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Thu Feb 25, 2021, 09:00 AM

Can President Biden make the cabinet picks that are being blocked "Acting Members" of his admin.?

It is just about March and some of his picks are still being held up.
The same people who voted for totally unqualified cabinet picks by
Trump are now "finding Jesus" and saying some of Joe's picks are not
up to standards.

BTW one of the reasons I think the GOP is blocking Joe's picks and ideas
is that they will be very popular and make the new diverse Democratic
Party that Joe & the K-Bomb are building a crushing force.

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Reply Can President Biden make the cabinet picks that are being blocked "Acting Members" of his admin.? (Original post)
Botany Feb 2021 OP
FBaggins Feb 2021 #1
Botany Feb 2021 #3
FBaggins Feb 2021 #4
Botany Feb 2021 #8
underpants Feb 2021 #2
Botany Feb 2021 #7
PoliticAverse Feb 2021 #5
Botany Feb 2021 #6

Response to Botany (Original post)

Thu Feb 25, 2021, 09:12 AM

1. Yes and no

He can make them members of the administration...

... but he can’t make them “acting” in the roles for which they were appointed

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Response to FBaggins (Reply #1)

Thu Feb 25, 2021, 09:15 AM

3. Can he pick other people to be in his cabinet and make "the blocked ones" something like a ....

... deputy director of that department?

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Response to Botany (Reply #3)

Thu Feb 25, 2021, 09:20 AM

4. Most such roles are also Senate-confirmed

There are over 1,000 senate-confirmed roles.

If they are confirmed to some lesser role, they could later qualify to be “acting” in the higher role. But that assumes that someone who voted against them in some other role would vote for them in that case.

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Response to FBaggins (Reply #4)

Thu Feb 25, 2021, 09:32 AM

8. thanx

n/t

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Response to Botany (Original post)

Thu Feb 25, 2021, 09:13 AM

2. He can but I doubt he will

Even with Tanden. Joe respects the Senate and I’d guess “acting” is seen as an end run around their power. Joe still operates with the old ways of tge Senate in mind with, I think, hopes of using that to influence Mitch et al to come along on some issues.

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Response to underpants (Reply #2)

Thu Feb 25, 2021, 09:32 AM

7. Thanx

Joe does know the senate

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Response to Botany (Original post)

Thu Feb 25, 2021, 09:21 AM

5. The matter is governed by federal law - the "Federal Vacancies Reform Act of 1998"...

https://en.wikipedia.org/wiki/Federal_Vacancies_Reform_Act_of_1998
https://www.law.cornell.edu/uscode/text/5/3345

5 U.S. Code § 3345 - Acting officer

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
(c)
(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.

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Response to PoliticAverse (Reply #5)

Thu Feb 25, 2021, 09:31 AM

6. Thanx

n/t

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