Delaying Presidential appointments does not mean the nominee may not work in the office they seek in an official capacity without Congressional approval... pending confirmation. There are two other ways they may be lawfully installed without Congress's consent as follows:
1.A recess appointment..., by making a recess appointment during an intrasession recess, a President could fill a position not just for the rest of that year, but until near the end of the following year. In practice, this has meant that a recess appointment could last for almost two years. see: Recess Appointments: Frequently Asked Questions (congress.gov)
2. The Federal Vacancies Reform Act of 1998 (Vacancies Act) The Vacancies Act generally limits the amount of time that a vacant advice-and-consent position may be filled by an acting officer. Section 3346 provides that a person may serve “for no longer than 210 days beginning on the date the vacancy occurs,” or, “once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.” These two periods are generally understood to run independently and concurrently. Consequently, the submission and pendency of a nomination allow an acting officer to serve beyond the initial 210-day period. See R44997.pdf (fas.org)
Hence any hold on Senate Confirmation is illusionary... BS... more hype than fact. I don't like politicians that mislead the public. If Biden wants his nominee to function in an appointed office he has two ways to rig the system... the Recess Appointment and the Federal Vacanccy Act make a mockery out of Senate Approval.
When the first or second nomination is rejected by the Senate, withdrawn, or returned to the president, a new 210-day clock starts. This means that an acting official can serve well over a year under the FVRA if there is a nomination pending for the position. aee Understanding the Federal Vacancies Reform Act (senate.gov)
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Delaying Presidential appointments does not mean the nominee may not work in the office they seek in an official capacity without Congressional approval... pending confirmation. There are two other ways they may be lawfully installed without Congress's consent as follows:
1. A recess appointment..., by making a recess appointment during an intrasession recess, a President could fill a position not just for the rest of that year, but until near the end of the following year. In practice, this has meant that a recess appointment could last for almost two years. see: Recess Appointments: Frequently Asked Questions (congress.gov)
2. The Federal Vacancies Reform Act of 1998 (Vacancies Act) The Vacancies Act generally limits the amount of time that a vacant advice-and-consent position may be filled by an acting officer. Section 3346 provides that a person may serve “for no longer than 210 days beginning on the date the vacancy occurs,” or, “once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.” These two periods are generally understood to run independently and concurrently. Consequently, the submission and pendency of a nomination allow an acting officer to serve beyond the initial 210-day period. See R44997.pdf (fas.org)
Hence any hold on Senate Confirmation is illusionary... BS... more hype than fact. I don't like politicians that mislead the public. If Biden wants his nominee to function in an appointed office he has two ways to rig the system... the Recess Appointment and the Federal Vacanccy Act make a mockery out of Senate Approval.
P/S
When the first or second nomination is rejected by the Senate, withdrawn, or returned to the president, a new 210-day clock starts. This means that an acting official can serve well over a year under the FVRA if there is a nomination pending for the position. aee Understanding the Federal Vacancies Reform Act (senate.gov)
It's about time!
This Senator is not giving you the ... full picture on Senate confirmations or lack thereof... for Presidential appointments.
I'm so very glad I voted for this man
Ditto, Janet!