Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress

During the 107th Congress, 109 nominations to full-time positions in independent and other agencies were submitted to the Senate. Of these nominations, three were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 106 nominations, of which 94 were confirmed, 10 were returned to him, and two were withdrawn. President Clinton made three recess appointments to these positions during the intersession between the 106th and 107th Congresses; all expired at the end of the first session of the 107th Congress. President Bush did not make any recess appointments to these positions between the beginning of his Administration and the end of the 107th Congress. This report discusses nominations to full-time positions in 37 executive branch organizations (25 independent agencies, six agencies in the Executive Office of the President (EOP), and six 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. 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.

Order Code RL31435 CRS Report for Congress Received through the CRS Web Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress Updated July 11, 2003 -name redactedAnalyst in American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress Summary During the 107th Congress, 109 nominations to full-time positions in independent and other agencies were submitted to the Senate. Of these nominations, three were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 106 nominations, of which 94 were confirmed, 10 were returned to him, and two were withdrawn. President Clinton made three recess appointments to these positions during the intersession between the 106th and 107th Congresses; all expired at the end of the first session of the 107th Congress. President Bush did not make any recess appointments to these positions between the beginning of his Administration and the end of the 107th Congress. This report discusses nominations to full-time positions in 37 executive branch organizations (25 independent agencies, six agencies in the Executive Office of the President (EOP), and six 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. Information for this report was compiled from data from the Senate nominations database of the Legislative Information System at [http://www.congress.gov/nomis/], the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, and telephone discussions with agency officials. The report will not be updated. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Appointments During the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Average Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Appointments Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Selection and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Temporary Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Organization of this Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Agency Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 8 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN INDEPENDENT AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Appalachian Regional Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Central Intelligence Agency/ Intelligence Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Corporation for National and Community Service . . . . . . . . . . . . . . . . . . . . . . . 11 Court Services and Offender Supervision Agency to the District of Columbia . 11 Environmental Protection Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Environmental Protection Agency (cont.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Federal Emergency Management Agencya . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Federal Mediation and Conciliation Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 General Services Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 National Aeronautics and Space Administration . . . . . . . . . . . . . . . . . . . . . . . . . 15 National Archives and Records Administration . . . . . . . . . . . . . . . . . . . . . . . . . 16 National Foundation on the Arts and Humanities . . . . . . . . . . . . . . . . . . . . . . . . 16 National Science Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Office of Government Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Office of Personnel Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Office of Special Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Overseas Private Investment Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Peace Corps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Selective Service System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Small Business Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Social Security Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Trade and Development Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 U.S. Agency for International Developmenta . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 U.S. Agency for International Development (cont.) . . . . . . . . . . . . . . . . . . . . . . 22 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN THE EXECUTIVE OFFICE OF THE PRESIDENT . . . . . . . . . . . . . . . 23 Council of Economic Advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Council on Environmental Qualitya . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Office of Management and Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Office of National Drug Control Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Office of Science and Technology Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Office of the U.S. Trade Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN MULTILATERAL ORGANIZATIONS . . . . . . . . . . . . . . . . . . . . . . . . 27 African Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Asian Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 European Bank for Reconstruction and Development . . . . . . . . . . . . . . . . . . . . . 28 Inter-American Development Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 International Bank for Reconstruction and Development . . . . . . . . . . . . . . . . . . 29 International Monetary Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN LEGISLATIVE BRANCH AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . 30 Architect of the Capitol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 General Accounting Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Government Printing Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Library of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Appendix A. Alphabetical Listing of Nominees and Appointees, January 3, 2001-January 3, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Appendix B. Appointment Action During the 107th Congress, by Agency Grouping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Appendix C. Agency Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress Introduction This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate.1 It also identifies, for the 107th Congress, all nominations to full-time positions requiring Senate confirmation in 37 organizations in the executive branch (25 independent agencies, six agencies in the Executive Office of the President (EOP), and six multilateral banking organizations) and four agencies in the legislative branch.2 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, 2003, dates they were confirmed, dates their terms expire, if applicable, and pay levels. 1 This report was built on research by (name redacted) and (name redacted). Significant portions of the text presented here were written by Dr. Garcia for earlier versions of this report. 2 For information and data on appointments during the 107th Congress to positions in the executive departments, regulatory bodies, and federal judiciary, see the following reports: CRS Report RL31346, Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002, by (name redacted); CRS Report RL30910, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 107th Congress, by (name redacte d); and CRS Report RL31868, U.S. Circuit and District Court Nominations by President George W. Bush During the 107th Congress, by (name redacted) and Mi(name redacted). For similar reports for previous Congresses, see CRS Report 94-473 GOV, Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 103rd Congress, by (name redacted) (archived); CRS Report 96-985 GOV, Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 104th Congress, by (name redacted) (archived); CRS Report RL30124,Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 105th Congress, by (name redacted) (archived); and CRS Report RL30564,Presidential Appointments to FullTime Positions in Independent and Other Agencies During the 106th Congress, by (name r edacted) an(namery redacted). For arch ived reports, contact (name redacted). CRS-2 Appointments During the 107th Congress During the 107th Congress, 109 nominations to full-time positions in independent and other agencies were submitted to the Senate. Of these nominations, three were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 106 nominations, of which 94 were confirmed, 10 were returned, and two were withdrawn. President Clinton made three recess appointments to these positions during the intersession between the 106th and 107th Congresses, all of which expired at the end of the first session of the 107th Congress. President Bush did not make any recess appointments to these positions between the beginning of his Administration and the end of the 107th Congress. Table 1 summarizes the appointment activity. The number of nominations submitted to the Senate exceeds the number of individual nominees because, due to the return of pending nominations at the August 2001 recess, as discussed below, eight nominees were nominated twice to the same position. In addition, two individuals, Sean O’Keefe and Mark W. Everson, were nominated to two different positions. Table 1. Nomination and Appointment Action in the 107th Congress, January 3, 2001 - January 3, 2003 Total positions 118 Positions held by incumbents appointed under a previous administration 18 Nominations submitted to the Senate 109 Nominations confirmed by the Senate 94 a Unduplicated nominations 101 Nominations returned to the President 10 Nominations submitted by Clinton, withdrawn by Bush 3 Nominations submitted and withdrawn by Bush 2 Intersession recess appointments between 106th and 107th Congresses (Clinton) 3 Intrasession recess appointments (Bush) 0 Intersession recess appointments (Bush) 0 a The figure for unduplicated nominations excludes instances in which the President submitted a second nomination of the same person for the same position. Average Time to Confirm a Nomination The length of time a given nomination may be pending in the Senate varies widely. Some nominations are confirmed within a few days, others may not be confirmed for several months, and some are never confirmed. This report provides, for each agency nomination that was confirmed in the 107th Congress, the number of days between nomination and confirmation (“days to confirm”). Some Senate recess days are not included in this sum because Senators are unable to take up nominations on these days. For practical reasons, only days from the longer recesses around August and between congressional sessions are excluded. These recesses are often longer than 30 days. 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, CRS-3 although this rule is often waived.3 The 32 days during the August 2002 recess and the 33 days between the first and second sessions of the 107th Congress were subtracted from the “days to confirm” for those nominations that spanned one or both recesses. No days were subtracted for the August 2001 recess, because, as discussed below, all pending nominations were returned prior to that recess. An accurate calculation of the average time the Senate took to confirm a nomination in the 107th Congress is made more challenging by an unusual characteristic of the session. Senate rules provide that “if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time” shall be returned to the President.4 Usually the Senate agrees, by unanimous consent, to waive this rule and retain pending nominations over their recesses. Prior to the 31-day August 2001 recess, however, the Senate did not reach such an agreement, and 162 pending nominations, eight of which are among those covered by this report, were returned to the President.5 The President sent forward some of these nominees again after the recess. Those nominations were considered to be new nominations, rather than continuations of the pre-recess nominations. As a result, when such nominations are confirmed, the length of the confirmation process, as shown in the tables of this report as “days to confirm,” does not include any pre-recess time during which the nominee was under consideration in the Senate. Consequently, the average is smaller than it would be if the pre- and post-recess nomination times were added together. For example, the average number of days to confirm for nominations to the positions covered by this report is 60 days, but if the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees, this average would be 61 days. Footnotes for appointment action tables for each agency (below) provide figures that take such prerecess time into account. In general, however, comparisons between average confirmation times from this report and those from previous reports should be made cautiously. 3 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 106th Cong., 1st sess., S.Doc. 106-1 (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 4 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, S.Doc. 106-1, 106th Cong., 1st sess. (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 5 See Sen. Harry Reid and Sen. Trent Lott, “Unanimous Consent Request — Executive Calendar,” colloquy, Congressional Record, daily edition, vol. 147, August 3, 2001, p. S8888. Such a unanimous consent agreement was reached, however, for the recess between the first and second sessions of the 107th Congress. Sen. Harry Reid, “Nominations to Remain in Status Quo Notwithstanding the Adjournment of the Senate,” Congressional Record, daily edition, vol. 147, Dec. 20, 2001, p. S14049. Under this agreement, only two nominations, Otto Reich, to be Assistant Secretary of State for Western Hemisphere Affairs, and Colonel David R. Leffarge, to be Brigadier General, were returned to the President. CRS-4 The Appointments Process The President and the Senate share the power to appoint the principal officers of the United States.6 The Constitution (Article II, Section 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States. Three distinct stages mark the appointment process — selection and nomination, confirmation, and appointment. Selection and Nomination. In this stage, the President selects the nominee and sends the nomination to the Senate. There are a number of steps in the President’s selection. First, with the assistance of the White House Office of Presidential Personnel, the President selects a candidate for the position. The candidate then 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, with background investigations conducted by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Government Ethics (OGE), and 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 Counsel has cleared the candidate, the nomination is ready to be submitted to the Senate. The selection and vetting stage is often the longest part of the appointment process. There can be lengthy delays, particularly if many candidates are being processed, as they are 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. 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 must 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 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 or a temporary 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. 6 A succinct historical and contemporary overview of the appointment power is found in (name redacted), “Appointme nt Powers,” in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. CRS-5 Confirmation.7 In the confirmation or second stage, the Senate alone determines whether to approve or disapprove a nomination. 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.8 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 he becomes involved in supporting the nomination. Although the Senate confirms most nominations, no President can safely assume that his nominees will be approved routinely. 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, inadequate amount of time for consideration of the nomination, or factors that may have nothing to do with the merits of the nomination. The most recent study of Senate confirmation action, which looked at the period between 1981 and 1992, found that the Senate failed to confirm 11% of all nominations to full-time positions in independent agencies. During the same period, 9% of nominations to the executive departments and 22% of nominations to boards and commissions also failed.9 Appointment. In the final stage, the confirmed nominee is given a commission signed by the President, with the seal of the United States affixed thereto, and is sworn into office. The President may sign the commission at any time after confirmation. Under unusual circumstances, he may not sign it at all, thus preventing the appointment. Once the appointee is given the commission and sworn in, he or she has full authority to carry out the responsibilities of the office. Recess Appointments The appointment process also enables the President to make an appointment without Senate confirmation when the Senate is in recess, either during a session 7 For a more detailed description of the confirmation process, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by (name redacted). For more information on the history of the confirmation process, see CRS Report RL31948, Evolution of the Senate’s Role in the Nomination and Confirmation Process: A Brief History, by (name redacted). 8 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 9 CRS Report 93-464 GOV, Senate Action on Nominations to Policy Positions in the Executive Branch, 1981-1992, by (name redacted) (archived; contact Henry Hogue for more information). The study did not include nominations submitted by Presidents Carter and Reagan in the last months of their administrations, or nominations submitted within a month of the Senate’s adjournment at the end of a session. It also excluded nominations to the judiciary, military services, Foreign Service, National Oceanic and Atmospheric Administration Officer Corps, and Public Health Service Officer Corps, as well as nominations to all ambassadorial, U.S. attorney, U.S. marshal, and part-time positions. CRS-6 (intrasession recess appointment) or between sessions (intersession recess appointment). Recess appointments expire at the end of the next session of Congress.10 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.11 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.12 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.13 Temporary Appointments Congress has provided limited statutory authority for the temporary filling of vacant positions requiring Senate confirmation. Under the Federal Vacancies Reform Act of 1998,14 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 10 Art. II, Sec. 2, Cl. 3 of the Constitution. 11 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 the author for more information). 12 For further information on recess appointments, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name redacted); and CRS Report RL30821, Recess Appointments Made by President Clinton, by (name redacted). 13 P.L. 108-7, sec. 609; 117 Stat. 465. 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. 14 P.L. 105-277, Div. C, Title I, sec. 151; 5 U.S.C. 3345-3349d CRS-7 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 to run 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 and to certain other specific positions which may be filled temporarily under other statutory provisions.15 Organization of this Report Agency Profiles. The agency profiles provide data on presidential nominations and appointments to full-time positions requiring Senate confirmation, and Senate action on the nominations. Data16 on appointment actions during the 107th Congress appear in two tables for each agency, “Appointment Action During 107th Congress” and “Positions and Incumbents in Department.” 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 are nominated more than once for the same position, either because the first nomination is returned to the President, as discussed below, or 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). 15 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 (name redacted). 16 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. Information concerning position incumbents was also drawn from nomination and confirmation data supplemented by information from the following two federal agency directories: Carroll Publishing, Carroll’s Federal Directory: November/December 2002 (Bethesda, MD: Carroll Publishing, 2002) and CQ Press, 2002/Fall Federal Staff Directory, 40th ed. (Washington: CQ Press, 2002). Where information from the two directories was in conflict, the information from Carroll’s Federal Directory, which was more consistent with data from the Senate nominations database, was used. CRS-8 Where there has been more than one confirmed nomination in an agency, this table also shows the average number of days the Senate has taken to confirm the agency’s nominations. 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. This average should be used cautiously. As discussed earlier, the Senate took the unusual step of returning all nominations to the President prior to the August 2001 recess. Many of those whose nominations were returned were re-nominated after the recess. Consequently, these individuals were nominated twice, and the days that elapsed while their first nominations were pending in the Senate are not included in the calculation of the average days to confirm a nomination. As a result, this average time is shorter than it would be otherwise. 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, 2003. 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. 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 ($171,900) for cabinet level offices to Level V ($125,400) for the lowest-ranked positions.17 Additional Appointment Information. Appendix A presents a table of all nominations to positions in all of the agencies 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, returned, or rejected. The average number of days taken to confirm a nomination is calculated as described above, and the same caution is advised. Appendix B provides a table with summary information on appointments and nominations by four agency categories: independent executive agencies, agencies in 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 the average number of days to confirm a nomination. A list of department abbreviations can be found in Appendix C. 17 The salary figures are as of Jan. 2003. For information on pay for federal officials, see CRS Report 98-53, Salaries of Federal Officials: A Fact Sheet, by Sharon Gressle. CRS-9 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN INDEPENDENT AGENCIES Appalachian Regional Commission Appointment Action Nominated Confirmed Days to confirm Federal Co-Chair 09/05/02 11/18/02 74 Alternate Federal Co-Chair 09/05/02 11/18/02 74 Nominee Position Anne B. Pope Richard J. Peltz Average number of days to confirm a nomination 74 Positions and Incumbents in Agency Position Incumbent Federal Co-Chair Alternate Federal Co-Chair a Pope was sworn in on Feb. 3, 2003. a Richard J. Peltz Level III IV CRS-10 Central Intelligence Agency/ Intelligence Community Appointment Action Nominated Confirmed Days to confirm Inspector General 02/27/02 04/26/02 58 General Counsel 09/03/02 10/17/02 44 Nominee Position John L. Helgerson Scott W. Muller Average number of days to confirm a nomination 51 Positions and Incumbents in Agency Position Director Incumbent a Level b George J. Tenet Deputy Directora a Deputy Director - Community Management II John E. McLaughlinb b Joan A. Dempsey Assistant Director - Administration Assistant Director - Analysis and Production III III IV Mark M. Lowenthalc c IV Assistant Director - Collections Charles E. Allen IV General Counsel Scott W. Muller IV Inspector General John L. Helgerson IV a Not more than one of the individuals serving in the positions of Director, Deputy Director, or Deputy Director for Community Management may be a commissioned officer of the Armed Forces, whether in active or retired status (50 U.S.C. 403(c)(1)(A)). b The incumbent was appointed under a previous Administration. c The incumbents of the positions of Assistant Director for Administration and Assistant Director for Collections were never formally nominated by the President nor confirmed by the Senate for those positions. See “Hearing of the Senate Select Intelligence Committee: Nomination for Inspector General of the Central Intelligence Agency,” Federal News Service, April 17, 2002. CRS-11 Corporation for National and Community Service Appointment Action Nominated Confirmed Days to confirma Nominee Position Leslie Lenkowsky Chief Executive Officer 07/31/01 Leslie Lenkowsky Chief Executive Officer 09/04/01 10/02/01 28 J. Russell George Inspector General 02/27/02 07/29/02 152 Michelle Guillermin Chief Financial Officer 06/25/02 09/26/02 61 Returned 08/03/01b Average number of days to confirm a nomination 80 Positions and Incumbents in Agency Position Incumbent Level President and Chief Executive Officer Leslie Lenkowsky III Chief Financial Officer Michelle Guillermin IV Managing Director IV Managing Director - Domestic Volunteer Programs IV Inspector General J. Russell George IV a If the number of days the first (pre-recess) Lenkowsky nomination was pending in the Senate were included, Lenkowsky’s total would be 31, and the average number of days to confirm would be 81. b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules fo the Senate. Court Services and Offender Supervision Agency to the District of Columbia Appointment Action Nominee Position Nominated Confirmed Days to confirm Paul A. Quander Director 12/04/01 07/25/02 200 Positions and Incumbents in Agency Position Director a Incumbent Level Paul A. Quander, Jr. IV Six-year term; incumbent may be removed from office prior to the expiration of term only for neglect of duty, malfeasance in office, or other good cause shown. (District of Columbia Code 241233(b)(1)). a CRS-12 Environmental Protection Agency Appointment Action Nominated Position Edwin A. Levine Asst. Admin. - Environmental Information 01/05/01 Withdrawn 03/19/01b James V. Aidala Asst. Admin. - Prevention Pesticides and Toxic Substances 01/05/01 Withdrawn 03/19/01b Christine Todd Whitman Administrator 01/20/01 01/30/01 10 Stephen L. Johnson Asst. Admin. - Prevention Pesticides and Toxic Substances 04/26/01 06/14/01 49 Linda J. Fisher Deputy Administrator 04/30/01 05/24/01 24 Jeffrey R. Holmstead Asst. Admin. - Air and Radiation 04/30/01 08/03/01 95 G. Tracy Mehan III Asst. Admin. - Water 05/14/01 08/03/01 81 Robert E. Fabricant General Counsel 05/17/01 08/03/01 Donald R. Schregardus Asst. Admin. - Enforcement and Compliance Assurance 06/28/01 Judith E. Ayres Asst. Admin. - International Affairs 06/29/01 Confirmed Days to confirma Nominee Returned 08/03/01 78 c 08/03/01 Returned 08/03/01 35 b Marianne L. Horinko Asst. Admin. - Solid Waste and Emergency Response 07/25/01 Marianne L. Horinko Asst. Admin. - Solid Waste and Emergency Response 09/04/01 Donald R. Schregardus Asst. Admin. - Enforcement and Compliance Assurance 09/04/01 Kimberly T. Nelson Asst. Admin. - Environmental Information 09/21/01 11/09/01 49 J. Paul Gilman Asst. Admin. - Research/Development 11/15/01 03/22/02 94 Morris X. Winn Asst. Admin. - Administration and Resources Management 11/15/01 02/13/02 57 Linda M. Combs Chief Financial Officer 12/20/01 02/13/02 22 John P. Suarez Asst. Admin. - Enforcement and Compliance Assurance 04/09/02 08/01/02 114 10/01/01 27 Withdrawn 09/25/01 Average number of days to confirm a nomination 57 If the number of days the first (pre-recess) Horinko nomination was pending in the Senate were included in these figures, her total would be 36, and the average number of days to confirm a nomination for the agency would be unchanged. b The nomination was submitted by President Clinton and withdrawn by President Bush. c Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. a CRS-13 Environmental Protection Agency (cont.) Positions and Incumbents in Agency Position Incumbent Administrator Christine Todd Whitman II Deputy Administrator Linda J. Fisher III Assistant Administrator - Administration and Resources Management Morris X. Winn IV Assistant Administrator - Air and Radiation Jeffrey R. Holmstead IV Assistant Administrator - Enforcement and Compliance Assurance John P. Suarez IV Assistant Administrator - Environmental Information Kimberly T. Nelson IV Assistant Administrator - International Affairs Judith E. Ayres IV Assistant Administrator - Prevention Pesticides and Toxic Substances Stephen L. Johnson IV Assistant Administrator - Research and Development J. Paul Gilman IV Assistant Administrator - Solid Waste and Emergency Response Marianne L Horinko IV Assistant Administrator - Water G. Tracy Mehan III IV Linda M. Combs IV Robert E. Fabricant IV Chief Financial Officer General Counsel a Level b Inspector General Nikki L. Tinsley IV a 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)). b The incumbent was appointed under a previous Administration. CRS-14 Federal Emergency Management Agencya Appointment Action Nominee Position Nominated Confirmed Days to confirm Joe M. Allbaugh Director 02/06/01 02/15/01 9 R. David Paulison Administrator - U.S. Fire Administration 10/16/01 11/30/01 45 Michael D. Brown Deputy Director 03/21/02 08/01/02 133 Anthony Lowe Federal Insurance Administrator 03/22/02 07/25/02 125 Average number of days to confirm a nomination 78 Positions and Incumbents in Agency Position Incumbent Level Director Joe M. Allbaugh II Deputy Director Michael D. Brown IV Administrator - Federal Insurance Administration Anthony Lowe IV Administrator - U.S. Fire Administration R. David Paulison IV Associate Director - Mitigation IV Associate Director - Response, Readiness, and Recovery IV Inspector General Richard L. Skinner (A) IV a Functions of the Federal Emergency Management Agency were transferred to the Department of Homeland Security, effective Mar. 1, 2003. Federal Mediation and Conciliation Service Appointment Action Nominee Position Nominated Confirmed Days to confirm Peter J. Hurtgen Director 06/06/02 07/29/02 53 Positions and Incumbents in Agency Position Incumbent Director Peter J. Hurtgen Level III CRS-15 General Services Administration Appointment Action Nominated Confirmed Days to confirm Administrator 04/04/01 05/24/01 50 Inspector General 06/12/01 08/03/01 52 Nominee Position Stephen A. Perry Daniel R. Levinson Average number of days to confirm a nomination 51 Positions and Incumbents in Agency Position Incumbent Level Administrator Stephen A. Perry III Inspector General Daniel R. Levinson IV National Aeronautics and Space Administration Appointment Action Confirmed Days to confirm 11/27/01 12/20/01 23 Inspector General 02/26/02 04/11/02 44 Charles F. Bolden Deputy Administrator 02/26/02 Frederick D. Gregory Deputy Administrator 07/09/02 Nominee Position Nominated Sean O’Keefe Administrator Robert W. Cobb Withdrawn 03/12/02 08/01/02 Average number of days to confirm a nomination 23 30 Positions and Incumbents in Agency Position Incumbent Level Administrator Sean O’Keefe II Deputy Administrator Frederick D. Gregory III Chief Financial Officera Gwendolyn Brown (A) IV Inspector General Robert W. Cobb IV a The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). CRS-16 National Archives and Records Administration No Appointment Action Positions and Incumbents in Agency Position Incumbent 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 The incumbent was appointed under a previous Administration. National Foundation on the Arts and Humanities Appointment Action Nominated Confirmed Days to confirma Director - Institute of Museum and Library Services 06/05/01 07/12/01 37 Bruce Cole Chair - National Endowment for the Humanities 07/25/01 Bruce Cole Chair - National Endowment for the Humanities 09/04/01 09/14/01 10 Michael Hammond Chair - National Endowment for the Arts 11/27/01 12/20/01 23 Nominee Position Robert S. Martin Average number of days to confirm a nomination Returned 08/03/01b 23 Positions and Incumbents in Agency Position Incumbent c Chair - National Endowment for the Arts Chair - National Endowment for the Humanitiese d Bruce Cole Level III III Director - Institute of Museum and Library Services Robert S. Martin III a If the number of days the first (pre-recess) Cole nomination was pending in the Senate were included in these figures, his total would be 19, and the average number of days to confirm a nomination for the foundation would be 26. b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c 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)). d Michael Hammond died on January 29, 2002, a week after taking office. e 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)). CRS-17 National Science Foundation No Appointment Action Positions and Incumbents in Agency Position Incumbent Level Directora Rita R. Colwellb II c Deputy Director Joseph Bordogna III a Term of office is six years, but the President may remove the incumbent at any time. The incumbent must leave office when term expires (42 U.S.C. 1864(a)). b Colwell was appointed under a previous Administration, and her term expires May 21, 2004. c The incumbent was appointed under a previous Administration. Office of Government Ethics No Appointment Action Positions and Incumbents in Agency Position Director Incumbent Level a b Amy L. Comstock III Term of office is five years; the incumbent must leave office when the term expires (5 U.S.C. Appendix, 401). b Comstock was appointed Nov. 3, 2000 under the previous Administration. a Office of Personnel Management Appointment Action Nominee Position Nominated Confirmed Days to confirm Kay Coles James Director 04/30/01 07/11/01 72 Dan G. Blair Deputy Director 12/20/01 02/13/02 22 Average number of days to confirm a nomination 47 Positions and Incumbents in Agency Position Director a Deputy Director Incumbent Level Kay Coles James II Dan G. Blair III Inspector General Patrick E. McFarlandb IV a Term of office is four years, but the President may remove the incumbent at any time. The incumbent must leave office when term expires (5 U.S.C. 1102(a)). b The incumbent was appointed under a previous Administration. CRS-18 Office of Special Counsel No Appointment Action Positions and Incumbents in Agency Position Incumbent Level Special Counsela Elaine D. Kaplanb V a Term of office is five years; incumbent may continue to serve for one year after his or her term expires. The President may remove incumbent from office only for inefficiency, neglect of duty, or malfeasance in office (5 U.S.C. 1211(b)). b Kaplan was appointed under a previous Administration, and her term expires Apr. 1, 2003. Overseas Private Investment Corporation Appointment Action Nominee Position Nominated Confirmed Days to confirm Peter S. Watson President 04/30/01 05/25/01 25 Ross J. Connelly Executive Vice President 07/10/01 08/03/01 24 Positions and Incumbents in Agency Position Incumbent Level President Peter S. Watson III Executive Vice President Ross J. Connelly IV Peace Corps Appointment Action Nominee Position Nominated Confirmed Days to confirm Gaddi H. Vasquez Director 10/03/01 01/25/02 81 Josephine K. Olsen Deputy Director 11/05/01 01/25/02 48 Average number of days to confirm a nomination 65 Positions and Incumbents in Agency Position Incumbent Level Director Gaddi H. Vasquez II Deputy Director Josephine K. Olsen IV CRS-19 Selective Service System Appointment Action Nominee Position Nominated Confirmed Days to confirm Alfred Rascon Director 04/30/01 05/22/01 22 Positions and Incumbents in Agency Position Incumbent Director Alfred Rascon Level IV Small Business Administration Appointment Action Nominated Confirmed Days to confirm Administrator 05/01/01 07/25/01 85 Thomas M. Sullivan Chief Counsel for Advocacy 09/21/01 01/25/02 93 Melanie Sabelhaus Deputy Administrator 11/15/01 04/08/02 111 Harold Damelin Inspector General 09/03/02 Nominee Position Hector V. Barreto Returned 11/20/02a Average number of days to confirm a nomination 96 Positions and Incumbents in Agency Position Incumbent Level Administrator Hector V. Barreto III Deputy Administrator Melanie Sabelhaus IV Chief Counsel for Advocacy Thomas M. Sullivan IV Inspector General Peter L. McClintock (A) IV a th Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-20 Social Security Administration Appointment Action Nominated Confirmed Days to confirma Nominee Position Jo Anne B. Barnhart Commissioner 07/17/01 Jo Anne B. Barnhart Commissioner 09/04/01 11/02/01 59 James B. Lockhart III Deputy Commissioner 09/14/01 01/25/02 100 Returned 08/03/01b Average number of days to confirm a nomination 80 Positions and Incumbents in Agency Position Incumbent Commissionerc Deputy Commissioner d Level Jo Anne B. Barnhart I James B. Lockhart III II Inspector General James G. Huse, Jr.e IV a If the number of days the first (pre-recess) Barnhart nomination was pending in the Senate were included in these figures, her total would be 76, and the average number of days to confirm a nomination for the agency would be 88. b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c 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)). d 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. e The incumbent was appointed under a previous Administration. Trade and Development Agency Appointment Action Nominee Position Nominated Confirmed Days to confirm Thelma J. Askey Director 04/06/01 05/26/01 50 Positions and Incumbents in Agency Position Incumbent Director Thelma J. Askey Level III CRS-21 U.S. Agency for International Developmenta Appointment Action Nominated Confirmed Days to confirmb Administrator 03/22/01 04/26/01 35 Lori A. Forman Asst. Admin. - Asia/Near East 05/16/01 07/12/01 57 Patrick M. Cronin Asst. Admin. - Policy and Program Coordination 07/25/01 08/03/01 9 Kent R. Hill Asst. Admin. - Europe/Eurasia 07/31/01 Kent R. Hill Asst. Admin. - Europe/Eurasia 09/04/01 10/30/01 56 J. Edward Fox Asst. Admin. - Legislative/Public Affairs 09/12/01 10/30/01 48 E. Anne Peterson Asst. Admin. - Global Health 09/12/01 10/30/01 48 Constance B. Newman Asst. Admin. - Sub-Saharan Africa 10/16/01 11/15/01 30 John Marshall Asst. Admin. - Management 10/23/01 11/15/01 23 Adolpho A. Franco Asst. Admin. - Latin America/ Caribbean 11/09/01 01/25/02 44 Roger P. Winter Asst. Admin. - Democracy/Conflict/ Humanitarian Assistance 11/27/01 01/25/02 26 Frederick W. Schieck Deputy Administrator 11/27/01 01/25/02 26 Emmy B. Simmons Asst. Admin. - Economic Growth/Agriculture/Trade 12/18/01 03/20/02 59 Wendy J. Chamberlain Asst. Admin. - Asia/Near East 08/01/02 11/12/02 71 Nominee Position Andrew S. Natsios Returned 08/03/01c Average number of days to confirm a nomination 41 The United States Agency for International Development (USAID) is an independent establishment as defined by 5 U.S.C. 104, with certain limitations (22 U.S.C. 6563 (a)). The USAID director “shall report to and be under the direct authority and foreign policy guidance of the Secretary of State” (22 U.S.C. 6592). b If the number of days the first (pre-recess) Hill nomination was pending in the Senate were included in these figures, his total would be 59, and the average number of days to confirm a nomination for the agency would be unchanged. c Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. a CRS-22 U.S. Agency for International Development (cont.) Positions and Incumbents in Agency Position Incumbent Level Administrator Andrew S. Natsios II Deputy Administrator Frederick W. Schieck III Assistant Administrator - Sub-Saharan Africa Constance B. Newman IV Assistant Administrator - Asia and Near East Wendy J. Chamberlain 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 Peterson IV Assistant Administrator - Economic Growth/Agriculture/Trade Emmy B. Simmons IV Assistant Administrator - Democracy/Conflict/Humanitarian Assistance Roger P. Winter IV Assistant Administrator - Management John Marshall IV Assistant Administrator - Legislative and Public Affairs J. Edward Fox IV Assistant Administrator - Policy and Program Coordination Patrick M. Cronin a Inspector General Everett L. Mosley a The incumbent was appointed under a previous Administration. IV IV CRS-23 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN THE EXECUTIVE OFFICE OF THE PRESIDENT Council of Economic Advisors Appointment Action Nominee Position Nominated Confirmed Days to confirm R. Glenn Hubbard Member 04/23/01 05/10/01 17 Mark B. McClellan Member 06/05/01 07/19/01 44 Randall S. Kroszner Member 11/05/01 11/28/01 23 Average number of days to confirm a nomination 28 Positions and Incumbents in Agency Position Chair Incumbent a Member Level R. Glenn Hubbard II Randall S. Kroszner IV Member IV a The chair and vice-chair are designated by the President (15 U.S.C. 1023(a)). No vice-chair had been designated at the time of this writing. Council on Environmental Qualitya Appointment Action Nominee Position Nominated Confirmed Days to confirm James L. Connaughton Member 04/30/01 06/14/01 45 Positions and Incumbents in Agency Position Chair Incumbent Level James L. Connaughton II P.L. 106-65, Title III, reduced the number of members on the council from three to one, with this member “serving as chairman and exercising all powers, functions, and duties of the Council.” Thus, Connaughton was nominated and confirmed as member, and automatically serves as chair. a CRS-24 Office of Management and Budget Appointment Action Nominee Position Nominated Confirmed Days to confirm Mitchell E. Daniels, Jr. Director 01/20/01 01/23/01 3 Sean O’Keefe Deputy Director 02/15/01 03/01/01 14 John D. Graham Admin. - Office of Information and Regulatory Affairs 03/28/01 07/19/01 113 Angela Styles Admin. - Federal Procurement Policy 04/23/01 05/24/01 31 Mark W. Everson Controller - Federal Financial Management 09/14/01 11/14/01 61 Nancy Dorn Deputy Director 12/18/01 02/14/02 25 Mark W. Everson Deputy Director for Management 05/06/02 08/01/02 87 Linda M. Springer Controller - Federal Financial Management 09/03/02 Average number of days to confirm a nomination Returned 11/20/02a 48 Positions and Incumbents in Agency Position Incumbent Level Director Mitchell E. Daniels, Jr. b I Deputy Director Nancy Dorn II Deputy Director - Management Mark W. Everson II III Controller - Office of Federal Financial Management Administrator - Office of Federal Procurement Policy Angela Styles IV Administrator - Office of Information and John D. Graham IV Regulatory Affairs a Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b Sean O’Keefe resigned from this position to become NASA administrator in December 2001. CRS-25 Office of National Drug Control Policy Appointment Action Days to confirma Nominee Position Nominated Confirmed John P. Walters Director 06/05/01 Returned 08/03/01b Scott M. Burns Dep. Dir. - State/Local Affairs 08/03/01 Returned 08/03/01b John P. Walters Director 09/04/01 12/05/01 92 Scott M. Burns Dep. Dir. - State/Local Affairs 09/04/01 04/12/02 187 Barry D. Crane Dep. Dir. - Supply Reduction 09/14/01 04/22/02 187 Mary Ann Solberg Deputy Director 09/21/01 04/22/02 180 Andrea G. Barthwell Dep. Dir. - Demand Reduction 12/13/01 01/25/02 10 Average number of days to confirm a nomination 131 Positions and Incumbents in Agency Position Incumbent Level Director John P. Walters Deputy Director Mary Ann Solberg III Deputy Director - Demand Reduction Andrea G. Barthwell III Deputy Director - Supply Reduction Barry D. Crane III I Deputy Director - State and Local Scott M. Burns III a If the number of days the first (pre-recess) Walters nomination was pending in the Senate were included in these figures, his total would be 151, and the average number of days to confirm a nomination for the agency would be 143. b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-26 Office of Science and Technology Policy Appointment Action Nominee Position Nominated Confirmed Days to confirm John H. Marburger III Director 09/21/01 10/23/01 32 Kathie L. Olsen Associate Director - Science 03/20/02 08/01/02 134 Richard M. Russell Associate Director - Technology 04/25/02 08/01/02 98 Average number of days to confirm a nomination 88 Positions and Incumbents in Agency Position Incumbent Level Director John H. Marburger III II Associate Director - Science Kathie L. Olsen III Associate Director - Technology Richard M. Russell III Office of the U.S. Trade Representative Appointment Action Nominated Confirmed Days to confirm Nominee Position Gregory M. Frazier Chief Agricultural Negotiator 01/05/01 Robert B. Zoellick U.S. Trade Representative 01/29/01 02/06/01 8 Peter F. Allgeier Dep. U.S. Trade Representative 04/23/01 05/26/01 33 Linnet F. Deily Dep. U.S. Trade Representative 04/30/01 05/26/01 26 Allen F. Johnson Chief Agricultural Negotiator 05/17/01 07/19/01 63 Jon M. Huntsman, Jr. Dep. U.S. Trade Representative 06/21/01 08/03/01 43 Withdrawn 03/19/01 Average number of days to confirm a nomination 35 Positions and Incumbents in Agency Position Incumbent Level U.S. Trade Representative Robert B. Zoellick Deputy U.S. Trade Representative Peter F. Allgeier III Deputy U.S. Trade Representative Linnet F. Deily III Deputy U.S. Trade Representative Jon M. Huntsman, Jr. III Chief Agricultural Negotiator Allen F. Johnson III I CRS-27 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN MULTILATERAL ORGANIZATIONS African Development Bank Appointment Action Nominee Position Cynthia S. Perry U.S. Director Nominated Confirmed Days to confirm 09/10/01 11/15/01 66 Positions and Incumbents in Agency Position Incumbent Level U.S. Directora Cynthia S. Perry V a Term of office is five years; incumbent may continue in office when a term expires until a successor is appointed (22 U.S.C. 290i-1(a)). Asian Development Bank Appointment Action Nominee Position Paul W. Speltz U.S. Executive Director Nominated Confirmed Days to confirm 06/05/02 08/01/02 57 Positions and Incumbents in Agency Position Incumbent U.S. Executive Director Paul W. Speltz Level V CRS-28 European Bank for Reconstruction and Development No Appointment Action Nominee Position Mark Sullivan U.S. Director Nominated Confirmed Days to confirm 04/25/02 08/01/02 98 Positions and Incumbents in Agency Position Incumbent Level U.S. Director Mark Sullivan n. a.a a The statutory basis for this position, 22 U.S.C. 2901-l, makes no provision regarding the compensation of the position holder. Inter-American Development Bank Appointment Action Nominated Confirmed Days to confirm U.S. Alternate Executive Director 09/05/01 01/28/02 112 U.S. Executive Director 09/12/01 11/15/01 64 Nominee Position Jorge L. Arrizurieta Jose A. Fourquet Average number of days to confirm a nomination 88 Positions and Incumbents in Agency Position Incumbent Level U.S. Executive Directora Jose A. Fourquet n. a.b U. S. Alternate Executive Directora Jorge L. Arrizurieta n. a.b a Term of office is three years; incumbent may remain in office when a term expires until a successor is appointed (22 U.S.C. 2831(b)). b The incumbent is not paid by the U.S. government (22 U.S.C. 283a(c)). CRS-29 International Bank for Reconstruction and Development Appointment Action Nominated Confirmed Days to confirm U.S. Executive Director 06/28/01 08/03/01 36 U.S. Alternate Executive Director 12/13/01 03/20/02 64 Nominee Position Carole Brookins Robert B. Holland III Average number of days to confirm a nomination 50 Positions and Incumbents in Agency Position Incumbent U.S. Executive Directora Level Carole Brookins IV a U.S. Alternate Executive Director Robert B. Holland III V 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)). International Monetary Fund Appointment Action Nominated Confirmed Days to confirm U.S. Executive Director 06/29/01 08/03/01 35 U.S. Executive Director 07/31/02 11/12/02 72 Nominee Position Randal Quarlesa Nancy P. Jacklin Average number of days to confirm a nomination 54 Positions and Incumbents in Agency Position Incumbent b U.S. Executive Director Nancy Jacklin Level IV U.S. Alternate Executive Directorb Margrethe Lundsagerc V a Quarles served in this position until March 2002. He became Assistant Secretary of the Treasury for International Affairs in April 2002. b Term of office is two years; the incumbent may remain in office when a term expires until a successor is appointed (22 U.S.C. 286a(a)). c The incumbent was appointed under a previous Administration. CRS-30 NOMINATIONS AND INCUMBENTS: FULL-TIME POSITIONS IN LEGISLATIVE BRANCH AGENCIES Architect of the Capitol No Appointment Action Positions and Incumbents in Agency Position Incumbent Level Architect of the Capitola Alan M. Hantman b III a The architect is appointed to a 10-year term. b The incumbent was appointed under a previous Administration. His term expires Jan. 30, 2007. General Accounting Office No Appointment Action Positions and Incumbents in Agency Position Comptroller General Incumbent a David M. Walker c Level b II Deputy Comptroller General III 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)). b The incumbent was appointed under a previous Administration. His term expires Oct. 20, 2013. c The term of the deputy comptroller general expires upon the appointment of a new Comptroller General, or when a successor is appointed. CRS-31 Government Printing Office Appointment Action Nominee Position Bruce R. James Public Printer Nominated Confirmed Days to confirm 08/01/02 11/20/02 79 Positions and Incumbents in Agency Position Incumbent Public Printer Bruce R. James Level IV Library of Congress No Appointment Action Positions and Incumbents in Agency Position Incumbent Level a Librarian of Congress James H. Billington a The incumbent was appointed under a previous Administration. III CRS-32 Appendix A. Alphabetical Listing of Nominees and Appointees, January 3, 2001 – January 3, 2003 Agencya EPA Nomination Date 01/05/01 Joe M. Allbaugh Peter F. Allgeier Jorge L. Arrizurieta Thelma J. Askey Judith E. Ayres Position Asst. Admin. - Prevention Pesticides and Toxic Substances Director Deputy U.S. Trade Representative U.S. Alternate Executive Director Director Asst. Admin. - International Affairs FEMA OUSTR IADB TDA EPA 02/06/01 04/23/01 09/05/01 04/06/01 06/29/01 02/15/01 05/26/01 01/28/02 05/26/01 08/03/01 Jo Anne B. Barnhart Jo Anne B. Barnhart Hector V. Barreto Andrea G. Barthwell Dan G. Blair Charles F. Bolden Carole Brookins Michael D. Brown Scott M. Burns Scott M. Burns Commissioner Commissioner Administrator Deputy Director - Demand Reduction Deputy Director Deputy Administrator U.S. Executive Director Deputy Director Deputy Director - State/Local Affairs Deputy Director - State/Local Affairs SSA SSA SBA ONDCP OPM NASA IBRD FEMA ONDCP ONDCP 07/17/01 09/04/01 05/01/01 12/13/01 12/20/01 02/26/02 06/28/01 03/21/02 08/03/01 09/04/01 Returned 08/03/01 11/02/01 59 07/25/01 85 01/25/02 10 02/13/02 22 Withdrawn 03/12/02 08/03/01 36 08/01/02 133 Returned 08/03/01 04/12/02 187 Wendy J. Chamberlain Robert W. Cobb Bruce Cole USAID NASA NFAH 08/01/02 02/26/02 07/25/01 11/12/02 71 04/11/02 44 Returned 08/03/01 NFAH 09/04/01 09/14/01 10 EPA CEQ OPIC ONDCP USAID 12/20/01 04/30/01 07/10/01 09/14/01 07/25/01 02/13/02 06/14/01 08/03/01 04/22/02 08/03/01 22 45 24 187 9 Harold Damelin Mitchell E. Daniels, Jr. Linnet F. Deily Nancy Dorn Asst. Admin. - Asia/Near East Inspector General Chair - National Endowment for the Humanities Chair - National Endowment for the Humanities Chief Financial Officer Member Executive Vice President Deputy Director - Supply Reduction Asst. Admin. - Policy and Program Coordination Inspector General Director Deputy U.S. Trade Representative Deputy Director SBA OMB OUSTR OMB 09/03/02 01/20/01 04/30/01 12/18/01 Returned 11/20/02 01/23/01 3 05/26/01 26 02/14/02 25 Mark W. Everson Mark W. Everson Controller - Federal Financial Management OMB Deputy Director for Management OMB 09/14/01 05/06/02 11/14/01 08/01/02 61 87 Robert E. Fabricant Linda J. Fisher General Counsel Deputy Administrator 05/17/01 04/30/01 08/03/01 05/24/01 78 24 Nominee James V. Aidala Bruce Cole Linda M. Combs James L. Connaughton Ross J. Connelly Barry D. Crane Patrick M. Cronin EPA EPA ConfirmDays to ation Date confirm Withdrawn 03/19/01 9 33 112 50 35 CRS-33 Nomination Date 05/16/01 09/12/01 09/12/01 11/09/01 01/05/01 ConfirmDays to ation Date confirm 07/12/01 57 11/15/01 64 10/30/01 48 01/25/02 44 Withdrawn 03/19/01 Nominee Lori A. Forman Jose A. Fourquet J. Edward Fox Adolpho A. Franco Gregory M. Frazier Position Asst. Admin. - Asia/Near East U.S. Executive Director Asst. Admin. - Legislative/Public Affairs Asst. Admin. - Latin America/Caribbean Chief Agricultural Negotiator Agencya USAID IADB USAID USAID OUSTR J. Russell George J. Paul Gilman John D. Graham Inspector General Asst. Admin. - Research/Development Admin. - Office of Information/Regulatory Affairs Deputy Administrator Chief Financial Officer CNCS EPA OMB 02/27/02 11/15/01 03/28/01 07/29/02 03/22/02 07/19/01 152 94 113 NASA CNCS 07/09/02 06/25/02 08/01/02 09/26/02 23 61 Chair - National Endowment for the Arts Inspector General Asst. Admin. - Europe/Eurasia Asst. Admin. - Europe/Eurasia U.S. Alternate Executive Director Asst. Admin. - Air and Radiation Asst. Admin. - Solid Waste and Emergency Response Asst. Admin. - Solid Waste and Emergency Response Member Deputy U.S. Trade Representative Director NFAH CIA USAID USAID IBRD EPA EPA 11/27/01 02/27/02 07/31/01 09/04/01 12/13/01 04/30/01 07/25/01 12/20/01 23 04/26/02 58 Returned 08/03/01 10/30/01 56 03/20/02 64 08/03/01 95 Returned 08/03/01 EPA 09/04/01 10/01/01 27 CEA OUSTR FMCS 04/23/01 06/21/01 06/06/02 05/10/01 08/03/01 07/29/02 17 43 53 Nancy P. Jacklin Bruce R. James Kay Coles James Allen F. Johnson Stephen L. Johnson U.S. Executive Director Public Printer Director Chief Agricultural Negotiator Asst. Admin. - Prevention Pesticides and Toxic Substances IMF GPO OPM OUSTR EPA 07/31/02 08/01/02 04/30/01 05/17/01 04/26/01 11/12/02 11/20/02 07/11/01 07/19/01 06/14/01 72 79 72 63 49 Randall S. Kroszner Member CEA 11/05/01 11/28/01 23 Leslie Lenkowsky Leslie Lenkowsky Edwin A. Levine Daniel R. Levinson James B. Lockhart III Anthony Lowe Chief Executive Officer Chief Executive Officer Asst. Admin. - Environmental Information Inspector General Deputy Commissioner Federal Insurance Administrator CNCS CNCS EPA GSA SSA FEMA 07/31/01 09/04/01 01/05/01 06/12/01 09/14/01 03/22/02 Returned 08/03/01 10/02/01 28 Withdrawn 03/19/01 08/03/01 52 01/25/02 100 07/25/02 125 John H. Marburger III John Marshall Director Asst. Admin. - Management OSTP USAID 09/21/01 10/23/01 10/23/01 11/15/01 Frederick D. Gregory Michelle Guillermin Michael Hammond John L. Helgerson Kent R. Hill Kent R. Hill Robert B. Holland III Jeffrey R. Holmstead Marianne L. Horinko Marianne L. Horinko R. Glenn Hubbard Jon M. Huntsman, Jr. Peter J. Hurtgen 32 23 CRS-34 Nomination Date 06/05/01 Confirmation Date 07/12/01 Days to confirm 37 CEA EPA CIA 06/05/01 05/14/01 09/03/02 07/19/01 08/03/01 10/17/02 44 81 44 Administrator Asst. Admin. - Environmental Information Asst. Admin. - Sub-Saharan Africa USAID EPA USAID 03/22/01 09/21/01 10/16/01 04/26/01 11/09/01 11/15/01 35 49 30 Sean O’Keefe Sean O’Keefe Josephine K. Olsen Kathie L. Olsen Deputy Director Administrator Deputy Director Associate Director - Science OMB NASA PC OSTP 02/15/01 11/27/01 11/05/01 03/20/02 03/01/01 12/20/01 01/25/02 08/01/02 14 23 48 134 R. David Paulison Richard J. Peltz Cynthia S. Perry Stephen A. Perry E. Anne Peterson Anne B. Pope Administrator - U.S. Fire Administration Alternate Federal Co-Chair U.S. Director Administrator Asst. Admin. - Global Health Federal Co-Chair FEMA ARC AfDB GSA USAID ARC 10/16/01 09/05/02 09/10/01 04/04/01 09/12/01 09/05/02 11/30/01 11/18/02 11/15/01 05/24/01 10/30/01 11/18/02 45 74 66 50 48 74 Paul A. Quander Randal Quarles Director U.S. Executive Director CSOSA IMF 12/04/01 06/29/01 07/25/02 08/03/01 200 35 Alfred Rascon Richard M. Russell Director Associate Director - Technology SSS OSTP 04/30/01 04/25/02 05/22/01 08/01/02 22 98 Melanie Sabelhaus Frederick W. Schieck Donald R. Schregardus Deputy Administrator Deputy Administrator Asst. Admin. - Enforcement and Compliance Assurance Asst. Admin. - Enforcement and Compliance Assurance Asst. Admin. - Economic Growth/ Agriculture/Trade Deputy Director U.S. Executive Director Controller - Federal Financial Management Admin. - Federal Procurement Policy Asst. Admin. - Enforcement and Compliance Assurance U.S. Director Chief Counsel for Advocacy SBA USAID EPA 11/15/01 11/27/01 06/28/01 04/08/02 111 01/25/02 26 Returned 08/03/01 EPA 09/04/01 Withdrawn 09/25/01 USAID 12/18/01 03/20/02 ONDCP AsDB OMB OMB EPA 09/21/01 06/05/02 09/03/02 04/23/01 04/09/02 04/22/02 180 08/01/02 57 Returned 11/20/02 05/24/01 31 08/01/02 114 EBRD SBA 04/25/02 09/21/01 08/01/02 01/25/02 Agencya NFAH Mark B. McClellan G. Tracy Mehan III Scott W. Muller Position Director - Institute of Museum and Library Services Member Asst. Admin. - Water General Counsel Andrew S. Natsios Kimberly T. Nelson Constance B. Newman Nominee Robert S. Martin Donald R. Schregardus Emmy B. Simmons Mary Ann Solberg Paul W. Speltz Linda M. Springer Angela Styles John P. Suarez Mark Sullivan Thomas M. Sullivan 59 98 93 CRS-35 Nominee Gaddi H. Vasquez Position Director Agencya PC Nomination Date 10/03/01 John P. Walters John P. Walters Peter S. Watson Christine Todd Whitman Morris X. Winn Director Director President Administrator Asst. Admin. - Administration and Resources Management Asst. Admin. - Democracy/Conflict/ Humanitarian Assistance ONDCP ONDCP OPIC EPA EPA 06/05/01 09/04/01 04/30/01 01/20/01 11/15/01 Returned 08/03/01 12/05/01 92 05/25/01 25 01/30/01 10 02/13/02 57 USAID 11/27/01 01/25/02 Roger P. Winter Robert B. Zoellick Confirmation Date 01/25/02 U.S. Trade Representative OUSTR 01/29/01 02/06/01 Average number of days to confirm nomination b a Agency abbreviations are found in Appendix C. b All pending nominations were returned to the President prior to the August 2001 recess, and new nominations were submitted for most of the affected nominees in early September. If the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees, the average number of days to confirm would be 61. Days to confirm 81 26 8 60 CRS-36 Appendix B. Appointment Action During the 107th Congress, by Agency Grouping Agency grouping Confirmations Returned Withdrawn Average days to confirm b Positions Nominations Unduplicated nominations a Independent agencies 81 71 65 60 7 4 56 Executive Office of the President 23 28 26 24 3 1 65 Multilateral units 9 9 9 9 0 0 67 Legislative agencies 5 1 1 1 0 0 79 Total 118 109 101 94 10 5 Figures in this column do not include repeat nominations of the same individual to the same position. Eight nominations to independent and other agencies were returned to the President on Aug. 3, 2001, prior to a 31-day Senate recess. The eight individuals were nominated a second time after the Senate reconvened, and these second nominations are not included in the figures in this column. In addition, two individuals, Sean O’Keefe and Mark Everson, were each nominated to two different positions during the 107th Congress. In each of these cases, both nominations are included in the figures in this column. b All pending nominations were returned to the President prior to the August 2001 recess, and new nominations were submitted for most of the affected nominees in early September. If the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees, the average number of days to confirm would be 57 for independent agencies, 67 for the Executive Office of the President, 67 for multilateral units, 79 for legislative agencies, and 61 for all agencies combined. a 60 CRS-37 Appendix C. Agency Abbreviations Independent Agencies ARC Appalachian Regional Commission CIA Central Intelligence Agency CNCS Corporation for National and Community Service CSOSA Court Services and Offender Supervision Agency for the District of Columbia EPA Environmental Protection Agency FEMA Federal Emergency Management Agency FMCS Federal Mediation and Conciliation Service GSA General Services Administration NARA National Archives and Records Administration NASA National Aeronautics and Space Administration NFAH National Foundation on the Arts and Humanities IMS Institute of Museum Sciences NEA National Endowment for the Arts NEH National Endowment for the Humanities NSF National Science Foundation OGE Office of Government Ethics OPM Office of Personnel Management OSC Office of Special Counsel OPIC Overseas Private Investment Corporation 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 IMF International Monetary Fund Legislative Branch Agencies AC Architect of the Capitol GAO General Accounting Office GPO Government Printing Office LC Library of Congres EveryCRSReport.com The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the Library of Congress, charged with providing the United States Congress non-partisan advice on issues that may come before Congress. 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