roles they 
are assigned.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SMITH of Washington. Mr. Speaker, I yield an additional 30 
seconds to the gentlewoman from Ohio.
  Ms. KAPTUR. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, our military personnel are continuously placed in 
nontraditional positions and time and again perform flawlessly. There 
is no doubt General Austin understands being a member of the 
President's Cabinet requires a different perspective. He will fill this 
role and perform admirably.

[[Page H215]]

  For these reasons, I encourage all my colleagues to support this 
waiver.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the 
gentleman from California (Mr. Issa).
  Mr. ISSA. Mr. Speaker, I rise today in support of H.R. 335 because 
there is a consistency 4 years ago when I rose in support of a previous 
general. But when I look at General Lloyd Austin, I see a qualified 
individual, in my opinion, and I see somebody worthy of the Senate 
considering. But I also see that, in fact, we are setting a precedent. 
Sixty-seven years, we didn't. Two administrations in a row, we have.
  I strongly recommend today that the Armed Services Committees in both 
bodies begin the process of looking at what the true length of time 
should be and what exceptions and exemptions need to be there.
  Although General Austin is a very qualified individual, he still will 
have subordinates whom he helped promote. He still will have people 
whom he is extremely close to. And that creates a question of civilian 
leadership.

  So although I am not here today to speak in any way against the 
general or any way against his predecessor, General Mattis, I am saying 
that it is time for this body, after this vote, to move to a 
deliberative process and regular order and begin asking: Is 10 years 
right? Is 7 years right?
  If 1 year is right, what will be the requirements for that individual 
before we again face that with some future highly qualified former 
military person?
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentleman from Massachusetts (Mr. Lynch).
  Mr. LYNCH. Mr. Speaker, I thank the gentleman from Washington for 
yielding.
  Mr. Speaker, I rise in strong support of H.R. 335, legislation to 
allow President Biden to appoint General Lloyd J. Austin, III, as our 
next Secretary of Defense. Throughout my tenure on the National 
Security Subcommittee, I have had the personal opportunity to meet with 
and interact with General Austin on numerous occasions in the field 
during the course of several of our oversight investigations.

                              {time}  1500

  Beginning in the early stages of Operation Enduring Freedom, we met 
in Kabul, Afghanistan, during his deployment as commander of Combined 
Joint Task Force 180. I dealt with General Austin again in the midst of 
Operation Iraqi Freedom as well as during Operation New Dawn. We also 
met in Baghdad during his multiple deployments as commander of the 
Multinational Corps and commander of United States Forces-Iraq.
  And I have personally received multiple intelligence briefings from 
General Austin in his capacity as commander of U.S. Central Command. By 
the way, he was the first African American to lead that critically 
important combat command.
  Throughout the congressional investigations into the progress of U.S. 
military diplomatic and reconstruction efforts in Afghanistan, Iraq, 
Syria, and other regional conflicts, General Austin has never failed to 
provide us with direct access to the battlefield and the straight and 
honest and hard facts as he saw them on the ground.
  His assessment proved to be critical to our oversight mission and the 
development of legislation concerning U.S. defense, national security, 
and counterterrorism policies.
  He always demonstrated a maximum respect for the constitutional 
oversight role of the United States Congress and clearly held the 
highest regard for the civilian leadership of the Department of 
Defense.
  Mr. Speaker, General Austin is especially qualified and deserving of 
a congressional exemption that will allow President Biden his 
appointment as Secretary of Defense. I urge my colleagues on both sides 
of the aisle to support H.R. 335.
  Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I think I would like to raise the 
question, what would Abraham Lincoln do, a man who faced the turmoil of 
a divided Nation. I think he would look for an individual like General 
Mr. Lloyd Austin, someone who had had the balance of seeing life as a 
civilian but being an impeccable leader of the United States military.
  Mr. Speaker, before I came to this floor, I walked down Independence 
Avenue to greet the young men and women in the National Guard who had 
come here from Texas. I wanted to let them know how important it was 
for them to be here to defend the citadel of democracy and how grateful 
we were that we had a peaceful transition of power yesterday.
  What I see in Mr. Austin is a recognition that civilian control of 
the military has been a bedrock principle of our democracy since the 
founding of our Republic. Yet, at the same time, in the backdrop of the 
last 4 years, I think he is needed for two reasons.
  One, the military has faced an enormous amount of instability. They 
were called ``suckers'' and ``losers.'' Generals were criticized. So 
you need someone who is a military person's military person, someone 
they know is part of the team.
  Then you need someone who can build that morale. Yes, we had morale 
in the previous administration of President Barack Obama, having 
respected them. Now, I believe we must give President Joe Biden the 
opportunity for his Secretary of Defense.
  Mr. Speaker, I am grateful for my colleagues on the other side of the 
aisle who will support this concept, knowing that we believe that 
civilian control of the military is a bedrock.
  I do think that we cannot call this a precedent. One and two is not a 
precedent. I do think we can look at maybe some other definitions of 
what it means.
  But a man who is able to end a war of 150,000 soldiers coming home is 
a man who can lead the United States military in a spirit of lifting 
the morale, providing stability, and calling them the brave men and 
women that they are.
  Let's support the waiver. Vote ``yes'' on this resolution.
  Mr. Speaker, as a senior member of the Committees on the Judiciary 
and on Homeland Security, I rise in support of H.R. 335, which provides 
an exception to a limitation against appointment of persons as 
Secretary of Defense within seven years of relief from active duty as a 
regular commissioned officer of the Armed Forces so that President 
Biden can nominate retired four-star Gen. Lloyd J. Austin III to serve 
as the next Secretary of Defense.
  Gen. Austin retired from active duty in 2016, which under current law 
(10 U.S.C. Sec. 113(a)), makes him ineligible for appointment as 
Secretary of Defense.
  Civilian control of the military has been a bedrock principle of our 
democracy since the founding of the Republic.
  That principle has served the nation well and we should depart from 
it only where there is compelling reason to do so.
  Indeed, in the history of the Department of Defense, the only Defense 
Secretary ever given a waiver was then-Secretary of State, General 
George Marshall--who was provided an individual waiver in 1950 at the 
height of the Korean War in a stand-alone bill approved by the 
Congress.
  That is why I did not support granting waiver for General Mattis to 
be nominated as Secretary of Defense in the last administration. Even 
General Mattis is a great general and a great American and served well 
as Secretary of Defense.
  But the experience of the last four years leads me to a different 
result today.
  For four years, the Department of Defense has had to deal with 
attempts by the last President and his staff to undermine the 
independence and capability of the Department of Defense, going so far 
as to refer to the men and women who risk their lives to keep us free 
as ``suckers'' and ``losers'' and appointing unqualified persons as 
Acting Secretary of Defense and to other senior positions.
  The Pentagon needs--the United States needs--an experienced, Senate-
confirmed Secretary of Defense to restore morale and regularity as soon 
as possible.
  I agree with President Biden that Gen. Austin's many strengths and 
intimate knowledge of the Department of Defense and our government are 
uniquely matched to the challenges and crises we face.
  The next Secretary of Defense will need to immediately quarterback an 
enormous logistics operation to help distribute COVID-19 vaccines 
widely and equitably.
  General Austin oversaw the largest logistical operation undertaken by 
the Army in six decades--the Iraq drawdown of 150,000 service 
personnel.

[[Page H216]]

  The next Secretary of Defense will need to ensure the well-being and 
resilience of our servicemembers and their families, strained by almost 
two decades of war.
  General Austin knows the incredible cost of war and the hardships 
experienced by the families that pay it.
  The next Secretary of Defense will have to make sure that our armed 
forces reflect and promote the full diversity of our nation.
  General Austin is uniquely qualified to lead and oversee this effort 
to ensure that every member of the armed forces is treated with dignity 
and respect, including Black, Latino, Asian American, Native American, 
women, and LGBTQ+ service members.
  General Austin, who was born in Mobile, Alabama and raised in 
Thomasville, Georgia, graduated from the United States Military Academy 
with a Bachelor of Science degree in 1975 and rose through the Army's 
ranks during his distinguished and trailblazing career, becoming only 
the sixth African American to attain the rank of an Army four-star 
general, and over his nearly four-decade military career, challenged 
his beloved institution to grow more inclusive and more diverse at 
every step.
  General Austin was the first African American general officer to lead 
an Army corps in combat and the first African American to command an 
entire theater of war, and if confirmed, will be the first African 
American to helm the Defense Department, which will signal to every 
American and every member of the Armed Forces that the country they 
pledge the last full measure of devotion is one of endless 
possibilities.
  Any lingering concerns I may have about injuring the sacred principle 
of civilian control over the military have been laid to rest by the 
Armed Services Committee Chairman Smith's representations that General 
Austin has assured him that he understands this crucial principle and 
that he is completely committed to upholding it.
  In addition, Chairman Smith represents that General Austin has agreed 
to appear before the members of the House Armed Services Committee to 
address the issue, and he has already spoken to numerous House members 
and made it clear that he will ensure that civilian control of the 
military is maintained.
  Finally, President Biden has also already expressed his intent to 
nominate civilians with strong backgrounds and expertise to fill the 
roles of Deputy Secretary of Defense, Under Secretary of Defense for 
Policy, and Chief of Staff to the Secretary of Defense.
  Mr. Speaker, we also cannot overlook the impact of January 6, 2021 on 
the decision we are called upon to make.
  On that day, the U.S. Capitol, was attacked and breached by angry mob 
of insurrectionists, comprised of an inordinate number of white 
supremacists and white nationalists, intent on preventing the Congress 
from carrying out its constitutionally imposed responsibility of 
counting electoral votes and announcing the election of the President 
and Vice-President.
  This represent a dangerous escalation in the activities of what FBI 
Director Wray testified to Congress is the greatest domestic terror 
threat facing the nation.
  Equally disturbing is that troubling evidence continues to emerge 
that the military itself has servicemembers sympathetic to extreme 
views and white supremacist causes.
  The appointment of the first African American to lead the Department 
of Defense in the nation's history will send a powerful signal that 
racism, anti-Semitism, misogyny, homophobia, and other divisive, anti-
social, and anti-American attitudes and actions have no place in the 
Armed Forces and will not be tolerated.
  For all of these reasons, I urge all Members to join me in voting for 
H.R. 335, granting the waiver needed to pave the way for Secretary-
designate Lloyd J. Austin III to serve as Secretary of Defense.

                     [From the Hill, Jan. 19, 2021]

 Lloyd Austin is the Right Nominee for Defense Secretary and the Right 
                         Leader for This Moment

        (By Rep. Sheila Jackson Lee (D-TX), Opinion Contributor)

       As a senior member of Congress and a senior member of the 
     House Homeland Security Committee, I know the importance of 
     domestic security and the defense of our nation. Retired 
     General Austin, I believe, can bring that balance and that is 
     why he deserves a congressional waiver to become President-
     elect Biden's secretary of Defense. I am going to support 
     President-elect Joe Biden's nomination of retired General 
     Lloyd Austin as the 28th U.S. secretary of Defense.
       First, let me acknowledge that I did not support giving a 
     waiver to General James Mattis to become the secretary of 
     Defense nominated by President Donald J. Trump in 2017. My 
     opposition was not because I did not have respect for General 
     Mattis who might have warranted such a waiver, but it was 
     rather because of the view that I had of the United States 
     military at that time. President Barack Obama handed off to 
     the Trump administration a military that was strong in morale 
     and a stable organization. After all, the military under his 
     command was able to capture our greatest enemy--Osama bin 
     Laden. His capture was an enormous boost to the Pentagon and 
     to the overall military rank and file. Military personnel and 
     families were treated with dignity and their needs were 
     responded to expeditiously. Certainly, improvement could have 
     been made, but generally the United States military was in 
     very good shape. On the other hand, in 2020, my concern is 
     that throughout the last four years the military has been 
     under attack by negative comments on generals and by a 
     succession of secretaries of Defense. There is a great need 
     to bring in a person who can first of all boost the morale of 
     our men and women in uniform who sacrifice their lives on 
     behalf of the people of this nation, and their families every 
     day. Secondarily, now we need stability and a firm hand that 
     shows the balance between the needs of the military and 
     guidance as a civilian leader. I believe after listening to 
     Mr. Austin in our conversation, it is clear that his view of 
     the role of the secretary of Defense is solidly based on the 
     fact that the Commander in Chief is his boss and will be the 
     guiding force on the policies and on the vision for action. 
     This is a time for impeccable leadership to bring about a 
     morality boost and stability to our men and women in uniform. 
     And for that reason, I truly believe this is a distinct and 
     different time, and that General Austin who has been a 
     civilian for a good period of time knows the role of a 
     civilian leader and will act accordingly. I believe more that 
     this is the right decision at the right time.
       Lloyd Austin, a retired General, is an accomplished and 
     respected trailblazer in the United States Army. He is a 
     trusted and crisis-tested leader who has broken barriers in 
     his historic ascent to the highest ranks of the military. 
     With more than 40 years of service, Retired General Lloyd 
     Austin is a deeply experienced and highly decorated commander 
     who has served with distinction in several of the Pentagon's 
     most crucial roles. He is a son of the South born in Mobile, 
     Ala., and grew up in Thomasville, Ga. He graduated from West 
     Point United States Military Academy and later earned degrees 
     from Auburn University, Webster University, the Army Command 
     and General Staff College and the Army War College.
       Mr. Lloyd Austin was promoted to Lieutenant General in 2006 
     and assumed command of the XVIII Airborne Corps at Fort 
     Bragg. And in 2009 he handed over his command to become the 
     Director of the Joint Staff. He retired from the U.S. Army in 
     2016 as the first African American to serve as Commander of 
     CENTCOM, the U.S. Central Command, where he oversaw America's 
     military strategy and joint operations throughout the Middle 
     East and in Afghanistan.
       He was the chief architect of the military campaign to 
     defeat the Islamic State in Iraq and Syria and became the 
     second highest ranking commander in Iraq, taking command of 
     the Multi-National Corps--Iraq.
       Mr. Lloyd Austin is highly decorated with many awards and 
     decorations including medals for Defense Distinguished 
     Service Medals, Army Distinguished Service Medals, a Silver 
     Star, Defense Superior Service Medals, and a Legion of Merit 
     medal.
       If confirmed, Lloyd Austin will become the first African 
     American secretary of Defense which culminates a barrier-
     breaking career as the first African American general officer 
     to command an Army Division in combat, to lead a Corps in 
     combat, to command an entire theater of war, and to serve as 
     Commander of U.S. Central Command.
       Secretary-designate Austin has proven and demonstrated 
     extraordinary leadership across a lifetime of distinguished 
     service and is well prepared to lead our nation's military as 
     a strong and dedicated civilian leader.
       The nation needs a leader over the Pentagon that respects 
     civilian control, to build up morale of our armed forces, and 
     bring consistency, stability, and leadership at the highest 
     level to the Department of Defense. That is Lloyd Austin, 
     retired General. Further, as an African American woman, I 
     believe this historic moment will further heal and unify the 
     nation.
       Secretary-designate Lloyd Austin has previously been 
     confirmed by the Senate because of his impeccable commitment 
     to duty and his reputation. As a proud American who loves his 
     country just as much out of uniform as in uniform, he 
     deserves a waiver by the Congress and deserves to be 
     confirmed for this critical role of overseeing our military 
     forces and protecting our great nation. Retired General Lloyd 
     Austin is an example of why America is still that ``shining 
     city on the hill'' and why he should be confirmed by the 
     United States Senate for secretary of Defense. Retired 
     General Lloyd Austin is the right person for this right and 
     momentous time in our nation's history.

  Mr. ROGERS of Alabama. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentleman from Nevada (Mr. Horsford).
  Mr. HORSFORD. Mr. Speaker, I thank the chairman for yielding me the 
time.
  Mr. Speaker, I rise today to speak in favor of granting a waiver for 
retired Army General Lloyd Austin and this historic nomination to serve 
as the 28th Secretary of Defense, the first African American in U.S. 
history.

[[Page H217]]

  For four decades, Secretary-designate Austin served our Nation 
valiantly in the United States Army. Before retiring, he led one of the 
most important commands in the military, CENTCOM, or Central Command, 
where he oversaw America's military strategy and joint operations 
throughout the Middle East.
  During his service in the Middle East, he oversaw the safe return of 
150,000 brave American troops, working closely with our allies as a 
statesman and a diplomat.
  As our Commander in Chief, I support President Biden in his selection 
of Lloyd Austin to protect our national security, strengthen our global 
alliances, depoliticize the Defense Department, and be a leader and 
role model for our brave servicemembers.
  I had the opportunity to speak directly with Secretary-designate 
Austin about the needs of servicemembers and their families in Nevada's 
Fourth District. He committed to work with me on issues important to 
those servicemembers and their families stationed at Nellis and Creech 
Air Force Bases and the Nevada Test Site, including issues dealing with 
housing, mental health, childcare, and education.
  His leadership, his experience, and his commitment to civil control 
of the military will ensure our country meets its national security 
needs.
  As our Secretary of Defense, he will also send a powerful message of 
belonging to all servicemembers but particularly to members of color, 
who represent more than 40 percent of our armed services today.
  Mr. Speaker, I urge my colleagues to support this historic 
nomination, approve the waiver required today, and confirm Secretary-
designate Austin's nomination.
  Mr. ROGERS of Alabama. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from the U.S. Virgin Islands (Ms. Plaskett).
  Ms. PLASKETT. Mr. Speaker, today, I rise in support of the requested 
waiver of the Secretary of Defense nominee, retired four-star General 
Lloyd S. Austin, III.
  President Biden recognizes the need to have the most qualified 
individuals in his Cabinet to right the ship from day one. The issues 
of instability of our Department of Defense, morale, and a desire to 
engage more vigorously with the world require that a nominee be one who 
has the type of career that General Austin does.
  General Austin's distinguished career and experience as a commander 
of the U.S. Central Command and Vice Chief of Staff of the U.S. Army 
have prepared him to be ideal for the task at hand.
  We agree that the separation of Active Duty military and civilian is 
important. Moreover, I have full confidence, however, that the 
Secretary-designate shares these values, in that he came to the House, 
reaching out to this body in a way that shows reverence for the 
continued promotion and defense of civilian control of the military.
  Lastly, having an African-American Secretary of Defense is highly 
important at this time, as the military must address the growing 
evidence of sympathy towards dangerous conspiracies and White 
supremacist causes amongst servicemembers--evidence made exponentially 
troubling due to the fact that a large percentage of servicemembers are 
people of color.
  General Lloyd Austin is the right person for the job at the time at 
hand, and Congress must allow him to get through and get the job done.
  Mr. Speaker, I urge my colleagues to vote for the waiver for General 
Austin.
  Mr. ROGERS of Alabama. Mr. Speaker, at this time, I am prepared to 
close, and I yield myself such time as I may consume.
  First, I want to thank my friend and colleague Chairman Smith, and I 
look forward to working with him over this 2-year cycle.
  The debate we have had today is a serious one. The executive branch 
is asking the legislative branch to waive a law for its benefit. 
President Biden knew this law when he selected General Austin. He could 
have made another selection.
  But, as I said earlier, President Trump got a waiver with General 
Mattis, and I believe it is only right that I supported one waiver for 
General Austin.
  Mr. Speaker, it is critical that the President has his national 
security team in place as soon as possible. I look forward to working 
with General Austin if he is confirmed, and I urge a favorable vote.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Washington. Mr. Speaker, I yield myself the balance of 
my time.
  Mr. Speaker, from this debate, it is clear that Mr. Austin is highly 
qualified to be Secretary of Defense. It is also clear that he has a 
full appreciation of the importance of civilian control of the 
military.
  And, finally, it is clear that he is unique to this moment. His 
experiences as an African-American man coming up through the military 
puts him in a unique position to address the problems of White 
supremacy and a lack of diversity across the military in addition to 
all of the other challenges that we have heard from speakers today.
  There is no question that he is qualified for this job and that he 
should be given the waiver so that he can serve in this position.
  Mr. Speaker, I want to close by speaking to the urgency of why we 
need to do this today and how we got to this point.
  When I first heard that Secretary Austin was going to be the 
selection, I will confess that I was not thrilled about it, not because 
of Secretary Austin--I know him, I have worked with him, and I think he 
will do an outstanding job--but because I realized the responsibility 
that it put on this House.

  By and large--not ``by and large''--entirely, nominees are the 
business of the Senate. They confirm; the President picks. But because 
he picked someone who would require a waiver, we had to engage.
  And I understood the urgency of getting that done, even while the 
Committee on Armed Services was still in the midst of dealing with the 
President's veto of the defense bill and trying to get the override 
done. But I knew the urgency. We had to find a way to get it done.
  And, Mr. Speaker, I want to make perfectly clear that Mr. Rogers has 
been an outstanding partner in working towards the urgency of moving 
this forward. The process arguments get lost in the weeds. There were a 
whole bunch of things we had to do to be organized as a committee, to 
be ready to meet the requirements that we had, and we tried our best to 
do it.
  Now, it is my humble opinion that we met those requirements even if 
we didn't have a public hearing. As has been stated by many Members, 
right before this vote we had 2 hours with Mr. Austin over in 
committee, in which members, Republican and Democratic members alike, 
were able to ask him questions and get his answers.
  And I will tell you, I feel even stronger about the need to confirm 
him after that conversation. Not only was he intelligent, not only was 
he on point, not only did he understand the issues, but he had 
something, frankly, not everybody in the Pentagon has: He seemed to 
genuinely respect us. He seemed to genuinely want to answer our 
questions, want to deal with us as a coequal branch of government. That 
is enormously important.
  But the urgency is why we are here today and why we didn't wait the 
extra week or 10 days. Joe Biden is President. He doesn't have a 
Secretary of Defense. Every day that goes past that he doesn't have a 
Secretary of Defense is a huge problem for a variety of reasons.
  Let's start with the fact that much has been made that this waiver is 
problematic because we did it 4 years ago and now we are doing it 
again; the exception has become the rule.
  Well, if it makes anybody feel better, there have actually been four 
separate Secretaries, people in the Secretary of Defense position, in 
between Mattis and Austin. So it is really just, sort of, two out of 
six.
  That many people have churned through the leadership role in the 
Pentagon. And while the people at the Pentagon have done an amazing job 
fighting through that, it is still problematic to have to have that 
much turnover. The disruption that President Trump brought to the 
Pentagon cannot be underestimated.

[[Page H218]]

  I will never forget being in the meeting in the White House when we 
were talking about the pullout from Syria when someone dared to bring 
up Secretary Mattis's opinion--recently departed Secretary Mattis from 
the Department of Defense--and President Trump just lit in to Secretary 
Mattis, called him weak, called him a terrible human being.
  Meanwhile, sitting right next to him was the incoming Chairman of the 
Joint Chiefs of Staff, Mark Milley, who had worked with Jim Mattis. And 
this is his new boss.
  Mr. Speaker, the disruption at the Pentagon has been enormous. They 
need a fully confirmed Secretary of Defense immediately to begin to 
thoroughly clean up that mess and get the Pentagon back to being as 
effective as it needs to be.

                              {time}  1515

  Also, and I will not belabor this point at all, we have a complex 
threat environment, right? Let's just say that. We heard about it on 
the committee today, about China, Russia, Iran, the Middle East, North 
Korea, not to mention the domestic insurrection that we all witnessed 
here just a couple of weeks ago. There is an urgency to this.
  If there wasn't an urgency to this, I would have waited a week and 
said, okay, let's take however much time. People can figure out their 
ratios, and pick their members, and whatever.
  There is an urgency. So instead of having the public hearing, we had 
a very, very successful briefing.
  The House this time has done its job in a way that it didn't 4 years 
ago when we simply took Mattis, didn't hear from him, and voted on it.
  There is a minor point of whether or not we mark this up in 
committee. This is not a complicated bill. Either Austin gets the 
waiver and he serves, or he doesn't.
  There is really nothing to mark up. It is a question for the House. 
That is why we came to the full House.
  This House, with the cooperation, I may say, of Mr. Rogers and all 
the Members has done its due diligence, above and beyond. We have 
concluded, without question, that the waiver is appropriate. Lloyd 
Austin will be an outstanding Secretary of Defense. He deserves this 
waiver, and our country deserves a fully confirmed Secretary of Defense 
as soon as we can possibly get that done, which, for the purposes of 
the House, is now.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CICILLINE. Mr. Speaker, I rise to express my support for H.R. 
335, which would provide a waiver to allow for full Senate 
consideration of General Lloyd Austin's nomination as Secretary of 
Defense. While I have great concerns over use of this process to 
appoint former military leaders to senior civilian positions at the 
Department of Defense, and I believe that civilian control of the 
military is critical to our democracy, I support this waiver for 
General Austin for several reasons.
  The first is the need for clear and effective leadership at the 
Pentagon. The previous administration drastically politicized the 
Department of Defense and hollowed out existing leadership to put in 
place less experienced political allies to do former President Trump's 
bidding. This has left our nation even more vulnerable during a number 
of national and international crises, including the ongoing COVID-19 
pandemic, the recent cyber attack on our government systems by Russia, 
and rising tensions with Iran and throughout the Middle East. General 
Austin brings a distinguished career in military leadership, an 
unwavering commitment to our nation's security, and the respect of our 
men and women in uniform and will provide a needed steady hand at the 
Department of Defense.
  Second, Lloyd Austin possess the skills and temperament to address 
the challenges our country faces. President Biden noted when discussing 
his selection of General Austin that he played a vital role in bringing 
American forces home from Iraq using diplomatic skill and an ability to 
work cooperatively with his Iraqi counterparts, further noting that 
Austin had met every challenge in his career with ``extraordinary skill 
and profound personal decency.'' These qualities will be necessary as 
America works to regain its leadership on the world stage, rebuild 
alliances, and address the many challenges our country faces.
  Third, General Austin understands the importance of civilian control 
of the military to our democracy and has expressed his commitment to 
this principle. Unlike the last time a waiver was sought when Secretary 
Mattis was prevented from testifying before Congress by President Trump 
and was unable to reassure American people about the importance of 
maintaining civilian control of the Department of Defense, General 
Austin did testify. During his confirmation hearing, General Austin 
expressed full understanding of the concerns over his appointment given 
he has been retired from active service for only four years. He 
highlighted his experience implementing civilian directives, and his 
understanding of the need for a different perspective as a civilian 
leader. I am confident that under the leadership of Lloyd Austin and 
President Biden, that principle will be preserved and protected.
  Finally, General Austin's confirmation as Secretary of Defense would 
be a watershed moment as the first African American to hold that office 
in our nation's history. In a period where racial tensions have led to 
resentment among Americans, a rise in white nationalist extremism, and 
peaceful demonstrations in U.S. cities often turning violent, General 
Austin's appointment would demonstrate that America embraces the 
diversity of our country, and that representation in all facets of our 
government and national security structures matters.
  Mr. FOSTER. Mr. Speaker, I rise today in support of the waiver for 
General Lloyd J. Austin, III to become our next Secretary of Defense. 
However, I want to be clear that this vote should not be seen as 
supporting a precedent for routine granting of waivers for future 
noncivilian nominees to lead the Department of Defense. We must keep 
the waiver requirement in place, and waivers should be reserved for the 
most extreme circumstances.
  I strongly support civilian leadership of the military, and the 
waiver requirement was created to protect this important principle. 
That being said, our country is facing the simultaneous threats of a 
global pandemic, unprecedented cyberattacks on our government, and the 
recent departure of a president who attempted to enlist military 
personnel to disrupt civilian protest. Considering these extraordinary 
circumstances, we need a qualified Secretary of Defense in place 
immediately.
  Under normal circumstances, a public hearing before the House Armed 
Services Committee would be an important part of the waiver process. 
Unfortunately, because the House Armed Services Committee is not fully 
set up, the committee cannot hold public hearings on the waiver yet. 
However, unlike the Trump Administration, the Biden Administration has 
made General Austin readily available to Congress, and he has 
demonstrated that he understands the importance of civilian leadership 
of the Pentagon.
  With these assurances, I express my support for General Austin's 
waiver to move forward in this confirmation process. However, I 
reiterate to my colleagues that this vote cannot be seen to support a 
precedent to grant future waivers of the cooling-off period for non-
civilian Secretaries of Defense.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise today in 
strong support of H.R. 335, a bill to provide Ret. General Lloyd Austin 
an exception to a limitation against appointments of persons as United 
States Secretary of Defense within seven years of relief from active 
duty as a regular commissioned officer of the Armed Forces.
  It is incumbent upon Congress to consider a waiver for such persons 
who are deemed not far enough removed from active duty to head the 
Department of Defense. Previous exemptions through a waiver have only 
been granted twice in our nation's history, most recently in 2017. 
However, my colleagues and I in the Congressional Black Caucus find it 
altogether fitting and proper that Ret. General Lloyd Austin is the 
recipient of the third.
  Ret. General Austin is an experienced leader, a brilliant strategist, 
and a decorated hero. He has seen war from the frontlines as a soldier, 
and from afar as a commander. He is not one that seeks the spotlight or 
controversy, but one who quietly, but confidently gets the job done--
earning him the nickname of ``invisible general.''
  Mr. Speaker, as the first African American to hold the title of 
Secretary of Defense, I am confident that Ret. General Austin would 
carry out the mission of the Department of Defense with the utmost 
sense of professionalism and civility. That is why I am proud to 
support his waiver today and look forward to his swift confirmation in 
the Senate.
  Ms. BONAMICI. Mr. Speaker, I rise to express my support for President 
Biden's nomination of the uniquely qualified General Lloyd J. Austin 
III (U.S. Army, Ret.) to serve as Secretary of Defense. Today, we are 
debating whether in the case of Gen. Austin's confirmation there should 
be a waiver of the requirement that former military officers be 
separated from active service for seven years before serving as Defense 
Secretary. Civilian control of the military is foundational to our 
democratic republic, and any action that could be perceived as 
affecting that principle must be carefully considered.
  I do have reservations. If such an exception becomes a pattern, it 
may become a routine practice. Yet we find ourselves in times that

[[Page H219]]

are anything but routine, and I am convinced that current circumstances 
warrant this waiver.
  On January 6, 2021, violent insurrectionists stormed and attacked the 
U.S. Capitol attempting to overturn the will of the voters and impede 
the peaceful transfer of power to a new, democratically-elected 
administration. The current state of heightened security risks, the 
lack of cooperation by former President Trump for a successful 
transition, the emboldening of white supremacists and serious threat of 
domestic terrorism, and numerous other unprecedented challenges make it 
imperative that President Biden's national security team be in place as 
expeditiously as possible. This certainly includes a Secretary of 
Defense, a role that is also critical to vaccine distribution and other 
elements of our response to the coronavirus pandemic.
  President Biden has been elected by the people to serve as our 
Commander in Chief, and I respect his decision to nominate General 
Austin, a well-respected, experienced, and barrier-breaking nominee, to 
meet the many challenges our nation faces.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the order of the House of today, the previous question is 
ordered on the bill.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SMITH of Washington. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 326, 
nays 78, not voting 27, as follows:

                             [Roll No. 18]

                               YEAS--326

     Adams
     Aderholt
     Aguilar
     Allen
     Allred
     Amodei
     Auchincloss
     Axne
     Bacon
     Barragan
     Bass
     Beatty
     Bentz
     Bera
     Beyer
     Bice (OK)
     Bilirakis
     Bishop (GA)
     Bishop (NC)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bost
     Bourdeaux
     Boyle, Brendan F.
     Brooks
     Brown
     Brownley
     Buchanan
     Buck
     Bucshon
     Burgess
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carl
     Carson
     Carter (GA)
     Carter (TX)
     Cartwright
     Case
     Castor (FL)
     Castro (TX)
     Chabot
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Cole
     Comer
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crenshaw
     Crist
     Crow
     Cuellar
     Curtis
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     DesJarlais
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Donalds
     Doyle, Michael F.
     Dunn
     Escobar
     Eshoo
     Espaillat
     Evans
     Fallon
     Feenstra
     Ferguson
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Fletcher
     Fortenberry
     Foster
     Foxx
     Frankel, Lois
     Fudge
     Fulcher
     Gaetz
     Gallego
     Garamendi
     Garbarino
     Garcia (CA)
     Garcia (IL)
     Garcia (TX)
     Gimenez
     Gomez
     Gonzales, Tony
     Gonzalez, Vicente
     Gottheimer
     Green (TN)
     Green, Al (TX)
     Griffith
     Grijalva
     Grothman
     Guest
     Guthrie
     Haaland
     Harder (CA)
     Hastings
     Herrera Beutler
     Higgins (NY)
     Himes
     Hinson
     Horsford
     Houlahan
     Hoyer
     Hudson
     Huffman
     Huizenga
     Issa
     Jackson
     Jackson Lee
     Jacobs (CA)
     Jacobs (NY)
     Jeffries
     Johnson (GA)
     Johnson (OH)
     Johnson (TX)
     Jones
     Jordan
     Joyce (OH)
     Kahele
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kelly (MS)
     Kelly (PA)
     Khanna
     Kildee
     Kilmer
     Kim (CA)
     Kim (NJ)
     Kinzinger
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Kustoff
     LaHood
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Long
     Lowenthal
     Lucas
     Luetkemeyer
     Luria
     Lynch
     Mace
     Malliotakis
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Mast
     Matsui
     McBath
     McCarthy
     McCaul
     McClain
     McCollum
     McEachin
     McGovern
     McHenry
     McKinley
     McNerney
     Meeks
     Meng
     Meuser
     Mfume
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Morelle
     Mrvan
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Nehls
     Newman
     Norcross
     O'Halleran
     Obernolte
     Owens
     Palazzo
     Pallone
     Palmer
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Pfluger
     Phillips
     Pingree
     Pocan
     Price (NC)
     Quigley
     Raskin
     Reed
     Rice (NY)
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Salazar
     Sanchez
     Sarbanes
     Scalise
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Schweikert
     Scott (VA)
     Scott, Austin
     Scott, David
     Sessions
     Sewell
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Smucker
     Soto
     Spanberger
     Speier
     Stanton
     Steel
     Stefanik
     Stevens
     Stivers
     Strickland
     Suozzi
     Swalwell
     Takano
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiffany
     Timmons
     Titus
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Turner
     Underwood
     Upton
     Valadao
     Van Drew
     Van Duyne
     Vargas
     Veasey
     Vela
     Velazquez
     Wagner
     Walberg
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Westerman
     Wexton
     Wild
     Williams (GA)
     Williams (TX)
     Wilson (FL)
     Wilson (SC)
     Wittman
     Womack
     Yarmuth
     Young
     Zeldin

                                NAYS--78

     Babin
     Baird
     Balderson
     Banks
     Bergman
     Biggs
     Boebert
     Bowman
     Budd
     Burchett
     Bush
     Cammack
     Casten
     Cawthorn
     Cheney
     Cline
     Cloud
     Clyde
     Crawford
     Davidson
     Emmer
     Estes
     Fischbach
     Franklin, C. Scott
     Gallagher
     Gohmert
     Golden
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Greene (GA)
     Harris
     Harshbarger
     Hayes
     Herrell
     Hice (GA)
     Hill
     Hollingsworth
     Jayapal
     Johnson (LA)
     Johnson (SD)
     Joyce (PA)
     Keller
     Kind
     Lamborn
     LaTurner
     Malinowski
     Mann
     Massie
     McClintock
     Meijer
     Miller (IL)
     Moore (WI)
     Moulton
     Mullin
     Murphy (NC)
     Newhouse
     Ocasio-Cortez
     Omar
     Perry
     Porter
     Pressley
     Reschenthaler
     Rose
     Rosendale
     Rouzer
     Smith (MO)
     Spartz
     Stauber
     Steil
     Steube
     Stewart
     Tlaib
     Walorski
     Waltz
     Weber (TX)
     Wenstrup

                             NOT VOTING--27

     Armstrong
     Arrington
     Barr
     Brady
     Calvert
     Davis, Rodney
     Duncan
     Gibbs
     Granger
     Graves (LA)
     Graves (MO)
     Hagedorn
     Hartzler
     Hern
     Higgins (LA)
     LaMalfa
     Lesko
     Loudermilk
     Norman
     Nunes
     Pence
     Posey
     Roy
     Rutherford
     Simpson
     Webster (FL)
     Wright

                              {time}  1607

  Ms. SHERRILL changed her vote from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mrs. LESKO. Mr. Speaker, had I been present, I would have voted 
``yea'' on rollcall No. 18.
  Ms. GRANGER. Mr. Speaker, I missed votes due to circumstances beyond 
my control. Had I been present, I would have voted ``yea'' on rollcall 
No. 18.
  Stated against:
  Mr. HAGEDORN. Mr. Speaker, had I been present for the vote on final 
passage of H.R. 335, I would have voted ``nay.''
  Mr. ROY. Mr. Speaker, out of an abundance of caution, I decided to 
remain home due to several days of persistent symtoms. I could not get 
on a plane to vote on H.R. 335. Had I been present, I would have voted 
``nay'' on rollcall No. 18.


    MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS

     Amodei (Kelly (PA))
     Baird (Bucshon)
     Blumenauer (Beyer)
     Bowman (Clark (MA))
     Buchanan (Cammack)
     Cardenas (Gallego)
     Carter (TX) (Nehls)
     Cooper (Himes)
     Correa (Carbajal)
     Davis, Danny K. (Underwood)
     DeFazio (Davids (KS))
     DeSaulnier (Matsui)
     DesJarlais (Fleischmann)
     Doyle, Michael F. (Cartwright)
     Dunn (Bilirakis)
     Espaillat (Jeffries)
     Fortenberry (Bilirakis)
     Frankel, Lois (Clark (MA))
     Gaetz (Cammack)
     Gosar (Schweikert)
     Gottheimer (Panetta)
     Hastings (Wasserman Schultz)
     Higgins (NY) (Sanchez)
     Jackson Lee (Butterfield)
     Johnson (TX) (Jeffries)
     Kind (Beyer)
     Kinzinger (Herrera Beutler)
     Kirkpatrick (Gallego)
     Krishnamoorthi (Brown)
     Kustoff (Fleischmann)
     Larson (CT) (Courtney)
     Lawson (FL) (Evans)
     Leger Fernandez (Jacobs (CA))
     Lieu (Beyer)
     Lofgren (Jeffries)
     Lowenthal (Beyer)
     Luetkemeyer (Kelly (PA))
     McHenry (Banks)
     Meng (Clark (MA))
     Moore (WI) (Beyer)
     Nadler (Jeffries)
     Napolitano (Torres (CA))
     Neal (Lynch)
     Ocasio-Cortez (Garcia (IL))
     Pascrell (Pallone)
     Payne (Wasserman Schultz)
     Perlmutter (Neguse)
     Pingree (Kuster)
     Pocan (Raskin)
     Porter (Wexton)
     Pressley (Garcia (IL))
     Price (NC) (Butterfield)
     Rogers (KY) (Fleischmann)
     Roybal-Allard (Cuellar)
     Ruiz (Aguilar)
     Rush (Underwood)
     Schneider (Sherrill)
     Schrier (Spanberger)
     Steel (Kim (CA))
     Stefanik (Katko)
     Thompson (MS) (Butterfield)
     Timmons (Katko)
     Tlaib (Kildee)
     Tonko (Pallone)
     Vela (Gomez)
     Wagner (Walberg)
     Walorski (Banks)
     Waltz (Donalds)
     Watson Coleman (Pallone)
     Wilson (FL) (Hayes)

[[Page H220]]


  

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