9/11 Commission Recommendations: The Senate Confirmation Process for Presidential Nominees Page: 2 of 31
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9/11 Commission Recommendations: The Senate
Confirmation Process for Presidential Nominees
Summary
On July 22, 2004, the National Commission on Terrorist Attacks Upon the
United States, known as the 9/11 Commission, issued its final report, detailing the
events up to and including the September 11, 2001 terrorist attacks upon the United
States. The report contained 41 recommendations on ways to prevent future
catastrophic assaults, including a series of proposals designed to improve the
presidential appointments process as it relates to the top national security officials at
the beginning of a new administration. On October 6, the Senate passed legislation
(S. 2845) to implement many of the changes recommended by the 9/11 Commission.
The House on October 8 passed its version of the legislation (H.R. 10). Conferees
working out the differences between the two bills reported out a compromise on
November 20. Two other measures dealing with the 9/11 Commission's
recommendations (S. 2774 and H.R. 5040) were introduced in early September.
The 9/11 Commission recommended that the Senate adopt rules requiring
hearings and votes to confirm or reject national security nominees within 30 days of
their submission at the start of each new presidential administration. Implicit in the
proposal is the assumption that there is a problem with the process for nominating
and confirming presidential appointees. Analysis of Senate consideration of the
initial nominations by Presidents William J. Clinton and George W. Bush to the posts
covered by the recommendation shows that the commission's proposed timetable was
not met in 14 of the 49 cases, suggesting this is an issue in a minority of cases.
The Constitution gives the Senate a role in the presidential appointments
process, but the parameters of that role have never been clearly defined. The current
process is regulated by a mixture of formal rules and informal customs, as well as by
political interactions between the President and Senators. Implementing the
commission's proposal would presumably require instituting procedures that
guarantee committee consideration of each nomination, at least at a hearing, and a
final vote on each by the full Senate. Changes of this kind would involve new
restrictions on both the power of committee chairs to control the agenda of theircommittees and the rights of Senators to delay or block nominations through holds
and extended debate. These changes would likely also alter the relationship between
the legislative and executive branches, weakening the negotiating posture of the
Senate in relation to the President, particularly if they were to be extended to
additional nominations.
Procedures adequate to implement the commission's recommendation would
resemble an expedited procedure, such as those used in resolutions of approval and
disapproval of executive actions. Procedural changes of this kind could be achieved
by amending the Standing Rules of the Senate, changing the Standing Orders of the
Senate, passing a Constitutional Amendment enacting an expedited procedures
statute, or reaching a unanimous consent agreement.This report will be updated as events warrant.
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Palmer, Betsy. 9/11 Commission Recommendations: The Senate Confirmation Process for Presidential Nominees, report, November 22, 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs7850/m1/2/: accessed May 9, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.