Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 112th Congress

The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. This report identifies all nominations that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 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.

Information for each agency is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each independent agency. Additional summary information across all agencies covered in the report appears in the appendix.

During the 112th Congress, the President submitted 34 nominations to the Senate for full-time positions in independent agencies, agencies in the EOP, multilateral agencies, and legislative branch agencies. Of these 34 nominations, 27 were confirmed, 1 was withdrawn, and 6 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 142.7 days elapsed between nomination and confirmation. The median number of days elapsed was 112.0.

The President made one recess appointment to a full-time position in an independent agency during the 112th Congress.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

This report will not be updated.

Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 112th Congress

January 13, 2015 (R43859)

Contents

Tables

Summary

The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. This report identifies all nominations that were submitted to the Senate for full-time positions in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 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.

Information for each agency is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each independent agency. Additional summary information across all agencies covered in the report appears in the appendix.

During the 112th Congress, the President submitted 34 nominations to the Senate for full-time positions in independent agencies, agencies in the EOP, multilateral agencies, and legislative branch agencies. Of these 34 nominations, 27 were confirmed, 1 was withdrawn, and 6 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 142.7 days elapsed between nomination and confirmation. The median number of days elapsed was 112.0.

The President made one recess appointment to a full-time position in an independent agency during the 112th Congress.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

This report will not be updated.


Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 112th Congress

Introduction

The President is responsible for appointing individuals to positions throughout the federal government. In some instances, the President makes these appointments using authorities granted to the President alone. Other appointments are made with the advice and consent of the Senate via the nomination and confirmation of appointees. Presidential appointments with Senate confirmation are often referred to with the abbreviation PAS. This report identifies, for the 112th Congress, all nominations to full-time positions requiring Senate confirmation in 40 organizations in the executive branch (27 independent agencies, 6 agencies in the Executive Office of the President [EOP], and 7 multilateral organizations) and 4 agencies in the legislative branch. It excludes appointments to executive departments and to regulatory and other boards and commissions.

A pair of tables presents information for each agency in this report. The first table in each pair provides information on full-time positions requiring Senate confirmation as of the end of the 112th Congress and the pay levels of those positions. The second table for each agency tracks appointment activity within the 112th Congress by the Senate (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). In some instances, no appointment action occurred within an agency during the 112th Congress.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

Related Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other appointments-related matters may be found at http://www.crs.gov.1

Appointments During the 112th Congress

During the 112th Congress, President Barack Obama submitted 34 nominations to the Senate for full-time positions in independent agencies, agencies in the EOP, multilateral agencies, and legislative branch agencies. Of these nominations, 27 were confirmed, 6 were returned to the President, and 1 was withdrawn. The President made one recess appointment during this period to a position in organizations covered in this report. Table 1 summarizes the appointment activity.

Table 1. Appointment Action for Independent and Other Agencies During the 112th Congress

Number of Positions at Independent and Other Agencies (total)

113

 

Positions to which nominations were made

32a

 

Individual nominees

34a

Number of Nominations Submitted to the Senate (total)

34a

 

Disposition of nominations

 

 

 

Confirmed by the Senate

27

 

 

Withdrawn

1

 

 

Returned at the end of the 2nd session of the 112th Congress

6

Recess Appointmentsb

1

Source: Table developed by the Congressional Research Service (CRS) using data presented in the appendices of this report.

a. The figures shown here reveal a distinction between the number of positions to which nominations were made (32), the number of individual nominees (34), and the total number of nominations submitted (34). This difference can occur for a few reasons. First, the President sometimes nominates more than one individual successively to an open position, usually following the return or withdrawal of the original nomination. Second, less frequently, the President nominates a single individual to more than one position over the course of the Congress. Again, this occurrence usually followed the return or withdrawal of the first nomination. For example, the President nominated Philip E. Coyle III to be the Associate Director of National Security and International Affairs at the Office of Science and Technology Policy, and the nomination was returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the standing rules of the Senate. The President then nominated Patricia K. Falcone for the same position. This was counted as one position to which a nomination was made, two individual nominees, and two nominations submitted. This case and other similar cases caused these three numbers to differ slightly.

b. President Obama recess appointed Richard Cordray to be Director of the Consumer Financial Protection Bureau on January 4, 2012, and Cordray was later renominated and confirmed in the 113th Congress. President Obama also made three recess appointments to the National Labor Relations Board on the same date (January 4, 2012) that were later found to be constitutionally invalid by the Supreme Court. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate varies widely.2 Some nominations are confirmed within a few days, others are not confirmed for several months, and some are never confirmed. For each nomination covered by this report and confirmed in the 112th Congress, the report provides the number of days between nomination and confirmation ("days to confirm"). The mean (average) number of days elapsed between nomination and confirmation was 142.7.3 The median number of days elapsed was 112.0.4

Organization of this Report

Agency Profiles

Agency profiles in this report are organized in two parts: a table listing the organization's full-time PAS positions as of the end of the 112th Congress and a table listing appointment action for vacant positions during the 112th Congress. Data for these tables were collected from several authoritative sources.5 As noted, some agencies had no nomination activity during this time.

In each agency profile, the first of the two tables identifies, as of the end of the 112th Congress, each full-time PAS position in the organization and its pay level.6 For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which, as of January 2013, ranged from level I ($199,700) for Cabinet-level offices to level V ($145,700) for lower-ranked positions.

The second table, the appointment action table, provides, in chronological order, information concerning each nomination. It shows the name of the nominee, position involved, date of nomination, date of confirmation, and number of days between receipt of a nomination and confirmation. It also notes actions other than confirmation (i.e., nominations returned to or withdrawn by the President).

The appointment action tables with more than one nominee to a position also list statistics on the length of time between nomination and confirmation. Each nomination action table provides the average "days to confirm" in two ways: mean and median. Although the mean is a more familiar measure, it may be influenced by outliers in the data. The median, by contrast, does not tend to be influenced by outliers. In other words, a nomination that took an extraordinarily long time might cause a significant change in the mean, but the median would be unaffected. Examining both numbers offers more information with which to assess the central tendency of the data.

Additional Appointment Information

Appendix A provides two tables. Table A-1 relists all appointment action identified in this report and is organized alphabetically by the appointee's last name. Table entries identify the agency to which each individual was appointed, position title, nomination date, date confirmed or other final action, and duration count for confirmed nominations. In the final two rows, the table also includes the mean and median values for the days to confirm column.

Table A-2 provides summary data on the appointments identified in this report and is organized by agency type, including independent executive agencies, agencies in the EOP, multilateral organizations, and agencies in the legislative branch. The table summarizes the number of positions, nominations submitted, individual nominees, confirmations, nominations returned, and nominations withdrawn for each agency grouping. It also includes mean and median values for the number of days taken to confirm nominations in each category.

During the 112th Congress, the Presidential Appointments Streamlining and Efficiency Act (P.L. 112-166) was enacted, which eliminated the requirement for the Senate's advice and consent for 163 positions in federal agencies.7 A number of those positions, listed in Appendix B, have been included in previous versions of this tracking report. This report notes each agency and position affected.

Appendix C provides a list of department abbreviations.

Nominations and Incumbents: Full-Time Positions in Independent Agencies

Appalachian Regional Commission

Table 2. Full-Time PAS Positions in the Appalachian Regional Commission

(as of the end of the 112th Congress)

Positiona

Pay Level

Federal Cochair

III

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the position of alternate federal cochair of the Appalachian Regional Commission is no longer subject to Senate advice and consent and is appointed by the President alone. See Appendix B for a complete list of positions in independent agencies included in that legislation.

Table 3. Appalachian Regional Commission Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Broadcasting Board of Governors

Table 4. Full-Time PAS Positions in the Broadcasting Board of Governors

(as of the end of the 112th Congress)

Position

Pay Level

Director, International Broadcasting Bureau

IV

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 5. Broadcasting Board of Governors Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Central Intelligence Agency

Table 6. Full-Time PAS Positions in the Central Intelligence Agency

(as of the end of the 112th Congress)

Position

Pay Level

Director

II

Inspector Generala

III + 3%b

General Counsel

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the Central Intelligence Agency's IG, however, the law provides that "The President shall communicate in writing to the intelligence committees the reasons for any such removal not later than 30 days prior to the effective date of such removal" (50 U.S.C. §3517(b)(6)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 7. Central Intelligence Agency Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

David H. Petraeus

Director

05/26/11

06/30/11

35

Source: Created by CRS.

Consumer Financial Protection Bureau

Table 8. Full-Time PAS Positions in the Consumer Financial Protection Bureau

(as of the end of the 112th Congress)

Position

Pay Level

Directora

II

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The position of Director of the Consumer Financial Protection Bureau was created by P.L. 111-203, §1011 (12 U.S.C. §5491).

Table 9. Consumer Financial Protection Bureau Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Richard Cordray

Director

07/18/11

Returned 01/03/12a

Richard Cordray

Director

Recess Appointment 01/04/12b

Source: Created by CRS.

a. Returned to the President at the end of the first session of the 112th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. President Obama recess appointed Richard Cordray to be Director of the Consumer Financial Protection Bureau on January 4, 2012. Cordray was later renominated and confirmed in the 113th Congress. President Obama also made three recess appointments to the National Labor Relations Board on the same date (January 4, 2012) that were later found to be constitutionally invalid by the Supreme Court. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Corporation for National and Community Service

Table 10. Full-Time PAS Positions in the Corporation for National and Community Service

(as of the end of the 112th Congress)

Positiona

Pay Level

President and Chief Executive Officer

III

Inspector Generalb

III + 3%c

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the two Managing Director positions in the Corporation for National and Community Service are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in independent agencies included in that legislation.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 11. Corporation for National and Community Service Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Wendy M. Spencer

President and Chief Executive Officer

10/18/11

03/29/12

163

Jonathan A. Hatfield

Inspector General

01/26/11

Withdrawn 04/08/11

Deborah J. Jeffrey

Inspector General

11/15/11

06/29/12

227

Mean number of days to confirm

 

 

195.0

Median number of days to confirm

 

 

195.0

Source: Created by CRS.

Court Services and Offender Supervision Agency to the District of Columbia

Table 12. Full-Time PAS Positions in the Court Services and Offender Supervision Agency to the District of Columbia

(as of the end of the 112th Congress)

Position

Pay Level

Directora

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The position shown has a six-year term; an incumbent may be removed from office prior to the expiration of the term only for neglect of duty, malfeasance in office, or other good cause shown. (District of Columbia Code 24-133(b)(I)). There is no provision regarding removal or continuation in office after a term expires.

Table 13. Court Services and Offender Supervision Agency to the District of Columbia Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Nancy M. Ware

Director

08/02/11

11/18/11

108

Source: Created by CRS.

Delta Regional Authority

Table 14. Full-Time PAS Positions in the Delta Regional Authority

(as of the end of the 112th Congress)

Position

Pay Level

Federal Cochair

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 15. Delta Regional Authority Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Environmental Protection Agency

Table 16. Full-Time PAS Positions in the Environmental Protection Agency

(as of the end of the 112th Congress)

Position

Pay Level

Administrator

II

Deputy Administrator

III

Assistant Administrator – Inspector Generala

III + 3%b

Assistant Administrator – Administration and Resource Management

IV

Assistant Administrator – Air and Radiation

IV

Assistant Administrator – Enforcement and Compliance Assurance

IV

Assistant Administrator – Environmental Information

IV

Assistant Administrator – International and Tribal Affairs

IV

Assistant Administrator – Chemical Safety and Pollution Prevention

IV

Assistant Administrator – Research and Development

IV

Assistant Administrator – Solid Waste and Emergency Response

IV

Assistant Administrator – Water

IV

Chief Financial Officerc

IV

General Counsel

IV

Source: Created by CRS.

Notes PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. 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)).

Table 17. Environmental Protection Agency Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Kenneth J. Kopocis

Asst. Admin. – Water

06/13/11

Returned 01/03/13a

James J. Jones

Asst. Admin. – Chemical Safety and Pollution Preventionb

01/24/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President at the end of the 112th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. This position is called Assistant Administrator – Toxic Substances in the Senate nominations database of the Legislative Information System. Within the Environmental Protection Agency, it is referred to as Assistant Administrator – Chemical Safety and Pollution Prevention.

Federal Housing Finance Agency

Table 18. Full-Time PAS Positions in the Federal Housing Finance Agency

(as of the end of the 112th Congress)

Position

Pay Level

Director

II

Inspector Generala

III + 3%b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 19. Federal Housing Finance Agency Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Federal Mediation and Conciliation Service

Table 20. Full-Time PAS Positions in the Federal Mediation and Conciliation Service

(as of the end of the 112th Congress)

Position

Pay Level

Director

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 21. Federal Mediation and Conciliation Service Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

General Services Administration

Table 22. Full-Time PAS Positions in the General Services Administration

(as of the end of the 112th Congress)

Position

Pay Level

Administrator

III

Inspector Generala

III + 3%b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 23. General Services Administration Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Millennium Challenge Corporation

Table 24. Full-Time PAS Positions in the Millennium Challenge Corporation

(as of the end of the 112th Congress)

Position

Pay Level

Chief Executive Officer

II

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 25. Millennium Challenge Corporation Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

National Aeronautics and Space Administration

Table 26. Full-Time PAS Positions in the National Aeronautics and Space Administration

(as of the end of the 112th Congress)

Position

Pay Level

Administrator

II

Deputy Administrator

III

Inspector Generala

III+ 3%b

Chief Financial Officerc

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. 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)).

Table 27. National Aeronautics and Space Administration Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

National Archives and Records Administration

Table 28. Full-Time PAS Positions in the National Archives and Records Administration

(as of the end of the 112th Congress)

Position

Pay Level

Archivista

III

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove the Archivist at any time but must communicate the reasons for such removal to both houses of Congress (44 U.S.C. §2103(a)).

Table 29. National Archives and Records Administration Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

National Foundation on the Arts and Humanities

Table 30. Full-Time PAS Positions in the National Foundation on the Arts and Humanities

(as of the end of the 112th Congress)

Position

Pay Level

Chair – National Endowment for the Artsa

III

Chair – National Endowment for the Humanitiesb

III

Director – Institute of Museum and Library Servicesc

III

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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)(2)).

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)(2)).

c. Term of office is four years (20 U.S.C. §9103(a)(2)).

Table 31. National Foundation on the Arts and Humanities Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

National Science Foundation

Table 32. Full-Time PAS Positions in the National Science Foundation

(as of the end of the 112th Congress)

Position

Pay Level

Directora

II

Deputy Director

III

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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)).

Table 33. National Science Foundation Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Cora B. Marrett

Deputy Director

01/05/11

05/26/11

141

Source: Created by CRS.

Northern Border Regional Commission

Table 34. Full-Time PAS Positions in the Northern Border Regional Commission

(as of the end of the 112th Congress)

Position

Pay Level

Federal Cochair

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 35. Northern Border Regional Commission Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Office of the Director of National Intelligence

Table 36. Full-Time PAS Positions in the Office of the Director of National Intelligence

(as of the end of the 112th Congress)

Position

Pay Level

Director

I

Principal Deputy Director

II

Director – National Counterterrorism Center

II

Inspector Generala

III+3%b

General Counsel

IV

Chief Information Officerc

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The position of Inspector General for the Office of the Director of National Intelligence (ODNI) was created by P.L. 111-259, §405 (50 U.S.C. §3033). The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

c. In the ODNI, the Chief Information Officer is also an Associate Director of National Intelligence.

Table 37. Office of the Director of National Intelligence Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Stephanie O'Sullivan

Principal Deputy Director

01/05/11

02/17/11

43

Matthew G. Olsen

Director – National Counterterrorism Center

07/05/11

08/02/11

28

Irvin C. McCullough III

Inspector General

08/02/11

11/07/11

97

Mean number of days to confirm

 

 

56.0

Median number of days to confirm

 

 

43.0

Source: Created by CRS.

Office of Government Ethics

Table 38. Full-Time PAS Positions in the Office of Government Ethics

(as of the end of the 112th Congress)

Position

Pay Level

Directora

III

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Term of office is five years; the incumbent must leave office when the term expires (5 U.S.C. Appx. §401(b)).

Table 39. Office of Government Ethics Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Walter M. Shaub Jr.

Director

05/24/12

01/01/13

222

Source: Created by CRS.

Office of Personnel Management

Table 40. Full-Time PAS Positions in the Office of Personnel Management

(as of the end of the 112th Congress)

Position

Pay Level

Directora

II

Deputy Director

III

Inspector Generalb

III + 3%c

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Term of office is four years, but the President may remove the incumbent at any time. The incumbent must leave office when the term expires (5 U.S.C. §1102(a)).

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 41. Office of Personnel Management Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Office of Special Counsel

Table 42. Full-Time PAS Positions in the Office of Special Counsel

(as of the end of the 112th Congress)

Position

Pay Level

Special Counsela

V

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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)).

Table 43. Office of Special Counsel Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Carolyn N. Lerner

Special Counsel

01/05/11

04/14/11

99

Source: Created by CRS.

Overseas Private Investment Corporation

Table 44. Full-Time PAS Positions in the Overseas Private Investment Corporation

(as of the end of the 112th Congress)

Position

Pay Level

President

III

Executive Vice President

IV

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 45. Overseas Private Investment Corporation Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Peace Corps

Table 46. Full-Time PAS Positions in the Peace Corps

(as of the end of the 112th Congress)

Position

Pay Level

Director

III

Deputy Director

IV

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 47. Peace Corps Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Small Business Administration

Table 48. Full-Time PAS Positions in the Small Business Administration

(as of the end of the 112th Congress)

Position

Pay Level

Administrator

III

Inspector Generala

III+ 3%b

Deputy Administrator

IV

Chief Counsel for Advocacy

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 49. Small Business Administration Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Winslow L. Sargeant

Chief Counsel for Advocacy

01/26/11

11/18/11

296

Source: Created by CRS.

Social Security Administration

Table 50. Full-Time PAS Positions in the Social Security Administration

(as of the end of the 112th Congress)

Position

Pay Level

Commissioner

I

Deputy Commissioner

II

Inspector Generala

III + 3%b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 51. Social Security Administration Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Trade and Development Agency

Table 52. Full-Time PAS Positions in the Trade and Development Agency

(as of the end of the 112th Congress)

Position

Pay Level

Director

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 53. Trade and Development Agency Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

U.S. Agency for International Development

Table 54. Full-Time PAS Positions in the U.S. Agency for International Development

(as of the end of the 112th Congress)

Positiona

Pay Level

Administrator

II

Deputy Administrator

III

Inspector Generalb

III+ 3%c

Assistant Administrator – Africa

IV

Assistant Administrator – Asia

IV

Assistant Administrator – Latin America and Caribbean

IV

Assistant Administrator – Europe and Eurasia

IV

Assistant Administrator – Global Health

IV

Assistant Administrator – Economic Growth, Education, and Environment

IV

Assistant Administrator – Democracy, Conflict, and Humanitarian Assistance

IV

Assistant Administrator – Legislative and Public Affairs

IV

Assistant Administrator – Middle East

IV

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate. The U.S. 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 administrator "shall report to and be under the direct authority and foreign policy guidance of the Secretary of State" (22 U.S.C. §6592).

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the position of Assistant Administrator for Management in USAID is no longer subject to Senate advice and consent and is appointed by the President alone. See Appendix B for a complete list of positions, in independent agencies, included in that legislation.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that "[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer" (5 U.S.C. Appx. §3(b)).

c. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 55. U.S. Agency for International Development Nomination Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Eric G. Postel

Asst. Admin. – Economic Growth, Education, and Environment

01/05/11

03/03/11

57

Mara E. Rudman

Asst. Admin. – Middle East

02/17/11

09/13/11

208

Ariel Pablos-Mendez

Asst. Admin. – Global Health

03/14/11

06/30/11

108

Earl W. Gast

Asst. Admin. – Africa

10/03/11

03/29/12

178

T. Charles Cooper

Asst. Admin. – Legislative and Public Affairs

09/11/12

01/01/13

112

Mean number of days to confirm

 

 

132.6

Median number of days to confirm

 

 

112.0

Source: Created by CRS.

Nominations and Incumbents: Full-Time Positions in the Executive Office of the President

Council of Economic Advisers

Table 56. Full-Time PAS Positions in the Council of Economic Advisers

(as of the end of the 112th Congress)

Positiona

Pay Level

Chair

II

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the positions of Member of the Council of Economic Advisers are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in independent agencies included in that legislation.

Table 57. Council of Economic Advisers Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Katharine G. Abraham

Membera

01/26/11

04/14/11

78

Carl Shapiro

Membera

02/28/11

04/14/11

45

Alan B. Kreuger

Membera

09/06/11

11/03/11

58

Mean number of days to confirm

 

 

60.3

Median number of days to confirm

 

 

58.0

Source: Created by CRS.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the position of Member of the Council of Economic Advisers is no longer subject to Senate advice and consent and is appointed by the President alone. In this instance, a nomination was made prior to the enactment of P.L. 112-166.

Council on Environmental Quality

Table 58. Full-Time PAS Positions in the Council on Environmental Quality

(as of the end of the 112th Congress)

Position

Pay Level

Chaira

II

Deputy Director – Office of Environmental Qualityb

c

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The Council on Environmental Quality consists of one member who serves as chair. The chair also serves as director of the Office of Environmental Quality (42 U.S.C. §4372(a)).

b. According to the United States Government Manual 2012, "[t]he Council and [Office of Environmental Quality (OEQ)] are collectively referred to as the Council on Environmental Quality."

c. "The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Bureau of the Budget [Deputy Director of the Office of Management and Budget]" (42 U.S.C. §4372(b)).

Table 59. Council on Environmental Quality Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Office of Management and Budget

Table 60. Full-Time PAS Positions in the Office of Management and Budget

(as of the end of the 112th Congress)

Position

Pay Level

Director

I

Deputy Director

II

Deputy Director – Management

II

Controller – Office of Federal Financial Management

III

Administrator – Office of Federal Procurement Policy

III

Administrator – Office of Information and Regulatory Affairs

III

Coordinator – U.S. Intellectual Property Enforcement

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. According to the 2012 edition of the Plum Book, the Coordinator for U.S. Intellectual Property Enforcement was a senior-level position (p. 5). With regard to pay for such positions, the Plum Book states, "The minimum pay for SL [Senior Level] positions is 120 percent of the rate of basic pay for GS-15, step 1. For agencies without a certified performance appraisal system, SL members' pay may not exceed the rate payable for level III of the Executive Schedule. For agencies with a certified performance appraisal system, SL members' pay may not exceed the rate payable for level II of the Executive Schedule. SL members are not entitled to locality-based comparability payments" (p. 204).

Table 61. Office of Management and Budget Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Heather A. Higginbottom

Deputy Director

01/26/11

10/20/11

267

Source: Created by CRS.

Office of National Drug Control Policy

Table 62. Full-Time PAS Positions in the Office of National Drug Control Policy

(as of the end of the 112th Congress)

Positiona

Pay Level

Director

II

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, all four Deputy Director positions in the Office of National Drug Control Policy are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in independent agencies included in that legislation.

Table 63. Office of National Drug Control Policy Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Marilyn A. Quagliotti

Dep. Dir. – Demand Reductiona

02/14/11

06/30/11

136

Michael A. Botticelli

Deputy Director

02/01/12

Returned 01/03/13b

Source: Created by CRS.

a. Pursuant to P.L. 112-166, which was enacted on August 10, 2012, after October 9, 2012, the Deputy Director position in the Office of National Drug Control Policy is no longer subject to Senate advice and consent and is appointed by the President alone. In this instance, a nomination was made prior to the enactment of P.L. 112-166.

b. Returned to the President at the end of the 112th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Office of Science and Technology Policy

Table 64. Full-Time PAS Positions in the Office of Science and Technology Policy

(as of the end of the 112th Congress)

Position

Pay Level

Director

I

Associate Director – Energy and Environment

III

Associate Director – National Security and International Affairs

III

Associate Director – Science

III

Associate Director – Technology

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 65. Office of Science and Technology Policy Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Philip E. Coyle III

Assoc. Dir. – National Security and Int'l Affairs

01/26/11

Returned 01/03/12a

Patricia K. Falcone

Assoc. Dir. – National Security and Int'l Affairs

03/29/12

08/02/12

126

Source: Created by CRS.

a. Returned to the President at the end of the first session of the 112th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Office of the U.S. Trade Representative

Table 66. Incumbents in Full-Time PAS Positions in the Office of the U.S. Trade Representative

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Trade Representative

I

Deputy U.S. Trade Representative

III

Deputy U.S. Trade Representative

III

Deputy U.S. Trade Representative

III

Chief Agricultural Negotiator

III

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 67. Office of the U.S. Trade Representative Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Michael W. Punke

Deputy U.S. Trade Rep.

01/26/11

10/21/11

268

Islam A. Siddiqui

Chief Agricultural Negotiator

01/26/11

10/21/11

268

Source: Created by CRS.

Nominations and Incumbents: Full-Time Positions in Multilateral Organizations

African Development Bank

Table 68. Full-Time PAS Positions in the African Development Bank

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Executive Director

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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).

Table 69. African Development Bank Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Asian Development Bank

Table 70. Full-Time PAS Positions in the Asian Development Bank

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Executive Director

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. "The Director may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received by him from the Bank, will equal those authorized for a chief of mission under the Foreign Service Act of 1980" (22 U.S.C. §285a(b)).

Table 71. Asian Development Bank Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

European Bank for Reconstruction and Development

Table 72. Full-Time PAS Positions in the European Bank for Reconstruction and Development

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Director

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The statutory basis for this position, 22 U.S.C. §290l-1, makes no provision regarding the compensation of the position holder.

Table 73. European Bank for Reconstruction and Development Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No nomination action during the 112th Congress

Source: Created by CRS.

Inter-American Development Bank

Table 74. Full-Time PAS Positions in the Inter-American Development Bank

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Executive Directora

b

U.S Alternate Executive Directora

b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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)).

Table 75. Inter-American Development Bank Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

International Bank for Reconstruction and Development (World Bank)

Table 76. Full-Time PAS Positions in the International Bank for Reconstruction and Development

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Executive Directora

b

U.S Alternate Executive Directorc

b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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 … [or] 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)).

Table 77. International Bank for Reconstruction and Development Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Sara M. Aviel

U.S. Alternate Executive Director

09/06/11

05/24/12

261

Source: Created by CRS.

International Joint Commission, United States and Canada

Table 78. Full-Time PAS Positions in the International Joint Commission, United States and Canada

(as of the end of the 112th Congress)

Position

Pay Level

Chair – U.S. Section

IV

Commissioner – U.S. Section

V

Commissioner – U.S. Section

V

Source: Created by CRS.

Note: PAS refers to presidential appointments with the advice and consent of the Senate.

Table 79. International Joint Commission, United States and Canada Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Dereth B. Glance

Commissioner – U.S. Section

03/10/11

06/30/11

112

Richard M. Moy

Commissioner – U.S. Section

03/10/11

06/30/11

112

Source: Created by CRS.

International Monetary Fund

Table 80. Full-Time PAS Positions in the International Monetary Fund

(as of the end of the 112th Congress)

Position

Pay Level

U.S. Executive Directora

b

U.S Alternate Executive Directora

b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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 … [or] alternate." (22 U.S.C. §286a(d)(1)).

Table 81. International Monetary Fund Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Nominations and Incumbents: Full-Time Positions in Legislative Branch Agencies

Architect of the Capitol

Table 82. Full-Time PAS Positions in the Architect of the Capitol

(as of the end of the 112th Congress)

Position

Pay Level

Architect of the Capitola

b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The architect is appointed to a 10-year term (2 U.S.C. §1801(a)(1)).

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."

Table 83. Architect of the Capitol Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Government Accountability Office

Table 84. Full-Time PAS Positions in the Government Accountability Office

(as of the end of the 112th Congress)

Position

Pay Level

Comptroller Generala

b

Deputy Comptroller Generalc

b

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

a. The Comptroller General is appointed to a 15-year term, with no holdover provision when the term expires. He or she may be removed before the term expires by impeachment or 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)).

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. No one has been nominated to this office for at least 30 years.

Table 85. Government Accountability Office Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Government Printing Office

Table 86. Full-Time PAS Positions in the Government Printing Office

(as of the end of the 112th Congress)

Position

Pay Level

Public Printer

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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."

Table 87. Government Printing Office Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

William J. Boarman

Public Printer

01/26/11

Returned 01/03/12a

Source: Created by CRS.

a. Returned to the President at the end of the first session of the 112th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Library of Congress

Table 88. Full-Time PAS Positions in the Library of Congress

(as of the end of the 112th Congress)

Position

Pay Level

Librarian of Congress

a

Source: Created by CRS.

Notes: PAS refers to presidential appointments with the advice and consent of the Senate.

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."

Table 89. Library of Congress Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Appendix A. Summary of All Nominations and Appointments to Independent and Other Agencies

Table A-1. Nominations and Appointments to Full-Time Positions to Independent and Other Agencies, 112th Congress

Nominee

Position

Agencya

Date Nominated

Date Confirmed

Days to
Confirm

Katharine G. Abraham

Member

CEA

01/26/11

04/14/11

78

Sara M. Aviel

U.S. Alternate Executive Director

IBRD

09/06/11

05/24/12

261

William J. Boarman

Public Printer

GPO

01/26/11

Returned 01/03/12

Michael A. Botticelli

Deputy Director

ONDCP

02/01/12

Returned 01/03/13

T. Charles Cooper

Asst. Admin. – Legislative and Public Affairs

USAID

09/11/12

01/01/13

112

Richard Cordray

Director

CFPB

07/18/11

Returned 01/03/12

Richard Cordray

Director

CFPB

Recess Appointment 01/04/12b

Philip E. Coyle III

Assoc. Dir. – National Security and Int'l Affairs

OSTP

01/26/11

Returned 01/03/12

Patricia K. Falcone

Assoc. Dir. – National Security and Int'l Affairs

OSTP

03/29/12

08/02/12

126

Earl W. Gast

Asst. Admin. – Africa

USAID

10/03/11

03/29/12

178

Dereth B. Glance

Commissioner– U.S. Section

IJC

03/10/11

06/30/11

112

Jonathan A. Hatfield

Inspector General

CNCS

01/26/11

Withdrawn 04/08/11

Heather A. Higginbottom

Deputy Director

OMB

01/26/11

10/20/11

267

Deborah J. Jeffrey

Inspector General

CNCS

11/15/11

06/29/12

227

James J. Jones

Asst. Admin. – Chemical Safety and Pollution Prevention

EPA

01/24/12

Returned 01/03/13

Kenneth J. Kopocis

Asst. Admin. – Water

EPA

06/13/11

Returned 01/03/13

Alan B. Kreuger

Member

CEA

09/06/11

11/03/11

58

Carolyn N. Lerner

Special Counsel

OSC

01/05/11

04/14/11

99

Cora B. Marrett

Deputy Director

NSF

01/05/11

05/26/11

141

Irvin C. McCullough III

Inspector General

ODNI

08/02/11

11/07/11

97

Richard M. Moy

Commissioner – U.S. Section

IJC

03/10/11

06/30/11

112

Stephanie O'Sullivan

Principal Deputy Director

ODNI

01/05/11

02/17/11

43

Matthew G. Olsen

Director – National Counterterrorism Center

ODNI

07/05/11

08/02/11

28

Ariel Pablos-Mendez

Asst. Admin. – Global Health

USAID

03/14/11

06/30/11

108

David H. Petraeus

Director

CIA

05/26/11

06/30/11

35

Eric G. Postel

Asst. Admin. – Economic Growth, Education, and Environment

USAID

010/5/11

03/03/11

57

Michael W. Punke

Deputy U.S. Trade Rep.

OUSTR

01/26/11

10/21/11

268

Marilyn A. Quagliotti

Dep. Dir. – Demand Reduction

ONDCP

02/14/11

06/30/11

136

Mara E. Rudman

Asst. Admin. – Middle East

USAID

02/17/11

9/13/11

208

Winslow L. Sargeant

Chief Counsel for Advocacy

SBA

01/26/11

11/18/11

296

Carl Shapiro

Member

CEA

02/28/11

04/14/11

45

Walter M. Shaub Jr.

Director

OGE

05/24/12

01/01/13

222

Islam A. Siddiqui

Chief Agricultural Negotiator

OUSTR

01/26/11

10/21/11

268

Wendy M. Spencer

Chief Executive Officer

CNCS

10/18/11

03/29/12

163

Nancy M. Ware

Director

CSOSA

08/02/11

11/18/11

108

Mean number of days to confirm nomination

 

142.7

Median number of days to confirm nomination

 

112.0

Source: Table created by CRS using data found in the Senate nominations database of the Legislative Information System at http://www.lis.gov/nomis.

a. The key to the agency acronyms may be found in Appendix C.

b. President Obama recess appointed Richard Cordray to be Director of the Consumer Financial Protection Bureau on January 4, 2012. Cordray was later renominated and confirmed in the 113th Congress. President Obama also made three recess appointments to the National Labor Relations Board on the same date (January 4, 2012) that were later found to be constitutionally invalid by the Supreme Court. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Table A-2. Appointment Action by Agency Type, 112th Congress

Agency Type

Positions

Nominations

Individual Nominees

Confirmations

Nominations Returned

Nominations Withdrawn

Recess Appointmentsa

Mean/Median Days to Confirm

Independent Agencies

76

20

20

16

3

1

1

132.6/110.0

Executive Office of the President

21

10

10

8

2

0

0

155.8/131.0

Multilateral Organizations

12

3

3

3

0

0

0

na

Legislative Agencies

5

1

1

0

1

0

0

na

Total

113

34

34

27

6

1

1

142.7/112.0

Source: Table created by CRS using the data compiled for this report.

a. President Obama recess appointed Richard Cordray to be Director of the Consumer Financial Protection Bureau on January 4, 2012. Cordray was later renominated and confirmed in the 113th Congress. President Obama also made three recess appointments to the National Labor Relations Board on the same date (January 4, 2012) that were later found to be constitutionally invalid by the Supreme Court. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Appendix B. Positions Affected by P.L. 112-166

Table B-1. Positions in Independent and Other Agencies That No Longer Require Senate Confirmation Under P.L. 112-166

Agencya

Position

ARC

Alternate Federal Cochair

CEA

Member (2)

CNCS

Managing Directors (2)

ONDCP

Deputy Directors (4)b

ONHIRc

Commissioner

SSSc

Director

USAID

Assistant Administrator – Management

Source: Created by CRS.

Notes: For more explanation on changes to the appointments process as a result of P.L. 112-166, the Presidential Appointments Streamlining and Efficiency Act, and a complete list of positions that no longer require Senate confirmation, see CRS Report R41872, Presidential Appointments, the Senate's Confirmation Process, and Changes Made in the 112th Congress, by [author name scrubbed].

a. The key to the agency acronyms may be found in Appendix C

b. Includes Deputy Directors for Demand Reduction; Supply Reduction; and State, Local, and Tribal Affairs. The fourth position was simply entitled Deputy Director.

c. This agency no longer appears in the main body of the report because, after P.L. 112-166, it no longer had any full-time positions that were presidentially appointed with the advice and consent of the Senate.

Appendix C. Agency Abbreviations

Table C-1. Agency Abbreviations

Independent Agencies

ARC

Appalachian Regional Commission

BBG

Broadcasting Board of Governors

CIA

Central Intelligence Agency

CFPB

Consumer Financial Protection Bureau

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

FHFA

Federal Housing Finance 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

NBRC

Northern Border Regional Commission

ODNI

Office of the Director of National Intelligence

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

AOC

Architect of the Capitol

GAO

Government Accountability Office

GPO

Government Printing Office

LOC

Library of Congress

Source: Created by CRS.

Footnotes

1.

A collection of such reports may be found at http://www.crs.gov/Pages/subissue.aspx?cliid=2153&parentid=12&Preview=False.

2.

The methodology used in this report to count the length of time between nomination and confirmation differs from that used in some earlier Congressional Research Service (CRS) reports prior to the 110th Congress. The statistics presented here include the days during which the Senate was adjourned for its summer recesses and between sessions of Congress. The change was instituted in the reports covering the 110th Congress, and it reduces the direct comparability of statistics in this report with those of the earlier research. A detailed explanation of this methodological change appears in Appendix E of CRS Report R41776, Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 110th Congress, by [author name scrubbed] and [author name scrubbed].

3.

See Appendix A for more detailed summary information.

4.

The median is the midpoint of the range of all the numbers when arranged numerically. The median is less sensitive to outliers than the mean.

5.

Sources include the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/; the Congressional Record (daily edition); the Weekly Compilation of Presidential Documents; telephone discussions with agency officials; agency websites; the United States Code; and the 2012 Plum Book (U.S. Congress, House Committee on Oversight and Government Reform, United States Government Policy and Supporting Positions, 112th Cong., 2nd sess., committee print, December 1, 2012 [Washington: GPO, 2012]).

6.

The data collected on presidential appointments with the advice and consent of the Senate (PAS positions) at the end of the 112th Congress were collected as of the Senate's last day of business on January 3, 2013. Beginning on January 4, 2013, agency officials were contacted and the lists of positions were finalized.

7.

For more information on P.L. 112-166, see CRS Report R41872, Presidential Appointments, the Senate's Confirmation Process, and Changes Made in the 112th Congress, by [author name scrubbed].