Consideration of Privileged Nominations in the Senate (CRS Report for Congress)
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| Release Date |
Revised Jan. 23, 2023 |
| Report Number |
R46273 |
| Report Type |
Report |
| Authors |
Michael Greene |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Privileged nominations are a subset of presidentially appointed and Senate-confirmed positions that are eligible for consideration under procedures established by S.Res. 116 (112th Congress, 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 2019, the Senate has considered 467 privileged nominations, and there have been 22 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.
