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 Of these, 31 were confirmed and nine were returned to the President; none were withdrawn.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.
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 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 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.
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.
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
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 a recess of 30 days or longer, but the Senate rule providing for this return is often waived.11
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.
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 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
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
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.
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 |
||
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 confirmation, of William A. Chatfield to be Director of the Selective Service System, took 358 days.
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 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
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.
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 |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Director, International Broadcasting Bureau |
IV |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Larry C. Kindsvater |
Deputy Director-Community Management |
05/11/04 |
07/22/04 |
72 |
|
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, 2005
|
Position |
Incumbent |
Pay Level |
|
Director |
Porter J. Goss |
II |
|
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 |
Note: The 108th 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.
a. John E. McLaughlin announced his retirement as deputy director effective Dec. 30, 2004.
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
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 |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
|
Charles Johnson |
Chief Financial Officer |
Recess Appointment 05/28/04a |
||
|
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 and Compliance Assurance |
09/08/04 |
Returned 12/08/04c |
|
|
Stephen L. Johnson |
Deputy Administrator |
09/10/04 |
Returned 12/08/04b |
|
|
Average number of days to confirm a nomination |
202 |
|||
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.
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Administrator |
Michael O. Leavitta |
II |
|
Deputy Administrator |
Stephen L. Johnson |
III |
|
Assistant Administrator - Administration and Resources Management |
David J. O'Connor (A) |
IV |
|
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 Substances |
Susan B. Hazen (A) |
IV |
|
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 |
|
Chief Financial Officerb |
Charles Johnson |
IV |
|
General Counsel |
Ann R. Klee |
IV |
|
Inspector General |
Nikki L. Tinsley |
IV |
a. 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.
b. 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)).
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Bryan David Miller |
Inspector General |
10/07/04 |
Returned 12/0804a |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
|
Chief Financial Officerb |
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)).
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Allen Weinstein |
Archivist |
04/08/04 |
Returned 12/08/04a |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Archivista |
John W. Carlinb |
III |
a. The President may remove the archivist at any time, but must communicate the reasons for such removal to Congress (44 U.S.C. § 2103).
b. 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.
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Dana Gioia |
Chair - National Endowment for the Arts |
01/09/03 |
01/29/03 |
20 |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Chair - National Endowment for the Artsa |
Dana Gioia |
III |
|
Chair - National Endowment for the Humanitiesb |
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.
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Arden L. Bement |
Director |
10/15/04 |
11/21/04 |
37 |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Directora |
Arden L. Bement |
II |
|
Deputy Director |
Joseph Bordogna |
III |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Edwin D. Williamson |
Director |
05/20/04 |
Returned 12/08/04a |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Directora |
Marilyn L. Glynn (A) |
III |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Commissioner |
IV |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
|
Special Counsela |
Scott J. Bloch |
V |
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 |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
William A. Chatfield |
Director |
09/03/03 |
11/21/04 |
358 |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Director |
William A. Chatfield |
IV |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Patrick P. O'Carroll |
Inspector General |
04/08/04 |
11/21/04 |
181 |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Commissionera |
Jo Anne B. Barnhart |
I |
|
Deputy Commissionerb |
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.
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Douglas Menarchik |
Asst. Admin.- Policy and Program Coordination |
09/08/04 |
11/21/04 |
74 |
|
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 08/02/04a |
||
|
James R. Kunder |
Asst. Admin. - Asia/Near East |
09/10/04 |
Returned 12/08/04b |
|
|
Lloyd O. Pierson |
Asst. Admin. - Sub-Saharan Africa |
07/21/04 |
11/21/04 |
77 |
|
Average number of days to confirm a nomination |
100 |
|||
Note: 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).
a. 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.
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.
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 |
|
Assistant Administrator - Global Health |
E. Anne Petersona |
IV |
|
Assistant Administrator - Economic Growth/Agriculture/Trade |
Emmy B. Simmons |
IV |
|
Assistant Administrator - Democracy/Conflict/Humanitarian Assistance |
Roger P. Winter |
IV |
|
Assistant Administrator - Management |
Steven G. Wisecarver (A) |
IV |
|
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Nicholas Gregory Mankiw |
Member |
04/28/03 |
05/22/03 |
24 |
|
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 |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Linda M. Springer |
Controller - Federal Financial Management |
01/09/03 |
03/31/03 |
81 |
|
Clay Johnson III |
Deputy Director for Management |
01/28/03 |
06/11/03 |
134 |
|
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 Procurement Policy |
01/22/04 |
11/21/04 |
258 |
|
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 Management |
Linda M. Springer |
III |
|
Administrator - Office of Federal Procurement Policy |
David Safavian |
IV |
|
Administrator - Office of Information and Regulatory Affairs |
John D. Graham |
IV |
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 |
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 |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Josette Sheeran Shiner |
Dep. U.S. Trade Representative |
06/02/03 |
08/01/03 |
60 |
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
U.S. Trade Representative |
Robert B. Zoellicka |
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 |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
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).
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
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)).
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
U.S. Director |
Mark Sullivan |
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Hector E. Morales |
U.S. Alternate Executive Director |
09/03/03 |
12/09/03 |
64 |
|
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 |
|
U.S. Executive Directora |
Hector E. Morales |
|
|
U. S. Alternate Executive Director |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
U.S. Executive Directora |
Carole Brookins |
|
|
U.S. Alternate Executive Directorc |
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. "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)).
c. 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)).
Appointment Action in the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Dennis L. Schornack |
Commissioner, U.S. Section |
01/09/03 |
10/03/03 |
236 |
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 |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
U.S. Executive Directora |
Nancy Jacklin |
|
|
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)).
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Architect of the Capitola |
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."
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Comptroller Generala |
David M. Walker |
|
|
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.
Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Public Printer |
Bruce R. James |
No Appointment Action in the 108th Congress
Positions and Incumbents in Agency as of January 3, 2005
|
Position |
Incumbent |
Pay Level |
|
Librarian of Congress |
James H. Billington |
Appendix A. Alphabetical Listing of Nominees and Appointees, January 3, 2003 -January 3, 2005
|
Nominee |
Position |
Agencya |
Nomination |
Confirmation |
Days to |
|
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 Management |
CIA |
05/11/04 |
07/22/04 |
72 |
|
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 Coordination |
USAID |
09/08/04 |
11/21/04 |
74 |
|
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 |
|
Josette Sheeran Shiner |
Dep. U.S. Trade Representative |
OUSTR |
06/02/03 |
08/01/03 |
60 |
|
Thomas V. Skinner |
Asst. Admin. - Enforcement and Compliance Assurance |
EPA |
09/08/04 |
Returned 12/08/04 |
|
|
Linda M. Springer |
Controller - Federal Financial Management |
OMB |
01/09/03 |
03/31/03 |
81 |
|
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 |
||||
Appendix B. Appointment Action During the 108th Congress, by Agency Grouping
|
Agency |
Positions |
Nominations |
Individual |
Confirmations |
Nominations |
Nominations |
Mean days to confirm |
|
Independent agencies |
78 |
28 |
24 |
19 |
9 |
0 |
129 |
|
Executive Office of the President |
23 |
9 |
9 |
9 |
0 |
0 |
81 |
|
Multilateral units |
12 |
3 |
3 |
3 |
0 |
0 |
125 |
|
Legislative agencies |
5 |
0 |
0 |
0 |
0 |
0 |
n.a. |
|
Total |
118 |
40 |
36 |
31 |
9 |
0 |
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—National 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
| 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 [author name scrubbed], "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. |
| 5. |
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 [author name scrubbed]. |
| 8. |
For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed], and CRS Report RL31948, Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History, by [author name scrubbed]. |
| 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 [author name scrubbed], p. 7. |
| 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 [author name scrubbed]. |
| 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 [author name scrubbed]. |
| 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. |
| 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). |
| 21. |
The salary figures are as of Jan. 2005. For information on pay for federal officials, see CRS Report RL33245, Legislative, Executive, and Judicial Officials: Process for Adjusting Pay and Current Salaries, by [author name scrubbed]. |