{ "id": "R41872", "type": "CRS Report", "typeId": "REPORTS", "number": "R41872", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 413111, "date": "2012-10-09", "retrieved": "2016-04-06T23:53:51.551768", "title": "Presidential Appointments, the Senate\u2019s Confirmation Process, and Changes Made in the 112th Congress", "summary": "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. \nSeveral hundred people go through the appointments process each year. Prior to the adoption of the measures discussed in this report, there were approximately 1,200-1,400 positions in the executive branch requiring the Senate\u2019s advice and consent. 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. \nDuring the 112th Congress, a bipartisan group of Senators crafted two measures they contend will make the appointment process easier and quicker. Both measures were adopted. \nP.L. 112-166, the Presidential Appointment Efficiency and Streamlining Act of 2011, removed the requirement for Senate confirmation for appointees to 163 positions, authorizing the President alone to appoint certain officials. Originally introduced into the Senate in March 2011 as S. 679, the Senate passed an amended version of the bill by a vote of 79-20 on June 29, 2011. The House of Representatives passed the Senate\u2019s version of the bill under suspension of the rules on July 31, 2012. President Barack Obama signed the bill into law on August 10, 2012. Parts of the act took effect immediately, and other parts took effect on October 9, 2012, 60 days after its enactment.\nP.L. 112-166 contains two major provisions. The first eliminated the requirement for the Senate\u2019s advice and consent on nominations to 163 positions in the executive branch. This provision of the law took effect on October 9, 2012. Members who supported the bill during its consideration have stated that the reduction in the number of positions subject to the Senate\u2019s advice and consent will ease the Senate\u2019s workload on processing nominations. \nThe second major provision of P.L. 112-166 established a working group to examine the appointments process. The working group is required to write two reports that are expected to generate a number of recommendations. The first, which is required to be submitted by November 8, 2012, is to make recommendations on how to streamline the collection of paperwork required of nominees. The second report, which is required to be submitted by May 3, 2013, is to examine whether the background investigations currently conducted of nominees can or should be improved. \nS.Res. 116, a resolution \u201cto provide for expedited Senate consideration of certain nominations subject to advice and consent,\u201d established a potentially faster Senate confirmation process for nominees to an additional 272 positions. On June 29, 2011, the Senate agreed to an amended version of S.Res. 116, by a vote of 89-8. The provisions of S.Res. 116 are now a standing order of the Senate and took effect for nominations received after August 28, 2011.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41872", "sha1": "9d5d38ccfde02aa4806bbc98807163d49ad28c69", "filename": "files/20121009_R41872_9d5d38ccfde02aa4806bbc98807163d49ad28c69.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41872", "sha1": "6feb5cab7cf2fcbdc46c4202ce239ab8facc7845", "filename": "files/20121009_R41872_6feb5cab7cf2fcbdc46c4202ce239ab8facc7845.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc98005/", "id": "R41872_2011Jun17", "date": "2011-07-17", "retrieved": "2012-08-21T08:46:06", "title": "Presidential Appointments, the Senate's Confirmation Process, and Proposals for Change, 112th Congress", "summary": "The responsibility for populating top positions in the executive and judicial branches of government is shared, with the President having the power of appointment and the Senate having the power of advice and consent. 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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110717_R41872_c0bec09fd9088d9ec07540db05a6d843be5336d6.pdf" }, { "format": "HTML", "filename": "files/20110717_R41872_c0bec09fd9088d9ec07540db05a6d843be5336d6.html" } ], "topics": [ { "source": "LIV", "id": "Presidential appointments", "name": "Presidential appointments" }, { "source": "LIV", "id": "Advice and consent of the Senate", "name": "Advice and consent of the Senate" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" }, { "source": "LIV", "id": "Congress", "name": "Congress" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc98004/", "id": "R41872_2011Jul08", "date": "2011-07-08", "retrieved": "2012-08-21T08:46:06", "title": "Presidential Appointments, the Senate's Confirmation Process, and Proposals for Change, 112th Congress", "summary": "The responsibility for populating top positions in the executive and judicial branches of government is shared, with the President having the power of appointment and the Senate having the power of advice and consent. 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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110708_R41872_7ed754c70c3db1d4ec3061817b60750223f080f6.pdf" }, { "format": "HTML", "filename": "files/20110708_R41872_7ed754c70c3db1d4ec3061817b60750223f080f6.html" } ], "topics": [ { "source": "LIV", "id": "Presidential appointments", "name": "Presidential appointments" }, { "source": "LIV", "id": "Advice and consent of the Senate", "name": "Advice and consent of the Senate" }, { "source": "LIV", "id": "Presidents", "name": "Presidents" }, { "source": "LIV", "id": "Congress", "name": "Congress" } ] } ], "topics": [ "Environmental Policy", "Intelligence and National Security" ] }