{ "id": "RL31980", "type": "CRS Report", "typeId": "RL", "number": "RL31980", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "summary": null, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=RL31980", "source_dir": "crsreports.congress.gov", "type": "CRS Report", "formats": [ { "sha1": "90c880bc1b29e72be30a8c213d1b150020aec87a", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/RL/RL31980/27", "filename": "files/2023-02-21_RL31980_90c880bc1b29e72be30a8c213d1b150020aec87a.pdf" }, { "format": "HTML", "filename": "files/2023-02-21_RL31980_90c880bc1b29e72be30a8c213d1b150020aec87a.html" } ], "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "source": "CRSReports.Congress.gov", "retrieved": "2023-03-25T04:06:11.256588", "date": "2023-02-21", "typeId": "RL", "id": "RL31980_27_2023-02-21", "active": true }, { "summary": null, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=RL31980", "source_dir": "crsreports.congress.gov", "type": "CRS Report", "formats": [ { "sha1": "1e8205efe9ac7be4b7631c919586ca04818eb781", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/RL/RL31980/25", "filename": "files/2021-05-13_RL31980_1e8205efe9ac7be4b7631c919586ca04818eb781.pdf" }, { "format": "HTML", "filename": "files/2021-05-13_RL31980_1e8205efe9ac7be4b7631c919586ca04818eb781.html" } ], "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "source": "CRSReports.Congress.gov", "retrieved": "2023-03-25T04:06:11.255491", "date": "2021-05-13", "typeId": "RL", "id": "RL31980_25_2021-05-13", "active": true }, { "source": "EveryCRSReport.com", "id": 596270, "date": "2019-04-04", "retrieved": "2019-04-17T13:47:41.707684", "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "summary": "Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States \u201cby and with the Advice and Consent of the Senate.\u201d This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure.\nCommittees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees \u201cunless otherwise ordered.\u201d Most nominations are referred, although a Senate standing order provides that some \u201cprivileged\u201d nominations to specified positions will not be referred unless requested by a Senator. The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action. It is more common for a committee to take no action on a nomination than to reject a nominee outright.\nThe Senate handles executive business, which includes both nominations and treaties, separately from its legislative business. All nominations reported from committee are listed on the Executive Calendar, a separate document from the Calendar of Business, which lists pending bills and resolutions. Generally speaking, the majority leader schedules floor consideration of nominations on the Calendar. Nominations are considered in \u201cexecutive session,\u201d a parliamentary form of the Senate in session that has its own journal and, to some extent, its own rules of procedure.\nThe Senate can call up a nomination expeditiously, because a motion to enter executive session to consider a specific nomination on the Calendar is not debatable. This motion requires a majority of Senators present and voting, a quorum being present, for approval. \nAfter a nomination has been called up, the question before the Senate is \u201cwill the Senate advise and consent to this nomination?\u201d A majority of Senators voting is required to approve a nomination. However, Senate rules place no limit on how long a nomination may be debated, and ending consideration could require invoking cloture. On April 6, 2017, the Senate reinterpreted Rule XXII in order to allow cloture to be invoked on nominations to the Supreme Court by a majority of Senators voting. This expanded the results of similar actions taken by the Senate in November 2013, which changed the cloture vote requirement to a majority for nominations other than to the Supreme Court. After the 2013 decision, the number of nominations subjected to a cloture process increased. \nOn April 3, 2019, the Senate reinterpreted Rule XXII again. The Senate reduced, from 30 hours to 2 hours, the maximum time nominations can be considered after cloture has been invoked. This change applied to all executive branch nominations except to high-level positions such as heads of departments, and it applied to all judicial nominations except to the Supreme Court and the U.S. Circuit Court of Appeals. The full impact of this change is difficult to assess at this time, but it is likely to shorten the time between a cloture vote and a vote on the nomination. If Senators respond as they did to the last reinterpretation of the cloture rule, it might also increase the number of nominations subjected to a cloture process. \nNominations that are pending when the Senate adjourns sine die at the end of a session or recesses for more than 30 days are returned to the President unless the Senate, by unanimous consent, waives the rule requiring their return (Senate Rule XXXI, clause 6). If a nomination is returned, and the President still desires Senate consideration, he must submit a new nomination.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/RL31980", "sha1": "3b154bd3db0a35b5a985c134a780299cbf8e6b64", "filename": "files/20190404_RL31980_3b154bd3db0a35b5a985c134a780299cbf8e6b64.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/RL31980", "sha1": "69efa4a5b5cbac2b1a01b01d9a63c93d649b5bce", "filename": "files/20190404_RL31980_69efa4a5b5cbac2b1a01b01d9a63c93d649b5bce.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4747, "name": "Senate Floor Procedure" }, { "source": "IBCList", "id": 4782, "name": "Executive & Judicial Branch Appointments" }, { "source": "IBCList", "id": 4808, "name": "Congressional Committee Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 586812, "date": "2017-04-11", "retrieved": "2018-10-26T13:36:44.973760", "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "summary": "Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States \u201cby and with the Advice and Consent of the Senate.\u201d This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure.\nThe vast majority of presidential appointees are confirmed routinely by the Senate. A regularized process facilitates quick action on thousands of government positions. The process also allows for lengthy scrutiny of candidates when necessary. Each year, a few hundred nominees to high-level positions are subject to Senate investigations and public hearings.\nCommittees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees \u201cunless otherwise ordered.\u201d Most nominations are referred, although a Senate standing order provides that some nominations to specified positions will not be referred unless requested by a Senator. The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action. It is more common for a committee to take no action on a nomination than to reject a nominee outright.\nThe Senate handles executive business, which includes both nominations and treaties, separately from its legislative business. All nominations reported from committee are listed on the Executive Calendar, a separate document from the Calendar of Business, which lists pending bills and resolutions. Generally speaking, the majority leader schedules floor consideration of nominations on the Calendar. Nominations are considered in \u201cexecutive session,\u201d a parliamentary form of the Senate in session that has its own journal and, to some extent, its own rules of procedure.\nThe question before the Senate when a nomination is called up is \u201cwill the Senate advise and consent to this nomination?\u201d Only a majority of Senators present and voting, a quorum being present, is required to approve a nomination. Senate rules place no limit on how long a nomination may be debated, and ending consideration could require invoking cloture. On April 6, 2017, the Senate reinterpreted Rule XXII in order to allow cloture to be invoked on nominations by a majority of Senators voting, including Supreme Court justice nominations. This expanded the results of similar actions taken by the Senate in November 2013, which changed the cloture vote requirement to a majority for nominations other than to the Supreme Court. In the absence of unanimous consent, bringing a nomination to a vote could still require a multi-day cloture process, but it no longer requires the support of three-fifths of the Senate (typically 60 Senators). A 113th Congress standing order that had reduced post-cloture consideration time for many nominations has expired. Now all nominations are subject to a maximum of 30 hours of consideration post-cloture.\nNominations that are pending when the Senate adjourns sine die or recesses for more than 30 days are returned to the President unless the Senate, by unanimous consent, waives the rule requiring their return (Senate Rule XXXI, clause 6). If a nomination is returned, and the President still desires Senate consideration, he must submit a new nomination to the Senate.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31980", "sha1": "3adfa06332e79a605d067bfdc48fe0fbc900b380", "filename": "files/20170411_RL31980_3adfa06332e79a605d067bfdc48fe0fbc900b380.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31980", "sha1": "f153faf72a1f046eef39b25a7d50b9d3df8598c3", "filename": "files/20170411_RL31980_f153faf72a1f046eef39b25a7d50b9d3df8598c3.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4747, "name": "Senate Floor Procedure" }, { "source": "IBCList", "id": 4782, "name": "Executive & Judicial Branch Appointments" }, { "source": "IBCList", "id": 4808, "name": "Congressional Committee Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 438960, "date": "2015-03-09", "retrieved": "2016-04-06T19:24:26.101385", "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "summary": "Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States \u201cby and with the Advice and Consent of the Senate.\u201d This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure.\nThe vast majority of presidential appointees are confirmed routinely by the Senate. A regularized process facilitates quick action on thousands of government positions. The process also allows for lengthy scrutiny of candidates when necessary. Each year, a few hundred nominees to high-level positions are subject to Senate investigations and public hearings.\nCommittees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees \u201cunless otherwise ordered.\u201d Most nominations are referred, although a Senate standing order provides that some nominations to specified positions will not be referred unless requested by a Senator. The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action. It is more common for a committee to take no action on a nomination than to reject a nominee outright.\nThe Senate handles executive business, which includes both nominations and treaties, separately from its legislative business. All nominations reported from committee are listed on the Executive Calendar, a separate document from the Calendar of Business, which lists pending bills and resolutions. Generally speaking, the majority leader schedules floor consideration of nominations on the Calendar. Nominations are considered in \u201cexecutive session,\u201d a parliamentary form of the Senate in session that has its own journal and, to some extent, its own rules of procedure.\nThe question before the Senate when a nomination is called up is \u201cwill the Senate advise and consent to this nomination?\u201d Only a majority of Senators present and voting, a quorum being present, is required to approve a nomination. Senate rules place no limit on how long a nomination may be debated, and ending consideration could require invoking cloture. In November 2013, the Senate reinterpreted Rule XXII in order to allow a majority of Senators voting to invoke cloture on nominations other than to the Supreme Court. In the absence of unanimous consent, bringing a nomination to a vote could still require a multi-day cloture process, but with the exception of Supreme Court Justices it no longer requires the support of three-fifths of the Senate (typically 60 Senators). A 113th Congress standing order that had reduced post-cloture consideration time for many nominations has expired. Now all nominations are subject to a maximum of 30 hours of consideration post-cloture.\nNominations that are pending when the Senate adjourns sine die or recesses for more than 30 days are returned to the President unless the Senate, by unanimous consent, waives the rule requiring their return (Senate Rule XXXI, clause 6). If a nomination is returned, and the President still desires Senate consideration, he must submit a new nomination to the Senate.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31980", "sha1": "5a233082b50b4e9c88a7610a246ef23efa73a69c", "filename": "files/20150309_RL31980_5a233082b50b4e9c88a7610a246ef23efa73a69c.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31980", "sha1": "7667c9fc58c35c9ee590ca0b48e7f4a23d4b10e2", "filename": "files/20150309_RL31980_7667c9fc58c35c9ee590ca0b48e7f4a23d4b10e2.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2153, "name": "Executive Branch Appointments" }, { "source": "IBCList", "id": 2155, "name": "Judicial Branch Appointments" }, { "source": "CongOpsList", "id": 4140, "name": "Senate Floor Proceedings" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc272087/", "id": "RL31980_2013Nov25", "date": "2013-11-25", "retrieved": "2014-02-03T19:46:03", "title": "Senate Consideration of Presidential Nominations: Committee and Floor Procedure", "summary": "This report describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. 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