Presidential Appointments to Full-Time Positions in Executive Departments During the 111th Congress, 2009-2010

July 15, 2014 (R43638)

Contents

Tables

Appendixes

Summary

This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (also referred to as PAS positions). It also identifies, for the 111th Congress, all nominations to full-time positions requiring Senate confirmation in the 15 executive departments. It excludes appointments to regulatory boards and commissions and independent and other agencies, which are covered in other CRS reports.

The appointment process for advice and consent positions consists of three main stages. The first stage is selection, clearance, and nomination by the President. This step includes preliminary vetting, background checks, and ethics checks of potential nominees. At this stage, if the position is located within a state, the President may also consult with Senators who are from his party. The second stage of the process is consideration of the nomination in the Senate, most of which takes place in committee. Finally, if a nomination is approved by the Senate, the President may then present the nominee with a signed commission, making the appointment official.

During the 111th Congress, the President submitted to the Senate 347 nominations to executive department full-time positions. Of these 347 nominations, 293 were confirmed; 16 were withdrawn; and 38 were returned to him in accordance with Senate rules. For those nominations that were confirmed, an average of 73.2 days elapsed between nomination and confirmation. The median number of days elapsed was 52.0.

The President made 10 recess appointments to full-time positions in executive departments during the 111th Congress.

Information for this report was compiled from data from the Senate nominations database of the Legislative Information System (LIS) http://www.congress.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2008 "Plum Book" (United States Government Policy and Supporting Positions).

This report will not be updated.


Presidential Appointments to Full-Time Positions in Executive Departments During the 111th Congress, 2009-2010

Introduction

This report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). It also identifies, for the 111th Congress, all nominations to executive-level full-time positions1 in the 15 executive departments.2 It excludes appointments to regulatory boards and commissions and independent and other agencies, which are covered in other CRS reports.3

A profile of each agency tracks the appointments to positions within the agency, providing information on Senate activity (confirmations, rejections, returns to the President, and elapsed time between nominations and confirmation) as well as further related presidential activity (including withdrawals and recess appointments). The profiles also identify, for each agency, the executive-level positions in the agency requiring Senate confirmation, the incumbents in those positions as of the end of the 111th Congress, and the pay levels of those officials.

The Appointment Process for Advice and Consent Positions

The Constitution (Article II, Section 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States, as well as some subordinate officers.4 Officers of the United States are those individuals serving in high-ranking positions that have been established by Congress and "exercising significant authority pursuant to the laws of the United States" (emphasis added).5

Three distinct stages mark the appointment process: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President.

Selection, Clearance, and Nomination6

In the first stage, the White House selects and clears a prospective appointee before sending a formal nomination to the Senate. There are a number of steps in this stage of the process for most Senate-confirmed positions. First, with the assistance of, and preliminary vetting by, the White House Office of Presidential Personnel, the President selects a candidate for the position. Members of Congress and interest groups sometimes recommend candidates for specific PAS positions. They may offer their suggestions by letter, for example, or by contact with a White House liaison.7 In general, the White House is under no obligation to follow such recommendations. In the case of the Senate, however, it has been argued that Senators are constitutionally entitled, by virtue of the advice and consent clause noted above, to provide advice to the President regarding his selection; the extent of this entitlement is a matter of some debate.8 As a practical matter, in instances where Senators perceive insufficient pre-nomination consultation has occurred, they have sometimes exercised their procedural prerogatives to delay or even effectively block consideration of a nomination.9

During the clearance process, the candidate prepares and submits several forms, including the "Public Financial Disclosure Report" (Office of Government Ethics (OGE) 278), the "Questionnaire for National Security Positions" (Standard Form (SF) 86), a supplement to SF 86 ("86 Supplement"), and sometimes a White House Personal Data Statement.10 The vetting process often includes a background investigation conducted by the Federal Bureau of Investigation (FBI), which prepares a report that is delivered to the White House. It also includes a review of financial disclosure materials by OGE and an ethics official for the agency to which the candidate is to be nominated. If conflicts of interest are found during the background investigation, OGE and the agency ethics officer may work with the candidate to mitigate the conflicts. At the completion of the vetting process, the nomination is ready to be submitted to the Senate.

The selection and clearance stage has often been the longest part of the appointment process. There have been, at times, lengthy delays, particularly when many candidates have been processed simultaneously, such as at the beginning of an Administration, or where conflicts needed to be resolved. Candidates for higher-level positions have often been accorded priority in this process. At the end of 2004, in an effort to reduce the elapsed time between a new President's inauguration and the appointment of his or her national security team, Congress enacted amendments to the Presidential Transition Act of 1963.11 These amendments encourage a President-elect to submit, for security clearance, potential nominees to high-level national security positions as soon as possible after the election.12 A separate provision of law, enacted as part of the Federal Vacancies Reform Act of 1998, lengthens, during presidential transitions, the potential duration of a temporary appointment by 90 days.13

For a position located within a state (e.g., U.S. attorney, U.S. marshal, and U.S. district judge), the President, by custom, frequently has nominated an individual recommended by one or both Senators from that state (if they are from the same party as the President). In instances where neither Senator is from the President's party, he usually has deferred to the recommendations of party leaders from the state. Occasionally, the President has solicited recommendations from Senators of the opposition party because of their positions in the Senate.14

If circumstances permit and conditions are met, the President could give the nominee a recess appointment to the position (see section entitled "Recess Appointments" below). Recess appointments have sometimes had political consequences, however, particularly where Senators perceived that such an appointment was an effort to circumvent their constitutional role. Some Senate-confirmed positions, including many of those in the executive departments, may also be temporarily filled under the Vacancies Act.15

A nominee has no legal authority to assume the duties and responsibilities of the position; a nominee who is hired by the agency as a consultant while awaiting confirmation may serve only in an advisory capacity. Authority to act comes once there is Senate confirmation and presidential appointment, or if another method of appointment, such as a recess appointment or a temporary appointment, is utilized.

Senate Consideration

In the second stage, the Senate alone determines whether or not to confirm a nomination.16 The way the Senate has acted on a nomination has depended largely on the importance of the position involved, existing political circumstances, and policy implications. Generally, the Senate has shown particular interest in the nominee's views and how they are likely to affect public policy.17 Two other factors have sometimes affected the examination of a nominee's personal and professional qualities: whether the President's party controlled the Senate, and the degree to which the President became involved in supporting the nomination.

Much of the Senate confirmation process occurs at the committee level. Administratively, nominations are received by the Senate executive clerk, who arranges for the referral of the nominations to committee, according to the Senate rules and precedents.18 Committee nomination activity has generally included investigation, hearing, and reporting stages. As part of investigatory work, committees have drawn on information provided by the White House, as well as information they themselves have collected. Some committees have held hearings on nearly all nominations; others have held hearings for only some. Hearings provide a public forum to discuss a nomination and any issues related to the program or agency for which the nominee would be responsible. Even where confirmation has been thought to be a virtual certainty, hearings have provided Senators and the nominee with opportunities to go on the record with particular views or commitments. Senators have used hearings to explore nominees' qualifications, articulate policy perspectives, or raise related oversight issues.

A committee may decline to act on a nomination at any point—upon referral, after investigation, or after a hearing. If the committee votes to report a nomination to the full Senate, it has three options: it may report the nomination favorably, unfavorably, or without recommendation. A failure to obtain a majority on the motion to report means the nomination will not be reported to the Senate.19 If the committee declines to report a nomination, the Senate may, under certain circumstances, discharge the committee from further consideration of the nomination in order to bring it to the floor.20

The Senate historically has confirmed most, but not all, executive nominations. Rarely, however, has a vote to confirm a nomination failed on the Senate floor.21 Unsuccessful nominations usually do not make it past the committee stage. Failure of a nomination to make it out of committee has occurred for a variety of reasons, including opposition to the nomination, inadequate amount of time for consideration of the nomination, or factors that may not be directly related to the merits of the nomination.

Senate rules provide that "nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President…"22 In practice, such pending nominations have been returned to the President at the end of the session or Congress. Pending nominations also may be returned automatically to the President at the beginning of a recess of more than 30 days, but the Senate rule providing for this return is often waived.23

Appointment

In the final stage, the confirmed nominee is given a commission bearing the Great Seal of the United States and signed by the President and is sworn into office. The President may sign the commission at any time after confirmation, at which point the appointment becomes official. Once the appointee is given the commission and sworn in, he or she has full authority to carry out the responsibilities of the office.

Recess Appointments

The Constitution also empowers the President to make limited-term appointments without Senate confirmation when the Senate is in recess, either during a session (intrasession recess appointment) or between sessions (intersession recess appointment).24 Such recess appointments expire at the end of the next session of the Senate.

Presidents have occasionally used the recess appointment power to circumvent the confirmation process. In response, Congress has enacted provisions that restrict the pay of recess appointees under certain circumstances. Because most potential appointees to full-time positions cannot serve without a salary, the President has an incentive to use his recess appointment authority in ways that allow them to be paid. Under the provisions, if the position falls vacant while the Senate is in session and the President fills it by recess appointment, the appointee may not be paid from the Treasury until he or she is confirmed by the Senate. However, the salary prohibition does not apply

(1) if the vacancy arose within 30 days before the end of the session of the Senate;

(2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or

(3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.25

A recess appointment falling under any one of these three exceptions must be followed by a nomination to the position not later than 40 days after the beginning of the next session of the Senate.26 For this reason, when a recess appointment is made, the President generally submits a new nomination for the nominee even when an earlier nomination is pending.27

Although a recess appointee whose nominations to a full term is subsequently rejected by the Senate may continue to serve until the end of his or her recess appointment, a provision of the FY2008 Financial Services and General Government Appropriations Act may prevent him or her from being paid after the rejection.28

From the 110th Congress on, Congress has periodically used specific scheduling practices in an attempt to prevent the President from making recess appointments. The evolution of these practices, the President's response to them, and associated controversies are beyond the scope of this report. Detailed information may be found in other CRS reports.29 Notably, these practices were used only once during the 111th Congress.30

Temporary Appointments

Congress has provided limited statutory authority for the temporary filling of vacant positions requiring Senate confirmation. It is expected that, in general, officials holding PAS positions who have been designated as "acting" are holding their offices under this authority or other statutory authority specific to their agencies. Under the Federal Vacancies Reform Act of 1998 (FVRA),31 when an executive agency position requiring confirmation becomes vacant, it may be filled temporarily in one of three ways:

(1) the first assistant to such a position may automatically assume the functions and duties of the office;

(2) the President may direct an officer in any agency who is occupying a position requiring Senate confirmation to perform those tasks; or

(3) the President may select any officer or employee of the subject agency who is occupying a position for which the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level, and who has been with the agency for at least 90 of the preceding 365 days.

A temporary appointment made under the FVRA is limited to 210 days from the date of the vacancy, but the time restriction is suspended if a first or second nomination for the position is pending. In addition, during a presidential transition, the 210-day restriction period does not begin to run until either 90 days after the President assumes office, or 90 days after the vacancy occurs, if the vacancy occurs during the 90-day inauguration period. The act does not apply to positions on multi-headed regulatory boards and commissions and to certain other specific positions that may be filled temporarily under other statutory provisions.32

Appointments During the 111th Congress

Table 1 summarizes appointment activity, during the 111th Congress, related to full-time executive-level positions in the 15 departments. President Barack H. Obama submitted to the Senate 347 nominations to executive department full-time positions. Of these 347 nominations, 293 were confirmed; 16 were withdrawn; and 38 were returned to the President under the provisions of Senate rules.33

Table 1. Appointment Action for 15 Departments During the 111th Congress

Positions in the 15 departments (total)

 

373

Positions to which nominations were made

 

317a

Individual nominees

 

325a

Nominations submitted to the Senate during the 111th Congress (total)

 

347a

Disposition of nominations

 

 

 

Confirmed by the Senate

 

293

 

Withdrawn

 

16

 

Returned (total)

 

38

Recess Appointments (total)

 

10

Intersession

 

1

Intrasession

 

9

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

a. The figures shown here reveal that there is a distinction between the number of positions to which nominations were made (317), the number of individual nominees (325), and the total number of nominations submitted (347). The number of positions to which nominations were made (317) differs from the number of individual nominees (325) for two reasons. First, the President sometimes nominated more than one individual successively to a single open position, usually following the return or withdrawal of his original nomination. Second, less frequently, the President nominated a single individual to more than one position over the course of the Congress. Again, this usually followed the return or withdrawal of the first nomination. The number of total nominations submitted (347) is higher than both of these numbers because it includes cases in which the President nominated an individual to the same position more than once. For example, when the President makes a recess appointment, he generally submits more than one nomination of the individual to comply with statutory requirements that will enable the appointee to be paid, even when an earlier nomination is pending. See section entitled "Recess Appointments" for more information.

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate can vary widely.34 Some nominations are confirmed within a few days, others are confirmed within several months, and some are never confirmed. This report provides, for each executive department nomination that was confirmed in the 111th Congress, the number of days between nomination and confirmation ("days to confirm"). For confirmed nominations, an average (mean) of 73.2 days elapsed between nomination and confirmation. The median number of days elapsed was 52.0.35

Organization of This Report

Executive Department Profiles

Each of the 15 executive department profiles provided in this report is organized into two parts: a table providing information, as of the end of the 111th Congress, regarding the organization's full-time PAS positions, and a table of appointment action with regard to these positions during the 111th Congress. Data for these tables were collected from several authoritative sources.36

The first of these two tables identifies, as of the end of the 111th Congress,37 each full-time PAS position in the department,38 its incumbent, and its pay level. For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which, as of the end of the 111th Congress, ranged from level I ($199,700) for cabinet-level offices to level V ($145,700) for the lowest-ranked positions. An incumbent's name followed by "(A)" indicates an official who was, at that time, serving in an acting capacity. Vacancies are also noted.

The appointment action table provides, in chronological order, information concerning each nomination or recess appointment. It shows the name of the nominee or recess appointee, position involved, date of nomination or appointment, date of confirmation, and number of days between receipt of a nomination and confirmation. Actions other than confirmation (i.e., nominations returned to or withdrawn by the President) are also noted. Some individuals were nominated more than once for the same position, usually because the first nomination was returned to the President.

The appointment action tables that list more than one nomination also give statistics on the length of time between nomination and confirmation. Each appointment action table provides the average "days to confirm" in two ways: mean and median. Both are presented because although the mean is a more familiar measure, it can be influenced by extreme values ("outliers") in the data, while the median does not tend to be influenced by outliers. In other words, a nomination that took an extraordinarily long time might cause a significant change in the mean, but the median would be unaffected. Presenting both numbers provides a more accurate portrayal of the central tendency of the data.

For a small number of positions in this report, the two tables may give slightly different titles to the same position. This is a result of the fact that the titles used in the nomination the White House submits to the Senate, the title of each position as established by statute, and the title of the position used by the department itself are not always identical. The first table in each department profile, the table listing the incumbents at the end of the 111th Congress, relies upon data provided by the department itself in listing the positions. The second table presented, the list of Appointment Action within each department, relies primarily upon the Senate nominations database of the Legislative Information System (LIS). This information is based upon the nomination sent to the Senate by the White House, which is not always identical to the exact title of the position used by the department. However, the inconsistency only appears in a small minority of the positions listed in this report. Inconsistencies are noted in the footnotes following each appointment table.

Additional Appointment Information

Appendix A presents a table of all nominations and recess appointments to positions in executive departments, alphabetically organized by last name, and follows a similar format to that of the department appointment action tables. It identifies the agency involved and the dates of nomination and confirmation. The table also indicates if a nomination was confirmed, withdrawn, or returned. The mean and median numbers of days taken to confirm a nomination are also provided.

Appendix B provides a table with summary information on appointments and nominations, by department. For each of the 15 executive departments discussed in this report, the table provides the number of positions, nominations, individual nominees, confirmations, nominations returned, nominations withdrawn, and recess appointments. The table also provides the mean and median numbers of days to confirm a nomination.

A list of department abbreviations can be found in Appendix C.


Department of Agriculture (USDA)

Table 2. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Thomas J. Vilsack

I

Deputy Secretary

Kathleen A. Merrigan

II

Inspector Generala

Phyllis K. Fong

III + 3%b

Under Secretary – Farm and Foreign Agricultural Services

James W. Miller

III

Under Secretary – Food, Nutrition, and Consumer Services

Kevin W. Concannon

III

Under Secretary – Food Safety

Elisabeth A. Hagen

III

Under Secretary – Marketing and Regulatory Programs

Edward M. Avalos

III

Under Secretary – Natural Resources and Environment

Harris D. Sherman

III

Under Secretary – Research, Education, and Economics

Catherine E. Woteki

III

Under Secretary – Rural Development

Dallas P. Tonsager

III

Assistant Secretary – Administration

Pearlie S. Reed

IV

Assistant Secretary – Civil Rights

Joe Leonard Jr.

IV

Assistant Secretary – Congressional Relations

Krysta Harden

IV

Chief Financial Officerc

Jon Holladay (A)

IV

General Counsel

Ramona E. Romero

IV

Administrator – Rural Utilities Services

Jonathan S. Adelstein

IV

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

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

c. The chief financial officer (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)). In previous Congresses, the CFO for the Department of Agriculture has been appointed by the President, with the advice and consent of the Senate.

Table 3. USDA Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Thomas J. Vilsack

Secretary

01/20/09

01/20/09

0

James W. Miller

Under Secy. – Farm and Foreign Agricultural Services

03/18/09

04/03/09

16

Kathleen A. Merrigan

Deputy Secy.

03/19/09

04/03/09

15

Joe Leonard Jr.

Asst. Secy. – Civil Rights

03/23/09

04/03/09

11

Dallas P. Tonsager

Under Secy. – Rural Development

03/25/09

05/12/09

48

Krysta Harden

Asst. Secy. – Congressional Relations

04/02/09

05/12/09

40

Jonathan S. Adelstein

Admin. – Rural Utilities Services

04/21/09

07/24/09

94

Rajiv J. Shah

Under Secy. – Research, Education, and Economics

04/23/09

05/12/09

19

Pearlie S. Reed

Asst. Secy. – Administration

04/27/09

05/12/09

15

Kevin W. Concannon

Under Secy. – Food, Nutrition, and Consumer Services

04/29/09

07/31/09

93

Evan J. Segal

Chief Financial Officer

06/01/09

07/20/09

49

Edward M. Avalos

Under Secy. – Marketing and Regulatory Programs

06/18/09

10/08/09

112

Harris D. Sherman

Under Secy. – Natural Resources and Environment

09/10/09

Withdrawn 09/29/09

Harris D. Sherman

Under Secy. – Natural Resources and Environment

09/29/09

10/08/09

9

Elisabeth A. Hagen

Under Secy. – Food Safety

01/26/10

09/16/10

233

Catherine E. Woteki

Under Secy. – Research, Education, and Economics

04/26/10

09/16/10

143

Ramona E. Romero

General Counsel

06/28/10

12/22/10

177

Elisabeth A. Hagen

Under Secy. – Food Safety

Recess Appointment 08/19/10a

Elisabeth A. Hagenb

Under Secy. – Food Safety

09/13/10

Returned 12/22/10c

Mean number of days to confirm a nomination

67.1

Median number of days to confirm a nomination

44.0

a. Hagen's recess appointment would have expired at the end of the first session of the 112th Congress, by which time she had been confirmed, as shown.

b. When the President makes a recess appointment, he generally submits more than one nomination for the individual to comply with statutory requirements (see section entitled "Recess Appointments" in text). Usually when two or more identical nominations are submitted and the nominee is confirmed, one nomination is documented as confirmed and the others are returned to the President. In this case, the nomination from January 26, 2010, was confirmed, and the nomination from September 13, 2010, was returned to the President.

c. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.


Department of Commerce (DOC)

Table 4. Full-time PAS Positions, as of the End of the 111th Congress

Positiona

Incumbent

Pay level

Secretary

Gary Locke

I

Deputy Secretary

Rebecca M. Blank (A)

II

Inspector Generalb

Todd J. Zinser

III + 3%c

Under Secretary – Economic Affairs

Rebecca M. Blank

III

Under Secretary – Export Administrationd

Eric L. Hirschhorn

III

Under Secretary – Intellectual Property/Director - U.S. Patent and Trademark Office

David J. Kappos

III

Under Secretary – International Trade

Francisco J. Sánchez

III

Under Secretary – Oceans and Atmosphere/Administrator – National Oceanic and Atmospheric Administration (NOAA)

Jane Lubchenco

III

Assistant Secretary – Administration/Chief Financial Officere

Scott B. Quehl

IV

Assistant Secretary – Communications and Information

Lawrence E. Strickling

IV

Assistant Secretary – Economic Development

John R. Fernandez

IV

Assistant Secretary – Export Administration

Kevin Wolf

IV

Assistant Secretary – Export Enforcement

David W. Mills

IV

Assistant Secretary – Import Administration

Vacant

IV

Assistant Secretary – Legislative and Intergovernmental Affairs

April S. Boyd

IV

Assistant Secretary – Manufacturing and Services

Nicole Y. Lamb-Hale

IV

Assistant Secretary – Market Access and Compliance

Michael C. Camuñez

IV

Assistant Secretary – Environmental Observation and Prediction/Deputy Administrator – NOAA

Vacant

IV

Assistant Secretary – Conservation and Management/Deputy Administrator – NOAA

Larry Robinson

IV

Assistant Secretary – Trade Promotion/Director General – U.S. and Foreign Commercial Service

Suresh Kumar

IV

Director – Bureau of the Census

Robert M. Groves

IV

Director – National Institute of Standards and Technology

Patrick D. Gallagher

IV

General Counsel

Cameron F. Kerry

IV

Chief Scientist – NOAA

Vacant

V

a. Positions in this column do not include those in the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA), which are located in the Department of Commerce.

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

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

d. Within the Department of Commerce, this position is also sometimes known as Under Secretary of Industry and Security.

e. The chief financial officer (CFO) may be appointed by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). Quehl was separately nominated and confirmed to be CFO and to be Assistant Secretary for Administration in the 111th Congress.

Table 5. DOC Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Jane Lubchenco

Under Secy. – Oceans and Atmosphere/Admin. – National Oceanic and Atmospheric Administration (NOAA)

01/20/09

03/19/09

58

Gary Locke

Secretary

03/16/09

03/24/09

8

April S. Boyd

Asst. Secy. – Legislative and Intergovernmental Affairs

03/19/09

04/29/09

41

Lawrence E. Strickling

Asst. Secy. – Communications and Information

03/31/09

06/25/09

86

Cameron F. Kerry

General Counsel

04/20/09

05/21/09

31

Francisco J. Sánchez

Under Secy. – International Trade

04/20/09

09/16/10

514

Rebecca M. Blank

Under Secy. – Economic Affairs

04/28/09

05/21/09

23

Robert M. Groves

Dir. – Bureau of the Census

04/29/09

07/13/09

75

David J. Kappos

Under Secy. – Intellectual Property/Dir. - U.S. Patent and Trademark Office

06/18/09

08/07/09

50

John R. Fernandez

Asst. Secy. – Economic Development

07/20/09

09/10/09

52

Dennis F. Hightower

Deputy Secy.

07/24/09

08/07/09

14

Eric L. Hirschhorn

Under Secy. – Export Administrationa

09/14/09

Returned 12/22/10b

Patrick D. Gallagher

Dir. – National Institute of Standards and Technology

10/07/09

11/05/09

29

Scott B. Quehl

Asst. Secy. – Administration

10/15/09

12/24/09

70

Scott B. Quehl

Chief Financial Officer

10/15/09

12/24/09

70

Suresh Kumar

Asst. Secy. – Trade Promotion/Dir. General – U.S. and Foreign Commercial Service

10/29/09

02/11/10

105

Nicole Y. Lamb-Hale

Asst. Secy. – Manufacturing and Services

11/18/09

02/11/10

85

David W. Mills

Asst. Secy. – Export Enforcement

12/02/09

02/11/10

71

Kevin Wolf

Asst. Secy. – Export Administration

12/21/09

02/11/10

52

Timothy McGee

Asst. Secy. – Environmental Observation and Prediction/ Deputy Admin. – NOAA

12/21/09

Withdrawn 04/22/10

Larry Robinson

Asst. Secy. – Conservation and Management/ Deputy Admin. – NOAA

02/04/10

Withdrawn 02/22/10

Larry Robinson

Asst. Secy. – Conservation and Management/ Deputy Admin. – NOAA

02/22/10

05/06/10

73

Michael C. Camuñez

Asst. Secy. – Market Access and Compliance

03/02/10

09/16/10

198

Eric L. Hirschhorn

Under Secy. – Export Administration

Recess Appointment 03/27/10c

Francisco J. Sánchez

Under Secy. – International Trade

Recess Appointment 03/27/10c

Francisco J. Sánchezd

Under Secy. – International Trade

04/21/10

Returned 12/22/10b

Eric L. Hirschhorne

Under Secy. – Export Administration

04/21/10

Returned 12/22/10b

Scott C. Doney

Chief Scientist – NOAA

08/05/10

Returned 12/22/10b

Kathryn D. Sullivan

Asst. Secy. – Environmental Observation and Prediction/ Deputy Admin. – NOAA

12/03/10

Returned 12/22/10b

Mean number of days to confirm a nomination

85.3

Median number of days to confirm a nomination

64.0

a. Within the Department of Commerce, this position is also sometimes known as Under Secretary for Industry and Security.

b. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. Sánchez's and Hirschhorn's recess appointments would have ended at the end of the first session of the 112th Congress. Sánchez was confirmed prior to the expiration of his recess appointment, as shown above.

d. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Sánchez on April 20, 2009, recess-appointed him on March 27, 2010, then sent another nomination following the recess on April 21, 2010.

e. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Hirschorn on September 14, 2009, recess-appointed him on March 27, 2010, then sent another nomination following the recess on April 21, 2010.


Department of Defense (DOD)

Table 6. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Robert M. Gates

I

Deputy Secretary

William J. Lynn III

II

Under Secretary – Acquisition, Technology and Logistics

Ashton B. Carter

II

Inspector Generala

Gordon S. Heddell

III + 3%b

Under Secretary – Comptroller/Chief Financial Officerc

Robert F. Hale

III

Under Secretary – Intelligence

Thomas A. Ferguson (A)

III

Under Secretary – Personnel and Readiness

Clifford L. Stanley

III

Under Secretary – Policy

Michèle A. Flournoy

III

Deputy Chief Management Officerd

Elizabeth A. McGrath

III

Principal Deputy Under Secretary – Acquisition, Technology and Logisticse

Frank Kendall III

III

Principal Deputy Under Secretary – Comptrollerf

Michael J. McCord

IV

Principal Deputy Under Secretary – Intelligenceg

Thomas A. Ferguson

IV

Principal Deputy Under Secretary – Personnel and Readiness

Lynn C. Simpson (A)

IV

Principal Deputy Under Secretary – Policy

James N. Miller Jr.

IV

Assistant Secretary – Acquisitionh

Shay Assad (A)

IV

Assistant Secretary – Asian and Pacific Security Affairs

Wallace C. Gregson

IV

Assistant Secretary – Global Strategic Affairs

Ken Handelman (A)

IV

Assistant Secretary – Health Affairs

Jonathan Woodson

IV

Assistant Secretary – Homeland Defense and Americas' Security Affairs

Paul N. Stockton

IV

Assistant Secretary – International Security Affairs

Alexander Vershbow

IV

Assistant Secretary – Legislative Affairs

Elizabeth L. King

IV

Assistant Secretary – Logistics and Materiel Readinessi

Alan F. Estevez (A)

IV

Assistant Secretary – Networks and Information Integration

Teresa M. Takai (A)

IV

Assistant Secretary – Public Affairs

Douglas B. Wilson

IV

Assistant Secretary – Reserve Affairs

Dennis M. McCarthy

IV

Assistant Secretary – Special Operations and Low-Intensity Conflict

Michael G. Vickers

IV

Director – Cost Assessment and Program Evaluationj

Christine H. Fox

IV

Director – Defense Research and Engineering

Zachary J. Lemnios

IV

Director – Operational Energy Plans and Programsk

Sharon E. Burke

IV

Director – Operational Test and Evaluationl

J. Michael Gilmore

IV

General Counsel

Jeh C. Johnson

IV

Assistant to the Secretary – Nuclear, Chemical, and Biological Defense Programs

Andrew C. Weber

V

Department of the Air Force

 

 

Secretary

Michael B. Donley

II

Under Secretary

Erin C. Conaton

III

Assistant Secretary – Acquisition

David M. Van Buren (A)

IV

Assistant Secretary – Financial Management/Comptroller

Jamie M. Morin

IV

Assistant Secretary – Manpower and Reserve Affairs

Daniel B. Ginsberg

IV

Assistant Secretary – Installations, Environment and Logistics

Terry A. Yonkers

IV

General Counsel

Charles A. Blanchard

IV

Department of the Army

 

 

Secretary

John M. McHugh

II

Under Secretary

Joseph W. Westphal

III

Assistant Secretary – Civil Works

Jo-Ellen Darcy

IV

Assistant Secretary – Financial Management/Comptroller

Mary S. Matiella

IV

Assistant Secretary – Acquisition, Logistics and Technology

Malcolm R. O'Neill

IV

Assistant Secretary – Installations, Energy and Environment

Katherine Hammack

IV

Assistant Secretary – Manpower and Reserve Affairs

Thomas R. Lamont

IV

General Counsel

Vacant

IV

Department of the Navy

 

 

Secretary

Raymond E. Mabus Jr.

II

Under Secretary

Robert O. Work

III

Assistant Secretary – Financial Management/Comptroller

Gladys J. Commons

IV

Assistant Secretary – Energy, Installations and Environment

Jackalyne Pfannenstiel

IV

Assistant Secretary – Manpower and Reserve Affairs

Juan M. Garcia III

IV

Assistant Secretary – Research, Development, and Acquisition

Sean J. Stackley

IV

General Counsel

Paul L. Oostburg Sanz

IV

Joint Chiefs of Staffm

 

(Members of the Joint Chiefs of Staff are compensated under the military pay system, rather than the executive schedule.)

Chairman

Michael Mullen

Vice Chairman

James E. Cartwright

Chief of Staff (Air Force)

Norton A. Schwartz

Chief of Staff (Army)

George W. Casey Jr.

Chief of Naval Operations

Gary Roughead

Commandant of the Marine Corps

James F. Amos

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

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

c. The chief financial officer (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)). In the 111th Congress, Hale was confirmed to be Under Secretary of Defense/Comptroller and was designated CFO for DOD.

d. The position of Deputy Chief Management Officer was established by P.L. 110-181, Division A, Title IX, Subtitle A, §904(a) (122 Stat. 273), and was filled for the first time during the 111th Congress, as shown.

e. The position of Principal Deputy Under Secretary for Acquisition, Technology and Logistics was established by P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2425) and was filled for the first time during the 111th Congress, as shown.

f. The position of Principal Deputy Under Secretary (Comptroller) was established by P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2425) and was filled for the first time during the 111th Congress, as shown.

g. Ferguson was serving as Principal Deputy Under Secretary for Intelligence prior to the position's becoming a presidential appointment requiring the advice and consent of the Senate. Under the provisions of P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2425), he may continue to serve in such position without requiring Senate confirmation for a period of up to four years after the date of the enactment of P.L. 111-94 (October 28, 2009).

h. The position of Assistant Secretary for Acquisition was established by P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2425). At the end of the 111th Congress, the position was filled by an Acting Assistant Secretary for Acquisition.

i. The position of Assistant Secretary for Logistics and Materiel Readiness was established by P.L. 111-84, Division A, Title IX, Subtitle A, §906(a) (123 Stat. 2425). At the end of the 111th Congress, the position was filled by an Acting Assistant Secretary for Logistics and Materiel Readiness.

j. The position of Director of Cost Assessment and Program Evaluation was established by P.L. 111-23, Title I, §101(a) (123 Stat. 1705) and was filled for the first time during the 111th Congress, as shown.

k. The position of Director of Operational Energy Plans and Programs was established by P.L. 110-417, Title IX, Subtitle A, §902(a) (122 State. 4564) and was filled for the first time during the 111th Congress, as shown. Within the Department of Defense, this position is referred to as the Assistant Secretary – Operational Energy Plans and Programs.

l. The President may remove the Director of Operational Test and Evaluation from office. The law provides that "The President shall communicate the reasons for any such removal to both Houses of Congress" (10 U.S.C. §139(a)(1)).

m. The chairman and vice chairman serve two-year terms; other members serve four-year terms. See 10 U.S.C. §152(a) and 10 U.S.C. §154(a)(3).

Table 7. DOD Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Michèle A. Flournoy

Under Secy. – Policy

01/20/09

02/09/09

20

Robert F. Hale

Under Secy. – Comptroller/Chief Financial Officer

01/20/09

02/09/09

20

Jeh C. Johnson

General Counsel

01/20/09

02/09/09

20

William J. Lynn III

Deputy Secy.

01/20/09

02/11/09

22

James N. Miller Jr.

Prin. Deputy Under Secy. – Policy

03/10/09

04/03/09

24

Alexander Vershbow

Asst. Secy. – International Security Affairs

03/12/09

04/03/09

22

Ashton B. Carter

Under Secy. – Acquisition, Technology and Logistics

03/18/09

04/23/09

36

Jo-Ellen Darcy

Asst. Secy. – Army – Civil Works

04/02/09

08/07/09

127

Robert O. Work

Under Secy. – Navy

04/20/09

05/18/09

28

Donald M. Remy

General Counsel – Army

04/20/09

Withdrawn 06/17/09

Michael Nacht

Asst. Secy. – Global Strategic Affairs

04/20/09

05/07/09

17

Raymond E. Mabus Jr.

Secretary – Navy

04/20/09

05/18/09

28

Elizabeth L. King

Asst. Secy. – Legislative Affairs

04/20/09

05/07/09

17

Wallace C. Gregson

Asst. Secy. – Asian and Pacific Security Affairs

04/20/09

05/07/09

17

James E. Cartwright

Vice Chairman – Joint Chiefs of Staff

04/20/09

07/31/09

102

Thomas R. Lamont

Asst. Secy. – Army – Manpower and Reserve Affairs

04/27/09

05/18/09

21

Paul N. Stockton

Asst. Secy. – Homeland Defense and Americas' Security Affairs

04/28/09

05/18/09

20

Andrew C. Weber

Asst. to the Secretary – Nuclear, Chemical, and Biological Defense Programs

04/29/09

05/18/09

19

Charles A. Blanchard

General Counsel – Air Force

04/30/09

05/18/09

18

Jamie M. Morin

Asst. Secy. – Air Force – Financial Management/Comptroller

05/11/09

06/19/09

39

Zachary J. Lemnios

Dir. – Defense Research and Engineering

05/18/09

06/19/09

32

Michael G. Mullen

Chairman – Joint Chiefs of Staff

05/20/09

09/25/09

128

Gordon S. Heddell

Inspector General

06/01/09

07/10/09

39

J. Michael Gilmore

Dir. – Operational Test and Evaluation

06/01/09

09/21/09

112

Dennis M. McCarthy

Asst. Secy. – Reserve Affairs

06/01/09

06/25/09

24

Daniel B. Ginsberg

Asst. Secy. – Air Force – Manpower and Reserve Affairs

06/02/09

07/06/09

34

Joseph W. Westphal

Under Secy. – Army

06/11/09

09/16/09

97

Juan M. Garcia III

Asst. Secy. – Navy – Manpower and Reserve Affairs

06/18/09

09/16/09

90

John M. McHugh

Secretary – Army

07/06/09

09/16/09

72

Terry A. Yonkers

Asst. Secy. – Air Force – Installations, Environment and Logistics

08/03/09

03/04/10

213

Frank Kendall III

Deputy Under Secy. – Acquisition, Technology and Logistics

08/05/09

Withdrawn 10/29/09

Gladys J. Commons

Asst. Secy. – Navy – Financial Management/Comptroller

09/29/09

10/28/09

29

Christine H. Fox

Dir. – Cost Assessment and Program Evaluation

10/01/09

10/28/09

27

Clifford L. Stanley

Under Secy. – Personnel and Readiness

10/15/09

02/09/10

117

Frank Kendall III

Prin. Deputy Under Secy. – Acquisition, Technology and Logistics

10/29/09

03/04/10

126

Erin C. Conaton

Under Secy. – Air Force

11/10/09

03/04/10

114

Mary S. Matiella

Asst. Secy. – Army – Financial Management/Comptroller

11/20/09

02/11/10

83

Paul L. Oostburg Sanz

General Counsel – Navy

11/20/09

03/04/10

104

Solomon B. Watson IV

General Counsel – Army

11/20/09

Returned 12/22/10a

Malcolm R. O'Neill

Asst. Secy. – Army – Acquisition, Logistics and Technology

12/03/09

03/04/10

91

Jackalyne Pfannenstiel

Asst. Secy. – Navy – Energy, Installations and Environment

12/03/09

03/04/10

91

Douglas B. Wilson

Asst. Secy. – Public Affairs

12/03/09

02/11/10

70

Sharon E. Burke

Dir. – Operational Energy Plans and Programs

12/11/09

06/22/10

193

Katherine Hammack

Asst. Secy. – Army – Installations, Energy and Environment

01/20/10

06/22/10

153

Michael J. McCord

Prin. Deputy Under Secy./Comptroller

03/01/10

06/22/10

113

Elizabeth A. McGrath

Deputy Chief Management Officer

03/10/10

06/22/10

104

Jonathan Woodson

Asst. Secy. – Health Affairs

03/22/10

12/22/10

275

Teresa M. Takai

Asst. Secy. – Networks and Information Integration

04/12/10

Withdrawn 09/29/10

James F. Amos

Commandant - Marine Corps - Joint Chiefs of Staff

07/21/10

09/29/10

70

Jo Ann Rooney

Prin. Deputy Under Secy. – Personnel and Readiness

09/29/10

Returned 12/22/10a

Michael Vickers

Under Secy. – Intelligence

09/29/10

Returned 12/22/10a

Mean number of days to confirm a nomination

71.5

Median number of days to confirm a nomination

39.0

a. Returned to the President at the end of the 111th Congress of the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Department of Education (ED)

Table 8. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Arne Duncan

I

Deputy Secretary

Anthony W. Miller

II

Director – Institute of Education Sciencesa

John Q. Easton

II

Inspector Generalb

Kathleen S. Tighe

III + 3%c

Under Secretary

Martha J. Kanter

III

Chief Financial Officerd

Thomas Skelly (A)

IV

Assistant Secretary – Civil Rights

Russlynn Ali

IV

Assistant Secretary – Communications and Outreach

Peter Cunningham

IV

Assistant Secretary – Elementary and Secondary Education

Thelma Meléndez de Santa Ana

IV

Assistant Secretary – Legislation and Congressional Affairs

Gabriella C. Gomez

IV

Assistant Secretary – Management

Winona Varnon (A)

IV

Assistant Secretary – Planning, Evaluation and Policy Development

Carmel Martin

IV

Assistant Secretary – Postsecondary Education

Eduardo M. Ochoa

IV

Assistant Secretary – Special Education and Rehabilitative Services

Alexa E. Posny

IV

Assistant Secretary – Vocational and Adult Education

Brenda Dann-Messier

IV

General Counsel

Charles P. Rose

IV

Commissioner – Education Statisticse

Sean P. Buckley

IV

Commissioner – Rehabilitation Services Administration

Lynnae M. Ruttledge

V

a. This position has a six-year term and specified qualifications. See 20 U.S.C. §9514.

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

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

d. The chief financial officer (CFO) may be appointed by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). In previous Congresses, the CFO for the Department of Education has been appointed by the President, with the advice and consent of the Senate.

e. This position has a six-year term and specified qualifications. See 20 U.S.C. §9517(b).

Table 9. ED Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Arne Duncan

Secretary

01/20/09

01/20/09

0

Russlynn Ali

Asst. Secy. – Civil Rights

03/18/09

05/01/09

44

Carmel Martin

Asst. Secy. – Planning, Evaluation and Policy Development

03/18/09

05/01/09

44

Charles P. Rose

General Counsel

03/18/09

05/01/09

44

Peter Cunningham

Asst. Secy. – Communications and Outreach

03/19/09

05/01/09

43

Gabriella C. Gomez

Asst. Secy. – Legislation and Congressional Affairs

04/20/09

05/01/09

11

John Q. Easton

Dir. – Institute of Education Sciences

04/20/09

05/21/09

31

Martha J. Kanter

Under Secy.

04/29/09

06/19/09

51

Anthony W. Miller

Deputy Secy.

05/18/09

07/24/09

67

Thelma Meléndez de Santa Ana

Asst. Secy. – Elementary and Secondary Education

06/08/09

07/24/09

46

Alexa E. Posny

Asst. Secy. – Special Education and Rehabilitative Services

07/07/09

10/05/09

90

Brenda Dann-Messier

Asst. Secy. – Vocational and Adult Education

07/14/09

10/05/09

83

Lynnae M. Ruttledge

Commissioner – Rehabilitation Services Administration

10/15/09

12/24/09

70

Kathleen S. Tighe

Inspector General

11/20/09

03/10/10

110

Eduardo M. Ochoa

Asst. Secy. – Postsecondary Education

02/24/10

06/22/10

118

Sean P. Buckley

Commissioner – Education Statistics

07/12/10

12/22/10

163

Mean number of days to confirm a nomination

63.4

Median number of days to confirm a nomination

48.5


Department of Energy (DOE)

Table 10. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Steven Chu

I

Deputy Secretary

Daniel B. Poneman

II

Inspector Generala

Gregory H. Friedman

III + 3%b

Under Secretary

Catherine R. Zoi (A)

III

Under Secretary – Nuclear Security/Administrator – National Nuclear Security Administration (NNSA)

Thomas P. D'Agostino

III

Under Secretary – Science

Steven E. Koonin

III

Director – Advanced Research Projects Agency-Energyc

Arun Majumdar

III

Principal Deputy Administrator – NNSA

Neile L. Miller

IV

Deputy Administrator – Defense Programs, NNSA

Donald L. Cook

IV

Deputy Administrator – Defense Nuclear Nonproliferation, NNSA

Anne M. Harrington

IV

Administrator – Energy Information Administration

Richard G. Newell

IV

Assistant Secretary – Congressional and Intergovernmental Affairs

Jeffrey A. Lane

IV

Assistant Secretary – Electricity Delivery and Energy Reliability

Patricia A. Hoffman

IV

Assistant Secretary – Energy Efficiency and Renewable Energy

Catherine R. Zoi

IV

Assistant Secretary – Environmental Management

Inés R. Triay

IV

Assistant Secretary – Fossil Energy

Victor Der (A)

IV

Assistant Secretary – Nuclear Energy

Peter B. Lyons (A)

IV

Assistant Secretary – Policy and International Affairs

David B. Sandalow

IV

Chief Financial Officer

Steven J. Isakowitz

IV

Director – Office of Civilian Radioactive Waste Management

d

IV

Director – Office of Economic Impact and Diversitye

Bill Valdez (A)

IV

Director – Office of Science

William F. Brinkman

IV

General Counsel

Scott B. Harris

IV

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

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

c. The position of Director – Advanced Research Projects Agency-Energy in the Department of Energy was established by P.L. 110-69, Title V, §5012 (121 Stat. 621), enacted August 9, 2007. The position was first filled in the 111th Congress as shown.

d. This position ceased to exist after September 2010 (although it is still listed in the U.S. Code at 42 U.S.C. §10224). The Office of Civilian Radioactive Waste Management was abolished as September 30, 2010, after it was determined that the office would no longer receive funding. For more information, see CRS Report RL33461, Civilian Nuclear Waste Disposal, by [author name scrubbed].

e. This position is called Director – Office of Minority Economic Impact in the Senate nominations database of the Legislative Information System (LIS). Within the Department of Energy it is referred to as the Office of Economic Impact and Diversity.

Table 11. DOE Appointment Action During 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Steven Chu

Secretary

01/20/09

01/20/09

0

Kristina M. Johnson

Under Secy.

03/23/09

05/19/09

57

Steven E. Koonin

Under Secy. – Science

03/26/09

05/19/09

54

Inés R. Triay

Asst. Secy. – Environmental Management

03/31/09

05/20/09

50

Scott B. Harris

General Counsel

04/02/09

05/19/09

47

David B. Sandalow

Asst. Secy. – Policy and International Affairs

04/20/09

05/18/09

28

Daniel B. Poneman

Deputy Secy.

04/20/09

05/18/09

28

Catherine R. Zoi

Asst. Secy. – Energy Efficiency and Renewable Energy

04/27/09

06/19/09

53

William F. Brinkman

Dir. – Office of Science

04/27/09

06/19/09

53

Richard G. Newell

Admin. – Energy Information Administration

05/18/09

07/31/09

74

James J. Markowsky

Asst. Secy. – Fossil Energy

06/18/09

08/07/09

50

Warren F. Miller Jr.

Asst. Secy. – Nuclear Energy

06/18/09

08/07/09

50

Warren F. Miller Jr.

Dir. – Office of Civilian Radioactive Waste Managementa

06/22/09

Returned 08/05/10b

Jose A. Garcia

Dir. – Office of Economic Impact and Diversityc

07/20/09

10/21/09

93

Arun Majumdar

Dir. – Advanced Research Projects Agency-Energy

09/21/09

10/21/09

30

Donald L. Cook

Deputy Admin. – Defense Programs, NNSA

12/03/09

06/22/10

201

Patricia A. Hoffman

Asst. Secy. – Electricity Delivery and Energy Reliability

12/09/09

06/22/10

195

Jeffrey A. Lane

Asst. Secy. – Congressional and Intergovernmental Affairs

02/01/10

06/22/10

141

Neile L. Miller

Prin. Deputy Admin. – NNSA

05/27/10

08/05/10

70

Anne M. Harrington

Deputy Admin. – Defense Nuclear Nonproliferation, NNSA

06/14/10

09/29/10

107

Peter B. Lyons

Asst. Secy. – Nuclear Energy

12/13/10

Returned 12/22/10d

Mean number of days to confirm a nomination

72.7

Median number of days to confirm a nomination

53.0

a. This position ceased to exist after September 2010 (although it is still listed in the U.S. Code at 42 U.S.C. §10224). The Office of Civilian Radioactive Waste Management was abolished as September 30, 2010, after it was determined that the office would no longer receive funding. For more information, see CRS Report RL33461, Civilian Nuclear Waste Disposal, by [author name scrubbed].

b. Returned to the President at the beginning of a Senate recess of more than 30 days under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. This position is called Director – Office of Minority Economic Impact in the Senate nominations database of the Legislative Information System (LIS). Within the Department of Energy it is referred to as the Office of Economic Impact and Diversity.

d. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.


Department of Health and Human Services (HHS)

Table 12. Full-time PAS Positions, as of the End of the 111th Congress

Positiona

Incumbent

Pay level

Secretary

Kathleen Sebelius

I

Deputy Secretary

William V. Corr

II

Inspector Generalb

Daniel R. Levinson

III + 3%c

Administrator – Centers for Medicare and Medicaid Services

Donald M. Berwick

III

Administrator – Substance Abuse and Mental Health Services Administration

Pamela S. Hyde

IV

Assistant Secretary – Aging

Kathy J. Greenlee

IV

Assistant Secretary – Children and Familiesd

David Hansell (A)

IV

Assistant Secretary – Health

Howard K. Koh

IV

Assistant Secretary – Legislation

Jim R. Esquea

IV

Assistant Secretary – Planning and Evaluation

Sherry Glied

IV

Assistant Secretary – Preparedness and Response

Nicole Lurie

IV

Assistant Secretary – Public Affairs

Richard Sorian

IV

Assistant Secretary – Financial Resources /Chief Financial Officere

Ellen G. Murray

IV

Commissioner – Food and Drugs

Margaret A. Hamburg

IV

Director – National Institutes of Health

Francis S. Collins

IV

General Counsel

Mark Childress (A)

IV

Commissioner – Children, Youth, and Families

Bryan H. Samuels

V

Commissioner – Administration for Native Americans

Lillian A. Sparks

V

Director – Indian Health Servicef

Yvette Roubideaux

V

Surgeon Generalg

Regina M. Benjamin

h

a. The positions in this column do not include officers of the U.S. Public Health Service Commissioned Corps, which are located in the Department of Health and Human Services, except in cases where such a commission is incident to the position listed.

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

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

d. This position is called Assistant Secretary for Family Support in the Senate nominations database of the Legislative Information System (LIS).

e. 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)(l)). The Assistant Secretary for Financial Resources is HUD's designated CFO.

f. This position has a four-year term; a Director may serve more than one term. See 25 U.S.C. §1661(a)(2).

g. This position has a four-year term and specified qualifications. See 42 U.S.C. §205.

h. The Surgeon General is compensated as a commissioned officer at Level 0-9. See 37 U.S.C. §201.

Table 13. HHS Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Thomas A. Daschle

Secretary

01/20/09

Withdrawn 02/09/09

Kathleen Sebelius

Secretary

03/17/09

04/28/09

42

William V. Corr

Deputy Secy.

03/17/09

05/06/09

50

Margaret A. Hamburg

Commissioner – Food and Drugs

03/25009

05/18/09

54

Yvette Roubideaux

Dir. – Indian Health Service

03/26/09

05/06/09

41

Howard K. Koh

Asst. Secy.– Health

04/20/09

06/19/09

60

Kathy J. Greenlee

Asst. Secy. – Aging

05/04/09

06/25/09

52

Carmen R. Nazario

Asst. Secy. – Children and Families

05/06/09

09/22/09

139

Ellen G. Murray

Asst. Secy. – Financial Resources/ Chief Financial Officer

06/01/09

02/11/10

255

Nicole Lurie

Asst. Secy. – Preparedness and Response

06/01/09

07/10/09

39

Francis S. Collins

Dir. – National Institutes of Health

07/09/09

08/07/09

29

Sherry Glied

Asst. Secy. – Planning and Evaluation

07/09/09

06/22/10

348

Bryan H. Samuels

Commissioner – Children, Youth, and Families

07/13/09

02/11/10

213

Regina M. Benjamin

Surgeon General

07/22/09

10/29/09

99

Jim R. Esquea

Asst. Secy. – Legislation

08/06/09

06/22/10

320

Richard Sorian

Asst. Secy. – Public Affairs

10/05/09

Returned 12/22/10a

Pamela S. Hyde

Admin. – Substance Abuse and Mental Health Services Administration

10/05/09

11/20/09

46

Lillian A. Sparks

Commissioner – Administration for Native Americans

10/22/09

03/03/10

132

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

04/19/10

Returned 08/05/10b

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

Recess appointment 07/07/10c

Donald M. Berwickd

Admin. – Centers for Medicare and Medicaid Services

07/19/10

Returned 08/05/10b

Richard Sorian

Asst. Secy. – Public Affairs

Recess appointment 08/19/10c

Donald M. Berwickd

Admin. – Centers for Medicare and Medicaid Services

09/13/10

Returned 12/22/10a

Richard Soriane

Asst. Secy. – Public Affairs

09/13/10

Returned 12/22/10a

Mean number of days to confirm a nomination

119.9

Median number of days to confirm a nomination

57.0

a. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules.

b. Returned to the President at the beginning of a Senate recess of more than 30 days under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. The recess appointments of Berwick and Sorian expired at the end of the first session of the 112th Congress.

d. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Berwick on April 19, 2010, recess-appointed him on July 7, 2010, then submitted another nomination following the recess on July 19, 2010. However, both nominations were returned to the President at the beginning of the Senate recess in August 2010, under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Therefore, the President submitted another nomination for Berwick on September 13, 2010, following the conclusion of that recess.

e. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Sorian on October 5, 2009, recess-appointed him on August 19, 2010, then submitted another nomination following the recess on September 13, 2010.


Department of Homeland Security (DHS)

Table 14. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Janet A. Napolitano

I

Deputy Secretary

Jane H. Lute

II

Inspector Generala

Richard L. Skinner

III + 3%b

Under Secretary – Intelligence and Analysisc

Caryn A. Wagner

III

Under Secretary – Management

Rafael Borras

III

Under Secretary – National Protection and Programs Directorate

Rand Beers

III

Under Secretary – Science and Technology

Tara J. O'Toole

III

Director – U.S. Citizenship and Immigration Services

Alejandro N. Mayorkas

III

Commissioner – U.S. Customs and Border Protection

Alan D. Bersin

III

Assistant Secretary – Health Affairs and Chief Medical Officer

Alexander G. Garza

IV

Assistant Secretary – Policy

David F. Heyman

IV

Assistant Secretary – Transportation Security Administrationd

John S. Pistole

IV

Assistant Secretary – U.S. Immigration and Customs Enforcemente

John T. Morton

IV

Chief Financial Officerf

Vacant

IV

General Counsel

Ivan K. Fong

IV

Commandant of the Coast Guard

Robert J. Papp Jr.

Admiralg

Director - Office of Counternarcotics Enforcement

Grayling G. Williams

IV

Federal Emergency Management Agency (FEMA)

Administrator

W. Craig Fugate

II

Deputy Administrator – Protection and National Preparedness

Timothy W. Manning

III

Deputy Administrator/Chief Operating Officer

Richard Serino

III

Assistant Administrator – Grants Program Directorate

Elizabeth M. Harman

IV

Administrator – U.S. Fire Administration

Glenn A. Gaines (A)

IV

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

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

c. The position of Under Secretary – Intelligence and Analysis in the Department of Homeland Security was established by P.L. 110-53, Title V, Subtitle D §531 (a) (121 Stat. 332), enacted August 3, 2007. The position was first filled in the 111th Congress as shown.

d. Within the Department of Homeland Security, this position is also sometimes known as the Administrator, Transportation Security Administration.

e. Within the Department of Homeland Security, this position is also sometimes known as the Director of Immigration and Customs Enforcement.

f. 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)). Prior to the vacancy in this position, the CFO was appointed by the President, with the advice and consent of the Senate.

g. The Commandant of the Coast Guard is compensated under the military pay system, rather than the executive schedule, with the grade of Admiral.

Table 15. DHS Appointment Action During 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Janet A. Napolitano

Secretary

01/20/09

01/20/09

0

Jane H. Lute

Deputy Secy.

02/25/09

04/03/09

37

John T. Morton

Asst. Secy. – U.S. Immigration and Customs Enforcement

03/10/09

05/12/09

63

Ivan K. Fong

General Counsel

03/11/09

05/06/09

56

W. Craig Fugate

Admin. – FEMA

03/17/09

05/12/09

56

Timothy W. Manning

Deputy Admin. – Protection and National Preparedness – FEMA

04/02/09

05/06/09

34

Rand Beers

Under Secy. – National Protection and Programs Directorate

04/20/09

06/19/09

60

David F. Heyman

Asst. Secy. – Policy

04/27/09

06/04/09

38

Philip Mudd

Under Secy. – Intelligence and Analysis

05/04/09

Withdrawn 07/06/09

Tara J. O'Toole

Under Secy. – Science and Technology

05/06/09

11/04/09

182

Alejandro N. Mayorkas

Dir. – U.S. Citizenship and Immigration Services

05/20/09

08/07/09

79

Rafael Borras

Under Secy. – Management

07/06/09

Returned 12/22/10a

Alexander G. Garza

Asst. Secy. – Health Affairs and Chief Medical Officer

07/07/09

Withdrawn 07/27/09

Alexander G. Garza

Asst. Secy. – Health Affairs and Chief Medical Officer

07/27/09

08/07/09

11

Richard Serino

Deputy Admin./Chief Operating Officer – FEMA

07/27/09

10/05/09

70

Kelvin J. Cochran

Admin. – U.S. Fire Administration – FEMA

07/28/09

08/07/09

10

Erroll G. Southers

Asst. Secy. – Transportation Security Administration

09/17/09

Withdrawn 01/21/10

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

09/29/09

Returned 08/05/10b

Elizabeth M. Harman

Asst. Admin. – Grants Program Directorate – FEMA

10/13/09

03/03/10

141

Caryn A. Wagner

Under Secy. – Intelligence and Analysis

10/26/09

02/11/10

108

Grayling G. Williams

Dir. – Office of Counternarcotics Enforcement

11/04/09

12/24/09

50

Robert J. Papp Jr.

Commandant of the Coast Guard

12/22/09

04/22/10

121

Robert A. Harding

Asst. Secy. – Transportation Security Administration

03/08/10

Withdrawn 04/12/10

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

Recess appointment 03/27/10c

Rafael Borras

Under Secy. – Management

Recess appointment 03/27/10c

Alan D. Bersind

Commissioner – U.S. Customs and Border Protection

04/21/10

Returned 08/05/10b

Rafael Borrase

Under Secy. – Management

04/21/10

Returned 12/22/10a

John S. Pistole

Asst. Secy. – Transportation Security Administration

05/17/10

06/25/10

39

Alan D. Bersind

Commissioner – U.S. Customs and Border Protection

09/13/10

Returned 12/22/10a

Mean number of days to confirm a nomination

64.2

Median number of days to confirm a nomination

56.0

a. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. Returned to the President at the beginning of a Senate recess of more than 30 days under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. The recess appointments of Bersin and Borras expired at the end of the first session of the 112th Congress.

d. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Bersin on September 29, 2009, recess-appointed him on March 27, 2010, then submitted another nomination following the recess on April 21, 2010. However both nominations were returned to the President at the beginning of August 2010, under provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Therefore, the President submitted another nomination for Bersin on September 13, 2010, following the conclusion of that recess.

e. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Borras on July 6, 2009, recess-appointed him on March 27, 2010, then sent another nomination following the recess on April 21, 2010.

Department of Housing and Urban Development (HUD)

Table 16. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Shaun L. S. Donovan

I

Deputy Secretary

Ronald C. Sims

II

Inspector Generala

Vacant

III + 3%b

Assistant Secretary – Administration

Vacant

IV

Assistant Secretary – Community Planning and Development

Mercedes M. Márquez

IV

Assistant Secretary – Congressional and Intergovernmental Relations

Peter A. Kovar

IV

Assistant Secretary – Fair Housing and Equal Opportunity

John D. Trasviña

IV

Assistant Secretary – Housing/Federal Housing Administration Commissioner

David H. Stevens

IV

Assistant Secretary – Policy Development and Research

Raphael W. Bostic

IV

Assistant Secretary – Public Affairs

Vacant

IV

Assistant Secretary – Public and Indian Housing

Sandra B. Henriquez

IV

Chief Financial Officerc

Douglas A. Criscitello

IV

General Counsel

Helen R. Kanovsky

IV

President – Government National Mortgage Association

Theodore W. Tozer

IV

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

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

c. The chief financial officer (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)). Criscitello was confirmed as HUD's CFO.

Table 17. HUD Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Shaun L. S. Donovan

Secretary

01/20/09

01/22/09

2

Ronald C. Sims

Deputy Secy.

03/04/09

05/06/09

63

Peter A. Kovar

Asst. Secy. – Congressional and Intergovernmental Relations

03/25/09

05/01/09

37

John D. Trasviña

Asst. Secy. – Fair Housing and Equal Opportunity

04/20/09

05/01/09

11

Helen R. Kanovsky

General Counsel

04/20/09

05/01/09

11

Sandra B. Henriquez

Asst. Secy. – Public and Indian Housing

04/20/09

05/21/09

31

Raphael W. Bostic

Asst. Secy. – Policy Development and Research

04/20/09

07/10/09

81

David H. Stevens

Asst. Secy. – Housing/Federal Housing Administration Commissioner

04/20/09

07/10/09

81

Mercedes M. Márquez

Asst. Secy. – Community Planning and Development

05/04/09

06/25/09

52

Steven L. Jacques

Asst. Secy. – Public Affairs

09/29/09

Withdrawn 05/07/10

Douglas A. Criscitello

Chief Financial Officer

11/10/09

02/11/10

93

Theodore W. Tozer

Pres. – Government National Mortgage Association

12/21/09

02/11/10

52

Mean number of days to confirm a nomination

46.7

Median number of days to confirm a nomination

52.0


Department of the Interior (DOI)

Table 18. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Kenneth L. Salazar

I

Deputy Secretary

David J. Hayes

II

Special Trustee for American Indians

Donna M. Erwin (A)

a

Inspector Generalb

Mary L. Kendall (A)

III + 3%c

Assistant Secretary – Fish and Wildlife and Parks

Thomas L. Strickland

IV

Assistant Secretary – Indian Affairs

Larry J. Echo Hawk

IV

Assistant Secretary – Insular Affairs

Anthony M. Babauta

IV

Assistant Secretary – Land and Minerals Management

Wilma A. Lewis

IV

Assistant Secretary – Policy, Management and Budget/Chief Financial Officer

Rhea S. Suh

IV

Assistant Secretary – Water and Science

Anne J. Castle

IV

Chair – National Indian Gaming Commission

Tracie Stevens

IV

Solicitor

Hilary C. Tompkins

IV

Director – National Park Service

Jonathan B. Jarvis

V

Director – Office of Surface Mining Reclamation and Enforcement

Joseph G. Pizarchik

V

Commissioner – Bureau of Reclamation

Michael L. Connor

V

Director – Bureau of Land Management

Robert V. Abbey

V

Director – U.S. Fish and Wildlife Service

Rowan W. Gould (A)

V

Director – U.S. Geological Survey

Marcia K. McNutt

V

Commissioner – Indian Affairs

Vacant (since 1981)

V

a. The Special Trustee is to be paid "at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule ... " (25 U.S.C. §4042(b)(2)).

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

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

Table 19. DOI Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Kenneth L. Salazar

Secretary

01/20/09

01/20/09

0

David J. Hayes

Deputy Secy.

02/27/09

05/20/09

82

Thomas L. Strickland

Asst. Secy. – Fish and Wildlife and Parks

03/12/09

04/30/09

49

Hilary C. Tompkins

Solicitor

03/31/09

06/17/09

78

Rhea S. Suh

Asst. Secy. – Policy, Management and Budget/Chief Financial Officer

04/20/09

05/18/09

28

Michael L. Connor

Comm. – Bureau of Reclamation

04/20/09

05/21/09

31

Larry J. Echo Hawk

Asst. Secy. – Indian Affairs

04/20/09

05/19/09

29

Anne J. Castle

Asst. Secy. – Water and Science

04/27/09

06/19/09

53

Wilma A. Lewis

Asst. Secy. – Land and Minerals Management

05/06/09

08/07/09

93

Robert V. Abbey

Dir. – Bureau of Land Management

06/10/09

08/07/09

58

Anthony M. Babauta

Asst. Secy. – Insular Affairs

07/06/09

09/10/09

66

Samuel D. Hamilton

Dir. – U.S. Fish and Wildlife Service

07/06/09

07/31/09

25

Jonathan B. Jarvis

Dir. – National Park Service

07/13/09

09/24/09

73

Joseph G. Pizarchik

Dir. – Office of Surface Mining Reclamation and Enforcement

07/16/09

11/06/09

113

Marcia K. McNutt

Dir. – U.S. Geological Survey

08/04/09

10/21/09

78

Daniel M. Ashe

Dir. – U.S. Fish and Wildlife Service

12/06/10

Returned 12/22/10a

Tracie Stevens

Chair – National Indian Gaming Commission

04/29/10

06/22/10

54

Mean number of days to confirm a nomination

56.9

Median number of days to confirm a nomination

56.0

a. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.


Department of Justice (DOJ)

Table 20. Full-time PAS Positions, as of the End of the 111th Congress

Positiona

Incumbent

Pay level

Attorney General

Eric H. Holder Jr.

I

Deputy Attorney General

James M. Cole

II

Inspector Generalb

Glenn A. Fine

III + 3%c

Director – Bureau of Alcohol, Tobacco, Firearms and Explosivesd

Kenneth E. Melson (A)

III

Director – Federal Bureau of Investigatione

Robert S. Mueller III

II

Administrator – Drug Enforcement

Michele M. Leonhart (A)f

III

Associate Attorney General

Thomas J. Perrelli

III

Solicitor General

Neal Katyal (A)

III

Assistant Attorney General – Antitrust Division

Christine A. Varney

IV

Assistant Attorney General – Civil Division

Tony West

IV

Assistant Attorney General – Civil Rights Division

Thomas E. Perez

IV

Assistant Attorney General – Criminal Division

Lanny A. Breuer

IV

Assistant Attorney General – Environment and Natural Resources Division

Ignacia S. Moreno

IV

Assistant Attorney General – Legislative Affairs

Ronald H. Weich

IV

Assistant Attorney General – National Security Division

David S. Kris

IV

Assistant Attorney General – Office of Justice Programs

Laurie O. Robinson

IV

Assistant Attorney General – Office of Legal Counsel

Jonathan G. Cedarbaum (A)

IV

Assistant Attorney General – Office of Legal Policy

Christopher H. Schroeder

IV

Assistant Attorney General – Tax Division

John A. DiCicco (A)

IV

Administrator – Office of Juvenile Justice and Delinquency Prevention

Jeffrey W. Slowikowski (A)

IV

Deputy Administrator – Drug Enforcement Administration

Michele M. Leonhart

IV

Director – Bureau of Justice Assistance

James H. Burch II (A)

IV

Director – Bureau of Justice Statistics

James P. Lynch

IV

Director – Community Relations Serviceg

Becky Monroe (A)

IV

Director – National Institute of Justice

John H. Laub

IV

Director – Office for Victims of Crime

Joye E. Frost (A)

IV

Director – U.S. Marshals Service

Stacia A. Hylton

IV

Special Counsel – Immigration-Related Unfair Employment Practicesh

Vacant

i

Director – Violence Against Women Office

Susan B. Carbon

V

a. Positions in this column do not include the U.S. attorney and U.S. marshal positions. The position of chief financial officer (CFO) is also not listed here. Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed CFOs 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, which 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.

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

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

d. Beginning in 2006, the position of Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives was to be filled through appointments by the President with the advice and consent of the Senate (P.L. 109-177, Title V §504 (120 Stat. 247), enacted March 9, 2006). As of the end of the 111th Congress, the position had not been filled through this manner but did have an Acting Director, as noted in the table.

e. This position has a 10-year term. See 28 U.S.C. §532 note.

f. Leonhardt was confirmed on December 22, 2010 and was sworn in on December 30, 2010, after the end of the 111th Congress.

g. This position has a four-year term. See 42 U.S.C. §2000g.

h. This position has a four-year term. See 8 U.S.C. §1324b(c)(1).

i. "The Special Counsel for Immigration-Related Unfair Employment Practices is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule," under 8 U.S.C. §1324b(c)(3).

Table 21. DOJ Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Eric H. Holder Jr.

Attorney General

01/20/09

02/02/09

13

Elena Kagan

Solicitor General

01/26/09

03/19/09

52

David W. Ogden

Deputy Atty. General

01/26/09

03/12/09

45

Thomas J. Perrelli

Associate Atty. General

01/30/09

03/12/09

41

David S. Kris

Asst. Atty. General – National Security Division

02/11/09

03/25/09

42

Dawn E. Johnsen

Asst. Atty. General – Office of Legal Counsel

02/11/09

Returned 12/24/09a

Lanny A. Breuer

Asst. Atty. General – Criminal Division

02/23/09

04/20/09

56

Christine A. Varney

Asst. Atty. General – Antitrust Division

02/23/09

04/20/09

56

Tony West

Asst. Atty. General – Civil Division

02/25/09

04/20/09

54

Ronald H. Weich

Asst. Atty. General – Legislative Affairs

03/18/09

04/29/09

42

Thomas E. Perez

Asst. Atty. General – Civil Rights Division

03/31/09

10/06/09

189

Mary L. Smith

Asst. Atty. General – Tax Division

04/20/09

Returned 12/24/09a

Christopher H. Schroeder

Asst. Atty. General – Office of Legal Policy

06/04/09

Returned 12/24/09a

Ignacia S. Moreno

Asst. Atty. General – Environment and Natural Resources Division

06/08/09

11/05/09

150

Laurie O. Robinson

Asst. Atty. General – Office of Justice Programs

09/14/09

11/05/09

52

Stacia A. Hylton

Dir. – U.S. Marshals Service

09/20/10

12/22/10

93

Susan B. Carbon

Dir. – Violence Against Women Office

10/05/09

02/11/10

129

John H. Laub

Dir. – National Institute of Justice

10/05/09

06/22/10

260

James P. Lynch

Dir. – Bureau of Justice Statistics

10/29/09

06/22/10

236

Beatrice A. Hanson

Dir. – Office for Victims of Crime

12/23/09

Withdrawn 12/20/10

Mary L. Smith

Asst. Atty. General – Tax Division

01/20/10

Returned 08/05/10b

Christopher H. Schroeder

Asst. Atty. General – Office of Legal Policy

01/20/10

04/21/10

91

Dawn E. Johnsen

Asst. Atty. General – Office of Legal Counsel

01/20/10

Withdrawn 04/12/10

Michele M. Leonhart

Deputy Admin. – Drug Enforcement Administration

02/02/10

12/22/10

323

James M. Cole

Deputy Atty. General

05/24/10

Returned 12/22/10c

Andrew L. Traver

Dir. – Bureau of Alcohol, Tobacco, Firearms and Explosives

11/17/10

Returned 12/22/10c

Denise E. O'Donnell

Dir. – Bureau of Justice Assistance

12/13/10

Returned 12/22/10c

James M. Cole

Deputy Atty. General

Recess appointment 12/29/10d

Mean number of days to confirm a nomination

106.9

Median number of days to confirm a nomination

56.0

a. Returned to the President at the end of the first session of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. Returned to the President at the beginning of a Senate recess of more than 30 days under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

d. Cole's recess appointment expired at the end of the first session of the 112th Congress.

Department of Labor (DOL)

Table 22. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Hilda L. Solis

I

Deputy Secretary

Seth D. Harris

II

Inspector Generala

Daniel Petrole (A)

III + 3%b

Assistant Secretary – Administration and Management

T. Michael Kerr

IV

Assistant Secretary – Congressional and Intergovernmental Affairs

Brian V. Kennedy

IV

Assistant Secretary – Disability Employment Policy

Kathleen Martinez

IV

Assistant Secretary – Employee Benefits Security Administration

Phyllis C. Borzi

IV

Assistant Secretary – Employment and Training Administration

Jane Oates

IV

Assistant Secretary – Mine Safety and Health Administration

Joseph A. Main

IV

Assistant Secretary – Occupational Safety and Health Administration

David M. Michaels

IV

Assistant Secretary – Policy

William E. Spriggs

IV

Assistant Secretary – Public Affairs

Vacant

IV

Assistant Secretary – Veterans' Employment and Training Service

Raymond M. Jefferson

IV

Chief Financial Officerc

James L. Taylor

IV

Commissioner – Bureau of Labor Statisticsd

Keith D. Hall

IV

Solicitor

M. Patricia Smith

IV

Administrator – Wage and Hour Division

Vacant

V

Director – Women's Bureaue

Sara Manzano-Díaz

f

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

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

c. The chief financial officer (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)). Taylor was confirmed as DOL's CFO.

d. This position has a four-year term (29 U.S.C. §3).

e. By statute, the incumbent must be a woman (29 U.S.C. §12).

f. According to the 2012 edition of the Plum Book, the Director of the Women's Bureau was a Senior Level position (p. 99). With regard to pay for such positions, the Plum Book states, "The minimum pay for SL [Senior Level] positions is 120 percent of the rate of basic pay for GS-15, step 1. For agencies without a certified performance appraisal system, SL members' pay may not exceed the rate payable for level III of the Executive Schedule. For agencies with a certified performance appraisal system, SL members' pay may not exceed the rate payable for level II of the Executive Schedule. SL members are not entitled to locality-based comparability payments" (p. 204). The Department of Labor received certification from the Office of Personnel Management for its performance appraisal system during the period covered by this report. See also 5 U.S.C. §5376 and 5 U.S.C. §5304(g)(2).

Table 23. DOL Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Hilda L. Solis

Secretary

01/20/09

02/24/09

35

Seth D. Harris

Deputy Secy.

03/03/09

05/21/09

79

Brian V. Kennedy

Asst. Secy. – Congressional and Intergovernmental Affairs

03/19/09

05/01/09

43

T. Michael Kerr

Asst. Secy. – Administration and Management

03/26/09

05/01/09

36

M. Patricia Smith

Solicitor

04/20/09

02/04/10

290

Kathleen Martinez

Asst. Secy. – Disability Employment Policy

04/20/09

06/25/09

66

Phyllis C. Borzi

Asst. Secy. – Employee Benefits Security Administration

04/27/09

07/10/09

74

Jane Oates

Asst. Secy. – Employment and Training Administration

05/06/09

06/19/09

44

Lorelei Boylan

Admin. – Wage and Hour Division

05/11/09

Withdrawn 10/13/09

Raymond M. Jefferson

Asst. Secy. – Veterans' Employment and Training Service

06/03/09

08/07/09

35

William E. Spriggs

Asst. Secy. – Policy

06/09/09

10/21/09

79

Joseph A. Main

Asst. Secy. – Mine Safety and Health Administration

07/06/09

10/21/09

43

David M. Michaels

Asst. Secy. – Occupational Safety and Health Administration

08/05/09

12/03/09

36

Sara Manzano-Díaz

Dir. – Women's Bureau

10/01/09

02/11/10

290

James L. Taylor

Chief Financial Officer

03/03/10

06/22/10

66

Paul M. Tiao

Inspector General

05/27/10

Returned 12/22/10a

Leon Rodriguez

Admin. – Wage and Hour Division

12/03/10

Returned 12/22/10a

Mean number of days to confirm a nomination

95.5

Median number of days to confirm a nomination

76.5

a. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Department of State (DOS)

Table 24. Full-time PAS Positions, as of the End of the 111th Congress

Positiona

Incumbent

Pay level

Secretary

Hillary R. Clinton

I

Deputy Secretary

James B. Steinberg

II

Deputy Secretary – Management and Resourcesb

Thomas R. Nides

II

Inspector Generalc

Harold W. Geisel (A)

III + 3%d

Under Secretary – Arms Control and International Security

Ellen O. Tauscher

III

Under Secretary – Economic Growth, Energy, and Agricultural Affairs

Robert D. Hormats

III

Under Secretary – Democracy and Global Affairs

María Otero

III

Under Secretary – Management

Patrick F. Kennedy

III

Under Secretary – Political Affairs

William J. Burns

III

Under Secretary – Public Diplomacy and Public Affairs

Judith A. McHale

III

Ambassador-at-Large – Global Women's Issuese

Melanne Verveer

IV

Ambassador-at-Large – International Religious Freedom

Vacant

IV

Ambassador-at-Large/Director – Office to Monitor and Combat Trafficking in Persons

Luis CdeBaca/Luis C. de Bacaf

IV

Ambassador-at-Large – War Crimes Issues

Stephen J. Rapp

IV

Ambassador-at-Large/Coordinator – Counterterrorism

Daniel S. Benjamin

IV

Coordinator – U.S. Global AIDS

Eric Goosby

IV

Chief of Protocol

Capricia P. Marshall

IV

Assistant Secretary – Administration

Vacant

IV

Assistant Secretary – African Affairs

Johnnie Carson

IV

Assistant Secretary – Arms Control, Verification and Compliance

Rose E. Gottemoeller

IV

Assistant Secretary – Consular Affairs

Janice L. Jacobs

IV

Assistant Secretary – Democracy, Human Rights, and Labor

Michael H. Posner

IV

Assistant Secretary – Diplomatic Security/Director – Office of Foreign Missiong

Eric J. Boswell

IV

Assistant Secretary – East Asian and Pacific Affairs

Kurt M. Campbell

IV

Assistant Secretary – Economic, Energy, and Business Affairs

Jose W. Fernandez

IV

Assistant Secretary – Educational and Cultural Affairs

J. Ann S. Stock

IV

Assistant Secretary – European and Eurasian Affairs

Philip H. Gordon

IV

Assistant Secretary – Intelligence and Research

Philip S. Goldberg

IV

Assistant Secretary – International Narcotics and Law Enforcement Affairs

William R. Brownfield

IV

Assistant Secretary – International Organizations Affairs

Esther Brimmer

IV

Assistant Secretary – International Security and Nonproliferation

Vann H. Van Diepen (A)

IV

Assistant Secretary – Legislative Affairs

Richard R. Verma

IV

Assistant Secretary – Near Eastern Affairs

Jeffrey D. Feltman

IV

Assistant Secretary – Oceans and International Environmental and Scientific Affairs

Kerri-Ann Jones

IV

Assistant Secretary – Political-Military Affairs

Andrew J. Shapiro

IV

Assistant Secretary – Population, Refugees, and Migration

Eric P. Schwartz

IV

Assistant Secretary – Public Affairs

Philip J. Crowley

IV

Assistant Secretary – Resource Management/Chief Financial Officerh

Vacant

IV

Assistant Secretary – South and Central Asian Affairs

Robert O. Blake Jr.

IV

Assistant Secretary – Western Hemisphere Affairs

Arturo A. Valenzuela

IV

Director General – Foreign Servicei

Nancy J. Powell

IV

Legal Adviser

Harold H. Koh

IV

International Organizations

 

 

U.S. Representative – United Nations (U.N.)

Susan E. Rice

II

U.S. Representative – Organization of American States

Carmen Lomellin

j

U.S. Deputy Representative – U.N.

Rosemary A. DiCarlo

k

U.S. Representative – Economic and Social Council – U.N.

Frederick D. Barton

k

U.S. Representative – Management and Reform – U.N.

Joseph H. Melrose (A)

k

U.S. Alternate Representative – Special Political Affairs – U.N.

Brooke D. Anderson

k

a. The positions in this column do not include chiefs of mission in overseas posts or Foreign Service officers. In addition, certain officers of the State Department may be required to have certain qualifications. See 22 U.S.C. §2651a(g).

b. The position of Deputy Secretary for Management and Resources in the Department of State was established by P.L. 106-553, §404(a) (114 Stat. 2762A-96), enacted December 21, 2000. It was filled for the first time in the 111th Congress.

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

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

e. President Obama announced the creation of this position on March 6, 2009.

f. Luis CdeBaca's name is listed as Luis C. de Baca in the Senate nominations database of the Legislative Information System (LIS).

g. From 1998 through the Boswell confirmation, each time an individual has been nominated to and confirmed for the position of Assistant Secretary for Diplomatic Security, the individual has simultaneously been nominated to and confirmed for the position of Director of Foreign Missions.

h. 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.

i. By law, incumbent must be a current or former career member of the Foreign Service (22 U.S.C. §3928).

j. The salary for the U.S. Representative to the Organization of the American States is linked to the pay for chiefs of mission.

k. The salaries for these positions within the U.N. are administratively determined.

Table 25. DOS Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Hillary R. Clinton

Secretary

01/20/09

01/21/09

1

Susan E. Rice

U.S. Rep. – U.N.

01/20/09

01/22/09

2

Jacob J. Lew

Deputy Secy. – Management and Resources

01/20/09

01/28/09

8

James B. Steinberg

Deputy Secy.

01/20/09

01/28/09

8

Richard R. Verma

Asst. Secy. – Legislative Affairs

03/11/09

04/03/09

23

Esther Brimmer

Asst. Secy. – International Organizations Affairs

03/11/09

04/03/09

23

Philip H. Gordon

Asst. Secy. – European and Eurasian Affairs

03/11/09

05/14/09

64

Melanne Verveer

Amb.-at-Large – Global Women's Issues

03/11/09

04/03/09

23

Rose E. Gottemoeller

Asst. Secy. – Arms Control, Verification and Compliance

03/17/09

04/03/09

17

Harold H. Koh

Legal Adviser

03/23/09

06/25/09

94

Johnnie Carson

Asst. Secy. – African Affairs

03/23/09

05/06/09

44

Luis CdeBaca/Luis C. de Bacaa

Amb.-at-Large/Dir. – Office to Monitor and Combat Trafficking in Persons

03/26/09

05/06/09

41

Judith A. McHale

Under Secy. – Public Diplomacy and Public Affairs

04/20/09

05/21/09

31

Jeffrey D. Feltman

Asst. Secy. – Near Eastern Affairs

04/20/09

08/07/09

109

Philip J. Crowley

Asst. Secy. – Public Affairs

04/20/09

05/21/09

31

Kurt M. Campbell

Asst. Secy. – East Asian and Pacific Affairs

04/27/09

06/25/09

59

Daniel S. Benjamin

Amb.-at-Large/Coordinator – Counterterrorism

04/27/09

05/21/09

24

Robert O. Blake Jr.

Asst. Secy. – South and Central Asian Affairs

04/27/09

05/21/09

24

Eric Goosby

Coordinator – U.S. Global AIDS

04/29/09

06/19/09

51

Eric P. Schwartz

Asst. Secy. – Population, Refugees, and Migration

05/06/09

06/19/09

44

Andrew J. Shapiro

Asst. Secy. – Political-Military Affairs

05/06/09

06/19/09

44

Ellen O. Tauscher

Under Secy. – Arms Control and International Security

05/06/09

06/25/09

50

Capricia P. Marshall

Chief of Protocol

05/14/09

07/31/09

78

Nancy J. Powell

Dir. Gen. – Foreign Service

05/21/09

07/31/09

71

Arturo A. Valenzuela

Asst. Secy. – Western Hemisphere Affairs

06/08/09

11/05/09

150

María Otero

Under Secy. – Democracy and Global Affairs

06/09/09

08/07/09

59

Kerri-Ann Jones

Asst. Secy. – Oceans and International Environmental and Scientific Affairs

06/25/09

08/07/09

43

Michael H. Posner

Asst. Secy. – Democracy, Human Rights, and Labor

07/07/09

9/22/09

77

Stephen J. Rapp

Amb.-at-Large – War Crimes Issues

07/07/09

08/04/09

28

Robert D. Hormats

Under Secy. – Economic, Energy, and Agricultural Affairsb

07/20/09

09/22/09

64

Jose W. Fernandez

Asst. Secy. – Economic, Energy, and Business Affairs

08/06/09

11/20/09

106

Frederick D. Barton

U.S. Rep. – Economic and Social Council – U.N.

09/15/09

11/20/09

66

Carmen Lomellin

U.S. Rep. – Organization of American States

09/15/09

11/20/09

66

Jide J. Zeitlin

U.S. Rep. – Management and Reform – U.N.

09/24/09

Withdrawn 01/21/10

Philip S. Goldberg

Asst. Secy. – Intelligence and Research

10/26/09

02/09/10

106

Brooke D. Anderson

U.S. Alt. Rep. – Special Political Affairs – U.N.

12/03/09

03/10/10

97

Rosemary A. DiCarlo

U.S. Deputy Rep. – U.N.

12/03/09

03/10/10

97

J. Ann S. Stock

Asst. Secy. – Educational and Cultural Affairs

12/04/09

06/22/10

200

Suzan D. J. Cook

Amb.-at-Large – International Religious Freedom

06/16/10

Returned 12/22/10c

William R. Brownfield

Asst. Secy. – International Narcotics and Law Enforcement Affairs

09/23/10

12/22/10

90

Thomas R. Nides

Deputy Secy. – Management and Resources

09/29/10

12/22/10

84

Joseph M. Torsella

U.S. Rep. – Management and Reform – U.N.

11/17/10

Returned 12/22/10c

Mean number of days to confirm a nomination

58.9

Median number of days to confirm a nomination

51.0

a. Luis CdeBaca's name is listed as Luis C. de Baca in the Senate nominations database of the Legislative Information System (LIS).

b. On December 8, 2011, the State Department announced that the Office of the Under Secretary for Economic, Energy, and Agricultural Affairs would be renamed the Office of the Under Secretary for Economic Growth, Energy, and Agricultural Affairs.

c. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.


Department of Transportation (DOT)

Table 26. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Ray LaHood

I

Deputy Secretary

John D. Porcari

II

Under Secretary – Policy

Roy W. Kienitz

II

Administrator – Federal Aviation Administrationa

J. Randolph Babbitt

II

Administrator – Federal Highway Administration

Victor M. Mendez

II

Inspector Generalb

Calvin Scovel

III + 3%c

Administrator – Federal Motor Carrier Safety Administration

Anne S. Ferro

III

Administrator – Federal Railroad Administration

Joseph C. Szabo

III

Administrator – Federal Transit Administration

Peter M. Rogoff

III

Administrator – Maritime Administration

David T. Matsuda

III

Administrator – National Highway Traffic Safety Administration

David L. Strickland

III

Administrator – Pipeline and Hazardous Materials Safety Administration

Cynthia L. Quarterman

III

Administrator – Research and Innovative Technology Administration

Peter H. Appel

III

Administrator – Saint Lawrence Seaway Development Corporationd

Collister Johnson Jr.

IV

Assistant Secretary – Aviation and International Affairs

Susan L. Kurland

IV

Assistant Secretary – Budget and Programs/Chief Financial Officere

Christopher P. Bertram

IV

Assistant Secretary – Governmental Affairs

Dana G. Gresham

IV

Assistant Secretary – Transportation Policy

Polly Trottenberg

IV

Deputy Administrator – Federal Aviation Administrationf

Michael P. Huerta

IV

General Counsel

Robert S. Rivkin

IV

a. This position has a five-year term and specified qualifications. See 49 U.S.C. §106.

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

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

d. This position has a seven-year term. See 33 U.S.C. §982(a).

e. 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)). Bertram was confirmed as Assistant Secretary for Budget and Programs and designated to serve as CFO.

f. This position has specified qualifications. See 49 U.S.C. §106.

Table 27. DOT Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Ray LaHood

Secretary

01/20/09

01/22/09

2

Dana G. Gresham

Asst. Secy. – Governmental Affairs

03/10/09

04/29/09

50

Roy W. Kienitz

Under Secy. – Policy

03/16/09

04/29/09

44

Joseph C. Szabo

Admin. – Federal Railroad Administration

03/26/09

04/29/09

34

Peter H. Appel

Admin. – Research and Innovative Technology

04/20/09

04/29/09

9

Robert S. Rivkin

General Counsel

04/20/09

04/29/09

9

Victor M. Mendez

Admin. – Federal Highway Administration

04/23/09

07/10/09

78

John D. Porcari

Deputy Secy.

04/27/09

05/21/09

24

Peter M. Rogoff

Admin. – Federal Transit Administration

04/29/09

05/21/09

22

J. Randolph Babbitt

Admin. – Federal Aviation Administration

05/11/09

05/21/09

10

Polly Trottenberg

Asst. Secy. – Transportation Policy

06/08/09

07/24/09

46

Susan L. Kurland

Asst. Secy. – Aviation and International Affairs

07/07/09

08/07/09

31

Christopher P. Bertram

Asst. Secy. – Budget and Programs/Chief Financial Officer

07/09/09

08/07/09

29

Anne S. Ferro

Admin. – Federal Motor Carrier Safety Administration

07/16/09

11/05/09

112

Cynthia L. Quarterman

Admin. – Pipeline and Hazardous Materials Safety Administration

09/15/09

11/05/09

51

David L. Strickland

Admin. – National Highway Traffic Safety Administration

12/04/09

12/24/09

20

Michael P. Huerta

Deputy Admin. – Federal Aviation Administration

12/08/09

06/23/10

197

David T. Matsuda

Admin. – Maritime Administration

12/17/09

06/22/10

187

Mean number of days to confirm a nomination

53.1

Median number of days to confirm a nomination

32.5


Department of the Treasury (TREAS)

Table 28. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Timothy F. Geithner

I

Deputy Secretary

Neal S. Wolin

II

Inspector Generala

Eric M. Thorson

III + 3%b

Inspector General – Tax Administrationa

J. Russell George

III + 3%b

Special Inspector General – Troubled Asset Relief Programa

Neil M. Barofsky

III + 3%b

Commissioner of Internal Revenuec

Douglas H. Shulman

III

Comptroller of the Currencyd

John G. Walsh (A)

III

Director – Office of Thrift Supervisione

John E. Bowman (A)

III

Under Secretary – Domestic Finance

Jeffrey A. Goldstein

III

Under Secretary – Terrorism and Financial Intelligencef

Stuart A. Levey

III

Under Secretary – International Affairs

Lael Brainard

III

Assistant Secretary – Economic Policy

Vacant

IV

Assistant Secretary – Financial Institutions

Vacant

IV

Assistant Secretary – Financial Markets

Mary J. Miller

IV

Assistant Secretary – Financial Stability

Timothy Massad (A)

IV

Assistant Secretary – Intelligence and Analysis

S. Leslie Ireland

IV

Assistant Secretary – International Financeg

Charles Collyns

IV

Assistant Secretary – International Markets and Development

Marisa Lago

IV

Assistant Secretary – Legislative Affairsg

Kim N. Wallace

IV

Assistant Secretary – Management/Chief Financial Officerh

Daniel M. Tangherlini

IV

Assistant Secretary – Public Affairs

Vacant

IV

Assistant Secretary – Tax Policy

Michael F. Mundaca

IV

Assistant Secretary – Terrorist Financing

David S. Cohen

IV

General Counsel

George W. Madison

IV

Chief Counsel – Internal Revenue Service/Assistant General Counsel for Tax

William J. Wilkins

V

Director of the Minti

Edmund C. Moy

SLj

Treasurer of the United States

Rosa G. Rios

SLj

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

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

c. This position has a five-year term and specified qualifications (26 U.S.C. §7803(a)(1)).

d. This position has a five-year term and a limitation on the President's removal power (12 U.S.C. §2).

e. This position had a five-year term and specified qualifications. See 12 U.S.C. §1462a(c). The Dodd-Frank Wall Street Reform and Consumer Protect Act (P.L. 111-203), which was enacted during the 111th Congress, provided for the abolishment of the Office of Thrift Supervision and this position. This provision did not take effect until after the end of the 111th Congress, however.

f. The position of Under Secretary for Terrorism and Financial Crimes (called Under Secretary for Terrorism and Financial Intelligence) was established by P.L. 108-447, Division H, Title II, §222 (118 Stat. 3242). The Under Secretary was the successor office to the Office of Enforcement, and the incumbent in that office, Stuart A. Levey, continued to serve.

g. The U.S. Code provides that the department has two deputy under secretaries appointed by the President with the advice and consent of the Senate. "When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary" (31 U.S.C. §301(d)). In each of these two cases, the President did so.

h. 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)). Tangherlini was confirmed as Assistant Secretary for Management and also confirmed as CFO.

i. The position has a five-year term and a limitation on the President's removal power. See 31 U.S.C. §304(b).

j. According to the 2012 edition of the Plum Book, the Director of the United States Mint and the Treasurer of the United States were both Senior Level positions (p. 126). With regard to pay for such positions, the Plum Book states, "The minimum pay for SL [Senior Level] positions is 120 percent of the rate of basic pay for GS-15, step1. For agencies without a certified performance appraisal system, SL members' pay may not exceed the rate payable for level III of the Executive Schedule. For agencies with a certified performance appraisal system, SL members' pay may not exceed the rate payable for level II of the Executive Schedule. SL members are not entitled to locality-based comparability payments" (p. 204).The Department of the Treasury received certification from the Office of Personnel Management for its performance appraisal system during the period covered by this report. See also 5 U.S.C. §5376 and 5 U.S.C. §5304(g)(2).

Table 29. TREAS Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Timothy F. Geithner

Secretary

01/20/09

01/26/09

6

David S. Cohen

Asst. Secy. – Terrorist Financing

03/10/09

05/01/09

52

Alan B. Krueger

Asst. Secy. – Economic Policy

03/10/09

05/06/09

57

Kim N. Wallace

Asst. Secy. – Legislative Affairs

03/16/09

07/24/09

130

Lael Brainard

Under Secy. – International Affairs

03/23/09

04/20/10

393

George W. Madison

General Counsel

04/20/09

09/08/09

141

Neal S. Wolin

Deputy Secy.

04/20/09

05/18/09

28

Michael S. Barr

Asst. Secy. – Financial Institutions

05/01/09

05/21/09

20

Herbert M. Allison Jr.

Asst. Secy. – Financial Stability

05/01/09

06/19/09

49

William J. Wilkins

Chief Counsel – Internal Revenue Service/Asst. General Counsel for Tax

05/12/09

07/24/09

73

Rosa G. Rios

Treasurer of the United States

05/18/09

07/24/09

67

Daniel M. Tangherlini

Asst. Secy. – Management

06/03/09

07/24/09

51

Daniel M. Tangherlini

Chief Financial Officer

06/03/09

07/24/09

51

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

07/22/09

Returned 08/05/10a

Marisa Lago

Asst. Secy. – International Markets and Development

09/25/09

02/11/10

139

Charles Collyns

Asst. Secy. – International Finance

10/05/09

02/11/10

129

Mary J. Miller

Asst. Secy. – Financial Markets

10/06/09

02/11/10

128

Michael F. Mundaca

Asst. Secy. – Tax Policy

10/06/09

Returned 12/22/10b

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

Recess appointment 03/27/10c

Michael F. Mundaca

Asst. Secy. – Tax Policy

Recess appointment 03/27/10c

S. Leslie Ireland

Asst. Secy. – Intelligence and Analysis

04/12/10

06/30/10

79

Michael F. Mundacad

Asst. Secy. – Tax Policy

04/21/10

Returned 12/22/10b

Jeffrey A. Goldsteine

Under Secy. – Domestic Finance

04/21/10

Returned 08/05/10a

Jeffrey A. Goldsteine

Under Secy. – Domestic Finance

09/13/10

Returned 12/22/10b

Mean number of days to confirm a nomination

96.4

Median number of days to confirm a nomination

70.0

a. Returned to the President at the beginning of a Senate recess of more than 30 days under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. Returned to the President at the end of the 111th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c. The recess appointments of Goldstein and Mundaca expired at the end of the first session of the 112th Congress.

d. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Mundaca on October 6, 2009, recess-appointed him on March 27, 2010, then sent another nomination following the recess on April 21, 2010.

e. When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an earlier nomination is pending, in compliance with 5 U.S.C. §5503. In this case, the President nominated Goldstein on July 22, 2009, recess-appointed him on March 27, 2010, then submitted another nomination following the recess on April 21, 2010. However, both nominations were returned to the President at the beginning of August recess in 2010, under provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Therefore, the President submitted another nomination for Goldstein on September 13, 2010, following the conclusion of that recess.


Department of Veterans Affairs (DVA)

Table 30. Full-time PAS Positions, as of the End of the 111th Congress

Position

Incumbent

Pay level

Secretary

Eric K. Shinseki

I

Deputy Secretary

W. Scott Gould

II

Inspector Generala

George J. Opfer

III + 3%b

Under Secretary – Benefits

Michael Walcoff (A)

III

Under Secretary – Health

Robert A. Petzel

III

Under Secretary – Memorial Affairs

Steve L. Muro (A)

III

Assistant Secretary – Congressional and Legislative Affairs

Joan M. Evans/Joan M. Mooneyc

IV

Assistant Secretary – Human Resources and Administration

John U. Sepúlveda

IV

Assistant Secretary – Information and Technology

Roger W. Baker

IV

Assistant Secretary – Management/Chief Financial Officerd

W. Todd Grams (A)

IV

Assistant Secretary – Operations, Security and Preparedness

Jose D. Riojas

IV

Assistant Secretary – Policy and Planning

Raul Perea-Henze

IV

Assistant Secretary – Public and Intergovernmental Affairs

L. Tammy Duckworth

IV

Chairman – Board of Veterans' Appealse

James P. Terry

IV

General Counsel

William A. Gunn

IV

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

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

c. Evans later became known as Joan M. Mooney.

d. 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)). Department representatives have indicated that the positions were combined as noted in the table.

e. This position has a six-year term and limitations on the President's removal power. See 38 U.S.C. §7101(b).

Table 31. DVA Appointment Action During the 111th Congress

Nominee

Position

Nominated

Confirmed

Days to confirm

Eric K. Shinseki

Secretary

01/20/09

01/20/09

0

W. Scott Gould

Deputy Secy.

03/11/09

04/03/09

23

L. Tammy Duckworth

Asst. Secy. – Public and Intergovernmental Affairs

03/16/09

04/22/09

37

John U. Sepúlveda

Asst. Secy. – Human Resources and Administration

04/02/09

05/18/09

46

Jose D. Riojas

Asst. Secy. – Operations, Security, and Preparedness

04/20/09

05/18/09

28

William A. Gunn

General Counsel

04/20/09

05/18/09

28

Roger W. Baker

Asst. Secy. – Information and Technology

04/20/09

05/18/09

28

Joan M. Evans/Joan M. Mooneya

Asst. Secy. – Congressional and Legislative Affairs

06/23/09

08/07/09

45

Raul Perea-Henze

Asst. Secy. – Policy and Planning

11/09/09

03/19/10

130

Robert A. Petzel

Under Secy. – Health

11/18/09

02/11/10

85

Mean number of days to confirm a nomination

45.0

Median number of days to confirm a nomination

32.5

a. Evans later became known as Joan M. Mooney.

Appendix A. Presidential Nominations, 111th Congress

Table A-1. Presidential Appointments to Full-Time Positions in Executive Departments, 111th Congress

Nominee

Position

Department

Nomination date

Confirmation date

Days to confirm

Robert V. Abbey

Dir. – Bureau of Land Management

DOI

06/10/09

08/07/09

58

Jonathan S. Adelstein

Admin. – Rural Utilities Services

USDA

04/21/09

07/24/09

94

Russlynn Ali

Asst. Secy. – Civil Rights

ED

03/18/09

05/01/09

44

Herbert M. Allison Jr.

Asst. Secy. – Financial Stability

TREAS

05/01/09

06/19/09

49

Brooke D. Anderson

U.S. Alt. Rep. – Special Political Affairs – U.N.

DOS

12/03/09

03/10/10

97

James F. Amos

Commandant – Marine Corps – Joint Chiefs of Staff

DOD

07/21/10

09/29/10

70

Peter H. Appel

Admin. – Research and Innovative Technology

DOT

04/20/09

04/29/09

9

Daniel M. Ashe

Dir. – U.S. Fish and Wildlife Service

DOI

12/06/10

Returned 12/22/10

Edward M. Avalos

Under Secy. – Marketing and Regulatory Programs

USDA

06/18/09

10/08/09

112

Anthony M. Babauta

Asst. Secy. – Insular Affairs

DOI

07/06/09

09/10/09

66

J. Randolph Babbitt

Admin. – Federal Aviation Administration

DOT

05/11/09

05/21/09

10

Roger W. Baker

Asst. Secy. – Information and Technology

DVA

04/20/09

05/18/09

28

Michael S. Barr

Asst. Secy. – Financial Institutions

TREAS

05/01/09

05/21/09

20

Frederick D. Barton

U.S. Rep. – Economic and Social Council – U.N.

DOS

09/15/09

11/20/09

66

Rand Beers

Under Secy. – National Protection and Programs Directorate

DHS

04/20/09

06/19/09

60

Regina M. Benjamin

Surgeon General

HHS

07/22/09

10/29/09

99

Daniel S. Benjamin

Amb.-at-Large/Coordinator – Counterterrorism

DOS

04/27/09

05/21/09

24

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

DHS

09/29/09

Returned 08/05/10

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

DHS

Recess appointment 03/27/10

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

DHS

04/21/10

Returned 08/05/10

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

DHS

09/13/10

Returned 12/22/10

Christopher P. Bertram

Asst. Secy. – Budget and Programs/Chief Financial Officer

DOT

07/09/09

08/07/09

29

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

HHS

04/19/10

Returned 08/05/10

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

HHS

Recess appointment 07/07/10

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

HHS

07/19/10

Returned 08/05/10

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

HHS

09/13/10

Returned 12/22/10

Robert O. Blake Jr.

Asst. Secy. – South and Central Asian Affairs

DOS

04/27/09

05/21/09

24

Charles A. Blanchard

General Counsel – Air Force

DOD

04/30/09

05/18/09

18

Rebecca M. Blank

Under Secy. – Economic Affairs

DOC

04/28/09

05/21/09

23

Rafael Borras

Under Secy. – Management

DHS

07/06/09

Returned 12/22/10

Rafael Borras

Under Secy. – Management

DHS

Recess appointment 03/27/10

Rafael Borras

Under Secy. – Management

DHS

04/21/10

Returned 12/22/10a

Phyllis C. Borzi

Asst. Secy. – Employee Benefits Security Administration

DOL

04/27/09

07/10/09

74

Raphael W. Bostic

Asst. Secy. – Policy Development and Research

HUD

04/20/09

07/10/09

81

April S. Boyd

Asst. Secy. – Legislative and Intergovernmental Affairs

DOC

03/19/09

04/29/09

41

Lorelei Boylan

Admin. – Wage and Hour Division

DOL

05/11/09

Withdrawn 10/13/09

Lael Brainard

Under Secy. – International Affairs

TREAS

03/23/09

04/20/10

393

Lanny A. Breuer

Asst. Atty. General – Criminal Division

DOJ

02/23/09

04/20/09

56

Esther Brimmer

Asst. Secy. – International Organizations Affairs

DOS

03/11/09

04/03/09

23

William F. Brinkman

Dir. – Office of Science

DOE

04/27/09

06/19/09

53

William R. Brownfield

Asst. Secy. – International Narcotics and Law Enforcement Affairs

DOS

09/23/10

12/22/10

90

Sean P. Buckley

Commissioner – Education Statistics

ED

07/12/10

12/22/10

163

Sharon E. Burke

Dir. – Operational Energy Plans and Programs

DOD

12/11/09

06/22/10

193

Kurt M. Campbell

Asst. Secy. – East Asian and Pacific Affairs

DOS

04/27/09

06/25/09

59

Michael C. Camuñez

Asst. Secy. – Market Access and Compliance

DOC

03/02/10

09/16/10

198

Susan B. Carbon

Dir. – Violence Against Women Office

DOJ

10/05/09

02/11/10

129

Johnnie Carson

Asst. Secy. – African Affairs

DOS

03/23/09

05/06/09

44

Ashton B. Carter

Under Secy. – Acquisition, Technology, and Logistics

DOD

03/18/09

04/23/09

36

James E. Cartwright

Vice Chairman – Joint Chiefs of Staff

DOD

04/20/09

07/31/09

102

Anne J. Castle

Asst. Secy. – Water and Science

DOI

04/27/09

06/19/09

53

Luis Cdebaca (C. de Baca)

Amb.-at-Large/Dir. – Office to Monitor and Combat Trafficking in Persons

DOS

03/26/09

05/06/09

41

Steven Chu

Secretary

DOE

01/20/09

01/20/09

0

Hillary R. Clinton

Secretary

DOS

01/20/09

01/21/09

1

Kelvin J. Cochran

Admin. – U.S. Fire Administration – FEMA

DHS

07/28/09

08/07/09

10

David S. Cohen

Asst. Secy. – Terrorist Financing

TREAS

03/10/09

05/01/09

52

James M. Cole

Deputy Atty. General

DOJ

05/24/10

Returned 12/22/10

James M. Cole

Deputy Atty. General

DOJ

Recess appointment 12/29/10

Francis S. Collins

Dir. – National Institutes of Health

HHS

07/09/09

08/07/09

29

Charles Collyns

Asst. Secy. – International Finance

TREAS

10/05/09

02/11/10

129

Gladys J. Commons

Asst. Secy. – Navy – Financial Management/Comptroller

DOD

09/29/09

10/28/09

29

Erin C. Conaton

Under Secy. – Air Force

DOD

11/10/09

03/04/10

114

Kevin W. Concannon

Under Secy. – Food, Nutrition, and Consumer Services

USDA

04/29/09

07/31/09

93

Michael L. Connor

Comm. – Bureau of Reclamation

DOI

04/20/09

05/21/09

31

Donald L. Cook

Deputy Admin. – Defense Programs, NNSA

DOE

12/03/09

06/22/10

201

Suzan D. J. Cook

Amb.-at-Large – International Religious Freedom

DOS

06/16/10

Returned 12/22/10

William V. Corr

Deputy Secy.

HHS

03/17/09

05/06/09

50

Douglas A. Criscitello

Chief Financial Officer

HUD

11/10/09

02/11/10

93

Philip J. Crowley

Asst. Secy. – Public Affairs

DOS

04/20/09

05/21/09

31

Peter Cunningham

Asst. Secy. – Communications and Outreach

ED

03/19/09

05/01/09

43

Brenda Dann-Messier

Asst. Secy. – Vocational and Adult Education

ED

07/14/09

10/05/09

83

Jo-Ellen Darcy

Asst. Secy. – Army – Civil Works

DOD

04/02/09

08/07/09

127

Thomas A. Daschle

Secretary

HHS

01/20/09

Withdrawn 02/09/09

Rosemary A. Dicarlo

U.S. Deputy Rep. – U.N.

DOS

12/03/09

03/10/10

97

Scott C. Doney

Chief Scientist – NOAA

DOC

08/05/10

Returned 12/22/10

Shaun L. S. Donovan

Secretary

HUD

01/20/09

01/22/09

2

L. Tammy Duckworth

Asst. Secy. – Public and Intergovernmental Affairs

DVA

03/16/09

04/22/09

37

Arne Duncan

Secretary

ED

01/20/09

01/20/09

0

John Q. Easton

Dir. – Institute of Education Sciences

ED

04/20/09

05/21/09

31

Larry J. Echo Hawk

Asst. Secy. – Indian Affairs

DOI

04/20/09

05/19/09

29

Jim R. Esquea

Asst. Secy. – Legislation

HHS

08/06/09

06/22/10

320

Joan M. Evans

Asst. Secy. – Congressional and Legislative Affairs

DVA

06/23/09

08/07/09

45

Jeffrey D. Feltman

Asst. Secy. – Near Eastern Affairs

DOS

04/20/09

08/07/09

109

John R. Fernandez

Asst. Secy. – Economic Development

DOC

07/20/09

09/10/09

52

Jose W. Fernandez

Asst. Secy. – Economic, Energy, and Business Affairs

DOS

08/06/09

11/20/09

106

Anne S. Ferro

Admin. – Federal Motor Carrier Safety Administration

DOT

07/16/09

11/05/09

112

Michèle A. Flournoy

Under Secy. – Policy

DOD

01/20/09

02/09/09

20

Ivan K. Fong

General Counsel

DHS

03/11/09

05/06/09

56

Christine H. Fox

Dir. – Cost Assessment and Program Evaluation

DOD

10/01/09

10/28/09

27

W. Craig Fugate

Admin. – FEMA

DHS

03/17/09

05/12/09

56

Patrick D. Gallagher

Dir. – National Institute of Standards and Technology

DOC

10/07/09

11/05/09

29

Jose A. Garcia

Dir. – Office of Economic Impact and Diversity

DOE

07/20/09

10/21/09

93

Juan M. Garcia III

Asst. Secy. – Navy – Manpower and Reserve Affairs

DOD

06/18/09

09/16/09

90

Alexander G. Garza

Asst. Secy. – Health Affairs and Chief Medical Officer

DHS

07/07/09

Withdrawn 07/27/09

Alexander G. Garza

Asst. Secy. – Health Affairs and Chief Medical Officer

DHS

07/27/09

08/07/09

11

Timothy F. Geithner

Secretary

TREAS

01/20/09

01/26/09

6

J. Michael Gilmore

Dir. – Operational Test and Evaluation

DOD

06/01/09

09/21/09

112

Daniel B. Ginsberg

Asst. Secy. – Air Force – Manpower and Reserve Affairs

DOD

06/02/09

07/06/09

34

Sherry Glied

Asst. Secy. – Planning and Evaluation

HHS

07/09/09

06/22/10

348

Philip S. Goldberg

Asst. Secy. – Intelligence and Research

DOS

10/26/09

02/09/10

106

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

TREAS

07/22/09

Returned 08/05/10

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

TREAS

Recess appointment 03/27/10

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

TREAS

04/21/10

Returned 08/05/10

Jeffrey A. Goldstein

Under Secy. – Domestic Finance

TREAS

09/13/10

Returned 12/22/10

Gabriella C. Gomez

Asst. Secy. – Legislation and Congressional Affairs

ED

04/20/09

05/01/09

11

Eric Goosby

Coordinator – U.S. Global AIDS

DOS

04/29/09

06/19/09

51

Philip H. Gordon

Asst. Secy. – European and Eurasian Affairs

DOS

03/11/09

05/14/09

64

Rose E. Gottemoeller

Asst. Secy. – Arms Control, Verification and Compliance

DOS

03/17/09

04/03/09

17

W. Scott Gould

Deputy Secy.

DVA

03/11/09

04/03/09

23

Kathy J. Greenlee

Asst. Secy. – Aging

HHS

05/04/09

06/25/09

52

Wallace C. Gregson

Asst. Secy. – Asian and Pacific Security Affairs

DOD

04/20/09

05/07/09

17

Dana G. Gresham

Asst. Secy. – Governmental Affairs

DOT

03/10/09

04/29/09

50

Robert M. Groves

Dir. – Bureau of the Census

DOC

04/29/09

07/13/09

75

William A. Gunn

General Counsel

DVA

04/20/09

05/18/09

28

Elisabeth A. Hagen

Under Secy. – Food Safety

USDA

01/26/10

09/16/10

233

Elisabeth A. Hagen

Under Secy. – Food Safety

USDA

Recess Appointment 08/19/10

Elisabeth A. Hagen

Under Secy. – Food Safety

USDA

09/13/10

Returned 12/22/10

Robert F. Hale

Under Secy. – Comptroller/Chief Financial Officer

DOD

01/20/09

02/09/09

20

Margaret A. Hamburg

Commissioner – Food and Drugs

HHS

03/25/09

05/18/09

54

Samuel D. Hamilton

Dir. – U.S. Fish and Wildlife Service

DOI

07/06/09

07/31/09

25

Katherine Hammack

Asst. Secy. – Army – Installations, Energy and Environment

DOD

01/20/10

06/22/10

153

Beatrice A. Hanson

Dir. – Office for Victims of Crime

DOJ

12/23/09

Withdrawn 12/20/10

Krysta Harden

Asst. Secy. – Congressional Relations

USDA

04/02/09

05/12/09

40

Robert A. Harding

Asst. Secy. – Transportation Security Administration

DHS

03/08/10

Withdrawn 04/12/10

Elizabeth M. Harman

Asst. Admin. – Grants Program Directorate – FEMA

DHS

10/13/09

03/03/10

141

Anne M. Harrington

Deputy Admin. – Defense Nuclear Nonproliferation, NNSA

DOE

06/14/10

09/29/10

107

Scott B. Harris

General Counsel

DOE

04/02/09

05/19/09

47

Seth D. Harris

Deputy Secy.

DOL

03/03/09

05/21/09

79

David J. Hayes

Deputy Secy.

DOI

02/27/09

05/20/09

82

Gordon S. Heddell

Inspector General

DOD

06/01/09

07/10/09

39

Sandra B. Henriquez

Asst. Secy. – Public and Indian Housing

HUD

04/20/09

05/21/09

31

David F. Heyman

Asst. Secy. – Policy

DHS

04/27/09

06/04/09

38

Dennis F. Hightower

Deputy Secy.

DOC

07/24/09

08/07/09

14

Eric L. Hirschhorn

Under Secy. – Export Administration

DOC

09/14/09

Returned 12/22/10

Eric L. Hirschhorn

Under Secy. – Export Administration

DOC

04/21/10

Returned 12/22/10

Eric L. Hirschhorn

Under Secy. – Export Administration

DOC

Recess Appointment 03/27/10

Patricia A. Hoffman

Asst. Secy. – Electricity Delivery and Energy Reliability

DOE

12/09/09

06/22/10

195

Eric H. Holder Jr.

Attorney General

DOJ

01/20/09

02/02/09

13

Robert D. Hormats

Under Secy. – Economic, Energy, and Agricultural Affairs

DOS

07/20/09

09/22/09

64

Michael P. Huerta

Deputy Admin. – Federal Aviation Administration

DOT

12/08/09

06/23/10

197

Pamela S. Hyde

Admin. – Substance Abuse and Mental Health Services Administration

HHS

10/05/09

11/20/09

46

Stacia A. Hylton

Dir. – U.S. Marshals Service

DOJ

09/20/10

12/22/10

93

S. Leslie Ireland

Asst. Secy. – Intelligence and Analysis

TREAS

04/12/10

06/30/10

79

Steven L. Jacques

Asst. Secy. – Public Affairs

HUD

09/29/09

Withdrawn 05/07/10

Jonathan B. Jarvis

Dir. – National Park Service

DOI

07/13/09

09/24/09

73

Raymond M. Jefferson

Asst. Secy. – Veterans' Employment and Training Service

DOL

06/03/09

08/07/09

65

Dawn E. Johnsen

Asst. Atty. General – Office of Legal Counsel

DOJ

02/11/09

Returned 12/24/09

Dawn E. Johnsen

Asst. Atty. General – Office of Legal Counsel

DOJ

01/20/10

Withdrawn 04/12/10

Jeh C. Johnson

General Counsel

DOD

01/20/09

02/09/09

20

Kristina M. Johnson

Under Secy.

DOE

03/23/09

05/19/09

57

Kerri-Ann Jones

Asst. Secy. – Oceans and International Environmental and Scientific Affairs

DOS

06/25/09

08/07/09

43

Elena Kagan

Solicitor General

DOJ

01/26/09

03/19/09

52

Helen R. Kanovsky

General Counsel

HUD

04/20/09

05/01/09

11

Martha J. Kanter

Under Secy.

ED

04/29/09

06/19/09

51

David J. Kappos

Under Secy. – Intellectual Property/Dir. – U.S. Patent and Trademark Office

DOC

06/18/09

08/07/09

50

Frank Kendall III

Deputy Under Secy. – Acquisition, Technology and Logistics

DOD

08/05/09

Withdrawn 10/29/09

Frank Kendall III

Prin. Deputy Under Secy. – Acquisition, Technology and Logistics

DOD

10/29/09

03/04/10

126

Brian V. Kennedy

Asst. Secy. – Congressional and Intergovernmental Affairs

DOL

03/19/09

05/01/09

43

T. Michael Kerr

Asst. Secy. – Administration and Management

DOL

03/26/09

05/01/09

36

Cameron F. Kerry

General Counsel

DOC

04/20/09

05/21/09

31

Roy W. Kienitz

Under Secy. – Policy

DOT

03/16/09

04/29/09

44

Elizabeth L. King

Asst. Secy. – Legislative Affairs

DOD

04/20/09

05/07/09

17

Howard K. Koh

Asst. Secy. – Health

HHS

04/20/09

06/19/09

60

Harold H. Koh

Legal Adviser

DOS

03/23/09

06/25/09

94

Steven E. Koonin

Under Secy. – Science

DOE

03/26/09

05/19/09

54

Peter A. Kovar

Asst. Secy. – Congressional and Intergovernmental Relations

HUD

03/25/09

05/01/09

37

David S. Kris

Asst. Atty. General – National Security Division

DOJ

02/11/09

03/25/09

42

Alan B. Krueger

Asst. Secy. – Economic Policy

TREAS

03/10/09

05/06/09

57

Suresh Kumar

Asst. Secy. – Trade Promotion/Dir. General – U.S. and Foreign Commercial Service

DOC

10/29/09

02/11/10

105

Susan L. Kurland

Asst. Secy. – Aviation and International Affairs

DOT

07/07/09

08/07/09

31

Marisa Lago

Asst. Secy. – International Markets and Development

TREAS

09/25/09

02/11/10

139

Ray Lahood

Secretary

DOT

01/20/09

01/22/09

2

Nicole Y. Lamb-Hale

Asst. Secy. – Manufacturing and Services

DOC

11/18/09

02/11/10

85

Thomas R. Lamont

Asst. Secy. – Army – Manpower and Reserve Affairs

DOD

04/27/09

05/18/09

21

Jeffrey A. Lane

Asst. Secy. – Congressional and Intergovernmental Affairs

DOE

02/01/10

06/22/10

141

John H. Laub

Dir. – National Institute of Justice

DOJ

10/05/09

06/22/10

260

Zachary J. Lemnios

Dir. – Defense Research and Engineering

DOD

05/18/09

06/19/09

32

Joe Leonard Jr.

Asst. Secy. – Civil Rights

USDA

03/23/09

04/03/09

11

Michele M. Leonhart

Deputy Admin. – Drug Enforcement Administration

DOJ

02/02/10

12/22/10

323

Jacob J. Lew

Deputy Secy. – Management and Resources

DOS

01/20/09

01/28/09

8

Wilma A. Lewis

Asst. Secy. – Land and Minerals Management

DOI

05/06/09

08/07/09

93

Gary Locke

Secretary

DOC

03/16/09

03/24/09

8

Carmen Lomellin

U.S. Rep. – Organization of American States

DOS

09/15/09

11/20/09

66

Jane Lubchenco

Under Secy. – Oceans and Atmosphere/Admin. – National Oceanic and Atmospheric Administration (NOAA)

DOC

01/20/09

03/19/09

58

Nicole Lurie

Asst. Secy. – Preparedness and Response

HHS

06/01/09

07/10/09

39

Jane H. Lute

Deputy Secy.

DHS

02/25/09

04/03/09

37

James P. Lynch

Dir. – Bureau of Justice Statistics

DOJ

10/29/09

06/22/10

236

William J. Lynn III

Deputy Secy.

DOD

01/20/09

02/11/09

22

Peter B. Lyons

Asst. Secy. – Nuclear Energy

DOE

12/13/10

Returned 12/22/10

Raymond E. Mabus Jr.

Secretary – Navy

DOD

04/20/09

05/18/09

28

George W. Madison

General Counsel

TREAS

04/20/09

09/08/09

141

Joseph A. Main

Asst. Secy. – Mine Safety and Health Administration

DOL

07/06/09

10/21/09

107

Arun Majumdar

Dir. – Advanced Research Projects Agency-Energy

DOE

09/21/09

10/21/09

30

Timothy W. Manning

Deputy Admin. – Protection and National Preparedness – FEMA

DHS

04/02/09

05/06/09

34

Sara Manzano-Díaz

Dir. – Women's Bureau

DOL

10/01/09

02/11/10

133

James J. Markowsky

Asst. Secy. – Fossil Energy

DOE

06/18/09

08/07/09

50

Mercedes M. Márquez

Asst. Secy. – Community Planning and Development

HUD

05/04/09

06/25/09

52

Capricia P. Marshall

Chief of Protocol

DOS

05/14/09

07/31/09

78

Carmel Martin

Asst. Secy. – Planning, Evaluation and Policy Development

ED

03/18/09

05/01/09

44

Kathleen Martinez

Asst. Secy. – Disability Employment Policy

DOL

04/20/09

06/25/09

66

Mary Sally Matiella

Asst. Secy. – Army – Financial Management/Comptroller

DOD

11/20/09

02/11/10

83

David T. Matsuda

Admin. – Maritime Administration

DOT

12/17/09

06/22/10

187

Alejandro N. Mayorkas

Dir. – U.S. Citizenship and Immigration Services

DHS

05/20/09

08/07/09

79

Dennis M. McCarthy

Asst. Secy. – Reserve Affairs

DOD

06/01/09

06/25/09

24

Michael J. McCord

Prin. Deputy Under Secy./Comptroller

DOD

03/01/10

06/22/10

113

Timothy McGee

Asst. Secy. – Environmental Observation and Prediction/Deputy Admin. – NOAA

DOC

12/21/09

Withdrawn 04/22/10

Elizabeth A. McGrath

Deputy Chief Management Officer

DOD

03/10/10

06/22/10

104

Judith A. McHale

Under Secy. – Public Diplomacy and Public Affairs

DOS

04/20/09

05/21/09

31

John M. McHugh

Secretary – Army

DOD

07/06/09

09/16/09

72

Marcia K. McNutt

Dir. – U.S. Geological Survey

DOI

08/04/09

10/21/09

78

Thelma Meléndez De Santa Ana

Asst. Secy. – Elementary and Secondary Education

ED

06/08/09

07/24/09

46

Victor M. Mendez

Admin. – Federal Highway Administration

DOT

04/23/09

07/10/09

78

Kathleen A. Merrigan

Deputy Secy.

USDA

03/19/09

04/03/09

15

David M. Michaels

Asst. Secy. – Occupational Safety and Health Administration

DOL

08/05/09

12/03/09

120

James W. Miller

Under Secy. – Farm and Foreign Agricultural Services

USDA

03/18/09

04/03/09

16

Mary J. Miller

Asst. Secy. – Financial Markets

TREAS

10/06/09

02/11/10

128

Anthony W. Miller

Deputy Secy.

ED

05/18/09

07/24/09

67

Neile L. Miller

Prin. Deputy Admin. – NNSA

DOE

05/27/10

08/05/10

70

James N. Miller Jr.

Prin. Deputy Under Secy. – Policy

DOD

03/10/09

04/03/09

24

Warren F. Miller Jr.

Asst. Secy. – Nuclear Energy

DOE

06/18/09

08/07/09

50

Warren F. Miller Jr.

Dir. – Office of Civilian Radioactive Waste Management

DOE

06/22/09

Returned 08/05/10

David W. Mills

Asst. Secy. – Export Enforcement

DOC

12/02/09

02/11/10

71

Ignacia S. Moreno

Asst. Atty. General – Environment and Natural Resources Division

DOJ

06/08/09

11/05/09

150

Jamie M. Morin

Asst. Secy. – Air Force – Financial Management/Comptroller

DOD

05/11/09

06/19/09

39

John T. Morton

Asst. Secy. – U.S. Immigration and Customs Enforcement

DHS

03/10/09

05/12/09

63

Philip Mudd

Under Secy. – Intelligence and Analysis

DHS

05/04/09

Withdrawn 07/06/09

Michael G. Mullen

Chairman – Joint Chiefs of Staff

DOD

05/20/09

09/25/09

128

Michael F. Mundaca

Asst. Secy. – Tax Policy

TREAS

10/06/09

Returned 12/22/10

Michael F. Mundaca

Asst. Secy. – Tax Policy

TREAS

Recess appointment 03/27/10

Michael F. Mundaca

Asst. Secy. – Tax Policy

TREAS

04/21/10

Returned 12/22/10

Ellen G. Murray

Asst. Secy. – Financial Resources /Chief Financial Officer

HHS

06/01/09

02/11/10

255

Michael Nacht

Asst. Secy. – Global Strategic Affairs

DOD

04/20/09

05/07/09

17

Janet A. Napolitano

Secretary

DHS

01/20/09

01/20/09

0

Carmen R. Nazario

Asst. Secy. – Children and Families

HHS

05/06/09

09/22/09

139

Richard G. Newell

Admin. – Energy Information Administration

DOE

05/18/09

07/31/09

74

Thomas R. Nides

Deputy Secy. – Management and Resources

DOS

09/29/10

12/22/10

84

Denise E. O'Donnell

Dir. – Bureau of Justice Assistance

DOJ

12/13/10

Returned 12/22/10

Tara J. O'Toole

Under Secy. – Science and Technology

DHS

05/06/09

11/04/09

182

Jane Oates

Asst. Secy. – Employment and Training Administration

DOL

05/06/09

06/19/09

44

Eduardo M. Ochoa

Asst. Secy. – Postsecondary Education

ED

02/24/10

06/22/10

118

David W. Ogden

Deputy Atty. General

DOJ

01/26/09

03/12/09

45

Malcolm R. O'Neill

Asst. Secy. – Army – Acquisition, Logistics and Technology

DOD

12/03/09

03/04/10

91

Paul L. Oostburg Sanz

General Counsel – Navy

DOD

11/20/09

03/04/10

104

María Otero

Under Secy. – Democracy and Global Affairs

DOS

06/09/09

08/07/09

59

Robert J. Papp Jr.

Commandant of the Coast Guard

DHS

12/22/09

04/22/10

121

Raul Perea-Henze

Asst. Secy. – Policy and Planning

DVA

11/09/09

03/19/10

130

Thomas E. Perez

Asst. Atty. General – Civil Rights Division

DOJ

03/31/09

10/06/09

189

Thomas J. Perrelli

Associate Atty. General

DOJ

01/30/09

03/12/09

41

Robert A. Petzel

Under Secy. – Health

DVA

11/18/09

02/11/10

85

Jackalyne Pfannenstiel

Asst. Secy. – Navy – Energy, Installations and Environment

DOD

12/03/09

03/04/10

91

John S. Pistole

Asst. Secy. – Transportation Security Administration

DHS

05/17/10

06/25/10

39

Joseph G. Pizarchik

Dir. – Office of Surface Mining Reclamation and Enforcement

DOI

07/16/09

11/06/09

113

Daniel B. Poneman

Deputy Secy.

DOE

04/20/09

05/18/09

28

John D. Porcari

Deputy Secy.

DOT

04/27/09

05/21/09

24

Michael H. Posner

Asst. Secy. – Democracy, Human Rights, and Labor

DOS

07/07/09

09/22/09

77

Alexa E. Posny

Asst. Secy. – Special Education and Rehabilitative Services

ED

07/07/09

10/05/09

90

Nancy J. Powell

Dir. Gen. – Foreign Service

DOS

05/21/09

07/31/09

71

Cynthia L. Quarterman

Admin. – Pipeline and Hazardous Materials Safety Administration

DOT

09/15/09

11/05/09

51

Scott B. Quehl

Asst. Secy. – Administration

DOC

10/15/09

12/24/09

70

Scott B. Quehl

Chief Financial Officer

DOC

10/15/09

12/24/09

70

Stephen J. Rapp

Amb.-at-Large – War Crimes Issues

DOS

07/07/09

08/04/09

28

Pearlie S. Reed

Asst. Secy. – Administration

USDA

04/27/09

05/12/09

15

Donald M. Remy

General Counsel – Army

DOD

04/20/09

Withdrawn 06/17/09

Susan E. Rice

U.S. Rep. – U.N.

DOS

01/20/09

01/22/09

2

Jose D. Riojas

Asst. Secy. – Operations, Security, and Preparedness

DVA

04/20/09

05/18/09

28

Rosa G. Rios

Treasurer of the United States

TREAS

05/18/09

07/24/09

67

Robert S. Rivkin

General Counsel

DOT

04/20/09

04/29/09

9

Larry Robinson

Asst. Secy. – Conservation and Management/Deputy Admin. – NOAA

DOC

02/04/10

Withdrawn 02/22/10

Larry Robinson

Asst. Secy. – Conservation and Management/Deputy Admin. – NOAA

DOC

02/22/10

05/06/10

73

Laurie O. Robinson

Asst. Atty. General – Office of Justice Programs

DOJ

09/14/09

11/05/09

52

Leon Rodriguez

Admin. – Wage and Hour Division

DOL

12/03/10

Returned 12/22/10

Peter M. Rogoff

Admin. – Federal Transit Administration

DOT

04/29/09

05/21/09

22

Ramona E. Romero

General Counsel

USDA

06/28/10

12/22/10

177

Jo Ann Rooney

Prin. Deputy Under Secy. – Personnel and Readiness

DOD

09/29/10

Returned 12/22/10

Charles P. Rose

General Counsel

ED

03/18/09

05/01/09

44

Yvette Roubideaux

Dir. – Indian Health Service

HHS

03/26/09

05/06/09

41

Lynnae M. Ruttledge

Commissioner – Rehabilitation Services Administration

ED

10/15/09

12/24/09

70

Kenneth L. Salazar

Secretary

DOI

01/20/09

01/20/09

0

Bryan H. Samuels

Commissioner – Children, Youth, and Families

HHS

07/13/09

02/11/10

213

Francisco J. Sánchez

Under Secy. – International Trade

DOC

04/20/09

09/16/10

514

Francisco J. Sánchez

Under Secy. – International Trade

DOC

04/21/10

Returned 12/22/10

Francisco J. Sánchez

Under Secy. – International Trade

DOC

Recess Appointment 03/27/10

David B. Sandalow

Asst. Secy. – Policy and International Affairs

DOE

04/20/09

05/18/09

28

Christopher H. Schroeder

Asst. Atty. General – Office of Legal Policy

DOJ

06/04/09

Returned 12/24/09

Christopher H. Schroeder

Asst. Atty. General – Office of Legal Policy

DOJ

01/20/10

04/21/10

91

Eric P. Schwartz

Asst. Secy. – Population, Refugees, and Migration

DOS

05/06/09

06/19/09

44

Kathleen Sebelius

Secretary

HHS

03/17/09

04/28/09

42

Evan J. Segal

Chief Financial Officer

USDA

06/01/09

07/20/09

49

John U. Sepúlveda

Asst. Secy. – Human Resources and Administration

DVA

04/02/09

05/18/09

46

Richard Serino

Deputy Admin./Chief Operating Officer – FEMA

DHS

07/27/09

10/05/09

70

Rajiv J. Shah

Under Secy. – Research, Education, and Economics

USDA

04/23/09

05/12/09

19

Andrew J. Shapiro

Asst. Secy. – Political-Military Affairs

DOS

05/06/09

06/19/09

44

Harris D. Sherman

Under Secy. – Natural Resources and Environment

USDA

09/10/09

Withdrawn 09/29/09

Harris D. Sherman

Under Secy. – Natural Resources and Environment

USDA

09/29/09

10/08/09

9

Eric K. Shinseki

Secretary

DVA

01/20/09

01/20/09

0

Ronald C. Sims

Deputy Secy.

HUD

03/04/09

05/06/09

63

Mary L. Smith

Asst. Atty. General – Tax Division

DOJ

04/20/09

Returned 12/24/09

Mary L. Smith

Asst. Atty. General – Tax Division

DOJ

01/20/10

Returned 08/05/10

M. Patricia Smith

Solicitor

DOL

04/20/09

02/04/10

290

Hilda L. Solis

Secretary

DOL

01/20/09

02/24/09

35

Richard Sorian

Asst. Secy. – Public Affairs

HHS

10/05/09

Returned 12/22/10

Richard Sorian

Asst. Secy. – Public Affairs

HHS

Recess appointment 08/19/10

Richard Sorian

Asst. Secy. – Public Affairs

HHS

09/13/10

Returned 12/22/10

Erroll G. Southers

Asst. Secy. – Transportation Security Administration

DHS

09/17/09

Withdrawn 01/21/10

Lillian A. Sparks

Commissioner – Administration for Native Americans

HHS

10/22/09

03/03/10

132

William E. Spriggs

Asst. Secy. – Policy

DOL

06/09/09

10/21/09

134

Clifford L. Stanley

Under Secy. – Personnel and Readiness

DOD

10/15/09

02/09/10

117

James B. Steinberg

Deputy Secy.

DOS

01/20/09

01/28/09

8

David H. Stevens

Asst. Secy. – Housing/Federal Housing Administration Commissioner

HUD

04/20/09

07/10/09

81

Tracie Stevens

Chair – National Indian Gaming Commission

DOI

04/29/10

06/22/10

54

J. Ann S. Stock

Asst. Secy. – Educational and Cultural Affairs

DOS

12/04/09

06/22/10

200

Paul N. Stockton

Asst. Secy. – Homeland Defense and Americas' Security Affairs

DOD

04/28/09

05/18/09

20

Thomas L. Strickland

Asst. Secy. – Fish and Wildlife and Parks

DOI

03/12/09

04/30/09

49

David L. Strickland

Admin. – National Highway Traffic Safety Administration

DOT

12/04/09

12/24/09

20

Lawrence E. Strickling

Asst. Secy. – Communications and Information

DOC

03/31/09

06/25/09

86

Rhea S. Suh

Asst. Secy. – Policy, Management and Budget/Chief Financial Officer

DOI

04/20/09

05/18/09

28

Kathryn D. Sullivan

Asst. Secy. – Environmental Observation and Prediction/ Deputy Admin. – NOAA

DOC

12/03/10

Returned 12/22/10

Joseph C. Szabo

Admin. – Federal Railroad Administration

DOT

03/26/09

04/29/09

34

Teresa M. Takai

Asst. Secy. – Networks and Information Integration

DOD

04/12/10

Withdrawn 09/29/10

Daniel M. Tangherlini

Asst. Secy. – Management

TREAS

06/03/09

07/24/09

51

Daniel M. Tangherlini

Chief Financial Officer

TREAS

06/03/09

07/24/09

51

Ellen O. Tauscher

Under Secy. – Arms Control and International Security

DOS

05/06/09

06/25/09

50

James L. Taylor

Chief Financial Officer

DOL

03/03/10

06/22/10

111

Paul M. Tiao

Inspector General

DOL

05/27/10

Returned 12/22/10

Kathleen S. Tighe

Inspector General

ED

11/20/09

03/10/10

110

Hilary C. Tompkins

Solicitor

DOI

03/31/09

06/17/09

78

Dallas P. Tonsager

Under Secy. – Rural Development

USDA

03/25/09

05/12/09

48

Joseph M. Torsella

U.S. Rep. – Management and Reform – U.N.

DOS

11/17/10

Returned 12/22/10

Theodore W. Tozer

Pres. – Government National Mortgage Association

HUD

12/21/09

02/11/10

52

John D. Trasviña

Asst. Secy. – Fair Housing and Equal Opportunity

HUD

04/20/09

05/01/09

11

Andrew L. Traver

Dir. – Bureau of Alcohol, Tobacco, Firearms and Explosives

DOJ

11/17/10

Returned 12/22/10

Inés R. Triay

Asst. Secy. – Environmental Management

DOE

03/31/09

05/20/09

50

Polly Trottenberg

Asst. Secy. – Transportation Policy

DOT

06/08/09

07/24/09

46

Arturo A. Valenzuela

Asst. Secy. – Western Hemisphere Affairs

DOS

06/08/09

11/05/09

150

Christine A. Varney

Asst. Atty. General – Antitrust Division

DOJ

02/23/09

04/20/09

56

Richard R. Verma

Asst. Secy. – Legislative Affairs

DOS

03/11/09

04/03/09

23

Alexander Vershbow

Asst. Secy. – International Security Affairs

DOD

03/12/09

04/03/09

22

Melanne Verveer

Amb.-at- Large – Global Women's Issues

DOS

03/11/09

04/03/09

23

Michael Vickers

Under Secy. – Intelligence

DOD

09/29/10

Returned 12/22/10

Thomas J. Vilsack

Secretary

USDA

01/20/09

01/20/09

0

Caryn A. Wagner

Under Secy. – Intelligence and Analysis

DHS

10/26/09

02/11/10

108

Kim N. Wallace

Asst. Secy. – Legislative Affairs

TREAS

03/16/09

07/24/09

130

Solomon B. Watson IV

General Counsel – Army

DOD

11/20/09

Returned 12/22/10

Andrew C. Weber

Asst. to the Secretary – Nuclear, Chemical, and Biological Defense Programs

DOD

04/29/09

05/18/09

19

Ronald H. Weich

Asst. Atty. General – Legislative Affairs

DOJ

03/18/09

04/29/09

42

Tony West

Asst. Atty. General – Civil Division

DOJ

02/25/09

04/20/09

54

Joseph W. Westphal

Under Secy. – Army

DOD

06/11/09

09/16/09

97

William J. Wilkins

Chief Counsel – Internal Revenue Service/Asst. General Counsel for Tax

TREAS

05/12/09

07/24/09

73

Grayling G. Williams

Dir. – Office of Counternarcotics Enforcement

DHS

11/04/09

12/24/09

50

Douglas B. Wilson

Asst. Secy. – Public Affairs

DOD

12/03/09

02/11/10

70

Kevin Wolf

Asst. Secy. – Export Administration

DOC

12/21/09

02/11/10

52

Neal S. Wolin

Deputy Secy.

TREAS

04/20/09

05/18/09

28

Jonathan Woodson

Asst. Secy. – Health Affairs

DOD

03/22/10

12/22/10

275

Robert O. Work

Under Secy. – Navy

DOD

04/20/09

05/18/09

28

Catherine E. Woteki

Under Secy. – Research, Education, and Economics

USDA

04/26/10

09/16/10

143

Terry A. Yonkers

Asst. Secy. – Air Force – Installations, Environment and Logistics

DOD

08/03/09

03/04/10

213

Jide J. Zeitlin

U.S. Rep. – Management and Reform – U.N.

DOS

09/24/09

Withdrawn 01/21/10

Catherine R. Zoi

Asst. Secy. – Energy Efficiency and Renewable Energy

DOE

04/27/09

06/19/09

53

Mean number of days to confirm

 

 

 

73.2

Median number of days to confirm

 

 

 

52.0

Appendix B. Appointment Action, 111th Congress

Table B-1. Summary of Appointment Action, 111th Congress

Department

Positions

Nominations

Individual nominees

Confirmations

Returned

Withdrawn

Recess appointments

Mean days to confirm

Median days to confirm

Agriculture

16

18

16

16

1

1

1

67.1

44.0

Commerce

24

27

23

20

5

2

2

85.3

64.0

Defense

60

51

50

45

3

3

0

71.5

39.0

Education

18

16

16

16

0

0

0

63.4

48.5

Energy

23

21

20

19

2

0

0

72.7

53.0

Health and Human Services

20

22

19

16

5

1

2

119.9

57.0

Homeland Security

22

27

23

18

5

4

2

64.2

56.0

Housing and Urban Development

14

12

12

11

0

1

0

46.7

52.0

Interior

19

17

17

16

1

0

0

56.9

56.0

Justice

29

27

24

18

7

2

1

106.9

56.0

Labor

18

17

17

14

2

1

0

95.5

76.5

State

48

42

42

39

2

1

0

58.9

51.0

Transportation

20

18

18

18

0

0

0

53.1

32.5

Treasury

27

22

18

17

5

0

2

96.4

70.0

Veterans Affairs

15

10

10

10

0

0

0

45.0

32.5

Total

373

347

325

293

38

16

10

73.2

52.0

Appendix C. Abbreviations of Departments

Table C-1. Abbreviations of Departments

DHS

Department of Homeland Security

DOC

Department of Commerce

DOD

Department of Defense

DOE

Department of Energy

DOI

Department of the Interior

DOJ

Department of Justice

DOL

Department of Labor

DOS

Department of State

DOT

Department of Transportation

DVA

Department of Veterans Affairs

ED

Department of Education

HHS

Department of Health and Human Services

HUD

Department of Housing and Urban Development

TREAS

Department of the Treasury

USDA

Department of Agriculture

Acknowledgments

Maureen Bearden, who is no longer at CRS, assisted in the collection of data used in this report.

Footnotes

1.

Full-time departmental PAS positions that are not covered in this report include U.S. attorney and U.S. marshal positions in the Department of Justice; most Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services.

2.

During the 112th Congress, the enactment of P.L. 112-166 removed the advice and consent requirements for certain positions, changing the appointment process of those individuals to consist of presidential appointment without Senate confirmation. Those changes are not addressed in this report.

3.

For a list of nominations made to full-time positions in other agencies, see CRS Report R42932, Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 111th Congress, by [author name scrubbed], [author name scrubbed], and [author name scrubbed], and CRS Report R43238, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 111th Congress, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].

4.

Art. II, Section 2, cl. 2 provides that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." A succinct historical and contemporary overview of the appointment power is found in [author name scrubbed], "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 5th ed., rev. (Lawrence, KS: University Press of Kansas, 2007), pp. 21-47.

5.

Buckley v. Valeo, 424 U.S. 1, 126 (1976). For further information on the distinction between officers and employees of the United States, as well as the distinction between principal and inferior officers, see CRS Report R40856, The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight, by [author name scrubbed] et al.

6.

The White House process for clearing individuals for nominations differs from the process that individuals undertake to obtain a formal security clearance to be eligible for access to classified information.

7.

The Council for Excellence in Government's Presidential Appointee Initiative, A Survivor's Guide for Presidential Nominees, The Brookings Institution, Washington, D.C., November 2000, pp. 31-32. A more recent version of this report was compiled by the National Academy of Public Administration (see footnote 10 below for full citation).

8.

See, for example, Michael J. Gerhardt, The Federal Appointments Process: A Constitutional and Historical Analysis (Durham: Duke University Press, 2003), pp. 29-34.

9.

See, for example, ibid., pp. 152-153.

10.

Additional information about the selection and clearance process for nominees to executive branch positions can be found in a November 2012 study which was conducted pursuant to the enactment of P.L. 112-166, the Presidential Appointment Efficiency and Streamlining Act. See Working Group on Streamlining Paperwork for Executive Nominations, Streamlining Paperwork for Executive Nominations: Report to the President and the Chairs and Ranking Members of the Senate Committee on Homeland Security and Government Affairs and the Senate Committee on Rules and Administration, November 2012, at http://www.hsgac.senate.gov/download/report-of-working-group-on-streamlining-paperwork-for-executive-nominations-final. According to this report, the Administration of President Barack Obama was not using a White House Personal Data Statement at the time of the report's publication. The Obama Administration has posted a background information form at https://apply.whitehouse.gov/sites/apply.whitehouse.gov/files/apply_whitehouse_gov_2012_1205.pdf. See also National Academy of Public Administration, A Survivor's Guide for Presidential Nominees, Washington, DC, 2013 Edition, at http://www.napawash.org/wp-content/uploads/2013/05/SurvivorsGuide2013.pdf.

11.

3 U.S.C. §102 note.

12.

P.L. 108-458, §7601; 118 Stat. 3856.

13.

5 U.S.C. §3349a. For more information on the Federal Vacancies Reform Act, see section below entitled "Temporary Appointments."

14.

For more information, see CRS Report RL34405, Role of Home State Senators in the Selection of Lower Federal Court Judges, by [author name scrubbed] and [author name scrubbed].

15.

P.L. 105-277, Div. C, Title I, §151; 5 U.S.C. §§3345-3349d. For more on the Vacancies Act, see CRS Report RS21412, Temporarily Filling Presidentially Appointed, Senate-Confirmed Positions, by [author name scrubbed].

16.

For more detailed information on this stage of the appointment process, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed].

17.

G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189.

18.

Formally, the presiding officer of the Senate makes the referrals. For more information, see Floyd M. Riddick and Alan S. Frumin, Riddick's Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992), pp. 1154-8; and CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed].

19.

One example of such an occurrence was the Senate Judiciary Committee's rejection of William Lucas, whom President George H. W. Bush had nominated for Assistant Attorney General for Civil Rights. Reportedly, the committee first rejected reporting the nomination favorably, then the committee rejected sending the nomination to the full Senate without any recommendation. Although the disposition of the vote was 7-7, a majority is required to report a nomination out of committee. For further information on this example, see "Senate Panel Rejects Lucas for Rights Post," St. Louis Post-Dispatch, August 2, 1989, p. 1A.

20.

For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed].

21.

Although nominations are rarely rejected on the Senate floor, in the modern era, motions to invoke cloture on a nomination (and thereby initiate a process for bringing it to a vote) have sometimes failed. See CRS Report RL32878, Cloture Attempts on Nominations: Data and Historical Development, by [author name scrubbed].

22.

The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 110th Cong., 2nd sess., S. Doc. 110-1 (Washington: GPO, 2008), p. 58, Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

23.

For an example of a waiver of the rule, see Sen. Harry Reid, "Nominations Status Quo," Congressional Record, daily edition, vol. 153, December 19, 2007, p. S16061.

24.

Art. II, Section 2, cl. 3.

25.

5 U.S.C. §5503(a).

26.

5 U.S.C. §5503(b).

27.

For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by [author name scrubbed]; and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

28.

P.L. 110-161, Div. D, §709.

29.

See CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by [author name scrubbed]; CRS Report R42329, Recess Appointments Made by President Barack Obama, by [author name scrubbed] and [author name scrubbed]; CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed]; CRS Report WSLG379, DC Circuit Rules President Obama's Recess Appointments Unconstitutional, by [author name scrubbed]; and CRS Report R43030, The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications, by [author name scrubbed] and [author name scrubbed], The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications, by [author name scrubbed] and [author name scrubbed].

30.

At the end of the second session, the Senate structured its 2010 pre-election break as a series of shorter recesses separated by pro forma sessions. In this case, the use of the practice reportedly stemmed from a lack of agreement between the Senate majority leader and the Senate minority leader regarding the disposition of pending nominations over the break. Brian Friel, "Senate to Block Recess Appointments," CQ Today Online News, September 29, 2010, available at http://www.cq.com/doc/news-3743961?wr=bGFldXRDRDVoeG9ZMzFpS0g4Y3pRdw.

31.

5 U.S.C. §§3345-3349d.

32.

For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act: Congress Acts to Protect the Senate's Confirmation Prerogative, by [author name scrubbed].

33.

Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate provides that "Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President." U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 110th Cong., 2nd sess., S. Doc. 110-1 (Washington: GPO, 2008), p. 58.

34.

The methodology used in this report to count the length of time between nomination and confirmation differs from that which was used in similar CRS reports prior to the 110th Congress. The statistics presented here include the days during which the Senate was adjourned for its summer recesses and between sessions of Congress. The methodological change reduces the direct comparability of statistics in this report with those of the earlier research. Reasons for the change include the conversion of long recesses into a series of short recesses punctuated by pro forma sessions during the 111th Congress; the fact that although committees may not be taking direct action on nominations in the form of hearings or votes, they are likely still considering and processing nominations during recesses; and a desire to be consistent with the methodology used by a majority of political scientists as well as CRS research on judicial nominations. In addition, an argument could be made that the decision to extend Senate consideration of nominees over the course of a recess is intentional, and the choice to extend this length of time is better represented by including all days, including long recesses. A more detailed explanation of this methodological change is located in Appendix E of CRS Report R41497, Presidential Appointments to Full-Time Positions in Executive Departments During the 110th Congress, 2007-2008, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].

35.

Though the mean is the more commonly used measure, the median is sometimes considered a better measure of central tendency because it is not influenced by extreme values in the data. The discrepancy between the median (52) and mean (72.5) number of days suggests that a small number of nominations spent a significantly longer number of days in the Senate prior to confirmation than most.

36.

Sources include the Senate nominations database of the Legislative Information System http://www.congress.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2008 "Plum Book" (U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, United States Government Policy and Supporting Positions, committee print, 110th Cong., 2nd sess., November 12, 2008, S. Prt. 110-36 (Washington: GPO, 2008)).

37.

The data on incumbents at the end of the 111th Congress were collected as of the Senate's last day of business on December 22, 2010. Beginning on December 23, agency officials were contacted and the lists of incumbents were finalized.

38.

As noted above, the following full-time positions are not included in this report: U.S. attorney and U.S. marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; most officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services.