The Independent View: House Bill To Make It Harder For Retired Generals To Get Congressional Waiver To Serve As Defense Secretary

Rep. Mike Gallagher (R-WI, 8th District), called his Amendment to the 2022 National Defense Authorization Act, which was Approved by the House Armed Services Committee, “a critical reform to the process.”

The National Security Act of 1947 originally required a 10-year wait, before a Retired Commissioned Officer, could Serve as Defense Secretary, in order to preserve the Bedrock Principle of Civilian Control of the Military.

In 2008, Congress Reduced the Waiting Period to Seven years. At that point, only One Person had ever been Granted a Waiver, retired Army Gen. George Marshall in 1950.

Gallagher’s Amendment would Restore the Original 10 years Cooling-Off period, and add a New Requirement: a Three-Fourths Vote, in both the House and Senate, for Approval of a Waiver.

Had that Rule been in effect in January, Defence Secretary, Austin, would have just squeaked by in the House, where his Waiver was Approved, with exactly 75% of the Vote 326-78, but would have Fallen Six Votes Short in the Senate, where the Vote was 69-27.

Austin’s Nomination sparked Vigorous Debate, with several Democratic Senators, who felt Austin was Well-Qualified, but nevertheless Voted against the Waiver, on Principle.

Among the No votes were Democratic Sens. Elizabeth Warren (MA), Richard Blumenthal (CT), and Tammy Duckworth (IL).

At a Senate Hearing in January, Duckworth argued against Granting the Waiver for Austin, saying that having recently Retired Generals or Admirals who’ve had a Personal Relationship, with Senior Officers still in Uniform, puts them in a Difficult Situation.

“It often means that the top supposedly civilian leader and the top military leaders have very similar professional backgrounds and have spent their entire adult lives in the same military culture. And I don't think that's healthy,” said Duckworth, an Army Combat Veteran. “I have serious reservations about the erosion of civilian leadership over our military, one of the foundational principles of our country and one that I personally risked my own life to defend.”