Introduction

Over the past 20 years, a number of commissions and task forces have examined the process by which the President makes appointments to certain positions with the advice and consent of the Senate (PAS positions). Congress might elect to make these agency plans the basis for future decisions concerning the reduction of PAS positions. This report provides background information and analysis of issues concerning possible congressional action to reduce PAS positions. The last third of the report identifies potential congressional approaches to reducing the number of PAS positions, and analyzes the institutional and political considerations associated with each of these options. The Constitutional Framework for the Appointment of Officers of the United States

As part of its system of checks and balances, the Constitution provides a general framework for the appointment of officers of the United States:
[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The Senate confirmation process is centered at the committee level. V. Length of the Appointment Process

As discussed in the introduction to this report, some proponents of reducing the number of PAS positions have asserted that, over the last several decades, the appointment process has taken longer, and the number of PAS positions has grown, and that the longer process is due, in part, to the greater number of positions. Assessment of Expected Benefits of a Reduction in the Number of Advice and Consent Positions

Proponents of a reduction in the number of PAS positions have suggested that such a reduction would be expected to "yield a more efficient and more consistent performance of the Senate's confirmation responsibilities" and to reduce the overall the length of the appointment process. If the positions removed from PAS status were among those that involve significant investigations or hearings, their removal might result in shorter appointment times, on average. To a considerable extent, the Constitution gives Congress discretion over the determination of which officers will be subject to the advice and consent of the Senate, and which may be appointed by the President alone, the courts, or agency heads. What institutional and political considerations are relevant in the decision making process? It could be argued that the confirmation process, in general, provides the Senate with leverage during negotiations with the President over related and unrelated matters. Option 3: Establish a Military Base Closure-Type Procedure

Congress could establish an expedited, or "fast-track," procedure to facilitate the selection of PAS positions for reduction. Option 6: Distribute PAS Positions in Proportion to Agency Size

Congress also could approach the effort to reduce the number of PAS positions by attempting to distribute PAS positions in relation to the size of each agency. In addition, or instead, Congress might establish appointment notification requirements for newly converted positions.
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.