Order Code RL30959
Presidential Appointee Positions
Requiring Requiring
Senate Confirmation and
Committees Handling Nominations
Updated March 18, 2008
Henry B. Hogue
Analyst in American National Government
Government and Finance Division
Maureen Bearden
Information Research Specialist
Knowledge Services Group
Terrence L. Lisbeth
Reference Assistant
Knowledge Services Group
Presidential Appointee Positions Requiring Senate
Confirmation and Committees Handling Nominations
Committees
Handling Nominations
Christopher M. Davis
Analyst on Congress and the Legislative Process
Jerry W. Mansfield
Information Research Specialist
November 15, 2012
Congressional Research Service
7-5700
www.crs.gov
RL30959
CRS Report for Congress
Prepared for Members and Committees of Congress
Presidential Appointee Positions Requiring Senate Confirmation
Summary
As part of the process of making an appointment to an advice and consent
position, the President
usually submits a nomination to the Senate. The Senate’s
executive clerk executive clerk, acting on behalf of the
Senate’s presiding officer, refers the nomination to the appropriate committee or committees on
the day it is received. When making a referral, the executive clerk is guided by
Senate Rule XXV,
which establishes the subject matter under the purview of each
committee and directs that “all
proposed legislation, messages, petitions, memorials,
and other matters relating primarily to
[those] subjects” be referred to that committee.
The executive clerk is also guided by precedents
set by prior referrals and by standing
orders and unanimous consent (UC) agreements adopted by
the Senate pertaining to the referral of nominations.
Most nominations are referred to one committee. For some positions, a
nomination or series of
nominations to a position are referred to more than one
committee, pursuant to a standing order, a
UC agreement, or a statutory provision.
A nomination may be jointly or sequentially referred to
multiple committees. Joint
referral has generally occurred when more than one committee has had
a claim to
jurisdiction over the subject matter related to the position. Under joint referral, the
committees receive the nomination simultaneously and may consider it concurrently.
All All
committees to which a nomination is referred must report it to the full Senate or
be discharged
from its further consideration before it may be considered on the floor.
Sequential referral has
generally occurred when one committee has had predominant
jurisdiction over the subject matter
related to the position, but other committees have
had a claim as well. Under this process, a
nomination is referred to the committee
with predominant jurisdiction first and is then
sequentially referred to additional
committees. Consideration of subsequent referrals can be
subject to a time limit after
which the committee or committees without primary jurisdiction are automatically
automatically discharged from further consideration of the nomination. Certain nominations or
categories of nominations are subject to a potentially more expedited Senate consideration
pursuant to a standing order adopted in the 112th Congress.
This report identifies, by Senate committee, presidentially appointed positions
requiring Senate
confirmation based on referrals as of October 31, 2007. For each
the date of passage of S. 679, which became P.L. 112-166 on
August 10, 2012. This public law removed numerous presidentially appointed positions from the
advice and consent process for relevant U.S. Senate committees. A complete list of the
presidentially appointed positions that no longer require Senate confirmation may be found in the
Appendix of this report. For each committee list, positions are categorized as full- or part-time
and then grouped by
department or agency. Where nominations have been referred to more than one
one committee, the organizations and titles are noted under each of the committees to
which the
nominations were referred. The lists also include the lengths of fixed
terms, where applicable.
Some commissions, councils, and other multi-member
entities are required, by their enabling
statutes, to maintain political balance in some
way. This is noted in parentheses where applicable.
The information provided in this report was compiled from the Senate
nominations database of
the Legislative Information System, data provided on
available to the congressional community at
http://www.congress.gov/nomis (the public database is http://thomas.loc.gov/home/nomis.html),
data on departmental and agency websites, telephone conversations with agency officials, and
the United States Code. Related information may be found in CRS Report 98-242,
Committee Jurisdiction and Referral in the Senate, by Judy Schneider; and CRS
the
United States Code. For related information, see CRS Report RL31980, Senate Consideration of
Presidential Nominations: Committee
and Floor Procedure, by Elizabeth Rybicki.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Senate Committee on Agriculture, Nutrition, and Forestry . . . . . . . . . . . . . . . . . . 5
Senate Committee on Armed Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Senate Committee on Banking, Housing, and Urban Affairs . . . . . . . . . . . . . . . 10
Senate Committee on the Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Senate Committee on Commerce, Science, and Transportation . . . . . . . . . . . . . 15
Senate Committee on Energy and Natural Resources . . . . . . . . . . . . . . . . . . . . . 19
Senate Committee on Environment and Public Works . . . . . . . . . . . . . . . . . . . . 21
Senate Committee on Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Senate Committee on Foreign Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Senate Committee on Health, Education, Labor, and Pensions . . . . . . . . . . . . . . 33
Senate Committee on Homeland Security and Governmental Affairs . . . . . . . . 38
Senate Committee on Indian Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Senate Select Committee on Intelligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Senate Committee on the Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Senate Committee on Rules and Administration . . . . . . . . . . . . . . . . . . . . . . . . . 48
Senate Committee on Small Business and Entrepreneurship . . . . . . . . . . . . . . . 49
Senate Committee on Veterans’ Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Presidential Appointee Positions
Requiring Senate Confirmation and
Committees Handling the Nominations
Introduction1
Under the Constitution, the President and the Senate share the power to appoint
the principal officers of the United States. Almost all of the highest-level political
appointee positions in the federal government are filled by these officers.2 Three
distinct stages mark the appointment process — selection and nomination by the
President, consideration of the nomination by the Senate, and, if the nominee is
confirmed, official appointment by the President.3 During the confirmation process
in the Senate, a nomination is first referred to one or more committees. Then, if the
committee or committees report the nomination to the full Senate, or are discharged
from further consideration of the nomination, it is placed on the Senate’s Executive
Calendar and may be called up for floor consideration.4 The following pages briefly
describe the referral process and identify, for each committee to which referrals have
been made, the positions that have fallen within the committee’s jurisdiction.
Referral of Nominations to Senate Committees5
As part of the process of making an appointment to an advice and consent
position, the President usually submits a nomination to the Senate. The Senate’s
executive clerk refers the nomination to the appropriate committee or committees on
the day it is received. When making a referral, the executive clerk is guided by
Senate Rule XXV, which establishes the subject matters under the purview of each
committee and directs that “all proposed legislation, messages, petitions, memorials,
and other matters relating primarily to [those] subjects” be referred to that committee.
The executive clerk is also guided by precedents set by prior referrals and by standing
orders and unanimous consent (UC) agreements pertaining to referral of nominations.
1
Michael Kerwin, a former CRS research assistant, also contributed to this report.
2
Positions in the White House Office to which the President makes appointments without
the need for Senate confirmation are important exceptions.
3
In the final, official appointment stage, a confirmed nominee is given a commission signed
by the President, with the seal of the United States affixed thereto, and is sworn into office.
4
For more information on the Senate confirmation process, see CRS Report RL31980,
Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by
Elizabeth Rybicki.
5
For more information on Senate committee referrals generally, see CRS Report 98-242,
Committee Jurisdiction and Referral in the Senate, by Judy Schneider.
CRS-2
Most nominations are sent to a single committee. Occasionally, the Senate has
agreed, by unanimous consent, by standing order, or by statute, to refer one or more
nominations to more than one committee. Some UC agreements provided for such
a multiple referral only in the case of a specific nomination, while other UC
agreements applied to all future nominations to a particular position.
Nominations that are referred to more than one committee may be referred
jointly or sequentially. If a nomination is referred jointly, the committees receive it
simultaneously and may consider it concurrently. All committees to which a
nomination is referred must report it to the full Senate or be discharged from its
further consideration before it may be considered on the floor. In the case of a
sequential referral, the nomination is referred first to the committee of predominant
jurisdiction and referred sequentially to other committees as specified by the UC
agreement or standing order. UC agreements for sequential referral can stipulate that
the nomination must be reported out of the second committee within a specified
period of time (usually 20 days), or else that committee will be automatically
discharged from further consideration of the nomination.
Joint referral of a nomination has usually occurred when more than one
committee appear to have had relatively equal jurisdictional claims. Since at least
the beginning of the 109th Congress, nominations to eight positions — two each in
the Department of Commerce and the Office of Management and Budget, and one
each in the Department of Energy, Department of the Interior, Department of Labor,
and Pension Benefit Guaranty Corporation — have been referred jointly to two
committees.6
Sequential referral has been more likely when jurisdictional predominance
appeared to favor one committee, but other committees also have had some
jurisdictional claim on the nomination. In those instances, the nomination has
usually been referred to the committee with predominant jurisdiction, and, after being
reported to the full Senate by that committee, it has been referred sequentially to
other committees. Since at least the beginning of the 109th Congress, the Senate has
agreed, by unanimous consent, to refer sequentially nominations to most inspector
general (IG) positions,7 as well as four other positions — one in the Department of
6
The positions are Under Secretary of Commerce for International Trade; Assistant
Secretary of Commerce for Trade Promotion/Director General of the U.S. and Foreign
Commercial Service; Director of the Office of Management and Budget; Deputy Director
of the Office of Management and Budget; Assistant Secretary of Energy for Environmental
Management; Assistant Secretary of the Interior for Fish, Wildlife, and Parks; Assistant
Secretary of Labor for Veterans’ Employment and Training Service; and Director of the
Pension Benefit Guaranty Corporation.
7
On January 9, 2007, the Senate agreed, by unanimous consent, “that nominations to the
Office of Inspector General, except the Office of Inspector General of the Central
Intelligence Agency, be referred in each case to the committee having primary jurisdiction
over the department, agency or entity, and if and when reported in each case, then to the
Committee on Homeland Security and Governmental Affairs for not to exceed 20 calendar
days, except that in cases when the 20-day period expires while the Senate is in recess, the
committee shall have an additional 5 calendar days after the Senate reconvenes to report the
(continued...)
CRS-3
Defense, one in the Department of Justice, and two in the Department of Homeland
Security.8
In a small number of cases, nominations have been referred to more than one
committee on an ad hoc basis by unanimous consent. A 2004 nomination for Under
Secretary of the Treasury for Enforcement, for example, was first referred to the
Committee on Finance. After the committee had reported the nomination, it was
referred to the Committee on Banking, Housing, and Urban Affairs, and
simultaneously re-referred to the Committee on Finance, pursuant to a UC
agreement.9 A 2006 nomination to be Assistant Secretary of State for Intelligence
and Research was initially referred to the Committee on Foreign Relations. Two
days after this referral, the committee was discharged from further consideration of
the nomination, and the nomination was referred to the Select Committee on
Intelligence by unanimous consent.10 Also in 2006, a nomination to the position of
Federal Coordinator for Alaska Natural Gas Transportation Projects was initially
referred to the Committee on Commerce, Science, and Transportation. Two weeks
later, the Senate agreed, by unanimous consent, to discharge this committee from
further consideration of the nomination, and to then refer the nomination to the
Committee on Energy and Natural Resources.11
In some instances, different committees have exercised jurisdiction over
different positions within the same department or agency. (For details, see the
committee presentations that follow.) For example, six committees have jurisdiction
over positions in the Department of Commerce, and four committees have
jurisdiction over positions in the Department of the Interior. Usually, however, one
committee has jurisdiction over most positions in a department or agency.
7
(...continued)
nomination and that if the nomination is not reported after the expiration of that period, the
nomination be automatically discharged and placed on the executive calendar.” Sen. Harry
Reid, “Executive Nominations,” remarks in the Senate, Congressional Record, daily edition,
vol. 153, January 9, 2007, p. S310.
8
These sequentially referred nominations include those to be the Assistant Secretary of the
Army for Civil Works, which was referred to the Committee on Armed Services and the
Committee on Environment and Public Works; the Assistant Attorney General for the
National Security Division, which was referred to Committee on the Judiciary and the Select
Committee on Intelligence; the Assistant Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement, which was referred, in two cases, to the Committee
on Homeland Security and Governmental Affairs and the Committee on the Judiciary; and
the Assistant Secretary of Homeland Security for the Transportation Security
Administration, which was referred to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental Affairs.
9
Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate, Congressional Record,
daily edition, vol. 150, July 8, 2004, p. S7864.
10
Sen. Mitch McConnell, “Referral of Discharged Nomination,” remarks in the Senate,
Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898.
11
Sen. Mitch McConnell, “Discharge and Referral,” remarks in the Senate, Congressional
Record, daily edition, vol. 152, June 29, 2006, p. S7176.
CRS-4
The appointment provisions for certain executive branch chief financial officers
(CFOs) are unusual. The Chief Financial Officers Act of 1990, as amended, covers
CFOs in 24 specified departments and agencies. Of these, 16 positions may be filled
through appointment by the President, with the advice and consent of the Senate, or
through designation by the President from among agency officials who have been
confirmed by the Senate for other positions.12 These CFO positions are identified
under the appropriate committees in this report.
Organization of the Report
This report identifies, for each Senate committee to which nominations have
been referred during recent Congresses, the positions over which the committee has
exercised jurisdiction. The lists are based on referrals through October 31, 2007. For
each committee list, positions are categorized as full- or part-time and then grouped
by department or agency. Where nominations have been referred to more than one
committee, the organizations and titles are noted under each of the committees to
which the nominations were referred. A footnote indicates the authority under which
the referral to multiple committees was made.
Policy areas are not specified in statute for some of the sub-secretary positions.
The policy areas shown in the listings for such positions are drawn from the text of
presidential nomination messages and information from agency officials. In these
cases, titles, specific responsibilities, and referral patterns may change over time.
Most appointments to departments and single-headed agencies are characterized
by an indefinite tenure; office holders serve at the pleasure of the President. In
contrast, terms of office for appointments to multi-member entities, such as
commissions and boards, are often for fixed periods of time. For those positions that
have fixed terms of office, the lists include the lengths of the terms.
Some commissions, councils, and other multi-member entities are required, by
their enabling statutes, to maintain political balance in some way. This is noted in
parentheses where applicable.
The information provided in this report was compiled from the Senate
nominations database of the Legislative Information System,13 which spans the 97th
Congress to the present; data provided on departmental and agency websites;
telephone conversations with agency officials; and the United States Code.
12
31 U.S.C. § 901(a)(1). For more information, see CRS Report RL31965, Financial
Management in the Federal Government: Efforts to Improve Performance, by Virginia A.
McMurtry; and CRS Report RL32550, Homeland Security Financial Accountability Act:
History and Recent Developments, by Virginia A. McMurtry.
13
This database, which is accessible to Congress, is available at [http://www.congress.gov/
nomis/]. A similar, publicly available database is available at [http://thomas.loc.gov/home/
nomis.html].
CRS-5
Senate Committee on Agriculture,
Nutrition, and Forestry
Full-Time Positions
Department of Agriculture14
Secretary
Deputy Secretary
Under Secretary — Farm and Foreign Agricultural Services
Under Secretary — Food, Nutrition, and Consumer Services
Under Secretary — Food Safety
Under Secretary — Marketing and Regulatory Programs
Under Secretary — Natural Resources and Environment
Under Secretary — Research, Education, and Economics
Under Secretary — Rural Development
Administrator — Rural Utilities Services
Assistant Secretary — Administration
Assistant Secretary — Civil Rights
Assistant Secretary — Congressional Relations
Chief Financial Officer15
General Counsel
Inspector General16
Director — Commodity Credit Corporation (seven positions — In addition, the
Secretary of Agriculture is an ex-officio director and chair of the board.)
Commodity Futures Trading Commission (political balance required)
Commissioner — five positions (five-year terms of office — Chair, who must
first be confirmed as a commissioner, also needs to be confirmed.)
Farm Credit Administration (political balance required)
Member — three positions (six-year terms of office)
14
For other positions within the department, see also Committee on Homeland Security and
Governmental Affairs (for inspector general position).
15
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
16
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-6
Senate Committee on Agriculture, Nutrition,
and Forestry (cont.)
Part-Time Positions
Federal Agricultural Mortgage Corporation (Farmer Mac), Board of Directors
Member — five (of 15 total) positions (indefinite terms of office; political
balance required)
CRS-7
Senate Committee on Armed Services
Full-Time Positions
Department of Defense17
Office of the Secretary
Secretary
Deputy Secretary
Under Secretary — Acquisition, Technology, and Logistics
Under Secretary — Comptroller and Chief Financial Officer18
Under Secretary — Intelligence
Under Secretary — Personnel and Readiness
Under Secretary — Policy
Deputy Under Secretary — Logistics and Materiel Readiness
Deputy Under Secretary — Acquisition and Technology
Principal Deputy Under Secretary — Personnel and Readiness
Principal Deputy Under Secretary — Policy
Assistant Secretary — Asian and Pacific Security Affairs
Assistant Secretary — Global Security Affairs
Assistant Secretary — Health Affairs
Assistant Secretary — Homeland Defense
Assistant Secretary — International Security Affairs
Assistant Secretary — Legislative Affairs
Assistant Secretary — Networks and Information Integration/Chief Information
Officer
Assistant Secretary — Public Affairs
Assistant Secretary — Reserve Affairs
Assistant Secretary — Special Operations and Low-Intensity Conflicts
Assistant to the Secretary — Nuclear and Chemical and Biological Defense
Programs
Director — Defense Research and Engineering
Director — Operational Test and Evaluation
General Counsel
Inspector General19
17
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
18
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
19
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-8
Senate Committee on Armed Services (cont.)
Department of Defense (cont.)
Military Officers (commissions and promotions)
Department of the Air Force
Secretary
Under Secretary
Assistant Secretary — Acquisition
Assistant Secretary — Financial Management and Comptroller
Assistant Secretary — Manpower and Reserve Affairs
Assistant Secretary — Installations, Environment, and Logistics
General Counsel
Department of the Army
Secretary
Under Secretary
Assistant Secretary — Acquisition, Logistics, and Technology
Assistant Secretary — Civil Works20
Assistant Secretary — Financial Management and Comptroller
Assistant Secretary — Installations and Environment
Assistant Secretary — Manpower and Reserve Affairs
General Counsel
Department of the Navy
Secretary
Under Secretary
Assistant Secretary — Financial Management and Comptroller
Assistant Secretary — Installations and Environment
Assistant Secretary — Manpower and Reserve Affairs
Assistant Secretary — Research, Development, and Acquisition
General Counsel
20
As of October 31, 2007, the most recent nomination to this position had been referred
sequentially to the Committee on Armed Services and the Committee on Environment and
Public Works. On March 10, 2005, the Senate agreed, by unanimous consent, that “when
the nomination for the Assistant Secretary for Civil Works is received by the Senate, it be
referred to the Committee on Armed Services; provided that when the Committee on Armed
Services reports the nomination it be referred to the Committee on Environment and Public
Works for a period of 20 days of session; provided further that if the Committee on
Environment and Public Works does not report the nomination within those 20 days, the
committee be discharged from further consideration of the nomination and the nomination
be placed on the Calendar.” Sen. Mitch McConnell, “Unanimous Consent Agreement —
Executive Calendar,” remarks in the Senate, Congressional Record, daily edition, vol. 151,
March 10, 2005, p. S2499.
CRS-9
Senate Committee on Armed Services (cont.)
Department of Defense (cont.)
Joint Chiefs of Staff
Chair (two-year term of office)
Vice Chair (two-year term of office)
Chief of Staff (Air Force) (four-year term of office)
Chief of Staff (Army) (four-year term of office)
Chief of Naval Operations (four-year term of office)
Commandant of the Marine Corps (four-year term of office)
Department of Energy21
Under Secretary — Nuclear Security/Administrator — National Nuclear
Security Administration (NNSA)
Principal Deputy Administrator — NNSA
Deputy Administrator — Defense Programs — NNSA
Deputy Administrator — Defense Nuclear Nonproliferation — NNSA
Assistant Secretary — Environmental Management22
Defense Nuclear Facilities Safety Board (political balance required)
Member — five positions (five-year terms of office)
Selective Service System
Director
U.S. Court of Appeals for the Armed Services (political balance required)
Judge — five positions (15-year terms of office)
Part-Time Positions
National Security Education Board
Member — six (of 13 total) positions (terms of office not to exceed four years)
Uniformed Services University of the Health Sciences, Board of Regents
Member — nine positions (six-year terms of office)
21
For other positions within the department, see also Committee on Energy and Natural
Resources and Committee on Homeland Security and Governmental Affairs (for inspector
general position).
22
Nominations to this position are referred jointly to the Committee on Armed Services and
the Committee on Energy and Natural Resources pursuant to a standing order entered into
by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, “Joint
Referral of Department of Energy Nomination,” remarks in the Senate, Congressional
Record, vol. 136, June 28, 1990, pp. 16573-16574.
CRS-10
Senate Committee on Banking, Housing,
and Urban Affairs
Full-Time Positions
Department of Commerce23
Under Secretary — Export Administration24
Under Secretary — International Trade25
Assistant Secretary — Export Administration
Assistant Secretary — Export Enforcement
Assistant Secretary — Trade Promotion/ Director General — U.S. and Foreign
Commercial Service26
Department of Housing and Urban Development27
Secretary
Deputy Secretary
Assistant Secretary — Administration
Assistant Secretary — Community Planning and Development
Assistant Secretary — Congressional and Intergovernmental Relations
Assistant Secretary — Fair Housing and Equal Opportunity
Assistant Secretary — Housing/Federal Housing Commissioner
Assistant Secretary — Policy Development and Research
Assistant Secretary — Public Affairs
Assistant Secretary — Public and Indian Housing
Chief Financial Officer28
23
For other positions within the department, see also Committee on Commerce, Science, and
Transportation; Committee on Environment and Public Works; Committee on Finance;
Committee on Homeland Security and Governmental Affairs; and Committee on the
Judiciary.
24
In the Department of Commerce, this position is known as Under Secretary for Industry
and Security.
25
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on
Finance pursuant to a unanimous consent agreement of September 20, 2007. Sen. John
Kerry, “Joint Referral,” remarks in the Senate, Congressional Record, daily edition, vol.
153, September 20, 2007, p. S11914.
26
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on
Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May
26, 2005. Sen. Bill Frist, “Joint Referral,” remarks in the Senate, Congressional Record,
daily edition, vol. 151, May 26, 2005, p. S6061.
27
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
28
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
(continued...)
CRS-11
Senate Committee on Banking, Housing, and Urban Affairs
(cont.)
Department of Housing and Urban Development (cont.)
Director — Office of Federal Housing Enterprise Oversight (five-year term)
General Counsel
Inspector General29
President — Government National Mortgage Association (Ginnie Mae)
Department of Transportation30
Administrator — Federal Transit Administration
Department of the Treasury31
Under Secretary — Terrorism and Financial Intelligence32
Assistant Secretary — Financial Institutions
Assistant Secretary — Terrorist Financing
Comptroller of the Currency (five-year term of office)
Director of the Mint (five-year term of office)
Director — Office of Thrift Supervision (five-year term of office)
28
(...continued)
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
29
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
30
For other positions within the department, see also Committee on Commerce, Science, and
Transportation; Committee on Environment and Public Works; and Committee on
Homeland Security and Governmental Affairs (for inspector general position).
31
For other positions within the department, see also Committee on Finance and Committee
on Homeland Security and Governmental Affairs (for inspector general position).
32
On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement.
The nomination was referred to the Committee on Finance, which reported it on May 20.
Pursuant to a unanimous consent agreement of July 8, the nomination was referred to the
Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the
Committee on Finance (Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate,
Congressional Record, daily edition, vol. 150, July 8, 2004, p. S7864). The unanimous
consent agreement stated that the agreement was to be specific to the nominations then at
hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on
July 20, and the Committee on Finance was discharged from further consideration pursuant
to the July 8 agreement. The Senate confirmed the Levey nomination on July 21. The
position of Under Secretary for Terrorism and Financial Crimes (or Under Secretary for
Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was
established by P.L. 108-447, Div. H, Title II, § 222 (118 Stat. 3242) as a successor office
to the Under Secretary for Enforcement, and Levey continued to serve in the new position.
CRS-12
Senate Committee on Banking, Housing, and Urban Affairs
(cont.)
Community Development Financial Institution Fund33
Administrator
Council of Economic Advisers (Executive Office of the President)
Member — three positions
Export-Import Bank34 (political balance required)
Member — five positions (four-year terms of office — Chair, who first must be
confirmed as a member, also needs to be confirmed.)
Inspector General35
Federal Deposit Insurance Corporation36 (political balance required)
Member — three positions (six-year terms of office — Chair and vice chair,
who first must be confirmed as members, also need to be confirmed.)
Inspector General37
Federal Housing Finance Board (political balance required)
Member — four positions (seven-year terms of office)
Federal Reserve System, Board of Governors
Governor — seven positions (14-year terms of office — Chair and vice chair,
who first must be confirmed as governors, also need to be confirmed for
four-year terms in those offices.)
33
The Community Development Financial Institution (CDFI) Fund, headed by an
administrator appointed by the President with the advice and consent of the Senate, was
created by P.L. 103-325, codified at 12 U.S.C. § 4703. Subsequently, P.L. 104-19,
providing funding for the Department of the Treasury for FY1996, stated that “none of the
funds shall be available for expenses of an Administrator ... [t]hat the number of staff funded
under this heading shall not exceed 10 full-time equivalents ... [and] that notwithstanding
any other provision of law ... the Secretary of the Treasury shall have all powers and rights
of the Administrator of the CDFI Act and the Fund shall be within the Department of the
Treasury.” That provision was included in several subsequent appropriations acts. See 12
U.S.C. § 4703 note. At present, the CDFI is located in the Department of the Treasury and
is led by a director appointed by the Secretary of the Treasury.
34
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
35
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
36
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
37
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-13
Senate Committee on Banking, Housing, and Urban Affairs
(cont.)
National Credit Union Administration (political balance required)
Member — three positions (six-year terms of office)
Securities and Exchange Commission (political balance required)
Commissioner — five positions (five-year terms of office)
Part-Time Positions
National Consumer Cooperative Bank, Board of Directors
Member — three (of 15 total) positions (three-year terms of office)
National Institute of Building Sciences, Board of Directors
Member — 15 to 21 positions (three-year terms of office)
Securities Investor Protection Corporation, Board of Directors
Director — five (of seven total) positions (three-year terms of office)
CRS-14
Senate Committee on the Budget
Full-Time Positions
Office of Management and Budget (Executive Office of the President)38
Director39
Deputy Director40
38
For other positions within the Office of Management and Budget, see also Committee on
Homeland Security and Governmental Affairs.
39
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided,
in part, as follows: “The Committee on the Budget and the Committee on Homeland
Security and Governmental Affairs shall have joint jurisdiction over the nominations of
persons nominated by the President to fill the positions of Director and Deputy Director for
Budget within the Office of Management and Budget, and if one committee votes to order
reported such a nomination, the other must report within 30 calendar days session, or be
automatically discharged” (§101(e)). Nominations to the positions of Director and Deputy
Director of the Office of Management and Budget were jointly referred to the two
committees during the 109th and 110th Congresses.
40
Ibid.
CRS-15
Senate Committee on Commerce, Science,
and Transportation
Full-Time Positions
Department of Commerce41
Secretary
Deputy Secretary
Under Secretary — Economic Affairs
Under Secretary — Oceans and Atmosphere/Administrator — National Oceanic
and Atmospheric Administration
Under Secretary — Technology
Assistant Secretary — Administration/Chief Financial Officer42
Assistant Secretary — Communications and Information
Assistant Secretary — Legislative and Intergovernmental Affairs
Assistant Secretary — Manufacturing and Services
Assistant Secretary — Oceans and Atmosphere/Deputy Administrator —
National Oceanic and Atmospheric Administration
Assistant Secretary — Technology Policy
Assistant Secretary — Trade Promotion/Director General — U.S. and Foreign
Commercial Service43
Chief Scientist — National Oceanic and Atmospheric Administration
Director — National Institute of Standards and Technology
General Counsel
Inspector General44
Officer Corps — National Oceanic and Atmospheric Administration
41
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Environment and Public Works; Committee on Finance;
Committee on Homeland Security and Governmental Affairs; and Committee on the
Judiciary.
42
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
43
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on
Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May
26, 2005. Sen. Bill Frist, “Joint Referral,” remarks in the Senate, Congressional Record,
daily edition, vol. 151, May 26, 2005, p. S6061.
44
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-16
Senate Committee on Commerce, Science,
and Transportation (cont.)
Department of Homeland Security45
Under Secretary — Science and Technology
Assistant Secretary/Administrator — Transportation Security Administration46
Commandant — United States Coast Guard
Officers (commissions and promotions) — United States Coast Guard Officers
Department of Transportation47
Secretary
Deputy Secretary
Under Secretary — Policy
Assistant Secretary — Aviation and International Affairs
Assistant Secretary — Budget and Programs and Chief Financial Officer48
Assistant Secretary — Governmental Affairs
Assistant Secretary — Transportation Policy
Administrator — Federal Aviation Administration (five-year term of office)
Administrator — Federal Motor Carrier Safety Administration
Administrator — Federal Railroad Administration
Administrator — Maritime Administration
45
For other positions within the department, see also Committee on Finance, Committee on
Homeland Security and Governmental Affairs, and Committee on the Judiciary. The
Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by
the President with the advice and consent of the Senate (6 U.S.C. § 113). As of October 31,
2007, some of these potential positions had never been filled. Of the advice and consent
positions established by the Post-Katrina Emergency Management Reform Act of 2006
(Title VI of P.L. 109-295), three at the Federal Emergency Management Agency — the
administrator and two of a maximum of four deputy administrators — had not, as of October
31, 2007, been the subject of nomination and referral.
46
As of October 31, 2007, the most recent nomination to this position had been referred
sequentially to the Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs. On May 19, 2005, the Senate
agreed, by unanimous consent, “that the nomination of Edmund S. Hawley, of California,
to be Assistant Secretary of Homeland Security be referred to the Committee on Commerce,
Science and Transportation, and that, further, upon the reporting out or discharge of the
nomination, the nomination be referred to the Committee on Homeland Security and
Governmental Affairs for a period not to exceed 30 days, after which the nomination, if still
in committee, will be discharged and placed on the Executive Calendar.” Sen. George
Allen, “Referral and Discharge — Nomination of Edmund S. Hawley,” remarks in the
Senate, Congressional Record, daily edition, vol. 151, May 19, 2005, p. S5547.
47
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Environment and Public Works; and Committee on Homeland
Security and Governmental Affairs (for inspector general position).
48
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
CRS-17
Senate Committee on Commerce, Science,
and Transportation (cont.)
Department of Transportation (cont.)
Administrator — National Highway Traffic Safety Administration
Administrator — Pipeline and Hazardous Materials Safety Administration
Administrator — Research and Innovative Technology Administration
Administrator — St. Lawrence Seaway Development Corporation (seven-year
term of office)
Deputy Administrator — Federal Aviation Administration
General Counsel
Inspector General49
Consumer Product Safety Commission (political balance required)
Commissioner — five positions (seven-year terms of office — Only three of the
positions have been funded and filled since the mid-1980s; chair, who first
must be confirmed as a member, also needs to be confirmed.)
Federal Communications Commission (political balance required)
Commissioner — five positions (five-year terms of office)
Federal Maritime Commission (political balance required)
Commissioner — five positions (five-year terms of office)
Federal Trade Commission (political balance required)
Commissioner — five positions (seven-year terms of office)
National Aeronautics and Space Administration50
Administrator
Deputy Administrator
Chief Financial Officer
Inspector General51
National Transportation Safety Board (political balance required)
Member — five positions (five-year terms of office — Chair, who first must be
confirmed as a member, also needs to be confirmed.)
49
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
50
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
51
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-18
Senate Committee on Commerce, Science,
and Transportation (cont.)
Office of Science and Technology Policy (Executive Office of the President)
Director
Associate Director — Science
Associate Director — Technology
Associate Director
Associate Director
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
Federal Coordinator 52
Surface Transportation Board (political balance required)
Member — three positions (five-year terms of office)
Part-Time Positions
Corporation for Public Broadcasting Board of Directors (political balance
required)
Member — nine positions (six-year terms of office)
Metropolitan Washington Airport Authority Board of Directors
Member — three positions (six-year terms of office; political balance required)
Reform Board (AMTRAK)
Member — seven positions (five-year terms of office)
Saint Lawrence Seaway Development Corporation Advisory Board (political
balance required)
Member — five positions (indefinite terms of office)
52
A June 12, 2006, nomination to this position was initially referred to the Committee on
Commerce, Science, and Transportation. On June 29, 2006, the Senate agreed, by
unanimous consent, that “the nomination of Drue Pearce to be the Federal Coordinator for
Alaska Natural Gas Transportation Projects be discharged from the Committee on
Commerce, Science, and Transportation and be referred to the Committee on Energy and
Natural Resources.” Sen. Mitch McConnell, “Discharge and Referral,” remarks in the
Senate, Congressional Record, daily edition, vol. 152, June 29, 2006, p. S7176.
The term of the Federal Coordinator is “to last until 1 year following the completion
of the project referred to in section 103” of the Alaska Natural Gas Pipeline Act (15 U.S.C.
Sec. 720d(b)(1)). Section 103 discusses “an Alaska natural gas transportation project other
than the Alaska natural gas transportation system” (15 U.S.C. 720a(a)).
CRS-19
Senate Committee on Energy and
Natural Resources
Full-Time Positions
Department of Energy53
Secretary
Deputy Secretary
Under Secretary
Under Secretary — Science
Administrator — Energy Information Administration
Assistant Secretary — Congressional and Intergovernmental Affairs
Assistant Secretary — Electricity Delivery and Energy Reliability
Assistant Secretary — Energy Efficiency and Renewable Energy
Assistant Secretary — Environmental Management54
Assistant Secretary — Fossil Energy
Assistant Secretary — International Affairs and Domestic Policy
Assistant Secretary — Nuclear Energy
Chief Financial Officer55
Director — Office of Civilian Radioactive Waste Management
Director — Office of Economic Impact and Diversity
Director — Office of Science
General Counsel
Inspector General56
53
For other positions within the department, see also Committee on Armed Services and
Committee on Homeland Security and Governmental Affairs (for inspector general
position).
54
Nominations to this position are referred jointly to the Committee on Armed Services and
the Committee on Energy and Natural Resources pursuant to a standing order entered into
by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, “Joint
Referral of Department of Energy Nomination,” remarks in the Senate, Congressional
Record, vol. 136, June 28, 1990, pp. 16573-16574.
55
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
56
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-20
Senate Committee on Energy and
Natural Resources (cont.)
Department of the Interior57
Secretary
Deputy Secretary
Assistant Secretary — Fish, Wildlife and Parks58
Assistant Secretary — Land and Minerals Management
Assistant Secretary — Policy, Management, and Budget and Chief Financial
Officer59
Assistant Secretary — Water and Science
Commissioner — Bureau of Reclamation
Director — Bureau of Land Management
Director — National Park Service
Director — Office of Surface Mining Reclamation and Enforcement
Director — U.S. Geological Survey
Inspector General60
Solicitor
Federal Energy Regulatory Commission (political balance required)
Commissioner — five positions (five-year terms of office)
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
Federal Coordinator61
57
For other positions within the department, see also Committee on Environment and Public
Works, Committee on Homeland Security and Governmental Affairs (for inspector general
position), and Committee on Indian Affairs.
58
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works pursuant to a unanimous consent agreement of April 26,
2007. Sen. Harry Reid, “Joint Referral of Nomination,” remarks in the Senate,
Congressional Record, daily edition, vol. 153, April 26, 2007, p. S5255.
59
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
60
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
61
A June 12, 2006, nomination to this position was initially referred to the Committee on
Commerce, Science, and Transportation. On June 29, 2006, the Senate agreed, by
unanimous consent, that “the nomination of Drue Pearce to be the Federal Coordinator for
Alaska Natural Gas Transportation Projects be discharged from the Committee on
Commerce, Science, and Transportation and be referred to the Committee on Energy and
Natural Resources.” Sen. Mitch McConnell, “Discharge and Referral,” remarks in the
(continued...)
CRS-21
Senate Committee on Environment
and Public Works
Full-Time Positions
Department of Commerce62
Assistant Secretary — Economic Development
Department of Defense63
Assistant Secretary — Army — Civil Works64
Department of the Interior65
Assistant Secretary — Fish, Wildlife and Parks66
Director — U.S. Fish and Wildlife Service
61
(...continued)
Senate, Congressional Record, daily edition, vol. 152, June 29, 2006, p. S7176.
The term of the Federal Coordinator is “to last until 1 year following the completion
of the project referred to in section 103” of the Alaska Natural Gas Pipeline Act (15 U.S.C.
Sec. 720d(b)(1)). Section 103 discusses “an Alaska natural gas transportation project other
than the Alaska natural gas transportation system” (15 U.S.C. 720a(a)).
62
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on
Finance; Committee on Homeland Security and Governmental Affairs; and Committee on
the Judiciary.
63
For other positions within the department, see also Committee on Armed Services and
Committee on Homeland Security and Governmental Affairs (for inspector general
position).
64
As of October 31, 2007, the most recent nomination to this position had been referred
sequentially to the Committee on Armed Services and the Committee on Environment and
Public Works. On March 10, 2005, the Senate agreed, by unanimous consent, that “when
the nomination for the Assistant Secretary for Civil Works is received by the Senate, it be
referred to the Committee on Armed Services; provided that when the Committee on Armed
Services reports the nomination it be referred to the Committee on Environment and Public
Works for a period of 20 days of session; provided further that if the Committee on
Environment and Public Works does not report the nomination within those 20 days, the
committee be discharged from further consideration of the nomination and the nomination
be placed on the Calendar.” Sen. Mitch McConnell, “Unanimous Consent Agreement —
Executive Calendar,” remarks in the Senate, Congressional Record, daily edition, vol. 151,
March 10, 2005, p. S2499.
65
For other positions within the department, see also Committee on Energy and Natural
Resources, Committee on Homeland Security and Governmental Affairs (for inspector
general position), and Committee on Indian Affairs.
66
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works pursuant to a unanimous consent agreement of April 26,
2007. Sen. Harry Reid, “Joint Referral of Nomination,” remarks in the Senate,
Congressional Record, daily edition, vol. 153, April 26, 2007, p. S5255.
CRS-22
Senate Committee on Environment
and Public Works (cont.)
Department of Transportation67
Administrator — Federal Highway Administration
Appalachian Regional Commission
Federal Cochair
Alternate Federal Cochair
Chemical Safety and Hazard Investigation Board
Member — five positions (five-year terms of office — Chair, who first must be
confirmed as a member, also needs to be confirmed.)
Council on Environmental Quality (Executive Office of the President)
Chair
Delta Regional Authority
Federal Cochair
Environmental Protection Agency68
Administrator
Deputy Administrator
Assistant Administrator — Administration and Resources Management
Assistant Administrator — Air and Radiation
Assistant Administrator — Enforcement and Compliance Assurance
Assistant Administrator — Environmental Information
Assistant Administrator — International Affairs
Assistant Administrator — Prevention, Pesticides, and Toxic Substances
Assistant Administrator — Research and Development
Assistant Administrator — Solid Waste and Emergency Response
Assistant Administrator — Water
Assistant Administrator
Chief Financial Officer69
General Counsel
Inspector General70
67
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Homeland Security and Governmental Affairs (for inspector
general position); and Committee on Commerce, Science, and Transportation.
68
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
69
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
70
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
(continued...)
CRS-23
Senate Committee on Environment
and Public Works (cont.)
Nuclear Regulatory Commission71 (political balance required)
Commissioner — five positions (five-year terms of office)
Inspector General72
Tennessee Valley Authority, Board of Directors73
Member — nine positions (five-year terms of office)
Inspector General74
Part-Time Positions
Morris K. Udall Scholarship and Excellence in National Environmental Policy
Foundation, Board of Trustees (political balance required)
Member — nine positions (six-year terms of office)
Mississippi River Commission
Commissioner — four positions (indefinite terms of office)
Commissioner — three positions (nine-year terms of office)
70
(...continued)
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
71
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
72
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
73
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
74
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-24
Senate Committee on Finance
Full-Time Positions
Department of Commerce75
Under Secretary — International Trade76
Assistant Secretary — Import Administration
Assistant Secretary — Market Access and Compliance
Department of Health and Human Services77
Secretary
Deputy Secretary
Administrator — Centers for Medicare and Medicaid Services
Assistant Secretary — Resources and Technology/Chief Financial Officer78
Assistant Secretary — Children and Families
Assistant Secretary — Legislation
Assistant Secretary — Planning and Evaluation
Assistant Secretary — Public Affairs
Commissioner — Children, Youth, and Families
General Counsel
Inspector General79
75
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on
Environment and Public Works; Committee on Homeland Security and Governmental
Affairs; and Committee on the Judiciary.
76
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on
Finance pursuant to a unanimous consent agreement of September 29, 2005. Sen. Bill Frist,
“Joint Referral of Nomination,” remarks in the Senate, Congressional Record, daily edition,
vol. 151, September 29, 2005, p. S10771.
77
For other positions within the department, see also Committee on Homeland Security and
Governmental Affairs (for inspector general position); Committee on Health, Education,
Labor, and Pensions; and Committee on Indian Affairs.
78
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
79
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-25
Senate Committee on Finance (cont.)
Department of Homeland Security80
Commissioner — U.S. Customs and Border Protection
Department of the Treasury81
Secretary
Deputy Secretary
Under Secretary — Domestic Finance
Under Secretary — International Affairs
Under Secretary — Terrorism and Financial Intelligence82
Assistant Secretary — Economic Policy
Assistant Secretary — Financial Markets
Assistant Secretary (Deputy Under Secretary) — International Affairs83
80
For other positions within the department, see also Committee on Commerce, Science, and
Transportation; Committee on Homeland Security and Governmental Affairs; and
Committee on the Judiciary. The Homeland Security Act authorizes not more than 12
assistant secretaries to be appointed by the President with the advice and consent of the
Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had
never been filled. Of the advice and consent positions established by the Post-Katrina
Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal
Emergency Management Agency — the administrator and two of a maximum of four deputy
administrators — had not, as of October 31, 2007, been the subject of nomination and
referral.
81
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs and Committee on Homeland Security and Governmental Affairs (for
inspector general position).
82
On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement.
The nomination was referred to the Committee on Finance, which reported it on May 20.
Pursuant to a unanimous consent agreement of July 8, the nomination was referred to the
Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the
Committee on Finance (Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate,
Congressional Record, daily edition, vol. 150, July 8, 2004, p. S7864). The unanimous
consent agreement stated that the agreement was to be specific to the nominations then at
hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on
July 20, and the Committee on Finance was discharged from further consideration pursuant
to the July 8 agreement. The Senate confirmed the Levey nomination on July 21. The
position of Under Secretary for Terrorism and Financial Crimes (or Under Secretary for
Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was
established by P.L. 108-447, Div. H, Title II, § 222 (118 Stat. 3242) as a successor office
to the Under Secretary for Enforcement, and Levey continued to serve in the new position.
83
Under the provisions of 31 U.S.C. § 301(d), the Department of the Treasury has two
deputy under secretaries who are to be appointed by the President, by and with the advice
and consent of the Senate. Section 301(d) also provides the “[w]hen appointing each
Deputy Under Secretary, the President may designate the Deputy Under Secretary as an
Assistant Secretary.” As of October 31, 2007, the most recent appointees to Deputy Under
Secretary for International Affairs and Deputy Under Secretary for Legislative Affairs were
identified as assistant secretaries on the Department of Treasury website at
[http://www.ustreas.gov/].
CRS-26
Senate Committee on Finance (cont.)
Department of the Treasury (cont.)
Assistant Secretary (Deputy Under Secretary) — Legislative Affairs84
Assistant Secretary — Management and Chief Financial Officer85
Assistant Secretary — Public Affairs/Director — Policy Planning
Assistant Secretary — Tax Policy
Chief Counsel — Internal Revenue Service/Assistant General Counsel for Tax
Commissioner — Internal Revenue (five-year terms of office)
General Counsel
Inspector General86
Inspector General — Tax Administration87
Treasurer — United States
Office of United States Trade Representative (Executive Office of the President)
U.S. Trade Representative
Deputy U.S. Trade Representative
Deputy U.S. Trade Representative
Deputy U.S. Trade Representative
Chief Agricultural Negotiator
Pension Benefit Guaranty Corporation
Director88
84
Ibid.
85
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions (31
U.S.C. § 901(a)(1)).
86
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
87
88
Ibid.
The Director of the Pension Benefit Guaranty Corporation was established as a position
to which appointments are made by the President, with the advice and consent of the Senate,
by the Pension Protection Act of 2006 (P.L. 109-280, § 411; 120 Stat. 935). The act
provides that “[t]he Committee on Finance of the Senate and the Committee on Health,
Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the
nomination of a person nominated by the President to fill [this position], and if one
committee votes to order reported such a nomination, the other shall report within 30
calendar days, or be automatically discharged” (P.L. 109-280, § 411(c)(1); 120 Stat. 935).
The act also provides that the executive director at the time of enactment, “or any other
individual, may serve as interim Director ... until an individual is appointed as Director”
under the advice and consent process (P.L. 109-280, § 411(d); 120 Stat. 936). The first
nomination to this position was received by the Senate on May 3, 2007, and was referred
as specified in the law.
CRS-27
Senate Committee on Finance (cont.)
Social Security Administration89
Commissioner (six-year term of office)
Deputy Commissioner (six-year term of office)
Inspector General90
United States International Trade Commission (political balance required)
Commissioner — six positions (nine-year terms of office)
United States Tax Court
Judge — 19 positions (15-year terms of office)
Part-Time Positions
Federal Hospital Insurance Trust Fund, Board of Trustees (political balance
required)
Member — two (of six total) positions (four-year terms of office)
Federal Old-Age and Survivors Trust Fund and the Disability Insurance Trust
Fund, Board of Trustees (political balance required)
Member — two (of six total) positions (four-year terms of office)
Federal Supplementary Medical Insurance Trust Fund, Board of Trustees
(political balance required)
Member — two (of six total) positions (four-year terms of office)
Internal Revenue Service Oversight Board
Member — six (of nine total) positions (five-year terms of office)
Social Security Advisory Board (political balance required)
Member — three (of seven total) positions (six-year terms of office)
89
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
90
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-28
Senate Committee on Foreign Relations
Full-Time Positions
Department of State91
Secretary
Deputy Secretary
Deputy Secretary — Management and Resources
Under Secretary — Arms Control and International Security
Under Secretary — Economic, Energy, and Agricultural Affairs
Under Secretary — Democracy and Global Affairs
Under Secretary — Management
Under Secretary — Political Affairs
Under Secretary — Public Diplomacy and Public Affairs
Assistant Secretary — Administration
Assistant Secretary — African Affairs
Assistant Secretary — Consular Affairs
Assistant Secretary — Democracy, Human Rights, and Labor
Assistant Secretary — Diplomatic Security
Assistant Secretary — East Asian and Pacific Affairs
Assistant Secretary — Economic, Energy and Business Affairs
Assistant Secretary — Educational and Cultural Affairs
Assistant Secretary — European and Eurasian Affairs
Assistant Secretary — Intelligence and Research92
Assistant Secretary — International Narcotics and Law Enforcement Affairs
Assistant Secretary — International Organization Affairs
Assistant Secretary — International Security and Nonproliferation
Assistant Secretary — Legislative Affairs
Assistant Secretary — Near Eastern Affairs
Assistant Secretary — Oceans, Environment, and Science
Assistant Secretary — Political and Military Affairs
Assistant Secretary — Population, Refugee, and Migration Affairs
Assistant Secretary — Public Affairs
Assistant Secretary — Resource Management
Assistant Secretary — South and Central Asian Affairs
Assistant Secretary — Verification, Compliance, and Implementation
Assistant Secretary — Western Hemisphere Affairs
Ambassador-at-Large — Coordinator - Counterterrorism
Ambassador-at-Large — Director — Office to Monitor and Combat Trafficking
in Persons
91
For other positions within the department, see also Committee on Homeland Security and
Governmental Affairs (for inspector general position), and Select Committee on
Intelligence.
92
A June 12, 2006, nomination to this position was initially referred to the Committee on
Foreign Relations. Two days later, the Senate agreed, by unanimous consent, that “the
nomination of Randall M. Fort to be Assistant Secretary of State be discharged from the
Committee on Foreign Relations and that it be referred to the Committee on Intelligence.”
Sen. Mitch McConnell, “Referral of Discharged Nomination,” remarks in the Senate,
Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898.
CRS-29
Senate Committee on Foreign Relations (cont.)
Department of State (cont.)
Ambassador-at-Large — International Religious Freedom
Ambassador-at-Large — War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization
Chief Financial Officer93
Coordinator — U.S. Global AIDS
Counselor
Director General — Foreign Service
Director — Office of Foreign Missions
Inspector General94
Legal Adviser
Chief of Protocol95
Ambassadors
Foreign Service Officers (commissions and promotions)
U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission — United Nations
U.S. Deputy Permanent Representative — United Nations
U.S. Representative — United Nations Economic and Social Council
U.S. Alternate Representative — Special Political Affairs in the United Nations
U.S. Representative — United Nations Management and Reform
U.S. Representative — European Office of the United Nations (Geneva)
U.S. Representative — Vienna Office of the United Nations (also serves as a
representative to the International Atomic Energy Agency)
U.S. Representative — International Atomic Energy Agency
U.S. Deputy Representative — International Atomic Energy Agency
U.S. Representative to sessions of the General Assembly and other United
Nations Bodies — numerous positions (terms of office depends on length
of session)
93
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
94
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
95
According to the State Department, “Since 1961, the Chief of Protocol has been
commissioned an Ambassador, requiring the President’s nominee to be confirmed by the
Senate.” Quote from the State Department website, available at [http://www.state.gov/s/
cpr/c15634.htm].
CRS-30
Senate Committee on Foreign Relations (cont.)
U.S. Agency for International Development96
Administrator
Deputy Administrator
Assistant Administrator — Sub-Saharan Africa
Assistant Administrator — Asia and Near East
Assistant Administrator — Europe and Eurasia
Assistant Administrator — Global Health
Assistant Administrator — Democracy, Conflict, and Humanitarian Assistance
Assistant Administrator — Latin America and Caribbean
Assistant Administrator — Legislative and Public Affairs
Assistant Administrator — Management
Assistant Administrator — Policy and Program Coordination
Assistant Administrator — Economic Growth, Agriculture, and Trade
Inspector General97
European Bank for Reconstruction and Development
U.S. Executive Director
International Broadcasting Bureau, Broadcasting Board of Governors
Director
International Joint Commission, United States and Canada
Commissioner — three positions
International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)
Inter-American Development Bank
U.S. Executive Director (three-year term of office — The incumbent of this
position also serves as U.S. Executive Director for the Inter-American
Investment Corporation.)
U.S. Alternate Executive Director (three-year term of office — The incumbent
of this position also serves as U.S. Alternate Executive Director for the
Inter-American Investment Corporation.)
U.S. Trade and Development Agency
Director
96
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
97
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-31
Senate Committee on Foreign Relations (cont.)
Organizations with Full- and Part-Time Positions98
African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)
Asian Development Bank
U.S. Executive Director (full-time)
Governor and Alternate Governor (part-time)
International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time — The incumbent
also serves as U.S. Executive Director for the International Finance
Corporation and the International Development Association.)
U.S. Alternate Executive Director (two-year term of office; full-time — The
incumbent also serves as U.S. Alternate Executive Director for the
International Finance Corporation and the International Development
Association.)
Governor (same individual as the International Monetary Fund Governor; fiveyear term of office; part-time — The incumbent also serves as Governor
for the International Finance Corporation and the International
Development Association.)
Alternate Governor (five-year term of office; part-time — The incumbent also
serves as Alternate Governor for the International Finance Corporation and
the International Development Association.)
Millennium Challenge Corporation
Chief Executive Officer (full-time)
Member, Board of Directors — four (of nine total) positions (part-time; threeyear terms of office)
Overseas Private Investment Corporation
President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
Member, Board of Directors — eight (of 15 total) positions (part-time; threeyear terms of office)
Peace Corps
Director (full-time)
Deputy Director (full-time)
Member, Peace Corps National Advisory Council — 15 positions (part-time;
political balance required; two-year terms of office)
98
Because several organizations under this committee have both full- and part-time advice
and consent positions, they were listed under this heading for succinctness.
CRS-32
Senate Committee on Foreign Relations (cont.)
Part-Time Positions
Advisory Board for Cuba Broadcasting (political balance required)
Member — nine positions (three-year terms of office)
African Development Foundation, Board of Directors (political balance required)
Member — seven positions (six-year terms of office)
African Development Fund
Governor and Alternate Governor
Broadcasting Board of Governors (political balance required)
Member — eight (of nine total) positions (three-year terms of office)
Inter-American Foundation, Board of Directors (political balance required)
Member — nine positions (six-year terms of office)
U.S. Advisory Commission on Public Diplomacy99 (political balance required)
Commissioner — seven positions (three-year terms of office)
99
Nominations to these positions are processed by the State Department. (Communication
with State Department official, July 2, 2007.)
CRS-33
Senate Committee on Health, Education,
Labor, and Pensions
Full-Time Positions
Department of Education100
Secretary
Deputy Secretary
Director — Institute of Education Sciences (six-year term of office)
Under Secretary
Assistant Secretary — Civil Rights
Assistant Secretary — Communications and Outreach
Assistant Secretary — Elementary and Secondary Education
Assistant Secretary — Legislation and Congressional Affairs
Assistant Secretary — Management
Assistant Secretary — Planning, Evaluation and Policy Development
Assistant Secretary — Postsecondary Education
Assistant Secretary — Special Education and Rehabilitative Services
Assistant Secretary — Vocational and Adult Education
Chief Financial Officer101
Commissioner — Education Statistics (six-year term of office)
Commissioner — Rehabilitation Services Administration
General Counsel
Inspector General102
Department of Health and Human Services103
Administrator — Substance Abuse and Mental Health Services Administration
Assistant Secretary — Aging
Assistant Secretary — Health
Assistant Secretary — Preparedness and Response
Commissioner — Food and Drug Administration
Director — National Institutes of Health
Surgeon General (four-year term of office)
Public Health Service — Officer Corps
100
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
101
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
102
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
103
For other positions within the department, see also Committee on Finance, Committee
on Homeland Security and Governmental Affairs (for inspector general position), and
Committee on Indian Affairs.
CRS-34
Senate Committee on Health, Education,
Labor, and Pensions (cont.)
Department of Labor104
Secretary
Deputy Secretary
Assistant Secretary — Administration and Management
Assistant Secretary — Congressional and Intergovernmental Affairs
Assistant Secretary — Disability Employment Policy
Assistant Secretary — Employee Benefits Security Administration
Assistant Secretary — Employment and Training Administration
Assistant Secretary — Employment Standards Administration
Assistant Secretary — Mine Safety and Health Administration
Assistant Secretary — Occupational Safety and Health Administration
Assistant Secretary — Policy
Assistant Secretary — Public Affairs
Assistant Secretary — Veterans’ Employment and Training Service105
Administrator — Wage and Hour Division
Chief Financial Officer106
Commissioner — Bureau of Labor Statistics
Director — Women’s Bureau
Inspector General107
Solicitor
Corporation for National and Community Service108
Chief Executive Officer
Managing Director
Managing Director
104
For other positions within the department, see also Committee on Homeland Security and
Governmental Affairs (for inspector general position) and Committee on Veterans’ Affairs.
105
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Health, Education, Labor, and Pensions and the Committee on
Veterans’ Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill
Frist, “Joint Referral,” remarks in the Senate, Congressional Record, daily edition, vol. 151,
May 24, 2005, p. S5857.
106
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
107
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
108
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
CRS-35
Senate Committee on Health, Education,
Labor, and Pensions (cont.)
Corporation for National and Community Service (cont.)
Chief Financial Officer
Inspector General109
Equal Employment Opportunity Commission (political balance required)
Commissioner — five positions (five-year terms of office)
General Counsel (four-year term of office)
Federal Mediation and Conciliation Service
Director
Federal Mine Safety and Health Review Commission
Commissioner — five positions (six-year terms of office)
National Foundation on the Arts and the Humanities
National Endowment for the Arts — Chair (four-year term of office)
National Endowment for the Humanities — Chair (four-year term of office)
Institute of Museum and Library Services — Director (four-year term of office)
National Labor Relations Board (Political balance is not required, but, by tradition,
no more than three members are from the same party.)
Member — five positions (five-year terms of office)
General Counsel (four-year term of office)
National Mediation Board (political balance required)
Member — three positions (three-year terms of office)
National Science Foundation
Director (six-year term of office)
Deputy Director
Occupational Safety and Health Review Commission
Member — three positions (six-year terms of office)
Office of National Drug Control Policy (Executive Office of the President)110
Deputy Director — Demand Reduction
109
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
110
For other positions within the agency, see Committee on the Judiciary.
CRS-36
Senate Committee on Health, Education,
Labor, and Pensions (cont.)
Pension Benefit Guaranty Corporation
Director111
Railroad Retirement Board112
Member — three positions (five-year terms of office — Chair, who first must
be appointed as a member, also needs to be confirmed.)
Inspector General113
Part-Time Positions
Barry Goldwater Scholarship and Excellence in Education Foundation, Board
of Trustees (political balance required)
Member — eight (of 13 total) positions (six-year terms of office)
Corporation for National and Community Service, Board of Directors (political
balance required)
Member — 15 positions (five-year terms of office)
Harry S. Truman Scholarship Foundation, Board of Trustees (political balance
required)
Member — eight (of 13 total) positions (six-year terms of office)
James Madison Memorial Fellowship Foundation, Board of Trustees (political
balance required)
Member — six (of 13 total) positions (six-year terms of office)
111
The Director of the Pension Benefit Guaranty Corporation was established as a position
to which appointments are made by the President, with the advice and consent of the Senate,
by the Pension Protection Act of 2006 (P.L. 109-280, § 411; 120 Stat. 935). The act
provides that “[t]he Committee on Finance of the Senate and the Committee on Health,
Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the
nomination of a person nominated by the President to fill [this position], and if one
committee votes to order reported such a nomination, the other shall report within 30
calendar days, or be automatically discharged” (P.L. 109-280, § 411(c)(1); 120 Stat. 935).
The act also provides that the executive director at the time of enactment, “or any other
individual, may serve as interim Director ... until an individual is appointed as Director”
under the advice and consent process (P.L. 109-280, § 411(d); 120 Stat. 936). The first
nomination to this position was received by the Senate on May 3, 2007, and was referred
as specified by law.
112
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
113
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-37
Senate Committee on Health, Education, Labor and
Pensions (cont.)
Legal Services Corporation Board of Directors (political balance required)
Member — 11 positions (three-year terms of office)
National Board of Education Sciences
Member — 15 positions
National Commission on Libraries and Information Science
Member — 14 (of 15 total) positions (five-year terms of office)
National Council on Disability
Member — 15 positions (three-year terms of office)
National Foundation on the Arts and the Humanities
National Council on the Arts
Member — 14 positions (of 21 total) positions (six-year terms of office)
National Council on the Humanities
Member — 26 positions (of 27 total) positions (six-year terms of office)
National Museum Services Board
Member — 14 positions (of 15 total) positions (five-year terms of office)
National Institute for Literacy Advisory Board
Member — 10 positions (three-year terms of office)
National Science Board (National Science Foundation)
Member — 24 positions (six-year terms of office)
United States Institute of Peace, Board of Directors (political balance required)
Member — 12 (of 15 total) positions (four-year terms of office)
CRS-38
Senate Committee on Homeland Security and
Governmental Affairs
Full-Time Positions
Department of Commerce114
Director — Bureau of the Census
Department of Homeland Security115
Secretary
Deputy Secretary
Under Secretary — Management
Under Secretary — National Protection and Programs116
Deputy Administrator/Chief Operating Officer — Federal Emergency
Management Agency
Deputy Administrator — National Preparedness, Federal Emergency
Management Agency
Assistant Secretary — Health Affairs/Chief Medical Officer
Assistant Secretary — Policy
Assistant Secretary — U.S. Immigration and Customs Enforcement117
114
For other positions within the department, see also Committee on Banking, Housing, and
Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on
Environment and Public Works; Committee on Finance; and Committee on the Judiciary.
115
For other positions within the department, see also Committee on Commerce, Science,
and Transportation; Committee on Homeland Security and Governmental Affairs; and
Committee on the Judiciary. The Homeland Security Act authorizes not more than 12
assistant secretaries to be appointed by the President with the advice and consent of the
Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had
never been filled. Of the advice and consent positions established by the Post-Katrina
Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal
Emergency Management Agency — the administrator and two of a maximum of four deputy
administrators — had not, as of October 31, 2007, been the subject of nomination and
referral.
116
It could be argued that the Post-Katrina Emergency Management Reform Act of 2006
(Title VI of P.L. 109-295) abolished this position. For more information on this argument,
see CRS Report RL33729, Federal Emergency Management Policy Changes After
Hurricane Katrina: A Summary of Statutory Provisions, coordinated by Keith Bea.
Nonwithstanding this argument, the President submitted a nomination to this position on
September 4, 2007, and the nomination was referred to this committee.
117
As of October 31, 2007, the most recent nominee to this position had been nominated to
the post three times. Two of these nominations were sequentially referred to the Committee
on Homeland Security and Governmental Affairs and the Committee on the Judiciary
pursuant to unanimous consent agreements of October 7, 2005, and September 27, 2007.
(Sen. Ted Stevens, “Sequential Referral of Nomination,” remarks in the Senate,
Congressional Record, vol. 151, October 7, 2005, p. 11331; Sen. Sherrod Brown,
“Sequential Referral — Nomination of Julie Myers,” remarks in the Senate, Congressional
Record, vol. 153, September 27, 2007, p. S12316 ). The second nomination was referred
(continued...)
CRS-39
Senate Committee on Homeland Security and
Governmental Affairs (cont.)
Department of Homeland Security (cont.)
Assistant Secretary/Administrator — Transportation Security Administration118
Administrator — U.S. Fire Administration
Assistant Administrator — Grant Programs, Federal Emergency Management
Agency119
Director — Office of Counternarcotics Enforcement
Chief Financial Officer120
General Counsel
Inspector General
Court Services and Offender Supervision Agency to the District of Columbia
Director (six-year term of office)
District of Columbia Court of Appeals (15-year terms of office)
Chief Judge
Judges — eight positions
District of Columbia Superior Court (15-year terms of office)
Chief Judge
Judges — 61 positions
117
(...continued)
only to the Committee Homeland Security and Governmental Affairs.
118
As of October 31, 2007, the most recent nomination to this position had been referred
sequentially to the Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs. On May 19, 2005, the Senate
agreed, by unanimous consent, “that the nomination of Edmund S. Hawley, of California,
to be Assistant Secretary of Homeland Security be referred to the Committee on Commerce,
Science and Transportation, and that, further, upon the reporting out or discharge of the
nomination, the nomination be referred to the Committee on Homeland Security and
Governmental Affairs for a period not to exceed 30 days, after which the nomination, if still
in committee, will be discharged and placed on the Executive Calendar.” Sen. George
Allen, “Referral and Discharge — Nomination of Edmund S. Hawley,” remarks in the
Senate, Congressional Record, daily edition, vol. 151, May 19, 2005, p. S5547.
119
This position was previously titled Assistant Secretary of Homeland Security for Grants
and Training/Executive Director, Office for State and Local Government Coordination and
Preparedness.
120
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
CRS-40
Senate Committee on Homeland Security and
Governmental Affairs (cont.)
Federal Labor Relations Authority (political balance required)
Members — three positions (five-year terms of office)
General Counsel (five-year term of office)
General Accounting Office
Comptroller General (15-year term of office)
Deputy Comptroller General121
General Services Administration
Administrator
Inspector General
Merit Systems Protection Board (political balance required)
Member — three positions (seven-year terms of office — Chair, who first must
be confirmed as a member, also needs to be confirmed.)
National Archives and Records Administration
Archivist
Office of Government Ethics
Director (five-year term of office)
Office of Management and Budget (Executive Office of the President)
Director122
Deputy Director123
Deputy Director — Management
Administrator — Office of Federal Procurement Policy
Administrator — Office of Information and Regulatory Affairs
Controller — Office of Federal Financial Management
121
The term of the Deputy Comptroller General expires upon the appointment of a new
Comptroller General, or when a successor is appointed (31 U.S.C. § 703(b)). No one has
been nominated to this office for at least 25 years.
122
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided,
in part, as follows: “The Committee on the Budget and the Committee on Homeland
Security and Governmental Affairs shall have joint jurisdiction over the nominations of
persons nominated by the President to fill the positions of Director and Deputy Director for
Budget within the Office of Management and Budget, and if one committee votes to order
reported such a nomination, the other must report within 30 calendar days session, or be
automatically discharged” (§101(e)). Nominations to the positions of Director and Deputy
Director of the Office of Management and Budget were jointly referred to the two
committees during the 109th and 110th Congresses.
123
Ibid.
CRS-41
Senate Committee on Homeland Security and
Governmental Affairs (cont.)
Office of Personnel Management
Director (four-year term of office)
Deputy Director
Inspector General
Office of Special Counsel
Special Counsel (five-year term of office)
Postal Rate Commission (political balance required)
Commissioner — five positions (six-year terms of office)
Most Other Inspectors General124
Part-Time Positions
Federal Retirement Thrift Investment Board
Member — five positions (four-year terms of office)
Special Panel on Appeals
Chair (six-year term of office)
United States Postal Service Board of Governors (political balance required)
Governor — nine positions (nine-year terms of office)
124
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-42
Senate Committee on Indian Affairs
Full-Time Positions
Department of Health and Human Services125
Director — Indian Health Service (four-year term of office)
Commissioner — Administration for Native Americans
Department of the Interior126
Assistant Secretary — Indian Affairs
Chair — National Indian Gaming Commission (three-year term of office)
Special Trustee — American Indians
Office of Navajo and Hopi Indian Relocation
Commissioner (two-year term of office)127
Part-Time Positions
Institute of American Indian and Alaska Native Culture and Arts Development,
Board of Trustees
Member — 13 (voting) positions (six-year terms of office)
125
For other positions within the department, see also Committee on Finance, Committee
on Homeland Security and Governmental Affairs (for inspector general position), and
Committee on Health, Education, Labor, and Pensions.
126
For other positions within the department, see also Committee on Energy and Natural
Resources, Committee on Environment and Public Works, and Committee on Homeland
Security and Governmental Affairs (for inspector general position).
127
There has not been a confirmed Commissioner for the Office of Navajo and Hopi Indian
Relocation since the resignation of Carl J. Kunasek on April 12, 1994. The last nomination
to this position was not confirmed and was returned to the President on November 14, 1994.
CRS-43
Senate Select Committee on Intelligence
Full-Time Positions
Department of Justice
Assistant Attorney General — National Security Division128
Department of State
Assistant Secretary — Intelligence and Research129
Department of the Treasury
Assistant Secretary — Intelligence and Analysis
Central Intelligence Agency
Director
General Counsel
Inspector General
Director of National Intelligence
Director
Principal Deputy Director
Director, National Counterterrorism Center
General Counsel
Chief Information Officer
128
Nominations to this position are referred sequentially to the Committee on the Judiciary
and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S. Res. 400 of the
94th Congress (as amended by § 506(d) of P. L. No. 109-177 (March 9, 2006)). The
applicable portion of the provision reads, “With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor position, the nomination of any
individual by the President to serve in such position shall be referred to the Committee on
the Judiciary and, if and when reported, to the select Committee for not to exceed 20
calendar days, except that in cases when the 20-day period expires while the Senate is in
recess, the select Committee shall have 5 additional calendar days after the Senate
reconvenes to report the nomination.”
129
A June 12, 2006, nomination to this position was initially referred to the Committee on
Foreign Relations. Two days later, the Senate agreed, by unanimous consent, that “the
nomination of Randall M. Fort to be Assistant Secretary of State be discharged from the
Committee on Foreign Relations and that it be referred to the Committee on Intelligence.”
Sen. Mitch McConnell, “Referral of Discharged Nomination,” remarks in the Senate,
Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898.
CRS-44
Senate Committee on the Judiciary
Full-Time Positions
Department of Commerce130
Under Secretary — Intellectual Property/Director - U.S. Patent and Trademark
Office
Department of Homeland Security131
Assistant Secretary — U.S. Immigration and Customs Enforcement132
Director — U.S. Citizenship and Immigration Services
Department of Justice133
Attorney General
Deputy Attorney General
Associate Attorney General
Assistant Attorney General — Antitrust Division
Assistant Attorney General — Civil Division
Assistant Attorney General — Civil Rights Division
Assistant Attorney General — Criminal Division
130
See also Committee on Banking, Housing, and Urban Affairs; Committee on
Environment and Public Works; Committee on Finance; and Committee on Homeland
Security and Governmental Affairs.
131
For other positions within the department, see also Committee on Commerce, Science,
and Transportation; Committee on Finance; and Committee on Homeland Security and
Governmental Affairs. The Homeland Security Act authorizes not more than 12 assistant
secretaries to be appointed by the President with the advice and consent of the Senate (6
U.S.C. § 113). As of October 31, 2007, some of these potential positions had never been
filled. Of the advice and consent positions established by the Post-Katrina Emergency
Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal Emergency
Management Agency — the administrator and two of a maximum of four deputy
administrators — had not, as of October 31, 2007, been the subject of nomination and
referral.
132
As of October 31, 2007, the most recent nominee to this position had been nominated to
the post three times. Two of these nominations were sequentially referred to the Committee
on Homeland Security and Governmental Affairs and the Committee on the Judiciary
pursuant to unanimous consent agreements of October 7, 2005. (Sen. Ted Stevens,
“Sequential Referral of Nomination,” remarks in the Senate, Congressional Record, vol.
151, October 7, 2005, p. 11331; Sen. Sherrod Brown, “Sequential Referral — Nomination
of Julie Myers,” remarks in the Senate, Congressional Record, vol. 153, September 27,
2007, p. S12316). The second nomination was referred only to the Committee on Homeland
Security and Governmental Affairs.
133
Although the Department of Justice is included in the statute that provides presidentially
appointed and Senate-confirmed chief financial officers for all of the major executive branch
agencies (31 U.S.C. § 901(a)(1)), this provision is superseded by 28 U.S.C. § 507. The
latter section provides that the Assistant Attorney General for Administration, appointed by
the Attorney General with the approval of the President, shall be the CFO for the
Department of Justice. See also Committee on Homeland Security and Governmental
Affairs (for inspector general position).
CRS-45
Senate Committee on the Judiciary (cont.)
Department of Justice (cont.)
Assistant Attorney General — Environment and Natural Resources Division
Assistant Attorney General — Legislative Affairs
Assistant Attorney General — Office of Justice Programs
Assistant Attorney General — National Security Division134
Assistant Attorney General — Office of Legal Counsel
Assistant Attorney General — Office of Legal Policy
Assistant Attorney General — Tax Division
Administrator — Drug Enforcement Administration
Administrator — Office of Juvenile Justice and Delinquency Prevention
Deputy Administrator — Drug Enforcement Administration
Director — Bureau of Alcohol, Tobacco, Firearms and Explosives
Director — Bureau of Justice Assistance
Director — Bureau of Justice Statistics
Director — Community Relations Service (four-year term of office)
Director — Federal Bureau of Investigation (10-year term of office)
Director — National Institute of Justice
Director — Office for Victims of Crime
Director — Office on Violence Against Women
Director — U.S. Marshals Service
Inspector General135
Solicitor General
Special Counsel — Immigration-Related Unfair Employment Practices (fouryear term of office)
U.S. Attorney — 93 positions (four-year terms of office)
U.S. Marshal — 94 positions (four-year terms of office)
Foreign Claims Settlement Commission
Chair — (three-year term of office; nominated from among commissioner
members — See additional listing under part-time positions below.)
134
Nominations to this position are referred sequentially to the Committee on the Judiciary
and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S. Res. 400 of the
94th Congress (as amended by § 506(d) of P. L. No. 109-177 (March 9, 2006)). The
applicable portion of the provision reads, “With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor position, the nomination of any
individual by the President to serve in such position shall be referred to the Committee on
the Judiciary and, if and when reported, to the select Committee for not to exceed 20
calendar days, except that in cases when the 20-day period expires while the Senate is in
recess, the select Committee shall have 5 additional calendar days after the Senate
reconvenes to report the nomination.”
135
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-46
Senate Committee on the Judiciary (cont.)
Office of National Drug Control Policy (Executive Office of the President)136
Director
Deputy Director
Deputy Director — Demand Reduction
Deputy Director — State and Local Affairs
Deputy Director — Supply Reduction
United States Circuit Court
Judges — 179 positions (life tenure)
United States Court of Federal Claims
Judges — 16 positions (15-year terms of office)
United States Court of International Trade (life tenure)
Judges — nine positions (political balance required)
United States District Courts137
Judges — 678 positions (most are life tenure — These include four judges in
three territorial courts, who are appointed to 10-year terms of office.)
United States Parole Commission
Member — five positions (six-year term of office)
United States Sentencing Commission
Chair — (six-year term of office; nominated from among commission members
— See additional listing under part-time positions below.)
Vice Chair — three positions (six-year terms of office; designated from among
commission members — See additional listing under part-time positions
below.)
United States Supreme Court
Chief Justice — (life tenure)
Associate Justices — eight positions (life tenure)
136
137
See also Committee on Health, Education, Labor, and Pensions.
The 678 district court judgeships consist of 663 permanent judgeships, 11 temporary
judgeships, and four territorial court judgeships. In the districts with the 11 temporary
judgeships, the seat lapses with the departure of a judge from that district at some particular
time specified in statute unless Congress enacts legislation to extend the temporary
judgeship or convert it to a permanent judgeship.
CRS-47
Senate Committee on the Judiciary (cont.)
Part-Time Positions
Foreign Claims Settlements Commission
Member — three positions (three-year terms of office — One of the three
members is also nominated to be the full-time chair of the commission, as
shown above.)
State Justice Institute, Board of Directors
Director — 11 positions (three-year terms of office)
United States Sentencing Commission (political balance required)
Commissioner — seven positions (six-year terms of office — One of the seven
members is also nominated to be the full-time chair of the commission,
and two others are designated as full-time vice-chairs.)
CRS-48
Senate Committee on Rules and Administration
Full-Time Positions
Architect of the Capitol
Architect
Election Assistance Commission (political balance required)
Commissioner — four positions (four-year terms of office)
Federal Election Commission (political balance required)
Commissioners — six positions (six-year terms of office)
Government Printing Office
Public Printer
Library of Congress
Librarian
CRS-49
Senate Committee on Small Business and
Entrepreneurship
Full-Time Positions
Small Business Administration138
Administrator
Deputy Administrator
Chief Counsel for Advocacy
Inspector General139
138
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
139
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7.
CRS-50
Senate Committee on Veterans’ Affairs
Full-Time Positions
Department of Labor140
Assistant Secretary — Veterans’ Employment and Training Service141
Department of Veterans Affairs142
Secretary
Deputy Secretary
Under Secretary — Benefits (four-year term of office)
Under Secretary — Health (four-year term of office)
Under Secretary — Memorial Affairs
Assistant Secretary — Congressional and Legislative Affairs
Assistant Secretary — Human Resources and Administration
Assistant Secretary — Information and Technology
Assistant Secretary — Management and Chief Financial Officer143
Assistant Secretary — Operations, Security, and Preparedness
Assistant Secretary — Policy and Planning
Assistant Secretary — Public and Intergovernmental Affairs
Chair — Board of Veterans’ Appeals (six-year term of office)
General Counsel
Inspector General144
United States Court of Appeals for Veterans Claims
Judge — three-seven positions (15-year terms of office)
140
For other positions in this department, see also Committee on Homeland Security and
Governmental Affairs (for inspector general position) and Committee on Health, Education,
Labor, and Pensions.
141
As of October 31, 2007, the most recent nomination to this position had been referred
jointly to the Committee on Health, Education, Labor, and Pensions and the Committee on
Veterans’ Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill
Frist, “Joint Referral,” remarks in the Senate, Congressional Record, daily edition, vol. 151,
May 24, 2005, p. S5857.
142
See also Committee on Homeland Security and Governmental Affairs (for inspector
general position).
143
This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief
Financial Officers Act of 1990, as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President
from among agency officials who have been confirmed by the Senate for other positions.
(31 U.S.C. § 901(a)(1)).
144
Pursuant to a UC agreement, most IG nominations are referred sequentially to the
committee with predominant jurisdiction over the particular IG’s agency and then the
Committee on Homeland Security and Governmental Affairs. For more information, see
footnote 7. and Floor Procedure, by Elizabeth Rybicki.
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Presidential Appointee Positions Requiring Senate Confirmation
Contents
Introduction...................................................................................................................................... 1
Senate Committee on Agriculture, Nutrition, and Forestry ............................................................. 5
Senate Committee on Armed Services............................................................................................. 6
Senate Committee on Banking, Housing, and Urban Affairs .......................................................... 9
Senate Committee on the Budget................................................................................................... 12
Senate Committee on Commerce, Science, and Transportation .................................................... 12
Senate Committee on Energy and Natural Resources ................................................................... 16
Senate Committee on Environment and Public Works .................................................................. 18
Senate Committee on Finance ....................................................................................................... 21
Senate Committee on Foreign Relations ....................................................................................... 24
Senate Committee on Health, Education, Labor, and Pensions ..................................................... 29
Senate Committee on Homeland Security and Governmental Affairs........................................... 33
Senate Committee on Indian Affairs .............................................................................................. 36
Senate Select Committee on Intelligence ...................................................................................... 37
Senate Committee on the Judiciary ............................................................................................... 38
Senate Committee on Rules and Administration ........................................................................... 41
Senate Committee on Small Business and Entrepreneurship ........................................................ 41
Senate Committee on Veterans’ Affairs ......................................................................................... 42
Tables
Table A-1. Positions That No Longer Require Senate Confirmation Per P.L. 112-166 ................ 43
Appendixes
Appendix. Presidential Appointee Positions That No Longer Require Senate
Confirmation Per P.L. 112-166, the Presidential Appointment Efficiency and
Streamlining Act of 2011 ............................................................................................................ 43
Contacts
Author Contact Information........................................................................................................... 45
Acknowledgment ........................................................................................................................... 45
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Presidential Appointee Positions Requiring Senate Confirmation
Introduction
Under the Constitution, the President and the Senate share the power to appoint the principal
officers of the United States. Almost all of the highest-level political appointee positions in the
federal government are filled by these officers.1 Three distinct stages mark the appointment
process—selection and nomination by the President, consideration of the nomination by the
Senate, and, if the nominee is confirmed, official appointment by the President.2 During the
confirmation process in the Senate, a nomination is first referred to one or more committees. If
the committee or committees report the nomination to the full Senate, or are discharged from
further consideration of the nomination, it is placed on the Senate’s Executive Calendar and may
be called up for floor consideration.3 The following pages briefly describe the referral process and
identify, for each committee to which referrals have been made, the positions that fall within the
committee’s jurisdiction.
Referral of Nominations to Senate Committees4
As part of the process of making an appointment to an advice and consent position, the President
usually submits a nomination to the Senate. The Senate’s executive clerk, acting on behalf of the
Senate’s presiding officer, refers the nomination to the appropriate committee or committees on
the day it is received.5 When making a referral, the executive clerk is guided by Senate Rule
XXV, which establishes the subject matters under the purview of each committee and directs that
“all proposed legislation, messages, petitions, memorials, and other matters relating primarily to
[those] subjects” be referred to that committee. The executive clerk is also guided by precedents
set by prior referrals and by standing orders and unanimous consent (UC) agreements pertaining
to referral of nominations.
Most nominations are sent to a single committee. Occasionally, the Senate has agreed, by UC,
standing order, or statute, to refer one or more nominations to more than one committee. Some
UC agreements provided for such a multiple referral only in the case of a specific nomination,
while other UC agreements applied to all future nominations to a particular position.
Nominations that are referred to more than one committee may be referred jointly or sequentially.
If a nomination is referred jointly, the committees receive it simultaneously and may consider it
concurrently. All committees to which a nomination is referred must report it to the full Senate or
be discharged from its further consideration before it may be considered on the floor. In the case
1
Positions in the White House Office to which the President makes appointments without the need for Senate
confirmation are exceptions.
2
In the final, official appointment stage, a confirmed nominee is given a commission signed by the President, with the
seal of the United States affixed thereto, and is sworn into office.
3
For more information on the Senate confirmation process, see CRS Report RL31980, Senate Consideration of
Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki.
4
For a general discussion of Senate committee referrals, see CRS Report 98-242, Committee Jurisdiction and Referral
in the Senate, by Judy Schneider.
5
As discussed below under the heading, “112th Congress Standing Order on Nominations,” pursuant to a standing order
adopted in the 112th Congress (2011-2012), certain specific nominations and categories of nominations are not referred
to committee when received, but are subject to a potentially more expedited process of Senate consideration.
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of a sequential referral, the nomination is referred first to the committee of predominant
jurisdiction and referred sequentially to other committees as specified by the UC agreement or
standing order. UC agreements for sequential referral can stipulate that the nomination must be
reported out of the second committee within a specified period of time (usually 20 days), or else
that committee will be automatically discharged from further consideration of the nomination.
Joint referral of a nomination has usually occurred when more than one committee appears to
have had relatively equal jurisdictional claims. For example, since at least the beginning of the
109th Congress, nominations to eight positions—two each in the Department of Commerce and
the Office of Management and Budget, and one each in the Department of Energy, Department of
the Interior, Department of Labor, and Pension Benefit Guaranty Corporation—have been
referred jointly to two committees.6
Sequential referral has been more likely when jurisdictional predominance appeared to favor one
committee, but other committees also have had some jurisdictional claim on the nomination. In
those instances, the nomination has usually been referred to the committee with predominant
jurisdiction, and, after being reported to the full Senate by that committee, it has been referred
sequentially to other committees. For example, since at least the beginning of the 109th Congress,
the Senate has agreed, by UC, to refer sequentially nominations to most inspector general (IG)
positions,7 as well as four other positions—one in the Department of Defense, one in the
Department of Justice, and two in the Department of Homeland Security.8
In a small number of cases, nominations have been referred to more than one committee on an ad
hoc basis by UC. A 2004 nomination for Under Secretary of the Treasury for Enforcement,9 for
example, was first referred to the Committee on Finance. After the committee had reported the
nomination, it was referred to the Committee on Banking, Housing, and Urban Affairs, and
simultaneously re-referred to the Committee on Finance, pursuant to a UC agreement.10 A 2006
6
The positions are Under Secretary of Commerce for International Trade; Assistant Secretary of Commerce for Trade
Promotion/Director General of the U.S. and Foreign Commercial Service; Director of the Office of Management and
Budget; Deputy Director of the Office of Management and Budget; Assistant Secretary of Energy for Environmental
Management; Assistant Secretary of the Interior for Fish, Wildlife, and Parks; Assistant Secretary of Labor for
Veterans’ Employment and Training Service; and Director of the Pension Benefit Guaranty Corporation.
7
On January 9, 2007, the Senate agreed, by unanimous consent, “that nominations to the Office of Inspector General,
except the Office of Inspector General of the Central Intelligence Agency, be referred in each case to the committee
having primary jurisdiction over the department, agency or entity, and if and when reported in each case, then to the
Committee on Homeland Security and Governmental Affairs for not to exceed 20 calendar days, except that in cases
when the 20-day period expires while the Senate is in recess, the committee shall have an additional 5 calendar days
after the Senate reconvenes to report the nomination and that if the nomination is not reported after the expiration of
that period, the nomination be automatically discharged and placed on the executive calendar.” Sen. Harry Reid,
“Executive Nominations,” remarks in the Senate, Congressional Record, vol. 153, part I, January 9, 2007, p. 487.
8
These sequentially referred nominations include those to be the Assistant Secretary of the Army for Civil Works,
which was referred to the Committee on Armed Services and the Committee on Environment and Public Works; the
Assistant Attorney General for the National Security Division, which was referred to Committee on the Judiciary and
the Select Committee on Intelligence; the Assistant Secretary of Homeland Security for U.S. Immigration and Customs
Enforcement, which was referred, in two cases, to the Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary; and the Assistant Secretary of Homeland Security for the Transportation Security
Administration, which was referred to the Committee on Commerce, Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs.
9
This position is currently known in the Department of Treasury as Under Secretary for Terrorism and Financial
Intelligence.
10
Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate, Congressional Record, vol. 150, part 11, July 8,
2004, p. 14904.
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Presidential Appointee Positions Requiring Senate Confirmation
nomination to be Assistant Secretary of State for Intelligence and Research was initially referred
to the Committee on Foreign Relations. Two days after this referral, the committee was
discharged from further consideration of the nomination, and the nomination was referred to the
Select Committee on Intelligence, where it remains today, by UC.11 Also in 2006, a nomination to
the position of federal coordinator for Alaska Natural Gas Transportation Projects was initially
referred to the Committee on Commerce, Science, and Transportation. Two weeks later, the
Senate agreed, by UC, to discharge this committee from further consideration of the nomination,
and to then refer the nomination to the Committee on Energy and Natural Resources,12 where it
remains today.
In some instances, different committees have exercised jurisdiction over different positions within
the same department or agency. (For details, see the committee presentations that follow.) For
example, six committees have jurisdiction over positions in the Department of Commerce, and
four committees have jurisdiction over positions in the Department of the Interior. Usually,
however, one committee has jurisdiction over most positions in a department or agency.
The appointment provisions for certain executive branch chief financial officers (CFOs) are
unusual. The Chief Financial Officers Act of 1990, as amended, covers CFOs in 25 specified
departments and agencies. Of these, 17 positions may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President from
among agency officials who have been confirmed by the Senate for other positions.13 These CFO
positions are identified under the appropriate committees in this report.
112th Congress Standing Order on Nominations
On June 29, 2011, the Senate adopted S.Res. 116, a resolution establishing special expedited
procedures governing Senate consideration of certain presidential nominations.14
Under the terms of the resolution, which operates as a standing order of the Senate, 41 specified
nominations or categories of nominations are, when received from the President, not referred to a
Senate committee, but are instead placed directly on the Senate Executive Calendar under a
newly created heading, “Privileged Nominations – Information Requested.” A qualifying
nomination will remain in this category until the Senate executive clerk receives written
certification from the chairman of the committee with jurisdiction over the nomination that the
“appropriate biographical and financial questionnaires have been received” from the nominee.
Once certified in this way, the nomination in question is transferred by the executive clerk to a
11
Sen. Mitch McConnell, “Referral of Discharged Nomination,” remarks in the Senate, Congressional Record, vol.
152, part 8, June 14, 2006, p. 11186.
12
Sen. Mitch McConnell, “Discharge and Referral,” remarks in the Senate, Congressional Record, vol. 152, part 10,
June 29, 2006, p. 13597.
13
31 U.S.C. §901(a)(1). For more information, see CRS Report RL31965, Financial Management in the Federal
Government: Efforts to Improve Performance, by Virginia A. McMurtry; and CRS Report RL32550, Homeland
Security Financial Accountability Act: History and Recent Developments, by Virginia A. McMurtry.
14
In the 112th Congress, the Senate also passed legislation intended to reduce the number of executive branch positions
subject to Senate confirmation. Enactment of S. 679 eliminates the requirement of Senate approval of several specified
presidentially appointed positions in the federal agencies and departments. S. 679 passed the Senate on June 29, 2011,
passed the House of Representatives on July 31, 2012, and was signed into law by the President on August 10, 2012, as
P.L. 112-166. For additional information on these two measures, see CRS Report R41872, Presidential Appointments,
the Senate’s Confirmation Process, and Changes Made in the 112th Congress, by Maeve P. Carey.
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separate section of the Executive Calendar having the heading, “Privileged Nomination –
Information Received,” and it will remain in this status on the calendar for 10 days of Senate
session. At the expiration of this 10-day period, the nomination is placed on the “Nominations”
section of the Executive Calendar, where nominations reported by Senate committees are listed.
The sponsor of S.Res. 116 indicated his view that they would be placed in this position on the
Executive Calendar, “with the presumption that these noncontroversial positions would be
[confirmed] by unanimous consent.”15 Anytime that a nomination is on the Executive Calendar in
either the “Information Requested” or “Information Received” section, any Senator, or on the
behalf of another Senator, can direct that the nomination be referred to Senate committee in the
usual fashion.
Organization of the Report
This report identifies, for each Senate committee to which nominations have been referred during
recent Congresses, the positions over which the committee has exercised jurisdiction. The lists of
presidentially appointed positions requiring Senate confirmation are based on referrals as of the
date of passage of S. 679, which became P.L. 112-166 on August 10, 2012. A complete list of the
presidentially appointed positions that no longer require Senate confirmation may be found in the
Appendix at the end of this report. For each committee list, positions are categorized as full- or
part-time and then grouped by department or agency. Where nominations have been referred to
more than one committee, the organizations and titles are noted under each of the committees to
which the nominations were referred. A footnote indicates the authority under which the referral
to multiple committees was made.
Policy areas are not specified in statute for some of the sub-secretary positions. The policy areas
shown in the listings for such positions are drawn from the text of presidential nomination
messages and information from agency officials. In these cases, titles, specific responsibilities,
and referral patterns may change over time.
Most appointments to departments and single-headed agencies are characterized by an indefinite
tenure; office holders serve at the pleasure of the President. In contrast, terms of office for
appointments to multi-member entities, such as commissions and boards, are often for fixed
periods of time. For those positions that have fixed terms of office, the lists include the lengths of
the terms.
Some commissions, councils, and other multi-member entities are required, by their enabling
statutes, to maintain political balance in some way. This is noted in parentheses where applicable.
Nominations covered by S.Res. 116 are highlighted in the report with an asterisk, noting their
privileged status under the standing order discussed above.
The information provided in this report was compiled from the Senate nominations database of
the Legislative Information System,16 which spans the 97th Congress to the present; data on
departmental and agency websites; telephone conversations with agency officials; and the United
States Code.
15
Remarks of Sen. Charles E. Schumer, Congressional Record, daily edition, vol. 157 (June 29, 2011), p. S4203.
The Legislative Information System, which is accessible to Congress, is available at http://www.congress.gov/nomis/
. A similar, publicly available database is at http://thomas.loc.gov/home/nomis.html.
16
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Agriculture, Nutrition, and
Forestry
Full-Time Positions
Department of Agriculture17
Secretary
Deputy Secretary
Under Secretary—Farm and Foreign Agricultural Services
Under Secretary—Food, Nutrition, and Consumer Services
Under Secretary—Food Safety
Under Secretary—Marketing and Regulatory Programs
Under Secretary—Natural Resources and Environment
Under Secretary—Research, Education, and Economics
Under Secretary—Rural Development
Assistant Secretary—Civil Rights
*Assistant Secretary—Congressional Relations
*Chief Financial Officer18
General Counsel
Inspector General19
Commodity Futures Trading Commission (political balance required)
Commissioner—five positions (five-year terms of office—Chair must be confirmed as both a
member and as chair.)
Farm Credit Administration (political balance required)
Member—three positions (six-year terms of office)
Part-Time Positions
Federal Agricultural Mortgage Corporation (Farmer Mac), Board of Directors
*Member—five (of 15 total) positions (indefinite terms of office; political balance required)
17
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for
inspector general position).
18
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
19
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
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Senate Committee on Armed Services
Full-Time Positions
Department of Defense20
Office of the Secretary
Secretary
Deputy Secretary
Under Secretary—Acquisition, Technology, and Logistics
Under Secretary—Comptroller/*Chief Financial Officer21
Under Secretary—Intelligence
Under Secretary—Personnel and Readiness
Under Secretary—Policy
Deputy Chief Management Officer
Principal Deputy Under Secretary—Acquisition, Technology, and Logistics
Principal Deputy Under Secretary—Comptroller
Principal Deputy Under Secretary—Intelligence
Principal Deputy Under Secretary—Personnel and Readiness
Principal Deputy Under Secretary—Policy
Assistant Secretary—Acquisition
Assistant Secretary—Asian and Pacific Security Affairs
Assistant Secretary—Global Strategic Affairs
Assistant Secretary—Health Affairs
Assistant Secretary—Homeland Defense and Americas’ Security Affairs
Assistant Secretary—International Security Affairs
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Logistics and Materiel Readiness
Assistant Secretary—Reserve Affairs
Assistant Secretary—Special Operations and Low-Intensity Conflict
Director—Cost Assessment and Program Evaluation
Director—Defense Research and Engineering
Director—Operational Energy Plans and Programs
Director—Operational Test and Evaluation
Assistant to the Secretary—Nuclear and Chemical and Biological Defense Programs
General Counsel
Inspector General22
Military Officers (commissions and promotions)
20
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
22
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
(continued...)
21
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Presidential Appointee Positions Requiring Senate Confirmation
Department of the Air Force
Secretary
Under Secretary
Assistant Secretary—Acquisition
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Manpower and Reserve Affairs
Assistant Secretary—Installations, Environment, and Logistics
General Counsel
Department of the Army
Secretary
Under Secretary
Assistant Secretary—Acquisition, Logistics, and Technology
Assistant Secretary—Civil Works23
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Installations and Environment
Assistant Secretary—Manpower and Reserve Affairs
General Counsel
Department of the Navy
Secretary
Under Secretary
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Energy, Installations, and Environment
Assistant Secretary—Manpower and Reserve Affairs
Assistant Secretary—Research, Development, and Acquisition
General Counsel
Joint Chiefs of Staff
Chairman (two-year term of office)
Vice Chairman (two-year term of office)
Chief of Staff (Air Force) (four-year term of office)
Chief of Staff (Army) (four-year term of office)
Chief of Naval Operations (four-year term of office)
Commandant of the Marine Corps (four-year term of office)
(...continued)
For more information, see footnote 7.
23
As of October 31, 2007, the most recent nomination to this position had been referred sequentially to the Committee
on Armed Services and the Committee on Environment and Public Works. On March 10, 2005, the Senate agreed, by
unanimous consent, that “when the nomination for the Assistant Secretary for Civil Works is received by the Senate, it
will be referred to the Committee on Armed Services; provided that when the Committee on Armed Services reports
the nomination it be referred to the Committee on Environment and Public Works for a period of 20 days of session;
provided further that if the Committee on Environment and Public Works does not report the nomination within those
20 days, the committee be discharged from further consideration of the nomination and the nomination be placed on the
Calendar.” Sen. Mitch McConnell, “Unanimous Consent Agreement—Executive Calendar,” remarks in the Senate,
Congressional Record, vol. 151, part 3, March 10, 2005, p. 4386.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
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Presidential Appointee Positions Requiring Senate Confirmation
Department of Energy24
Under Secretary—Nuclear Security/Administrator—National Nuclear Security Administration
(NNSA)
Principal Deputy Administrator—NNSA
Deputy Administrator—Defense Programs—NNSA
Deputy Administrator—Defense Nuclear Nonproliferation—NNSA
Assistant Secretary—Environmental Management25
Defense Nuclear Facilities Safety Board (political balance required)
Member—five positions (five-year terms of office)
U.S. Court of Appeals for the Armed Forces (political balance required)
Judge—five positions (15-year terms of office)
Part-Time Positions
Uniformed Services University of the Health Sciences, Board of Regents
Member—nine positions (six-year terms of office)
24
For other positions within the department, see also Committee on Energy and Natural Resources and Committee on
Homeland Security and Governmental Affairs (for inspector general position).
25
Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy
and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990.
Sen. George Mitchell, “Joint Referral of Department of Energy Nomination,” remarks in the Senate, Congressional
Record, vol. 136, part 11, June 28, 1990, pp. 16573-16574.
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Senate Committee on Banking, Housing, and Urban
Affairs
Full-Time Positions
Department of Commerce26
Under Secretary—Export Administration27
Under Secretary—International Trade28
Assistant Secretary—Export Administration
Assistant Secretary—Export Enforcement
Assistant Secretary—Trade Promotion/Director General—U.S. and Foreign Commercial
Service29
Department of Housing and Urban Development30
Secretary
Deputy Secretary
Assistant Secretary—Community Planning and Development
*Assistant Secretary—Congressional and Intergovernmental Relations
Assistant Secretary—Fair Housing and Equal Opportunity
Assistant Secretary—Housing/Federal Housing Commissioner
Assistant Secretary—Policy Development and Research
Assistant Secretary—Public and Indian Housing
*Chief Financial Officer31
Director—Office of Federal Housing Enterprise Oversight (five-year term)
General Counsel
Inspector General32
President—Government National Mortgage Association (Ginnie Mae)
26
For other positions within the department, see also Committee on Commerce, Science, and Transportation;
Committee on Environment and Public Works; Committee on Finance; Committee on Homeland Security and
Governmental Affairs; and Committee on the Judiciary.
27
Within the Department of Commerce, this position is also known as Under Secretary for Industry and Security.
28
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Finance pursuant to a unanimous consent agreement of September 20, 2007. Sen. John Kerry, “Joint
Referral,” remarks in the Senate, Congressional Record, vol. 153, part 18, September 20, 2007, p. 25123.
29
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May 26, 2005.
Sen. Bill Frist, “Joint Referral,” remarks in the Senate, Congressional Record, vol. 151, part 8, May 26, 2005, p. 11590.
30
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
31
This chief financial officer (CFO) is one of CFO positions covered by the Chief Financial Officers Act of 1990 (P.L.
101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the
Senate, or through designation by the President from among agency officials who have been confirmed by the Senate
for other positions (31 U.S.C. §901(a)(1)).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
32
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
Congressional Research Service
9
Presidential Appointee Positions Requiring Senate Confirmation
Department of Transportation33
Administrator—Federal Transit Administration
Department of the Treasury34
Under Secretary—Terrorism and Financial Crimes35
Assistant Secretary—Financial Institutions
Assistant Secretary—Financial Stability
Assistant Secretary—International Markets and Development
Assistant Secretary—Terrorist Financing
Special Inspector General for the Troubled Asset Relief Program36
Comptroller of the Currency (five-year term of office)
Director of the Mint (five-year term of office)
Director—Office of Financial Research (six-year term of office)
Director—Office of Thrift Supervision (five-year term of office)
Bureau of Consumer Financial Protection
Director
Council of Economic Advisers (Executive Office of the President)
Chair
Export-Import Bank37 (political balance required)
Member—five positions (four-year terms of office—Chair must be confirmed as both a member
and as chair.)
Inspector General38
33
For other positions within the department, see also Committee on Commerce, Science, and Transportation;
Committee on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for
inspector general position).
34
For other positions within the department, see also Committee on Finance and Committee on Homeland Security and
Governmental Affairs (for inspector general position).
35
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Finance pursuant to a unanimous consent agreement of July 8, 2004. Sen. Bill Frist, “Referral of
Nominations,” remarks in the Senate, Congressional Record, vol. 150, part 11, July 8, 2004, p. 14904.
On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement. The nomination was referred to
the Committee on Finance, which reported it on May 20. Pursuant to a UC agreement of July 8, the nomination was
referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee
on Finance (Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate, Congressional Record, vol. 150, part 11,
July 8, 2004, p. 14904). The unanimous consent agreement stated that the agreement was to be specific to the
nominations then at hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on July 20,
and the Committee on Finance was discharged from further consideration pursuant to the July 8 agreement. The Senate
confirmed the Levey nomination on July 21. The position of Under Secretary for Terrorism and Financial Crimes (or
Under Secretary for Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was
established by P.L. 108-447, Div. H, Title II, §222 (118 Stat. 3242) as a successor office to the Under Secretary for
Enforcement, and Levey continued to serve in the new position until he announced his resignation on January 24, 2011.
36
Established by the Economic Stabilization Act of 2008 (Section 121, P.L. 110-343; 12 USC 5231). Neil M. Barofsky
was nominated November 17, 2008. As is the case with most inspectors general, Barofsky’s nomination was
sequentially referred to the Senate Homeland Security and Governmental Affairs Committee after it was reported out of
the Senate Banking, Housing, and Urban Affairs Committee.
37
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
38
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
Congressional Research Service
10
Presidential Appointee Positions Requiring Senate Confirmation
Federal Deposit Insurance Corporation39 (political balance required)
Member—three positions (six-year terms of office—Chair and vice chair must be confirmed as
both a member and as chair.)
Inspector General40
Federal Housing Finance Agency (political balance required)
Director41
Member—four positions (seven-year terms of office)
Inspector General42
Federal Reserve System, Board of Governors
Governor—seven positions (14-year terms of office—Chair and vice chair, who must be
confirmed as both a governor and as chair and vice chair, also need to be confirmed for four-year
terms in those offices.)
Financial Stability Oversight Council
Member—ten voting positions and five nonvoting (six-year terms of office)
National Credit Union Administration, Board of Directors (political balance required)
Member—three positions (six-year terms of office)
Securities and Exchange Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Part-Time Positions
National Consumer Cooperative Bank, Board of Directors
*Member—three (of 15 total) positions (three-year terms of office)
National Institute of Building Sciences, Board of Directors
*Member—six (of 21 total) positions (three-year terms of office)
Securities Investor Protection Corporation, Board of Directors
*Director—five (of seven total) positions (three-year terms of office)43
39
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
41
This position was established by the Housing and Economic Recovery Act of 2008 (P.L. 110-289; 122 Stat. 2654,
Title I, Section 1101). Joseph A. Smith Jr. was nominated on November 15, 2010, and the nomination was returned to
the President on December 22, 2010. To date there has been no additional nomination and the agency has an acting
director.
42
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
40
Congressional Research Service
11
Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on the Budget
Full-Time Positions
Office of Management and Budget (Executive Office of the President)44
Director45
Deputy Director46
Senate Committee on Commerce, Science, and
Transportation
Full-Time Positions
Department of Commerce47
Secretary
Deputy Secretary
Under Secretary—Economic Affairs
Under Secretary—Standards and Technology/ Director—National Institute of Standards and
Technology
Assistant Secretary—*Administration/*Chief Financial Officer48
Assistant Secretary—Communications and Information
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Manufacturing and Services
Assistant Secretary—Technology Policy
Assistant Secretary—Trade Promotion/Director General—U.S. and Foreign Commercial
Service49
44
For other positions within the Office of Management and Budget, see also Committee on Homeland Security and
Governmental Affairs.
45
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: “The
Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint
jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy
Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a
nomination, the other must report within 30 calendar days session, or be automatically discharged” (§101(e)).
Nominations to the positions of Director and Deputy Director of the Office of Management and Budget have been
jointly referred to the two committees since the 109th Congress.
46
Ibid. The Chief Financial Officer Act of 1990 designated the Deputy Director as the Deputy Director for
Management and Finance and as the Chief Financial Officer of the U.S. (P.L. 101-576, Title II, Section 202(c)).
47
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Environment and Public Works; Committee on Finance; Committee on Homeland Security and Governmental
Affairs; and Committee on the Judiciary.
48
This dual title position requires two separate nominations. Both nominations go to the Senate Committee on
Commerce, Science, and Transportation. This chief financial officer (CFO) is one of the CFO positions covered by the
Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the
President, with the advice and consent of the Senate, or through designation by the President from among agency
officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).
49
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the
(continued...)
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
General Counsel
Inspector General50
National Oceanic and Atmospheric Administration (NOAA)
Under Secretary—Oceans and Atmosphere/Administrator—NOAA
Assistant Secretary—Conservation and Management/Deputy Administrator—NOAA
Assistant Secretary—Environmental Observation and Prediction—NOAA
Department of Homeland Security51
Under Secretary—Science and Technology
Assistant Secretary/Administrator—Transportation Security Administration52
Commandant—United States Coast Guard
Officers (commissions and promotions)—United States Coast Guard Officers
Department of Transportation53
Secretary
Deputy Secretary
Under Secretary—Policy
Assistant Secretary—Aviation and International Affairs
*Assistant Secretary—Governmental Affairs
Assistant Secretary—Transportation Policy
Administrator—Federal Aviation Administration (five-year term of office)
Administrator—Federal Motor Carrier Safety Administration
Administrator—Federal Railroad Administration
Administrator—Maritime Administration
Administrator—National Highway Traffic Safety Administration
Administrator—Pipeline and Hazardous Materials Safety Administration
Administrator—Research and Innovative Technology Administration
*Chief Financial Officer54
(...continued)
Committee on Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May 26, 2005.
Sen. Bill Frist, “Joint Referral,” remarks in the Senate, Congressional Record, vol. 151, part 8, May 26, 2005, p. 11590.
50
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
51
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and
Governmental Affairs, and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12
assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. §113).
52
Nominations to this position are referred sequentially to the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs.
53
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for inspector
general position).
54
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
Congressional Research Service
13
Presidential Appointee Positions Requiring Senate Confirmation
General Counsel
Inspector General55
Consumer Product Safety Commission (political balance required)
Commissioner—five positions (seven-year terms of office—Only three of the positions have been
funded and filled since the mid-1980s; the chair must be confirmed as both a member and the
chair.)
Federal Communications Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Federal Maritime Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Federal Trade Commission (political balance required)
Commissioner—five positions (seven-year terms of office)
National Aeronautics and Space Administration56
Administrator
Deputy Administrator
*Chief Financial Officer
Inspector General57
National Transportation Safety Board (political balance required)
Member—five positions (five-year terms of office—the chair must be confirmed as both a
member and as chair.)
Office of Science and Technology Policy (Executive Office of the President)
Director
Associate Director—Energy and Environment
Associate Director—National Security and International Affairs
Associate Director—Science
Associate Director—Technology/Chief Technology Officer
Surface Transportation Board (political balance required)
Member—three positions (five-year terms of office)
55
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
56
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
57
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Part-Time Positions
Corporation for Public Broadcasting Board of Directors (political balance required)
Member—nine positions (six-year terms of office)
Metropolitan Washington Airport Authority Board of Directors
*Member—three positions (six-year terms of office; political balance required)
AMTRAK, Board of Directors58
Member—seven positions (five-year terms of office)
Saint Lawrence Seaway Development Corporation Advisory Board (political balance
required)
*Member—five positions (indefinite terms of office)
58
Previously known as the AMTRAK Reform Board; name changed to AMTRAK Board of Directors with Title II,
AMTRAK Reform and Operational Improvements, Section 202 of P.L. 110-432 (122 Stat. 4848), October 16, 2008.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Energy and Natural Resources
Full-Time Positions
Department of Energy59
Secretary
Deputy Secretary
Under Secretary
Under Secretary—Science
Administrator—Energy Information Administration
*Assistant Secretary—Congressional and Intergovernmental Affairs
Assistant Secretary—Electricity Delivery and Energy Reliability
Assistant Secretary—Energy Efficiency and Renewable Energy
Assistant Secretary—Environmental Management60
Assistant Secretary—Fossil Energy
Assistant Secretary—International Affairs and Domestic Policy
Assistant Secretary—Nuclear Energy
Director—Advanced Research Projects Agency-Energy
Director—Office of Civilian Radioactive Waste Management
Director—Office of Minority Economic Impact
Director—Office of Science
*Chief Financial Officer61
General Counsel
Inspector General62
59
For other positions within the department, see also Committee on Armed Services and Committee on Homeland
Security and Governmental Affairs (for inspector general position).
60
Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy
and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990.
Sen. George Mitchell, “Joint Referral of Department of Energy Nomination,” remarks in the Senate, Congressional
Record, vol. 136, part 11, June 28, 1990, pp. 16573-16574.
61
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
62
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Department of the Interior63
Secretary
Deputy Secretary
Assistant Secretary—Fish, Wildlife, and Parks64
Assistant Secretary—Insular Affairs
Assistant Secretary—Land and Minerals Management
*Assistant Secretary—Management, and Budget/Chief Financial Officer65
Assistant Secretary—Water and Science
Commissioner—Bureau of Reclamation
Director—Bureau of Land Management
Director—National Park Service
Director—Office of Surface Mining Reclamation and Enforcement
Director—U.S. Geological Survey
Inspector General66
Solicitor
Federal Energy Regulatory Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects
*Federal Coordinator67
63
For other positions within the department, see also Committee on Environment and Public Works, Committee on
Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs.
64
Nominations to this position have been referred jointly to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works pursuant to a unanimous consent agreement of April 26, 2007. Sen.
Harry Reid, “Joint Referral of Nomination,” remarks in the Senate, Congressional Record, daily edition, vol. 153, part
7, April 26, 2007, p. 10583.
65
This chief financial officer (CFO) is one of the positions covered by the Chief Financial Officers Act of 1990 (P.L.
101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the
Senate, or through designation by the President from among agency officials who have been confirmed by the Senate
for other positions (31 U.S.C. §901(a)(1)).
66
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
67
A June 12, 2006, nomination to this position was initially referred to the Committee on Commerce, Science, and
Transportation. On June 29, 2006, the Senate agreed, by unanimous consent, that “the nomination of Drue Pearce to be
the Federal Coordinator for Alaska Natural Gas Transportation Projects be discharged from the Committee on
Commerce, Science, and Transportation and be referred to the Committee on Energy and Natural Resources.” Sen.
Mitch McConnell, “Discharge and Referral,” remarks in the Senate, Congressional Record, vol. 152, part 10, June 29,
2006, p. 13597.
The term of the Federal Coordinator is “to last until 1 year following the completion of the project referred to in section
103” of the Alaska Natural Gas Pipeline Act (15 U.S.C. Section 720d(b)(1)). Section 103 discusses “an Alaska natural
gas transportation project other than the Alaska natural gas transportation system” (15 U.S.C. 720a(a)).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Environment and Public
Works
Full-Time Positions
Department of Commerce68
Assistant Secretary—Economic Development
Department of Defense69
Assistant Secretary—Army—Civil Works70
Department of the Interior71
Assistant Secretary—Fish, Wildlife and Parks72
Director—U.S. Fish and Wildlife Service
Department of Transportation73
Administrator—Federal Highway Administration
Appalachian Regional Commission
Federal Cochair
Chemical Safety and Hazard Investigation Board
Member—five positions (five-year terms of office—the chair must be confirmed as both a
member and as chair.)
68
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Commerce, Science, and Transportation; Committee on Finance; Committee on Homeland Security and
Governmental Affairs; and Committee on the Judiciary.
69
For other positions within the department, see also Committee on Armed Services and Committee on Homeland
Security and Governmental Affairs (for inspector general position).
70
Nominations to this position are referred sequentially to the Committee on Armed Services and the Committee on
Environment and Public Works. On March 10, 2005, the Senate agreed, by unanimous consent, that “when the
nomination for the Assistant Secretary for Civil Works is received by the Senate, it be referred to the Committee on
Armed Services; provided that when the Committee on Armed Services reports the nomination it be referred to the
Committee on Environment and Public Works for a period of 20 days of session; provided further that if the Committee
on Environment and Public Works does not report the nomination within those 20 days, the committee be discharged
from further consideration of the nomination and the nomination be placed on the Calendar.” Sen. Mitch McConnell,
“Unanimous Consent Agreement—Executive Calendar,” remarks in the Senate, Congressional Record, vol. 151, part
3, March 10, 2005, p. 4386.
71
For other positions within the department, see also Committee on Energy and Natural Resources, Committee on
Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs.
72
Nominations to this position are referred jointly to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works pursuant to a unanimous consent agreement of April 26, 2007. Sen.
Harry Reid, “Joint Referral of Nomination,” remarks in the Senate, Congressional Record, vol. 153, part 7, April 26,
2007, p. 10583.
73
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Homeland Security and Governmental Affairs (for inspector general position); and Committee on Commerce,
Science, and Transportation.
Congressional Research Service
18
Presidential Appointee Positions Requiring Senate Confirmation
Council on Environmental Quality (Executive Office of the President)74
Chair
Delta Regional Authority
Federal Cochair
Environmental Protection Agency75
Administrator
Deputy Administrator
Assistant Administrator—Administration and Resources Management
Assistant Administrator—Air and Radiation
Assistant Administrator—Enforcement and Compliance Assurance
Assistant Administrator—Environmental Information/Chief Information Officer
Assistant Administrator—International and Tribal Affairs
Assistant Administrator—Prevention, Pesticides, and Toxic Substances
Assistant Administrator—Research and Development
Assistant Administrator—Solid Waste and Emergency Response
Assistant Administrator—Toxic Substances76
Assistant Administrator—Water
*Chief Financial Officer77
General Counsel
Inspector General78
Northern Border Regional Commission
Federal Cochair
Nuclear Regulatory Commission79 (political balance required)
Commissioner—five positions (five-year terms of office)
Inspector General80
74
Chair is confirmed as a member and designated as chair by the President (42 USC §4342). Composition of Council
on Environmental Quality: Act August 2, 2005, P.L. 109-54, Title III, 119 Stat. 543, provides: “Notwithstanding
section 202 of the National Environmental Policy Act of 1970 [this section], the Council [on Environmental Quality]
shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the Council.”
75
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
76
In the EPA this position is considered to be the assistant administrator for the Office of Chemical Safety and
Pollution Prevention (OCSPP); title as nominated is not used per telephone verification with the OCSPP on 1/25/2012.
77
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
78
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
79
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
80
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Office of Environmental Quality
Deputy Director81
Part-Time Positions
Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation,
Board of Trustees (political balance required)
*Member—nine positions (six-year terms of office)
Tennessee Valley Authority, Board of Directors82
Member—nine positions (five-year terms of office)
Inspector General83
81
There is established in the Executive Office of the President an office to be known as the Office of Environmental
Quality (hereinafter in this title [42 USCS §§4371 et seq.] referred to as the “Office”). The Chairman of the Council on
Environmental Quality established by Public Law 91-190 [42 USCS §§4321 et seq.] shall be the Director of the Office.
There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and
consent of the Senate.
(b) Compensation of Deputy Director. 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].
82
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
83
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
20
Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Finance
Full-Time Positions
Department of Commerce84
Under Secretary—International Trade85
Assistant Secretary—Import Administration
Assistant Secretary—Market Access and Compliance
Department of Health and Human Services86
Secretary
Deputy Secretary
Administrator—Centers for Medicare and Medicaid Services
*Assistant Secretary—Resources and Technology87/Chief Financial Officer88
Assistant Secretary—Family Support
Assistant Secretary—Legislation
Assistant Secretary—Planning and Evaluation
Assistant Secretary—Public Affairs
Commissioner—Children, Youth, and Families
General Counsel
Inspector General89
Department of Homeland Security90
Commissioner—U.S. Customs and Border Protection
84
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Homeland
Security and Governmental Affairs; and Committee on the Judiciary.
85
As of December 22, 2010, the most recent nomination to this position had been referred jointly to the Committee on
Banking, Housing, and Urban Affairs and the Committee on Finance pursuant to a unanimous consent agreement of
September 29, 2005. Sen. Bill Frist, “Joint Referral of Nomination,” remarks in the Senate, Congressional Record, vol.
151, part 16, September 29, 2005, p. 21774.
86
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for
inspector general position); Committee on Health, Education, Labor, and Pensions; and Committee on Indian Affairs.
87
Within the Department of Health and Human Services, this position is known as Assistant Secretary for Financial
Resources and Chief Financial Officer.
88
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
89
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
90
For other positions within the department, see also Committee on Commerce, Science, and Transportation;
Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security
Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the
Senate (6 U.S.C. §113). As of April 15, 2011 eleven assistant secretaries had been nominated and confirmed.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Department of the Treasury91
Secretary
Deputy Secretary
Under Secretary—Domestic Finance
Under Secretary—International Affairs
Under Secretary—Terrorism and Financial Crimes92
Assistant Secretary—Economic Policy
Assistant Secretary—Financial Markets
Assistant Secretary (Deputy Under Secretary)—International Affairs93
Assistant Secretary—Tax Policy
*Assistant Secretary (Deputy Under Secretary)—Legislative Affairs94
*Chief Financial Officer95
Chief Counsel—Internal Revenue Service/Assistant General Counsel for Tax
Commissioner—Internal Revenue (five-year terms of office)
General Counsel
Inspector General96
Inspector General—Tax Administration97
Office of United States Trade Representative (Executive Office of the President)
U.S. Trade Representative
Deputy U.S. Trade Representative
Deputy U.S. Trade Representative
91
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs and
Committee on Homeland Security and Governmental Affairs (for inspector general position).
92
On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement. The nomination was referred
to the Committee on Finance, which reported it on May 20. Pursuant to a UC agreement of July 8, the nomination was
referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee
on Finance (Sen. Bill Frist, “Referral of Nominations,” remarks in the Senate, Congressional Record, vol. 150, part 11,
July 8, 2004, p. 14904`). The UC agreement stated that the agreement was to be specific to the nominations then at
hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on July 20, and the Committee
on Finance was discharged from further consideration pursuant to the July 8 agreement. The Senate confirmed the
Levey nomination on July 21. The position of Under Secretary for Terrorism and Financial Crimes (or Under Secretary
for Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was established by P.L.
108-447, Div. H, Title II, §222 (118 Stat. 3242) as a successor office to the Under Secretary for Enforcement, and
Levey continued to serve in the new position until he announced his resignation on January 24, 2011.
93
Under the provisions of 31 U.S.C. §301(d), the Department of the Treasury has two deputy under secretaries who are
to be appointed by the President, with the advice and consent of the Senate. Section 301(d) also provides the “[w]hen
appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant
Secretary.” As of April 15, 2011, the most recent appointees to Deputy Under Secretary for International Affairs and
Deputy Under Secretary for Legislative Affairs were identified as assistant secretaries on the Department of Treasury
website at http://www.ustreas.gov/.
94
Ibid.
95
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
96
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
97
Ibid.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Deputy U.S. Trade Representative
Chief Agricultural Negotiator
Pension Benefit Guaranty Corporation
Director98
Social Security Administration99
Commissioner (six-year term of office)
Deputy Commissioner (six-year term of office)
Inspector General100
United States International Trade Commission (political balance required)
Commissioner—six positions (nine-year terms of office)
United States Tax Court
Judge—19 positions (15-year terms of office)
Part-Time Positions
Federal Hospital Insurance Trust Fund, Board of Trustees (political balance required)
*Member—two (of six total) positions (four-year terms of office)
Federal Old-Age and Survivors Trust Fund and the Disability Insurance Trust Fund, Board
of Trustees (political balance required)
*Member—two (of six total) positions (four-year terms of office)
*Federal Supplementary Medical Insurance Trust Fund, Board of Trustees (political balance
required)
Member—two (of six total) positions (four-year terms of office)
Internal Revenue Service Oversight Board
*Member—seven (of nine total) positions (five-year terms of office)
Social Security Advisory Board (political balance required)
*Member—three (of seven total) positions (six-year terms of office)101
98
The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are
made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280,
§411; 120 Stat. 935). The act provides that “[t]he Committee on Finance of the Senate and the Committee on Health,
Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated
by the President to fill [this position], and if one committee votes to order reported such a nomination, the other shall
report within 30 calendar days, or be automatically discharged” (P.L. 109-280, §411(c)(1); 120 Stat. 935). The act also
provides that the executive director at the time of enactment, “or any other individual, may serve as interim Director ...
until an individual is appointed as Director” under the advice and consent process (P.L. 109-280, §411(d); 120 Stat.
936). The first nomination to this position was received by the Senate on May 3, 2007, and was referred as specified in
the law to the Senate Committees on Finance; and Health, Education, Labor, and Pensions.
99
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
100
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
(continued...)
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Foreign Relations
Full-Time Positions
Department of State102
Secretary
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs
Under Secretary—Civilian Security, Democracy, and Human Rights
Under Secretary—Management
Under Secretary—Political Affairs
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs103
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer104
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions105
Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs
Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific Affairs
(...continued)
Standing Order on Nominations” for further explanation.
102
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for
inspector general position), and Select Committee on Intelligence.
103
Although not guaranteed, the two most recent Assistant Secretaries—African Affairs also held the advice and
consent part-time position as a member of the Board of Directors of the African Development Foundation.
104
The chief financial officer (CFO) 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 other
positions (31 U.S.C. §901(a)(1)). With regard to State Department appointments, since 2001 through the 110th
Congress, the same individual had been separately and simultaneously nominated for, and confirmed to, the positions
of CFO and Assistant Secretary for Resource Management. In 2011, this office was renamed the Bureau of Budget and
Planning.
105
Nomination must be made and confirmed for both positions.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs
Ambassador-at-Large—Coordinator—Counterterrorism
Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons
Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization
Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service
*Chief Financial Officer106
Inspector General107
Legal Adviser
Chief of Protocol108
Ambassadors
Foreign Service Officers (numerous commissions and promotions)
U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission—United Nations
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations
U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the
International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other
United Nations Bodies—numerous positions (terms of office depends on length of session)
106
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
107
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
108
According to the State Department, “Since 1961, the Chief of Protocol has been commissioned an Ambassador,
requiring the President’s nominee to be confirmed by the Senate.” Quote from the State Department website, available
at http://www.state.gov/s/cpr/c15634.htm.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
U.S. Agency for International Development109
Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa
Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia
Assistant Administrator—Food Safety
Assistant Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance
Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General110
European Bank for Reconstruction and Development
U.S. Executive Director
International Broadcasting Bureau, Broadcasting Board of Governors
Director
International Joint Commission, United States and Canada
Commissioner—three positions
International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)
Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as
U.S. Executive Director for the Inter-American Investment Corporation.)
U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also
serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)
U.S. Trade and Development Agency
Director
109
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
110
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Organizations with Full- and Part-Time Positions111
African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)
Asian Development Bank
U.S. Executive Director (full-time)
Governor and Alternate Governor (part-time)
International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S.
Executive Director for the International Finance Corporation and the International Development
Association.)
U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves
as U.S. Alternate Executive Director for the International Finance Corporation and the
International Development Association.)
Governor (same individual as the International Monetary Fund Governor; five-year term of
office; part-time—The incumbent also serves as Governor for the International Finance
Corporation and the International Development Association.)
Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate
Governor for the International Finance Corporation and the International Development
Association.)
Millennium Challenge Corporation
Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of
office)
Overseas Private Investment Corporation
President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—eight (of 15 total) positions (part-time; three-year terms of office)
Peace Corps
Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance
required; two-year terms of office)
111
Because several organizations under this committee have both full- and part-time advice and consent positions, they
were listed under this heading for succinctness.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Part-Time Positions
Advisory Board for Cuba Broadcasting (political balance required)112
*Member—eight positions (three-year terms of office)
African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)113
African Development Fund
Governor and Alternate Governor
Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)
Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)
U.S. Advisory Commission on Public Diplomacy114 (political balance required)
*Commissioner—seven positions (three-year terms of office)
112
The Office of the Assistant to the President for Legislative Affairs at the White House has confirmed that there has
not been a nomination to the Board since a nomination in January 2005 that was subsequently confirmed by the Senate
in June 2005.
113
Although not guaranteed, the two most recent Assistant Secretaries—African Affairs also held the advice and
consent part-time position as a member of the Board of Directors of the African Development Foundation.
114
Nominations to these positions are processed by the State Department. (Communication with State Department
official, July 2, 2007.)
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Health, Education, Labor, and
Pensions
Full-Time Positions
Department of Education115
Secretary
Deputy Secretary
Under Secretary
Assistant Secretary—Civil Rights
Assistant Secretary—Communications and Outreach
Assistant Secretary—Elementary and Secondary Education
*Assistant Secretary—Legislation and Congressional Affairs
Assistant Secretary—Planning, Evaluation and Policy Development
Assistant Secretary—Postsecondary Education
Assistant Secretary—Special Education and Rehabilitative Services
Assistant Secretary—Vocational and Adult Education
*Chief Financial Officer116
*Commissioner—Rehabilitation Services Administration
Director—Institute of Education Sciences (six-year term of office)
General Counsel
Inspector General117
Department of Health and Human Services118
Administrator—Substance Abuse and Mental Health Services Administration
Assistant Secretary—Aging
Assistant Secretary—Health
*Assistant Secretary—Legislation
Assistant Secretary—Preparedness and Response
*Commissioner—Administration for Children, Youth, Families
Commissioner—Food and Drugs
Director—National Institutes of Health
Surgeon General (four-year term of office)
Public Health Service—Officer Corps
115
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
This chief financial officer (CFO) is one of the positions covered by the Chief Financial Officers Act of 1990 (P.L.
101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the
Senate, or through designation by the President from among agency officials who have been confirmed by the Senate
for other positions (31 U.S.C. §901(a)(1)).
117
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
118
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and
Governmental Affairs (for inspector general position), and Committee on Indian Affairs.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
116
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Department of Labor119
Secretary
Deputy Secretary
*Assistant Secretary—Congressional and Intergovernmental Affairs
Assistant Secretary—Disability Employment Policy
Assistant Secretary—Employee Benefits Security Administration
Assistant Secretary—Employment and Training Administration
Assistant Secretary—Mine Safety and Health Administration
Assistant Secretary—Occupational Safety and Health Administration
Assistant Secretary—Policy
Assistant Secretary—Veterans’ Employment and Training Service120
Administrator—Wage and Hour Division
Commissioner—Bureau of Labor Statistics
*Chief Financial Officer121
Inspector General122
Solicitor
Corporation for National and Community Service123
Chief Executive Officer
Inspector General124
Equal Employment Opportunity Commission (political balance required)
Commissioner—five positions (five-year terms of office)
General Counsel (four-year term of office)
Federal Mediation and Conciliation Service
Director
Federal Mine Safety and Health Review Commission
Commissioner—five positions (six-year terms of office)
119
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for
inspector general position) and Committee on Veterans’ Affairs.
120
Nominations to this position are jointly referred to the Committee on Health, Education, Labor, and Pensions and
the Committee on Veterans’ Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill Frist,
“Joint Referral,” remarks in the Senate, Congressional Record, vol. 151, part 8, May 24, 2005, p. 10958.
121
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
122
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
123
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
124
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
National Foundation on the Arts and the Humanities
National Endowment for the Arts—Chair (four-year term of office)
National Endowment for the Humanities—Chair (four-year term of office)
Institute of Museum and Library Services—Director (four-year term of office)
National Labor Relations Board (Political balance is not required, but, by tradition, no more
than three members are from the same party.)
Member—five positions (five-year terms of office)
General Counsel (four-year term of office)
National Mediation Board (political balance required)
Member—three positions (three-year terms of office)
National Science Board
Member—twenty-four positions (six-year terms of office)
National Science Foundation
Director (six-year term of office)
Deputy Director
Occupational Safety and Health Review Commission
Member—three positions (six-year terms of office)
Pension Benefit Guaranty Corporation
Director125
Railroad Retirement Board126
Member—three positions (five-year terms of office—Chair must be confirmed as both a member
and as chair.)
Inspector General127
125
The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are
made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280,
§411; 120 Stat. 935). The act provides that “[t]he Committee on Finance of the Senate and the Committee on Health,
Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated
by the President to fill [this position], and if one committee votes to order and report such a nomination, the other shall
report within 30 calendar days, or be automatically discharged” (P.L. 109-280, §411(c)(1); 120 Stat. 935). The act also
provides that the executive director at the time of enactment, “or any other individual, may serve as interim Director ...
until an individual is appointed as Director” under the advice and consent process (P.L. 109-280, §411(d); 120 Stat.
936). The first nomination to this position was received by the Senate on May 3, 2007, and was referred as specified by
law to the Senate Committees on Finance; and Health, Education, Labor, and Pensions.
126
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
127
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Part-Time Positions
Barry Goldwater Scholarship and Excellence in Education Foundation, Board of Trustees
(political balance required)
*Member—eight (of 13 total) positions (six-year terms of office)
Corporation for National and Community Service, Board of Directors (political balance
required)
*Member—15 positions (five-year terms of office)
Harry S. Truman Scholarship Foundation, Board of Trustees (political balance required)
*Member—eight (of 13 total) positions (six-year terms of office)
James Madison Memorial Fellowship Foundation, Board of Trustees (political balance
required)
*Member—six (of 13 total) positions (six-year terms of office)
Legal Services Corporation Board of Directors (political balance required)
*Member—11 positions (three-year terms of office)
National Foundation on the Arts and the Humanities
National Council on the Arts
*Member—18 positions (of 25 total) positions (six-year terms of office)
National Council on the Humanities
*Member—26 positions (of 27 total) positions (six-year terms of office)
United States Institute of Peace, Board of Directors (political balance required)
*Chairman
*Vice Chairman
*Member—10 (of 15 total) positions (four-year terms of office)128
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Homeland Security and
Governmental Affairs
Full-Time Positions
Department of Commerce129
Director—Bureau of the Census (five-year term of office)130
Department of Homeland Security131
Secretary
Deputy Secretary
Under Secretary—Management
Under Secretary—National Protection and Programs132
Assistant Secretary—Policy
Assistant Secretary—U.S. Immigration and Customs Enforcement133
Assistant Secretary/Administrator—Transportation Security Administration134
Administrator—Federal Emergency Management Agency (FEMA)
Deputy Administrator—FEMA
Deputy Administrator—Protection and National Preparedness (FEMA)
*Chief Financial Officer135
General Counsel
Inspector General
129
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee
on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Finance;
and Committee on the Judiciary.
130
S. 679 (112th Congress) changed the term for the Director of the Bureau of the Census to a five-year term beginning
in 2012, with a two-term limit.
131
For other positions within the department, see also Committee on Commerce, Science, and Transportation;
Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security
Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the
Senate (6 U.S.C. §113).
132
It could be argued that the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295)
abolished this position. For more information on this argument, see CRS Report RL33729, Federal Emergency
Management Policy Changes After Hurricane Katrina: A Summary of Statutory Provisions, coordinated by Keith Bea.
Notwithstanding this argument, the President submitted a nomination to this position on September 4, 2007; the
nomination was referred to this committee then subsequently withdrawn by the President on December 19, 2007. On
April 4, 2009, the President nominated Rand Beers to this position. He was subsequently confirmed by this committee
on June 19, 2009.
133
Nominees to this position are referred to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary pursuant to unanimous consent agreement of October 7, 2005. (Sen. Ted Stevens,
“Sequential Referral of Nomination,” remarks in the Senate, Congressional Record, vol. 151, October 7, 2005, p.
22639.) Within DHS this position is known as Director—U.S. Immigration and Customs Enforcement.
134
Nominations to this position are referred sequentially to the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs.
135
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Court Services and Offender Supervision Agency to the District of Columbia
Director (six-year term of office)
District of Columbia Court of Appeals (15-year terms of office)
Chief Judge
Associate Judges—8 positions
District of Columbia Superior Court (15-year terms of office)
Chief Judge
Associate Judges—sixty-one positions136
Superior Court of the District of Columbia (four-year terms of office)
United States Marshal137
Federal Labor Relations Authority (political balance required) Members—three positions
(five-year terms of office)
General Counsel (five-year term of office)
General Accountability Office
Comptroller General (15-year term of office)
Deputy Comptroller General138
General Services Administration
Administrator
Inspector General
Merit Systems Protection Board (political balance required)
Member—three positions (seven-year terms of office—Chair must be confirmed as both a
member and as chair.)
National Archives and Records Administration
Archivist
Office of the Director of National Intelligence (ODNI)
Inspector General of the Intelligence Community139
136
The number of judges was changed from 59 (58 associate judges and one chief judge) to 62 (61 associate judges and
one chief judge) by P.L. 108-207 (March 16, 2004).
137
Title 28 U.S.C. §561(c) provides for the president to appoint a United States marshal for each judicial district of the
United States and for the Superior Court of the District of Columbia. The nomination for the U.S. Marshal for the
Superior Court of the District of Columbia is under the jurisdiction of the Senate Committee on Homeland Security and
Governmental Affairs whereas the nominations for all other marshals are under the jurisdiction of the Senate
Committee on the Judiciary.
138
The term of the Deputy Comptroller General expires upon the appointment of a new Comptroller General, or when a
successor is appointed (31 U.S.C. §703(b)). No one has been nominated to this office for at least 25 years.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
139
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on
Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009,
Congressional Record, vol. 155, part 1, p. 242.
Congressional Research Service
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Presidential Appointee Positions Requiring Senate Confirmation
Office of Government Ethics
Director (five-year term of office)
Office of Management and Budget (Executive Office of the President)
Director140
Deputy Director141
Deputy Director—Management
Administrator—Office of Federal Procurement Policy
Administrator—Office of Information and Regulatory Affairs
*Controller—Office of Federal Financial Management
Office of Personnel Management
Director (four-year term of office)
Deputy Director
Inspector General
Office of Special Counsel
Special Counsel (five-year term of office)
Postal Regulatory Commission (political balance required)
Commissioner—five positions (six-year terms of office)
Most Other Inspectors General142
Part-Time Positions
Federal Retirement Thrift Investment Board
*Member—five positions (four-year terms of office)
Special Panel on Appeals
Chair (six-year term of office)
United States Postal Service Board of Governors (political balance required)
Governor—nine positions (nine-year terms of office)
140
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: “The
Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint
jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy
Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a
nomination, the other must report within 30 calendar days session, or be automatically discharged” (§101(e)).
Nominations to the positions of Director and Deputy Director of the Office of Management and Budget have been
jointly referred to the two committees since the 109th Congress.
141
Ibid.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
142
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Indian Affairs
Full-Time Positions
Department of Health and Human Services143
Director—Indian Health Service (four-year term of office)
*Commissioner—Administration for Native Americans
Department of the Interior144
Assistant Secretary—Indian Affairs
Chair—National Indian Gaming Commission (three-year term of office)
Special Trustee—American Indians
143
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and
Governmental Affairs (for inspector general position), and Committee on Health, Education, Labor, and Pensions.
144
For other positions within the department, see also Committee on Energy and Natural Resources, Committee on
Environment and Public Works, and Committee on Homeland Security and Governmental Affairs (for inspector
general position).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See p. 3 for further
explanation.
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Select Committee on Intelligence
Full-Time Positions
Department of Homeland Security
Under Secretary for Intelligence and Analysis
Department of Justice
Assistant Attorney General—National Security Division145
Department of State
Assistant Secretary—Intelligence and Research146
Department of the Treasury
Assistant Secretary—Intelligence and Analysis
Central Intelligence Agency
Director
General Counsel
Inspector General
Office of the Director of National Intelligence (ODNI)
Director
Principal Deputy Director
Director—National Counterterrorism Center
General Counsel
Chief Information Officer
Inspector General of the Intelligence Community 147
145
Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee
on Intelligence pursuant to Section 17(b)(1) of S.Res. 400 of the 94th Congress (as amended by §506(d) of P.L. 109-177
(March 9, 2006)). The applicable portion of the provision reads, “With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor position, the nomination of any individual by the President to
serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is
in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the
nomination.”
146
Nominees to this position were initially referred to the Committee on Foreign Relations. The Senate agreed, by
unanimous consent, that nominations for Assistant Secretary of State—Intelligence and Research be discharged from
the Committee on Foreign Relations and that they be referred to the Committee on Intelligence. Sen. Mitch McConnell,
“Referral of Discharged Nomination,” remarks in the Senate, Congressional Record, vol. 152, part 8, June 14, 2006, p.
11186.
147
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on
Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009,
Congressional Record, vol. 155, part 1, p. 242.
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on the Judiciary
Full-Time Positions
Department of Commerce148
Under Secretary—Intellectual Property/Director—U.S. Patent and Trademark Office
Department of Homeland Security149
Assistant Secretary—U.S. Immigration and Customs Enforcement150
Director—U.S. Citizenship and Immigration Services
Department of Justice151
Attorney General
Deputy Attorney General
Associate Attorney General
Assistant Attorney General—Antitrust Division
Assistant Attorney General—Civil Division
Assistant Attorney General—Civil Rights Division
Assistant Attorney General—Criminal Division
Assistant Attorney General—Environment and Natural Resources Division
*Assistant Attorney General—Legislative Affairs
Assistant Attorney General—National Security Division152
Assistant Attorney General—Office of Justice Programs
Assistant Attorney General—Office of Legal Counsel
Assistant Attorney General—Office of Legal Policy
148
See also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works;
Committee on Finance; and Committee on Homeland Security and Governmental Affairs.
149
For other positions within the department, see also Committee on Commerce, Science, and Transportation;
Committee on Finance; and Committee on Homeland Security and Governmental Affairs. The Homeland Security Act
authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the
Senate (6 U.S.C. §113).
150
Nominees to this position are referred to the Committee on the Judiciary and the Committee on Homeland Security
and Governmental Affairs pursuant to unanimous consent agreement of October 7, 2005. (Sen. Ted Stevens,
“Sequential Referral of Nomination,” remarks in the Senate, Congressional Record, vol. 151, part 17, October 7, 2005,
p. 22639.) Within DHS this position is known as Director—U.S. Immigration and Customs Enforcement.
151
Although the Department of Justice is included in the statute that provides presidentially appointed and Senateconfirmed chief financial officers for all of the major executive branch agencies (31 U.S.C. §901(a)(1)), this provision
is superseded by 28 U.S.C. §507. The latter section provides that the Assistant Attorney General for Administration,
appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice.
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
152
Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee
on Intelligence pursuant to Section 17(b)(1) of S.Res. 400 of the 94th Congress (as amended by §506(d) of P.L. 109-177
(March 9, 2006)). The applicable portion of the provision reads, “With respect to the confirmation of the Assistant
Attorney General for National Security, or any successor position, the nomination of any individual by the President to
serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select
Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is
in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the
nomination.”
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
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Presidential Appointee Positions Requiring Senate Confirmation
Assistant Attorney General—Tax Division
Administrator—Drug Enforcement Administration
Deputy Administrator—Drug Enforcement Administration
Director—Bureau of Alcohol, Tobacco, Firearms and Explosives
Director—Community Relations Service (four-year term of office)
Director—Federal Bureau of Investigation (10-year term of office)
Director—Office on Violence Against Women
Director—U.S. Marshals Service
Inspector General153
Solicitor General
Special Counsel—Immigration-Related Unfair Employment Practices (four-year term of office)
U.S. Attorney—93 positions (four-year terms of office)
U.S. Marshal—93 positions (four-year terms of office)154
Foreign Claims Settlement Commission
Chair—(three-year term of office; nominated from among commissioner members—See
additional listing under part-time positions below.)
Office of National Drug Control Policy (Executive Office of the President)155
Director
Privacy and Civil Liberties Oversight Board156
Member—five positions (six-year term of office)
United States Circuit Court
Judges—179 positions (life tenure)
United States Court of Federal Claims
Judges—16 positions (15-year terms of office)
United States Court of International Trade (life tenure)
Judges—nine positions (political balance required)
United States District Courts157
Judges—677 positions (most are life tenure—These include four judges in three territorial courts,
who are appointed to 10-year terms of office.)
153
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
154
Although the President may appoint separate U.S. attorneys and U.S. marshals for the District of Guam and the
District of the Commonwealth of the Northern Mariana Islands (CNMI), this has never been done. One U.S. marshal
and one U.S. attorney serve both Guam and the CNMI. See 48 U.S.C. §1821(b)(3-4).
155
See also Committee on Health, Education, Labor, and Pensions for one other position within the agency.
156
Established under Section 1061 of the Intelligence and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), P.L.
108-458 / 118 Stat. 3638. Positions include a chair, vice chair, and three additional members.
157
The 677 district court judgeships consist of 663 permanent judgeships, 10 temporary judgeships, and four territorial
court judgeships. In the districts with the 10 temporary judgeships, the seat lapses with the departure of a judge from
that district at some particular time specified in statute unless Congress enacts legislation to extend the temporary
judgeship or convert it to a permanent judgeship. A temporary judgeship in the Northern District of Ohio lapsed in
(continued...)
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Presidential Appointee Positions Requiring Senate Confirmation
United States Parole Commission158
Member—five positions (six-year term of office)
United States Sentencing Commission
Chair—(six-year term of office; nominated from among commission members.)159
Vice Chair—three positions (six-year terms of office; designated from among commission
members.)
United States Supreme Court
Chief Justice—(life tenure)
Associate Justices—eight positions (life tenure)
Part-Time Positions
Foreign Claims Settlements Commission
*Member—three positions (three-year terms of office—One person is nominated to be the fulltime chair of the commission along with two part-time members (22 U.S.C. 1622c(b)).
State Justice Institute, Board of Directors (political balance required)
*Director—11 positions (three-year terms of office, 42 U.S.C. 10708(a)(1)(c)).
United States Sentencing Commission (political balance required)
Commissioner—three positions (six-year terms of office)160
(...continued)
December 27, 2010.
158
The President may designate one sitting member to be the chairman.
159
There are seven voting members appointed through the advice and consent process. The chair and three vice chairs
are full-time positions per 28 U.S.C. 992. The other three positions are part-time positions as described in 28 U.S.C.
992(c).
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
160
Three commissioners serve part-time as described in 28 U.S.C. 992(c). The other three members of the Commission
are the chair and three vice chairs who serve full-time per 28 U.S.C. 992.
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Rules and Administration
Full-Time Positions
Architect of the Capitol
Architect
Election Assistance Commission (political balance required)
Commissioner—four positions (four-year terms of office)
Federal Election Commission (political balance required)
Commissioners—six positions (six-year terms of office)
Government Printing Office
Public Printer
Library of Congress
Librarian
Senate Committee on Small Business and
Entrepreneurship
Full-Time Positions
Small Business Administration161
Administrator
Deputy Administrator
Chief Counsel for Advocacy
Inspector General162
161
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
162
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Presidential Appointee Positions Requiring Senate Confirmation
Senate Committee on Veterans’ Affairs
Full-Time Positions
Department of Labor163
Assistant Secretary—Veterans’ Employment and Training Service164
Department of Veterans Affairs165
Secretary
Deputy Secretary
Under Secretary—Benefits (four-year term of office)
Under Secretary—Health (four-year term of office)
Under Secretary—Memorial Affairs
*Assistant Secretary—Congressional and Legislative Affairs
Assistant Secretary—Information and Technology
Assistant Secretary—Policy and Planning
Chair—Board of Veterans’ Appeals (six-year term of office)
*Chief Financial Officer166
General Counsel
Inspector General167
United States Court of Appeals for Veterans Claims
Judge—37 positions (15-year terms of office)
163
For other positions in this department, see also Committee on Homeland Security and Governmental Affairs (for
inspector general position) and Committee on Health, Education, Labor, and Pensions.
164
Nominations to this position are referred jointly to the Committee on Health, Education, Labor, and Pensions and
the Committee on Veterans’ Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill Frist,
“Joint Referral,” remarks in the Senate, Congressional Record, vol. 151, part 8, May 24, 2005, p. 10958.
165
See also Committee on Homeland Security and Governmental Affairs (for inspector general position).
166
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990
(P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of
the Senate, or through designation by the President from among agency officials who have been confirmed by the
Senate for other positions (31 U.S.C. §901(a)(1)).
167
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant
jurisdiction over the particular IG’s agency and then the Committee on Homeland Security and Governmental Affairs.
For more information, see footnote 7.
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See “112th Congress
Standing Order on Nominations” for further explanation.
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Appendix. Presidential Appointee Positions That
No Longer Require Senate Confirmation Per P.L.
112-166, the Presidential Appointment Efficiency
and Streamlining Act of 2011
Table A-1. Positions That No Longer Require Senate Confirmation
Per P.L. 112-166
(positions listed by Senate Committee of Jurisdiction)
Agriculture, Nutrition and Forestry
Assistant Secretary for Administration, Department of
Agriculture
Rural Utilities Service Administrator, Department of Agriculture
Directors (7), Commodity Credit Corporation
Armed Services
Members (6), National Security Education Board
Director, Selective Service
Banking, Housing and Urban Affairs
Administrator, Community Development Financial
Institution Fund, Department of the Treasury
Assistant Secretary for Public Affairs, Department of Housing
and Urban Development
Members (2), Council of Economic Advisers
Commerce, Science, and Transportationa
Deputy Administrator, Federal Aviation Administration
Chief Scientist, National Oceanic and Atmospheric
Administration
Assistant Secretary for Administration, Department of
Transportationb
Assistant Secretary for Budget and Programs, Department of
Transportationc
Administrator, St. Lawrence Seaway Development
Corporation
Environment and Public Works
Alternate Federal Co-Chairman, Appalachian Regional
Commission
Commissioners (7), Mississippi River Corporation
Finance
Assistant Secretary for Public Affairs, Department of
Treasury
Treasurer of the United States
Assistant Secretary for Management, Department of
Treasuryd
Foreign Relations
Assistant Secretary for Public Affairs, Department of State
Assistant Administrator for Management, U.S. Agency for
International Development
Assistant Secretary for Administration, Department of
State
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Health, Education, Labor and Pensionse
Assistant Secretary for Management, Department of
Education
Assistant Secretary for Public Affairs, Department of Labor
Commissioner, Education Statistics, Department of
Education
Members (15), National Council on Disability
Assistant Secretary for Public Affairs, Department of
Health and Human Services
Members (24), National Science Foundation
Managing Directors (2), Corporation for National and
Community Service
Members (15), National Board of Education Sciences
Assistant Secretary for Administration and Management,
Department of Labor
Members (10), National Institute for Literacy Advisory Board
Director of the Women’s Bureau, Department of Labor
Members (20), National Museum and Library Services Board,
National Foundation of the Arts and Humanities
Homeland Security and Governmental Affairs
Director, Office of Counternarcotics Enforcement,
Department of Homeland Security
Chief Medical Officer, Department of Homeland Security
Director, Office for Domestic Preparedness, Federal
Emergency Management Administration, Department of
Homeland Security
Administrator, U.S. Fire Administration, Department of
Homeland Security
Assistant Secretary for Health Affairs, Department of
Homeland Security
Assistant Secretary for Legislative Affairs, Department of
Homeland Security
Assistant Administrator for Grant Programs, Federal
Emergency Management Administration, Department of
Homeland Security
Assistant Secretary for Public Affairs, Department of Homeland
Security
Indian Affairs
Commissioner, Office of Navajo and Hopi Indian
Relocation
Members (13), Board of Trustees, Institute of American Indian
and Alaska Native Culture and Arts Development
Judiciary
Director, Bureau of Justice Statistics, Department of
Justice
Deputy Director, Office of National Drug Control Policy,
Executive Office of the President
Director, Bureau of Justice Assistance, Department of
Justice
Deputy Director, Demand Reduction, Office of National Drug
Control Policy, Executive Office of the President
Director, National Institute of Justice, Department of
Justice
Deputy Director, Supply Reduction, Office of National Drug
Control Policy, Executive Office of the President
Director, Office for Victims of Crime, Department of
Justice
Deputy Director, State, Local, and Tribal Affairs, Office of
National Drug Control Policy, Executive Office of the President
Administrator, Office of Juvenile Justice and Delinquency
Prevention, Department of Justice
Veterans’ Affairs
Assistant Secretary for Management, Department of
Veterans Affairs
Assistant Secretary for Operations, Security, and Preparedness,
Department of Veterans Affairs
Assistant Secretary for Human Resources and
Administration, Department of Veterans Affairs
Assistant Secretary for Public and Intergovernmental Affairs,
Department of Veterans Affairs
Source: Congressional Research Service, based upon the lists provided in the Congressional Record upon
introduction of S. 679 (Congressional Record, vol. 157, part 44 (March 30, 2011), pp. 1985-1990). Changes made in
committee markup were identified through Congressional Quarterly and are available at http://www.cq.com/pdf/
3852080. Committee jurisdiction was determined based upon the list provided in the Congressional Record upon
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the bill’s introduction, as well as examination of past referrals of nominations in the Legislative Information
System’s nominations database. See also CRS Report R41872, Presidential Appointments, the Senate’s Confirmation
Process, and Changes Made in the 112th Congress, by Maeve P. Carey, in which this table first appeared.
Notes: In addition to eliminating advice and consent requirements for the positions listed here, P.L. 112-166
also makes some other changes. In the Department of Defense, the authorized number of Assistant Secretaries
is reduced from 16 to 14. The two that would be eliminated in accordance with that reduction would be the
Assistant Secretary of Defense for Networks and Information Integration and the Assistant Secretary of Defense
for Public Affairs. Within 180 days of the enactment of P.L. 112-166, the Secretary of Defense is required to
report to the appropriate congressional committees his plan for establishing positions that would fulfill the
functions of those two Assistant Secretary positions, but they could not be subject to Senate confirmation or at
the Assistant Secretary level. Another change made by the passage of P.L. 112-166 is that the Director of the
Bureau of the Census would have a five-year term, beginning in 2012, with a two-term limit. Additionally, for the
positions of Governor and Alternate Governor for the African Development Bank, Asian Development Bank,
and African Development Fund, the President can nominate an individual with the advice and consent of the
Senate, or he can designate an individual to fill those positions from among individuals serving in positions that
are already, independently, subject to advice and consent of the Senate.
a.
An additional 319 National Oceanic and Atmospheric Administration Officer Corps positions are typically
referred to the Committee on Commerce, Science, and Transportation. These are included in P.L. 112-166
and will no longer be considered by the Senate. Nominations for the NOAA Officer Corps are sometimes
considered en bloc, or in a list that receives a single vote.
b.
P.L. 112-166 requires the Assistant Secretary for Administration to be appointed by the Secretary with the
approval of the President.
c.
It appears that the Assistant Secretary for Budget and Programs also serves as the CFO in the Department
of Transportation. P.L. 112-166 eliminates the advice and consent requirement for the Assistant Secretary
position, but the CFO position will still require advice and consent. The CFO position for Transportation is
included in P.L. 112-166.
d.
It appears that the Assistant Secretary for Management also serves as the CFO in the Department of the
Treasury. P.L. 112-166 eliminates the advice and consent requirement for the Assistant Secretary position,
but the CFO position will still require advice and consent. The CFO position for Treasury is included in
P.L. 112-166.
e.
The advice and consent requirements for an additional 2,536 Public Health Services Officer Corps positions
have been eliminated as well by P.L. 112-166. These nominations are typically non-controversial and are
considered by the Senate en bloc, with the Senate considering a large number of nominees and casting a
single vote for the entire list. The list may include dozens or even hundreds of nominees.
Author Contact Information
Christopher M. Davis
Analyst on Congress and the Legislative Process
cmdavis@crs.loc.gov, 7-0656
Jerry W. Mansfield
Information Research Specialist
Acknowledgment
This report was originally authored by Henry B. Hogue, analyst in American National Government, and
Maureen Bearden, information research specialist. The listed authors would like to acknowledge the
assistance that CRS colleagues Maureen Bearden, Maeve P. Carey, and Henry B. Hogue provided during
the updating of this report.
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