If the Senate rejects

The first restriction allows an acting agency head to serve for days after the job becomes vacant, but that clock can be reset when the president nominates someone for the job. In this case, Bush essentially shut the clock down by designating his nominee as the acting administrator, because the law suspends the time limitations if nomination is pending. Presidents, however, regularly nominate individuals to jobs after designating them to serve in an acting capacity. It seems like backdoor recess appointment, Light said.

But if the president resubmits the nomination or nominates another person during that time span, the process starts over.

The first restriction allows an acting agency head to serve for days after the job becomes vacant, but that clock can be reset when the president nominates someone for the job. In this case, Bush essentially shut the clock down by designating his nominee as the acting administrator, because the law suspends the time limitations if nomination is pending. The issues under CMSs purview, however, are at the heart of several highprofile disputes between the administration and congressional Democrats, such as the reauthorization of the State Childrens Health Insurance Program and substantial changes to Medicare.

It has also not been placed on the Senate calendar. Weems underwent mostly light questioning at the hearing. But if the president resubmits the nomination or nominates another person during that time span, the process starts over. Since Bushs term expires in just over year, Weems therefore can stay in office for the remainder. If the Senate rejects the nominee or the president withdraws the nomination, the acting agency chief gets another days from the date of that action. It seems like backdoor recess appointment, Light said.

The issues under CMSs purview, however, are at the heart of several highprofile disputes between the administration and congressional Democrats, such as the reauthorization of the State Childrens Health Insurance Program and substantial changes to Medicare. The last Senateconfirmed CMS administrator, Mark McClellan, resigned on If the Senate confirms the nominee, he or she is installed in the position. The president did not use his constitutional authority to make any recess appointments while Congress was away in but the Weems designation has the same practical effect.

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