What is required for the presidents appointments to be confirmed?

There are two avenues to serving in the Executive Branch — through a career position or through a non-career position. This guide focuses on non-career, political appointments. Career positions are civil service positions that have a more traditional application process, listings for these positions can be found at usajobs.gov.

There are over 9,000 potential civil service leadership and support positions in the Legislative and Executive branches of the Federal Government that may be subject to political appointments. However, the actual number of positions filled by political appointment is limited to roughly 4,000 due to statutory limitations on the number of positions that may be filled by non-career appointment.

Four Types of Presidential Appointments

Presidential Appointments Requiring Senate Confirmation (PAS)

These are top-level, senior positions that include the heads of most major agencies This includes cabinet secretaries, agency leadership at the Deputy Secretary, Under Secretary, and Assistant Secretary levels, the heads of most independent agencies, ambassadors, and U.S. Attorneys. Some positions within the Executive Office of the President, including the director of the Office of Management and Budget, also fall in this category. These positions require a congressional hearing and a confirmation vote in the U.S. Senate.

Presidential Appointments Not Requiring Senate Confirmation (PA)

This category includes hundreds of positions, including most positions within the Executive Office of the President. These includes most senior White House aides and advisors as well as their deputies and key assistants. These appointments do not require a Senate hearing or vote.

Non-Career Senior Executive Service (SES)

Members of the SES serve in key positions just below the top presidential appointees. Designed to be a corps of executives charged with running the federal government, these positions include senior management positions within most federal agencies and serve as the major link between top political appointees and the rest of the federal workforce. While the SES largely consists of career officials, up to 10%, or (as of 2016) 680 positions, can be political appointees. Unlike the presidential appointments, the non-career SES appointments tend to be made within each agency and then approved by the Office of Personnel Management and the Presidential Personnel Office.

Confidential or Policymaking Positions (Schedule C (SC))

These positions consist of political appointees in policymaking positions or positions that require a close working relationship with the incumbent officeholder or key political officials. Schedule C positions may be designated by the Office of Personnel Management or the Executive Office of the President at the request of an agency.

The United States Government Policy and Supporting Positions, or Plum Book, is used to identify presidentially appointed positions within the federal government. The 2016 Plum Book is available here and some updated information for a 2020 Plum Book is available here. It lists the over 9,000 potential civil service leadership and support positions in the Legislative and Executive branches of the federal government that may be subject to political appointments.

Published every four years after a presidential election, the Plum Book is best thought of as a snapshot of presidentially appointed positions within the federal government at the time of publishing. Making sense of a long list of job titles without descriptions can be challenging. Furthermore, changes at the SES and Schedule C levels are relatively common.

Here are a few tips for lawyers to understand the Plum Book, which is critical to the presidential appointments process.

Many, but not all, positions are highly dependent on subject matter expertise. You can start your examination of the positions in the Plum Book with agencies that deal with matters in your field of expertise. Note that some backgrounds are relevant across federal agencies (e.g. administrative law, employment law)
There are several types of roles that are common across agencies. Your skills and background may be suited to a type of role as opposed to subject matter expertise.
For example, nearly every agency has an office of the General Counsel and an Office of the Inspector General
Similarly, most agencies have White House and Congressional Liaison offices
Many senior management roles of agency departments are presidential appointees
A vast majority of presidentially appointed positions are based in the Washington D.C. area (apart from U.S. Attorney positions), but not all of them.
Presidential appointments are not limited to senior level positions. If you are early in your career, look closely at the Schedule C appointments for positions best suited to your level of experience.

Before the White House has made its announcement, do not discuss your candidacy with others outside of the appointments process
The more people that know about your potential appointment, including friends and family, the more you may reveal.

Do not make presumptions
Do not make any statements suggesting your confirmation is a given. Even after the announcement is made public, use phrases like, “If I am confirmed,” or “If I’m lucky enough to serve” when you speak about the appointment.

Demonstrate respect for the process
Even if you are confident about your prospects for confirmation, show that you take the process seriously by completing the Senate questionnaires quickly, accurately and thoroughly.

Avoid the spotlight
Forego appearances in the media or at important events so that the vetting process can proceed without distractions.

Make connections with senators and their staff on both sides of the aisle
It is important that you have allies willing to advocate for your appointment, including Senate staff members. A poor appraisal from a key staff member may have an oversized impact on a senator’s view of you.

Anticipate and rehearse answers to particularly tough questions
If you know that there may be topics or issues that interest senators, have appropriate responses at the ready. Seek the guidance of your congressional Sherpa.

Nani Coloretti holds the presidential commission appointing her as deputy secretary of the Department of Housing and Urban Development.

General Les Lyles at a White House gathering with President Donald Trump.

After an election, the president or president-elect begins making decisions on critical Senate-confirmed appointments. In the case of a newly elected president, the presidential transition team’s staff will examine the information collected in the pre-election phase and conduct additional background reviews of those selected for consideration. Re-elected presidents often have a number of important vacancies to fill early in their second term due to departures.

The Senate’s role in the process officially begins when it receives an official written nomination from the president regarding your prospective appointment. The nomination is then sent to the appropriate committee. Once reported from the committee, your nomination may be called up for consideration and vote by the full Senate.

Generally, nominees can expect serious scrutiny from the Senate, but most nominees are eventually confirmed. You should prepare by familiarizing your confirmation flow chart as well as the National Academy of Public Administration’s publication, A Survivor’s Guide for Presidential Nominees.

In addition to background investigation and financial disclosure forms, nominees for Senate-confirmed appointments must complete Senate committee questionnaires. Each committee has its own questionnaire, and they differ in their subject matter and length. The questions typically cover biographical and financial information, and some committees also ask nominees to respond to policy questionnaires.

You should complete the required paperwork as quickly as possible. Committees usually do not move forward with a nominee’s hearing unless all paperwork is complete. Completing and returning your Senate questionnaires promptly also will indicate to the committee that you are committed, cooperative and professional. Coordinate with the administration’s or the transition team’s legislative affairs staff for information to help you.

Your focus during the Senate confirmation process should be preparing for the confirmation hearing. In most cases, you will be assigned a “Sherpa,” a member of the agency or White House legislative affairs staff, or an experienced volunteer who advises and accompanies you when meeting with senators.

Your Sherpa should help you to arrange meetings with senators and the committee staff to form relationships, secure support and learn about the nuances of the committee process. These individuals can also help prepare you by conducting mock hearings, known informally as “murder boards.” For a full description of the roles and responsibilities of the Sherpas in this process, read through the Center for Presidential Transition’s Sherpa Checklist.

You want to appear open and prepared during your confirmation hearing. The hearing may be intimidating, but serving as a presidential appointee is an incredible honor and you should reflect that fact in your demeanor and approach to the senators. To prepare for your hearing, review this list of Things Nominees Should Know.

Under Senate procedures, a nominee requires a simple majority support of senators present and voting to proceed to the nomination. After the Senate has voted, the clerk of the Senate notifies the White House to prepare your presidential commission. The commission is signed by the president and sent to the State Department where the secretary of state signs and the Great Seal of the United States is affixed. Once the commission process is completed, you are referred to officials at your agency for official onboarding.