Parties nearing deal to move agency nominations

Senate Democrats plan to make Supreme Court nominee Sonia Sotomayor's confirmation the last vote before the August recess, but she will not be the last nominee confirmed. They are negotiating with Republicans to move "a signficant number" of stalled executive branch nominees by unanimous consent before recessing, a Democratic aide said. That list will not include several closely watched nominations that will require cloture votes because of GOP holds, aides said. Those votes will not take place until lawmakers return next month.

Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., talk nearly daily on nominees, and batches of nominations are approved many nights before the chamber adjourns, but federal agencies and Senate committees have for months looked ahead to the eve of the August recess as an opportunity to confirm nominees, and not just high-profile ones like Secretary of the Army-designate Rep. John McHugh, R-N.Y., or Utah Gov. John Huntsman as ambassador to China.

While many recesses serve a similar function, the August break has been looked at because many senators believe Sotomayor's confirmation will clear a backlog.

"We also have a number of nominations that have been held up as a result of the Supreme Court nomination," Reid said on Wednesday.

Democratic aides said the package of nominees moved will likely include Christine Griffin as OPM deputy director and Martha Johnson as head of the General Services Administration. One Democratic aide said Johnson has been the subject of a Republican hold, but that the issue has been resolved.

GSA spokeswoman Sahar Wali said the agency in "no way shape or form," assumes Johnson's confirmation. "We're hopeful, but we respect the procedure of the Senate," she said.

Senate aides said Cass Sunstein, a Harvard Law professor nominated to head OMB's influential Office of Information and Regulatory Affairs, is unlikely to be confirmed this week. Sunstein faced a hold by Senate Agriculture ranking member Saxby Chambliss, R-Ga., and later by Sen. John Cornyn, R-Texas. Both expressed concern on behalf of the agricultural industry over Sunstein's calls for increased animal rights.

Cornyn said on Monday he has dropped the hold, but Democratic aides said a new hold has been placed.

Several Democrats privately suggested holds on Sunstein reflect speculation that President Obama could nominate him to the Supreme Court. Republicans deny that.

Democrats and Republicans said the package of nominees confirmed this week will include many nominees cleared by the Judiciary Committee, which has not had a nominee approved by the full Senate since May 12, despite continuing to report nominations in those two months.

Judiciary Committee Chairman Patrick Leahy, D-Vt., attributes the backup to the Sotomayor nomination. Committee aides said they hope her confirmation will allow the Senate to clear most of the 21 nominees reported out by the committee this week. That group includes seven U.S. attorneys, an assistant attorney general and several circuit court judges.

"I am sure some will go before the recess," Judiciary Committee ranking member Jeff Sessions, R-Ala., said.

Dawn Johnsen, nominated to head the Justice Department's Office of Legal Counsel, appears to lack the 60 votes to overcome GOP opposition and is not likely to have a confirmation vote soon. David Hamilton, nominated to be a circuit court judge in Indiana, faces a hold by Sen. James Inhofe, R-Okla., who said on Tuesday he has no plans to lift it.