CABINET NOMINATIONS UPDATE (as of 1/30/2017)
Cabinet Confirmation Process Underway in the Senate................................. 2
Rex Tillerson – Secretary of State-Designate (Cabinet)................................ 3
Steve Mnuchin – Secretary of Treasury-Designate (Cabinet)....................... 3
General James Mattis – Secretary of Defense (Cabinet).............................. 4
Senator Jeff Sessions – Attorney General-Designate (Cabinet).................... 4
Rep. Ryan Zinke – Secretary of the Interior-Designate (Cabinet)................ 5
Governor Sonny Perdue – Secretary of Agriculture-Designate (Cabinet)... 5
Wilbur Ross – Secretary of Commerce-Designate (Cabinet)........................ 6
Andrew Puzder – Secretary of Labor-Designate (Cabinet)........................... 6
Rep. Tom Price – Secretary of Health and Human Services-Designate (Cabinet).......................................................................................................... 7
Dr. Ben Carson – Secretary of Housing and Urban Development-Designate (Cabinet).......................................................................................................... 7
Elaine Chao – Secretary of Transportation-Designate (Cabinet).................. 8
Governor Rick Perry – Secretary of Energy-Designate (Cabinet)............... 8
Betsy DeVos – Secretary of Education-Designate (Cabinet)......................... 9
David Shulkin – Secretary of Veteran Affairs-Designate (Cabinet).............. 9
General John F. Kelly – Secretary of Homeland Security (Cabinet)......... 10
Rep. Mick Mulvaney – Director of the Office of Management and Budget-Designate (Cabinet- level)............................................................................................... 10
Scott Pruitt – Administrator for the Environmental Protection Agency-Designate (Cabinet-
level)............................................................................................................. 11
Robert Lighthizer – U.S. Trade Representative-Designate (Cabinet-level)... 11
Linda McMahon – Administrator for the Small Business Administration-Designate (Cabinet-
level)............................................................................................................. 12
www.troutmansandersstrategeis.com
Cabinet Confirmation Process Underway in the Senate
The 115th Congress has witnessed a flurry of activity since it convened on January 3, 2017.
Republican and Democratic leaders of the Senate and House of Representatives started the year by naming chairs and allocating committee seats to incumbents and new members.
The two chambers also passed a Republican-led budget resolution laying the groundwork for the repeal of the Affordable Care Act through a process called reconciliation.
Additionally, the Senate has been busy reviewing President Trump’s nominations to lead the federal departments and agencies. These heads of departments will also make up the majority of his Cabinet.
Senate leaders are moving Trump’s nominations as quickly as possible in order to ensure a smooth transition for the new administration.
Typically, the Senate’s confirmation process for the head of a federal department begins with an initial confirmation hearing in the committee or committees of jurisdiction. There, members can question the candidate and learn more about their policy positions.
Confirmation hearings are followed by a vote in the committee to advance the nomination to the full Senate floor, ending in a full vote by the Senate to confirm or reject the nominee.
What follows is a list of President Trump’s nominations for his Cabinet and their current status along the confirmation process. The list is in the order of the presidential line of succession.
Also included are some of the Cabinet-level positions that are not officially part of Trump’s Cabinet, but still require Senate confirmation.
Note: This report is up-to-date as of Monday, January 30. Dates of confirmation hearings, committee votes and full Senate votes are subject to change.
Rex Tillerson – Secretary of State-Designate (Cabinet)
Status: Pending a full Senate confirmation vote
The Senate Foreign Relations Committee approved Tillerson’s nomination as Secretary of State on January 23. The vote, 11-10, fell along party lines. Tillerson’s first nomination hearing occurred on January 11. The Senate is expected to hold a cloture vote on his nomination on January 30. After 30 hours of debate, and once cloture is invoked, the Senate can vote for full confirmation, likely February 1 or 2.
Tillerson’s nomination was initially met with some resistance by Republican Senators Marco Rubio (R-FL), John McCain (R-AZ), and Lindsay Graham (R-SC) over his ties with Russia, but they have since voiced their support. Tillerson is now expected to be confirmed with full Senate Republican support. Senate Democrats will likely withhold all their support and have also voiced concerns over Tillerson’s connections with Russia, his stance on human rights issues, as well as his stance on climate change and his work as the CEO of Exxon Mobil Corp.
Steve Mnuchin – Secretary of Treasury-Designate (Cabinet)
Status: Pending a vote in the Senate Finance Committee
The Senate Finance Committee held a confirmation hearing for Steven Mnuchin to be the next Secretary of the Treasury on January 19. The Finance Committee will vote to advance Mnuchin’s nomination on January 30.
Mnuchin’s nomination has also come with controversy. He faced stiff opposition from Senate Democrats during his nomination hearing who criticized him for profiting off the financial crisis. As Secretary of the Treasury, Mnuchin has committed to review Dodd-Frank regulations, including the Volcker rule and the Financial Stability Oversight Council, and has said he would label China a currency manipulator. He will also likely play a key advisory role in any tax reform package Trump plans to present to Congress.
General James Mattis – Secretary of Defense (Cabinet)
Status: Confirmed
On January 20, the day of President Trump’s inauguration, the Senate voted 98-1 to confirm former General James “Mad Dog” Mattis to be the new Secretary of Defense. The Senate Armed Services Committee advance Mattis’s nomination on January 18 (26-1) and held his confirmation hearing on January 12.
Mattis has proven to be one of President Trump’s least controversial nominees and received only one dissenting vote from Senator Kirsten Gillibrand (D-NY) as well as an abstention from the Attorney General-designate, Senator Jeff Sessions (R-AL). As a former Marine general who retired in 2013, Mattis also had to receive a waiver from Congress to bypass the seven year waiting period for military personnel to take a top civilian government post.
Senator Jeff Sessions – Attorney General-Designate (Cabinet)
Status: Pending a vote in the Senate Judiciary Committee
The Senate Judiciary Committee is scheduled to vote on whether to advance the nomination of Senator Jeff Sessions (R-AL) to be the next U.S. Attorney General on January 31. Committee members are expected vote along party lines. The committee held two days worth of confirmation hearings for the Senator over January 10-11.
Sessions, a four-term senator, has also emerged as one of Trump’s more contested nominations. Both Senate and House Democrats have raised concerns regarding Sessions’ record on civil rights. Senator Cory Booker (D-NJ), for example, broke a long standing tradition by testifying against his fellow Senate colleague during the hearings. Sessions was the first senator to endorse Trump during the presidential primaries.
Rep. Ryan Zinke – Secretary of the Interior-Designate (Cabinet)
Status: Pending a vote in the Senate Energy and Natural Resources Committee
Senate Energy and Natural Resources Committee Chairwoman Lisa Murkowski (R-AK) has indicated that the committee will vote to advance Rep. Ryan Zinke’s (R-MT) nomination to be the next Secretary of the Interior on January 31. The committee held Zinke’s confirmation hearing on January 17.
As a rather non-controversial nomination, Zinke will likely garner full Senate Republican support as well as a large portion of Senate Democrats. Zinke has promoted an “all-of-the-above” approach to energy policy and has said he is dedicated to preserving public lands. If confirmed, he will be at the forefront of several important public land policy decisions, such as whether to allow energy development on public lands.
Governor Sonny Perdue – Secretary of Agriculture-Designate (Cabinet)
Status: Pending a Senate Agriculture Committee confirmation hearing
The Senate Agriculture Committee isn’t expected to hold a confirmation hearing for President Trump’s choice for Secretary of Agriculture, Sonny Perdue, until mid-February at the earliest, due to his late selection and time it will take for his financial disclosures to be analyzed.
Sonny Perdue, the former Georgia Governor and cousin to sitting Senator David Perdue (R-GA), will likely go through a relatively non-controversial confirmation process. Perdue has deep ties to the agricultural community and is known for promoting American agricultural products through global trade. Once confirmed, he will lead a federal agency that has a hand in a wide array of issues President Trump campaigned on such as trade, immigration and overly burdensome environmental regulations.
Wilbur Ross – Secretary of Commerce-Designate (Cabinet)
Status: Pending a full Senate confirmation vote
On January 24, the Senate Commerce, Science, and Transportation Committee approved by voice vote (no recorded vote) the nomination for Wilbur Ross to be the next Secretary of Commerce. The committee held Ross’s nomination hearing on January 18. No date has been set for sending his nomination to the full senate.
Ross, an economic and trade adviser to Trump during the campaign will likely be confirmed with bipartisan support. Reshaping trade policy is at the helm of President Trump’s agenda and Ross will likely play a larger role in negotiating trade future deals than his predecessors; a task usually spearhead by the U.S. Trade Representative.
Andrew Puzder – Secretary of Labor-Designate (Cabinet)
Status: Pending a Senate HELP Committee confirmation hearing
The Senate Health, Education, Labor and Pensions (HELP) Committee will hold a confirmation hearing for Andrew Puzder on February 7, after being delayed twice.
Congressional Democrats, along with labor groups and unions, are expected to strongly oppose Puzder’s nomination. Puzder has previously stated that he is opposed to the Department of Labor’s overtime regulations and to raising the minimum wage.
Rep. Tom Price – Secretary of Health and Human Services-Designate (Cabinet)
Status: Pending a vote in the Senate Finance Committee
On January 24, the Senate Finance Committee held a confirmation hearing for Rep. Tom Price (R-GA) to be the next Secretary of Health and Human Services. That hearing was preceded by a courtesy confirmation hearing in the Senate Health, Education, Labor and Pensions Committee on January 18. The Finance Committee will vote to advance Price’s nomination on January 31.
Price, the six-term representative, former House Budget Chairman, and former orthopedic surgeon, was attacked by Senate Democrats during his two confirmation hearings for his role in leading Republican efforts in the House to repeal the Affordable Care Act (ACA) and reform other healthcare programs. Price will play a key role in formulating a replacement for the ACA in Trump’s administration. Senate Republicans will support Price’s nomination and Democrats don't have the ability to block his confirmation.
Dr. Ben Carson – Secretary of Housing and Urban Development-Designate (Cabinet)
Status: Pending a full Senate confirmation vote
On January 24, the Senate Banking, Housing and Urban Affairs Committee advanced Carson’s nomination to be the next HUD Secretary by voice vote (no vote recorded). However, it’s unclear when the full Senate will vote on his confirmation. The committee held his confirmation hearing on January 12.
The one-time political opponent of President Trump and former neurosurgeon will likely be confirmed by the Senate. Democrats initially had reservations about Carson’s apparent lack of experience with housing issues.
Elaine Chao – Secretary of Transportation-Designate (Cabinet)
Status: Pending a full Senate confirmation vote
The Senate will consider Elaine Chao's nomination to be Transportation Secretary on January 31. The Senate Commerce, Science, and Transportation Committee voted to advance Chao’s nomination by voice vote (no recorded vote) on January 24 and held her confirmation hearing on January 11.
Elaine Chao, the wife of Senate Majority Leader Mitch McConnell (R-KY), has received broad, bipartisan support in the Senate. She served as Secretary of Labor for eight years during President George W. Bush’s administration and has previously served as the Deputy Secretary for the Department of Transportation.
Governor Rick Perry – Secretary of Energy-Designate (Cabinet)
Status: Pending a vote in the Senate Energy and Natural Resources Committee
The Senate Energy and Natural Resources Committee held Perry’s confirmation hearing on January 19 and is scheduled to vote to advance his nomination to the full Senate on January 31.
Perry, the former and longest serving Governor of Texas in state history, is likely to face some opposition but will ultimately be confirmed by the Senate. Senate Democrats have contested his conservative views on climate change and energy development, though Perry himself has advocated for an “all-of-the-above” approach to energy policy and stated he believes the climate is changing during
his confirmation hearing. Perry has also backtracked on statements he made during his own presidential campaign about dismantling the Department of Energy.
Betsy DeVos – Secretary of Education-Designate (Cabinet)
Status: Pending a vote in the Senate HELP Committee
The Senate Health, Education, Labor, and Pensions (HELP) Committee held a heated confirmation hearing for DeVos to be the next Education Secretary on January 17. The committee is scheduled to vote to advance her nomination on January 31.
Despite the request of some Democrats on the Senate HELP Committee for another hearing on DeVos, the committee will likely move ahead with a vote to advance her nomination on January 31. Democrat committee members grilled DeVos during her first hearing on her stance on charter schools, student voucher programs and her family’s political contribution history. DeVos has the backing of Senate Republicans and will likely win confirmation.
David Shulkin – Secretary of Veteran Affairs-Designate (Cabinet)
Status: Pending a Senate Veterans’ Affairs Committee confirmation hearing
The Senate Veterans’ Affairs Committee will hold a confirmation hearing for David Shulkin on February 1. The committee has not yet scheduled a follow up vote.
David Shulkin is the current undersecretary for health at the Department for Veterans’ Affairs. He was nominated by President Obama and confirmed by the Senate by voice vote in 2015. Given this record of bipartisan support, it is unlikely he will face a contentious confirmation hearing and will later be confirmed by the Senate.
General John F. Kelly – Secretary of Homeland Security (Cabinet)
Status: Confirmed
On January 20, the day of President Trump’s inauguration, the Senate voted to confirm General John Kelly as the next Secretary of Homeland Security by a vote of 88-11.
Kelly’s military record won him broad support during his confirmation hearing and vote. He commanded forces in Iraq and previously served as an aide to former Defense Secretaries Leon Panetta and Robert Gates. His 11 dissenting votes were all Senate Democrats.
Rep. Mick Mulvaney – Director of the Office of Management and Budget-Designate (Cabinet-level)
Status: Pending a vote in the Senate Homeland Security and Governmental Affairs Committee
On January 24, both the Senate Budget Committee and the Senate Homeland Security and Governmental Affairs Committee held confirmation hearings for Rep. Mick Mulvaney (R-SC) to be the next director of the Office of Management and Budget (OMB). The Senate Homeland Security and Governmental Affairs Committee will vote on Mulvaney’s nomination on February 1.
Mulvaney is a founding member of the House Freedom Caucus and has advocated for cutting government spending. He will likely encounter resistance from Senate Democrats who fear cuts to domestic spending programs. Senator John McCain (R-AZ) has also come out and stated that he is worried Mulvaney will cut into defense spending.
Scott Pruitt – Administrator for the Environmental Protection Agency-Designate (Cabinet-level)
Status: Pending a vote in the Senate Environment and Public Works Committee
The Senate Environment and Public Works Committee held a confirmation hearing for Scott Pruitt, the current Attorney General for Oklahoma, on January 18. The committee will vote on Pruitt’s nomination on February 1.
Pruitt is tapped to oversee a broad regulatory overhaul at the EPA. He has been a vocal and legal opponent to the Obama Administration's environmental agenda. His arguments against the agency’s aggressive administrative actions were an underpinning of the Trump-Pence energy platform as Pruitt often referred to EPA regulations implemented during the Obama years as "unconstitutional, job-killing and costly." He will more than likely face opposition from Senate Democrats.
Robert Lighthizer – U.S. Trade Representative-Designate (Cabinet-level)
Status: Pending a Senate Finance Committee confirmation hearing
The Senate Finance Committee has not schedule a confirmation hearing for Lighthizer. It will likely come in mid-February.
Lighthizer is expected to have broad Senate Republican support, though it is unclear how many Democrats will support his nomination. Lighthizer served as Deputy Trade Representative during the Reagan administration and has been an active trade lawyer since.
Linda McMahon – Administrator for the Small Business Administration-Designate (Cabinet-level)
Status: Pending a vote in the Senate Small Business and Entrepreneurship Committee
The Senate Small Business and Entrepreneurship Committee held a confirmation hearing for McMahon on January 24. The committee will vote to forward her nomination to the full Senate on January 30.
Linda McMahon, the co-founder of the World Wrestling Entertainment Inc. and former Senate candidate, appears set to win confirmation without much fanfare. McMahon fielded relatively friendly questions from both political parties during her confirmation hearing.
Troutman Sanders Strategies
Troutman Sanders Strategies LLC is a wholly owned subsidiary of Troutman Sanders LLP and specializes in developing client-government relationships at the federal, state, and local levels.
Troutman Sanders law firm recognized the evolving complexities in the interface between business and government, and clients were bringing issues before the firm that required interaction with government beyond legal representation. As demands increased and the client list grew, the firm formed a dedicated team of specialists who could concentrate exclusively on government matters. Our government affairs practice has expanded from a single-office operation into a comprehensive, national issue and project management firm. Today, with offices in California, Georgia, North Carolina, Virginia, and Washington, D.C., Troutman Sanders Strategies serves clients all across the country.
Our team consists of consultants, lobbyists, policy and procedural experts. We advance our clients’ interests by tailoring each strategy and action in response to the ever-changing political and policy landscapes. Troutman Sanders Strategies has a national reputation for honesty, integrity, and dedication to clients’ needs and services.
Please visit our website at www.troutmansandersstrategies.com to learn more about our practice and our professionals.