Four Types of Presidential Appointments Presidential Appointments Requiring Senate Confirmation (PAS) These are top-level, senior positions that include the heads of most major agencies This includes cabinet secretaries, agency leadership at the Deputy Secretary, Under Secretary, and Assistant Secretary levels, the heads of most independent agencies, …
Mar 10, 2021 · (Bloomberg) --The Senate confirmed Merrick Garland as U.S. attorney general, filling a major position in President Joe Biden’s cabinet and ushering in a new era at the Justice Department. The 70-30 vote Wednesday in the evenly divided Senate reflected substantial Republican support for Garland, who pledged to make decisions and pursue investigations …
Dec 01, 2020 · Other positions in the White House or in departments and agencies are Presidential appointments without Senate confirmation. Candidates for all of these senior positions must submit to meticulous scrutiny of their professional, political, financial and personal backgrounds by Biden transition team or (after Biden takes office) White House ...
All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by administration, it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and ...
Article II, Section 2 empowers the president to nominate and—“by and with the Advice and Consent of the Senate”—to appoint principal officers such as department heads as well as subordinate ones such as deputies. The process of the president’s nomination of Cabinet secretaries, and the Senate’s confirmation of them, ...
At this writing, the Senate has rejected only nine of a president’s Cabinet nominations. Four were made by embattled Whig-turned-Independent John Tyler in 1843 and 1844, including choices for secretary of war and treasury secretary.
Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative. Republican leadership decided to adhere to a Senate tradition ...
In some circumstances not normally associated with a new president’s initial Cabinet appointments, the president may fill vacancies in executive branch positions temporarily. One way is through a recess appointment.
The Congressional Research Service, which studies and analyzes legislative matters for members of the Senate and House, breaks it down this way: First, the White House selects a prospective appointee and sends a formal nomination to the Senate. Second, the Senate determines whether to confirm the nomination.
Members of Congress and other interested parties may recommend candidates for executive branch positions. However, a president or president-elect isn’t bound by such recommendations, according to the Congressional Research Service, whose recent reports on the confirmation process provide the basis for this article.
The Office of Government Ethics is available to guide a candidate through the paperwork. The FBI typically does a background check and submits a report. The Office of Government Ethics, along with an ethics official from the relevant agency, reviews the financial disclosures.
There are two avenues to serving in the Executive Branch — through a career position or through a non-career position. This guide focuses on non-career, political appointments. Career positions are civil service positions that have a more traditional application process, listings for these positions can be found at usajobs.gov.
The United States Government Policy and Supporting Positions, or Plum Book, is used to identify presidentially appointed positions within the federal government. The 2016 Plum Book is available here and some updated information for a 2020 Plum Book is available here.
ACS is building a database of talented lawyers who have demonstrated a commitment to ACS’s mission of protecting our democracy and the public interest and for improving people’s lives.
Before the inauguration, President Biden will announce certain senior White House appointments as well as his intent to nominate people to senior cabinet positions. The Biden transition team will vet candidates for these positions. The President will announce appointments and nominations to other senior positions after he takes office. At that point, the White House Counsel's Office and the Office of Presidential Personnel will oversee the vetting.
These questionnaires now must be completed online and are extremely detailed (the SF-86 is more than 120 pages). Government background investigators, often the FBI, will use these forms to conduct a background investigation, which will include interviews with friends and associates of the nominee.
The authors are lawyers in the Washington, DC, office of Arnold & Porter. John Bellinger served as the Senate-confirmed Legal Adviser for the Department of State in the George W. Bush Administration and co-founded Republican National Security Officials for Biden.
For Presidential appointments requiring Senate confirmation, after nomination by the President, the White House transmits the nomination to the Senate, which then takes the following steps: Committee process.
Confirmation hearing and vote. Generally, the committee will have a public hearing on the nomination at which time the nominee will testify and answer questions. The nominee will need to prepare a short written and oral statement and must carefully prepare before testifying.
Experienced counsel can assist a potential nominee with several aspects of the process, including answering accurately the background and disclosure forms, navigating the ethics requirements, testifying in the Senate, and preparing to respond to any negative information.
A review can identify and allow the candidate to prepare to counter any such counterfeit vulnerabilities. If this vetting identifies any relevant issues, the candidate can assess how best to address them, which could include remedial tax filings, pre-emptive disclosures, outreach or other actions.
All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by administration, it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and ...
The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration. Unanimous consent of the time and date for debate must be agreed upon by all senators. If even one senator does not agree, a hold is placed on the nomination.
PAs appointed to commissions, councils, committees, boards, and foundations typically serve as advisors in some capacity. They may be assigned some degree of responsibility for evaluating or even creating their organization's policy and direction.
Most PAs are not actually paid a salary. According to the GAO 2013 report, 99% of all PAs—those serving as advisors to commissions, councils, committees, boards, and foundations—are either not compensated at all or are paid a daily rate of $634 or less only while serving.
PAs in the Executive Office of the President (EOP) often directly support the president by providing advisory and administrative assistance. They might be expected to advise the president on a wide range of areas, including foreign relations, U.S. and international economic policy, and homeland security.
The responsibilities of PAs serving directly in federal agencies and departments are the most diverse. Some may be assigned to assist presidential appointees in positions that require Senate approval, while some may serve as U.S. representatives to United Nations organizations.
To date, nine nominations to the cabinet have been rejected by the Senate. In addition, 18 nominations or near nominations have been withdrawn, either by the president or by the person chosen. President John Tyler holds the record for most cabinet nominees rejected by the Senate; four of his nominees failed to win confirmation.
Roger B. Taney. In 1833, President Andrew Jackson used a recess appointment to name Roger B. Taney, who was serving as United States Attorney General, as the United States Secretary of the Treasury. Jackson wanted Taney to help him dismantle the Second Bank of the United States. He helped Jackson draft a statement on the veto of the bank's renewal, ...
In 1959, President Dwight D. Eisenhower nominated Lewis Strauss as Secretary of Commerce in a recess appointment. Strauss had made enemies in the Senate during his tenure as Chair of the United States Atomic Energy Commission. Strauss lost the confirmation vote, 49–46. In July 1959, Strauss resigned.
Clinton nominated Anthony Lake to become the Director of Central Intelligence in December 1996. He withdrew in March 1997, after questioning by the United States Senate Intelligence Committee turned contentious.
Clinton nominated Hershel Gober to become the United States Secretary of Veterans Affairs in 1997. When it became clear that the United States Senate Committee on Veterans' Affairs intended to use the confirmation hearings "to explore circumstances surrounding the exoneration of Mr. Gober after he was accused of sexual misconduct in 1993," Clinton withdrew the nomination.
Representative John Ratcliffe to replace Coats.
President John Tyler nominated Caleb Cushing for Secretary of the Treasury. Tyler had a contentious relationship with the Senate over his vetos of legislation, and the Senate refused to confirm Cushing for this office on March 3, 1843.