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 in the 112th Congress includes H.R. 59, the Sunset All Czars Act, and H.Con.Res. 3, expressing the Sense of Congress on “czars.” Section 2262 of P.L. 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, enacted on April 15, 2011, prohibits the use of funds to pay the salaries and expenses for the Director of the White House Office of Health Reform; Assistant to the President for Energy and Climate Change; Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy; and White House Director of Urban Affairs. On June 22, 2011, Senator David Vitter introduced an amendment (S.Amdt. 499) to S. 679, the Presidential Appointment Efficiency and Streamlining Act of 2011, that would have ended the appointments of presidential czars who have not been subject to the advice and consent of the Senate and prohibited the use of funds for any salaries and expenses for appointed czars. The amendment was not agreed to on a vote of 47-51 (Record No. 95) on June 23, 2011. Section 632 of H.R. 2434, the Financial Services and General Government Appropriations Act, 2012, as reported by the House Committee on Appropriations on July 7, 2011, would prohibit the use of funds to pay the salaries and expenses for the White House Director of the Office of Health Reform, or any substantially similar position; Assistant to the President for Energy and Climate Change, or any substantially similar position; Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, or any substantially similar position; and White House Director of Urban Affairs, or any substantially similar position. 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 in the 111th Congress 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 nonlegislative options for congressional consideration are presented. Table A-1 in the Appendix lists selected legislation introduced in the 111th and 112th Congresses that is related to the issues discussed in this report. This report will be updated as circumstances dictate.


Date of Report: July 19, 2011
Number of Pages: 87
Order Number: R40856
Price: $29.95

Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports

Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.