Number: R40119
Title: Filling Advice and Consent Positions at the Outset of a New Administration
Authors: Henry B. Hogue, Analyst in American National Government; Maureen Bearden, Information Research Specialist; Betsy Palmer, Analyst on the Congress and Legislative Process 
Abstract: This report focuses on the processes, during a presidential transition, by which top-level executive branch PAS positions are filled. Outside of top White House staff appointments, these are a new President's earliest and arguably most important appointments. In the next section, the usual process is described in three stages: "Selection and Vetting", "Senate Consideration", and "Appointment". That section also provides examples of ways the Senate has adapted its procedures during recent presidential transitions. 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 final portion of the report provides additional information on the length of time required in the past to fill Cabinet positions and certain national-security-related subcabinet positions. This section provides related data for the last three party turnover transitions prior to 2008: Carter-Reagan (1980-1981), Bush- Clinton (1992-1993), and Clinton-Bush (2000-2001).
Pages: 38
Date: December 18, 2008