	Introduction

The length of the appointment process during presidential transitions has been of concern to observers for more than 30 years. The appointment process is likely to develop a bottleneck during this time due to the large number of candidates who must be selected, vetted, and, in the case of positions filled through appointment by the President with the advice and consent of the Senate (PAS positions), considered by that body. The report then discusses processes—recess appointments and designations under the Federal Vacancies Reform Act of 1998—that could be used by the President to unilaterally fill positions on a temporary basis. The appointment process consists of three stages—selection and vetting, Senate consideration, and appointment. The Intelligence Reform Act also amended the Presidential Transition Act of 1963 (PTA). The Senate adopted a sense of the Senate resolution stating that the 30-day target should be the goal. Other nominations to Cabinet or top-level positions also have been approved by committees in advance of their actual submission. The comparisons found that, in general, transition-period Cabinet-level nominees were selected, vetted, considered, and confirmed expeditiously; they generally took office shortly after the new President's inauguration. Comparisons among the five transitions suggest that some Presidents announced their Cabinet-position selections sooner than did others, but that this did not appear to accelerate the pace of the overall appointment process. Comparisons among the median intervals for the five transitions suggest that (1) the time required for selection and vetting of nominees for these positions has grown longer; (2) the period of Senate consideration has also grown longer; (3) Senate consideration of a nomination was generally faster than the selection and vetting process that preceded it; and (4) the median durations of the appointment process for the George H.W. Bush, Clinton, George W. Bush, and Obama transitions were notably longer than for the Reagan transition. The graphs suggest, with regard to nominees to these subcabinet positions, the following: (1) the selection and vetting of these nominees grew longer over the course of the five transitions; (2) the selection and vetting process does not seem to have been shortened by the changes enacted in response to the recommendations of the 9/11 Commission; (3) the Senate consideration process grew longer over the course of the five transitions; (4) on average, the Senate consideration process makes up a shorter portion of the appointment process for these positions than does the selection and vetting process; and (5) the median length of the process from election to final disposition during the four later transitions was notably longer than it was during the Reagan transition. Appendix C. Transition Period Nominations to Selected Subcabinet Positions, 1981-2009
The length of the appointment processes during presidential transitions has been of concern to observers for more than 30 years. The process is likely to develop a bottleneck during this time due to the large number of candidates who must be selected, vetted, and, in the case of positions filled through appointment by the President with the advice and consent of the Senate (PAS positions), considered by that body.
The appointment process has three stages: selection and vetting, nomination and Senate consideration, and presidential appointment. Congress has taken steps to accelerate appointments during presidential transitions. In recent decades, Senate committees have provided for pre-nomination consideration of Cabinet-level nominations; examples of such actions are provided in this report. In addition, recently adopted statutory provisions appear designed to facilitate faster processing of appointments during presidential transitions. Among the new statutory provisions were those enacted by Congress in response to certain 9/11 Commission recommendations, mainly in the Intelligence Reform and Terrorism Prevention Act of 2004. Also part of this act was a sense of the Senate resolution stating that nominations to national security positions should be submitted by the President-elect to the Senate by Inauguration Day, and that Senate consideration of all such nominations should be completed within 30 days of submission.
The President has certain powers—constitutional recess appointment authority and statutory authority under the Federal Vacancies Reform Act of 1998—that he or she could, under certain circumstances, use unilaterally to fill PAS positions on a temporary basis.
Analyses of data related to Cabinet and selected subcabinet appointments during the last five transitions from 1981 through 2009 suggest the following: In general, transition-period Cabinet-level nominees were selected, vetted, considered, and confirmed expeditiously; they generally took office shortly after the new President's inauguration. Comparisons among the five transitions suggest that some Presidents announced their Cabinet-position selections sooner than did others, but that this did not appear to affect the pace of the overall appointment process. On average, the interval between election day and final disposition of nominations to selected subcabinet positions was more than twice as long as that of nominations to Cabinet-level positions, though nominees to subcabinet positions in some departments were faster than others. Comparisons among the median intervals for the five transitions suggest that (1) the time required for selection and vetting of nominees for these positions has grown longer; (2) the period of Senate consideration has also grown longer; (3) Senate consideration of nominations is generally faster than the selection and vetting process that precedes it; and (4) the median durations of the appointment process for the George H.W. Bush, Clinton, George W. Bush, and Obama transitions were notably longer than for the Reagan transition.