President Donald Trump’s nomination of Hung Cao to be Secretary of the Navy faces procedural hurdles and opposition from Senate Democrats. Cao, who has served as acting Navy secretary since April 2026, requires a legislative waiver from both the House and Senate because he has not been retired from active military service for the legally mandated seven years. Having retired as a Navy captain in October 2021, Cao is currently ineligible for the top civilian post until 2028 without congressional intervention.
Federal law intended to preserve civilian control of the military requires former officers to wait seven years before leading a service branch. While Congress granted similar waivers to Defense Secretaries Jim Mattis and Lloyd Austin, those were approved at the start of presidential terms. Cao’s nomination comes as Congress faces a narrow legislative window before the November midterm elections, with both chambers scheduled for limited time in Washington.
Democratic senators have cited Cao's record as acting secretary and his past rhetoric as grounds for opposition. Sen. Kirsten Gillibrand (D-NY) and Sen. Jeanne Shaheen (D-NH) specifically pointed to the handling of the USS Abraham Lincoln deployment, which lasted roughly nine months during the U.S. war in Iran. Shaheen described the deployment as a "severe mishandling" that impacted crew mental health, while Sen. Mazie Hirono (D-HI) questioned Cao’s focus on diversity, equity, and inclusion (DEI) initiatives.
Cao, a 1996 Naval Academy graduate and former special operations officer, previously ran two unsuccessful campaigns for office in Virginia. During his 2024 Senate bid, he stated the military needs "alpha males and alpha females who are going to rip out their own guts, eat them, and ask for seconds," a comment recently criticized by Sen. Andy Kim (D-NJ). In October 2025, Cao was confirmed as Navy undersecretary in a 52-45 vote, with all present Democrats opposed.
The waiver process requires 60 votes in the Senate to overcome a potential filibuster, meaning at least several Democrats must support the measure. Residents in Maine and New Hampshire are monitoring the process due to concerns raised by Sen. Shaheen regarding future funding and workforce stability at the Portsmouth Naval Shipyard, which maintains the nation's nuclear-attack submarines.
A rejection or delay of the waiver could reinforce the law that extended the "cooling off" period. It also complicates President Trump's defense agenda, which includes directives to install steam-powered technology on aircraft carriers and the creation of a "Golden Fleet" of new ships. With the House and Senate on limited schedules, a final decision on the waiver is expected to be deferred until the "lame duck" session between the November elections and the end of the year.