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Appointment confirmation process

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All presidential appointments requiringSenate confirmation (PAS) must follow theappointment 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 commissions also require confirmation.[1] Recent administrations have included approximately 1,200 PAS positions.[2][3][4] The full list of positions for each administration can be found in the correspondingUnited States Government Policy and Supporting Positions, commonly referred to as thePlum Book.[5]

Confirmation process

Nomination

See also:Advice and Consent

Before any nominations are made, the White House Office of Presidential Personnel vets a list of candidates, including suggestions provided by members ofCongress and special interest groups.[6] A chosen nominee then must pass through a series of investigations by theFederal Bureau of Investigation,Internal Revenue Service, the Office of Government Ethics and an ethics official from the agency to which the position is assigned.[6] The nominee must also fill out the Public Financial Disclosure Report and questionnaires related to his or her background check.

The process begins when the president provides a written nomination to theSenate, where it is read on the floor and assigned a number.[1] This starts the Senate's procedure of "Advice and Consent" laid out in Article II of theU.S. Constitution for the appointment of high ranking officials by the president.[1]

Committee hearings

The nomination is passed to the Senate committee with jurisdiction over the appointed position. Some PAS positions require a joint hearing of two or more committees.[1] Committee hearings allow a close examination of the nominee, looking for partisanship and views on public policy. They can also summon supporters and opponents to testify. Committees are permitted to conduct their own investigations into the nominees, as they are not always provided with the information gathered by the White House's investigation.[1][6] Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably or without recommendation.[1] They also have the option not to take action on the nominee. If action is taken, the committee notifies the executive clerk. The nomination is then given a number and added to the Executive Calendar of the Senate.[1]

Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee. Henry A. Wallace was confirmed by the Senate by a vote of 56-32 to become the secretary of commerce on March 1, 1945.[7][8]

Committee jurisdictions

The following table outlines jurisdiction of the Senate committees in terms of the presidential appointment confirmation process. The left column indicates the Senate committee, and the right indicates the federal departments and administrations over which the committee has jurisdiction.For more information on each committee, follow the link in the left column.

Jurisdictions of Senate committees in presidential appointment confirmation
U.S. Senate committeeJurisdiction[9]
Agriculture, Nutrition, and ForestryU.S. Department of Agriculture
Armed ServicesU.S. Department of Defense
Banking, Housing, and Urban AffairsU.S. Department of Housing and Urban Development
Securities and Exchange Commission
Heads of Federal Banking institutions (e.g., FDIC)
BudgetAll issues concerning the Budget (e.g., tax revenues, government expenditures)
Commerce, Science, and TransportationU.S. Department of Transportation
Federal Trade Commission
U.S. Department of Commerce
U.S. Department of Homeland Security's Under Secretary for Science and Technology
Federal Communications Commission
Energy and Natural ResourcesU.S. Department of Energy
U.S. Department of the Interior
U.S. Environmental Protection Agency
Environment and Public WorksOversight in any issue concerning the environment, public works, or federal buildings
FinanceU.S. Department of the Treasury
Social Security Administration
International Trade Commission
Foreign RelationsU.S. Department of State
International Monetary Fund
U.S. Agency for International Development
Peace Corps
Health, Education, Labor, and PensionsU.S. Department of Health and Human Services
U.S. Department of Education
U.S. Department of Labor
U.S. Food and Drug Administration
Homeland Security and Governmental AffairsU.S. Department of Homeland Security
U.S. General Services Administration
National Archives and Records Administration
Circuit and Appeals Courts of District of Columbia
United States Postal Service
Inspectors General of all departments
JudiciarySupreme Court
Circuit Courts
District Courts
U.S. Department of Justice
Rules and AdministrationRules of the Senate
General administration of congressional buildings
Smithsonian Institution
Botanic Gardens
Small Business and EntrepreneurshipSmall Business Administration
Veterans' AffairsU.S. Department of Veterans Affairs
U.S. Department of Labor's Assistant Secretary for the Veterans Employment and Training
Intelligence (Select)Central Intelligence Agency
U.S. Department of Treasury's Assistant Secretary for Intelligence Analysis
U.S. Department of Justice's Attorney General for National Security
Director of National Intelligence

Senate hearings

The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration.[1] Unanimous consent of the time and date for debate must be agreed upon by all senators.[6] If even one senator does not agree, ahold is placed on the nomination.[6]

Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.[10] If a nomination is left pending at the end of a Congress, it must be sent back to the president who can then re-submit the nomination to the new Congress.[1] The same procedure holds true with any nominee not considered before the Senate enters a recess of more than 30 days, unless there is unanimous consent to bypass the procedure.[6]

A Senate precedent change enacted in2025 allows the Senate to use a simple majority vote to move a bloc of certain types of executive nominations through this phase of the confirmation process. This rule does not apply to judicial or Cabinet-level positions.[11]

Presidential notification

Finally, the Senate's action on the nomination is sent to the president. All results are recorded in theCongressional Record.[1]

See also

External links

Footnotes

  1. 1.01.11.21.31.41.51.61.71.81.9CRS Report for Congress, "Senate Confirmation Process: An Overview," accessed July 24, 2013
  2. U.S. Government Publishing Office, "Plum Book 2012," accessed March 30, 2021
  3. U.S. Government Publishing Office, "Plum Book 2016," accessed March 30, 2021
  4. 2Washington Post, "Does the Senate really need to confirm 1,200 executive branch jobs?" accessed July 25, 2013
  5. Government Printing Office, "United States Government Policy and Supporting Positions (Plum Book) 2012," accessed July 23, 2013
  6. 6.06.16.26.36.46.5Congressional Research Service, "Presidential Appointments, the Senate's Confirmation Process, and Proposals for Change," accessed July 25, 2013
  7. Google Books, "Senate, 1789-1989: Historical Statistics, 1789-1992, Volume 4," accessed August 22, 2013 (Note: page 687)
  8. CQ Almanac, "Separation of Lending Agencies from Department of Commerce; Confirmation of Henry Wallace as Secretary of Commerce," accessed October 7, 2015
  9. OpenCongress, "U.S. Senate Confirmation Process," accessed January 17, 2015
  10. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 4, 2019
  11. The New York Times, "Breaking Precedent, G.O.P. Changes Rules on Nominees," September 12, 2025
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