The publication is reproduced in full below:
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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SOURCE: Congressional Record Vol. 167, No. 14
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