Committee Procedures for Executive Nominations

Committee Procedures for Executive Nominations
Author: Daniel Duffy
Publisher:
Total Pages:
Release: 1994
Genre: Connecticut
ISBN:

Discusses statutes and rules governing legislative confirmation of nominees for department heads and for a description of the Committee on Executive and Legislative Nominations procedures to hear and confirm nominees.

Senate Consideration of Presidential Nominations

Senate Consideration of Presidential Nominations
Author:
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

Article II, Section 2 of the Constitution provides that the President shall appoint officers of the United States "by and with the Advice and Consent of the Senate." This report, which will be updated as warranted, describes the process by which the Senate provides advice and consent on presidential nominations, including receipt and referral of nominations, committee practices, and floor procedure. The vast majority of presidential appointees are confirmed routinely by the Senate. A regularized process facilitates quick action on thousands of government positions. The process also allows for lengthy scrutiny of candidates when necessary. Each year, a few hundred nominees to high-level positions are subject to Senate investigations and public hearings. Committees play the central role in the process through investigations and hearings. Senate Rule XXXI provides that nominations shall be referred to appropriate committees "unless otherwise ordered." The Senate rule concerning committee jurisdictions (Rule XXV) broadly defines issue areas for committees, and the same jurisdictional statements generally apply to nominations as well as legislation. A committee often gathers and reviews information about a nominee either before or instead of a formal hearing. A committee considering a nomination has four options. It can report the nomination to the Senate favorably, unfavorably, or without recommendation, or it can choose to take no action at all. It is more common for a committee to fail to take action on a nomination than to reject a nominee outright. The Senate handles executive business, which includes both nominations and treaties, separately from its legislative business. All nominations reported from committee are listed on the Executive Calendar, a separate document from the Calendar of Business, which lists pending bills and resolutions. Generally speaking, the majority leader schedules floor consideration of nominations on the calendar. Nominations are considered in "executive session," a parliamentary form of the Senate in session that has its own journal and, to some extent, its own rules of procedure. The question before the Senate when a nomination is called up is "will the Senate advise and consent to this nomination?" Only a majority of Senators present and voting, a quorum being present, is required to approve a nomination. Because nominations are vulnerable to filibusters, however, stronger support may be necessary. Cloture may be invoked to bring debate on a nomination to a close. Nominations that are pending when the Senate adjourns or recesses for more than 30 days are returned to the President unless the Senate, by unanimous consent, waives the rule requiring their return (Senate Rule XXXI, clause 6). If a nomination is returned, and the President still wants a nominee considered, he must submit a new nomination to the Senate.

Senate Standing Committees' Rules on Legislative Activities and Executive Business

Senate Standing Committees' Rules on Legislative Activities and Executive Business
Author: Congressional Research Congressional Research Service
Publisher: CreateSpace
Total Pages: 92
Release: 2014-12-19
Genre:
ISBN: 9781505877007

Senate Rule XXVI directs Senate committees to adopt rules of procedure and publish them in the Congressional Record by March 1 of the first year of a new Congress. A committee's rules must be "not inconsistent" with the Senate's rules. Committee rules, even if they have not been amended, must be revalidated in each Congress as provided in Rule XXVI. Committee rules cover a variety of subjects-from meeting dates to quorums to processing nominations. Some Senate rules that are reflected in committees' rules must be followed, such as the rule that requires a majority of a committee to be physically present to report a measure or matter. Other committee rules, such as those concerning the relationship between a committee and its subcommittees, are largely within the discretion of each committee to design. From a chair's perspective, a committee's rules authorize the chair to act on a variety of matters. However, the rules might provide the chair with a different authority for each matter. A chair might be able to act on his or her own authority on one matter but need the concurrence of the ranking minority member on another matter. In one instance, a chair may be able to act quickly, but in another instance the chair might be required to give notice prior to taking an action. Each committee's rules have evolved distinctively, and different degrees of discretion or limitation in each committee's rules govern each action that a chair might take. From the minority's perspective, a committee's rules govern the minority's role in agenda setting, decision making, and procedural prerogatives. Committees' rules vary in what role they provide the minority in selecting witnesses, placing matters on the agenda, forming a quorum, bringing a matter to a vote, authorizing subpoenas, and so on. From an individual committee member's perspective, a committee's rules allocate authority between the chair and ranking minority member and between the chair and the committee's members. In many rules, the chair, or the chair with the concurrence of the ranking minority member, may make decisions, such as reducing the notice of a meeting or waiving other requirements in the committee's rules related to holding a meeting. In other rules, decisions may be made only by action of the committee. Just as in the Senate, many actions in committees are taken by unanimous consent. Unanimous consent may allow some or many committee rules to be set aside. It might also be used to create ad hoc procedures that accommodate committee members on a particular piece of legislation or for a specific meeting or to facilitate a committee's conduct of business. Before agreeing to unanimous consent, a committee member might wish to understand the specific committee rules and committee member prerogatives being set aside. In cataloguing and comparing the breadth of 113th Congress committee rules on legislative and executive business, this report provides the reader with a guide to the variety of committee rules. This report will be updated during the 114th Congress.

Robert's Rules of Order Newly Revised, 12th edition

Robert's Rules of Order Newly Revised, 12th edition
Author: Henry M. Robert III
Publisher: PublicAffairs
Total Pages: 848
Release: 2020-08-25
Genre: Business & Economics
ISBN: 9781541736696

The only current authorized edition of the classic work on parliamentary procedure--now in a new updated edition Robert's Rules of Order is the recognized guide to smooth, orderly, and fairly conducted meetings. This 12th edition is the only current manual to have been maintained and updated since 1876 under the continuing program established by General Henry M. Robert himself. As indispensable now as the original edition was more than a century ago, Robert's Rules of Order Newly Revised is the acknowledged "gold standard" for meeting rules. New and enhanced features of this edition include: Section-based paragraph numbering to facilitate cross-references and e-book compatibility Expanded appendix of charts, tables, and lists Helpful summary explanations about postponing a motion, reconsidering a vote, making and enforcing points of order and appeals, and newly expanded procedures for filling blanks New provisions regarding debate on nominations, reopening nominations, and completing an election after its scheduled time Dozens more clarifications, additions, and refinements to improve the presentation of existing rules, incorporate new interpretations, and address common inquiries Coinciding with publication of the 12th edition, the authors of this manual have once again published an updated (3rd) edition of Robert's Rules of Order Newly Revised In Brief, a simple and concise introductory guide cross-referenced to it.

Congressional Record

Congressional Record
Author: United States. Congress
Publisher:
Total Pages: 1462
Release: 1972
Genre: Law
ISBN:

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)