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Opinion: Bond asks Obama to consult Congress about advisers

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Editor's note: U.S. Sen. Kit Bond, R-Mo., and five other Republican senators last week signed a letter to President Obama. An excerpt follows.

Dear Mr. President,

We write to express our growing concern with the proliferation of "czars" in your administration. These positions raise serious issues of accountability, transparency and oversight.

The creation of "czars," particularly within the executive office of the president, circumvents the constitutionally established process of "advise and consent"; greatly diminishes the ability of Congress to conduct oversight and hold officials accountable; and creates confusion about which officials are responsible for policy decisions.

To be clear, we do not consider every position identified in various reports as a czar to be problematic. Positions established by law or subject to Senate confirmation, such as the Director of National Intelligence, the Homeland Security adviser, and the chairman of the Recovery Accountability and Transparency Board, do not raise the same kinds of concerns as positions that you have established within the executive office of the president that are largely insulated from effective congressional oversight.

We also recognize that presidents are entitled to surround themselves with experts who can serve as senior advisers.

Many czars you have appointed, however, either duplicate or dilute the statutory authority and responsibilities that Congress has conferred upon Cabinet-level officers and other senior executive branch officials. When established within the White House, these czars can hinder the ability of Congress to oversee the complex substantive issues that you have unilaterally entrusted to their leadership.

Whether in the White House or elsewhere, the authorities of these advisers are essentially undefined. They are not subject to the Senate's constitutional "advise and consent" role, including the Senate's careful review of the character and qualifications of the individuals nominated by the president to fill the most senior positions within our government. Indeed, many of these new czars appear to occupy positions of greater responsibility and authority than many of the officials who have been confirmed by the Senate to fill positions within your administration.

With these concerns in mind, we have identified at least 18 czar positions created by your administration whose reported responsibilities may be undermining the constitutional oversight responsibilities of Congress or express statutory assignments of responsibility to other executive branch officials. With regard to each of these positions, we ask that you explain:

• the specific authorities and responsibilities of the position, including any limitations you have placed on the position to ensure that it does not encroach on the legitimate statutory responsibilities of other executive branch officials;

• the process by which the administration examines the character and qualifications of the individuals appointed by the president to fill the position; and

• whether the individual occupying the position will agree to any reasonable request to appear before, or provide information to, Congress.

... We also ask that you consult carefully with Congress prior to establishing any additional czar positions or filling any existing vacancies in these positions.

We stand ready to work with you to address these challenges and to provide our nation's most senior leaders with the legitimacy necessary to do their jobs - without furthering the accountability, oversight, vetting and transparency shortcomings associated with czars.



Sincerely,

U.S. Sens. Lamar Alexander, R-Tenn.; Robert F. Bennett, R-Utah; Christopher S. Bond, R-Mo.; Susan M. Collins, R-Maine; Mike Crapo, R-Idaho; and Pat Roberts, R-Kan.

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