For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32906 ------------------------------------------------------------------------------ Order Code RL32906 CRS Report for Congress Received through the CRS Web Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 108th Congress May 5, 2005 Henry B. Hogue Analyst in American National Government Government and Finance Division Maureen Bearden Information Research Specialist Knowledge Services Group Dana Ely Information Research Specialist Knowledge Services Group Congressional Research Service ~ The Library of Congress Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 108th Congress Summary This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate. It also discusses nominations to full-time positions in 38 executive branch organizations (25 independent agencies, six agencies in the Executive Office of the President (EOP), and seven multilateral banking organizations) and four legislative branch agencies. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are covered in other reports. The Federal Emergency Management Agency, formerly an independent agency covered by earlier versions of this report, became part of the Department of Homeland Security when that department was established during the period covered by this report. Another government organization, the Millennium Challenge Corporation, came into existence early in the 108th Congress after it was established by the Millennium Challenge Act of 2003. During the 108th Congress, President George W. Bush submitted to the Senate 40 nominations to full-time positions in independent and other agencies. Of these, 31 were confirmed and nine were returned to the President; none were withdrawn. The President made four recess appointments during this period to positions in organizations covered in this report (the Environmental Protection Agency and the U.S. Agency for International Development). Two of these occurred during the 2004 Memorial Day recess and two during the 2004 August recess. All four of these recess appointments would have expired at the end of the first session of the 109th Congress. Before this time, the Senate confirmed nominations of each of these four appointees to their respective positions. Information for this report was compiled from data from the Senate nominations database of the Legislative Information System at [http://www.congress.gov/nomis/], the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, and telephone discussions with agency officials. The report will not be updated. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Appointments Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Selection, Clearance, and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Senate Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Temporary Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Appointments During the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Average Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Organization of this Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Agency Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Nominations and Incumbents: Full-Time Positions in Independent Agencies . . . 9 Appalachian Regional Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Broadcasting Board of Governors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Central Intelligence Agency/Intelligence Community . . . . . . . . . . . . . . . . . 10 Corporation for National and Community Service . . . . . . . . . . . . . . . . . . . 11 Court Services and Offender Supervision Agency to the District of Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Delta Regional Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Environmental Protection Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Federal Mediation and Conciliation Service . . . . . . . . . . . . . . . . . . . . . . . . 14 General Services Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Millennium Challenge Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 National Aeronautics and Space Administration . . . . . . . . . . . . . . . . . . . . . 15 National Archives and Records Administration . . . . . . . . . . . . . . . . . . . . . 16 National Foundation on the Arts and Humanities . . . . . . . . . . . . . . . . . . . . 16 National Science Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Office of Government Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Office of Navajo and Hopi Indian Relocation . . . . . . . . . . . . . . . . . . . . . . . 18 Office of Personnel Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Office of Special Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Overseas Private Investment Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Peace Corps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Selective Service System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Small Business Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Social Security Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Trade and Development Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 U.S. Agency for International Development . . . . . . . . . . . . . . . . . . . . . . . . 22 Nominations and Incumbents: Full-Time Positions in the Executive Office of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Council of Economic Advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Council on Environmental Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Office of Management and Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Office of National Drug Control Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Office of Science and Technology Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Office of the U.S. Trade Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Nominations and Incumbents: Full-Time Positions in Multilateral Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 African Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Asian Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 European Bank for Reconstruction and Development . . . . . . . . . . . . . . . . . 26 Inter-American Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 International Bank for Reconstruction and Development (World Bank) . . 27 International Joint Commission, U.S. and Canada . . . . . . . . . . . . . . . . . . . 28 International Monetary Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Nominations and Incumbents: Full-Time Positions in Legislative Branch Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Architect of the Capitol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Government Accountability Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Government Printing Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Library of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Appendix A. Alphabetical Listing of Nominees and Appointees, January 3, 2003 - January 3, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Appendix B. Appointment Action During the 108th Congress, by Agency Grouping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Appendix C. Agency Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 List of Tables Table 1. Appointment Action for 42 Independent and Other Agencies During the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 108th Congress Introduction This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate (PAS CRS-2 positions).1 It also identifies, for the 108th Congress, all nominations to full-time positions requiring Senate confirmation in 38 organizations in the executive branch (25 independent agencies, six agencies in the Executive Office of the President (EOP), and seven multilateral banking organizations) and four agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions, which are covered in other reports. The Federal Emergency Management Agency, formerly an independent agency covered by earlier versions of this report, became part of the Department of Homeland Security when that department was established in 2003;2 it is not covered by this report. Another government organization, the Millennium Challenge Corporation, came into existence early in the 108th Congress after it was established by the Millennium Challenge Act of 2003.3 A profile of each agency tracks the agency's nominations, providing information on Senate activity (confirmations, rejections, returns to the President, and elapsed time between nomination and confirmation) as well as further related presidential activity (including withdrawals and recess appointments). The profiles also identify, for each agency, positions requiring Senate confirmation, the incumbents in those positions as of January 3, 2005, dates they were confirmed, dates their terms expire, if applicable, and pay levels. The Appointments Process The President and the Senate share the power to appoint the principal officers of the United States.4 The Constitution (Article II, Section 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States. Three distinct stages mark the appointment process -- selection and nomination, confirmation, and appointment. Selection, Clearance, and Nomination. In this stage, the White House selects and clears a nominee before sending the formal nomination to the Senate. There are a number of steps in this stage of the process for most Senate-confirmed positions. First, with the assistance of, and preliminary vetting by, the White House Office of Presidential Personnel, the President selects a candidate for the position. Interested parties, including Members of Congress, may have input during this process. 1 The acronym is defined as "Presidential Appointment with Senate Confirmation" in the 2004 "Plum Book" (U.S. Congress, House Committee on Government Reform, United States Government Policy and Supporting Positions, 108th Cong., 2nd sess., Committee Print, Nov. 22, 2004 (Washington: GPO, 2004), p. v). 2 Homeland Security Act of 2002, P.L. 107-296; 116 Stat. 2135. 3 P.L. 108-199, Div. D, §§ 601-619; 118 Stat. 211. 4 A historical and contemporary overview of the appointment power is found in Louis Fisher, "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. CRS-3 During the clearance process, the candidate prepares and submits several forms: the "Public Financial Disclosure Report" (Standard Form (SF) 278), the "Questionnaire for National Security Positions" (SF 86), and the White House "Personal Data Statement Questionnaire." The Office of the Counsel to the President oversees the clearance process, which often includes background investigations conducted by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Government Ethics (OGE), and an ethics official for the agency to which the candidate is to be appointed. If conflicts are found during the background check, OGE and the agency ethics officer may work with the candidate to mitigate the conflicts. Once the Office of the Counsel to the President has cleared the candidate, the nomination is ready to be submitted to the Senate. The selection and clearance stage is often the longest part of the appointment process. There can be lengthy delays, particularly if many candidates are being processed, as at the beginning of an Administration, or if conflicts need to be resolved. Candidates for higher-level positions are often accorded priority in this process. In an effort to reduce the elapsed time between a new President's inauguration and the appointment of his or her national security team, recent amendments to the Presidential Transitions Act of 19635 encourage Presidents-elect to submit, for security clearance, potential nominees to high-level national security positions as soon as possible after the election.6 For positions located within a state (U.S. attorney, U.S. marshal, and U.S. district judge), the President, by custom, normally nominates an individual recommended by the Senator or Senators (if they are from the same party as the President) from that state. If neither Senator is from the President's party, he usually defers to the recommendations of party leaders from the state. Occasionally, the President solicits recommendations from Senators of the opposition party because of their positions in the Senate. Before making a nomination to a federal position at the state or national level, the President would likely consider how it will fare in the confirmation process. A nominee has no legal authority to assume the duties and responsibilities of the position; the authority comes with Senate confirmation and presidential appointment. A nominee who is hired by the agency as a consultant while awaiting confirmation may serve only in an advisory capacity. If circumstances permit and conditions are met, the President may give the nominee a recess appointment to the position (see below). Recess appointments may have political consequences, however, particularly if Senators perceive that an appointment is an effort to circumvent their constitutional role. Some Senate-confirmed positions, such as many of those in the executive departments, may also be temporarily filled under the Vacancies Act.7 5 3 U.S.C. § 102 note. 6 P.L. 108-458, § 7601; 118 Stat. 3856. 7 P.L. 105-277, Div. C, Title I, § 151; 112 Stat. 2681-611; 5 U.S.C. §§ 3345-3349d. For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act: Congress Acts to Protect the Senate's Confirmation Prerogative, by Morton Rosenberg. CRS-4 Senate Consideration. In the confirmation or second stage, the Senate alone determines whether or not to confirm a nomination.8 The way the Senate acts on a nomination depends largely on the importance of the position involved, existing political circumstances, and policy implications. Generally, the Senate shows particular interest in the nominees' views and how they are likely to affect public policy.9 Two other factors may also affect the scrutiny with which a nominee's personal and professional qualities are examined: whether or not the President's party controls the Senate and the degree to which the President becomes involved in supporting the nomination. The Senate confirmation process is centered at the committee level. Committee nomination activity generally includes investigation, hearing, and reporting stages. As part of investigatory work, committees may draw on information provided by the White House as well as information collected by the committees. Hearings provide a public forum to discuss a nomination and any issues related to the program or agency for which the nominee would be responsible. Even if confirmation is thought to be a virtual certainty, hearings may provide Senators and the nominee with an opportunity to go on the record with particular views or commitments. Senators may use hearings to explore a nominee's qualifications, articulate a policy perspective, or raise related oversight issues. Some committees hold hearings on nearly all nominations; others hold hearings for only some. The committee may discontinue acting on a nomination at any point -- upon referral, after investigation, or after a hearing. If the committee votes to report the nomination back to the full Senate, it has three options: it may report the nomination to the Senate favorably, unfavorably, or without recommendation. If the committee elects not to report a nomination, the Senate may, under certain circumstances, discharge the committee from further consideration of the nomination in order to bring it to the floor.10 Although the Senate confirms most nominations, some are not confirmed. Rarely, however, does a rejection occur on the Senate floor. Nearly all rejections occur in committee, either by committee vote or by committee inaction. Rejections in committee occur for a variety of reasons, including opposition to the nomination, an inadequate amount of time for consideration of the nomination, or factors that may have nothing to do with the merits of the nomination. If a nomination is not acted upon by the Senate by the end of a Congress, it is returned to the President. Pending nominations also may be returned automatically to the President at the beginning of 8 For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, and CRS Report RL31948, Evolution of the Senate's Role in the Nomination and Confirmation Process, A Brief History, by Betsy Palmer. 9 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 10 For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, p. 7. CRS-5 a recess of 30 days or longer, but the Senate rule providing for this return is often waived.11 Appointment. In the final stage, the confirmed nominee is given a commission signed by the President, with the seal of the United States affixed thereto, and is sworn into office. The President may sign the commission at any time after confirmation. Once the appointee is given the commission and sworn in, he or she has full authority to carry out the responsibilities of the office. Recess Appointments The Constitution also enables the President to make an appointment without Senate confirmation when the Senate is in recess, either during a session (intrasession recess appointment) or between sessions (intersession recess appointment). Recess appointments expire at the end of the following session of Congress.12 Appendix C provides a table showing the dates of the Senate recesses for the 108th Congress and the number of recess appointments during each recess. Presidents have occasionally used the recess appointment power to circumvent the confirmation process. In response, Congress has placed restrictions on the President's authority to make a recess appointment. Under 5 U.S.C. § 5503(a), if the position to which the President makes a recess appointment falls vacant while the Senate is in session, the recess appointee may not be paid from the Treasury until he or she is confirmed by the Senate. The salary prohibition does not apply (1) if the vacancy arose within 30 days before the end of the session; (2) if a nomination for the office (other than the nomination of someone given a recess appointment during the preceding recess) was pending when the Senate recessed; or (3) if a nomination was rejected within 30 days before the end of the session and another individual was given the recess appointment. A recess appointment falling under any one of these three exceptions must be followed by a nomination to the position not later than 40 days after the beginning of the next session of the Senate.13 For this reason, when a recess appointment is made, the President generally submits a new nomination for the nominee even when an old nomination is pending.14 In addition, although recess appointees whose nominations to a full term are subsequently rejected by the Senate 11 The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th Cong., 1st sess., S. Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. For an example of a waiver of the rule, see Sen. John E. Sununu, "Nomination in Status Quo," Congressional Record, daily edition, vol. 149, July 31, 2003, p. S10844. 12 U.S. Constitution, Art. II, § 2, cl. 3. 13 Congress placed limits on payments to recess appointees as far back as 1863. The current provisions date from 1940 (ch. 580, 54 Stat. 751, 5 U.S.C. § 56, revised, and recodified at 5 U.S.C. § 5503, by P.L. 89-554, 80 Stat. 475). For a legal history and overview of recess appointments, see CRS Report 87-832 A, Recess Appointments: Legal Overview, by Richard C. Ehlke (archived; contact Henry Hogue for more information). 14 For further information on recess appointments, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue; and CRS Report RL30821, Recess Appointments Made by President Clinton, by Rogelio Garcia. CRS-6 may continue to serve until the end of their recess appointment, a provision of the Treasury and General Government Appropriations Act may prevent them from being paid after their rejection.15 Temporary Appointments Congress has provided limited statutory authority for the temporary filling of vacant positions requiring Senate confirmation. Under the Federal Vacancies Reform Act of 1998,16 when an executive agency position requiring confirmation becomes vacant, it may be filled temporarily in one of three ways: (1) the first assistant to such a position may automatically assume the functions and duties of the office; (2) the President may direct an officer in any agency who is occupying a position requiring Senate confirmation to perform those tasks; or (3) the President may select any officer or employee of the subject agency who is occupying a position for which the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level and who has been with the agency for at least 90 of the preceding 365 days. The temporary appointment is for 210 days, but the time restriction is suspended if a first or second nomination for the position is pending. In addition, during a presidential transition, the 210-day restriction period does not begin until either 90 days after the President assumes office, or 90 days after the vacancy occurs, if it is within the 90- day inauguration period. The act does not apply to positions on multi-headed regulatory boards and commissions or to certain other specific positions which may be filled temporarily under other statutory provisions.17 Appointments During the 108th Congress During the 108th Congress, President George W. Bush submitted to the Senate 40 nominations to full-time positions in independent and other agencies. Of these nominations, 31 were confirmed and nine were returned to the President; none were withdrawn. The President made four recess appointments during this period to positions in organizations covered in this report (the Environmental Protection Agency and the U.S. Agency for International Development). Two of these appointments occurred during the 2004 Memorial Day recess and two during the 2004 August recess. All four of these recess appointments would have expired at the end of the first session of the 109th Congress. Before this time, the Senate confirmed nominations of each of these four appointees to their respective positions. Table 1 summarizes the appointment activity. 15 P.L. 108-447, Div. H, § 609; 118 Stat. 3274. The provision reads, "No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person." This provision has been part of this annual funding activity since at least 1950. 16 P.L. 105-277, Div. C, Title I, § 151; 112 Stat. 2681-611; 5 U.S.C. §§ 3345-3349d. 17 For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act: Congress Acts to Protect the Senate's Confirmation Prerogative, by Morton Rosenberg. CRS-7 Table 1. Appointment Action for 42 Independent and Other Agencies During the 108th Congress Positions at the 42 independent and other agencies (total) 118 Positions to which nominations were made 36 Individual nominees 36 Nominations submitted to the Senate during the 108th Congress (total) 40 Disposition of nominations Confirmed by the Senate 31 Returned at the end of the 2nd session of the 108th Congress 9 Withdrawn 0 Recess Appointments (total) 4 Intrasession 4 Intersession 0 Average Time to Confirm a Nomination The length of time a given nomination may be pending in the Senate varies widely. Some nominations are confirmed within a few days, others may not be confirmed for several months, and some are never confirmed. This report provides, for each independent agency nomination confirmed in the 108th Congress, the number of days between nomination and confirmation ("days to confirm"). These counts exclude days during August recesses and between sessions of Congress. This cutoff point is suggested by the Senate rules, which provide that, "if the Senate shall adjourn or take recess for more than thirty days, all nominations pending and not finally acted upon" shall be returned to the President, although this rule is often waived.18 The 31 days during the August 2003 recess, the 41 days between the first and second sessions of the 108th Congress, and the 46 days during the August 2004 recess were subtracted from the "days to confirm" for those nominations that spanned one or more recesses. Although it also exceeded 30 days, no days were subtracted for a 35-day recess during October and November 2004 in order to maintain consistency with similar reports for previous Congresses. The mean (average) number of days taken by the Senate to confirm a nomination to a position covered by this report was 114.19 Of the 31 confirmed nominations, 20 were confirmed in less than this amount of time, and 11 took longer. The median number of days taken by the Senate was 77. The duration of the confirmation process varied considerably, with eight taking 60 days or less, and four taking longer than 250 days. The shortest confirmation, of Porter J. Goss to be Director of the Central Intelligence Agency, took 15 days, while the longest 18 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th Cong., 1st sess., S.Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 19 See Appendix B for a further breakdown. CRS-8 confirmation, of William A. Chatfield to be Director of the Selective Service System, took 358 days. Organization of this Report Agency Profiles. The agency profiles provide data on presidential nominations and appointments to full-time positions requiring Senate confirmation, and Senate action on the nominations. Data20 on appointment actions during the 108th Congress appear in two tables for each agency, "Appointment Action During 108th Congress" and "Positions and Incumbents in Department as of January 3, 2005." As noted, some agencies had no appointment activity during this period of time. The appointment action table provides, in chronological order, information concerning each nomination. It shows the name of the nominee, position involved, date of nomination or appointment, date of confirmation, and number of days between receipt of a nomination and confirmation. As discussed earlier (see "Average Time to Confirm a Nomination," above), the numbers of days shown in the tables in this report exclude days during the longer recesses around August and between sessions of Congress. Actions other than confirmation (i.e., nominations rejected by the Senate and nominations returned to, or withdrawn by, the President) are also noted. Some nominees identified in this report were nominated more than once for the same position because of a recess appointment. When a nominee is awaiting Senate action and he or she is given a recess appointment, a second, follow- up, nomination is usually submitted to comply with the requirements of 5 U.S.C. § 5503(b) (see "Recess Appointments," above). In tables that show more than one confirmed nomination, the mean number of days to confirm a nomination is provided. This figure is determined by calculating the number of days between the nomination and confirmation dates, adding these numbers for all confirmed nominations, and dividing the result by the number of nominations confirmed. The second table of each profile identifies the agency's full-time positions requiring Senate confirmation and the incumbents in those positions as of January 3, 2005. An incumbent's name followed by "(A)" indicates an official who is serving in an acting capacity. A blank space indicates that either the position is vacant or current information about the position-holder was not available from the agency. The table also includes the pay level for each position. For presidentially appointed 20 This report was compiled from data from the nominations file of the Senate Executive Files database of the Legislative Information System (LIS), available at [http://www. congress.gov/nomis/]; the "Plum Book" (U.S. Congress, House Committee on Government Reform, United States Government Policy and Supporting Positions, 108th Cong., 2nd sess., Committee Print, Nov. 22, 2004 (Washington: GPO, 2004)); and telephone discussions with agency officials. Information concerning position incumbents was also drawn from nomination and confirmation data supplemented by information from the following two federal agency directories: The Leadership Library on the Internet, Federal Yellow Book, at [http://www.leadershipdirectories.com/fyb.htm] (New York: Leadership Directories, Inc); and CQ Press, 2004/Fall Federal Staff Directory, 46th ed. (Washington: CQ Press, 2004). CRS-9 positions requiring Senate confirmation, the pay levels generally fall under the Executive Schedule, which ranges from Level I ($180,100) for cabinet level offices to Level V ($131,400) for the lowest-ranked positions.21 Additional Appointment Information. Appendix A presents a table of all nominations to positions in all of the organizations covered by this report, alphabetically organized and following a similar format to that of the agency appointment action tables. It identifies the agency involved and the dates of nomination and confirmation. The table also indicates if a nomination was confirmed, withdrawn, or returned, or if a recess appointment was made. The mean number of days taken to confirm a nomination is calculated as described above. The table also shows the median, which is the middle number when the "days to confirm" data for all the confirmed nominations are arranged in numerical order. Appendix B provides a table with summary information on appointments and nominations by four agency categories: independent executive agencies, agencies in the EOP, multilateral banking organizations, and agencies in the legislative branch. For each of these categories, the table provides the number of positions, nominations, individual nominees, confirmations, nominations returned, and nominations withdrawn. The table also provides, for each of the four categories, the mean number of days to confirm a nomination. Appendix C provides a list of department abbreviations. 21 The salary figures are as of Jan. 2005. For information on pay for federal officials, see CRS Report 98-53, Salaries of Federal Officials: A Fact Sheet, by Barbara L. Schwemle. CRS-10 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN INDEPENDENT AGENCIES Appalachian Regional Commission No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Federal Co-Chair Anne B. Pope III Alternate Federal Co-Chair Richard J. Peltz V Broadcasting Board of Governors No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a Director, International Broadcasting Bureau IV a Seth Cropsey, the former director, resigned his position on Jan. 1, 2005. CRS-11 Central Intelligence Agency/ Intelligence Community Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Larry C. Deputy Director-Community 05/11/04 07/22/04 72 Kindsvater Management Porter J. Goss Director 09/07/04 09/22/04 15 Average number of days to confirm a nomination 44 Positions and Incumbents in Agency/Community as of January 3, 2005a Position Incumbent Pay Level Director Porter J. Goss II b Deputy Director III Deputy Director - Community Management Larry C. Kindsvater III Assistant Director - Administration IV Assistant Director - Analysis and Production IV Assistant Director - Collection IV General Counsel IV Inspector General John L. Helgerson IV a th The 108 Congress enacted the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), which, among other things, changed the leadership structure of the Central Intelligence Agency and the Intelligence Community. These changes are not reflected here because they did not take effect until after the end of the 108th Congress. b John E. McLaughlin announced his retirement as deputy director effective Dec. 30, 2004. CRS-12 Corporation for National and Community Service Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm a David Eisner Chief Executive Officer 09/15/03 12/09/03 85 Edward L. Flippen Inspector General 10/07/04 Returned 12/08/04a Average number of days to confirm a nomination 85 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level President and Chief Executive Officer David Eisner III Chief Financial Officer Andrew Kleine (A) IV Managing Director IV Managing Director IV Inspector General Carol Bates (A) IV a Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-13 Court Services and Offender Supervision Agency to the District of Columbia No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Directora Paul A. Quander, Jr. IV a Six-year term; incumbent may be removed from office prior to the expiration of term only for neglect of duty, malfeasance in office, or other good cause shown. (District of Columbia Code 24-133(b)(1)). Quander's term expires on Aug. 4, 2008. Delta Regional Authority No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Federal Co-Chair Patrick H. Johnson III CRS-14 Environmental Protection Agency Appointment Action in the 108th Congress Nominee Position Nominated Confirmed Days to confirm Michael O. Leavitt Administrator 09/03/03 10/28/03 55 Charles Johnson Chief Financial Officer 01/21/04 11/21/04 259 Stephen L. Johnson Deputy Administrator 01/21/04 11/21/04 259 Ann R. Klee General Counsel 03/01/04 11/21/04 219 Benjamin Grumbles Asst. Admin. - Water 03/01/04 11/21/04 219 a Charles Johnson Chief Financial Officer Recess Appointment 05/28/04 Ann R. Klee General Counsel Recess Appointment 05/28/04a Ann R. Klee General Counsel 06/24/04 Returned 12/08/04b Charles Johnson Chief Financial Officer 06/24/04 Returned 12/08/04b Stephen L. Johnson Deputy Administrator Recess Appointment 08/02/04a Thomas V. Skinner Asst. Admin. - Enforcement 09/08/04 Returned 12/08/04c and Compliance Assurance Stephen L. Johnson Deputy Administrator 09/10/04 Returned 12/08/04b Average number of days to confirm a nomination 202 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level d Administrator Michael O. Leavitt II Deputy Administrator Stephen L. Johnson III Assistant Administrator - Administration and Resources David J. O'Connor (A) IV Management Assistant Administrator - Air and Radiation Jeffrey R. Holmstead IV Assistant Administrator - Enforcement and Compliance Assurance Thomas V. Skinner (A) IV Assistant Administrator - Environmental Information Kimberly T. Nelson IV Assistant Administrator - International Affairs Judith E. Ayres IV Assistant Administrator - Prevention, Pesticides and Toxic Susan B. Hazen (A) IV Substances Assistant Administrator - Research and Development J. Paul Gilman IV Assistant Administrator - Solid Waste and Emergency Response Thomas Dunne (A) IV Assistant Administrator - Water Benjamin Grumbles IV e Chief Financial Officer Charles Johnson IV General Counsel Ann R. Klee IV Inspector General Nikki L. Tinsley IV a These three recess appointments would have expired at the end of the first session of the 109th Congress, by which time their nominations would have been confirmed by the Senate, as shown. b When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provision of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. d Leavitt was nominated by the President to the position of Secretary, Department of Health and Human Services on Jan. 4, 2005 and confirmed by the Senate on Jan. 26, 2005. Upon Leavitt's resignation from EPA, Deputy Administrator Johnson became the Acting Administrator. e The chief financial officer may be appointed by the President with the advice and consent of the Senate, or designated by the President from among agency officials confirmed by the Senate for another position (31 U.S.C. § 901(a)(1)). CRS-15 Federal Mediation and Conciliation Service No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director Scot L. Beckenbaugh (A) a III a Peter J. Hurtgen, the former director, announced his retirement effective Dec. 31, 2004. General Services Administration Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Bryan David Miller Inspector General 10/07/04 Returned 12/08/04a Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Administrator Stephen A. Perry III Inspector General Daniel R. Levinson IV a th Returned to the President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-16 Millennium Challenge Corporationa Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Paul V. Applegarth Chief Executive Officer 02/23/04 05/05/04 72 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director Paul V. Applegarth II a P.L.108-199, Division D, Title VI, § 604, established the Millennium Challenge Corporation. National Aeronautics and Space Administration Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Gwendolyn Brown Chief Financial Officer 07/17/03 11/04/03 79 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Administrator Sean O'Keefea II Deputy Administrator Frederick D. Gregory III b Chief Financial Officer Gwendolyn Brown IV Inspector General Robert W. Cobb IV a O'Keefe sent his resignation to the President on Dec. 13, 2004, and stated that he would remain in his position until a successor was nominated and confirmed. Upon O'Keefe's departure on Feb. 18, 2005, Deputy Administrator Gregory became the Acting Administrator. b The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. § 901(a)(1)). CRS-17 National Archives and Records Administration Appointment Action in the 108th Congress Days to Nominee Position Nominate Confirmed confirm d Allen Weinstein Archivist 04/08/04 Returned 12/08/04a Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Archivistb John W. Carlinc III a th Returned to the President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b The President may remove the archivist at any time, but must communicate the reasons for such removal to Congress (44 U.S.C. § 2103). c Carlin submitted his resignation on Dec. 19, 2003 and left the position on Feb. 16, 2005. On Jan. 24, 2005, Weinstein was nominated again in the 109th Congress to be Archivist. He was confirmed by the Senate on Feb. 10, 2005, and was sworn in as the ninth Archivist on Feb. 16, 2005. National Foundation on the Arts and Humanities Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Dana Gioia Chair - National Endowment for 01/09/03 01/29/03 20 the Arts Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Chair - National Endowment for the Artsa Dana Gioia III b Chair - National Endowment for the Humanities Bruce Cole III Director - Institute of Museum and Library Servicesc Robert S. Martin III a Term of office is four years; when term expires, incumbent may remain in office until a successor is appointed (20 U.S.C. § 954(b)). Gioia's term expires Feb. 10, 2007. b Term of office is four years; when term expires, incumbent may remain in office until a successor is appointed (20 U.S.C. § 956(b)). Cole's term expires Dec. 10, 2005. c Term of office is four years (20 U.S.C. § 9103(2)). Martin's term expires July 13, 2005. CRS-18 National Science Foundation Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Arden L. Director 10/15/04 11/21/04 37 Bement Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Directora Arden L. Bement II Deputy Director Joseph Bordogna III a Term of office is six years, but the President may remove the incumbent at any time. The incumbent must leave office when term expires (42 U.S.C. § 1864(a)). Office of Government Ethics Appointment Action in the 108th Congress Days to Nominee Position Nominate Confirmed confirm d Edwin D. Director 05/20/04 Returned Williamson 12/08/04a Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Directorb Marilyn L. Glynn (A) III a th Returned to the President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b Term of office is five years; the incumbent must leave office when the term expires (5 U.S.C. App., § 401). CRS-19 Office of Navajo and Hopi Indian Relocation No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a Commissioner IV a There has not been a confirmed Commissioner for the Office of Navajo and Hopi Indian Relocation since the resignation of Carl J. Kunasek on Apr. 12, 1994. Office of Personnel Management No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Directora Kay Coles Jamesb II Deputy Director Dan G. Blair III Inspector General Patrick E. McFarland IV a Term of office is four years, but the President may remove the incumbent at any time. The incumbent must leave office when term expires (5 U.S.C. § 1102(a)). b James announced her resignation Jan. 31, 2005. Deputy Director Blair became Acting Director on Feb. 1, 2005. CRS-20 Office of Special Counsel Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Scott J. Bloch Special Counsel 06/26/03 12/09/03 135 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a Special Counsel Scott J. Bloch V a Term of office is five years; incumbent may continue to serve for one year after his or her term expires. The President may remove incumbent from office only for inefficiency, neglect of duty, or malfeasance in office (5 U.S.C. § 1211(b)). Overseas Private Investment Corporation No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level President Peter S. Watson III Executive Vice President Ross J. Connelly IV CRS-21 Peace Corps No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director Gaddi H. Vasquez II Deputy Director Josephine K. Olsen IV Selective Service System Appointment Action in the 108th Congress Days to Nominee Position Nominate Confirmed confirm d William A. Director 09/03/03 11/21/04 358 Chatfield Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director William A. Chatfield IV Small Business Administration Appointment Action in the 108th Congress Days to Nominee Position Nominate Confirmed confirm d Harold Damelin Inspector General 01/09/03 03/31/03 81 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Administrator Hector V. Barreto III Deputy Administrator Melanie Sabelhaus IV Chief Counsel for Advocacy Thomas M. Sullivan IV Inspector General Harold Damelin IV CRS-22 Social Security Administration Appointment Action in the 108th Congress Days to Nominee Position Nominate Confirmed confirm d Patrick P. Inspector General 04/08/04 11/21/04 181 O'Carroll Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Commissionera Jo Anne B. Barnhart I b Deputy Commissioner James B. Lockhart III II Inspector General Patrick P. O'Carroll IV a Term of office is six years. When a term expires, the incumbent may continue in office until a successor is appointed. The President may remove an incumbent only for neglect of duty or malfeasance in office (42 U.S.C. § 902(a)). Barnhart's term expires Jan. 19, 2007. b Term of office is six years. (42 U.S.C. § 902(b)). There is no provision regarding removal or continuing in office after a term expires. Trade and Development Agency No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director Thelma J. Askey III CRS-23 U.S. Agency for International Developmenta Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Douglas Menarchik Asst. Admin.- Policy and 09/08/04 11/21/04 74 Program Coordination James R. Kunder Asst. Admin. - Asia/Near East 05/11/04 11/21/04 148 James R. Kunder Asst. Admin. - Asia/Near East Recess Appointment 08/02/04b James R. Kunder Asst. Admin. - Asia/Near East 09/10/04 Returned 12/08/04c Lloyd O. Pierson Asst. Admin. - Sub-Saharan 07/21/04 11/21/04 77 Africa Average number of days to confirm a nomination 100 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Administrator Andrew S. Natsios II Deputy Administrator Frederick W. Schieck III Assistant Administrator - Sub-Saharan Africa Lloyd O. Pierson IV Assistant Administrator - Asia and Near East James R. Kunder IV Assistant Administrator - Latin American and Caribbean Adolpho A. Franco IV Assistant Administrator - Europe and Eurasia Kent R. Hill IV d Assistant Administrator - Global Health E. Anne Peterson IV Assistant Administrator - Economic Growth/Agriculture/Trade Emmy B. Simmons IV Assistant Administrator - Democracy/Conflict/Humanitarian Roger P. Winter IV Assistance Assistant Administrator - Management Steven G. Wisecarver IV (A) Assistant Administrator - Legislative and Public Affairs J. Edward Fox IV Assistant Administrator - Policy and Program Coordination Douglas Menarchik IV Inspector General James R. Ebbitt (A) IV a The United States Agency for International Development (USAID) is an independent establishment as defined by 5 U.S.C. § 104, with certain limitations (22 U.S.C. § 6563 (a)). The USAID director "shall report to and be under the direct authority and foreign policy guidance of the Secretary of State" (22 U.S.C. § 6592). b This recess appointment would have expired at the end of the first session of the 109th Congress, by which time the nomination would have been confirmed by the Senate, as shown. c When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provision of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. d Kent R. Hill was appointed Acting Assistant Administrator - Global Health on Jan. 21, 2005. CRS-24 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN THE EXECUTIVE OFFICE OF THE PRESIDENT Council of Economic Advisers Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Nicholas Gregory Member 04/28/03 05/22/03 24 Mankiw Kristin J. Forbes Member 07/15/03 10/17/03 63 Harvey S. Rosen Member 07/15/03 10/17/03 63 Average number of days to confirm a nomination 50 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Chaira N. Gregory Mankiw II Member Kristin J. Forbes IV Member Harvey S. Rosen IV a The chair and vice-chair are designated by the President (15 U.S.C. § 1023(a)). No vice-chair had been designated as of Jan. 3, 2005. Council on Environmental Qualitya No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Chair James L. Connaughton II a The Council consists of one member who serves as chairman. CRS-25 Office of Management and Budget Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Linda M. Springer Controller - Federal 01/09/03 03/31/03 81 Financial Management Clay Johnson III Deputy Director for 01/28/03 06/11/03 134 Management Joshua B. Bolten Director 06/03/03 06/26/03 23 Joel David Kaplan Deputy Director 07/11/03 07/31/03 20 David Safavian Admin. for Federal 01/22/04 11/21/04 258 Procurement Policy Average number of days to confirm a nomination 103 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director Joshua B. Bolten I Deputy Director Joel David Kaplan II Deputy Director - Management Clay Johnson III II Controller - Office of Federal Financial Linda M. Springer III Management Administrator - Office of Federal David Safavian IV Procurement Policy Administrator - Office of Information and John D. Graham IV Regulatory Affairs Office of National Drug Control Policy No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director John P. Walters I Deputy Director Mary Ann Solberg III Deputy Director - Demand Reduction III Deputy Director - Supply Reduction III Deputy Director - State and Local Scott M. Burns III CRS-26 Office of Science and Technology Policy No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Director John H. Marburger III II Associate Director - Science Kathie L. Olsen III Associate Director - Technology Richard M. Russell III Office of the U.S. Trade Representative Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirme confirm d Josette Sheeran Dep. U.S. Trade 06/02/03 08/01/03 60 Shiner Representative Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a U.S. Trade Representative Robert B. Zoellick I Deputy U.S. Trade Representative Peter F. Allgeier III Deputy U.S. Trade Representative Linnet F. Deily III Deputy U.S. Trade Representative Josette Sheeran Shiner III Chief Agricultural Negotiator Allen F. Johnson III a Zoellick was nominated by the President on Feb. 10, 2005 to be Deputy Secretary of State. He was confirmed by the Senate on Feb. 16, 2005 and sworn in on Feb. 22, 2005. Upon Zoellick's resignation, Deputy U.S. Trade Representative Allgeier became the Acting U.S. Trade Representative. CRS-27 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN MULTILATERAL ORGANIZATIONS African Development Bank No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a U.S. Director Cynthia S. Perry a "The Director ... representing the United States, if [a citizen] of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 ..." (22 U.S.C. § 290i-2). Asian Development Bank No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a U.S. Executive Director Paul W. Speltz a "The Director may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 ..." (22 U.S.C. § 285a (b)). European Bank for Reconstruction and Development No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a U.S. Director Mark Sullivan a The statutory basis for this position, 22 U.S.C. § 290l-1, makes no provision regarding the compensation of the position holder. CRS-28 Inter-American Development Bank Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirmed confirm Hector E. Morales U.S. Alternate Executive 09/03/03 12/09/03 64 Director Hector E. Morales U.S. Executive Director 07/22/04 11/21/04 76 Average number of days to confirm a nomination 70 Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level b U.S. Executive Directora Hector E. Morales U. S. Alternate Executive Director a Term of office is three years; incumbent remains in office when a term expires until a successor is appointed (22 U.S.C. § 283a(b)). b "No person shall be entitled to receive any salary or other compensation from the United States for services as ... executive director." (22 U.S.C. § 283a(c)). International Bank for Reconstruction and Development (World Bank) No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level c U.S. Executive Directora Carole Brookins c U.S. Alternate Executive Directorb Robert B. Holland III a Term of office is two years; the incumbent may remain in office when a term expires until a successor is appointed (22 U.S.C. § 286a(a)). Brookins resigned Jan. 14, 2005. b Term of office is two years; the incumbent may remain in office when a term expires until a successor is appointed (22 U.S.C. § 286a(b)). c "No person shall be entitled to receive any salary or other compensation from the United States for services as ... executive director , ... alternate ..." (22 U.S.C. § 286a(d)(1)). CRS-29 International Joint Commission, U.S. and Canada Appointment Action in the 108th Congress Days to Nominee Position Nominated Confirme confirm d Dennis L. Commissioner, U.S. Section 01/09/03 10/03/03 236 Schornack Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level Chair, U.S. Section Dennis L. Schornack IV Commissioner, U.S. Section Irene B. Brooks V Commissioner, U.S. Section Allen I. Olson V International Monetary Fund No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level b U.S. Executive Directora Nancy Jacklin b U.S. Alternate Executive Directora Margrethe Lundsager a Term of office is two years; the incumbent may remain in office when a term expires until a successor is appointed (22 U.S.C. § 286a(a)). b "No person shall be entitled to receive any salary or other compensation from the United States for services as ... executive director, ... alternate ..." (22 U.S.C. § 286a(d)(1)). CRS-30 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN LEGISLATIVE BRANCH AGENCIES Architect of the Capitol No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level b a Architect of the Capitol Alan M. Hantman a The architect is appointed to a 10-year term. Hantman's term expires Jan. 30, 2007. b As provided in 2 U.S.C. § 1802, the "compensation of the Architect of the Capitol shall be at an annual rate which is equal to the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate." Government Accountability Office No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level b a Comptroller General David M. Walker d b Deputy Comptroller Generalc a The Comptroller General is appointed to a 15-year term, with no hold-over provision when the term expires. He may be removed before the term expires only by a joint resolution of Congress, for permanent disability, inefficiency, neglect of duty, malfeasance, or a felony or conduct involving moral turpitude (31 U.S.C. § 703(e)(1)). Walker's term expires Oct. 20, 2013. b Under 31 U.S.C. § 703(f), the "annual rate of basic pay of the - (1) Comptroller General is equal to the rate for level II of the Executive Schedule; and (2) Deputy Comptroller General is equal to the rate for level III of the Executive Schedule." c The term of the deputy comptroller general expires upon the appointment of a new Comptroller General, or when a successor is appointed. d No one has been nominated to this office for at least 25 years. CRS-31 Government Printing Office Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a Public Printer Bruce R. James a Under 44 U.S.C. § 303, the "annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level II of the Executive Schedule under subchapter II of chapter 53 of title 5." Library of Congress No Appointment Action in the 108th Congress Positions and Incumbents in Agency as of January 3, 2005 Position Incumbent Pay Level a Librarian of Congress James H. Billington a Under 2 U.S.C. § 136a-2(1), "the Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of title 5." CRS-32 Appendix A. Alphabetical Listing of Nominees and Appointees, January 3, 2003 - January 3, 2005 Nomination Confirm- Days to Nominee Position Agencya Date ation Date confirm Paul V. Applegarth Chief Executive Officer MCC 02/23/04 05/05/04 72 Arden L. Bement Director NSF 10/15/04 11/21/04 37 Scott J. Bloch Special Counsel OSC 06/26/03 12/09/03 135 Joshua B. Bolten Director OMB 06/03/03 06/26/03 23 Gwendolyn Brown Chief Financial Officer NASA 07/17/03 11/04/03 79 William A. Chatfield Director SSS 09/03/03 11/21/04 358 Harold Damelin Inspector General SBA 01/09/03 03/31/03 81 David Eisner Chief Executive Officer CNCS 09/15/03 12/09/03 85 Edward L. Flippen Inspector General CNCS 10/07/04 Returned 12/08/04 Kristin J. Forbes Member CEA 07/15/03 10/17/03 63 Dana Gioia Chair, National Endowment for the Arts NFAH 01/09/03 01/29/03 20 Porter J. Goss Director CIA 09/07/04 09/22/04 15 Benjamin Grumbles Asst. Admin. - Water EPA 03/01/04 11/21/04 219 Charles Johnson Chief Financial Officer EPA 01/21/04 11/21/04 259 Charles Johnson Chief Financial Officer EPA Recess Appointment 05/28/04 Charles Johnson Chief Financial Officer EPA 06/24/04 Returned 12/08/04 Clay Johnson III Deputy Director for Management OMB 01/28/03 06/11/03 134 Stephen L. Johnson Deputy Administrator EPA 01/21/04 11/21/04 259 Stephen L. Johnson Deputy Administrator EPA Recess Appointment 08/02/04 Stephen L. Johnson Deputy Administrator EPA 09/10/04 Returned 12/08/04 Joel D. Kaplan Deputy Director OMB 07/11/03 07/31/03 20 Larry C. Kindsvater Deputy Director-Community CIA 05/11/04 07/22/04 72 Management Ann R. Klee General Counsel EPA 03/01/04 11/21/04 219 Ann R. Klee General Counsel EPA Recess Appointment 05/28/04 Ann R. Klee General Counsel EPA 06/24/04 Returned 12/08/04 James R. Kunder Asst. Admin. - Asia/Near East USAID 05/11/04 11/21/04 148 James R. Kunder Asst. Admin. - Asia/Near East USAID Recess Appointment 08/02/04 James R. Kunder Asst. Admin. - Asia/Near East USAID 09/10/04 Returned 12/08/04 Michael O. Leavitt Administrator EPA 09/03/03 10/28/03 55 N. Gregory Mankiw Member CEA 04/28/03 05/22/03 24 Douglas Menarchik Asst. Admin. - Policy and Program USAID 09/08/04 11/21/04 74 Coordination Bryan David Miller Inspector General GSA 10/07/04 Returned 12/08/04 Hector E. Morales U.S. Alternate Executive Director IADB 09/03/03 12/09/03 64 Hector E. Morales U.S. Executive Director IADB 07/22/04 11/21/04 76 Patrick P. O'Carroll Inspector General SSA 04/08/04 11/21/04 181 Lloyd O. Pierson Asst. Admin. - Sub-Saharan Africa USAID 07/21/04 11/21/04 77 Harvey S. Rosen Member CEA 07/15/03 10/17/03 63 David Safavian Admin. for Federal Procurement Policy OMB 01/22/04 11/21/04 258 Dennis L. Schornack Commissioner, U.S. Section IJC 01/09/03 10/03/03 236 CRS-33 Nomination Confirm- Days to Nominee Position Agencya Date ation Date confirm Josette Sheeran Shiner Dep. U.S. Trade Representative OUSTR 06/02/03 08/01/03 60 Thomas V. Skinner Asst. Admin. - Enforcement and EPA 09/08/04 Returned 12/08/04 Compliance Assurance Linda M. Springer Controller - Federal Financial OMB 01/09/03 03/31/03 81 Management Allen Weinstein Archivist NARA 04/08/04 Returned 12/08/04 Edwin D. Williamson Director OGE 05/20/04 Returned 12/08/04 Mean number of days to confirm nomination 114 Median number of days to confirm nomination 77 a Agency abbreviations are found in Appendix C. CRS-34 Appendix B. Appointment Action During the 108th Congress, by Agency Grouping Mean Agency Individual Confir Nomination Nomination days to grouping Position Nomination nominees a m-ations s returned s confirm s s Withdrawn Independent 78 28 24 19 9 0 129 agencies Executive 23 9 9 9 0 0 81 Office of the President Multilateral 12 3 3 3 0 0 125 units Legislative 5 0 0 0 0 0 n.a. agencies Total 118 40 36 31 9 0 a This column counts Hector E. Morales twice, since he was nominated to two different positions over the course of the 108th Congress. CRS-35 Appendix C. Agency Abbreviations Independent Agencies ARC Appalachian Regional Commission BBG Broadcasting Board of Governors CIA Central Intelligence Agency CNCS Corporation for National and Community Service CSOSA Court Services and Offender Supervision Agency for the District of Columbia DRA Delta Regional Authority EPA Environmental Protection Agency FEMA Federal Emergency Management Agency FMCS Federal Mediation and Conciliation Service GSA General Services Administration MCC Millennium Challenge Corporation NARA National Archives and Records Administration NASA National Aeronautics and Space Administration NFAH National Foundation on the Arts and Humanities NSF Science Foundation OGE Office of Government Ethics ONHIR Office of Navajo and Hopi Indian Relocation OPIC Overseas Private Investment Corporation OPM Office of Personnel Management OSC Office of Special Counsel PC Peace Corps SBA Small Business Administration SSA Social Security Administration SSS Selective Service System TDA Trade Development Agency USAID United States Agency for International Development Executive Office of the President (EOP) CEA Council of Economic Advisers CEQ Council on Environmental Quality OMB Office of Management and Budget ONDCP Office of National Drug Control Policy OSTP Office of Science and Technology Policy OUSTR Office of U.S. Trade Representative Multilateral Banking Organizations AfDB African Development Bank AsDB Asian Development Bank EBRD European Bank for Reconstruction and Development IADB Inter-American Development Bank IBRD International Bank for Reconstruction and Development IJC International Joint Commission, U.S. and Canada IMF International Monetary Fund Legislative Branch Agencies AC Architect of the Capitol GAO Government Accountability Office GPO Government Printing Office LC Library of Congress ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32906