TRUMP'S NAVY PICK NEEDS WAIVER

PHOTO CAPTION: Acting Secretary of the Navy Hung Cao speaks to Marines and sailors at Camp Lejeune, North Carolina, Sept. 2, 2026. U.S. Marine Corps photo by Sgt. DeMontae Stovall.

President Donald Trump’s nominee to permanently lead the Navy will need Congress to clear a legal hurdle before he can be confirmed to the job.

Acting Secretary of the Navy Hung Cao retired from active-duty Navy service as a captain in October 2021. Federal law generally prohibits someone from being appointed secretary of the Navy within seven years of leaving active duty as a commissioned officer in a regular component of the armed forces.

That means Cao would not normally clear the seven-year requirement until 2028.

USNI News reported Sept. 7 that Cao will need congressional legislation waiving the restriction before he can be confirmed as the permanent secretary of the Navy. A source familiar with the nomination process told the outlet that the waiver would need approval from both the House and Senate.

Cao is already serving as acting secretary of the Navy, a position he assumed on April 22. The issue involves his potential permanent appointment and Senate confirmation rather than his current acting role.

Trump announced Sept. 1 that he intended to nominate Cao for the permanent position. Cao previously served as under secretary of the Navy before moving into the acting secretary role.

A 1996 graduate of the U.S. Naval Academy, Cao spent his Navy career as a diving and explosive ordnance disposal officer. His official biography says he deployed to Iraq, Afghanistan and Somalia and retired after reaching the rank of captain.

The waiting period is designed to maintain separation between recent active-duty military service and the civilian leadership of the armed forces.

The restriction for service secretaries was increased from five years to seven years in 2021. Congress has previously approved waivers from similar cooling-off requirements for senior Pentagon officials, including former Defense Secretaries Jim Mattis and Lloyd Austin.

A senior Pentagon official told USNI News that the department plans to work with Congress during Cao’s nomination process. No waiver legislation was identified in the reporting as having been enacted as of Sept. 7.

If Congress approves a waiver, Cao could proceed through the normal confirmation process for the permanent Navy secretary position.

(Source: OAF Nation)