WASHINGTON, D.C. — President Donald Trump nominated Hung Cao for the position of secretary of the Navy. The nomination requires a special congressional waiver under 10 U.S.C. §8013 because Cao retired from active duty less than seven years ago.

Federal law mandates a seven-year waiting period after retirement from active duty for former military officers to serve as service secretaries. Cao retired from the Navy in 2021, placing him five years past his separation date rather than the required seven. The waiver requirement for Cao's nomination requires 60 votes in the Senate to advance.

Cao has served as acting secretary of the Navy since April. He also has served as the Under Secretary of the Navy since 2025. His path to the permanent role involves navigating both statutory hurdles and political support.

President Trump posted on Truth Social that the Senate needs to "confirm this warfighter — ASAP." Trump added, "We need patriots like Hung leading our Navy and Marine Corps, and I can think of no one better than him to make sure our great Navy and Marine Corps remain the fiercest and best force the world has ever seen." Rep. Rob Wittman stated that confirming Cao "can be done" but requires immediate action. Wittman indicated that legislative mechanisms exist to address the timing conflict, though they demand prompt attention from Congress.

Candidate for Virginia's Second Congressional District Elaine Luria stated on X that Cao is ineligible to serve as Secretary of the Navy under 10 U.S.C. §8013 because he has only been retired for five years. Luria’s statement shows the statutory barrier that defines the current confirmation debate.

Timeline

Cao retired from the Navy in 2021. On Sept. 1, Cao stated that leading the Navy and Marine Corps team has been "an honor of a lifetime." He also stated on Sept. 1, "I'm grateful for your leadership and support as we continue to get after shipbuilding and ensure the defense of the homeland."

What's New

Additional background notes that Cao fled Vietnam with his family in 1975 during the fall of Saigon. Records show Cao enlisted in the Navy in 1989 as a seaman recruit. He was commissioned as a special operations officer in 1996 after attending the United States Naval Academy. It is also noted that Cao has served as the Under Secretary of the Navy since 2025.

Why It Matters

The nomination tests the application of 10 U.S.C. §8013, which imposes a seven-year cooling-off period for military officers seeking civilian service secretary roles. Because Cao retired in 2021, the Senate must decide whether to grant a waiver, a process that requires 60 votes to advance. This threshold means bipartisan support is necessary for confirmation, turning the legal technicality into a broader legislative challenge.

Cao’s tenure as acting secretary since April and his role as Under Secretary of the Navy since 2025 place him at the center of current naval operations, including shipbuilding initiatives. The outcome will determine whether the statutory waiting period remains a strict barrier or yields to executive preference for recent military leaders in top defense posts.