Never Ending Story: Gomez EBSA Vote May Happen This Week

Secretary of Labor

Image credit: © Mark Gomez | Dreamstime.com

A vote on the nomination of Lisa Gomez to be an Assistant Secretary of Labor could come this week, possibly as early as Tuesday, according to Senate Majority Leader Charles Schumer, D-N.Y. 

Lisa Gomez

The Insured Retirement Institute (IRI) announced late Monday that Schumer filed a procedural motion to expedite the final consideration of Gomez, the Biden Administration’s nominee to lead the Employment Benefits Security Administration (EBSA) within the DOL. 

“This effort could bring the Gomez nomination to the Senate floor sometime this week,” IRI spokesman Dan Zielinski said in a statement. “IRI will continue to monitor the situation and will provide updates as we learn more.”

According to the Senate schedule, “additional roll call votes are expected during Tuesday’s session in relation to the pending nominations.”

The White House announced in July that President Biden chose Gomez for the post, following Preston Rutledge, the last Senate-confirmed Assistant Secretary and, following Rutledge’s departure, Jeanne Klinefelter Wilson and Ali Khawar, who were acting assistant secretaries.

However, because the Senate failed to act before Congress adjourned last December, the Senate’s Health, Education, Labor, and Pensions (HELP) Committee HELP had to reapprove the Gomez nomination before sending it for full confirmation, according to the National Association of Plan Advisors.

Rutledge remarks

“From her background, [Gomez] is eminently qualified,” Former EBSA Assistant Secretary Rutledge explained in an interview at the NAPA 401(k) Summit in early April. “The EBSA position has always been senior-level, but something noncontroversial enough in the past. You put the nomination together with maybe two dozen other nominations in a unanimous consent motion in December or July. That’s how I got through.”

Preston Rutledge

Gomez was on the list for December, he added, “but all it takes is for one senator to object, and it’s not going to happen. It doesn’t mean the person can’t be confirmed; they have to have a floor vote.”

An indication of the atmosphere in Washington, polarizing topics like ESG encourage politicians to block nominees, which Rutledge said is often the only tool available to minority members. 

“It’s not about her or her qualifications; it’s just the nature of the beast.”

Gomez is a partner with New York City-based law firm Cohen, Weiss, and Simon LLP and the Firm’s Management Committee Chair.

If confirmed by the Senate, Gomez would likely play a key role in determining the regulatory approach for several significant, high-profile issues making headlines in the past year. They include changing the definition of fiduciary, ESG investing, cybersecurity guidance, and Missing participants.

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