The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight

Barbara L. Schwemle
Analyst in American National Government

Todd B. Tatelman
Legislative Attorney

Vivian S. Chu
Legislative Attorney

Henry B. Hogue
Analyst in American National Government

A number of the appointments made by President Barack Obama to his Administration or by Cabinet Secretaries to their departments have been referred to, especially by the news media, as "czars." For some, the term is being used to quickly convey an appointee's title (e.g., climate "czar") in shorthand. For others, it is being used to convey a sense that power is being centralized in the White House or certain entities. When used in the political-science literature, the term generally refers to White House policy coordination or an intense focus by the appointee on an issue of great magnitude. Congress has taken note of these appointments; several Members have introduced legislation or sent letters to President Obama to express their concerns. Legislation introduced includes H.Amdt. 49 to H.R. 3170; H.R. 3226; H.R. 3569; H.Con.Res. 185; H.R. 3613; H.Res. 778; S.Amdt. 2440 to H.R. 2996; S.Amdt. 2498 to H.R. 2996; S.Amdt. 2548 to S.Amdt. 2440 to H.R. 2996; and S.Amdt. 2549 to H.R. 2996. The Senate Subcommittee on the Constitution of the Committee on the Judiciary, and the Senate Committee on Homeland Security and Governmental Affairs conducted hearings on the "czar" issue on October 6, 2009, and October 22, 2009, respectively. A summary of the hearings is included in this report. 

One issue of interest to Congress may be whether some of these appointments (particularly some of those to the White House Office), made outside of the advice and consent process of the Senate, circumvent the Constitution. A second issue of interest may be whether the activities of such appointees are subject to oversight by, and accountable to, Congress. 

This report provides brief background information and selected views on the role of some of these appointees and discusses selected appointments in the Obama Administration. Additionally, it discusses some of the constitutional concerns that have been raised about presidential advisors. These include, for example, the kinds of positions that qualify as the type that must be filled in accordance with the Appointments Clause, with a focus on examining a few existing positions established by statute, executive order, and regulation. The report also reviews certain congressional oversight processes and assesses the applicability of these processes to presidential advisors. Legislative and non-legislative options for congressional consideration are presented. Table A-1 in the Appendix lists selected legislation introduced in the 111th Congress that is related to the issues discussed in this report.


Date of Report: March 24, 2010
Number of Pages: 84
Order Number: R40856
Price: $29.95

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