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Policy Analysis H.R.335

US CONGRESS
Limitation Exception for Secretary of Defense
Author
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This analysis describes US Congress passed law H.R. 335 regarding “to provide for an exception to a
limitation against appointment of persons as Secretary of Defense within seven years of relief from
active duty as a regular commissioned officer of the Armed Forces.”
Introduction:

On 21st January 2021 US Congress approved exception to the existing limitation on appointing

Armed Forces personnel for civilian role against the existing law of seven years wait time. The

exception is approved as follows:

Public Law No: 117-1 (01/22/2021)

This bill allows the first person nominated and appointed as Secretary of Defense after 12 p.m.

(Eastern Standard Time) on January 20, 2021, to be a person who is, on the date of appointment,

at least four years after relief from active duty as a commissioned officer of a regular component

of the Armed Forces. Under current law, an individual may not be appointed as Secretary of

Defense within seven years after relief from such active duty. [ CITATION USC21 \l 1033 ]

Due process was adopted. The resolution was put forward to Defense committee by Mr.Adam

Smith on 15th January, 2021. [ CITATION Pro21 \l 1033 ]. This bill was passed on 21st January 2021.
American Civilian Rule Policy:

U.S. law dictates that retired military personnel must wait for seven years before being eligible to

serve as the secretary of defense unless a waiver is granted by Congress. [ CITATION Lar21 \l 1033 ]

The rule is meant to ensure that the secretary won't always favor the military when it comes to

advising on foreign conflicts, defense funding and the service requirements for current and future

soldiers. [ CITATION DAN20 \l 1033 ]

Congress believes in civilian supremacy and control of the country. By inducting a General who

has not completed statutory waiting time to be involved in civilian control seriously questions

the American stand for civilian supremacy.

Law before Exception Waiver:

Under US law no Armed forces personnel is allowed to be appointed in civilian role until and

unless he completes seven years outside the forces domain and led a civilian life.

Why Waiver Required

 Joe Biden, the President of USA is eager to hire Llyod Austin as Secretary of Defense. Austin

retired in 2016; therefore, he needs a waiver to serve as the Secretary.

Fear of appointment:

 Recently retired Armed forces personnel cannot understand the civilian control of

military concept and the notion of civilian rule is diluted.

 Frequently placing retired personnel on key positions before the statutory wait time is not

good for democracy as recently last president, Trump, also took such waiver. These

waivers in quick successions undermine the roots of democracy.

 The generals start looking at things with war perspective.

 Their closeness with the present generals can put civilian rule perspective in jeopardy.

Need to employ Gen Llyod Austin:

Austin is a proven leader. [ CITATION Lar21 \l 1033 ]

Joe Biden says: As we face challenges from Russia, China and Iran, we need someone with

Austin’s experience and proven leadership at the helm. (Joe Biden) [ CITATION Lar21 \l 1033 ]

Other than military key roles played in military, Austin, as vice chief of staff of the Army, Austin

frequently engaged with Congress to negotiate over budgets, procurements and priorities. His

primary success as commander of CENTCOM was building a coalition of foreign partners to roll

back the Islamic State militant group in the Middle East. (Negotiation and Temperament)
Senators Expectations:

 They have provided such waiver in past. Recently to Trump administration. Hence no

issue with this waiver.

 There is no material military push observed in civilian control by Armed forces

personnel. When Trump threatened to call military in the wake of election defeat the then

chairman of Joint staff said very clearly to fellow generals that there is no role for

military in politics. This signs that generals in US military have learned their official

limits.
References & Bibliography

CONGRESS, U. (2021, January 21st). congress.gov. Retrieved April 30th, 2021, from congress.gov:
https://www.congress.gov/bill/117th-congress/house-bill/335

Larry R. Ellis, r. U. (2021, January 20). nbcnews.com. Retrieved April 30, 2021, from nbcnews.com:
https://www.nbcnews.com/think/opinion/after-trump-biden-pick-gen-lloyd-austin-exactly-who-
s-ncna1254774

ProPublica. (2021, January 21). projects.propublica.org. Retrieved April 30, 2021, from propublica.org:
https://projects.propublica.org/represent/bills/117/hr335/statements

VILLARREAL, D. (2020, December 7th). newsweek.com. Retrieved April 30th, 2021, from newsweek.com:
https://www.newsweek.com/lloyd-austin-bidens-pick-defense-secretary-expected-face-
bipartisan-opposition-over-retired-1553015