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Friday, July 15, 2011

Presidential Appointments, the Senate’s Confirmation Process, and Proposals for Change, 112th Congress


Maeve P. Carey
Analyst in Government Organization and Management

Betsy Palmer
Analyst on Congress and the Legislative Process


The responsibility for populating top positions in the executive and judicial branches of government is one the Senate and the President share. The President nominates an individual, the Senate may confirm him, and the President would then present him with a signed commission. The Constitution divided the responsibility for choosing those who would run the federal government by granting the President the power of appointment and the Senate the power of advice and consent.

Several hundred people go through the appointments process each year. The pace of the appointment and confirmation processes has been the subject of a series of critical reports and proposals for change. Critics believe that the executive branch vetting, and/or the confirmation process in the Senate, is too long and difficult and discourages people from seeking government office. Others, however, contend that most nominations are successful, suggesting that the process is functioning as it should, and that careful scrutiny of candidates is appropriate.

Recently, a bipartisan group of several Senators crafted two measures they contend will make the process easier and quicker. S. 679, the Presidential Appointment Efficiency and Streamlining Act of 2011, would simply remove the requirement for Senate confirmation for certain nominees, leaving it to the President to choose the official. S.Res. 116, a resolution “to provide for expedited Senate consideration of certain nominations subject to advice and consent,” would establish a potentially faster Senate confirmation process for a second group of nominees.

The Senate has approved both measures. The Senate passed an amended version of S. 679, by a vote of 79-20, on June 29. The Senate agreed to an amended version of S.Res. 116, by a vote of 89-8, the same day. S. 679 has gone to the House for its consideration; the provisions of S.Res. 116 are now a standing order of the Senate and will take effect for nominations received after August 28, 2011.

This report provides a brief background on advice and consent issues, an overview of the appointment process in both the executive and legislative branches, and a brief discussion of recent concerns about the system. Next, the report explores the events in the 112th Congress leading up to the introduction and Senate action on S. 679 and S.Res. 116, and concludes with an analysis of the two measures.



Date of Report: July 8, 2011
Number of Pages: 28
Order Number: R41872
Price: $29.95

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