The Senate on Thursday passed the waiver that will allow retired Gen. James Mattis to serve as defense secretary, which is expected to be considered by the House on Friday.
Current law requires an officer to be out of uniform for seven years before stepping into the civilian defense secretary role. Mattis retired from the Marine Corps in 2013 after more than 40 years of service, meaning Congress will need to approve an exemption to the law for him to serve.
The Senate overwhelmingly passed the waiver by a vote of 81-17, despite objections from some Democrats that the exemption will set a precedent that could harm civilian control of the military.
Earlier on Thursday, the exemption passed the Senate Armed Services Committee by a 24-3 vote. Democratic Sens. Kirsten Gillibrand, Richard Blumenthal and Elizabeth Warren all voted against the waiver.
The committee approved the exemption following a wide-ranging confirmation hearing where Mattis fielded questions about threats facing the country, acquisition programs and how his time in uniform will affect his role as the department’s top civilian.
Lawmakers have been overwhelmingly supportive of Mattis’ nomination and he is expected to get the required waiver and be confirmed.
While he voted in favor of Mattis’ waiver, Sen. Jack Reed, D-R.I., and ranking member of the committee, said he will not support something similar for future nominees, believing it to be a “once-in-a-generation” exemption.
The House Armed Services Committee is marking up its version of the waiver text on Thursday afternoon, but some Democrats are urging others in their party not to support the exemption after the transition team didn’t allow Mattis to testify on the House side.
The transition team said simply that Mattis was focused on his Senate testimony.
A nominee traditionally testifies before only the relevant Senate committee, since the Senate handles confirmation, but some felt that the waiver required in this case, which will need to pass both chambers, warranted an exception.
