Presidential Appointments to Full-Time Positions in Executive Departments During the 112th Congress

The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. There are some 349 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 112th Congress for full-time positions in these 15 executive departments.

Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each executive department. Additional summary information across all 15 executive departments appears in the Appendix.

During the 112th Congress, the President submitted 116 nominations to the Senate for full-time positions in executive departments. Of these 116 nominations, 90 were confirmed, 11 were withdrawn, and 15 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 151.4 days elapsed between nomination and confirmation. The median number of days elapsed was 131.5.

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

This report will not be updated.

Presidential Appointments to Full-Time Positions in Executive Departments During the 112th Congress

January 8, 2015 (R43853)

Contents

Tables

Summary

The President makes appointments to positions within the federal government, either using the authorities granted to the President alone or with the advice and consent of the Senate. There are some 349 full-time leadership positions in the 15 executive departments for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate during the 112th Congress for full-time positions in these 15 executive departments.

Information for each department is presented in tables. The tables include full-time positions confirmed by the Senate, pay levels for these positions, and appointment action within each executive department. Additional summary information across all 15 executive departments appears in the Appendix.

During the 112th Congress, the President submitted 116 nominations to the Senate for full-time positions in executive departments. Of these 116 nominations, 90 were confirmed, 11 were withdrawn, and 15 were returned to him in accordance with Senate rules. For those nominations that were confirmed, a mean (average) of 151.4 days elapsed between nomination and confirmation. The median number of days elapsed was 131.5.

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

This report will not be updated.


Presidential Appointments to Full-Time Positions in Executive Departments During the 112th Congress

Introduction

The President is responsible for appointing individuals to positions throughout the federal government. In some instances, the President makes these appointments using authorities granted to the President alone. Other appointments, generally referred to with the abbreviation PAS, are made by the President with the advice and consent of the Senate via the nomination and confirmation process. This report identifies, for the 112th Congress, all nominations submitted to the Senate for executive-level full-time positions1 in the 15 executive departments for which the Senate provides advice and consent. It excludes appointments to regulatory boards and commissions as well as to independent and other agencies.

This report features a pair of tables presenting information for each of these 15 executive departments. The first table in each pair provides information on full-time positions requiring Senate confirmation as of the end of the 112th Congress and the pay levels of those positions. The second table for each department tracks appointment activity within the 112th Congress by the Senate (confirmations, rejections, returns to the President, and elapsed time between nomination and confirmation) as well as further related presidential activity (including withdrawals and recess appointments). In some instances, no appointment action occurred within an agency during the 112th Congress.

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

Related Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other appointments-related matters may be found at http://www.crs.gov.2

Appointments During the 112th Congress.

Table 1 summarizes appointment activity, during the 112th Congress, related to full-time PAS positions in the 15 executive departments. President Barack H. Obama submitted 116 nominations to the Senate for full-time positions to executive departments. Of these 116 nominations, 90 were confirmed; 11 were withdrawn; and 15 were returned to the President under the provisions of Senate rules.3

Table 1. Appointment Action for 15 Departments During the 112th Congress

Positions in the 15 Departments (total)

 

349

Positions to which nominations were made

 

110

Individual nominees

 

112a

Nominations Submitted to the Senate During the 112th Congress (total)

 

116a

Disposition of nominations

 

 

 

Confirmed by the Senate

 

90

 

Withdrawn

 

11

 

Returned

 

15

Recess Appointments

 

0

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

a. The figures shown here reveal a distinction between the number of positions to which nominations were made (110), the number of individual nominees (112), and the total number of nominations submitted (116). The number of positions to which nominations were made differs from the number of individual nominees for two reasons. First, the President sometimes nominates more than one individual successively to an open position, usually following the return or withdrawal of the original nomination. Second, less frequently, the President nominates a single individual to more than one position over the course of the Congress. Again, this usually followed the return or withdrawal of the first nomination. The number of total nominations submitted is greater than both of these figures because it includes cases in which the President nominated an individual to the same position more than once. For example, Alan F. Estevez was nominated for positions three times during the 112th Congress. Two of these nominations were to the same assistant secretary position in the Department of Defense (with one of the nominations being withdrawn by the President), and the third was to a principal deputy under secretary position in the Department of Defense that was returned to the President. This scenario counted as two positions to which nominations were made, one individual nominee, and three nominations submitted in total.

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate has varied widely. Some nominations were confirmed within a few days, others were confirmed within several months, and some were never confirmed. This report provides, for each executive department nomination confirmed in the 112th Congress, the number of days between nomination and confirmation ("days to confirm"). For confirmed nominations, a mean of 151.4 days elapsed between nomination and confirmation. The median number of days elapsed was 131.5.

Organization of this Report

Executive Department Profiles

Each of the 15 executive department profiles provided in this report is divided into two parts: a table listing the organization's full-time PAS positions as of the end of the 112th Congress and a table listing appointment action for vacant positions during the 112th Congress. Data for these tables were collected from several authoritative sources. In each department profile, the first of these two tables identifies, as of the end of the 112th Congress,4 each full-time PAS position in that department5 and its pay level. For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule. As of January 2013, these pay levels ranged from level I ($199,700) for Cabinet-level offices to level V ($145,700) for lower-ranked positions.

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

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

For a small number of positions within a department, the two tables may contain slightly different titles for the same position. This is a result of the fact that the title used in the nomination the White House submits to the Senate, the title of the position as established by statute, and the title of the position used by the department itself are not always identical. The first table listing incumbents at the end of the 112th Congress uses data provided by the department itself. The second table listing nomination action within each department relies primarily upon the Senate nominations database of the LIS.6 This information is based upon the nomination sent to the Senate by the White House. Any inconsistency in position titles between the two tables is noted in the notes following each appointment table.

Additional Appointment Information

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

Table A-2 provides summary data for each of the 15 executive departments identified in this report. The table summarizes the number of positions, nominations submitted, individual nominees, confirmations, nominations returned, and nominations withdrawn for each department. It also provides the mean and median values for the numbers of days taken to confirm nominations within each department.

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

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

Department of Agriculture

Table 2. Full-Time PAS Positions in the Department of Agriculture

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Under Secretary – Farm and Foreign Agricultural Services

III

Under Secretary – Food, Nutrition, and Consumer Services

III

Under Secretary – Food Safety

III

Under Secretary – Marketing and Regulatory Programs

III

Under Secretary – Natural Resources and Environment

III

Under Secretary – Research, Education, and Economics

III

Under Secretary – Rural Development

III

Assistant Secretary – Civil Rights

IV

Assistant Secretary – Congressional Relations

IV

Chief Financial Officerd

IV

General Counsel

IV

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Administration and Rural Utilities Service Administrator are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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)). 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. Department of Agriculture Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Brian T. Baenig

Asst. Secy. – Congressional Relations

06/22/11

10/11/11

111

Michael T. Scuse

Under Secy. – Farm and Foreign Agricultural Services

10/03/11

04/26/12

206

Mean number of days to confirm a nomination

 

158.5

Median number of days to confirm a nomination

 

158.5

Source: Created by the Congressional Research Service.

Department of Commerce

Table 4. Full-Time PAS Positions in the Department of Commerce

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Under Secretary – Economic Affairs

III

Under Secretary – Export Administrationd

III

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

III

Under Secretary – International Trade

III

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

III

Under Secretary – Standards and Technology/Director – National Institute of Standards and Technologye

III

Assistant Secretary – Administration/Chief Financial Officerf

IV

Assistant Secretary – Communications and Information

IV

Assistant Secretary – Economic Development

IV

Assistant Secretary – Export Administration

IV

Assistant Secretary – Export Enforcement

IV

Assistant Secretary – Import Administration

IV

Assistant Secretary – Legislative and Intergovernmental Affairs

IV

Assistant Secretary – Manufacturing and Services

IV

Assistant Secretary – Market Access and Compliance

IV

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

IV

Assistant Secretary – Conservation and Management/Deputy Administrator, NOAA

IV

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

IV

Director – Bureau of the Census

IV

Director – National Institute of Standards and Technology

IV

General Counsel

IV

Source: Created by the Congressional Research Service.

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

a. Positions in this column do not include those in the commissioned officer corps of NOAA, which are located in the Department of Commerce. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the position of Chief Scientist – NOAA is no longer subject to Senate advice and consent and is appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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

e. New position as of January 4, 2011, P.L. 111-358. According to §403(a), "the individual serving as the Director of the Institute on the date of enactment of the National Institute of Standards and Technology Authorization Act of 2010 shall also serve as the Under Secretary until such time as a successor is appointed under subsection (b).''

f. The chief financial officer 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)).

Table 5. Department of Commerce Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Kathryn D. Sullivan

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

01/05/11

04/14/11

99

Eric L. Hirschhorn

Under Secy. – Export Administrationa

01/26/11

10/31/11

278

Scott C. Doney

Chief Scientist – NOAA

01/26/11

Withdrawn 01/24/12

Paul Piquado

Asst. Secy. – Import Administration

03/04/11

10/21/11

231

Terry D. Garcia

Deputy Secy.

05/16/11

Withdrawn 10/03/11

John E. Bryson

Secretary

06/16/11

10/20/11

126

Rebecca M. Blank

Deputy Secy.

11/01/11

03/29/12

149

Mark Doms

Under Secy. – Economic Affairs

09/13/12

01/01/13

110

Mean number of days to confirm a nomination

 

165.5

Median number of days to confirm a nomination

 

137.5

Source: Created by the Congressional Research Service.

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

Department of Defense

Table 6. Full-Time PAS Positions in the Department of Defense

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Under Secretary – Acquisition, Technology, and Logistics

II

Inspector Generalb

III + 3%c

Under Secretary – Comptroller/Chief Financial Officerd

III

Under Secretary – Intelligence

III

Under Secretary – Personnel and Readiness

III

Under Secretary – Policy

III

Deputy Chief Management Officer

III

Principal Deputy Under Secretary – Acquisition, Technology, and Logistics

III

Principal Deputy Under Secretary – Comptroller

IV

Principal Deputy Under Secretary – Intelligence

IV

Principal Deputy Under Secretary – Personnel and Readiness

IV

Principal Deputy Under Secretary – Policy

IV

Assistant Secretary – Acquisitione

IV

Assistant Secretary – Asian and Pacific Security Affairs

IV

Assistant Secretary – Global Strategic Affairs

IV

Assistant Secretary – Health Affairs

IV

Assistant Secretary – Homeland Defense and Americas' Security Affairs

IV

Assistant Secretary – International Security Affairs

IV

Assistant Secretary – Legislative Affairs

IV

Assistant Secretary – Logistics and Materiel Readinessf

IV

Assistant Secretary – Nuclear, Chemical, and Biological Defense Programsg

IV

Assistant Secretary – Operational Energy Plans and Programsh

IV

Assistant Secretary – Readiness and Force Managementi

IV

Assistant Secretary – Research and Engineeringj

IV

Assistant Secretary – Reserve Affairs

IV

Assistant Secretary – Special Operations and Low-Intensity Conflict

IV

Director – Cost Assessment and Program Evaluation

IV

Director – Operational Test and Evaluationk

IV

General Counsel

IV

Department of the Air Force

 

Secretary

II

Under Secretary

III

Assistant Secretary – Acquisition

IV

Assistant Secretary – Financial Management/Comptroller

IV

Assistant Secretary – Manpower and Reserve Affairs

IV

Assistant Secretary – Installations, Environment and Logistics

IV

General Counsel

IV

Department of the Army

 

Secretary

II

Under Secretary

III

Assistant Secretary – Civil Works

IV

Assistant Secretary – Financial Management/Comptroller

IV

Assistant Secretary – Acquisition, Logistics and Technology

IV

Assistant Secretary – Installations, Energy and Environment

IV

Assistant Secretary – Manpower and Reserve Affairs

IV

General Counsel

IV

Department of the Navy

 

Secretary

II

Under Secretary

III

Assistant Secretary – Financial Management/Comptroller

IV

Assistant Secretary – Energy, Installations and Environment

IV

Assistant Secretary – Manpower and Reserve Affairs

IV

Assistant Secretary – Research, Development, and Acquisition

IV

General Counsel

IV

Joint Chiefs of Staffl

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

Chairman

Vice Chairman

Chief of Staff (Air Force)

Chief of Staff (Army)

Chief of Naval Operations

Commandant of the Marine Corps

Chief of the National Guard Bureaum

Source: Created by the Congressional Research Service.

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

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. Pursuant to P.L. 112-166 (enacted on August 10, 2012), the authorized number of assistant secretaries was reduced from 16 to 14. The two eliminated positions were Assistant Secretary – Networks and Information Integration and Assistant Secretary – Public Affairs. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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

e. 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) and was filled for the first time during the 112th Congress.

f. 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) and was filled for the first time during the 112th Congress.

g. The position of Assistant Secretary of for Nuclear, Chemical, and Biological Defense Programs was established by P.L. 111-383, Title IX, §901(a); (124 Stat. 4317) and was filled for the first time during the 112th Congress.

h. The position of Assistant Secretary for Operational Energy Plans and Programs was established by P.L. 111-383, Title IX, §901(a); (124 Stat. 4317) and was filled for the first time during the 112th Congress.

i. The position of Assistant Secretary for Readiness and Force Management was established by P.L. 111-383, Title IX, §901(b)(4)(A)(i).

j. The position of Assistant Secretary for Research and Engineering was established by P.L. 111-383, Title IX, §901(a); (124 Stat. 4317) and was filled for the first time during the 112th Congress.

k. 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)).

l. 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).

m. The position of Chief of the National Guard Bureau was established as a member to the Joint Chiefs of Staff by P.L. 112-81, Title V, §512(a); (125 Stat. 1393).

Table 7. Department of Defense Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Michael Vickers

Under Secy. – Intelligence

01/05/11

05/17/11

132

Jo Ann Rooney

Prin. Deputy Under Secy. – Personnel and Readiness

01/05/11

05/26/11

141

Martin E. Dempsey

Chief of Staff (Army) - Joint Chiefs of Staff

02/07/11

03/16/11

37

Madelyn R. Creedon

Asst. Secy. – Global Strategic Affairs

03/14/11

08/02/11

141

Alan F. Estevez

Asst. Secy. – Logistics and Materiel Readiness

03/14/11

Withdrawn 04/06/11

Alan F. Estevez

Asst. Secy. – Logistics and Materiel Readiness

04/06/11

08/02/11

118

Barbara K. McQuiston

Asst. Secy. – Acquisition

05/09/11

Withdrawn 07/29/11

Leon E. Panetta

Secretary

05/26/11

06/21/11

26

Martin E. Dempsey

Chairman – Joint Chiefs of Staff

06/06/11

08/02/11

57

James A. Winnefeld Jr.

Vice Chairman – Joint Chiefs of Staff

06/06/11

08/02/11

57

Raymond T. Odierno

Chief of Staff (Army) – Joint Chiefs of Staff

06/06/11

08/02/11

57

Jonathan W. Greenert

Chief of Naval Operations – Joint Chiefs of Staff

07/22/11

08/02/11

11

Ashton B. Carter

Deputy Secy.

08/02/11

09/23/11

52

Brad Carson

General Counsel – Army

09/15/11

12/17/11

93

Mark W. Lippert

Asst. Secy. – Asian and Pacific Security Affairs

10/20/11

04/26/12

189

Michael A. Sheehan

Asst. Secy. – Special Operations and Low-Intensity Conflict

11/01/11

12/17/11

46

Jessica L. Wright

Asst. Secy. – Reserve Affairs

01/24/12

05/24/12

121

James N. Miller Jr.

Under Secy. – Policy

01/24/12

05/24/12

121

Frank Kendall III

Under Secy. – Acquisition, Technology, and Logistics

01/24/12

05/24/12

121

Eric C. Conaton

Under Secy. – Personnel and Readiness

01/24/12

05/24/12

121

Heidi Shyu

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

02/06/12

09/22/12

229

Katharina G. McFarland

Asst. Secy. – Acquisition

02/13/12

05/24/12

101

Derek H. Chollet

Asst. Secy. – International Security Affairs

03/19/12

05/24/12

66

Kathleen H. Hicks

Prin. Deputy Under Secy. – Policy

03/19/12

05/24/12

66

Mark A. Welsh III

Chief of Staff (Air Force) – Joint Chiefs of Staff

05/10/12

08/02/12

84

Frank J. Grass

Chief – National Guard Bureau – Joint Chiefs of Staff

06/28/12

07/26/12

28

Eric K. Fanning

Under Secy. – Air Force

08/02/12

Returned 01/03/13a

Frederick Vollrath

Asst. Secy. – Readiness and Force Management

09/19/12

Returned 01/03/13a

Alan F. Estevez

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

09/21/12

Returned 01/03/13a

Mean number of days to confirm a nomination

 

92.3

Median number of days to confirm a nomination

 

88.5

Source: Created by the Congressional Research Service.

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

Department of Education

Table 8. Full-Time PAS Positions in the Department of Education

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Director – Institute of Education Sciencesb

II

Inspector Generalc

III + 3%d

Under Secretary

III

Chief Financial Officere

IV

Assistant Secretary – Civil Rights

IV

Assistant Secretary – Communications and Outreach

IV

Assistant Secretary – Elementary and Secondary Education

IV

Assistant Secretary – Legislation and Congressional Affairs

IV

Assistant Secretary – Planning, Evaluation and Policy Development

IV

Assistant Secretary – Postsecondary Education

IV

Assistant Secretary – Special Education and Rehabilitative Services

IV

Assistant Secretary – Vocational and Adult Education

IV

General Counsel

IV

Commissioner – Rehabilitation Services Administration

V

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Management and Commissioner – Education Statistics are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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. 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.

Table 9. Department of Education Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Deborah S. Delisle

Asst. Secy. – Elementary and Secondary Education

01/24/12

04/26/12

93

Source: Created by the Congressional Research Service.

Department of Energy

Table 10. Full-Time PAS Positions in the Department of Energy

(as of the end of the 112th Congress)

Position

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generala

III + 3%b

Under Secretary

III

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

III

Under Secretary – Science

III

Director – Advanced Research Projects Agency-Energy

III

Principal Deputy Administrator – NNSA

IV

Deputy Administrator – Defense Programs, NNSA

IV

Deputy Administrator – Defense Nuclear Nonproliferation, NNSA

IV

Administrator – Energy Information Administration

IV

Assistant Secretary – Congressional and Intergovernmental Affairs

IV

Assistant Secretary – Electricity Delivery and Energy Reliability

IV

Assistant Secretary – Energy Efficiency and Renewable Energy

IV

Assistant Secretary – Environmental Management

IV

Assistant Secretary – Fossil Energy

IV

Assistant Secretary – Nuclear Energy

IV

Assistant Secretary – Policy and International Affairs

IV

Chief Financial Officer

IV

Director – Office of Civilian Radioactive Waste Managementc

IV

Director – Office of Economic Impact and Diversityd

IV

Director – Office of Science

IV

General Counsel

IV

Source: Created by the Congressional Research Service.

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

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

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

c. According to a department spokesperson, the Office of Civilian Radioactive Waste Management was abolished as of September 2010. However, the position is still listed in the U.S. Code (42 U.S.C. §10224).

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

Table 11. Department of Energy Appointment Action During 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Peter B. Lyons

Asst. Secy. – Nuclear Energy

01/05/11

04/14/11

99

Charles D. McConnell

Asst. Secy. – Fossil Energy

07/11/11

03/29/12

262

David T. Danielson

Asst. Secy. – Energy Efficiency and Renewable Energy

07/28/11

03/29/12

245

LaDoris G. Harris

Dir. – Office of Economic Impact and Diversitya

07/28/11

03/29/12

245

Gregory H. Woods

General Counsel

08/02/11

03/29/12

240

Arunava Majumdar

Under Secy.

11/30/11

05/15/12

167

Adam E. Sieminski

Admin. – Energy Information Administration

01/24/12

05/24/12

121

Mean number of days to confirm a nomination

 

197.0

Median number of days to confirm a nomination

 

240.0

Source: Created by the Congressional Research Service.

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

Department of Health and Human Services

Table 12. Full-Time PAS Positions in the Department of Health and Human Services

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Administrator – Centers for Medicare and Medicaid Services

III

Administrator – Substance Abuse and Mental Health Services Administration

IV

Assistant Secretary – Aging

IV

Assistant Secretary – Children and Familiesd

IV

Assistant Secretary – Health

IV

Assistant Secretary – Legislation

IV

Assistant Secretary – Planning and Evaluation

IV

Assistant Secretary – Preparedness and Response

IV

Assistant Secretary – Financial Resources /Chief Financial Officere

IV

Commissioner – Food and Drugs

IV

Director – National Institutes of Health

IV

General Counsel

IV

Commissioner – Children, Youth, and Families

V

Commissioner – Administration for Native Americans

V

Director – Indian Health Servicef

V

Surgeon Generalg

h

Source: Created by the Congressional Research Service.

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

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 in which such a commission is incident to the position listed. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the position of Assistant Secretary – Public Affairs is no longer subject to Senate advice and consent and is appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

d. This position is called Assistant Secretary for Family Support in the Senate nominations database of the Legislative Information System. Within the Department of Health and Human Services, it is referred to as the Assistant Secretary for Children and Families.

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. Department of Health and Human Services Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

01/26/11

Withdrawn 12/01/11

Richard Sorian

Asst. Secy. – Public Affairs

01/26/11

Withdrawn 12/16/11

Marilyn B. Tavenner

Admin. – Centers for Medicare and Medicaid Services

12/01/11

Returned 01/03/13a

William B. Shultz

General Counsel

04/18/12

Returned 01/03/13a

Source: Created by the Congressional Research Service.

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

Department of Homeland Security

Table 14. Full-Time PAS Positions in the Department of Homeland Security

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Under Secretary – Intelligence and Analysis

III

Under Secretary – Management

III

Under Secretary – National Protection and Programs Directorate

III

Under Secretary – Science and Technology

III

Director – U.S. Citizenship and Immigration Services

III

Commissioner – U.S. Customs and Border Protection

III

Assistant Secretary – Health Affairs

IV

Assistant Secretary – Policy

IV

Assistant Secretary – Transportation Security Administrationd

IV

Assistant Secretary – U.S. Immigration and Customs Enforcemente

IV

Chief Financial Officerf

IV

General Counsel

IV

Commandant of the Coast Guard

Admiralg

Federal Emergency Management Agency (FEMA)

Administrator

II

Deputy Administrator – Protection and National Preparedness

III

Deputy Administrator/Chief Operating Officer

III

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Director – Office of Counternarcotics Enforcement; Assistant Administrator – Grant Programs (FEMA); Chief Medical Officer; and Administrator – U.S. Fire Administration are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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 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)).

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. Department of Homeland Security Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

01/26/11

Withdrawn 02/01/12

Rafael Borras

Under Secy. – Management

01/26/11

04/14/11

78

Roslyn A. Mazer

Inspector General

07/21/11

Withdrawn 06/07/12

Ernest Mitchell Jr.

Admin. – U.S. Fire Administration, Federal Emergency Management Agency (FEMA)

08/02/11

11/18/11

108

Margaret A. Sherry

Chief Financial Officer

11/18/11

03/29/12

132

Mean number of days to confirm a nomination

 

106.0

Median number of days to confirm a nomination

 

108.0

Source: Created by the Congressional Research Service.

Department of Housing and Urban Development

Table 16. Full-Time PAS Positions in the Department of Housing and Urban Development

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Assistant Secretary – Administration

IV

Assistant Secretary – Community Planning and Development

IV

Assistant Secretary – Congressional and Intergovernmental Relations

IV

Assistant Secretary – Fair Housing and Equal Opportunity

IV

Assistant Secretary – Housing/Federal Housing Administration Commissioner

IV

Assistant Secretary – Policy Development and Research

IV

Assistant Secretary – Public and Indian Housing

IV

Chief Financial Officerd

IV

General Counsel

IV

President – Government National Mortgage Association

IV

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the position of Assistant Secretary – Public Affairs is no longer subject to Senate advice and consent and is appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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

Table 17. Department of Housing and Urban Development Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

David A. Montoya

Inspector General

07/18/11

11/18/11

123

Maurice A. Jones

Deputy Secy.

09/23/11

03/29/12

188

Carol J. Galante

Asst. Secy. – Housing/Federal Housing Administration Commissioner

10/20/11

12/30/12

437

Mean number of days to confirm a nomination

 

249.3

Median number of days to confirm a nomination

 

188.0

Source: Created by the Congressional Research Service.

Department of the Interior

Table 18. Full-Time PAS Positions in the Department of the Interior

(as of the end of the 112th Congress)

Position

Pay Level

Secretary

I

Deputy Secretary

II

Special Trustee for American Indians

a

Inspector Generalb

III + 3%c

Assistant Secretary – Fish and Wildlife and Parks

IV

Assistant Secretary – Indian Affairs

IV

Assistant Secretary – Insular Affairs

IV

Assistant Secretary – Land and Minerals Management

IV

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

IV

Assistant Secretary – Water and Science

IV

Chair – National Indian Gaming Commission

IV

Solicitor

IV

Director – National Park Service

V

Director – Office of Surface Mining Reclamation and Enforcement

V

Commissioner – Bureau of Reclamation

V

Director – Bureau of Land Management

V

Director – U.S. Fish and Wildlife Service

V

Director – U.S. Geological Survey

V

Commissioner – Indian Affairsd

V

Source: Created by the Congressional Research Service.

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

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."

d. This position (provided for at 25 U.S.C. §1) has been vacant since 1981.

Table 19. Department of the Interior Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Daniel M. Ashe

Dir. – U.S. Fish and Wildlife Service

01/05/11

06/30/11

176

Rebecca R. Wodder

Asst. Secy. – Fish and Wildlife and Parks

06/09/11

Returned 01/03/12a

Marcilynn A. Burke

Asst. Secy. – Land and Minerals Management

02/06/12

Returned 01/03/13b

Kevin K. Washburn

Asst. Secy. – Indian Affairs

08/02/12

09/22/12

51

Vincent G. Logan

Special Trustee – American Indians

09/21/12

Returned 01/03/13b

Mean number of days to confirm a nomination

 

113.5

Median number of days to confirm a nomination

 

113.5

Source: Created by the Congressional Research Service.

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

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

Department of Justice

Table 20. Full-Time PAS Positions in the Department of Justice

(as of the end of the 112th Congress)

Positiona

Pay Level

Attorney General

I

Deputy Attorney General

II

Inspector Generalb

III + 3%c

Director – Bureau of Alcohol, Tobacco, Firearms, and Explosivesd

III

Director – Federal Bureau of Investigatione

II

Administrator – Drug Enforcement

III

Associate Attorney General

III

Solicitor General

III

Assistant Attorney General – Antitrust Division

IV

Assistant Attorney General – Civil Division

IV

Assistant Attorney General – Civil Rights Division

IV

Assistant Attorney General – Criminal Division

IV

Assistant Attorney General – Environment and Natural Resources Division

IV

Assistant Attorney General – Legislative Affairs

IV

Assistant Attorney General – National Security Division

IV

Assistant Attorney General – Office of Justice Programs

IV

Assistant Attorney General – Office of Legal Counsel

IV

Assistant Attorney General – Office of Legal Policy

IV

Assistant Attorney General – Tax Division

IV

Deputy Administrator – Drug Enforcement Administration

IV

Director – Community Relations Servicef

IV

Director – U.S. Marshals Service

IV

Special Counsel – Immigration-Related Unfair Employment Practicesg

h

Director – Violence Against Women Office

V

Source: Created by the Congressional Research Service.

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

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 statue 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. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Director – Bureau of Justice Statistics; Director – Bureau of Justice Assistance; Director – National Institute of Justice; Director – Office for Victims of Crime; and Administrator – Office of Juvenile Justice and Delinquency Prevention are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

d. The position of Director – Bureau of Alcohol, Tobacco, Firearms, and Explosives became a PAS position in P.L. 109-177, Title V §504 (120 Stat. 247), enacted March 9, 2006. As of the end of the 112th Congress, the position had not been filled through the advice and consent process.

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

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

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

h. "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. Department of Justice Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Virginia A. Seitz

Asst. Atty. General – Office of Legal Counsel

01/05/11

06/28/11

174

Andrew L. Traver

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

01/05/11

Returned 01/03/130

Denise E. O'Donnell

Dir. – Bureau of Justice Assistance

01/05/11

05/26/11

141

James M. Cole

Deputy Attorney General

01/05/11

06/28/11

174

Donald B. Verrilli Jr.

Solicitor General

01/26/11

06/06/11

131

Thomas M. Harrigan

Deputy Admin. – Drug Enforcement Administration

02/17/11

03/29/12

406

Lisa O. Monaco

Asst. Atty. General – National Security Division

03/17/11

06/28/11

103

Robert S. Mueller III

Dir. – Federal Bureau of Investigation

07/26/11

07/27/11

1

Michael E. Horowitz

Inspector General

07/29/11

03/29/12

244

Kathryn Keneally

Asst. Atty. General – Tax Division

09/08/11

03/29/12

203

William J. Baer

Asst. Atty. General – Antitrust Division

02/06/12

12/30/12

328

Derek A. West

Associate Atty. General

09/19/12

Returned 01/03/13a

Mean number of days to confirm a nomination

 

190.5

Median number of days to confirm a nomination

 

174.0

Source: Created by the Congressional Research Service.

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

Department of Labor

Table 22. Full-Time PAS Positions in the Department of Labor

(as of the End of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Assistant Secretary – Congressional and Intergovernmental Affairs

IV

Assistant Secretary – Disability Employment Policy

IV

Assistant Secretary – Employee Benefits Security Administration

IV

Assistant Secretary – Employment and Training Administration

IV

Assistant Secretary – Mine Safety and Health Administration

IV

Assistant Secretary – Occupational Safety and Health Administration

IV

Assistant Secretary – Policy

IV

Assistant Secretary – Veterans' Employment and Training Service

IV

Chief Financial Officerd

IV

Commissioner – Bureau of Labor Statisticse

IV

Solicitor

IV

Administrator – Wage and Hour Division

V

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Public Affairs; Assistant Secretary – Administration and Management; and Director – Women's Bureau are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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

e. This position has a four-year term. See 29 U.S.C. §3.

Table 23. Department of Labor Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Leon Rodriguez

Admin. – Wage and Hour Division

01/05/11

Withdrawn 08/02/11

Paul M. Tiao

Inspector General

01/26/11

Withdrawn 05/09/11

Erica L. Groshen

Comm. – Bureau of Labor Statistics

02/17/12

01/02/13

320

Keith Kelly

Asst. Secy. – Veterans' Employment and Training Service

09/19/12

01/01/13

104

Mean number of days to confirm a nomination

 

212.0

Median number of days to confirm a nomination

 

212.0

Source: Created by the Congressional Research Service.

Department of State

Table 24. Full-Time PAS Positions in the Department of State

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Deputy Secretary – Management and Resources

II

Inspector Generalb

III + 3%c

Under Secretary – Arms Control and International Security

III

Under Secretary – Economic Growth, Energy, and Agricultural Affairs

III

Under Secretary – Democracy and Global Affairs

III

Under Secretary – Management

III

Under Secretary – Political Affairs

III

Under Secretary – Public Diplomacy and Public Affairs

III

Ambassador-at-Large – Global Women's Issues

IV

Ambassador-at-Large – International Religious Freedom

IV

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

IV

Ambassador-at-Large – War Crimes Issues

IV

Ambassador-at-Large/Coordinator – Counterterrorism

IV

Coordinator – U.S. Global AIDS

IV

Chief of Protocol

IV

Assistant Secretary – African Affairs

IV

Assistant Secretary – Arms Control, Verification and Compliance

IV

Assistant Secretary – Conflict and Stabilization Operations/ Coordinator – Reconstruction and Stabilizationd

IV

Assistant Secretary – Consular Affairs

IV

Assistant Secretary – Democracy, Human Rights, and Labor

IV

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

IV

Assistant Secretary – East Asian and Pacific Affairs

IV

Assistant Secretary – Economic, Energy, and Business Affairs

IV

Assistant Secretary – Educational and Cultural Affairs

IV

Assistant Secretary – European and Eurasian Affairs

IV

Assistant Secretary – Intelligence and Research

IV

Assistant Secretary – International Narcotics and Law Enforcement Affairs

IV

Assistant Secretary – International Organizations Affairs

IV

Assistant Secretary – International Security and Nonproliferation

IV

Assistant Secretary – Legislative Affairs

IV

Assistant Secretary – Near Eastern Affairs

IV

Assistant Secretary – Oceans and International Environmental and Scientific Affairs

IV

Assistant Secretary – Political-Military Affairs

IV

Assistant Secretary – Population, Refugees, and Migration

IV

Assistant Secretary – South and Central Asian Affairs

IV

Assistant Secretary – Western Hemisphere Affairs

IV

Chief Financial Officerf

IV

Director General – Foreign Serviceg

IV

Legal Adviser

IV

International Organizations

 

U.S. Representative – United Nations (UN)

II

U.S. Representative – Organization of American States

h

U.S. Deputy Representative – UN

i

U.S. Representative – Economic and Social Council, UN

i

U.S. Representative – Management and Reform, UN

i

U.S. Alternate Representative – Special Political Affairs, UN

i

Source: Created by the Congressional Research Service.

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

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). Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Public Affairs and Assistant Secretary – Administration are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

d. The position of Coordinator for Reconstruction and Stabilization was established by P.L. 110-417, §1605(a); (122 Stat. 4654) and was filled for the first time during the 112th Congress.

e. From 1998 to the present, each time an individual has been nominated to and confirmed for the position of Assistant Secretary for Diplomatic Security, he has simultaneously been nominated to and confirmed for the position of Director of Foreign Missions.

f. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

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

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

i. The salaries for these positions within the UN are administratively determined.

Table 25. Department of State Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Joseph M. Torsella

U.S. Rep. – Management and Reform, United Nations (UN)

01/05/11

04/14/11

99

Suzan D. Johnson Cook

Amb.-at-Large – International Religious Freedom

02/07/11

04/14/11

66

Thomas M. Countryman

Asst. Secy. – Int'l Security and Nonproliferation

02/17/11

09/26/11

221

David S. Adams

Asst. Secy. – Legislative Affairs

05/19/11

08/02/11

75

Joyce A. Barr

Asst. Secy. – Administration

05/23/11

12/17/11

208

Wendy R. Sherman

Under Secy. – Political Affairs

07/05/11

09/15/11

72

Michael A. Hammer

Asst. Secy. – Public Affairs

07/11/11

03/29/12

262

Roberta S. Jacobson

Asst. Secy. – Western Hemisphere Affairs

10/03/11

03/29/12

178

Elizabeth M. Cousens

U.S. Rep. – Economic and Social Council, UN

10/12/11

03/29/12

169

Anne C. Richard

Asst. Secy. – Population, Refugees, and Migration

11/08/11

03/29/12

142

Tara D. Sonenshine

Under Secy. – Public Diplomacy and Public Affairs

11/08/11

03/29/12

142

Frederick D. Barton

Asst. Secy. – Conflict and Stabilization Operations

11/30/11

03/29/12

120

Frederick D. Barton

Coordinator – Reconstruction and Stabilization

11/30/11

03/29/12

120

Carlos Pascual

Asst. Secy. – Energy Resources

02/17/12

Returned 01/03/13a

Rose E. Gottemoeller

Under Secy. – Arms Control and International Security

09/11/12

Returned 01/03/13a

Mean number of days to confirm a nomination

 

144.2

Median number of days to confirm a nomination

 

142.0

Source: Created by the Congressional Research Service.

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

Department of Transportation

Table 26. Full-Time PAS Positions in the Department of Transportation

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Under Secretary – Policy

II

Administrator – Federal Aviation Administrationb

II

Administrator – Federal Highway Administration

II

Inspector Generalc

III + 3%d

Administrator – Federal Motor Carrier Safety Administration

III

Administrator – Federal Railroad Administration

III

Administrator – Federal Transit Administration

III

Administrator – Maritime Administration

III

Administrator – National Highway Traffic Safety Administration

III

Administrator – Pipeline and Hazardous Materials Safety Administration

III

Administrator – Research and Innovative Technology Administration

III

Assistant Secretary – Aviation and International Affairs

IV

Chief Financial Officere

IV

Assistant Secretary – Governmental Affairs

IV

Assistant Secretary – Transportation Policy

IV

General Counsel

IV

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Budget and Programs; Deputy Administrator – Federal Aviation Administration; and Administrator – St. Lawrence Seaway Development Corporation are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

Table 27. Department of Transportation Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Michael P. Huerta

Admin. – Federal Aviation Administration

03/27/12

01/01/13

280

Polly E. Trottenberg

Under Secy. – Policy

06/20/12

01/01/13

195

Mean number of days to confirm a nomination

 

237.5

Median number of days to confirm a nomination

 

237.5

Source: Created by the Congressional Research Service.

Department of the Treasury

Table 28. Full-Time PAS Positions in the Department of the Treasury

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Inspector General – Tax Administrationb

III + 3%c

Special Inspector General – Troubled Asset Relief Programb,d

III + 3%c

Commissioner of Internal Revenuee

III

Comptroller of the Currencyf

III

Director – Office of Financial Researchg

III

Director – Office of Thrift Supervisionh

III

Under Secretary – Domestic Finance

III

Under Secretary – Terrorism and Financial Intelligence

III

Under Secretary – International Affairs

III

Assistant Secretary – Economic Policy

IV

Assistant Secretary – Financial Institutions

IV

Assistant Secretary – Financial Markets

IV

Assistant Secretary – Financial Stability

IV

Assistant Secretary – Intelligence and Analysis

IV

Assistant Secretary – International Financei

IV

Assistant Secretary – International Markets and Development

IV

Assistant Secretary – Legislative Affairsi

IV

Assistant Secretary – Tax Policy

IV

Assistant Secretary – Terrorist Financing

IV

Chief Financial Officerj

IV

General Counsel

IV

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

V

Director of the Mintk

SLl

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Public Affairs; Assistant Secretary – Management; and Treasurer of the United States are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

d. The position of Special Inspector General has the same removal provisions as other inspectors general (see table note b, above).

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

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

g. The position of Director of the Office of Financial Research was established by P.L. 111-203, §152; (124 Stat. 1413), and was filled for the first time during the 112th Congress.

h. This position has a five-year term and specified qualifications. See 12 U.S.C. §1462a(c).

i. 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.

j. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).

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

l. 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. Department of the Treasury Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Jenni R. LeCompte

Asst. Secy. – Public Affairs

01/05/11

06/30/11

176

Michael F. Mundaca

Asst. Secy. – Tax Policy

01/26/11

Withdrawn 07/29/11

David S. Cohen

Under Secy. – Terrorism and Financial Intelligence

01/26/11

06/30/11

155

Daniel L. Glaser

Asst. Secy. – Terrorist Financing

03/04/11

05/26/11

83

Timothy G. Massad

Asst. Secy. – Financial Stability

04/08/11

06/30/11

83

Janice Eberly

Asst. Secy. – Economic Policy

05/04/11

10/21/11

170

Thomas J. Curry

Comptroller of the Currency

07/05/11

03/29/12

268

Mary J. Miller

Under Secy. – Domestic Finance

07/05/11

03/29/12

268

Cyrus Amir-Mokri

Asst. Secy. – Financial Institutions

09/08/11

10/31/11

53

Alastair M. Fitzpayne

Asst. Secy. – Legislative Affairs

09/15/11

03/29/12

196

Matthew S. Rutherford

Asst. Secy. – Financial Markets

09/23/11

08/02/12

314

Mark J. Mazur

Asst. Secy. – Tax Policy

11/15/11

08/02/12

261

Richard B. Berner

Dir. – Office of Financial Research

12/16/11

01/01/13

382

Christy L. Romero

Special Inspector General – Troubled Asset Relief Program

02/01/12

03/29/12

57

Christopher J. Meade

General Counsel

08/02/12

Returned 01/03/13a

Bibiana Boerio

Dir. – Mint

08/19/12

Returned 01/03/13a

Mean number of days to confirm a nomination

 

189.7

Median number of days to confirm a nomination

 

176.0

Source: Created by the Congressional Research Service.

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

Department of Veterans Affairs

Table 30. Full-Time PAS Positions in the Department of Veterans Affairs

(as of the end of the 112th Congress)

Positiona

Pay Level

Secretary

I

Deputy Secretary

II

Inspector Generalb

III + 3%c

Under Secretary – Benefits

III

Under Secretary – Health

III

Under Secretary – Memorial Affairs

III

Assistant Secretary – Congressional and Legislative Affairs

IV

Assistant Secretary – Information and Technology

IV

Assistant Secretary – Policy and Planning

IV

Chief Financial Officerd

IV

Chairman – Board of Veterans' Appealse

IV

General Counsel

IV

Source: Created by the Congressional Research Service.

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

a. Pursuant to P.L. 112-166 (enacted on August 10, 2012), after October 9, 2012, the positions of Assistant Secretary – Management; Assistant Secretary – Operations, Security, and Preparedness; Assistant Secretary – Human Resources and Administration; and Assistant Secretary – Public and Intergovernmental Affairs are no longer subject to Senate advice and consent and are appointed by the President alone. See Appendix B for a complete list of positions in executive departments included in that legislation.

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

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

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

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. Department of Veterans Affairs Appointment Action During the 112th Congress

Nominee

Position

Date Nominated

Date Confirmed

Days to Confirm

Allison A. Hickey

Asst. Secy. – Benefits

01/05/11

05/26/11

141

Steve L. Muro

Under Secy. – Benefits

01/05/11

05/26/11

141

Constance B. Tobias

Chairman – Board of Veterans' Appeals

01/24/12

Returned 01/03/13a

Thomas S. Sowers II

Asst. Secy. – Public and Intergovernmental Affairs

05/10/12

08/02/12

84

Mean number of days to confirm a nomination

 

122.0

Median number of days to confirm a nomination

 

141.0

Source: Created by the Congressional Research Service.

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

Appendix A. Presidential Nominations, 112th Congress

Table A-1. Nominations and Appointments to Full-Time Positions in Executive Departments, 112th Congress

Nominee

Position

Department

Date
Nominated

Date
Confirmed

Days to Confirm

David S. Adams

Asst. Secy. – Legislative Affairs

DOS

05/19/11

08/02/11

75

Cyrus Amir-Mokri

Asst. Secy. – Financial Institutions

TREAS

09/08/11

10/31/11

53

Daniel M. Ashe

Dir. – U.S. Fish and Wildlife Service

DOI

01/05/11

06/30/11

176

Brian T. Baenig

Asst. Secy. – Congressional Relations

USDA

06/22/11

10/11/11

111

William J. Baer

Asst. Atty. General – Antitrust Division

DOJ

02/06/12

12/30/12

328

Joyce A. Barr

Asst. Secy. – Administration

DOS

05/23/11

12/17/11

208

Frederick D. Barton

Asst. Secy. – Conflict and Stabilization Operations

DOS

11/30/11

03/29/12

120

Frederick D. Barton

Coordinator – Reconstruction and Stabilization

DOS

11/30/11

03/29/12

120

Richard B. Berner

Dir. – Office of Financial Research

TREAS

12/16/11

01/01/13

382

Alan D. Bersin

Commissioner – U.S. Customs and Border Protection

DHS

01/26/11

Withdrawn 02/01/12

Donald M. Berwick

Admin. – Centers for Medicare and Medicaid Services

HHS

01/26/11

Withdrawn 12/01/11

Rebecca M. Blank

Deputy Secy.

DOC

11/01/11

03/29/12

149

Bibiana Boerio

Dir. – Mint

TREAS

08/19/12

Returned 01/03/13

Rafael Borras

Under Secy. – Management

DHS

01/26/11

04/14/11

78

John E. Bryson

Secretary

DOC

06/16/11

10/20/11

126

Marcilynn A. Burke

Asst. Secy. – Land and Minerals Management

DOI

02/06/12

Returned 01/03/13

Brad Carson

General Counsel – Army

DOD

09/15/11

12/17/11

93

Ashton B. Carter

Deputy Secy.

DOD

08/02/11

09/23/11

52

Derek H. Chollet

Asst. Secy. – International Security Affairs

DOD

03/19/12

05/24/12

66

David S. Cohen

Under Secy. – Terrorism and Financial Intelligence

TREAS

01/26/11

06/30/11

155

James M. Cole

Deputy Attorney General

DOJ

01/05/11

06/28/11

174

Eric C. Conaton

Under Secy. – Personnel and Readiness

DOD

01/24/12

05/24/12

121

Thomas M. Countryman

Asst. Secy. – Int'l Security and Nonproliferation

DOS

02/17/11

09/26/11

221

Elizabeth M. Cousens

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

DOS

10/12/11

03/29/12

169

Madelyn R. Creedon

Asst. Secy. – Global Strategic Affairs

DOD

03/14/11

08/02/11

141

Thomas J. Curry

Comptroller of the Currency

TREAS

07/05/11

03/29/12

268

David T. Danielson

Asst. Secy. – Energy Efficiency and Renewable Energy

DOE

07/28/11

03/29/12

245

Deborah S. Delisle

Asst. Secy. – Elementary and Secondary Education

ED

01/24/12

04/26/12

93

Martin E. Dempsey

Chief of Staff (Army) – Joint Chiefs of Staff

DOD

02/07/11

03/16/11

37

Martin E. Dempsey

Chairman – Joint Chiefs of Staff

DOD

06/06/11

08/02/11

57

Mark Doms

Under Secy. – Economic Affairs

DOC

09/13/12

01/01/13

110

Scott C. Doney

Chief Scientist – National Oceanic and Atmospheric Administration (NOAA)

DOC

01/26/11

Withdrawn 01/24/12

Janice Eberly

Asst. Secy. – Economic Policy

TREAS

05/04/11

10/21/11

170

Alan F. Estevez

Asst. Secy. – Logistics and Materiel Readiness

DOD

03/14/11

Withdrawn 04/06/11

Alan F. Estevez

Asst. Secy. – Logistics and Materiel Readiness

DOD

04/06/11

08/02/11

118

Alan F. Estevez

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

DOD

09/21/12

Returned 01/03/13

Eric K. Fanning

Under Secy. – Air Force

DOD

08/02/12

Returned 01/03/13

Alastair M. Fitzpayne

Asst. Secy. – Legislative Affairs

TREAS

09/15/11

03/29/12

196

Carol J. Galante

Asst. Secy. – Housing/Federal Housing Administration Commissioner

HUD

10/20/11

12/30/12

437

Terry D. Garcia

Deputy Secy.

DOC

05/16/11

Withdrawn 10/03/11

Daniel L. Glaser

Asst. Secy. – Terrorist Financing

TREAS

03/04/11

05/26/11

83

Rose E. Gottemoeller

Under Secy. – Arms Control and International Security

DOS

09/11/12

Returned 01/03/13

Frank J. Grass

Chief - National Guard Bureau, Joint Chiefs of Staff

DOD

06/28/12

07/26/12

28

Jonathan W. Greenert

Chief of Naval Operations – Joint Chiefs of Staff

DOD

07/22/11

08/02/11

11

Erica L. Groshen

Comm. – Bureau of Labor Statistics

DOL

02/17/12

01/02/13

320

Michael A. Hammer

Asst. Secy. – Public Affairs

DOS

07/11/11

03/29/12

262

Thomas M. Harrigan

Deputy Admin. – Drug Enforcement Administration

DOJ

02/17/11

03/29/12

406

LaDoris G. Harris

Dir. – Office of Economic Impact and Diversity

DOE

07/28/11

03/29/12

245

Allison A. Hickey

Asst. Secy. – Benefits

DVA

01/05/11

05/26/11

141

Kathleen H. Hicks

Prin. Deputy Under Secy. – Policy

DOD

03/19/12

05/24/12

66

Eric L. Hirschhorn

Under Secy. – Export Administration

DOC

01/26/11

10/31/11

278

Michael E. Horowitz

Inspector General

DOJ

07/29/11

03/29/12

244

Michael P. Huerta

Admin. – Federal Aviation Administration

DOT

03/27/12

01/01/13

280

Roberta S. Jacobson

Asst. Secy. – Western Hemisphere Affairs

DOS

10/03/11

03/29/12

178

Suzan D. Johnson Cook

Amb.-at-Large – International Religious Freedom

DOS

02/07/11

04/14/11

66

Maurice A. Jones

Deputy Secy.

HUD

09/23/11

03/29/12

188

Keith Kelly

Asst. Secy. – Veterans' Employment and Training Service

DOL

09/19/12

01/01/13

104

Frank Kendall III

Under Secy. – Acquisition, Technology, and Logistics

DOD

01/24/12

05/24/12

121

Kathryn Keneally

Asst. Atty. General – Tax Division

DOJ

09/08/11

03/29/12

203

Mark W. Lippert

Asst. Secy. – Asian and Pacific Security Affairs

DOD

10/20/11

04/26/12

189

Vincent G. Logan

Special Trustee – American Indians

DOI

09/21/12

Returned 01/03/13

Peter B. Lyons

Asst. Secy. – Nuclear Energy

DOE

01/05/11

04/14/11

99

Arunava Majumdar

Under Secy.

DOE

11/30/11

05/15/12

167

Timothy G. Massad

Asst. Secy. – Financial Stability

TREAS

04/08/11

06/30/11

83

Roslyn A. Mazer

Inspector General

DHS

07/21/11

Withdrawn 06/07/12

Mark J. Mazur

Asst. Secy. – Tax Policy

TREAS

11/15/11

08/02/12

261

Charles D. McConnell

Asst. Secy. – Fossil Energy

DOE

07/11/11

03/29/12

262

Katharina G. McFarland

Asst. Secy. – Acquisition

DOD

02/13/12

05/24/12

101

Barbara K. McQuiston

Asst. Secy. – Acquisition

DOD

05/09/11

Withdrawn 07/29/11

Christopher J. Meade

General Counsel

TREAS

08/02/12

Returned 01/03/13

Mary J. Miller

Under Secy. – Domestic Finance

TREAS

07/05/11

03/29/12

268

James N. Miller Jr

Under Secy. – Policy

DOD

01/24/12

05/24/12

121

Ernest Mitchell Jr

Admin. – U.S. Fire Administration, Federal Emergency Management Agency (FEMA)

DHS

08/02/11

11/18/11

108

Lisa O. Monaco

Asst. Atty. General – National Security Division

DOJ

03/17/11

06/28/11

103

David A. Montoya

Inspector General

HUD

07/18/11

11/18/11

123

Robert S. Mueller III

Dir. – Federal Bureau of Investigation

DOJ

07/26/11

07/27/11

1

Michael F. Mundaca

Asst. Secy. – Tax Policy

TREAS

01/26/11

Withdrawn 07/29/11

Steve L. Muro

Under Secy. – Benefits

DVA

01/05/11

05/26/11

141

Denise E. O'Donnell

Dir. – Bureau of Justice Assistance

DOJ

01/05/11

05/26/11

141

Raymond T. Odierno

Chief of Staff (Army) – Joint Chiefs of Staff

DOD

06/06/11

08/02/11

57

Leon E. Panetta

Secretary

DOD

05/26/11

06/21/11

26

Carlos Pascual

Asst. Secy. – Energy Resources

DOS

02/17/12

Returned 01/03/13

Paul Piquado

Asst. Secy. – Import Administration

DOC

03/04/11

10/21/11

231

Anne C. Richard

Asst. Secy. – Population, Refugees, and Migration

DOS

11/08/11

03/29/12

142

Leon Rodriguez

Admin. – Wage and Hour Division

DOL

01/05/11

Withdrawn 08/02/11

Christy L. Romero

Special Inspector General – Troubled Asset Relief Program

TREAS

02/01/12

03/29/12

57

Jo Ann Rooney

Prin. Deputy Under Secy. – Personnel and Readiness

DOD

01/05/11

05/26/11

141

Matthew S. Rutherford

Asst. Secy. – Financial Markets

TREAS

09/23/11

08/02/12

314

Michael T. Scuse

Under Secy. – Farm and Foreign Agricultural Services

USDA

10/03/11

04/26/12

206

Virginia A. Seitz

Asst. Atty. General – Office of Legal Counsel

DOJ

01/05/11

06/28/11

174

Michael A. Sheehan

Asst. Secy. – Special Operations and Low-Intensity Conflict

DOD

11/01/11

12/17/11

46

Wendy R. Sherman

Under Secy. – Political Affairs

DOS

07/05/11

09/15/11

72

Margaret A. Sherry

Chief Financial Officer

DHS

11/18/11

03/29/12

132

William B. Shultz

General Counsel

HHS

04/18/12

Returned 01/03/13

Heidi Shyu

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

DOD

02/06/12

09/22/12

229

Adam E. Sieminski

Admin. – Energy Information Administration

DOE

01/24/12

05/24/12

121

Tara D. Sonenshine

Under Secy. – Public Diplomacy and Public Affairs

DOS

11/08/11

03/29/12

142

Richard Sorian

Asst. Secy. – Public Affairs

HHS

01/26/11

Withdrawn 12/16/11

Thomas S. Sowers II

Asst. Secy. – Public and Intergovernmental Affairs

DVA

05/10/12

08/02/12

84

Kathryn D. Sullivan

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

DOC

01/05/11

04/14/11

99

Marilyn B. Tavenner

Admin. – Centers for Medicare and Medicaid Services

HHS

12/01/11

Returned 01/03/13

Paul M. Tiao

Inspector General

DOL

01/26/11

Withdrawn 05/09/11

Constance B. Tobias

Chairman – Board of Veterans' Appeals

DVA

01/24/12

Returned 01/03/13

Joseph M. Torsella

U.S. Rep. – Management and Reform, UN

DOS

01/05/11

04/14/11

99

Andrew L. Traver

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

DOJ

01/05/11

Returned 01/03/13

Polly E. Trottenberg

Under Secy. – Policy

DOT

06/20/12

01/01/13

195

Donald B. Verrilli Jr

Solicitor General

DOJ

01/26/11

06/06/11

131

Michael Vickers

Under Secy. – Intelligence

DOD

01/05/11

05/17/11

132

Frederick Vollrath

Asst. Secy. – Readiness and Force Management

DOD

09/19/12

Returned 01/03/13

Kevin K. Washburn

Asst. Secy. – Indian Affairs

DOI

08/02/12

09/22/12

51

Mark A. Welsh III

Chief of Staff (Air Force) – Joint Chiefs of Staff

DOD

05/10/12

08/02/12

84

Derek A. West

Associate Atty. General

DOJ

09/19/12

Returned 01/03/13

James A. Winnefeld Jr.

Vice Chairman – Joint Chiefs of Staff

DOD

06/06/11

08/02/11

57

Rebecca R. Wodder

Asst. Secy. – Fish and Wildlife and Parks

DOI

06/09/11

Returned 01/03/12

Gregory H. Woods

General Counsel

DOE

08/02/11

03/29/12

240

Jessica L. Wright

Asst. Secy. – Reserve Affairs

DOD

01/24/12

05/24/12

121

Mean number of days to confirm

 

151.4

Median number of days to confirm

 

131.5

Source: Created by the Congressional Research Service.

Note: For a complete list of departmental abbreviations, see Appendix C.

Table A-2. Appointment Action, Executive Departments, 112th Congress

Department

Positions

Nominations

Individual Nominees

Confirmations

Returned

Withdrawn

Recess Appointments

Mean Days to Confirm

Median Days to Confirm

Agriculture

14

2

2

2

0

0

0

158.5

158.5

Commerce

24

8

8

6

0

2

0

165.5

137.5

Defense

60

29

26

24

3

2

0

92.3

88.5

Education

16

1

1

1

0

0

0

93.0

93.0

Energy

23

7

7

7

0

0

0

197.0

240.0

Health and Human Services

19

4

4

0

2

2

0

n/a

n/a

Homeland Security

19

5

5

3

0

2

0

106.0

108.0

Housing and Urban Development

13

3

3

3

0

0

0

249.3

188.0

Interior

19

5

5

2

3

0

0

113.5

113.5

Justice

24

12

12

10

2

0

0

190.5

174.0

Labor

15

4

4

2

0

2

0

212.0

212.0

State

47

15

14

13

2

0

0

144.2

142.0

Transportation

18

2

2

2

0

0

0

237.5

237.5

Treasury

26

15

15

12

2

1

0

190.8

183.0

Veterans Affairs

12

4

4

3

1

0

0

122.0

141.0

Total

349

116

112

90

15

11

0

151.4

131.5

Source: Created by the Congressional Research Service.

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

Table B-1. Positions in Executive Departments that No Longer Require Senate Confirmation Under P.L. 112-166

Department

Position

Agriculture

Assistant Secretary – Administration

Agriculture

Rural Utilities Service Administrator

Commerce

Chief Scientist – National Oceanic and Atmospheric Administration (NOAA)

Education

Assistant Secretary – Management

Education

Commissioner – Education Statistics

Health and Human Services

Assistant Secretary – Public Affairs

Homeland Security

Director – Office of Counternarcotics Enforcement

Homeland Security

Assistant Administrator – Grant Programs, Federal Emergency Management Agency (FEMA)

Homeland Security

Chief Medical Officer

Homeland Security

Administrator – U.S. Fire Administration

Housing and Urban Development

Assistant Secretary – Public Affairs

Justice

Director – Bureau of Justice Statistics

Justice

Director – Bureau of Justice Assistance

Justice

Director – National Institute of Justice

Justice

Director – Office for Victims of Crime

Justice

Administrator – Office of Juvenile Justice and Delinquency Prevention

Labor

Assistant Secretary – Public Affairs

Labor

Assistant Secretary – Administration and Management

Labor

Director – Women's Bureau

State

Assistant Secretary – Public Affairs

State

Assistant Secretary – Administration

Transportation

Assistant Secretary – Budget and Programs

Transportation

Deputy Administrator – Federal Aviation Administration

Transportation

Administrator – St. Lawrence Seaway Development Corporation

Treasury

Assistant Secretary – Public Affairs

Treasury

Assistant Secretary – Management

Treasury

Treasurer of the United States

Veterans Affairs

Assistant Secretary – Management

Veterans Affairs

Assistant Secretary – Operations, Security, and Preparedness

Veterans Affairs

Assistant Secretary – Human Resources and Administration

Veterans Affairs

Assistant Secretary – Public and Intergovernmental Affairs

Source: Created by the Congressional Research Service.

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

Appendix C. Abbreviations of Departments

Table C-1. Department Abbreviations

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

Source: Created by the Congressional Research Service.

Acknowledgments

[author name scrubbed], Analyst in Government Organization and Management, provided some of the information in this report. Maureen Bearden, who is no longer at CRS, assisted in the collection of data used in this report.

Footnotes

1.

Full-time departmental presidential appointments with Senate confirmation (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; the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. Nominees to these positions are generally submitted in groups, often with dozens or hundreds of names appearing in a single nomination, and tend to be of a noncontroversial nature.

2.

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

3.

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, 112th Cong., 1st sess., S. Doc. 112-1 (Washington: GPO, 2011), p. 58.

4.

The data on incumbents at the end of the 112th Congress were collected as of the Senate's last day of business on January 3, 2013. Beginning on January 4, agency officials were contacted and the lists of incumbents were finalized.

5.

See footnote 1 for a list of full-time positions not included in this report.

6.

In some cases, the title drawn from the LIS database is expanded upon for clarity in the second table. For example, Carol J. Galante was nominated to be Assistant Secretary of Housing and Urban Development (HUD). Her nomination, as shown in the LIS database, does not indicate to which assistant secretary position she was nominated; it merely states that she was nominated as an assistant secretary. In the section on HUD, the second table shows that she was nominated to be Assistant Secretary for Housing.

7.

In addition, P.L. 112-166 removed the advice and consent requirements for 2,356 positions in the Public Health Service Officer Corps and 319 positions in the National Oceanic and Atmospheric Administration Officer Corps. For more information on P.L. 112-166, see CRS Report R41872, Presidential Appointments, the Senate's Confirmation Process, and Changes Made in the 112th Congress, by [author name scrubbed].