Presidential Appointments, the Senate's Confirmation Process, And
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Listing Agency Officials)
Report to the Administrative Conference of the United States PUBLIC IDENTIFICATION OF AGENCY OFFICIALS (LISTING AGENCY OFFICIALS) Final Report: November 13, 2019 Bobby Ochoa Attorney Advisor Administrative Conference of the United States This report was prepared for the consideration of the Administrative Conference of the United States. The opinions, views, and recommendations expressed are those of the author and do not necessarily reflect those of the members of the Conference or its committees, except where formal recommendations of the Conference are cited. † I am indebted to Matthew L. Wiener, ACUS Vice Chairman and Executive Director, and Reeve T. Bull, ACUS Research Director, for their careful review and helpful insight during the drafting process. I am also grateful for the valuable insights that Professor Anne Joseph O’Connell, Adelbert H. Sweet Professor of Law at Stanford University and ACUS Public Member, offered throughout the process. Professor O’Connell’s report to the Conference for the companion project Acting Agency Officials and Delegations of Authority provided helpful insights into related issues. I also appreciate Professor O’Connell’s review of this draft report, as well as the review of Professor Aaron L. Nielson, Associate Professor of Law at Brigham Young University’s J. Reuben Clark Law School and ACUS Public Member; Professor Nielson also serves as the Committee Chair for the ACUS Committee on Administration and Management, which considered this project and the companion project. ACUS Legal Intern Darrell E. White II, a law student at Cornell Law School, provided valuable research assistance and other contributions to Part IV. Many government officials generously took time out of their busy schedules to speak with me about the existing government publications and other relevant topics, for which I am very grateful. -
Presidential Appointments Primer
2021 NALEO Presidential Appointments Primer 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER America’s Latinos are strongly committed to public service at all levels of government, and possess a wealth of knowledge and skills to contribute as elected and appointed officials. The number of Latinos in our nation’s civic leadership has been steadily increasing as Latinos successfully pursue top positions in the public and private sectors. Throughout their tenure, and particularly during times of transition following elections, Presidential administrations seek to fill thousands of public service leadership and high-level support positions, and governing spots on advisory boards, commissions, and other bodies within the federal government. A strong Latino presence in the highest level appointments of President Joe Biden’s Administration is crucial to help ensure that the Administration develops policies and priorities that effectively address the issues facing the Latino community and all Americans. The National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund is committed to ensuring that the Biden Administration appoints qualified Latinos to top government positions, including those in the Executive Office of the President, Cabinet-level agencies, sub-Cabinet, and the federal judiciary. This Primer provides information about the top positions available in the Biden Administration and how to secure them through the appointments process. 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER 2 2021 NALEO Presidential Appointments Primer TABLE OF CONTENTS BACKGROUND 4 AVAILABLE POSITIONS AND COMPENSATION 5 HOW TO APPLY 8 TYPICAL STEPS 10 In the Presidential Appointments Process NECESSARY CREDENTIALS 11 IS IT WORTH IT? 12 Challenges and Opportunities Of Presidential Appointments ADVOCACY & TECHNICAL ASSISTANCE 13 For Latino Candidates & Nominees 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER 3 BACKGROUND During the 1970’s and 1980’s, there were very few Latinos considered for appointments in the federal government. -
The Collision of Institutional Power and Constitutional Obligations: the Use of Blue Slips in the Judicial Confirmation Process
The Collision of Institutional Power and Constitutional Obligations: The Use of Blue Slips in the Judicial Confirmation Process Ryan C. Black Michigan State University Ryan J. Owens University of Wisconsin Anthony J. Madonna University of Georgia The authors would like to thank Mitchell Sollenberger for making his data available. Additional thanks to Ryan Bakker, Jamie Carson and Richard Vining for helpful comments. Abstract In recent years, judicial nominations to lower federal courts have been blocked privately by negative blue slips returned by home state senators. We examine the conditions under which senators return these negative blue slips and whether judicial qualifications can mitigate the possible negative effects of ideological distance. We discover two results. First, consistent with existing work, ideology plays a strong role in blue slipping. Second, and more important, we find that nominee qualifications mitigate ideological extremism--but only for district court nominees. That is, while past presidents could nominate well-credentialed ideologues to the circuit courts of appeals and see them confirmed, today’s presidents cannot. In short, if presidents nominate ideologues--even those who are well qualified--to circuit courts, we will continue to observe lengthy vacancies and bitter nomination struggles between the president and Congress over those important courts. 1 Former Supreme Court Justice Louis Brandeis once stated about government: “Sunlight is said to be the best of disinfectants” (Brandeis 1913). While few would argue with the normative premise behind Brandeis's comment, many consequential policy decisions occur in private. Perhaps nowhere is the deviation from transparency-in-government more profound than in nomination politics, where the Senate's most unique institutional power (to defeat measures via obstruction) intersects with its most unique constitutional power (advice and consent) and can thwart the goals of nominating presidents. -
What's Behind All Those Judicial Vacancies Without Nominees?
April 2013 What's Behind all Those Judicial Vacancies Without Nominees? Russell Wheeler ast week, Senate Judiciary Committee ranking member Charles Grassley (R-IA), said “we hear a lot about the vacancy rates. There are currently 86 Lvacancies for federal courts. But of course, you never hear the President mention the 62 vacancies that have no nominee. That is because those 62 vacancies represent nearly 75 percent of the total vacancies.” This brief paper, after noting the considerable power that home state senators have over judicial nominations, reports that: • Considerably fewer of the vacancies without nominees on April 12, Russell Wheeler is a 2013, could reasonably be expected to have had nominees by then, Visiting Fellow in the Brookings Institution’s based on patterns in the previous two administrations. Governance Studies Program and President of • Of the vacancies without nominees, almost half are in states with two the Governance Institute. Republican senators, and those vacancies are older than those in other Data for this report come from the Administrative states. Office of the U. S. Courts Judicial Vacancies • There are many more nominee-less vacancies now than at this point in Webpage, the Federal President George Bush’s presidency. Judicial Center Federal Judicial Biographical • Of the vacancies that have received nominations, the time from Directory, and my own data set. I welcome corrections. vacancy to nomination was greater in states with two Republican senators. • Although it is difficult to apportion responsibility for the number and age of nominee-less vacancies and the longer times from vacancy to nomination, we should consider a specific proposal for more transparency about pre-nomination negotiations that might produce more nominations, more quickly. -
GAO-13-299R, Characteristics of Presidential Appointments That Do
United States Government Accountability Office Washington, DC 20548 March 1, 2013 The Honorable Thomas R. Carper Chairman The Honorable Tom Coburn Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable Darrell E. Issa Chairman The Honorable Elijah E. Cummings Ranking Member Committee on Oversight and Government Reform House of Representatives Subject: Characteristics of Presidential Appointments that do not Require Senate Confirmation On August 10, 2012, the President signed into law the Presidential Appointment Efficiency and Streamlining Act of 2011 (Streamlining Act of 2011).1 The act eliminated the need for the Senate to vote on 163 executive nominations, converting them to presidentially appointed positions.2 The act required GAO to report to Congress and the President on positions in executive agencies that require appointment by the President without Senate confirmation (PA). As agreed, in discussions with your offices about our scope, the objective of this review was to describe the characteristics of executive branch PA positions in existence prior to the implementation of the Streamlining Act of 2011. Specifically, we describe the numbers, types (e.g., members of commissions, councils, advisory boards, etc.), responsibilities, locations, dates established, length of terms, and salaries, as well as common characteristics among the presidentially appointed positions and how they differ from other types of positions. Based on available Office of Personnel Management (OPM) data, we also provide information on the total number of staff employed by the entities with presidentially appointed positions. We provided a briefing of this summary to the Senate Committee on Homeland Security and Governmental Affairs and House Committee on 1Pub. -
Constitution Over Comity: Toward Ensuring That the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules Michael C
Santa Clara Law Review Volume 58 | Number 2 Article 3 8-3-2018 Constitution Over Comity: Toward Ensuring that the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules Michael C. Macchiarola Follow this and additional works at: https://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Michael C. Macchiarola, Constitution Over Comity: Toward Ensuring that the Senate's Advice and Consent Power Does Not "Take a Seat" to the Opportunistic Use of Senate Rules, 58 Santa Clara L. Rev. 295 (2018). Available at: https://digitalcommons.law.scu.edu/lawreview/vol58/iss2/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. CONSTITUTION OVER COMITY: TOWARD ENSURING THAT THE SENATE’S ADVICE AND CONSENT POWER DOES NOT “TAKE A SEAT” TO THE OPPORTUNISTIC USE OF SENATE RULES Michael C. Macchiarola* TABLE OF CONTENTS Introduction .............................................................................296 I. The Senate’s Advice and Consent Power ..............................298 A. The Constitutional Basis of the Appointments Clause ............................................................................. 299 B. The Purpose of the Appointments Clause ................. 302 II. The Tradition of Senate Decorum ........................................304 A. Jefferson’s Contribution .......................................... 304 B. Senate Comity is Tested ........................................... 307 C. Stricter Guidelines for Senate Decorum – The Introduction of Rule XIX ...................................... 309 D. Invocations of Rule XIX .......................................... 309 E. Recent Rule XIX Forbearance .................................. 313 F. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance. -
Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 114Th Congress
Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 114th Congress Jared C. Nagel Senior Research Librarian Michael Greene Senior Research Librarian November 28, 2017 Congressional Research Service 7-5700 www.crs.gov R45028 Presidential Appointments to Full-Time Positions Summary The President makes appointments to positions within the federal government, either using the authorities granted by law to the President alone or with the advice and consent of the Senate. This report identifies all nominations during the 114th Congress that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are covered in other Congressional Research Service (CRS) reports. Information for each agency is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each agency. Additional summary information across all agencies covered in the report appears in an appendix. During the 114th Congress, the President submitted 43 nominations to the Senate for full-time positions in independent agencies, agencies in the EOP, multilateral agencies, and legislative branch agencies. Of these 43 nominations, 22 were confirmed, 5 were withdrawn, and 16 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 174.1 days elapsed between nomination and confirmation. -
Senate Consideration of Presidential Nominations: Committee and Floor Procedure Name Redacted Specialist on Congress and the Legislative Process
Senate Consideration of Presidential Nominations: Committee and Floor Procedure name redacted Specialist on Congress and the Legislative Process March 9, 2015 Congressional Research Service 7-.... www.crs.gov RL31980 Senate Consideration of Presidential Nominations: Committee and Floor Procedure Summary Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States “by and with the Advice and Consent of the Senate.” This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. The vast majority of presidential appointees are confirmed routinely by the Senate. A regularized process facilitates quick action on thousands of government positions. The process also allows for lengthy scrutiny of candidates when necessary. Each year, a few hundred nominees to high-level positions are subject to Senate investigations and public hearings. Committees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees “unless otherwise ordered.” Most nominations are referred, although a Senate standing order provides that some nominations to specified positions will not be referred unless requested by a Senator. The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action. -
History, Rules & Precedents Senate Republican Conference
History, Rules & Precedents of the Senate Republican Conference THE 116 TH CONGRESS Chairman John Barrasso blank HISTORY, RULES & PRECEDENTS of the SENATE REPUBLICAN CONFERENCE Table of Contents Preface ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1 Rules of the Senate Republican Conference ....... ....... ....... ....... ....... ....... ....... ....... ....... ....2 A Service as Chairman or Ranking Minority Member ...... ...... ...... ...... ...... ...... ...... ...... 4 B Standing Committee Chair/Ranking Member Term Limits ...... ...... ...... ...... ...... ...... ...... 4 C Limitations on Number of Chairmanships/ Ranking Memberships ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 4 D Indictment or Conviction of Committee Chair/Ranking Member ....... ....... ....... .......5 ....... E Seniority ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 5....... ....... ....... ...... F Bumping Rights ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5 G Limitation on Committee Service ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ...5 H Assignments of Newly Elected Senators ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5 Supplement to the Republican Conference Rules ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 6 Waiver of seniority rights ..... -
GPO-PLUMBOOK-2008.Pdf
RReverseCov_249C.inddeverseCov_249C.indd 1 111/10/081/10/08 112:09:192:09:19 PPMM COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS JOSEPH I. LIEBERMAN, Connecticut, Chairman CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico CLAIRE MCCASKILL, Missouri JOHN WARNER, Virginia JON TESTER, Montana JOHN E. SUNUNU, New Hampshire MICHAEL L. ALEXANDER, Staff Director BRANDON L. MILHORN, Minority Staff Director and Chief Counsel TRINA DRIESSNACK TYRER, Chief Clerk PATRICIA R. HOGAN, GPO Detailee and Publications Clerk VerDate Aug 31 2005 09:14 Nov 06, 2008 Jkt 040210 PO 00000 Frm 00004 Fmt 1651 Sfmt 1651 E:\HR\OC\C210PL.XXX C210PL rmajette on PRODPC74 with MISCELLANEOUS FOREWORD Every four years, just after the Presidential election, the ‘‘United States Government Policy and Supporting Positions,’’ commonly known as the Plum Book, is published, alternately, by the Senate Committee on Home- land Security and Governmental Affairs and the House Committee on Over- sight and Government Reform. This publication contains data (as of September 1, 2008) on over 7,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal Government that may be subject to noncompetitive appointment (e.g., positions such as agency heads and their immediate subordinates, policy executives and advisors, and aides who report to these officials). The duties of many such positions may involve advocacy of Administration policies and programs and the incumbents usu- ally have a close and confidential working relationship with the agency head or other key officials. -
Survey of Space-Related Political Appointees and Offices in the U.S. Government
CENTER FOR SPACE POLICY AND STRATEGY SPACE AGENDA 2021 SURVEY OF SPACE-RELATED POLITICAL APPOINTEES AND OFFICES IN THE U.S. GOVERNMENT Robin Dickey and Colleen Stover This chapter discusses the connection between political appointees and policymaking for space by exploring the universe of appointees that make space-related decisions and support both development and implementation of the president’s policy on space issues. The departmental space offices, space policy advisory group in the White House, space-focused political appointees, and appointees with influence over space alongside a larger portfolio all contribute to the context and content of space policy, and are analyzed here. This analysis explores key factors for consideration and choices made by past administrations in order to demonstrate the breadth of options facing the new administration and potential consequences following each choice. Introduction Before any new administration can implement its space policy and strategy, it must select who will be responsible for developing and implementing it. The wide range of commercial, civil, and military applications of space technology have led to the development of stakeholders and offices relating to space in many different departments and agencies across the U.S. government. The political appointments that touch upon space within these agencies are diverse and widely distributed. This chapter discusses the connection between political appointees and policymaking for space. It starts with a survey of the offices and organizations that have direct space responsibilities. The next section uses four dimensions to discuss the makeup of advisory groups that inform space policy decisions and shape the narrative that goes to the president, and also provides an overview and short evaluation of past administration choices regarding formulation of national space policy.