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House Democrats say they have the votes to grant the waiver for Austin, House Majority Whip Jim Clyburn said on a call, sources listening to the call told CNN.
Austin, who retired in 2016, has reached out to key House and Senate lawmakers who will have to agree to pass legislation to grant the waiver, which has only been approved twice before in history, including for James Mattis to lead President Donald Trump’s Pentagon in 2017..
Senate Majority Leader Chuck Schumer also mentioned the waiver when speaking to reporters on Thursday. “It passes the House, and I would like to get it passed in the Senate as soon as possible,” Schumer said.
The choice of President Joe Biden for the post of Secretary of Defense will indeed have to win two votes: one of the two chambers of Congress to grant the waiver and another from the Senate to confirm it for the post.
Democratic leaders in Congress are trying to act quickly to confirm Cabinet members and other key officials after Biden’s inauguration on Wednesday. An update to the office schedule of House Majority Leader Steny Hoyer earlier this week announced that the House is expected to consider the legal exception needed to appoint Austin as defense secretary on Thursday.
To win the waiver and confirmation, Austin must overcome objections from some lawmakers to allow a recently retired general to take the top civilian post at the Pentagon.
“I understand and respect the reservations some of you have expressed about the presence of another recently retired general at the head of the Defense Department,” he said during the hearing. “The safety and security of our democracy requires competent civilian control of our armed forces, the subordination of military power to civilian power.”
Representative Adam Smith, chairman of the House Armed Services Committee, said on Monday he sent a letter to House Democrats urging them to vote in favor of a waiver of the nomination.
“I have no doubt that civilian control of the military will be fully maintained by Secretary-designate Austin when he is our Secretary of Defense,” the Washington State Democrat tweeted.
“I also strongly believe that it is extremely important that Secretary-designate Austin be confirmed as soon as possible after President-elect Biden becomes president on January 20,” he said.
This story was updated with further developments on Thursday.
CNN’s Manu Raju, Annie Grayer and Zachary Cohen contributed to this report.
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