Confirmation process for Lloyd Austin for secretary of defense

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President-elect Joe Biden (D) announced retired four-star Army Gen. Lloyd Austin as his nominee for secretary of defense on December 8, 2020. This presidential appointment required Senate confirmation.

The Senate Armed Services Committee held a confirmation hearing for Austin on January 19, 2021. He was confirmed on January 22, 2021, by a vote of 93-2.

Austin is the first Black secretary of defense in U.S. history.[1][2]

Biden said of his nomination, "General Austin shares my profound belief that our nation is at its strongest when we lead not only by the example of our power, but by the power of our example. Throughout his lifetime of dedicated service — and in the many hours we’ve spent together in the White House Situation Room and with our troops overseas — General Austin has demonstrated exemplary leadership, character, and command."[3]

This page includes the following information about the confirmation process:

Confirmation process

See also: Confirmation process for Joe Biden's Cabinet nominees

Confirmation vote roll call

Austin was confirmed on January 22, 2021, by a vote of 93-2.

Summary of Senate vote on Lloyd Austin's nomination for secretary of defense (January 22, 2021)
Party Votes for Votes against Not voting
Democratic Party Democrats 48 0 0
Republican Party Republicans 43 2 5
Grey.png Independents 2 0 0
Totals 93 2 5


Two Republican senators voted against his confirmation:[4]

Click on the following table to view the full roll call.

Senate confirmation hearing

The Senate Armed Services Committee held a confirmation hearing for Austin on January 19, 2021.

Lloyd Austin's Senate confirmation hearing, January 19, 2021


Financial disclosures

The Office of Government Ethics released Austin's financial disclosures in January 2021. Click here to review them.

U.S. senators on waiver

Federal law prohibits a commissioned officer from becoming secretary of defense if he or she is appointed within seven years of active duty unless Congress grants a waiver. Austin retired from military service in 2016.

The House and Senate approved a waiver for Austin on January 21, 2021. The House approved by a vote of 326-78 and the Senate by a vote of 69-27.[5]

Austin was the third general to receive this waiver after Gens. James Mattis in 2017 and George Marshall in 1950.[6]

About the nominee

Austin graduated with a B.S. from the United States Military Academy, an M.Ed from Auburn University, and an MBA from Webster University. He began his military service in 1975 as an infantry second lieutenant and advanced to a four-star general. He was involved in several major operations, including Iraqi Freedom, Enduring Freedom, and New Dawn. He served as commander of the U.S. Central Command from 2013 to 2016, where he led the campaign against the Islamic State.[1][7]

Austin received several awards and decorations during his military service, including the Defense Distinguished Service Medal (with Three Oak Leaf Clusters), the Distinguished Service Medal (with Two Oak Leaf Clusters), and the Silver Star.[7]

About the confirmation process

See also: Appointment confirmation process

The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy. Supporters and opponents of the nominee may also testify.[8]

Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably, or without recommendation. The nomination will then go to the Senate floor for consideration. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.[9]

Other Biden Cabinet nominees

See also: Joe Biden's Cabinet and Confirmation process for Joe Biden's Cabinet nominees

The following table provides an overview of the status, confirmation hearings, and committee and Senate votes for each of Biden's Cabinet and Cabinet-rank nominees.[10]

Overview of confirmation process for Joe Biden's Cabinet nominees
Nominee Position Announced Senate committee Confirmation hearing Committee vote Senate vote Status
Tony Blinken Secretary of State November 23, 2020 Foreign Relations January 19, 2021 Favorable (15-3) 78-22 Confirmed on January 26, 2021
Janet Yellen Secretary of the Treasury November 30, 2020 Finance January 19, 2021 Favorable (26-0) 84-15 Confirmed on January 25, 2021
Lloyd Austin Secretary of Defense December 8, 2020 Armed Services January 19, 2021 Favorable (Voice Vote) 93-2 Confirmed on January 22, 2021
Merrick Garland Attorney General January 7, 2021 Judiciary February 22-23, 2021 Favorable (15-7) 70-30 Confirmed on March 10, 2021
Debra Haaland Secretary of the Interior December 17, 2020 Energy and Natural Resources February 23-24, 2021 Favorable (11-9) 51-40 Confirmed on March 15, 2021
Tom Vilsack Secretary of Agriculture December 10, 2020 Agriculture, Nutrition, and Forestry February 2, 2021 Favorable (Voice Vote) 92-7 Confirmed on February 23, 2021
Gina Raimondo Secretary of Commerce January 7, 2021 Commerce, Science, and Transportation January 26, 2021 Favorable (21-3) 84-15 Confirmed on March 2, 2021
Marty Walsh Secretary of Labor January 7, 2021 Health, Education, Labor, and Pensions February 4, 2021 Favorable (18-4) 68-29 Confirmed on March 22, 2021
Julie Su Secretary of Labor February 28, 2023 Health, Education, Labor, and Pensions April 20, 2023 Favorable (11-10) TBD TBD
Xavier Becerra Secretary of Health and Human Services December 7, 2020 Health, Education, Labor, and Pensions
/ Finance
February 23, 2021 / February 24, 2021 No recommendation (14-14) 50-49 Confirmed on March 18, 2021
Marcia Fudge Secretary of Housing and Urban Development December 10, 2020 Banking, Housing, and Urban Affairs January 28, 2021 Favorable (17-7) 66-34 Confirmed on March 10, 2021
Pete Buttigieg Secretary of Transportation December 15, 2020 Commerce, Science, and Transportation January 21, 2021 Favorable (21-3) 86-13 Confirmed on February 2, 2021
Jennifer Granholm Secretary of Energy December 17, 2020 Energy and Natural Resources January 27, 2021 Favorable (13-4) 64-35 Confirmed on February 25, 2021
Miguel Cardona Secretary of Education December 22, 2020 Health, Education, Labor, and Pensions February 3, 2021 Favorable (17-5) 64-33 Confirmed on March 1, 2021
Denis McDonough Secretary of Veterans Affairs December 10, 2020 Veterans' Affairs January 27, 2021 Favorable (Unanimous) 87-7 Confirmed on February 8, 2021
Alejandro Mayorkas Secretary of Homeland Security November 23, 2020 Homeland Security and Governmental Affairs January 19, 2021 Favorable (7-4) 56-43 Confirmed on February 2, 2021
Katherine Tai U.S. Trade Representative December 10, 2020 Finance February 25, 2021 Favorable (Voice Vote) 98-0 Confirmed on March 17, 2021
Avril Haines Director of National Intelligence November 23, 2020 Intelligence (Select) January 19, 2021 N/A[11] 84-10 Confirmed on January 20, 2021
Linda Thomas-Greenfield U.S. Ambassador to the United Nations November 23, 2020 Foreign Relations January 27, 2021 Favorable (18-4) 78-20 Confirmed on February 23, 2021
Cecilia Rouse Chairwoman of the Council of Economic Advisers November 30, 2020 Banking, Housing, and Urban Affairs January 28, 2021 Favorable (24-0) 95-4 Confirmed on March 2, 2021
Neera Tanden Director of the Office of Management and Budget November 30, 2020 Homeland Security and Governmental Affairs / Budget February 9, 2021 / February 10, 2021 N/A N/A Withdrawn on March 2, 2021
Shalanda Young Director of the Office of Management and Budget November 24, 2021 Homeland Security and Governmental Affairs / Budget February 1, 2022 / February 1, 2022 Favorable (7-6) / Favorable (15-6) 61-36 Confirmed on March 15, 2022
Michael Regan Administrator of the Environmental Protection Agency December 17, 2020 Environment and Public Works February 3, 2021 Favorable (14-6) 66-34 Confirmed on March 10, 2021
Isabel Guzman Administrator of the Small Business Administration January 7, 2021 Small Business and Entrepreneurship February 3, 2021 Favorable (15-5) 81-17 Confirmed on March 16, 2021
Eric Lander Presidential Science Advisor and Director of the Office of Science and Technology Policy January 16, 2021 Commerce, Science, and Transportation April 29, 2021 Favorable (Voice Vote) Voice Vote Confirmed on May 28, 2021
Arati Prabhakar Presidential Science Advisor and Director of the Office of Science and Technology Policy June 21, 2022 Commerce, Science, and Transportation July 20, 2022 Favorable (15-13) 56-40 Confirmed on September 22, 2022
William J. Burns[12] Director of the Central Intelligence Agency January 11, 2021 Intelligence February 24, 2021 Favorable (Voice Vote) Voice Vote Confirmed on March 18, 2021


Historical comparison of Cabinet confirmations

Comparison to Trump administration

The following chart compares how many days it took after the inaugurations in 2017 and 2021 for the Cabinet secretaries of Presidents Donald Trump (R) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.

Comparison to Obama administration

The following chart compares how many days it took after the inaugurations in 2009 and 2021 for the Cabinet secretaries of Presidents Barack Obama (D) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.

See also

Footnotes

  1. 1.0 1.1 The Washington Post, "Biden to name retired Gen. Lloyd Austin as defense secretary," December 7, 2020
  2. The Atlantic, "Why I Chose Lloyd Austin as Secretary of Defense," December 8, 2020
  3. 4President, "President-elect Biden Nominates Retired Four-Star General Lloyd Austin as Secretary of Defense," December 8, 2020
  4. United States Senate, "On the Nomination (Confirmation: Avril Danica Haines, of New York, to be Director of National Intelligence)," January 20, 2021
  5. Congress, "H.R.335 - 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," January 21, 2021
  6. The George C. Marshall Foundation, "Marshall And Mattis," February 10, 2017
  7. 7.0 7.1 U.S. House, "General Lloyd J. Austin III," March 4, 2014
  8. CRS Report for Congress, "Senate Confirmation Process: An Overview," accessed July 24, 2013
  9. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 4, 2019
  10. Politico reported that the director of the Central Intelligence Agency would not be part of the Cabinet in Biden's administration. For this reason, the confirmation process for William J. Burns is not included in this table.
  11. PBS, "Senate confirms Avril Haines as director of national intelligence," January 20, 2021
  12. At the time of Burns' confirmation, director of the Central Intelligence Agency was not a Cabinet-level position in the Biden administration. Biden elevated the position to Cabinet-level on July 21, 2023.