The Appropriate Number of Advice and Consent Positions: An Analysis of the Issue and Proposals for Change (CRS Report for Congress)
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| Release Date |
March 14, 2005 |
| Report Number |
RL32212 |
| Report Type |
Report |
| Authors |
Henry B. Hogue, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
This report provides background information and analysis of issues concerning possible congressional action to reduce the number of positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). Among other topics, the report discusses the constitutional framework that guides congressional action in this area, identifies potential congressional options, and analyzes associated institutional and political considerations.
The Constitution provides Congress with considerable discretion over which officers of the United States will be in PAS positions, and which may be appointed by the President alone, the courts, or agency heads. At present, more than 2,000 high-level officials across the three branches are appointed by the President with the advice and consent of the Senate. The appointment process includes presidential selection and nomination, Senate consideration, and formal presidential appointment.
In general, the number of PAS positions has grown and the appointment process has gotten longer over the last three decades. It is not clear, however, that the larger number is responsible for the lengthier process. Other factors, such as stricter vetting requirements, also play a role. Proponents of a reduction in the number of PAS positions have suggested that it might lead to an improvement in the efficiency and performance of the Senate confirmation process and to a decrease in the length of the appointment process, but this will probably be the case only if the positions removed from PAS status are those for which appointments consume the most time. Some argue that removing advice and consent requirements from such positions might have undesirable political and institutional consequences for Congress.
A recently enacted provision directs each federal agency head to submit a PAS position reduction plan to the President and Congress. Congress might elect to make these plans the basis for future decisions concerning the reduction of PAS positions. Alternative options for Congress include maintaining the status quo; creating a commission to make recommendations for reductions of PAS positions; establishing a "fast track" procedure for these reductions; reducing the number of positions by category or function; distributing PAS positions in proportion to agency size; and delegating reduction choices to committees of jurisdiction. In lieu of maintaining PAS status for certain positions, Congress might continue to influence the appointment process by legislatively establishing qualifications or notification requirements for appointments to those positions.
Congressional action on PAS positions would involve a number of institutional and political considerations. For example, participation in the appointment process through advice and consent gives Senators influence over the selection of nominees and facilitates obtaining testimony from appointees during oversight hearings. In addition, the confirmation process arguably provides the Senate with leverage during negotiations with the President over unrelated matters. This report will be updated as warranted by events.
