House, Senate approve civilian waiver for Biden's Defense Secretary nominee Lloyd Austin

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Biden: Austin is 'the person we need at this moment' to run Pentagon

President-elect formally announces his nomination of retired Gen. Lloyd Austin for defense secretary

President Biden's nominee for Secretary of Defense cleared an important hurdle Thursday in his pathway to confirmation of the new cabinet.

The House approved a waiver for Defense Secretary nominee Lloyd Austin, a retired Army General, so he can serve in the civilian position. The bipartisan vote was 326 -78.

Shortly thereafter, the Senate followed suit and approved the civilian waiver with a 69-27 vote. 

Under the law, a retired service member must be out of the military for seven years in order to be named defense secretary. Austin retired from the Army after 41 years of service in 2016.

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The Senate still needs to take a vote on his final confirmation. If approved, Austin would be the first Black secretary of defense.

WASHINGTON, DC - SEPTEMBER 16: Gen. Lloyd Austin III, commander of U.S. Central Command, prepares to testify before the Senate Armed Services Committee about the ongoing U.S. military operations to counter the Islamic State in Iraq and the Levant (ISIL) during a hearing in the Dirksen Senate Office Building on Capitol Hill September 16, 2015 in Washington, DC. Austin said that slow progress was still being made against ISIL but there have been setbacks, including the ambush of U.S.-trained fighters in Syria and the buildup of Russian forces in the country. (Photo by Chip Somodevilla/Getty Images) (Getty Images)

During a Senate Armed Services Committee hearing Tuesday, Austin said he's committed to the principle of civilian control of the military and would surround himself with qualified civilians to make policy decisions. 

"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," Austin told the committee. "I would not be here, asking for your support, if I felt I was unable or unwilling to question people with whom I once served and operations I once led, or too afraid to speak my mind to you or to the president."

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In a big boost for Austin, Rep. Adam Smith, the chairman of the House Armed Services Committee, backed the waiver and encouraged his Democratic colleagues to support Biden's nominee. The Washington Democrat said he's "100% convinced" Austin is committed to upholding the principle of civilian control of the military. 

"Blocking [Austin's] confirmation will send a false, dangerous message that Congress believes a highly qualified African American is unable to do the job -- that would be a grave mistake," Smith said, in part, in a Twitter post.

The last time the House and Senate approved a waiver was in 2017 to allow retired Marine Gen. Jim Mattis to serve in the top Pentagon post as then-President Trump's first defense secretary. 

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The House approved Mattis's waiver by a vote of 268-151. Only 36 Democrats supported the waiver four years ago after Trump's transition team blocked Mattis from testifying before the House Armed Services Committee, which angered Democrats, especially Smith. 

Mattis's waiver was easily approved in the Senate by an 81-17 vote, with 31 Democrats in support in 2017.

So far, just one of Biden's cabinet picks has been confirmed by the Senate -- Avril Haines as director of national intelligence, whereas Trump had his secretaries of Defense and Homeland Security confirmed by his inauguration. 

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House Speaker Nancy Pelosi Thursday praised Austin as a "highly qualified and well-respected leader." Pelosi referenced Trump's team blocking Mattis from appearing before the House four years ago and how, in contrast, the Biden administration has made Austin available to House members to discuss civilian leadership of the military.

"We are so pleased that unlike the Trump administration, the Biden administration not only allowed but encouraged the general to come and present his views," Pelosi said.

The Associated Press contributed to this report.