VERSE

...Governmental Affairs staff members think that one of their problems has been not having enough people who could examine the esoterica of American banking practices...

...There have to be statutes so that Senators can be moved to implement them...

...Apparently, "allegations in the media," according to a Committee staffperson, "was enough to make him withdraw...

...Nonetheless, it would be worthwile to examine it more closely...

...And, most recently, the Committee last winter rejected (this time by simply not considering the nominee) Donald Tucker, former speaker of the Florida House, who had been nominated by Carter to be on the CAB...

...Legally, the Senate is obliged to take a great deal of peter blum kovler, a Washington writer whose work has appeared in The Nation, The Progressive and other journals, has served as legislative assistant and speech writer for several Washington political figures...

...Yet, most observers agree, the desire to go along with the new Democratic President was overwhelming...

...Also, it will guarantee Senate access to investigative reports by executive branch agencies such as the FBI...

...Adds Proxmire...

...For instance," says David Cohen, "some of the actions by the Judiciary Committee have been shameful...

...And, I have trouble with it because there will be so much emphasis on conflict of interest rather than policy...

...Magnuson, the former General Counsel Mike Pertschuk—now head of the Federal Trade Commission —and, perhaps most importantly, to vocal consumer groups...

...The Parliamentarian refers them to the authorizing committee that has jurisdiction over the area that could be the nominee's...

...As long as the confirmation process is drawing some public attention, most observers agree that Senators will pay a bit more attention...

...The Committee said that Coors must divest himself of his ownership of his TVN, a syndicated news show...

...So, for instance, the Committee on Foreign Relations will always consider State Department and ambassadorial nominations, the Judiciary Committee will look at prospective Attorneys General and judges, etc...

...This should not be...

...Hearings too often are perfunctory...

...Such a move was practically unheard of five years ago...

...Obviously, there is merit in such skepticism...

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...Perhaps the most important aspect of the bill is its attempt to prevent "quickie" confirmations...

...Harris...

...But even more important than the temporary tarnish on the reputations of these principals, the Lance affair has raised one main question about the entire Senate confirmation process...

...In the past," according to Judith Parriss, a former ir ember of the Brookings Institute and author of several articles on Senate confirmations, "what little 7 July 1978: 430 a Catholics there es in the church...

...258 has been introduced by Senators Ribicoff, Percy and Javits and its purpose is to "create a new Senate office to assist the Senate in its confirmation responsibility...

...One recent example, he pointed out, was in the nomination of Frank Johnson to head the F.B.I...

...and putting fewer good men in the government...

...One objection to the reform measure is that it would increase the chances of raking up the lives of nominees, thereby making public service less desirable...

...It is now quite apparent that the case raised serious doubts about Lance's final days, the President's credibility had declined, Jody Powell looked Ziegleresque and Senators Ribicoff and Percy had been exposed as posturers rather than serious questioners...

...Frankly, I do not want to see that important function disturbed...

...Senator Proxmire, for instance, believes "that such a committee would allow the other committees to shirk their responsibilities...

...Also, they rejected Warren Rudman, another Nixon nominee, who was to be a member of the ICC...

...for on the Hill responsibility is not something that comes easily...

...For example in 1953 Joseph McCarthy led an attack on Charles Bohlen who had been nominated to be Ambassador to the Soviet Union...

...they continue to exclude effectively women and minorities...

...Regulatory agencies continue to be a haven for special interest influence...

...But with the committee, there would be skilled investigators, including former Internal Revenue Service agents—who could do the work...

...That's why I opposed Lance and why I opposed Mrs...

...Little is learned and an adequate record is not developed...

...At present, it's a sort of Darwinian struggle to see who can get through...

...Clearly, as with any reform, there is the possibility of "going too far...

...Proxmire's Banking Committee is rated just behind Commerce...

...But, again, having seen what committees like Commerce can do, it seems wise to attempt to follow their lead...

...On the Commerce Committee, credit for confirmation enforcement generally goes to Sen...

...And, according to Ribicoff, if the bill passed it would establish general standards on Senate confirmation...

...Until recently," he continues, "it was not uncommon for Senate action on a nomination to be completed in one day...

...Nevada...

...Ironically, Lance's inquisitors, the Senate Governmental Affairs Committee, is sometimes thought to do a good job...

...Howard Cannon (Dem...

...Early in 1977 Luther Holcomb, a Nixon appointee to EEOC, was rejected because the Committee dug up a memo that he had written to Nixon where he suggested to the White House that he would like to do anything he could, politically, with his agency...

...Still, regardless of what happens to this bill (and action on it does not appear likely until next session), the Lance case has ^clearly caused Senators to be more aware of this part of their job...

...Too, others in the Senate and many staff members dislike the bill because of its political overtones...

...Commerce and Banking It is generally agreed on Capitol Hill that there is only, one efficient and systematic confirmation committee—Commerce, formerly chaired by Sen...

...In November, for example, the Environment and Public Works Committee rejected Kent Hansen, a nominee to the Nuclear Regulatory Commission...

...But such an idea assumes that the reform would mean a movement from almost complete neglect to unbridled harassment...

...A brief and perfunctory hearing would be held in the morning, a committee vote would be taken immediately after the hearing, the nomination would be reported directly to the floor and there it would be confirmed by voice vote with few Senators in attendance...

...Finally, some believe that the reform should not be in the Senate at all, but, instead, in the President's prerogative to name appointees...

...the only Member to vote against Bert Lance—"has always done a weak job in this area, although sometimes it has been absolutely appalling...

...Efficiency and speed serve as excuses to avoid effective scrutiny and oversight...

...I think as a whole, it (the confirmation process) is a function of the Senate that has been carried out in an 7 July 1978: 432 unusually fine and successful way...

...Warren Magnuson (Dem...

...That is, what is the Senate doing to prevent irresponsible nominees like Lance from assuming office...

...The Resolution for this Senate investigating committee has three principal purposes...

...then the committees that have the final approval will relax and just go ahead and agree with the investigative committee...

...Also, there is the view that the Senate cannot ever devote sufficient time to the job: That it will either spend too much time, thereby delaying an approval and making an executive agency function shorthanded...

...For example, a nominee must: "List sources, amounts and dates of all anticipated receipts from deferred income arrangements, stock options, executory contracts and other future benefits which you expect to derive from current or previous business reCommonweal: 431 lationships, professional services and firm memberships, employers, clients and customers...

...One provision, for instance, makes it necessary for committees to wait 15 days after a nomination is received before it can judge a candidate...

...And all of this happened after two of our more recent Attorneys General, John Mitchell and Richard Kleindienst, were convicted of violations of federal law...

...Then, if the nominee is approved by the committee, he is considered by the full Senate...

...At present, the Senate considers about 60,000 nominations per year—a staggering figure until one realizes that all but about 3,000 are for routine commissions and positions in the military service...

...Formally, all nominations are handled in the same way as legislation...

...Proxmire...

...of those 3,000 about 350 can be classified as nominations to policymaking positions...

...They made fools of themselves and, now, they want to repair their broken public image...

...Washington) and now headed by Sen...

...In all likelihood the bill will be opposed by southern and conservative members—but for reasons quite different than those of Proxmire's...

...The Commerce Committee decides on nominees to the Department of Commerce, Department of Transportation, Federal Trade Commission, Interstate Commerce Commission, Civil Aeronautics Board, Corporation for Public Broadcasting, Consumer Product Safety Commission and many lesser administrative agencies...

...Although some tried to accuse the Committee of using "McCarthy-like tactics," such allegations carry little weight...

...there is one that is thought to be close to Commerce, Banking, headed by Sen...

...Cohen, however, is particularly upset about regulatory appointments: "Our government still fails consistently to choose and attract men and women of high calling to serve as regulatory commissioners and administrators...

...Administrations have been very weak in this area, nominating people with no experience in their fields...

...the public is effectively shut out...

...The explanation for this, says Cohen, is that usually the Senate feels that the President has the right to surround himself with those he wants, "to have his own team...

...Today, scrutinizing of nominees depends on several factors, including the office at stake and the particular committee charged with the responsibility...

...It just becomes a lot harder to objectively consider someone or to consider his credentials when you know him...

...We have already had too much of that sort of legislation...

...Says Cohen: "Even if we get the new rules in and even if Senators begin to do their job, it will take continued public pressure to make sure the rules are applied...

...But in spite of the farcical allegation, Bohlen was confirmed...

...More recently, in November '75, Nixon nominee Isabel Burgess was prevented from joining the National Transportation Safety Board owing to a conflict of interest (she would not give up her stock in a particular carrier...

...At present there is one bill before the Senate that is aimed at reform...

...Nevertheless," argues Cohen, "in spite of any other circumstances, there is the need for a formal process, a procedure to follow...

...Or that they will continue to spend too little time...

...Also of primary importance in the bill is that there will be more staff—and more skilled staff—who will look at prospective appointees...

...Coors refused and, so, the Committee refused...

...According to Parriss: "There has been one standard for nominees to the Vice Presidency and the Supreme Court and another standard for everyone else...

...Such a delay, according to many Senate staff members, would finally allow the Senate adequate time to deliberate...

...Few, though, believe that the Senate can maintain proper vigilance...

...The Constitution stipulates that the President "shall nominate and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States whose appointments are not herein otherwise provided for...

...Historically, most nominations have been approved...

...The Commerce Committee sends to each nominee an application form with detailed questions about financial data, future employment relationships, and potential conflicts of interest...

...In general, say Senate members, of the three main types of nominees—Cabinet members, regulatory commissioners and judges—potential Cabinet members are examined least closely...

...In addition, we try to look at the background and qualifications of the candidate...

...The most important question, however, is how long will this sort of alertness last...

...The Senate, according to Senator William Proxmire (Dem...

...And there should not be any more fiascos as with Lance...

...Even today the Committee is secretive about why Rudman was not considered, allowing only that they had attained "adverse information" about him...

...Other important committees such as Judiciary, Foreign Relations and Human Resources are generally thought to have less interest in advice and consent...

...For instance, Aruthur Burns, a man of great dignity, calls and wants to come up and introduce me to a candidate for the Federal Reserve Board...

...I think," he says, "what we may get is a problem where once the new committee says that the candidate is O.K...

...According to many observers, the initial investigation on Lance may have been as thorough as any other investigation...

...Proponents of the bill, however, think there can be changes in both branches...

...McCarthy charged that the confidential FBI file cantained derogatory information about Bohlen...

...public servants...

...But I tell him 'no thank you.'" It is believed that the Banking Committee staff and Proxmire did a thorough job last March when G. William Miller was nominated to be head of the Federal Reserve Board...

...Since the end of World War II, Senators from all sides of the political spectrum have, occasionally, raised objections...

...Finally, after he was confirmed, the Committee came out with a so-called report, but it was four pages long...

...I also make it a personal policy to never see a nominee privately...

...David Cohen, the President of Common Cause and leader in the movement to reform the confirmation process, agrees: "Unfortunately, the Senate for too long has served as an instant ratifying processor for Cabinet and other appointments...

...Still, it seems that with the Senate's history of negligence, this opportunity to make a change is well worth trying...

...It is not difficult to see why the current system fails to produce qualified appointees: At every stage, ability and commitment to a public interest are secondary considerations...

...In fact, according to Cohen, there has to be an appointment process where there is a wide and publicly known search and where the process is open...

...The past record of Presidents and the Senate is anything but good although Carter has been better than his predecessors...

...It is well known that in each instance when Congress has considered such a nominee, Ford in '73 and Rockefeller in '74, there has been meticulous scrutiny of the nominee's background, qualifications, financial holdings and policy preferences...

...And, more recently, the Senate defeated Nixon Supreme Court nominees Harold Carswell and Clement Haynsworth...

...Says the Wisconsin Senator: "In the last few years we have tried to adopt Commerce's method of checking out the nominees...

...Senator John Stennis, for instance, has already announced his position...

...For the other offices, however, there has been little aggressiveness...

...responsibility for the caliber of federal public servants...

...Qualities of the nominees, however, rarely interest the Senators...

...The same pretty much goes for the Supreme Court because they are lifetime appointments...

...Wise...

...Their record, says Cohen, has been "outstanding" and in the past three years they have rejected such nominees as Joseph Coors (head of Coors beer) who was to be a member of the Corporation for Public Bradcasting...

...If we have committees now that do very good jobs," he declares, "it is not because of their size, but because some Senators are aggressive...

...It will require that the nominees to major government positions be subject to regular systematic investigations into their background and integrity prior to Senate action...

...It is the only way they can fulfill their proper role of advice and consent...

...Most often, according to George Washington University professor and confirmation scholar (he has read 1,200 hearings) G. Calvin Mackenzie, "Senate committees have been haphazard and superficial in the ways they examined the credentials and qualifications of presidential nominations...

...But Proxmire, among others, believes that it is not so much a question of staff, but rather of will...

...Still, the bill faces tough opposition—both from advocates of a tougher Senate and from the Good Old Boys...

...and the rest, according to David Cohen, "do not really care...

...Of course, a committee can ask all the questions it wants, but it can all become meaningless if .the Senators 1) do not read the material and 2) do not respond to apparent improprieties...

...Sadly, the answer is very little...

...Indeed, the Banking Committee was simply performing as a good confirmation committee should...

...While they spent a good bit of time on the Bell confirmation, they had no final report and there wasn't even a report sent to the full Senate...

...As one staff member told me: "It's plain that this is just a cover your ass bill for Ribicoff and Percy...

...President "shall id consent of the public ministers irt and all other ppointments are ed in the same refers them to diction over the :or instance, the always consider lominations, the sctive Attorneys nominee is ap:red by the full adith Parriss, a :ute and author >ns, "what little ! i effort has been put in the process has been done at the committee level...