[Congressional Record Volume 167, Number 14 (Monday, January 25, 2021)]
[Extensions of Remarks]
[Page E64]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SUPPORTING H.R. 335, THE LEGAL EXCEPTION NECESSARY TO APPOINT LLOYD J. 
          AUSTIN III AS PRESIDENT BIDEN'S SECRETARY OF DEFENSE

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                         HON. PETER A. DeFAZIO

                               of oregon

                    in the house of representatives

                        Monday, January 25, 2021

  Mr. DeFAZIO. Madam Speaker, on January 21, I voted in support of H.R. 
335, legislation to provide a waiver for former General Lloyd J. Austin 
III to serve as President Biden's Secretary of Defense. The Senate 
confirmed Austin as Secretary of Defense on January 22.
  Civilian control of the military is a foundational tenet of our 
constitutional democracy, and I fully support all efforts to maintain 
and reinforce this essential principle.
  Federal law requires that any Secretary of Defense nominee who has 
served in the military must be retired from the military for at least 
seven years, unless Congress grants a waiver. Until Congress granted a 
waiver for President Trump's nominee for Secretary of Defense, former 
General Jim Mattis, in 2017, a waiver of this kind had only occurred 
one other time: for former General George Marshall in 1950.
  I believe this seven-year ``cooling off'' period for former military 
officials is an important mechanism to ensure continued civilian 
control of the U.S. military, and I believe Congress should not make a 
habit of granting these waivers.
  However, I am confident that Secretary Austin is committed to 
upholding civilian control of the military. As he indicated in his 
Senate confirmation testimony on January 19, Austin believes that ``the 
safety and security of our democracy demands competent civilian control 
of our Armed Forces, the subordination of military power to the civil. 
I know that being a member of the president's Cabinet--a political 
appointee--requires a different perspective and unique duties from a 
career in uniform.''
  I am also encouraged by Secretary Austin's statements of belief in 
military restraint, rather than interventionism, as well as aspects of 
his service under the Obama administration, including overseeing the 
withdrawal of 150,000 U.S. troops from Iraq, his opposition to a U.S. 
war and regime change in Syria, his dedication to diplomacy, and his 
support for avoiding civilian casualties.
  Austin is also the first Black Secretary of Defense in U.S. history. 
While there is still a significant lack of diversity in the top ranks 
of the military, Austin's appointment is an important step in the right 
direction.
  It is also notable that Austin will lead the Pentagon during a time 
when white supremacy and ideological extremism are on the rise among 
military ranks. In his January 19 Senate confirmation hearing, Austin 
pledged to ``fight hard to stamp out sexual assault, to rid our ranks 
of racists and extremists, and to create a climate where everyone fit 
and willing has the opportunity to serve this country with dignity.''
  Civilian control of the military is not only achieved via the 
Secretary of Defense. Unlike President Trump, who appointed former 
generals to serve in numerous civilian and national security roles in 
the White House, President Biden has demonstrated a clear commitment to 
civilian control of the military by appointing non-military civilians 
in key national security posts.
  While I support Congress's waiver for Secretary Austin, I strongly 
encourage the Biden administration and future administrations to avoid 
appointing additional former military officials as Secretary of Defense 
if they have not completed their seven-year cooling off period. I also 
will not hesitate to criticize Secretary Austin and the Biden 
administration--as I have done with previous Republican and Democratic 
administrations--when I disagree with their policies and actions. It is 
essential we rein in our bloated and wasteful defense spending, tackle 
the massive waste, fraud, and abuse within the Pentagon, and that 
Congress reassert its Constitutional war powers and put an end to our 
endless wars.

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