As the Trump administration’s new political appointees assume their roles with big policy goals in mind, chief human capital officers and assistant secretaries for management will be essential partners in implementing the new agenda.
Officials in these roles are responsible for their agency’s operations and their most important resource: the workforce. These jobs are never easy, but even less so in times of presidential transition, which is why the Partnership for Public Service has published guides each transition cycle to support new and seasoned leaders in these roles. These guides offer recommendations for CHCOs and ASAMs during a transition, including:
Establish a strong relationship and rapport with your agency leadership. As secretaries, deputy secretaries and undersecretaries start their new roles, look for ways to demonstrate the problem-solving capacity of your office. Position yourself to be an ally and strategic partner early on.
Understand the vision and priorities of the administration that will be carried out by your secretary and your deputy secretary. This information will influence how you drive the department’s strategic priorities and support regular program delivery. This knowledge will also help you build positive relationships by framing your interactions and advice in a way that resonates with the new leaders.
Outline and define your role through conversations with leadership. Delineating responsibilities and establishing decision-making channels and communication rhythms will enable you to offer clear directions for those under your supervision.
Brief appointees effectively and early. As new leaders get oriented, consider the order, pacing and presentation of the information you share. Outline the most pressing issues so that appointees are prepared to make early decisions on the issues that matter. Tailor your briefings to the appointees’ stated priorities, their preferences for receiving information and their levels of prior government experience.
Build bridges between political appointees and the career workforce. Whether new to the role or a holdover, a career employee or political appointee, ASAMs and CHCOs serve as critical links between the senior political leadership and the rest of the agency. Fostering trust and good relationships between political and career leaders will accelerate an appointee’s understanding of how things really get done and set a tone for productive working relationships during the administration.
Full guides with detailed recommendations specific to the ASAM and CHCO roles can be downloaded here and here. Guides for new secretaries and deputy secretaries can also be found at this link.
New secretaries and deputy secretaries for the incoming Trump administration will be taking on staggeringly large responsibilities. With tasks so great, where should they start?
The Partnership for Public Service publishes guides each transition cycle to support these leaders as they begin their new roles.
As the top leaders of agencies, secretaries and deputy secretaries must become familiar with the inner workings of their organizations and be ready to act rapidly and decisively as soon as they are confirmed by the Senate. These guides provide a list of starting tasks to help officials do just that by learning about their agencies, quickly building strong relationships and forming their teams. The guides provide recommendations for these leaders including:
Establishing and getting to know your team is the first order of business. Create a trusted group of advisors that includes both political appointees and senior career civil servants. Each will provide critical insights and institutional knowledge to inform decisions. Make sure you also reach out to representatives from every corner of the agency to cultivate understanding of and influence over all the workings of your department.
Don’t neglect career leaders in this process. You and all your fellow political appointees are new to the job. You bring plenty of expertise, but embracing the knowledge and skills of the career workforce will expedite your learning process and allow you to make desired changes quickly and effectively.
Set clear goals and the culture for your agency upfront. In consultation with the White House and your agency leadership team, refine your early agenda and plans for implementation during the first 100 days. While much of this work may have begun during the transition period, remain flexible and adapt to new information as you get to know your agency better. Communicate your goals – and the steps needed to achieve them – to the entire agency, as appropriate, so that all involved understand their new direction and responsibilities.
Establish working rhythms and communication expectations early. Define and communicate your decision-making style to your new colleagues. Determine the roles, responsibilities and meeting cadences you want for your team members and ensure that everyone understands their specific functions. Be prepared for push-back from those who resist adapting to significant changes and ensure you have a system for resolving disputes.
Continue to learn about your agency. Request briefings from department heads and subject matter experts to expand on the information you received during the transition. Don’t forget to meet with the officials responsible for operational functions, including HR, technology, finance, acquisition, performance and budgeting. Don’t neglect external stakeholders and set meetings with outside subject matter experts, business leaders, media organizations, local officials and other interest groups involved with your agency’s work.
Full guides with detailed recommendations specific to the secretary and deputy secretary roles can be downloaded here and here. Stay tuned for further information on guides for human capital and management officials to be shared in the next week!
Every four years, Inauguration Day has served as a symbol of our country’s strong democracy and commitment to a smooth transfer of power. On Jan. 20, President-elect Donald Trump will be sworn in for the second time on the West Front Terrace of the Capitol, a tradition started over 30 years ago by President Ronald Reagan.
Reagan’s first inauguration
Since George Washington’s ceremony, inaugurations have symbolized our democracy with an ever-growing list of traditions surrounding the event. However, it was Reagan, the movie star turned politician, whose infusion of Hollywood theatrics into public events receives credit for the modern-day spectacle.
On the eve of his inauguration, then President-elect Reagan met with Frank Sinatra to launch ABC’s All-Star Inaugural Gala, an event Sinatra also planned for President John F. Kennedy in 1961. In Sinatra’s own words, Reagan’s gala was “the greatest collection of talent America could offer to any audience.”
The inaugural ball was a tradition started in 1809 by James Madison. Although subsequent presidents have expanded the number of balls held on Inauguration Day, none did so more than Reagan, who hosted nine inaugural balls. Reagan joked, “If we get in and out of each one of the parties in 10 minutes, it will only take us 4 1/2 hours.”
Reagan’s festivities cost $16 million and at the time was the most expensivein history.
Planning inaugurations
The Presidential Inaugural Committee and the Joint Congressional Committee on the Inauguration are responsible for organizing Inaugural events. Both receive support from the General Service Administration’s inaugural support team and various law enforcement agencies.
The Presidential Inaugural Committee is a nonprofit organization whose staff is chosenby the incoming administration and is responsible for the planning and execution of most inaugural activities including parades, fireworks and inaugural balls.
The Joint Congressional Committee leads the planning and execution of the Inaugural Day events, including the swearing-in and subsequent luncheon. In 1901, the House and Senate agreed on a joint resolution leading to the creation of the committee which is comprised of three senators and three House members selected by the President of the Senate and the Speaker of the House, respectively.
Funding inaugurations
Inaugurations are funded through a combination of taxpayer money, private donations, and ticket and merchandise sales. Ticket prices and ceremonial benefits vary with each administration. As outlined by the Trump administration, individuals who donate $1 million or raise $2 million can expect benefits to include access to “high profile speakers,” dinners with the president-elect and vice president-elect, and tickets to the inaugural balls.
The Presidential Inaugural Committee must report any donation of $200 or more to the Federal Election Commission within 90 days after the inauguration. Individual administrations have imposed different restrictions on who they can accept donations from. The Biden team, for instance, banned contributions from the fossil fuel industry and registered lobbyists in 2021.
Taxpayer funds also play a role. The Joint Congressional Committee for the 2025 inauguration received $3.675 million through the Further Consolidated Appropriations Actof 2024. Congress also appropriated funding to reimburse state and local governments that contribute security, planning and sanitation support.
The last inauguration ceremony for Biden was notable given many of the in-person celebrations were replaced with virtual events due to the COVID-19 pandemic. In contrast, Trump’s second inauguration is set to be the most expensive in history and will witness a return to the large gatherings and traditional events.
This piece was originally written by Carter Hirschhorn and updated by Ryan Martinage, an intern with the Center for Presidential Transition.
The president’s Cabinet secretaries are among the most important and public-facing leaders within any administration. Unlike White House staff members who can be appointed unilaterally by the president, Cabinet secretaries must go through the Senate confirmation process.
President-elect Donald Trump’s Cabinet secretary nominees began their confirmation hearings this week.
To understand historical precedents and how Trump’s pace through the process compares with his predecessors, we examined trends across the last five presidential administrations. Three key themes emerge from this analysis:
Trump has set a historic pace in naming his initial slate of candidates for Cabinet secretary positions. By the time he named a nominee for each Cabinet department, his most recent predecessors had named just two or fewer nominees.
So far, the Senate has scheduled Trump’s nominees for confirmation hearings at a pace on par with Presidents George W. Bush and Barack Obama, and at a rate faster than President Joe Biden.
Confirmation of the Cabinet secretaries was much slower for Biden and Trump than for George W. Bush or Barack Obama during their first terms. This is in part due to increased procedural hurdles faced by the nominees to reach confirmation.
Announcements
Trump made personnel announcements at a historic pace in the days following his electoral victory. This was particularly true for Cabinet secretary positions. Trump named all 15 Cabinet secretary nominees before Obama or George W. Bush had named one.
Biden, Trump 1 and Obama all roughly kept pace with each other in naming Cabinet secretaries. However, Biden and Trump 1 took longer to announce their last two to three secretaries. Biden did not make his final announcement until Jan.7, while Trump made his on Jan.18 of his first term. This is approximately 50 days later than Trump made his most recent announcements.
George W. Bush was delayed due to the lengthy determination of his 2000 election victory. He named his first Cabinet secretary three days after Vice President Al Gore conceded and he named his entire Cabinet within 17 days of his first announcement, only six days shy of the pace set by Trump last year.
Note: Denotes time to announcement of first candidate for all Cabinet secretary positions. Presidents Trump, Obama and George W. Bush had announced candidates withdraw. There were only 14 Cabinet secretaries requiring confirmation at the time of the Bush inauguration.
Speed is not the only important metric, however. Transition teams typically conduct comprehensive vetting on prospective nominees, including requiring financial disclosure paperwork and FBI background investigations, before making public announcements. This prevents embarrassment for both nominees and presidents-elect. Historically, presidents tend to have at least one Cabinet secretary nominee that decides to withdraw from the process after increased vetting by the press or the Senate. Biden stood out in this regard as none of his nominees withdrew.
President Trump’s transition team was three months late in starting the background investigation process with the Department of Justice. Presidential candidates typically sign a first agreement with DOJ in early September of an election year to initiate clearances for agency review team members, and another agreement after the election that focuses on background investigations for nominees. The Trump team did not sign an agreement with DOJ until December 3. Consequently, background checks were not complete for Trump’s nominees before their announcement and three Senate confirmation hearings have been delayed so far while the committees of jurisdiction wait to receive the results of the background check and other relevant paperwork.
Confirmation Hearings
Once nominations are made and a new Senate session begins, the next step in the process is for nominees to undergo additional vetting, background checks and paperwork before the relevant committees of jurisdiction schedule formal confirmation hearings. Traditionally, a new Congress convenes around Jan. 3, with confirmation hearings for nominees starting in the week or two after the commencement of the new session.
Trump in his first term and George W. Bush had the most hearings prior to Inauguration Day with 12 hearings. They were followed closely by Obama with 11 nominee hearings before Jan.20.
Currently, Trump is about on pace with his predecessors, as nine confirmation hearings have been scheduled in the week prior to his inauguration. One has been scheduled for the day after the inauguration and the remaining five will likely be scheduled after Trump is sworn in.
The time it takes presidents to get a hearing for each Cabinet secretary nominee has varied significantly, in part due to differences in the number of nominees that dropped out of the process. Obama’s nominees took the longest, with hearings finishing in late March. He had three announced candidates withdraw during this period.
Biden stands out from his contemporaries. Despite making announcements about as quickly as Trump and George W. Bush during their first terms, and having none of his announced candidates withdraw, Biden’s nominees did not complete hearings until Feb. 23. Contributing factors included Trump’s refusal to acknowledge the 2020 election results, the Jan. 5 Georgia Senate run-off election, difficulties negotiating and navigating a power sharing agreement in an evenly divided Senate and the second Trump impeachment trial.
Note: Denotes time to first confirmation hearing for all Cabinet secretary positions. Chart marks hearings for President-elect Trump’s nominees as of Jan. 15, 2025. President Obama’s nominee for the Secretary of Health and Human Services, Tom Daschle, had a hearing, but was not confirmed. Obama and George W. Bush only had 14 nominees that needed confirmation hearings because Obama kept Robert Gates as defense secretary and there were only 14 Cabinet secretaries requiring confirmation at the time of the Bush inauguration.
Confirmations
After nominees have had their hearings, Senate committees will vote on whether to move the nominations to the Senate executive calendar. At this point, the Senate can initiate a final vote on a Cabinet secretary nominee.
George W. Bush and Obama had a high level of success in getting their nominees confirmed in the early days of their administrations. Bush had seven nominees confirmed on Inauguration Day, while Obama had six. By Feb.1, Bush had his entire Cabinet confirmed. Obama had 11 confirmed by Feb. 2, but then hit a stalemate, largely due to candidate withdrawals.
Biden and Trump 1 faced a slower rate of confirmations. By Feb. 1, Biden and Trump 1 only had three and four Cabinet secretaries confirmed, respectively. It took more than two months for all of Biden’s Cabinet secretaries to be confirmed. Trump’s initial slate of nominees who did not withdraw took over three months to be confirmed.
Note: Denotes time to first confirmation for all Cabinet secretary positions. Presidents Obama and George W. Bush only had 14 nominees that needed Senate confirmation.
Biden’s and Trump’s nominees waited an average of 21and 27 days between their hearings and confirmation, respectively. The delays in part resulted from increased procedural barriers placed on their nominees. Unlike their predecessors, most of Biden’s and Trump’s nominees had to go through the cloture process and every nominee required a recorded final vote in order to be confirmed. The new Senate majority will have to devote more floor time for Trump’s nominees to be confirmed at a quicker pace than his first term or Biden’s term.
Note: Denotes the number of initial Cabinet secretary nominees that required a cloture vote or final recorded vote to be confirmed. Presidents Obama and George W. Bush only had 14 nominees that needed Senate confirmation.
Conclusion
The historical trends show that it is very difficult for any incoming president to get Cabinet nominee confirmed within the first weeks of a new administration. Since Obama, the earliest filling of all Cabinet secretaries was March 22 by Biden. Trump’s success in getting his Cabinet secretaries confirmed expeditiously will help his administration hit the ground running and begin to carry out its priorities. This will require the timely submission of paperwork by his nominees and precious time on the Senate floor.
The Partnership for Public Service recently launched the Trump Political Appointee Tracker in collaboration with The Washington Post. This marks the third iteration of the tracker, which we first introduced in 2016.
Presidents have the ability to fill the executive branch and independent agencies with roughly 4,000 political appointments—with more than 1,300 of these positions requiring Senate confirmation. Our updated tracker will monitor the progress of roughly 800 of the most senior Senate-confirmed roles in the Trump administration, from nomination to confirmation.
The tracker serves two primary purposes: to catalogue the people serving in key leadership posts and to document the progress of nominations as they move through the Senate’s confirmation process.
What positions are included and not included?
Positions in the tracker include Cabinet secretaries, deputy and assistant secretaries, chief financial officers, general counsels, ambassadors and other full-time, civilian leadership positions in the executive branch that require Senate confirmation. It does not include judges, marshals and U.S. attorneys or military appointments and part-time positions requiring Senate confirmation.
The tracker does not show officials serving in an acting capacity, so unfilled positions are not necessarily vacant. All presidents designate temporary officials to fulfil the responsibilities of some Senate-confirmed positions and to preserve continuity during transitions.
What makes this tracker unique?
The Trump Appointee Tracker is a unique place to get real-time information about what positions exist and who is filling them.
The government is meeting new requirements to provide this information in the Periodically Listing Updates to Management online database. Traditionally this information (referred to as the Plum Book) was only available every four years and sometimes contained errors. The law requiring the new online database only requires the information to be updated yearly, whereas our tracker is updated in as close to real time as possible.
How often is the tracker updated?
The tracker will be updated daily as positions are considered and filled. When the frequency of confirmations decreases, the tracker will be updated on a weekly basis.
How does the nomination process work?
Presidents formally nominate individuals to the Senate to fill each position listed on our tracker, a responsibility established in the Constitution. The Senate refers most nominations to a specific committee with jurisdiction over the position. Committees scrutinize the nominees and hold hearings to discuss their views, qualifications and histories. After the hearing, committees usually take a vote on whether to report out the nomination favorably or the committee can refrain from taking action on the nomination. (Committees also have the option of taking a vote to report the nomination unfavorably or without recommendation, although this rarely happens—nominations typically move forward from committee or die in committee.)
Once a nomination is reported to the full Senate, the majority leader may bring it before the chamber for final consideration by the full body. A simple majority is necessary to win confirmation. Some nominations are approved through a unanimous consent agreement and by voice vote. However, the Senate has rules that allow for individual senators to voice concerns about the nomination process, allowing even one senator to prolong consideration of the nomination and requiring the Senate to go through the so-called cloture process to limit debate time on a nominee and get to the final vote.
Under Senate rules, nominations pending when the Congress adjourns at the end of a session or for a recess of more than 30 days are returned to the president, unless the Senate waives the rule by unanimous consent. Should the president want to renominate an individual, the nominee must refresh paperwork and the nomination process starts all over again.
Where does the information recorded in the appointee tracker come from?
Most of the information regarding nominations and the Senate’s process comes from Congress.gov, the official website for U.S. federal legislative information. Some information about Senate-confirmed positions generally comes from the Plum Book. However, each administration may add new positions or change position titles. The tracker reflects those changes when they are made public.
Information on resignations and informal appointee announcements comes from publicly available sources such as news stories and government websites. President-elect Trump often announces his nominees on his social media accounts.
In some cases, public information on the status of certain officials or positions is inconsistent or nonexistent. The information provided in this tracker is based on the best publicly available details.
What are the biggest challenges in maintaining the information?
There are two aspects of the updating process that are most challenging. First, each administration has discretion on how to arrange and title some positions. This makes it hard to know what positions are filled and how some positions may change over time. In fact, even coming up with a total specific number of Senate-confirmed positions is a challenge.
Second, tracking when people leave positions can be difficult. When appointees leave high profile positions, there is usually media coverage that is easy to follow. However, when people in lesser-known positions resign, there is often little to no media coverage. Agency websites list people in leadership positions, but are not always updated regularly.
Is it possible that the tracker is missing a nominee or update?
There’s a chance. The Partnership for Public Service and Washington Post have staff members and processes devoted to following nomination and confirmation developments. However, it is possible changes will occur that are not yet identified in the tracker, especially for lower-profile positions. If you think something is missing that should be included, please contact [email protected].
Politicians love to promise the moon, but when it comes time to deliver, they sometimes fail to launch. In at least one area of President-elect Donald Trump’s promises, however, the data shows he is operating at warp speed regarding personnel announcements.
Just over one month since the presidential election, Trump has announced 101 appointments. That’s an average of 2.7 appointments per day, more than twice as fast as the average rate achieved by the last three presidential transitions.
Roughly one-third of the roles announced are presidentially appointed positions—such as the White House chief of staff—for which appointees can take their seats immediately on Inauguration Day. The other two-thirds of the nominees announced are for jobs which must go through the Senate confirmation process.
So far, two nominees have withdrawn from consideration: Attorney general candidate Matt Gaetz and Drug Enforcement administrator candidate Chad Chronister. Withdrawals are common, as each of the last four presidents had at least one Cabinet-level nominee withdraw.
Even with the challenges of the Gaetz nomination, Trump announced his leadership choices for each of the 15 Cabinet-level agencies in record time. He announced his final Cabinet secretary selection—Brooke Rollins for secretary of the Department of Agriculture—on Nov. 23, just 18 days after the election. That’s about five times faster than the average of the last four presidential transitions.
Number of days after election to announce secretaries for 15 Cabinet-level agencies
Bush*
65
Obama
118
Trump 1
100
Biden
65
Trump 2
18
*At the beginning of Bush’s presidency, there were only 14 Cabinet departments. Congress created the Department of Homeland Security as a Cabinet-level agency in the aftermath of the Sept. 11, 2001 terrorist attacks.
During his first term, Trump did not finish announcing his Cabinet picks until nearly a month into his administration when he finally tapped Alexander Acosta to be secretary of Labor on Feb. 16, 2017 after his first nominee withdrew.
So far, Trump’s personnel announcement pace shows no signs of slowing down. Thanks to the recent agreement with the Department of Justice, appointees will undergo background checks for security clearances before the inauguration and for those in Senate-confirmed roles, meet with senators to make their case for confirmation.
Even with its record-setting pace, the incoming Trump administration will have a tough task ahead as it continues to fill roughly 4,000 presidentially appointed positions across the federal government. No president has ever succeeded in filling all of these positions ahead of the inauguration. President Joe Biden set the current high-water mark in 2021, installing over 1,100 appointees on Day One of his administration.
To match or beat this record, the Trump transition team must balance a desire for speed with the need for vigorous vetting to avoid surprises, embarrassments and further withdrawals. The most important measure is that capable, experienced leaders are prepared to manage federal agencies well. To achieve that balance, the Trump team should work closely with the FBI, Office of Government Ethics and the agencies to fill these essential roles and ensure a smooth transition.
Mary Monti is an associate with the Center for Presidential Transition. Ryan Martinage is an intern with the Center for Presidential Transition and provided data support.
A well-resourced presidential transition enables an incoming administration to prepare for the complex task of governing, appoint key personnel and address immediate national and global challenges from day one. But how much does this crucial endeavor cost and where does this funding come from?
The Price of a Transition
Presidential transitions are expensive undertakings and costs easily run into the tens of millions of dollars. The incoming team must quickly prepare by securing office space, setting up technology, training staff and appointing about 4,000 political appointees, including Cabinet and senior White House officials. These expenses are met by private fundraising sources and federal appropriations.
Public Funding for Transitions
Recognizing the need for an effective transfer of power, Congress passed the Presidential Transition Act of 1963, creating a framework to provide federal support and resources to eligible candidates and their teams as they prepare for office. The General Services Administration received $10.4 million for its pre-election activities in its fiscal 2024 appropriation aimed at supporting over 100 members of each eligible candidate’s pre-election team at the agency’s headquarters in Washington, D.C.
For fiscal 2025, GSA requested $11.2 million to assist the president-elect after the 2024 election, with $7.2 million set aside for supporting the incoming administration. This support provides the president-elect’s team with funding for compensation of transition staff, costs associated with travel, communications services and printing and postage costs.
Private Funding for Transitions
Since 2012, presidential transition teams have relied on a combination of public and private funding to support their pre- and post-election preparations. In that year, Republican nominee Mitt Romney’s transition team became the first to utilize pre-election funding available under the 2010 update of the transition law while also spending $1.4 million in private donations to cover additional costs.
In 2016, President Donald Trump’s transition team also used public funding and $4.6 million from private contributions to help facilitate its transition efforts. Similarly, in 2020, President Joe Biden’s transition team also accepted the public funding available in addition to supplementing it with privately raised funds. The Biden team spent $24.3 million of the privately raised money to ensure a smooth transition of power.
As of this blog’s publication, President-elect Trump’s 2024 transition team has not yet signed the GSA’s Memorandum of Understanding. Signing the MOU is a prerequisite for accessing public funding and comes with requirements such as publicly disclosing privately raised funds and adhering to a $5,000 limit on individual private donations.
This blog post was authored by Christian Aguirre, an intern with the Center for Presidential Transition.
One of the most important roles of a presidential transition team is to identify and fill agency leadership positions, with over 1,300 requiring Senate confirmation. Getting a leadership team in place as quickly as possible is essential for a new administration to govern effectively from day one.
While it is preferable that positions be filled permanently by Senate-confirmed individuals, presidents often must rely on acting officials while identifying capable nominees and waiting for the Senate to act. This is particularly true at the beginning of a new administration as transition teams and later White House personnel teams process thousands of candidates, work to get nominees through the pre-nomination vetting and ethics process, and assist those nominees through the confirmation process.
This blog focuses on the core questions regarding the Federal Vacancies Reform Act and the president’s use of acting officials, particularly at the beginning of a new administration.
Who may serve as an acting official under the Federal Vacancies Reform Act?
When a vacancy arises for a Senate-confirmed position, presidents may designate three categories of individuals to serve as an acting official:
By default, the first assistant to the vacant position (generally interpreted to mean the top deputy to the position) will serve as the acting official unless the president selects an individual from the two categories below as an alternative.
A person who serves in an office requiring Senate confirmation.
A career official at the GS-15 level or above who has been with the agency for at least 90 days during the year preceding the vacancy.
Who commonly serves as acting officials at the beginning of an administration?
At the beginning of their term, presidents can rely on the following categories of officials to serve in an acting capacity:
The first assistant to the vacant position. At the start of an administration, this person likely will be a career employee. But in some situations, an administration can bring in a political appointee as a first assistant and then designate that person as the acting official.
Holdover Senate-confirmed officials from the previous administration.
High-level officials who have been with the agency at least 90 days during the year preceding the vacancy—likely to be career officials.
How long can acting officials serve?
The vacancies law places time constraints on presidents to appoint acting officials to Senate-confirmed positions. Generally, those constraints are as follows:
For incoming presidents, acting officials may serve 300 days in positions that are vacant or become vacant during the 60-day period beginning on Inauguration Day.
The time clock for acting service is indefinitely paused while the Senate considers the first nominee to the vacant position. If the nominee is returned, rejected or withdrawn, a new 210-day time clock begins on the return date. If the president makes a second nomination, the time clock is again paused while the Senate considers the second nominee. If the second nominee is returned, rejected or withdrawn, a final 210-day time clock begins on the return date.
Presidents may face scrutiny from the Government Accountability Office for placing an acting official in a position that was persistently vacant and had nominees who failed to be confirmed in the previous administration. The GAO states that the rule above should apply to all nominations, regardless of which president made them. By contrast, the Justice Department’s Office of Legal Counsel states that the rule above only applies to the nominations of the current president.
How does the vacancies law interact with agency specific statutes?
Some positions have statutory succession provisions. In these instances, administrations have maintained that presidents may either use the vacancies law or the statutory provision to fill the vacancy.Congressional overseers and courts, though, may take a different view.
Following the agency-specific statue has some possible advantages over following the vacancies law. For example, there is an open legal question about whether the time limits imposed by the law still apply when the agency-specific statute is followed, therefore making it unclear how long an acting official can serve. In fact, it is possible to interpret agency-specific statutes as allowing the acting official to serve indefinitely. Also, agency-specific statutes do not limit the acting official’s ability to also be the nominee for a position.
Conclusion
Recent presidents have had to rely on acting officials across key leadership positions for much of their first years in office. While President-elect Donald Trump continues to announce nominations for top positions in the government, career civil servants and non-Senate confirmed personnel are likely to serve in acting roles as the new administration gets underway.
For more information about the vacancies law, trends in vacancies and the use of acting officials across administrations, check out the Center for Presidential Transition’s Federal Vacancies Guide.
With the election behind us, the focus now shifts to assembling the next administration. For those aspiring to serve in a presidentially appointed position, this is the time to prepare and stand out in a crowded field.
The following blog shares valuable advice gleaned from seasoned transition professionals throughout our Transition Lab podcast series. These five tips highlight common mistakes to avoid and steps you can take to position yourself for success in the competitive appointment process.
During our Transition Lab podcasts, a number of transition veterans detailed some of the least productive approaches for prospective job candidates. The following is a list of five lessons derived from these conversations. If you stick to them, you can reduce the possibility that your resume ends up in the recycling bin!
Avoid overwhelming the transition team
Prospective appointees sometimes think the best way to get a job is to have all their friends call the transition team or the White House personnel office with words of support. Don’t do it!
During a transition and in the early days of an administration, there can be anywhere from 150,000 to 300,000 applications for presidentially appointed positions. Unnecessarily adding to that workload will not make you any friends.
Liza Wright, who directed the Office of Presidential Personnel under President George W. Bush, said, “To have all of these people start berating the office with phone calls and things like that…is not a good approach.” Jonathan McBride, who ran PPO under President Barack Obama, added, “If somebody can speak to the substance of what you can do or your acumen…that’s great. Twenty people saying that they like you does not help. And it becomes a judgment question after a while. If you approach this [job search] this way, when you’re acting on behalf of the president of the United States, are you going to show similar poor judgment?”
If you have not already done so, you should secure letters of recommendation and start reviewing the necessary clearance and disclosure forms.
Stay out of the press
There is always a temptation for job seekers to audition in the media. This is a mistake.
Speaking with reporters Nancy Cook and Andrew Restuccia about their transition coverage, former Transition Lab host David Marchick pointed out that “the lesson here for someone who wants to get a nomination is not to be in one of these stories because you might have a better chance of getting the job if you’re not in the story.”
Don’t be presumptuous
For every job in an administration, there are dozens if not hundreds of qualified applicants. Even if you have served before, there is no guarantee you will get the job you want. Ironically, accepting that reality might increase your chances of getting a job.
According to Michael Froman, who led the Obama 2008-2009 transition personnel effort, “People who came in and said, ‘I am the greatest expert in this area…where do I fill out my employment forms,’ usually did not get hired.” Froman said. “The more successful approach was to make clear that that you were low maintenance,…that there were a variety of positions that you could envisage yourself doing, that you were not insistent on necessarily being the top person in any agency, but you were willing to play whatever role the president-elect felt was appropriate for you.”
Don’t show up unprepared
While you should not assume you will get a specific job, you should have a sense of what types of jobs you are interested in.
“I always tell people to do your homework,” Wright said. “It’s so helpful if someone has gone to this kind of taking the steps to really research what positions in the government they’re interested in, what they believe they’re qualified for.”
Doing this legwork will show you are committed and thoughtful, and that might just win you some friends. Coming unprepared, however, might cost your resume a second look.
Don’t wait until your nomination hearing to be honest – disclose all information from the start
Potential nominees should be straight-forward with the transition team. Clay Johnson, who led George W. Bush’s personnel operation during the transition and also served as director of the Office of Presidential Personnel, told candidates, “I’m expecting total honesty from you…and if it turns out you have problems or conflicts, and you aren’t able to serve, you have to know that we’re going to drop you like a hundred-pound weight.”
Part of this process involves familiarizing yourself with financial and ethics forms and preparing those materials so you are ready if the next administration would like you to serve.
For more resources and information about the presidential appointment process, please visit our Ready to Serve website here.
Note: This blog was originally published on Oct. 15, 2020 and has been updated for clarity and relevance by Nicole Lopez, a communications manager on the Partnership’s Communications team.
The post was originally authored by Alex Tippett and Carter Hirschhorn.
The process takes almost three times as long as it did during the Reagan administration
As President Donald Trump plans to enter the White House for the second time, a major responsibility will be to fill the more than 1,300 political appointee positions that require Senate confirmation. As with all recent presidents, Trump will face a problem that has been growing over time—the Senate confirmation process has become more cumbersome because the Senate’s responsibility to “advise and consent” takes far longer now than it did in previous years.
The official confirmation process takes almost three times as long now as it did during President Ronald Reagan’s administration. Throughout President Joe Biden’s administration confirmations have taken an average of about 192 days from the time they were officially submitted to the Senate until they were confirmed (as of Nov. 11, 2024). By contrast, during Reagan’s administration, the average confirmation took 69 days. These numbers include all civilian Senate-confirmed positions except for judges, marshals and U.S. attorneys.
Many factors contribute to the length of time that nominations remain pending in the Senate. The Senate must focus on a wide range of issues and processes beyond nominations. Additionally, any senator can place a “hold” on a nominee to attempt to extract concessions on matters unrelated to the nominee’s qualifications. And the Senate has increased the use of filibusters to delay nominations over time.
The lengthy Senate confirmation process has resulted in delays in filling many critical management and policy-focused positions, and some key jobs have remained vacant for years. Such vacancies make it difficult for agencies to undertake long-term planning and harm the public reliant on their services.
The Senate can move quickly on nominations when it so choses. In fact, nominees for Cabinet secretary positions are often confirmed quickly, especially at the start of a new administration. Since 1981, Cabinet secretaries have been confirmed in an average of 25 days, compared with 112 days for all other positions.
In fact, movement on Cabinet secretaries often occurs even before a new president takes office. Of Biden’s first 15 nominations for Cabinet positions, four had Senate hearings prior to Biden’s inauguration and six were confirmed within a month after he took office. For Trump’s first term, 12 nominees for Cabinet positions had hearings prior to Inauguration Day and nine were confirmed within a month of him taking office.
Presidents have the most success filling Senate-confirmed positions during their first year in office
Presidents have incentives to fill positions quickly after taking office. Not only are these jobs important for effective governing, but the Senate confirmation process is faster in an administration’s first year than in nearly any other year of a president’s term. For the past seven presidents, the confirmation process for nominations submitted during the first year averaged 87 days, 26 days faster than any other year, except for the last year in office when a president is finishing their second term. This is in part because presidents often have a honeymoon period soon after their inauguration and because many early nominations involve highly ranked positions that receive priority.
Conclusion
Presidential appointees requiring Senate confirmation face a process that is longer, harder, more public and more complex than their predecessors faced 40 years ago. While our nation relies on talented individuals to assume leadership roles in government, the difficulty of navigating the Senate confirmation process makes the prospect of a presidential appointment daunting. Many service-minded people even forego a presidential appointment because the lengthy process takes a heavy toll on their professional and personal lives.
Congress should consider reforms to improve the confirmation process such as decreasing the number of positions requiring Senate approval and improving the Senate’s privileged calendar process. Additionally, incoming presidential administrations should move quickly to vet and submit their nominations—starting right after Election Day.
The federal government will operate most effectively—and be most accountable to the public—when the best and the brightest are motivated to serve their country. Senators should work across party lines to confirm qualified appointees and consider reforms to make the process run smoothly. And every administration will benefit from starting early and moving with speed to staff the government.