“In order for Austin to be confirmed, the House and the Senate will have to vote to waive the law that prohibits former military officers from becoming defense secretary within seven years of leaving active duty. This would put Austin, who retired in 2016, in the same position in which President Trump’s first nominee for defense secretary, retired Marine Gen. James Mattis, found himself.” So far, Lloyd Austin for Sec of Defense could be Biden’s most controversial cabinet pick. Not because he’s unqualified, but because of his military background. Biden will face uphill battle confirming retired Gen. Lloyd Austin as Pentagon chief.