115th Congress CABINET NOMINATIONS UPDATE. May 15, t r o u t m a n s a n d e r s s t r a t e g i e s. c o m

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115th Congress CABINET NOMINATIONS UPDATE May 15, 2017 t r o u t m a n s a n d e r s s t r a t e g i e s. c o m

1 Contents Cabinet Confirmation Process Wrapping up in the Senate... 2 Secretary of State Rex Tillerson... 3 Secretary of Treasury Steve Mnuchin... 3 Secretary of Defense General James Mattis... 4 Attorney General Jeff Sessions... 4 Secretary of the Interior Ryan Zinke... 5 Secretary of Agriculture Sonny Perdue... 5 Secretary of Commerce Wilbur Ross... 6 Secretary of Labor Alexander Acosta... 6 Secretary of Health and Human Services Tom Price... 7 Secretary of HUD Ben Carson... 7 Secretary of Transportation Elaine Chao... 8 Secretary of Energy Rick Perry... 8 Secretary of Education DeVos... 9 Secretary of Veterans Affairs David Shulkin... 9 Secretary of Homeland Security John F. Kelly... 10 Director of the Office of Management and Budget Mick Mulvaney... 10 Administrator for the Environmental Protection Agency Scott Pruitt... 11 U.S. Trade Representative Robert Lighthizer... 11 Administrator for the Small Business Administration Linda McMahon... 12 Administrator for the CMS Seema Verma... 12 Commissioner of the FDA Scott Gottlieb... 13 Troutman Sanders Strategies... 14

2 Cabinet Confirmation Process Wrapping up in the Senate The 115 th 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. Thus far, the Senate has confirmed the majority of President Trump s cabinet. However, two cabinet positions, the Secretary for the Department of Agriculture and the Secretary for the Department of Labor, and one cabinet-level position, the United States Trade Representative, remain to be confirmed. Dozens of other high ranking administrations officials are also still pending confirmations. 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 Cabinet-level and other administration 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, May 15. Dates of confirmation hearings, committee votes and full Senate votes are subject to change.

3 Secretary of State Rex Tillerson The Senate voted to confirm Rex Tillerson to be the next Secretary of State by a vote of 56-43 on February 1. The Senate Foreign Relations Committee approved Tillerson s nomination as Secretary of State on January 23. That vote, 11-10, fell along party lines. Tillerson s nomination hearing occurred on January 11. 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 ultimately supported his nomination. Senate Democrats expressed 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. Secretary of Treasury Steve Mnuchin The Senate confirmed Steve Mnuchin to be the next Secretary of the Treasury on February 13 by a vote of 53-47. Senator Joe Manchin (R-WV) was the only Democrat to vote for Mnuchin. The Senate Finance Committee previously voted to advance Mnuchin s nomination on February 1 by a vote of 14-0. Democrats boycotted that committee vote. The Senate Finance Committee held a confirmation hearing for Mnuchin on January 19. Mnuchin s nomination also came 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.

4 Secretary of Defense General James Mattis 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. Attorney General Jeff Sessions The Senate confirmed Senator Sessions to be the next Attorney General by a vote of 52-47 on February 8. The Senate Judiciary Committee voted 11-9, along party lines, to forward his nomination to the full Senate on February 1. The committee held two days of confirmation hearings for the Senator over January 10-11. Sessions, a four-term senator from Alabama, became one of Trump s more contested nominations. Both Senate and House Democrats 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.

5 Secretary of the Interior Ryan Zinke On March 1, the Senate voted to confirm Rep. Ryan Zinke (R- MT) to be the next Secretary of the Interior by a vote of 68-31. The Senate Energy and Natural Resources Committee voted to advance Zinke s nomination by a vote of 16-6 on January 31. The committee held Zinke s confirmation hearing on January 17. Elected to the House of Representatives in 2014, Zinke was a rather non-controversial nominee and had the full support of Senate Republicans as well as 16 Senate Democrats. Zinke has promoted an all-of-the-above approach to energy policy and has said he is dedicated to preserving public lands. Zinke is now at the forefront of several important public land policy decisions, such as whether to allow energy development on public lands. Secretary of Agriculture Sonny Perdue On Monday, April 24, the Senate voted to confirm Sonny Perdue as the next Secretary of Agriculture by a vote of 97-11. The Senate Agriculture Committee advanced Sonny Perdue s nomination by voice vote (no recorded vote) on March 30. The Committee held a confirmation hearing on March 23. Sonny Perdue, the former Georgia Governor and cousin to sitting Senator David Perdue (R-GA), went through a relatively non-controversial confirmation process and had wide bipartisan support. 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.

6 Secretary of Commerce Wilbur Ross On February 27, the Senate voted 72-27 to confirm Wilbur Ross as the next Secretary of Commerce. The Senate Commerce, Science, and Transportation Committee advanced Ross s nomination by voice vote (no recorded vote) on January 24. The committee held Ross s nomination hearing on January 18. Ross, an economic and trade adviser to Trump during the campaign, was 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. Secretary of Labor Alexander Acosta On April 27, the Senate voted to confirm Alexander Acosta as the next Labor Secretary by a vote of 60-38. The Senate HELP committee advanced Alexander Acosta s nomination on March 30 by a vote of 12-11. The Committee held a confirmation hearing on March 22. Prior to his confirmation, Acosta was the dean of the law school at Florida International University, a former member of the National Labor Relations Board during President Bush s administration, and a former U.S. attorney for the southern district of Florida.

7 Secretary of Health and Human Services Tom Price The Senate voted to confirm Rep. Tom Price (R-GA) to be the next Secretary for the Health and Human Services Department by a vote of 52-47 in the early morning of February 10. The Senate Finance Committee previously advanced Price s nomination over a boycott from committee Democrats. On January 24, the Senate Finance Committee held a confirmation hearing for Price that was preceded by a courtesy hearing in the Senate Health, Education, Labor and Pensions Committee on January 18. 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. Secretary of HUD Ben Carson On February 2, the Senate voted to confirm Dr. Ben Carson as the next Secretary for Housing and Urban Development by a vote of 58-41. On January 24, the Senate Banking, Housing and Urban Affairs Committee advanced Carson s nomination by voice vote (no vote recorded). The committee held his confirmation hearing on January 12. The one-time political opponent of President Trump was confirmed with 7 Democratic votes along with 1 Republican abstention. Democrats initially had reservations about Carson s apparent lack of experience with housing issues.

8 Secretary of Transportation Elaine Chao The Senate confirmed Elaine Chao to be the next Secretary of Transportation by a vote of 93-6 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), 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. Secretary of Energy Rick Perry The Senate voted to confirm Rick Perry to be the next Secretary of Energy by a vote of 62-37 on March 2. The Senate Energy and Natural Resources Committee voted to advance Perry s nomination by a vote of 16-7 on January 31. The committee held Perry s confirmation hearing on January 19. Perry, who was the longest serving Governor of Texas in the state s history, won the support of 11 Senate Democrats. Democrats 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.

9 Secretary of Education DeVos The Senate confirmed Betsy DeVos to be the next Secretary of Education by a vote of 51-50 on February 7. Vice President Pence voted in favor to break a 50-50 tie. Senators Susan Collins (R-ME) and Lisa Murkowski (R- AK) voted with the chamber s 48 Democrats against DeVos. The Senate Health, Education, Labor, and Pensions (HELP) Committee voted to advance DeVos s nomination by a vote of 12-11 on January 31. The committee held a heated confirmation hearing on January 17. Democrat committee members grilled DeVos during her first confirmation hearing on her stance on charter schools, student voucher programs and her family s political contribution history. Secretary of Veterans Affairs David Shulkin The Senate voted to confirm David Shulkin to be the next Secretary of the Department of Veterans Affairs by a vote of 100-0 on February 13. The Senate Veterans Affairs Committee previously voted 15-0 to advance Shulkin s nomination on February 7. The committee held a confirmation hearing on February 1. David Shulkin was the 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.

10 Secretary of Homeland Security John F. Kelly 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. Director of the Office of Management and Budget Mick Mulvaney The Senate confirmed Rep. Mick Mulvaney (R-SC) to be the Director of the Office of Management and Budget on February 16 by a vote of 51-49. Senator John McCain (R-AZ) was the sole Republican to vote against Mulvaney. The Senate Homeland Security and Governmental Affairs Committee voted 8-7 and the Senate Budget Committee voted 12-11 to advance Rep. Mulvaney s nomination on February 2. On January 24, both the Senate Budget Committee and the Senate Homeland Security and Governmental Affairs Committee held confirmation hearings to consider his nomination. spending programs. Mulvaney is a founding member of the House Freedom Caucus and has advocated for cutting government spending. He faced resistance from Senate Democrats who feared cuts to domestic

11 Administrator for the Environmental Protection Agency Scott Pruitt The Senate voted to confirm Scott Pruitt to be the next Administrator of the EPA by a vote of 51-44 on February 17. The Senate Environment and Public Works Committee voted 11-0 to advance Pruitt s nomination. Committee Democrats boycotted the vote. The committee held his confirmation hearing on January 18. Pruitt, the former Attorney General for the state of Oklahoma, will 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." U.S. Trade Representative Robert Lighthizer On May 11, the Senate voted 81-15 to confirm Robert Lighthizer as the next U.S. Trade Representative. The Senate Finance Committee unanimously (26-0) advanced Lighthizer on Tuesday, April 25. The committee held a confirmation hearing for Lighthizer on March 14. Before approving his nomination, the Senate passed a waiver for Lighthizer to serve as the USTR due to his past work for a least one foreign government, which the Finance Committee unanimously approved. Lighthizer previously served as Deputy Trade Representative during the Reagan administration and has been an active trade lawyer since.

12 Administrator for the Small Business Administration Linda McMahon The Senate confirmed Linda McMahon to be the next Administrator for the Small Business Administration by a vote of 81-19 on February 14. The Senate Small Business and Entrepreneurship Committee advanced McMahon s nomination by a vote of 18-1 on January 31. The committee previously held a confirmation hearing for McMahon on January 24. Linda McMahon is the co-founder of the World Wrestling Entertainment Inc. and a former Senate candidate. McMahon fielded relatively friendly questions from both political parties during her confirmation hearing. Administrator for the CMS Seema Verma During the evening of March 13, the Senate voted to confirm Seema Verma to be the next Administrator for the Centers for Medicare & Medicaid Services by a vote of 55-43. The Committee held a confirmation hearing on February 16 Verma, who previously worked with Vice President Pence on Indiana s Medicaid program, will oversee expenditures of a trillion dollars per year at CMS. She also will be responsible for helping HHS Secretary Tom Price navigate implementation for any new health care plan congressional Republicans are able to pass through Congress.

13 Commissioner of the FDA Scott Gottlieb On Tuesday, May 9, the Senate confirmed Scott Gottlieb to be the next FDA Commissioner by a vote of 57-42. The Senate HELP Committee voted to advance Scott Gottlieb s nomination by a vote of 14-9 on April 27. The Senate HELP Committee held a confirmation hearing for Gottlieb on April 5. Gottlieb is a physician and a former FDA deputy commissioner. He also served in several other FDA and CMS positions during President George W. Bush s administration. He has been a member of ONC s Health IT Policy Committee since 2013. Additionally, he is a scholar at the American Enterprise Institute and has spoken extensively about lowering prescription drug prices by modernizing the agency s approval process and bringing cheaper generic drugs to the market.

14 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 to learn more about our practice and our professionals.