Consideration of Privileged Nominations in the Senate

Consideration of Privileged Nominations in the January 23, 2023
Senate
Michael Greene
Privileged nominations are a subset of presidentially appointed and Senate-confirmed positions
Analyst on Congress and
that are eligible for consideration under procedures established by S.Res. 116 (112th Congress,
the Legislative Process
2011-2012). The vast majority of the 285 nominations designated as privileged are part-time

positions to various boards and commissions, though some full-time positions are privileged as
well (e.g., chief financial officers and certain assistant secretaries in Cabinet-level agencies). The

procedures for privileged nominations may reduce the workload of committees of jurisdiction in
processing these appointments for consideration by the Senate.
The creation of privileged nominations and the special procedures for their consideration were part of a larger effort at
reforming the confirmation process in the Senate during the 112th Congress. At the outset of the 112th Congress, a bipartisan
working group was formed and ultimately produced both S.Res. 116, “A resolution to provide for expedited Senate
consideration of certain nominations subject to advice and consent,” and S. 679, the “Presidential Appointment Efficiency
and Streamlining Act of 2011” (P.L. 112-166). The list of privileged nominations, first established in 2012, was expanded in
2015 by P.L. 114-1, the Terrorism Risk Insurance Program Reauthorization Act of 2015, to include 13 members of the Board
of Directors for the National Association of Registered Agents and Brokers.
Unlike a typical nomination, a privileged nomination is not referred to committee unless requested by any Senator. Instead, it
is entered into the “Privileged Nominations” section of the Senate Executive Calendar. Committees are required to request
biographical and financial information from these nominees, typically in the form of committee questionnaires. Upon receipt
of the requested information, the committee chair notifies the Executive Clerk in writing. The nomination then remains in the
“Privileged Nominations” section of the Executive Calendar for 10 days of session before moving to the “Nominations”
section, where it is eligible to be brought up for consideration on the floor of the Senate. This process allows a nomination to
become eligible for floor consideration even though the committee did not hold a formal markup meeting to vote to report it.
There are no expedited floor procedures for privileged nominations, and they are brought up and considered under the same
procedures as any nomination reported by a committee.
Any Senator may request on his or her own behalf, or on behalf of any identified Senator, that a privileged nomination be
referred to committee. Such a request automatically triggers the referral of a privileged nomination. If a nomination is
referred in this way, it must be reported by the committee (or the Senate must discharge the committee of the nomination)
before the full Senate can consider it. The vast majority of privileged nominations considered on the Senate floor were not
subject to a request for referral to committee. As of the end of 2022, the Senate has considered 634 privileged nominations,
and there have been 58 instances of privileged nominations being referred to a committee at the request of a Senator. Such
requests for referral are usually initiated by a Member on the committee with jurisdiction over the nomination and oftentimes
originate with the committee’s chair or ranking member.
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Contents
“Privileged” Nominations ............................................................................................................... 1
Consideration of Privileged Nominations ................................................................................. 1
Receipt in Senate................................................................................................................. 1
Information Requested and Received by Committee ......................................................... 2
Final Consideration Under Regular Procedures .................................................................. 2
Referral of a Privileged Nomination to Committee ............................................................ 3
Legislative History on the Creation of Privileged Nominations ..................................................... 3
S.Res. 116, 112th Congress ........................................................................................................ 3
Terrorism Risk Insurance Program Reauthorization Act of 2015 ............................................. 5
Privileged Nominations Referred to Committee ............................................................................. 5
Increase in Referral to Committee During the 117th Congress .................................................. 5

Figures

Figure A-1. Example of Privileged Nominations Section of the Senate Executive
Calendar ..................................................................................................................................... 16

Tables
Table 1. Privileged Nominations Referred to Committee ............................................................... 7

Table A-1. Privileged Nominations ............................................................................................... 13

Appendixes
Appendix. Privileged Nominations ............................................................................................... 13

Contacts
Author Information ........................................................................................................................ 17

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“Privileged” Nominations
Every year the Senate routinely considers whether to give its advice and consent to hundreds of
nominations submitted by the President. From start to finish, the confirmation process can be a
lengthy one, even for relatively noncontroversial nominees. Each nomination is typically referred
to one or more committees having subject matter jurisdiction over the position. Committees may
bear a significant workload in examining nominees—often including questionnaires, optional
public hearings, and individual meetings with Senators—to determine whether to report a
nomination to the full Senate.1 Once a committee has reported a nomination or been discharged
from its further consideration, the Senate may take up a nomination for deliberation, though a
cloture process may be required to ensure a final vote to confirm.2
As part of an effort to streamline the nominations process during the 112th Congress (2011-2012),
a standing order of the Senate, S.Res. 116, created a new designation of certain nominations as
“privileged.” These so-called privileged nominations are subject to special procedures that may
save the time of committees in processing these appointments. In total, there are 285 positions to
which nominations are privileged, the majority of which are part-time appointments to oversight
boards and advisory commissions, but they also include full-time chief financial officers and
certain assistant secretaries to Cabinet-level agencies. A full list of privileged nominations,
organized by their committees of jurisdiction, can be found in Appendix.
This report first examines, in detail, the special procedures under which privileged nominations
are processed, as well as the action by which a Senator may have a privileged nomination referred
to its committee of jurisdiction. It then provides a brief legislative history of S.Res. 116 and
subsequent legislation that has created additional privileged nominations. Finally, this report
includes data on and a discussion of Senators’ requests to refer privileged nominations to
committee. Figure A-1 contains an example of the “Privileged Nominations” section of the
Senate’s Executive Calendar.
Consideration of Privileged Nominations
The sections below discuss each step of how a privileged nomination might be processed under
potentially expedited procedures before consideration by the full Senate. Pursuant to Section 1(d)
of S.Res. 116, any Senator may insist that a privileged nomination be referred to its committee of
jurisdiction, making it no longer eligible for procedures under S.Res. 116. Further discussion of
when and why a Senator might make such a request follows after the sections on consideration.
Receipt in Senate
Unlike a typical nomination—which, when received by the Senate, is usually referred to its
committee of jurisdiction—a privileged nomination goes directly to the “Privileged Nominations”
section of the Executive Calendar. There, the nominee and position to which he or she was
nominated is to be recorded, along with the date the nomination was received by the Senate. An

1 For a more detailed discussion of the consideration of nominations, see CRS Report RL31980, Senate Consideration
of Presidential Nominations: Committee and Floor Procedure
, by Elizabeth Rybicki.
2 For more information on the cloture process in the Senate, see CRS Report 98-425, Invoking Cloture in the Senate, by
Christopher M. Davis; and CRS Report RL30360, Filibusters and Cloture in the Senate, by Valerie Heitshusen and
Richard S. Beth.
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example page of the “Privileged Nominations” section of the Executive Calendar appears in
Figure A-1.
The same day a privileged nomination is received in the Senate, the Office of the Executive Clerk
sends a notification form to its committee of jurisdiction. This transmittal from the Executive
Clerk is not a referral of the nomination to the committee but rather serves to inform the
committee it should proceed to request information from the nominee. A column in the Privileged
Nominations section of the Executive Calendar entitled “Information Requested by Committee”
is marked with a “Yes” to denote this transaction.
Information Requested and Received by Committee
Though under the terms of S.Res. 116, privileged nominations are not referred to their
committees of jurisdiction, these committees are still responsible for obtaining certain
background information from nominees before they can be considered by the full Senate. Section
1(b) of S.Res. 116 directs that the “appropriate biographical and financial questionnaires” be
collected by committees of jurisdiction from privileged nominees. This broad requirement gives
committees some discretion in determining what information to collect. As a result, committee
practices on obtaining information from privileged nominees can vary.3
Once a nominee has responded to a committee’s questionnaires, the chair is required to notify the
Executive Clerk in writing that the appropriate information has been received. This requirement is
fulfilled, in practice, when the committee returns the notification form to the Executive Clerk’s
office.
When a committee has affirmed receipt of the requested information from a nominee, that date is
recorded under the “Requested Information Received” column in the Privileged Nominations
section of the Executive Calendar. Senators have 10 session days from this date (and any time
prior to this point, starting from the day the nomination was received in the Senate) to request that
the nomination be referred to its committee of jurisdiction.4 After 10 session days have passed,
the nomination is then moved to the “Nominations” section of the Executive Calendar and is
eligible to be called up for consideration on the Senate floor (after lying over for one day or, by
unanimous consent, immediately).
Privileged nominations that have been considered under these procedures are to appear in the
Nominations section of the Executive Calendar with the designation “Placed on the Calendar
pursuant to S.Res. 116, 112th Congress” under the “Reported By” column, along with the date it
first appeared there.
Final Consideration Under Regular Procedures
Once a privileged nomination has moved to the Nominations section of the Executive Calendar,
there is no expedited process under which the Senate can proceed to consider or vote on it.
Instead, these nominations are equally eligible for consideration as any other found on the
Nominations section of the Executive Calendar. As a result, even privileged nominations that
may have moved quickly through the expedited committee process could face lengthy wait

3 For example, in addition to obtaining questionnaire responses, the Committee on Finance routinely holds
confirmation hearings on some of its privileged nominations.
4 A “session day” is any calendar day on which the Senate meets, including days that the Senate meets in pro forma
session. The day on which “requested information received” from the nominee is recorded in the Executive Calendar is
considered day 1 of the 10-session-day count.
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periods before being brought up for consideration by the full Senate. Some privileged
nominations never receive a vote on the Senate floor and are returned to the President when the
Senate adjourns sine die at the end of the first or second session of a Congress or when it recesses
for more than 30 days.5
Referral of a Privileged Nomination to Committee
As noted earlier, pursuant to Section 1(d) of S.Res. 116, any Senator may trigger, on his or her
own behalf or the behalf of any identified Senator, that a privileged nomination be referred to its
committee of jurisdiction for consideration under normal procedures. Any such request compels
the referral of the nomination to committee. Senators do not need to obtain recognition on the
floor to make such a request, nor are they required to provide a reason for their request. Instead, a
form for this purpose is available at the dais on the Senate floor. A Senator’s request is then to be
reflected in that day’s Congressional Record, and the nomination is to be referred to its
committee of jurisdiction. Additional data on requests for the referral of a privileged nomination
can be found in Table 1.
Senators may make such requests for a variety of reasons. Senators may have concerns over the
qualifications or fitness of an individual to serve in the position to which he or she was
nominated. Referring the nomination to committee ensures that it will need the support of a
majority of the committee to be reported to the Senate—a higher threshold than under the
procedures of S.Res. 116, which require only that the committee’s chair affirm that the requested
biographical and financial information has been received. Alternatively, a Senator may desire
more time for individual meetings with Senators or a public hearing where a nominee’s
credentials can be extolled, perhaps increasing the chances of a favorable floor vote.
Legislative History on the Creation of Privileged
Nominations

S.Res. 116, 112th Congress
The creation of privileged nominations and the special procedures applied to them were part of a
larger effort to reform the confirmation process in the Senate during the 112th Congress (2011-
2012). On January 5, 2011, Majority Leader Harry Reid and Minority Leader Mitch McConnell
engaged in a brief colloquy to discuss the pace of processing nominations in the Senate, noting
the increasing volume of Senate-confirmed positions and the need for reform. Connecting the
oftentimes laborious confirmation process with difficulty in finding capable nominees, Majority
Leader Reid said:
Clearly, all Presidents are entitled to choose well-qualified individuals to serve in their
administration. In the vast majority of instances, the individuals nominated by the President
are not controversial, but many have faced delays before assuming their positions. These
delays mean critical decision-makers are not in place. And, the delays make it harder to
find qualified people—many great nominees simply cannot wait around for months as the

5 Pursuant to Senate Rule XXXI, paragraph 6. For more discussion on Senate adjournments and the return of
nominations, see CRS Report R42977, Sessions, Adjournments, and Recesses of Congress; and CRS Report R46664,
Return of Nominations to the President under Senate Rule XXXI.
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stress and uncertainty affects their families and careers. We need to do better in the 112th
Congress.6
The two leaders agreed to form a bipartisan nominations reform working group, consisting of
Senators Chuck Schumer and Lamar Alexander, the chair and ranking minority member of the
Committee on Rules and Administration; Senators Joe Lieberman and Susan Collins, the chair
and ranking minority member of the Committee on Homeland Security and Governmental
Affairs; and the floor leaders themselves. By the end of March, members of the group had
introduced two measures: S. 679, the Presidential Appointment Efficiency and Streamlining Act
of 2011, and, S.Res. 116, a resolution to provide for expedited Senate consideration of certain
nominations subject to advice and consent.7
S.Res. 116 was submitted on March 30, 2011, by Senator Schumer on behalf of himself and 14
other Senators—including all members of the nominations reform working group—and was
referred to the Committee on Rules and Administration. The Rules Committee met on May 11
and ordered the resolution reported favorably by voice vote without amendment.8
The Senate took up S.Res. 116 for consideration on June 29. Three amendments to the resolution
were proposed and considered, with a package of negotiated and technical changes—referred to
as a “managers’ amendment”—ultimately being agreed to.
The first amendment, proposed by Senator Tom Coburn, contained language requiring reporting
requirements on legislation creating new federal programs. The amendment was not agreed to,
63-34, after failing to achieve a two-thirds threshold for adoption, pursuant to an earlier
unanimous consent agreement.9 A second amendment, proposed by Senator Tom Harkin on
behalf of Senator Tom Udall, would have amended Senate Rule XXII to establish a majority-vote
threshold for invoking cloture on executive branch nominees.10 This amendment was ruled out of
order by the chair. The final amendment, offered by Senator Schumer, included provisions that
expanded the positions to be considered as privileged nominations (including several full-time
chief financial officers and certain assistant secretaries) and required that future legislation
proposing new presidentially appointed positions be accompanied by a justification report. The
amendment was adopted by unanimous consent.
The Senate agreed to S.Res. 116, as amended, by a vote of 89-8, on June 29, 2011.

6 Congressional Record, daily edition, vol. 157 (January 5, 2011), pp. S14-S15.
7 S. 679 eliminated the requirement of Senate approval from a number of positions, among other provisions. The bill
was passed in the Senate on the same day as S.Res. 116 and was later enacted as P.L. 112-166. For more information
on S. 679, see CRS Report R41872, Presidential Appointments, the Senate’s Confirmation Process, and Changes Made
in the 112th Congress
, by Maeve P. Carey.
8 In his opening statement submitted for the record, Senator Tom Udall noted his intention to offer several amendments
to S.Res. 116 during markup but withdrew them to expedite the committee process. Senator Udall would later offer an
amendment during floor consideration of the resolution. U.S. Congress, Senate Committee on Rules and
Administration, Compilation of Hearings and Markups, 112th Cong., 1st sess., May 11, 2011, S.Hrg. 112-770
(Washington: GPO, 2012), p. 14.
9 Senator Coburn had offered an identical amendment to S. 679 during floor consideration a week earlier. The
unanimous consent agreement withdrew Senator Coburn’s amendment from consideration at that time, instead allowing
it to be offered during consideration of S.Res. 116 and providing one hour of debate equally divided between Senator
Coburn and the majority leader or their designees, in addition to requiring the two-thirds voting threshold.
10 The Senate would reinterpret Rule XXII in 2013 and again in 2017 to establish majority cloture on nominations. For
further discussion of those actions, see CRS Report R43331, Majority Cloture for Nominations: Implications and the
“Nuclear” Proceedings of November 21, 2013
; and CRS Report R44819, Senate Proceedings Establishing Majority
Cloture for Supreme Court Nominations: In Brief
, by Valerie Heitshusen.
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Terrorism Risk Insurance Program Reauthorization Act of 2015
H.R. 26, the Terrorism Risk Insurance Program Reauthorization Act of 2015,11 during the 114th
Congress (2015-2016), created a new 13-member Board of Directors for the National Association
of Registered Agents and Brokers and designated these positions as privileged nominations
established by S.Res. 116 (112th Congress).12 To date, this legislation marks the first and only
expansion of the privileged nominations category.
The language establishing these new privileged nominations first appeared in the 113th Congress
(2013-2014) with the introduction of S. 534, the National Association of Registered Agents and
Brokers Reform Act of 2013. The legislative history of S. 534 offers no additional comment on
the designating of these 13 positions as privileged nominations. Nonetheless, these positions fit
the general profile of the type of nominations for which expedited consideration was designed
(e.g., part-time boards and commissions).
Privileged Nominations Referred to Committee
The Senate has considered 634 privileged nominations since the adoption of S.Res. 116 on June
29, 2011, until the end of 2022. Of those 634 nominations, 58 (9.1%) have been referred to
committee at the request of a Senator. This rate of referral suggests that Senators are generally
deferential to the expedited committee consideration of privileged nominations. Table 1 provides
data on these 58 instances of requested referrals. Each entry contains identifying information
about the nomination, including the Congress when the nomination was submitted, the name of
the nominee, the position to which he or she was nominated, and the final disposition of the
nomination by the Senate. Table entries also note the committee of jurisdiction for each
nomination and a column indicating whether the Senator requesting referral was a member and/or
leader of that committee at the time he or she made the request.
As previously discussed, under the provisions of S.Res. 116, any Senator has the right to request
that a privileged nomination be referred to its committee of jurisdiction. A supermajority of these
requests have been by a Senator on the nomination’s committee of jurisdiction. Of the 58
instances where a privileged nomination has been referred, 45 (or 77.6%) have been made by a
Senator from the committee of jurisdiction. Furthermore, 25 (or 43.1%) of those 58 requests were
made by either the chair or ranking member of the committee of jurisdiction.
Increase in Referral to Committee During the 117th Congress
The referral of privileged nominations to committee during the 117th Congress alone nearly
equaled that of the combined total from the prior six Congresses. For the first nine years the
privileged nominations process was in place (2011-2020), a total of 30 privileged nominations
were referred to committee. During the two years of the 117th Congress, from 2021 to 2022, 28
privileged nominations were referred to committee.
It is too early to determine if the increase in referral of privileged nominations to committees
during the 117th Congress will continue in future Congresses. The 117th Congress was an equally
divided Senate in which both parties had equal representation on every committee as opposed to

11 P.L. 114-1.
12 P.L. 114-1, §202(a); 129 Stat. 20.
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Consideration of Privileged Nominations in the Senate

the majority party holding a numerical majority of seats.13 A procedural consequence of equally
divided committees meant that the majority party needed the support of at least one minority
party Senator in order to favorably report a nomination out of committee or otherwise needed to
rely on a special floor procedure to discharge nominations that failed to be reported due to a tie
vote.14 It is not clear if this unique feature had an impact on decisions to request referral of
privileged nominations.

13 See CRS Report R46769, The Senate Powersharing Agreement of the 117th Congress (S.Res. 27), by Elizabeth
Rybicki, for more details on how the Senate accommodated the equally divided 117th Congress.
14 S.Res. 27, the powersharing agreement in place for the 117th Congress, provided a procedural mechanism whereby a
floor leader could make a debate-limited motion to discharge a nomination that failed to be reported due to a tied
committee vote.
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Table 1. Privileged Nominations Referred to Committee
2011-2022
Senator
Requesting
Referral on

Final
Committee of
Committee of
Congress
Nominee
Position
Disposition
Jurisdiction
Jurisdiction?
117th Congress
Kimberly A. McClain
Assistant Secretary of Housing and Urban
Confirmed, voice
Banking, Housing, and Urban Yes
(2021-2022)
Development
vote
Affairs
117th Congress
Carlos F. Uriarte
Assistant Attorney General
Confirmed, voice
Judiciary
No
(2021-2022)
vote
117th Congress
Susie Feliz
Assistant Secretary of Commerce
Confirmed, voice
Commerce, Science, and
Yes (Ranking
(2021-2022)
vote
Transportation
Member)
117th Congress
Rebecca E. Jones
Commissioner on Children, Youth, and
Confirmed, voice
Finance
Yes (Chair)
(2021-2022)
Gaston
Families, Department of Health and Human
vote
Services
117th Congress
Sean Burton
Member, Board of Directors of the
Confirmed, voice
Commerce, Science, and
Yes
(2021-2022)
Metropolitan Washington Airports Authority
vote
Transportation
117th Congress
Victoria B. Wassmer
Chief Financial Officer, Department of
Confirmed, voice
Commerce, Science, and
Yes (Chair)
(2021-2022)
Transportation
vote
Transportation
117th Congress
Mohsin R. Syed
Assistant Secretary of Transportation
Confirmed, voice
Commerce, Science, and
Yes (Chair)
(2021-2022)
vote
Transportation
117th Congress
Samuel H. Slater
Member, Board of Directors of the
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Metropolitan Washington Airports Authority
Presidenta
Transportation
117th Congress
Michael F. Gerber
Member, Federal Retirement Thrift Investment Confirmed, voice
Homeland Security and
No
(2021-2022)
Board (Reappointment)
vote
Governmental Affairs
117th Congress
Michael F. Gerber
Member, Federal Retirement Thrift Investment Confirmed, voice
Homeland Security and
No
(2021-2022)
Board
vote
Governmental Affairs
117th Congress
Samuel H. Slater
Member, Board of Directors of the
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Metropolitan Washington Airports Authority
Presidenta
Transportation
CRS-7

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Senator
Requesting
Referral on

Final
Committee of
Committee of
Congress
Nominee
Position
Disposition
Jurisdiction
Jurisdiction?
117th Congress
Laurel A. Blatchford
Control er, Office of Federal Financial
Returned to the
Homeland Security and
Yes (Chair)
(2021-2022)
Management, Office of Management and
Presidenta
Governmental Affairs
Budget
117th Congress
Javier E. Saade
Member, Federal Retirement Thrift Investment Returned to the
Homeland Security and
No
(2021-2022)
Board (Reappointment)
Presidenta
Governmental Affairs
117th Congress
Javier E. Saade
Member, Federal Retirement Thrift Investment Returned to the
Homeland Security and
No
(2021-2022)
Board
Presidenta
Governmental Affairs
117th Congress
Stacie Olivares
Member, Federal Retirement Thrift Investment Confirmed, voice
Homeland Security and
No
(2021-2022)
Board
vote
Governmental Affairs
117th Congress
Leona M. Bridges
Member, Federal Retirement Thrift Investment Confirmed, voice
Homeland Security and
No
(2021-2022)
Board
vote
Governmental Affairs
117th Congress
Dana K. Bilyeu
Member, Federal Retirement Thrift Investment Confirmed, voice
Homeland Security and
No
(2021-2022)
Board (Reappointment)
vote
Governmental Affairs
117th Congress
Viquar Ahmad
Chief Financial Officer, Department of
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Commerce
Presidenta
Transportation
117th Congress
Viquar Ahmad
Assistant Secretary of Commerce
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Presidenta
Transportation
117th Congress
Mary C. Phee
Member, Board of Directors of the African
Withdrawn
Foreign Relations
Yes
(2021-2022)
Development Foundation
117th Congress
Mary C. Phee
Member, Board of Directors of the African
Returned to the
Foreign Relations
Yes
(2021-2022)
Development Foundation (Reappointment)
Presidenta
117th Congress
Helaine A. Greenfeld
Assistant Attorney General
Returned to the
Judiciary
Yes (Ranking
(2021-2022)
Presidenta
Member)
117th Congress
Melanie A. Egorin
Assistant Secretary of Health and Human
Confirmed, voice
Finance
Yes (Chair)
(2021-2022)
Services
vote
CRS-8

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Senator
Requesting
Referral on

Final
Committee of
Committee of
Congress
Nominee
Position
Disposition
Jurisdiction
Jurisdiction?
117th Congress
Gwen Graham
Assistant Secretary for Legislation and
Confirmed, voice
Health, Education, Labor,
Yes
(2021-2022)
Congressional Affairs, Department of
vote
and Pensions
Education
117th Congress
Patricia L. Ross
Assistant Secretary of Veterans Affairs
Confirmed, voice
Veterans’ Affairs
Yes (Chair)
(2021-2022)
(Congressional and Legislative Affairs)
vote
117th Congress
Jonathan Davidson
Deputy Under Secretary of the Treasury
Confirmed, 88-10 Finance
Yes (Chair)
(2021-2022)
117th Congress
Victoria B. Wassmer
Chief Financial Officer, Department of
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Transportation
Presidenta
Transportation
117th Congress
Mohsin R. Syed
Assistant Secretary of Transportation
Returned to the
Commerce, Science, and
Yes
(2021-2022)
Presidenta
Transportation
116th Congress
Michael J. Finkel
Director, Securities Investor Protection
Returned to the
Banking, Housing, and Urban Yes
(2019-2020)
Corporation
Presidenta
Affairs
116th Congress
Gregory Autry
Chief Financial Officer, National Aeronautics
Returned to the
Commerce, Science, and
Yes
(2019-2020)
and Space Administration
Presidenta
Transportation
116th Congress
Daniel Huff
Assistant Secretary of Commerce
Returned to the
Commerce, Science, and
Yes
(2019-2020)
Presidenta
Transportation
116th Congress
Frank Dunlevy
Member, Federal Retirement Thrift Investment Returned to the
Homeland Security and
No
(2019-2020)
Board
Presidenta
Governmental Affairs
116th Congress
Christopher B.
Member, Federal Retirement Thrift Investment Returned to the
Homeland Security and
No
(2019-2020)
Burnham
Board
Presidenta
Governmental Affairs
116th Congress
John M. Barger
Member, Federal Retirement Thrift Investment Returned to the
Homeland Security and
No
(2019-2020)
Board
Presidenta
Governmental Affairs
116th Congress
Sarah C. Arbes
Assistant Secretary of Health and Human
Confirmed, voice
Finance
Yes (Chair)
(2019-2020)
Services
vote
116th Congress
Troy D. Edgar
Chief Financial Officer, Department of
Confirmed, 62-31 Homeland Security and
Yes (Ranking
(2019-2020)
Homeland Security
Governmental Affairs
Member)
CRS-9

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Senator
Requesting
Referral on

Final
Committee of
Committee of
Congress
Nominee
Position
Disposition
Jurisdiction
Jurisdiction?
116th Congress
Brian McGuire
Deputy Under Secretary of the Treasury
Confirmed, 88-6
Finance
Yes (Chair)
(2019-2020)
116th Congress
Elizabeth Darling
Commissioner on Children, Youth, and
Confirmed, 57-37 Finance
Yes (Chair)
(2019-2020)
Families, Department of Health and Human
Services
116th Congress
Jason J. Fichtner
Member, Social Security Advisory Board
Returned to the
Finance
Yes (Chair)
(2019-2020)
Presidenta
115th Congress
Elizabeth Darling
Commissioner on Children, Youth, and
Returned to the
Finance
Yes (Chair)
(2017-2018)
Families, Department of Health and Human
Presidenta
Services
115th Congress
Alan E. Cobb
Member, Board of Directors of the
Returned to the
Commerce, Science, and
No
(2017-2018)
Metropolitan Washington Airports Authority
Presidenta
Transportation
115th Congress
Melissa F. Burnison
Assistant Secretary of Energy (Congressional
Confirmed, voice
Energy and Natural
No
(2017-2018)
and Intergovernmental Affairs)
vote
Resources
115th Congress
Frederick M. Nutt
Control er, Office of Federal Financial
Returned to the
Homeland Security and
Yes
(2017-2018)
Management, Office of Management and
Presidenta
Governmental Affairs
Budget
115th Congress
Brooks D. Tucker
Assistant Secretary of Veterans Affairs
Confirmed, voice
Veterans’ Affairs
Yes (Ranking
(2017-2018)
(Congressional and Legislative Affairs)
vote
Member)
115th Congress
Andrew K. Maloney
Deputy Under Secretary of the Treasury
Confirmed, voice
Finance
Yes (Chair)
(2017-2018)
vote
115th Congress
Stephen El iott Boyd
Assistant Attorney General
Confirmed, voice
Judiciary
Yes (Ranking
(2017-2018)
vote
Member)
114th Congress
Christopher E.
Assistant Secretary of Veterans Affairs
Returned to the
Veterans' Affairs
Yes (Chair)
(2015-2016)
O'Connor
(Congressional and Legislative Affairs)
Presidenta
114th Congress
Robert D. Reischauer
Member, Board of Trustees of the Federal
Returned to the
Finance
Yes (Chair)
(2015-2016)
Hospital Insurance Trust Fund
Presidenta
CRS-10

link to page 14 link to page 14 link to page 14 link to page 15 link to page 14 link to page 15 link to page 14 link to page 15 link to page 14 link to page 14 link to page 14
Senator
Requesting
Referral on

Final
Committee of
Committee of
Congress
Nominee
Position
Disposition
Jurisdiction
Jurisdiction?
114th Congress
Robert D. Reischauer
Member, Board of Trustees of the Federal
Returned to the
Finance
Yes (Chair)
(2015-2016)
Old-Age and Survivors Insurance Trust Fund
Presidenta
and the Federal Disability Insurance Trust
Fund
114th Congress
Robert D. Reischauer
Member, Board of Trustees of the Federal
Returned to the
Finance
Yes (Chair)
(2015-2016)
Supplementary Medical Insurance Trust Fund
Presidenta
114th Congress
Charles P. Blahous III
Member, Board of Trustees of the Federal
Returned to the
Finance
Yesb
(2015-2016)
Hospital Insurance Trust Fund
Presidenta
114th Congress
Charles P. Blahous III
Member, Board of Trustees of the Federal
Returned to the
Finance
Yesb
(2015-2016)
Old-Age and Survivors Insurance Trust Fund
Presidenta
and the Federal Disability Insurance Trust
Fund
114th Congress
Charles P. Blahous III
Member, Board of Trustees of the Federal
Returned to the
Finance
Yesb
(2015-2016)
Supplementary Medical Insurance Trust Fund
Presidenta
113th Congress
Peter Joseph Kadzik
Assistant Attorney General
Confirmed, 55-43 Judiciary
Yes (Ranking
(2013-2014)
Member)
113th Congress
Victoria Marie
Chief Financial Officer, Environmental
Returned to the
Environment and Public
Yes (Ranking
(2013-2014)
Baecher Wassmer
Protection Agency
Presidenta
Works
Member)
113th Congress
Peter Joseph Kadzik
Assistant Attorney General
Returned to the
Judiciary
Yes (Ranking
(2013-2014)
Presidenta
Member)
113th Congress
Leslie E. Bains
Director of the Securities Investor Protection
Returned to the
Banking, Housing, and Urban Yes
(2013-2014)
Corporation
Presidenta
Affairs
112th Congress
Alastair M. Fitzpayne
Deputy Under Secretary of the Treasury
Confirmed, voice
Finance
Yes
(2011-2012)
vote
Source: Congress.gov.
a. Under the provisions of Senate Rule XXXI, paragraph 6, of the standing rules of the Senate.
CRS-11


b. The request that Charles P. Blahous III’s nominations be referred to committee was made by one Senator who served on the committee of jurisdiction and two
who did not.


CRS-12

Consideration of Privileged Nominations in the Senate

Appendix. Privileged Nominations
Table A-1. Privileged Nominations
Listed by Senate Committee of Jurisdiction
Agriculture, Nutrition, and Forestry
Assistant Secretary for Congressional Relations, Department of
Chief Financial Officer, Department of Agriculture
Agriculture
Members (5), Board of Directors, Federal Agricultural Mortgage

Corporation
Armed Services
Assistant Secretary for Legislative Affairs, Department of Defense
Assistant Secretary of the Air Force for Financial
Management/Comptrol er
Chief Financial Officer, Department of Defense
Assistant Secretary of the Army for Financial
Management/Comptrol er
Assistant Secretary of the Navy for Financial

Management/Comptrol er
Banking, Housing, and Urban Affairs
Chief Financial Officer, Department of Housing and Urban
Assistant Secretary for Congressional and Intergovernmental
Development
Relations, Department of Housing and Urban Development
Members (6), Board of Directors, National Institute of Building
Members (3), Board of Directors, National Consumer
Sciences
Cooperative Bank
Directors (5), Securities Investor Protection Corporation
Members (13), Board of Directors, National Association of
Registered Agents and Brokers
Commerce, Science, and Transportation
Chief Financial Officer, National Aeronautics and Space
Assistant Secretary for Governmental Affairs, Department of
Administration
Transportation
Assistant Secretary for Legislative Affairs, Department of
Chief Financial Officer, Department of Transportation
Commerce
Chief Financial Officer, Department of Commerce
Members (3), Board of Directors, Metropolitan Washington
Airport Authority
Assistant Secretary for Administration, Department of Commerce Members (5), Advisory Board, St. Lawrence Seaway Development
Corporation
Energy and Natural Resources
Chief Financial Officer, Department of Energy
Assistant Secretary for Congressional and Intergovernmental
Affairs, Department of Energy
Chief Financial Officer, Department of the Interior
Federal Coordinator, Alaska Natural Gas Transportation Projects
Environment and Public Works
Members (9), Board of Trustees, Morris K. Udal Scholarship and
Chief Financial Officer, Environmental Protection Agency
Excellence in National Environmental Policy Foundation
Finance
Assistant Secretary for Legislation, Department of Health and
Chief Financial Officer, Department of Health and Human
Human Services
Services
Congressional Research Service
13

Consideration of Privileged Nominations in the Senate

Deputy Under Secretary/Assistant Secretary for Legislative
Chief Financial Officer, Department of the Treasury
Affairs, Department of the Treasury
Member (7), Board, Internal Revenue Service Oversight
Members (2), Board of Trustees, Federal Hospital Insurance Trust
Fund
Member (2), Board of Trustees, Federal Old Age and Survivors
Members (2), Board of Trustees, Federal Supplemental Medical
Fund
Insurance Trust Fund
Members (3), Advisory Board, Social Security
Commissioner, Administration for Children, Youth, and Families,
Department of Health and Human Services
Foreign Relations
Assistant Secretary for Legislative Affairs, Department of State
Members (8), Board of Directors, Overseas Private Investment
Corporation
Chief Financial Officer, Department of State
Assistant Administrator for Legislative and Public Affairs, U.S.
Agency for International Development
Chairman, Advisory Board for Cuba Broadcasting
Members (8), Advisory Board for Cuba Broadcasting
Members (7), Board of Directors, African Development
Commissioners (7), U.S. Advisory Commission on Public
Foundation
Diplomacy
Members (9), Board of Directors, Inter-American Foundation
Members (4), Board of Directors, Mil ennium Challenge
Corporation
Members (15), National Peace Corps Advisory Council

Health, Education, Labor, and Pensions
Chief Financial Officer, Department of Education
Chief Financial Officer, Department of Labor
Assistant Secretary for Legislation and Congressional Affairs,
Assistant Secretary for Congressional and Intergovernmental
Department of Education
Affairs, Department of Labor
Commissioner, Rehabilitation Services Administration,
Members (26), National Council on the Humanities
Department of Education
Members (15), Corporation for National and Community Service
Vice Chairman, Board of Directors, U.S. Institute of Peace
Chairman, Board of Directors, U.S. Institute of Peace
Members (8), Board of Trustees, Goldwater Scholarship
Members (10), Board of Directors, U.S. Institute of Peace
Members (6), Board of Trustees, Madison Fellowship
Members (8), Board of Trustees, Truman Scholarship
Members (18), National Council on the Arts
Members (11), Board of Directors, Legal Services Corporation

Homeland Security and Governmental Affairs
Chief Financial Officer, Department of Homeland Security
Control er, Office of Federal Financial Management, Office of
Management and Budget
Members (5), Federal Retirement Thrift Investment Board

Indian Affairs
Commissioner, Administration for Native Americans, Department
of Health and Human Services
Judiciary
Assistant Attorney General for Legislative Affairs, Department of
Members (11), Board of Directors, State Justice Institute
Justice
Members (2), Foreign Claims Settlement Commission

Congressional Research Service
14

Consideration of Privileged Nominations in the Senate

Veterans’ Affairs
Assistant Secretary for Congressional and Legislative Affairs,
Chief Financial Officer, Department of Veterans Affairs
Department of Veterans Affairs
Source: S.Res. 116, 112th Congress, P.L. 114-1, §202(a), and CRS analysis of privileged nominations data on
Congress.gov.
Congressional Research Service
15


Consideration of Privileged Nominations in the Senate

Figure A-1. Example of Privileged Nominations Section of the Senate Executive
Calendar


Congressional Research Service
16

Consideration of Privileged Nominations in the Senate



Author Information

Michael Greene

Analyst on Congress and the Legislative Process



Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
R46273 · VERSION 6 · UPDATED
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