It’s not just military leaders: Tuberville hold scrambles Pentagon’s policy shop

An Alabama senator’s blockade of military nominations isn't just holding up promotions for senior officers. It's also jamming up the Pentagon's policy shop at a critical time.

The Defense Department’s top policy official, Colin Kahl, stepped down on Friday after more than two years in the role. Whoever President Joe Biden nominates to replace Kahl will take on a top civilian job as the department struggles to balance support for Ukraine with countering an increasingly aggressive China.

But Kahl’s replacement will have to get in line behind some 275 senior military officers whose promotions have been stalled for months over Republican Sen. Tommy Tuberville’s objections to the Pentagon’s policy of paying the travel costs for service members seeking abortions. The monthslong hold is already scrambling the turnover of the military Joint Chiefs: the Marine Corps is already without a Senate-confirmed leader for the first time in 100 years, and the Army and Navy will soon be in a similar position.

Biden has not yet nominated a replacement for Kahl, but he is set to tap State Department Counselor Derek Chollet, Bloomberg reported. Sasha Baker, Kahl’s deputy, is currently doing Kahl’s former job on an acting basis.

The undersecretary for policy is one of the highest-level civilian officials in the Pentagon, responsible for advising the defense secretary on all matters concerning national security and defense policy. Kahl is close to Biden — he served as the then-vice president’s national security adviser in the Obama administration — and has played a leading role in the Afghanistan evacuation, sending weapons to Ukraine and other top national security issues.

By definition, officials serving in a temporary role lack the authority that a Senate confirmation confers. While officials such as Baker are seasoned national security professionals, anyone in an acting role is limited by the uncertainty over whether a permanent replacement will soon arrive, experts say.

The top policy job is not the only civilian position that will be left vacant if Tuberville’s hold continues. Three other civilian nominations are also stalled: Nick Guertin, for assistant secretary of the Navy overseeing research, development, and acquisition; Ron Keohane, to be DOD’s assistant secretary for manpower and reserve affairs; and Cara Abercrombie, to be the Pentagon’s assistant secretary for acquisition.

All four roles are currently being filled on a temporary basis. But unlike the military positions, the civilian seats cannot be filled by acting officials indefinitely. Under the Vacancies Act, they are limited to 210 days.

While U.S. officials and experts see the military holds as the more urgent problem, the Pentagon is increasingly concerned about the cascading impact on the department’s civilian leadership, which plays a key role in tackling the nation’s national security threats.

“We urge Senator Tuberville to also lift his hold on our extremely qualified civilian nominees,” Pentagon spokesperson Sabrina Singh told POLITICO.

Despite Tuberville’s blockade, the Pentagon’s civilian leadership is in a much better place under Biden than it was during Donald Trump’s presidency. By March 2020, more than a third of all Senate-confirmed civilian positions at DOD were vacant or filled by temporary officials, a record level for the administration outside of the transition period. Out of 60 senior positions, 21 lacked permanent appointees.

By contrast, only seven of the now 66 senior Pentagon positions requiring Senate confirmation are open, according to Arnold Punaro, a retired Marine Corps major general and former Senate Armed Services staff director.

Still, the longer the blockade lasts, the more positions could be affected. Many officials leave at the halfway point in an administration to take a new position or return to private life. And if the officials in acting roles reach the legal time limit, the administration will have to tap someone new to fill the position.

“Until the hold on the now over 300 flag and general officer nominations is resolved, I unfortunately don't see any civilian DOD nominations getting confirmed,” Punaro said. “Holds are jamming both civilian and military nominations with no white smoke in sight.”