# Presidential Appointments to Full-Time Positions in Executive Departments During the 110th Congress, 2007-2008 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR41497 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** November 19, 2010 - **Citation:** R41497 ## Text Presidential Appointments to Full-Time Positions in Executive Departments During the 110th Congress, 2007-2008 (name redacted) Analyst in American National Government (name redacted) Analyst in Government Organization and Management Maureen Bearden Information Research Specialist November 19, 2010 Congressional Research Service 7-.... www.crs.gov R41497 CRS Report for Congress Prepared for Members and Committees of Congress Presidential Appointments to Full-Time Positions in Executive Departments Summary The appointment process for advice and consent positions consists of three main stages. The first stage is selection, clearance, and nomination by the President. This step includes preliminary vetting, background checks, and ethics checks of potential nominees. At this stage, the president may also consult with Senators who are from the same party if the position is located in a state. The second stage of the process is consideration of the nomination in the Senate, most of which takes place in committee. Finally, if a nomination is approved by the full Senate, the nominee is given a commission signed by the President, which makes the nomination official. During the 110th Congress, the President submitted to the Senate 172 nominations to executive department full-time positions. Of these 172 nominations, 125 were confirmed; 13 were withdrawn; and 34 were returned to him in accordance with Senate rules. For those nominations that were confirmed, an average of 104 days elapsed between nomination and confirmation. The median number of days elapsed was 92. The methodology used in this report to count the length of time between nomination and confirmation differs from that which was used in previous similar CRS reports. The statistics presented here include the days during which the Senate was adjourned for its summer recesses and between sessions of Congress. The methodological change, which may reduce the comparability of statistics in this report with those of the earlier research, is discussed in the text of this report as well as in an appendix. Reasons for the change include the conversion of long recesses into a series of short recesses punctuated by pro forma sessions during the 110th Congress; the fact that although committees may not be taking direct action on nominations in the form of hearings or votes, they are likely still considering and processing nominations during recesses; and a desire to be consistent with the methodology used by many political scientists as well as CRS research on judicial nominations. In addition, an argument could be made that the decision to extend Senate consideration of nominees over the course of a recess is intentional, and the choice to extend this length of time is better represented by including all days, including long recesses. President George W. Bush did not make any recess appointments to executive department fulltime positions during the 110th Congress. Information for this report was compiled from data from the Senate nominations database of the Legislative Information System http://www.congress.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2008 “Plum Book” (United States Government Policy and Supporting Positions). This report will not be updated. Congressional Research Service Presidential Appointments to Full-Time Positions in Executive Departments Contents The Appointment Process for Advice and Consent Positions........................................................1 Selection, Clearance, and Nomination ...................................................................................1 Senate Consideration.............................................................................................................3 Appointment .........................................................................................................................4 Recess Appointments ..................................................................................................................4 Temporary Appointments ............................................................................................................6 Appointments During the 110th Congress ....................................................................................6 Length of Time to Confirm a Nomination....................................................................................7 Organization of This Report ........................................................................................................8 Executive Department Profiles ..............................................................................................8 Additional Appointment Information.....................................................................................9 Department of Agriculture (USDA)........................................................................................... 11 Department of Commerce (DOC).............................................................................................. 12 Department of Defense (DOD).................................................................................................. 14 Department of Education (ED) .................................................................................................. 18 Department of Energy (DOE).................................................................................................... 20 Department of Health and Human Services (HHS) .................................................................... 22 Department of Homeland Security (DHS) ................................................................................. 24 Department of Housing and Urban Development (HUD)........................................................... 27 Department of the Interior (DOI)............................................................................................... 29 Department of Justice (DOJ) ..................................................................................................... 31 Department of Labor (DOL)...................................................................................................... 34 Department of State (DOS) ....................................................................................................... 36 Department of Transportation (DOT) ........................................................................................ 40 Department of the Treasury (TREAS) ....................................................................................... 42 Department of Veterans Affairs (DVA) ...................................................................................... 44 Tables Table 1. Nomination Action for 15 Departments During the 110th Congress .................................7 Appendixes Appendix A. Presidential Nominations, 110th Congress ............................................................. 46 Appendix B. Nomination Action, 110th Congress....................................................................... 54 Appendix C. Senate Intersession Recesses and Intrasession Recesses of Four or More Days, 110th Congress.............................................................................................................. 55 Congressional Research Service Presidential Appointments to Full-Time Positions in Executive Departments Appendix D. Abbreviations of Departments .............................................................................. 56 Appendix E. Change in Methodology from Previous Tracking Reports...................................... 57 Contacts Author Contact Information ...................................................................................................... 58 Acknowledgments .................................................................................................................... 59 Congressional Research Service Presidential Appointments to Full-Time Positions in Executive Departments T his report explains the process for filling positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). It also identifies, for the 110th Congress, all nominations to executive-level full-time positions1 in the 15 departments. Profiles of the departments provide information regarding their full-time PAS positions and related appointment activity during the 110th Congress. The Appointment Process for Advice and Consent Positions The President and the Senate share the power to appoint the principal officers of the United States.2 The Constitution (Article II, Section 2, clause 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States.3 Three distinct stages mark the appointment process: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President. Selection, Clearance, and Nomination In the first stage, the White House selects and clears a prospective appointee before sending a formal nomination to the Senate. There are a number of steps in this stage of the process for most Senate-confirmed positions. First, with the assistance of, and preliminary vetting by, the White House Office of Presidential Personnel, the President selects a candidate for the position. Members of Congress and interest groups sometimes recommend candidates for specific PAS positions. They may offer their suggestions by letter, for example, or by contact with a White House liaison.4 In general, the White House is under no obligation to follow such recommendations. In the case of the Senate, however, it has been argued that Senators are constitutionally entitled, by virtue of the advice and consent clause noted above, to provide advice to the President regarding his selection; the extent of this entitlement is a matter of some debate.5 As a practical matter, in instances where Senators perceive insufficient pre-nomination 1 Full-time departmental PAS positions that are not covered in this report include U.S. attorney and U.S. marshal positions in the Department of Justice; most Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. 2 A succinct historical and contemporary overview of the appointment power is found in (name redacted), “Appointment Powers,” in his Constitutional Conflicts between Congress and the President, 5th ed., rev. (Lawrence, KS: University Press of Kansas, 2007), pp. 21-47. 3 Art. II, Sec. 2, cl. 2 provides that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” 4 The Council for Excellence in Government’s Presidential Appointee Initiative, A Survivor’s Guide for Presidential Nominees, The Brookings Institution, Washington, D.C., November 2000, pp. 31-32. 5 See, for example, Michael J. Gerhardt, The Federal Appointments Process: A Constitutional and Historical Analysis (Durham: Duke University Press, 2003), pp. 29-34. Congressional Research Service 1 Presidential Appointments to Full-Time Positions in Executive Departments consultation has occurred, they have sometimes exercised their procedural prerogatives to delay or even effectively block consideration of a nomination.6 During the clearance process, the candidate prepares and submits several forms, including the “Public Financial Disclosure Report” (Standard Form (SF) 278), the “Questionnaire for National Security Positions” (SF 86), and the White House “Personal Data Statement Questionnaire.” The Office of the Counsel to the President oversees the clearance process, which often includes the collection and review of background information by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Government Ethics (OGE), and an ethics official for the agency to which the candidate is to be appointed. If conflicts of interest are found during the background check, OGE and the agency ethics officer may work with the candidate to mitigate the conflicts. Once the Office of the Counsel to the President has cleared the candidate, the nomination is ready to be submitted to the Senate. The selection and clearance stage has often been the longest part of the appointment process. There have been, at times, lengthy delays, particularly when many candidates have been processed simultaneously, such as at the beginning of an Administration, or where conflicts needed to be resolved. Candidates for higher-level positions have often been accorded priority in this process. At the end of 2004, in an effort to reduce the elapsed time between a new President’s inauguration and the appointment of his or her national security team, Congress enacted amendments to the Presidential Transition Act of 1963.7 These amendments encourage a President-elect to submit, for security clearance, potential nominees to high-level national security positions as soon as possible after the election. 8 A separate provision of law, enacted as part of the Federal Vacancies Reform Act of 1998, lengthens, during presidential transitions, the potential duration of a temporary appointment by 90 days.9 Although this provision might give some additional flexibility to an incoming President, it might also lengthen the appointment process for some positions by, in effect, extending the deadline by which a permanent appointment must be completed. For a position located within a state (e.g., U.S. attorney, U.S. marshal, and U.S. district judge), the President, by custom, normally has nominated an individual recommended by one or both Senators (if they are from the same party as the President) from that state. In instances where neither Senator is from the President’s party, he usually has deferred to the recommendations of party leaders from the state. Occasionally, the President has solicited recommendations from Senators of the opposition party because of their positions in the Senate. If circumstances permit and conditions are met, the President could give the nominee a recess appointment to the position (see section entitled “Recess Appointments” below). Recess appointments have sometimes had political consequences, however, particularly where Senators perceived that such an appointment was an effort to circumvent their constitutional role. Some Senate-confirmed positions, such as many of those in the executive departments, may also be temporarily filled under the Vacancies Act.10 6 See, for example, ibid., pp. 152-153. 3 U.S.C. § 102 note. 8 P.L. 108-458, § 7601; 118 Stat. 3856. 9 5 U.S.C. § 3349a. 10 P.L. 105-277, Div. C, Title I, § 151; 5 U.S.C. §§ 3345-3349d. For more on the Vacancies Act, see CRS Report 98892, The New Vacancies Act: Congress Acts to Protect the Senate’s Confirmation Prerogative, by (name redacted). 7 Congressional Research Service 2 Presidential Appointments to Full-Time Positions in Executive Departments A nominee has no legal authority to assume the duties and responsibilities of the position; a nominee who is hired by the agency as a consultant while awaiting confirmation may serve only in an advisory capacity. Authority to act comes once there is Senate confirmation and presidential appointment, or if another method of appointment, such as a recess appointment or a temporary appointment, is utilized. (For further information on these methods, see sections entitled “Recess Appointments” and “Temporary Appointments” below.) Senate Consideration In the second stage, the Senate alone determines whether or not to confirm a nomination.11 The way the Senate has acted on a nomination has depended largely on the importance of the position involved, existing political circumstances, and policy implications. Generally, the Senate has shown particular interest in the nominee’s views and how they are likely to affect public policy.12 Two other factors have sometimes affected the examination of a nominee’s personal and professional qualities: whether the President’s party controlled the Senate, and the degree to which the President became involved in supporting the nomination. Much of the Senate confirmation process occurs at the committee level. Administratively, nominations are received by the Senate executive clerk, who arranges for the referral of the nominations to committee, according to the Senate rules and precedents.13 Committee nomination activity has generally included investigation, hearing, and reporting stages. As part of investigatory work, committees have drawn on information provided by the White House, as well as information they themselves have collected. Some committees have held hearings on nearly all nominations; others have held hearings for only some. Hearings provide a public forum to discuss a nomination and any issues related to the program or agency for which the nominee would be responsible. Even where confirmation has been thought to be a virtual certainty, hearings have provided Senators and the nominee with opportunities to go on the record with particular views or commitments. Senators have used hearings to explore nominees’ qualifications, articulate policy perspectives, or raise related oversight issues. A committee may decline to act on a nomination at any point—upon referral, after investigation, or after a hearing. If the committee votes to report a nomination to the full Senate, it has three options: it may report the nomination favorably, unfavorably, or without recommendation. A failure to obtain a majority on the motion to report means the nomination will not be reported to the Senate.14 If the committee declines to report a nomination, the Senate may, under certain 11 For further information on this stage of the appointment process, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by (name redacted); and CRS Report RL31948, Evolution of the Senate’s Role in the Nomination and Confirmation Process: A Brief History, by (name redacted). 12 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 13 Formally, the presiding officer of the Senate makes the referrals. For more information, see Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28 (Washington: GPO, 1992), pp. 1154-8; and CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by (name redacted), pp. 2-3. 14 One example of such an occurrence was the Senate Judiciary Committee’s rejection of William Lucas, whom President George H. W. Bush had nominated for Assistant Attorney General for Civil Rights. Reportedly, the committee first rejected reporting the nomination favorably, then the committee rejected sending the nomination to the full Senate without any recommendation. Although the disposition of the vote was 7-7, a majority is required to report a nomination out of committee. For further information on this example, see “Senate Panel Rejects Lucas for Rights Post,” St. Louis Post-Dispatch, August 2, 1989, p. 1A. Congressional Research Service 3 Presidential Appointments to Full-Time Positions in Executive Departments circumstances, discharge the committee from further consideration of the nomination in order to bring it to the floor. 15 The Senate historically has confirmed most, but not all, executive nominations. Rarely, however, has a vote to confirm a nomination failed on the Senate floor. Unsuccessful nominations usually do not make it past the committee stage. Failure of a nomination to make it out of committee has occurred for a variety of reasons, including opposition to the nomination, inadequate amount of time for consideration of the nomination, or factors that may not be directly related to the merits of the nomination. Senate rules provide that “[n]ominations 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.”16 In practice, such pending nominations have been returned to the President at the end of the session or Congress. Pending nominations also may be returned automatically to the President at the beginning of a recess of more than 30 days, but the Senate rule providing for this return is often waived.17 Appointment In the final stage, the confirmed nominee is given a commission bearing the Great Seal of the United States signed by the President and is sworn into office. The President may sign the commission at any time after confirmation, at which point the appointment becomes official. Once the appointee is given the commission and sworn in, he or she has full authority to carry out the responsibilities of the office. Recess Appointments The Constitution also empowers the President to make limited-term appointments without Senate confirmation when the Senate is in recess.18 Such recess appointments expire at the end of the next session of the Senate. Appendix C provides a table showing the dates of the Senate recesses for the 110th Congress and showing that during this Congress, President Bush made no recess appointments to executive department positions. Presidents have occasionally used the recess appointment power to circumvent the confirmation process. In response, Congress has enacted provisions that restrict the pay of recess appointees under certain circumstances. Because most potential appointees to full-time positions cannot serve without a salary, the President has an incentive to use his recess appointment authority in ways that allow them to be paid. Under the provisions, if the position falls vacant while the Senate is in session and the President fills it by recess appointment, the appointee may not be paid 15 For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by (name redacted), p. 7. 16 The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 110th Cong., 2nd sess., S. Doc. 110-1 (Washington: GPO, 2008), p. 58, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 17 For an example of a waiver of the rule, see Sen. Harry Reid, “Nominations Status Quo,” Congressional Record, daily edition, vol. 153, December 19, 2007, p. S16061. 18 Art. II, Sec. 2, cl. 3. Congressional Research Service 4 Presidential Appointments to Full-Time Positions in Executive Departments from the Treasury until he or she is confirmed by the Senate. However, the salary prohibition does not apply (1) if the vacancy arose within 30 days before the end of the session of the Senate; (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.19 A recess appointment falling under any one of these three exceptions must be followed by a nomination to the position not later than 40 days after the beginning of the next session of the Senate. 20 For this reason, when a recess appointment is made, the President generally submits a new nomination for the nominee even when an old nomination is pending.21 These provisions have been interpreted by the Department of Justice to preclude payment of an appointee who is given successive recess appointments to the same position.22 Although recess appointees whose nominations to a full term are subsequently rejected by the Senate may continue to serve until the end of their recess appointment, a provision of the FY2008 Financial Services and General Government Appropriations Act may prevent them from being paid after their rejection. The provision reads, “Hereafter, no part of any appropriation contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.”23 Prior to this provision, similar wording was included in annual funding measures for most or all of the previous 50 years. Another recent congressional response to the President’s use of recess appointments was the decision, during the latter part of the first session of the 110th Congress, to restructure the Senate’s longer recesses into a series of shorter recesses divided by pro forma sessions.24 Based upon the notion that the President can be restricted from making recess appointments during a recess that is no more than three days, the Senate sought to prevent recess appointments by holding pro forma sessions approximately every three days. 25 Beginning in November of 2007, the Senate agreed to 19 5 U.S.C. § 5503(a). 5 U.S.C. § 5503(b). 21 For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name red acted); and CRS Report RL33009, Recess Appointments: A Legal Overview, by (name redacted). 22 15 Op. O.L.C. 93 (1991). See also 6 Op. O.L.C. 585 (1982); 41 Op. A.G. 463 (1960). 23 P.L. 110-161, Div. D, § 709. 20 24 A pro forma session is a short meeting of the House or Senate during which it is understood that no business will be conducted. 25 The Constitution does not specify how long the Senate must be in recess for the President to have the ability to make a recess appointment. The three-day norm derives from a Justice Department brief written in 1993. In this brief, the authors posited that because the Constitution allows the Senate to adjourn its session for up to three days without obtaining the consent of the House, a recess of three days or fewer is not considered “constitutionally significant.” Over the past two decades, the shortest recess during which a President made an appointment was 10 days. For more information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name redacted). For the Justice Department brief, see Mackie v. Clinton, Memorandum of Points and Authorities in Support of Defendants’ (continued...) Congressional Research Service 5 Presidential Appointments to Full-Time Positions in Executive Departments regularly scheduled pro forma sessions during periods that would have otherwise been recesses of duration of a week or longer. The Senate recessed on November 16, and pro forma meetings were convened on November 20, 23, 27, and 29, with no business conducted. The Senate reconvened and conducted business beginning on December 3, 2007. Similar procedures were followed for the remainder of the 110th Congress during other periods that would otherwise have been Senate recesses of at least a week in duration. For the remainder of his presidency, President Bush did not make any more recess appointments. 26 Temporary Appointments Congress has provided limited statutory authority for the temporary filling of vacant positions requiring Senate confirmation. It is expected that, in general, officials holding PAS positions who have been designated as “acting” are holding their offices under this authority or other statutory authority specific to their agencies. Under the Federal Vacancies Reform Act of 1998,27 when an executive agency position requiring confirmation becomes vacant, it may be filled temporarily in one of three ways: (1) the first assistant to such a position may automatically assume the functions and duties of the office; (2) the President may direct an officer in any agency who is occupying a position requiring Senate confirmation to perform those tasks; or (3) the President may select any officer or employee of the subject agency who is occupying a position for which the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level, and who has been with the agency for at least 90 of the preceding 365 days. The temporary appointment is for 210 days, but the time restriction is suspended if a first or second nomination for the position is pending. In addition, during a presidential transition, the 210-day restriction period does not begin to run until either 90 days after the President assumes office, or 90 days after the vacancy occurs, if it is within the 90-day inauguration period. The act does not apply to positions on multiheaded regulatory boards and commissions and to certain other specific positions that may be filled temporarily under other statutory provisions.28 Appointments During the 110th Congress Table 1 summarizes appointment activity, during the 110th Congress, related to full-time positions in the 15 departments. President George W. Bush submitted to the Senate 172 nominations to executive department full-time positions. Of these 172 nominations, 125 were confirmed; 13 were withdrawn; and 34 were returned to the President under the provisions of Senate rules.29 (...continued) Opposition to Plaintiffs’ Motion for Partial Summary Judgment, at 24-26, Civ. Action No. 93-0032-LFO, (D.D.C. 1993). 26 For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name red acted). 27 5 U.S.C. §§ 3345-3349d. 28 For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act: Congress Acts to Protect the Senate’s Confirmation Prerogative, by (name redacted). 29 Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate provides that “Nominations neither confirmed not 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 (continued...) Congressional Research Service 6 Presidential Appointments to Full-Time Positions in Executive Departments President Bush did not make any recess appointments to the departments during this period. Table 1. Nomination Action for 15 Departments During the 110th Congress Positions in the 15 departments (total) 364 Positions to which nominations were made 156a Individual nominees 167b Nominations submitted to the Senate during the 110th Congress (total) 172b Disposition of nominations Confirmed by the Senate 125 Withdrawn 13 Returned (total) 34 End of the 1st session of the 110th Congress 2 End of the 2nd session of the 110th Congress 32 Recess Appointments (total) 0 Source: Table developed by the Congressional Research Service using data presented in the appendices of this report. a. One of the positions, the Department of Veterans’ Affairs’ Assistant Secretary for Congressional Affairs, was filled twice during the 110th Congress. Thomas E. Harvey was confirmed for the position on May 25, 2007, and then Christine O. Hill was confirmed on October 2, 2008 after Harvey left the position. This is counted as a single position in the total count of positions to which nominations were made. Considering this a separate position, since there was a second successful nomination, would bring this count of positions to which nominations were made up to 157. b. The figures shown here reveal that there is a distinction between the number of positions to which nominations were made (156), the number of individual nominees (167), and the total number of nominations submitted (172). The number of positions to which nominations were made (156) differs from the number of individual nominees (167) for two reasons. First, the President sometimes nominated more than one individual successively to an open position, usually following the return or withdrawal of his original nomination. Second, less frequently, the President nominated a single individual to more than one position over the course of the Congress. Again, this usually followed the return or withdrawal of the first nomination. The number of total nominations submitted (172) is higher than both of these numbers because it includes cases in which the President nominated an individual to the same position more than once. For example, Anita K. Blair was nominated for positions three times during the 110th Congress. Two of these nominations were to the same position in the Navy (but both nominations were unsuccessful and returned to the President), and the third was to a position in the Air Force. This would count as two positions to which nominations were made, one individual nominee, and three nominations submitted 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 (...continued) the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President.” U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 110th Cong., 2nd sess., S. Doc. 110-1 (Washington: GPO, 2008), p. 58. Congressional Research Service 7 Presidential Appointments to Full-Time Positions in Executive Departments that was confirmed in the 110th Congress, the number of days between nomination and confirmation (“days to confirm”). For confirmed nominations, an average (mean) of 104 days elapsed between nomination and confirmation. The median number of days elapsed was 92. The methodology used in this report to count the length of time between nomination and confirmation differs from that which was used in previous similar CRS reports. The statistics presented here include the days during which the Senate was adjourned for its summer recesses and between sessions of Congress. The methodological change reduces the direct comparability of statistics in this report with those of the earlier research. Reasons for the change include the conversion of long recesses into a series of short recesses punctuated by pro forma sessions during the 110th Congress; the fact that although committees may not be taking direct action on nominations in the form of hearings or votes, they are likely still considering and processing nominations during recesses; and a desire to be consistent with the methodology used by a majority of political scientists as well as CRS research on judicial nominations. In addition, an argument could be made that the decision to extend Senate consideration of nominees over the course of a recess is intentional, and the choice to extend this length of time is better represented by including all days, including long recesses. A more detailed explanation of this methodological change is located in Appendix E. Organization of This Report Executive Department Profiles Each of the 15 executive department profiles provided in this report is organized into two parts: a table providing information, as of the end of the 110th Congress, regarding the organization’s fulltime PAS positions, and a table listing nominations and appointments to these positions during the 110th Congress. Data for these tables were collected from several authoritative sources.30 The first of these two tables identifies, as of the end of the 110th Congress,31 each full-time PAS position in the department,32 its incumbent, and its pay level. For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which, as of January 2009, ranged from level I ($196,700) for Cabinet-level offices to level V ($143,500) for the lowest-ranked positions. An incumbent’s name followed by “(A)” indicates an official who was, at that time, serving in an acting capacity. Vacancies are also noted in the first table. 30 Sources include the Senate nominations database of the Legislative Information System http://www.congress.gov/ nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2008 “Plum Book” (U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, United States Government Policy and Supporting Positions, committee print, 110th Cong., 2nd sess., November 12, 2008, S. Prt. 110-36 (Washington: GPO, 2008)). 31 The data collected on incumbents at the end of the 110th Congress were collected as of the Senate’s last day of business on December 11, 2008. Beginning on December 12, agency officials were contacted and the lists of incumbents were finalized. 32 As noted above, the following full-time positions are not included in this report: U.S. Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; most officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. Congressional Research Service 8 Presidential Appointments to Full-Time Positions in Executive Departments 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. Actions other than confirmation (i.e., nominations returned to or withdrawn by the President) are also noted. Some individuals were nominated more than once for the same position, usually because the first nomination was returned to the President. Each appointment action table provides the average “days to confirm” in two ways: mean and median. Both are presented because the mean can be influenced by outliers in the data, while the median does not tend to be influenced by outliers. In other words, a nomination that took an extraordinarily long time might cause a significant change in the mean, but the median would be unaffected. Presenting both numbers is a better way to look at the central tendency of the data. For a small number of positions in this report, the two tables may give slightly different titles to the same position. This is a result of the fact that the titles used in the nomination the White House submits to the Senate, the title of each position as established by statute, and the title of the position used by the department itself are not always identical. The first table presented for each department, the table listing the incumbents at the end of the 110th Congress, relies upon data provided by the department itself in listing the positions. The second table presented, the list of nomination action within each department, relies primarily upon the Senate nominations database of the Legislative Information System (LIS). 33 This information is based upon the nomination sent to the Senate by the White House, which is not always identical to the exact title of the position used by the department. However, the inconsistency only appears in a small minority of the positions listed in this report. Inconsistencies are noted in the footnotes following each appointment table. Additional Appointment Information Appendix A presents a table of all nominations and recess appointments to positions in executive departments, alphabetically organized by last name, and follows a similar format to that of the department appointment action tables. It identifies the agency involved and the dates of nomination and confirmation. The table also indicates if a nomination was confirmed, withdrawn, or returned. The mean and median numbers of days taken to confirm a nomination are also provided. Appendix B provides a table with summary information on appointments and nominations, by department. For each of the 15 executive departments discussed in this report, the table provides the number of positions, nominations, individual nominees, confirmations, nominations returned, and nominations withdrawn. The table also provides the mean and median numbers of days to confirm a nomination. Appendix C provides a table showing the dates of the Senate recesses for the 110th Congress. 33 In some cases, the title drawn from the LIS database is expanded upon for clarity in the second table. For example, Sheila M. Greenwood was nominated to be Assistant Secretary of Housing and Urban Development (HUD). Her nomination, as shown in the LIS database, does not indicate which Assistant Secretary position she was nominated to; 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 Congressional and Intergovernmental Affairs. The expansion of this title was based upon knowledge of the previous position holder and the title held by that individual. This information is included to give the reader a better understanding of the position to which the individual was nominated. Congressional Research Service 9 Presidential Appointments to Full-Time Positions in Executive Departments A list of department abbreviations can be found in Appendix D. As noted above, this report employs certain methods that differ from reports tracking appointments during previous Congresses. These methodological changes are explained in detail in Appendix E. Congressional Research Service 10 Presidential Appointments to Full-Time Positions in Executive Departments Department of Agriculture (USDA) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Ed Schafer I Deputy Secretary Charles F. Conner II Inspector Generala Phyllis K. Fong a Under Secretary – Farm and Foreign Agricultural Services Mark E. Keenum III Under Secretary – Food, Nutrition, and Consumer Services Nancy Montanez-Johner III Under Secretary – Food Safety Elizabeth Johnson (A)b III Under Secretary – Marketing and Regulatory Programs Bruce I. Knight III Under Secretary – Natural Resources and Environment Mark E. Rey III Under Secretary – Research, Education, and Economics Gale A. Buchanan III Under Secretary – Rural Development Douglas L. Faulkner (A)b III Assistant Secretary – Administration Boyd K. Rutherford IV Assistant Secretary – Civil Rights Margo M. McKay IV Assistant Secretary – Congressional Relations Linda A. Strachan IV Chief Financial Officerc Charles R. Christopherson Jr. IV General Counsel Marc L. Kesselman IV Administrator – Rural Utilities Services James M. Andrew IV a. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that “[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer.” (5 U.S.C. Appx. § 3 (b)). 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.” b. Johnson was named as acting in a September 25, 2008 USDA press release. Faulkner was named as acting in a December 23, 2008, USDA press release. c. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). USDA Nomination Action During the 110th Congress Nominee Position Nominated Confirmed Days to Confirm Ed Schafer Secretary 12/06/07 01/28/08 53 Congressional Research Service 11 Presidential Appointments to Full-Time Positions in Executive Departments Department of Commerce (DOC) Full-Time PAS Positions, as of the End of the 110th Congress Positiona Incumbent Pay Level Secretary Carlos M. Gutierrez I Deputy Secretary John J. Sullivan II Under Secretary – Economic Affairs Cynthia A. Glassman III Under Secretary – Export Administrationb Mario Mancuso III Under Secretary – Intellectual Property/Director - U.S. Patent and Trademark Office Jonathan W. Dudas III Under Secretary – International Trade Christopher A. Padilla III Under Secretary – Oceans and Atmosphere/Administrator – National Oceanic and Atmospheric Administration (NOAA) William J. Brennan (A) III Inspector Generalc Todd J. Zinser c Assistant Secretary – Administration/Chief Financial Officerd Otto J. Wolff IV Assistant Secretary – Communications and Information Meredith A. Baker (A) IV Assistant Secretary – Economic Development Santanu K. Baruah IV Assistant Secretary – Export Administration Matthew S. Norman (A) IV Assistant Secretary – Export Enforcement Darryl W. Jackson IV Assistant Secretary – Import Administration David M. Spooner IV Assistant Secretary – Legislative and Intergovernmental Affairs Nathaniel F. Wienecke IV Assistant Secretary – Manufacturing and Services William G. Sutton Jr. IV Assistant Secretary – Market Access and Compliance David S. Bohigian IV Assistant Secretary – Oceans and Atmosphere/Deputy Administrator – NOAA William J. Brennan IV Assistant Secretary – Trade Promotion/Director General – U.S. and Foreign Commercial Service Israel Hernandez IV Director – U.S. Census Bureau Steven H. Murdock IV Director – National Institute of Standards and Technology Vacant IV General Counsel Lily F. Claffee IV Chief Scientist – NOAAe Vacant V a. Positions in this column do not include those in the commissioned officer corps of the National Oceanic and Atmospheric Administration (NOAA). b. Within the Department of Commerce, this position is also sometimes known as Under Secretary of Industry and Security. 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 Congressional Research Service 12 Presidential Appointments to Full-Time Positions in Executive Departments 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)). 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)). Wolff was separately nominated and confirmed to be CFO and to be Assistant Secretary for Administration in the 107th Congress. e. According to an agency spokesperson, this position had not been filled since 1996. DOC Nomination Action During the 110th Congress Nominated Days to Confirm Nominee Position Confirmed Jane C. Luxton Asst. Secy. – Oceans and Atmosphere 01/09/07 Mario Mancuso Under Secy. – Export Administrationa 01/18/07 05/25/07 127 William G. Sutton Jr. Asst. Secy. – Manufacturing and Services 05/07/07 08/03/07 88 Steven H. Murdock Dir. – Censusb 06/18/07 12/19/07 184 Christopher A. Padilla Under Secy. – International Trade 09/04/07 12/19/07 106 Todd J. Zinser Inspector General 09/07/07 12/19/07 103 John J. Sullivan Deputy Secretary 12/04/07 03/13/08 100 William J. Brennan Asst. Secy. – Oceans and Atmosphere 01/22/08 06/04/08 134 Neil S. Patel Asst. Secy. – Communications and Information 03/05/08 Lily F. Claffee General Counsel 03/31/08 06/04/08 65 Christopher R. Wall Asst. Secy. – Export Administration 03/31/08 06/27/08 88 Withdrawn 05/03/07 Returned 01/02/09c Mean number of days to confirm a nomination 111 Median number of days to confirm a nomination 103 a. Within the Department of Commerce, this position is also sometimes known as Under Secretary for Industry and Security. b. As noted in the text of this report, position titles occasionally differ across the two tables provided for each department. In the Commerce Department, the Director of the U.S. Census Bureau (listed in the incumbents table above) is the same position as the Director of the Census listed in this nomination table. c. Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 13 Presidential Appointments to Full-Time Positions in Executive Departments Department of Defense (DOD) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Robert M. Gates I Deputy Secretary Gordon England II Under Secretary – Acquisition, Technology, and Logistics John J. Young Jr. II Under Secretary – Comptroller/Chief Financial Officera Tina W. Jonas III Under Secretary – Intelligence James R. Clapper Jr. III Under Secretary – Personnel and Readiness David S. C. Chu III Under Secretary – Policy Eric S. Edelman III Deputy Under Secretary – Acquisition and Technology James I. Finley III Deputy Under Secretary – Logistics and Materiel Readiness P. Jackson Bell III Inspector Generalb Gordon S. Heddell (A) b Principal Deputy Under Secretary – Personnel and Readiness Michael L. Domiguez IV Principal Deputy Under Secretary – Policy Christopher R. Henry IV Assistant Secretary – Asian and Pacific Security Affairsc James Shinn IV Assistant Secretary – Health Affairs S. Ward Casscells IV Assistant Secretary – Homeland Defense Paul McHale IV Assistant Secretary – International Security Affairs Mary Beth Long IV Assistant Secretary – International Security Policy Joseph A. Benkert IV Assistant Secretary – Legislative Affairs Robert L. Wilkie IV Assistant Secretary – Networks and Information Integration John G. Grimes IV Assistant Secretary – Public Affairs Robert Hastings IV Assistant Secretary – Reserve Affairs Thomas F. Hall IV Assistant Secretary – Special Operations and LowIntensity Conflict Michael G. Vickers IV Director – Defense Research and Engineering Vacant IV Director – Operational Test and Evaluationd Charles E. McQueary IV General Counsel Daniel J. Dell’Orto (A) IV Assistant to the Secretary – Nuclear and Chemical and Biological Defense Programs Frederick S. Celec V Secretary Michael B. Donley II Under Secretary Vacant IV Department of the Air Force Congressional Research Service 14 Presidential Appointments to Full-Time Positions in Executive Departments Position Incumbent Pay Level Assistant Secretary – Acquisition Sue C. Payton IV Assistant Secretary – Financial Management/Comptroller John H. Gibson IV Assistant Secretary – Manpower and Reserve Affairs Craig W. Duehring IV Assistant Secretary – Installations, Environment, and Logistics Kevin W. Billings IV General Counsel Mary L. Walker IV Secretary Preston M. Geren II Under Secretary Nelson M. Ford IV Assistant Secretary – Civil Works John P. Woodley Jr. IV Assistant Secretary – Financial Management/Comptroller Peter Kunkel (A) IV Assistant Secretary – Installations and Environment Keith E. Eastin IV Assistant Secretary – Manpower and Reserve Affairs Ronald J. James IV Assistant Secretary – Acquisition, Logistics, and Technology Dean G. Popps (A) IV General Counsel Benedict S. Cohen IV Secretary Donald C. Winter II Under Secretary Dionel M. Aviles IV Assistant Secretary – Financial Management/Comptroller Douglas A. Brook IV Assistant Secretary – Installations and Environment Buddie J. Penn IV Assistant Secretary – Manpower and Reserve Affairs Anita K. Blair (A) IV Assistant Secretary – Research, Development, and Acquisition Sean J. Stackley IV General Counsel Frank R. Jimenez IV Department of the Army Department of the Navy Joint Chiefs of Staffe Chairman Michael G. Mullen Vice Chairman James E. Cartwright Chief of Staff (Air Force) Norton A. Schwartz Chief of Staff (Army) George W. Casey Jr. Chief of Naval Operations Gary Roughead Commandant of the Marine Corps James T. Conway (Members of the Joint Chiefs of Staff are compensated under the military pay system, rather than the executive schedule.) a. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). In the 108th Congress, Jonas was confirmed to be Under Secretary of Defense/Comptroller, and she also served as CFO. 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 Congressional Research Service 15 Presidential Appointments to Full-Time Positions in Executive Departments 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)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. The position of Assistant Secretary of Asian and Pacific Security Affairs in the Department of Defense was filled for the first time during the 110th Congress. The position was established by the John Warner National Defense Authorization Act during the 109th Congress on Oct. 17, 2006 (P.L. 109-364, Div A, Title IX, Subtitle A, § 901(a); 120 Stat. 2350). d. 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). e. The chairman and vice chairman serve two-year terms; other members serve four-year terms. DOD Nomination Action During the 110th Congress Positions Anita K. Blair Asst. Secy. – Air Force – Manpower and Reserve Affairs 01/09/07 Withdrawn 09/18/07 Michael J. Burns Asst. to the Secretary – Nuclear and Chemical and Biological Defense Programs 01/09/07 Withdrawn 06/11/07 James R. Clapper Jr. Under Secy. – Intelligence 01/29/07 04/11/07 72 S. Ward Casscells Asst. Secy. – Health Affairs 02/26/07 03/29/07 31 Claude M. Kicklighter Inspector General 02/26/07 04/12/07 45 Michael G. Vickers Asst. Secy. – Special Operations and Low-Intensity Conflict 04/10/07 07/23/07 104 Preston M. Geren Secretary – Army 05/24/07 07/13/07 50 Douglas A. Brook Asst. Secy. – Navy – Financial Management/Comptroller 06/05/07 11/16/07 164 John J. Young Jr. Under Secy. – Acquisition, Technology and Logistics 06/21/07 11/16/07 148 Anita K. Blair Asst. Secy. – Navy – Manpower and Reserve Affairs 09/18/07 James Shinn Asst. Secy. – Asian and Pacific Security Affairs 10/23/07 12/19/07 57 John H. Gibson Asst. Secy. – Air Force – Financial Management/Comptroller 10/26/07 12/19/07 54 Mary Beth Long Asst. Secy. – International Security Affairs 11/08/07 12/19/07 41 Craig W. Duehring Asst. Secy. – Air Force – Manpower and Reserve Affairs 11/15/07 12/19/07 34 Nelson M. Ford Under Secy. – Army 01/22/08 07/23/08 183 Congressional Research Service Nominated Confirmed Days to Confirm Nominee Returned 12/31/07a 16 Presidential Appointments to Full-Time Positions in Executive Departments Nominated Days to Confirm Nominee Positions Confirmed Anita K. Blair Asst. Secy. – Navy – Manpower and Reserve Affairs 01/23/08 Joseph A. Benkert Asst. Secy. – International Security Policy 02/25/08 07/23/08 149 Sean J. Stackley Asst. Secy. – Navy – Research, Development, and Acquisition 05/01/08 07/23/08 83 Frederick S. Celec Asst. to the Secretary – Nuclear and Chemical and Biological Defense Programs 06/10/08 07/23/08 43 Michael B. Donley Secretary – Air Force 06/25/08 10/02/08 99 Robert Hastings Asst. Secy. – Public Affairs 07/10/08 Returned 01/02/09b Returned 01/02/09b Mean number of days to confirm a nomination 85 Median number of days to confirm a nomination 65 a. Returned to the President at the end of the first session of the 110th 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 110th Congress under the provisions of the Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 17 Presidential Appointments to Full-Time Positions in Executive Departments Department of Education (ED) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Margaret Spellings I Deputy Secretary Raymond J. Simon II Director – Institute of Education Sciencesa Sue Betka (A) II Under Secretary Kent D. Talbert (A) III Inspector Generalb Jerry G. Bridges (A) b Chief Financial Officerc Thomas Skelly (A) IV Assistant Secretary – Civil Rights Stephanie J. Monroe IV Assistant Secretary – Communications and Outreach Meredith Beaton (A) IV Assistant Secretary – Elementary and Secondary Education Kerri L. Briggs IV Assistant Secretary – Legislation and Congressional Affairs Holly A. Kuzmich IV Assistant Secretary – Management Christopher M. Marston IV Assistant Secretary – Planning, Evaluation and Policy Development Williamson Evers IV Assistant Secretary – Postsecondary Education Cheryl Oldham (A) IV Assistant Secretary – Special Education and Rehabilitative Services Tracy R. Justesen IV Assistant Secretary – Vocational and Adult Education Troy R. Justesen IV General Counsel Kent D. Talbert IV Commissioner – Education Statisticsd Stuart Kerachsky (A) IV Commissioner – Rehabilitation Services Administration Edward Anthony (A) V a. This position has a six-year term and specified qualifications. See 20 U.S.C. § 9514(b, d). 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)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). In previous Congresses, the CFO for the Department of Education has been appointed by the President, with the advice and consent of the Senate. d. This position has a six-year term and specified qualifications. See 20 U.S.C. §9517(b). Congressional Research Service 18 Presidential Appointments to Full-Time Positions in Executive Departments ED Nomination Action During the 110th Congress Nominated Confirmed Days to Confirm Asst. Secy. – Planning, Evaluation, and Policy Development 02/08/07 10/16/07 250 Kerri L. Briggs Asst. Secy. – Elementary and Secondary Education 03/07/07 06/22/07 107 Diane A. Jones Asst. Secy. – Postsecondary Education 05/22/07 08/01/07 71 Tracy R. Justesen Asst. Secy. – Special Education and Rehabilitative Services 11/15/07 12/19/07 34 Holly A. Kuzmich Asst. Secy. – Legislation and Congressional Affairs 06/24/08 08/01/08 38 Christopher M. Marston Asst. Secy. – Management 06/24/08 08/01/08 38 Jerry G. Bridges Inspector General 09/09/08 Nominee Position Williamson Evers a. Returned 01/02/09a Mean number of days to confirm a nomination 90 Median number of days to confirm a nomination 55 Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 19 Presidential Appointments to Full-Time Positions in Executive Departments Department of Energy (DOE) Full-Time PAS Positions, as of the End of the 110th Congress a. Position Incumbent Pay Level Secretary Samuel W. Bodman I Deputy Secretary Jeffrey F. Kupfer (A) II Under Secretary Clarence H. Albright Jr. III Under Secretary – Nuclear Security/Administrator – National Nuclear Security Administration (NNSA) Thomas P. D’Agostino III Under Secretary – Science Raymond L. Orbach III Inspector Generala Gregory H. Friedman a Principal Deputy Administrator – NNSA William C. Ostendorff IV Deputy Administrator – Defense Programs, NNSA Robert L. Smolen IV Deputy Administrator – Defense Nuclear Nonproliferation, NNSA William H. Tobey IV Administrator – Energy Information Administration Howard Gruenspecht (A) IV Assistant Secretary – Congressional and Intergovernmental Affairs Lisa E. Epifani IV Assistant Secretary – Electricity Delivery and Energy Reliability Kevin M. Kolevar IV Assistant Secretary – Energy Efficiency and Renewable Energy John F. Mizroch (A) IV Assistant Secretary – Environmental Management Ines Triay (A) IV Assistant Secretary – Fossil Energy James A. Slutz (A) IV Assistant Secretary – Nuclear Energy Dennis R. Spurgeon IV Assistant Secretary – Policy and International Affairs Jonathan Shrier (A) IV Chief Financial Officerb Steven J. Isakowitz IV Director – Office of Civilian Radioactive Waste Management Edward F. Sproat III IV Director – Office of Minority Economic Impact and Diversity Theresa Alvillar-Speake IV Director – Office of Science Raymond L. Orbach IV General Counsel David R. Hill IV 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)). 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.” Congressional Research Service 20 Presidential Appointments to Full-Time Positions in Executive Departments b. 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)). DOE Nomination Action During 110th Congress Nominated Confirmed Days to Confirm Asst. Secy. – Electricity Delivery and Energy Reliability 01/09/07 08/03/07 206 Steven J. Isakowitz Chief Financial Officer 02/08/07 05/25/07 106 William C. Ostendorff Principal Deputy Administrator, NNSA 02/26/07 03/29/07 31 Thomas P. D’Agostino Under Secy. – Nuclear Security/Admin., NNSAa 05/21/07 08/01/07 72 Lisa E. Epifani Asst. Secy. – Congressional and Intergovernmental Affairs 06/13/07 08/03/07 51 Clarence H. Albright Jr. Under Secy. 06/21/07 08/03/07 43 Robert L. Smolen Deputy Admin. – Defense Programs, NNSA 07/31/07 11/16/07 108 Stanley C. Suboleski Asst. Secy. – Fossil Energy 12/11/07 Withdrawn 02/26/08 J. Gregory Copeland General Counsel 01/22/08 Withdrawn 06/24/08 Jeffrey F. Kupfer Deputy Secy. 04/02/08 Returned 01/02/09b James A. Slutz Asst. Secy. – Fossil Energy 07/30/08 Returned 01/02/09b F. Chase Hutto III Asst. Secy. – International Affairs and Domestic Policy 09/26/08 Returned 01/02/09b Nominee Position Kevin M. Kolevar Mean number of days to confirm a nomination 88 Median number of days to confirm a nomination 72 a. NNSA: National Nuclear Security Administration b. Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 21 Presidential Appointments to Full-Time Positions in Executive Departments Department of Health and Human Services (HHS) Full-Time PAS Positions, as of the End of the 110th Congress Positiona Incumbent Pay Level Secretary Michael O. Leavitt I Deputy Secretary Tevi D. Troy II Administrator – Centers for Medicare and Medicaid Services Kerry Weems (A) III Inspector Generalb Daniel R. Levinson b Administrator – Substance Abuse and Mental Health Services Administration Eric Broderick (A) IV Assistant Secretary – Aging Josefina G. Carbonell IV Assistant Secretary – Children and Families Daniel C. Schneider (A) IV Assistant Secretary – Health Joxel Garcia c Assistant Secretary – Legislation Vincent J. Ventimiglia Jr. IV Assistant Secretary – Planning and Evaluation Benjamin E. Sasse IV Assistant Secretary – Preparedness and Responsed W. Craig Vanderwagen IV Assistant Secretary – Public Affairs Christina H. Pearson IV Assistant Secretary – Resources and Technology/Chief Financial Officere Charles E. Johnson IV Commissioner – Food and Drug Administration Andrew C. von Eschenbach IV Director – National Institutes of Health Raynard S. Kington (A) IV General Counsel Preeya M. Noronha (A) IV Commissioner – Children, Youth, and Families Joan E. Ohl V Commissioner – Administration for Native Americans Quanah C. Stamps V Director – Indian Health Servicef Robert G. McSwain V Surgeon Generalg Steven K. Galson (A) h a. The positions in this column do not include officers of the U.S. Public Health Service Commissioned Corps, except in cases where such a commission is incidental to the position listed. b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that “[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer.” (5 U.S.C. Appx. § 3 (b)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. The Assistant Secretary for Health was compensated as a commissioned officer at Level 0-10 (37 U.S.C. § 201). d. The position of Assistant Secretary for Preparedness and Readiness was established by P.L. 109-417, Title 1, § 102(a)(3); (120 Stat. 2833). The position was first filled in the 110th Congress as shown. 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 Congressional Research Service 22 Presidential Appointments to Full-Time Positions in Executive Departments other positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that the positions were combined as noted in the table. f. This position has a four-year term; a Director may serve more than one term. See 25 U.S.C. § 1661(a). 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 (37 U.S.C. § 201). HHS Nomination Action During the 110th Congress Nominated Days to Confirm Nominee Position Confirmed Daniel Meron General Counsel 01/09/07 W. Craig Vanderwagen Asst. Secy. – Preparedness and Response 02/12/07 03/21/07 37 Tevi D. Troy Deputy Secy. 05/03/07 08/03/07 92 Charles W. Grim Director – Indian Health Service 05/21/07 Withdrawn 09/04/07 James W. Holsinger Jr. Surgeon General 05/24/07 Returned 01/02/09a Diane D. Rath Asst. Secy. – Family Supportb 07/11/07 Returned 01/02/09a Benjamin E. Sasse Asst. Secy. – Planning and Evaluation 07/26/07 12/19/07 146 Christina H. Pearson Asst. Secy. – Public Affairs 09/25/07 12/19/07 85 Robert G. McSwain Director – Indian Health Service 12/19/07 04/29/08 132 Joxel Garcia Asst. Secy. – Health 01/22/08 03/13/08 51 Returned 01/02/09a Mean number of days to confirm a nomination 91 Median number of days to confirm a nomination 89 a. Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b. As noted in the text of this report, position titles occasionally differ across the two tables provided for each department. In the Health and Human Services Department, the Assistant Secretary for Children and Families (listed in the incumbents table above) is the same position as the Assistant Secretary for Family Support listed in this nomination table. Congressional Research Service 23 Presidential Appointments to Full-Time Positions in Executive Departments Department of Homeland Security (DHS) Full-Time PAS Positions, as of the End of the 110th Congress Positiona Incumbent Pay Level Secretary Michael Chertoff I Deputy Secretary Paul A. Schneider II Under Secretary – Management Elaine C. Duke III Under Secretary – National Protection and Programs Robert D. Jamison III Under Secretary – Science and Technology Jay M. Cohen III Director – U.S. Citizenship and Immigration Services Michael Aytes (A) III Commissioner – U.S. Customs and Border Protection W. Ralph Basham III Inspector Generalb Richard L. Skinner b Assistant Secretary – Policy Stewart A. Baker IV Assistant Secretary – U.S. Immigration and Customs Enforcement John P. Torres (A) IV Assistant Secretary – Transportation Security Administration Edmund S. “Kip” Hawley IV Assistant Secretary – Health Affairs and Chief Medical Officerc Jeffrey W. Runge IV Chief Financial Officerd Peggy Sherry (A) IV General Counsel Gus P. Coldebella (A) IV Commandant of the Coast Guard Thad W. Allen Admirale Director - Office of Counternarcotics Enforcement Uttam Dhillon IV Administratorf R. David Paulison II Deputy Administrator – National Preparednessc Dennis Schrader III Deputy Administrator/Chief Operating Officerc Harvey E. Johnson Jr. III Assistant Administrator – Grants Program Directoratec W. Ross Ashley III IV United States Fire Administrator Gregory B. Cade IV Federal Emergency Management Agency a. The Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), enacted October 4, 2006, included provisions that established, abolished, and changed certain advice and consent positions at DHS. The act established, as PAS positions, an administrator of the Federal Emergency Management Agency (FEMA) (6 U.S.C. § 313(c)); four FEMA deputy administrators (6 U.S.C. § 321c(a)); and a chief medical officer for the department (6 U.S.C. § 321e(a)). It abolished the position of Under Secretary for Federal Emergency Management (6 U.S.C. § 113(a)). During the departmental reorganization that followed the act, the DHS Office of Grants and Training, which had been headed by an assistant secretary, was transferred to FEMA, within DHS, as the Office of Grants Programs. The head of this renamed office was retitled as the Assistant Administrator for Grant Programs. (See U.S. Department of Homeland Security, letter from Secretary Michael Chertoff to the Honorable Joseph I. Lieberman, Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC, January 18, 2007 (identical letter sent to other congressional leaders). Of the four FEMA deputy administrators, only the positions in use at the end of the 110th Congress are shown. Additionally, the Homeland Security Act (P.L. 107-296, § 103; 116 Stat. 2135) provided for “Not more than 12 Assistant Secretaries” appointed through the advice and consent process. Of these, only the positions in use at the end of Congressional Research Service 24 Presidential Appointments to Full-Time Positions in Executive Departments the 110th Congress are shown. Some assistant secretary positions previously created under this authority, such as the Assistant Secretary for Border and Transportation Security Policy, no longer exist, as such. 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)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. This position, filled for the first time in the 110th Congress, is discussed in footnote a, above. 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)). e. The Commandant of the Coast Guard is compensated as a commissioned officer with the rank of Admiral at Level 0-10 (37 U.S.C. § 201). f. During the departmental reorganization that followed the Post-Katrina Act, it was determined that R. David Paulison, who had been confirmed as Under Secretary for Federal Emergency Management, would continue to lead FEMA in the new position of Administrator. (See page 3 of the letter from Secretary Michael Chertoff to specified members of Congress cited in footnote a, above.) DHS Nomination Action During 110th Congress Nominated Confirmed Days to Confirm Admin. – U.S. Fire Administrationa 01/09/07 05/25/07 136 Julie L. Myers Asst. Secy. – U.S. Immigration and Customs Enforcement 01/09/07 12/19/07 344 Jeffrey W. Runge Asst. Secy. – Health Affairs and Chief Medical Officer 08/02/07 12/19/07 139 Robert D. Jamison Under Secy. – National Protection and Programs 09/04/07 Withdrawn 12/19/07 Harvey E. Johnson Jr. Deputy Admin./ Chief Operating Officer – Federal Emergency Management Agency 09/07/07 Withdrawn 12/12/07 Gus P. Coldebella General Counsel 10/16/07 Returned 01/02/09b Harvey E. Johnson Jr.c Deputy Admin. – Federal Emergency Management Agency 12/12/07 06/27/08 198 Robert D. Jamison Under Secy. – National Protection and Programs 12/19/07 12/19/07 0 Paul A. Schneider Deputy Secy. 02/26/08 06/04/08 99 Elaine C. Duke Under Secy. – Management 04/02/08 06/27/08 86 Jonathan R. Scharfen Dir. – U.S. Citizenship and Immigration Services 10/01/08 Nominee Position Gregory B. Cade Returned 01/02/09b Mean number of days to confirm a nomination 143 Median number of days to confirm a nomination 136 Congressional Research Service 25 Presidential Appointments to Full-Time Positions in Executive Departments a. As noted in the text of this report, position titles occasionally differ across the two tables provided for each department. In the Homeland Security Department, the United States Fire Administrator (listed in the incumbents table above) is the same position as the Administrator for the U.S. Fire Administration listed in this nomination table. b. Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c. Harvey E. Johnson Jr. was originally nominated to serve as FEMA’s Deputy Administrator and its Chief Operating Officer. After the White House withdrew the nomination and submitted a second nomination for Johnson to only the Deputy Administrator position, he was successfully confirmed. Congressional Research Service 26 Presidential Appointments to Full-Time Positions in Executive Departments Department of Housing and Urban Development (HUD) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Steven C. Preston I Deputy Secretary Romolo “Roy” A. Bernardi II Director – Office of Federal Housing Enterprise Oversighta James B. Lockhart III II Inspector Generalb Kenneth M. Donohue Sr. b Assistant Secretary – Administration Keith A. Nelson IV Assistant Secretary – Community Planning and Development Susan D. Peppler IV Assistant Secretary – Congressional and Intergovernmental Relations Sheila M. Greenwood IV Assistant Secretary – Fair Housing and Equal Opportunity Kim Kendrick IV Assistant Secretary – Housing/Federal Housing Commissioner Brian D. Montgomery IV Assistant Secretary – Policy Development and Research Darlene F. Williams IV Assistant Secretary – Public Affairs Vacant IV Assistant Secretary – Public and Indian Housing Vacant IV Chief Financial Officerc John W. Cox IV General Counsel Michael C. Flynn (A) IV President – Government National Mortgage Association Joseph J. Murin IV a. This position has a five-year term and specified qualifications. See 12 U.S.C. § 4512. 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)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. The chief financial officer (CFO) may be appointed by the President , with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). Cox was confirmed as HUD’s CFO in the 109th Congress. Congressional Research Service 27 Presidential Appointments to Full-Time Positions in Executive Departments HUD Nomination Action During the 110th Congress Nominated Confirmed Days to Confirm Nominee Position Scott A. Keller Asst. Secy. – Congressional and Intergovernmental Affairs 01/09/07 Robert M. Couch General Counsel 04/10/07 06/13/07 64 Joseph J. Murin President – Government National Mortgage Association 10/16/07 06/27/08 255 Susan D. Peppler Asst. Secy. – Community Planning and Development 02/06/08 06/27/08 142 Sheila M. Greenwood Asst. Secy. – Congressional and Intergovernmental Relations 02/26/08 06/27/08 122 Steven C. Preston Secretary 05/01/08 06/04/08 34 Withdrawn 09/04/07 Mean number of days to confirm a nomination 123 Median number of days to confirm a nomination 122 Congressional Research Service 28 Presidential Appointments to Full-Time Positions in Executive Departments Department of the Interior (DOI) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Dirk Kempthorne I Deputy Secretary P. Lynn Scarlett II Special Trustee for American Indians Ross O. Swimmer a Inspector Generalb Earl E. Devaney b Assistant Secretary – Fish, Wildlife, and Parks R. Lyle Laverty IV Assistant Secretary – Indian Affairs George T. Skibine (A) IV Assistant Secretary – Land and Minerals Management C. Stephen Allred IV Assistant Secretary – Policy, Management, and Budget/Chief Financial Officerc Vacantd IV Assistant Secretary – Water and Science Kameran L. Onley (A) IV Chairman – National Indian Gaming Commissione Philip N. Hogen IV Solicitor David L. Bernhardt IV Director – National Park Service Mary A. Bomar V Director – Office of Surface Mining Reclamation and Enforcement Brent T. Wahlquist (A) V Commissioner – Bureau of Reclamation Robert W. Johnson V Director – Bureau of Land Management James L. Caswell V Director – U.S. Fish and Wildlife Service H. Dale Hall V Director – U.S. Geological Survey Mark Myers V Commissioner - Indian Affairsf Vacant V a. The Special Trustee is to be paid “at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule...” (25 U.S.C. § 4042). b. 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)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). d. The previous individual who held the position of Assistant Secretary for Policy, Management and Budget also served as the Chief Financial Officer. Because this Assistant Secretary position was vacant after that individual left the department, so was the position of the Chief Financial Officer. e. This position has a three-year term, specified qualifications. The President’s removal power is limited. See 25 U.S.C. § 2704(b). f. This position (provided for at 25 U.S.C. § 1) had been vacant since 1981. Congressional Research Service 29 Presidential Appointments to Full-Time Positions in Executive Departments DOI Nomination Action During the 110th Congress Nominated Confirmed Days to Confirm Asst. Secy. – Indian Affairs 01/09/07 03/05/07 55 John Ray Correll Dir. – Office of Surface Mining Reclamation and Enforcement 01/09/07 R. Lyle Laverty Asst. Secy. – Fish and Wildlifea 03/26/07 10/29/07 217 James L. Caswell Dir. – Bureau of Land Management 06/04/07 08/03/07 60 Brent T. Wahlquist Dir. – Office of Surface Mining Reclamation and Enforcement 06/28/07 08/03/07 36 Kameran L. Onley Asst. Secy. – Water and Science 03/31/08 Nominee Position Carl Joseph Artman Withdrawn 06/28/07 Returned 01/02/09b Mean number of days to confirm a nomination 92 Median number of days to confirm a nomination 58 a. As noted in the text of this report, position titles occasionally differ across the two tables provided for each department. In the Interior Department, the Assistant Secretary for Fish, Wildlife, and Parks (listed in the incumbents table above) is the same position as the Assistant Secretary for Fish and Wildlife listed in this nomination table. b. Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 30 Presidential Appointments to Full-Time Positions in Executive Departments Department of Justice (DOJ) Full-Time PAS Positions, as of the End of the 110th Congress Positiona Incumbent Attorney General Michael B. Mukasey I Deputy Attorney General Mark R. Filip II Director – Federal Bureau of Investigationb Robert S. Mueller III II Administrator – Drug Enforcement Michele M. Leonhart (A) III Associate Attorney General Kevin J. O’Connor III Solicitor General Gregory G. Garre III Director – Bureau of Alcohol, Tobacco, Firearms, and Explosivesc Michael J. Sullivan (A) III Inspector Generald Glenn A. Fine d Assistant Attorney General – Antitrust Division Deborah A. Garza (A) IV Assistant Attorney General – Civil Division Gregory G. Katsas IV Assistant Attorney General – Civil Rights Division Grace C. Becker (A) IV Assistant Attorney General – Criminal Division Matthew W. Friedrich (A) IV Assistant Attorney General – Environment and Natural Resources Division Ronald J. Tenpas IV Assistant Attorney General – Legislative Affairs Keith B. Nelson (A) IV Assistant Attorney General – National Security Division J. Patrick Rowan IV Assistant Attorney General – Office of Justice Programs Jeffrey L. Sedgwick IV Assistant Attorney General – Office of Legal Counsel Steven G. Bradbury (A) IV Assistant Attorney General – Office of Legal Policy Elisebeth C. Cook IV Assistant Attorney General – Tax Division Nathan J. Hochman IV Administrator – Office of Juvenile Justice and Delinquency Prevention J. Robert Flores IV Deputy Administrator – Drug Enforcement Administration Michele M. Leonhart IV Director – Bureau of Justice Assistance Domingo S. Herraiz IV Director – Bureau of Justice Statistics Michael Sinclair (A) IV Director – Community Relations Servicee Ondray T. Harris IV Director – National Institute of Justice David W. Hagy IV Director – Office for Victims of Crime John W. Gillis IV Director – U.S. Marshals Service John F. Clark IV Special Counsel – Immigration-Related Unfair Employment Practicesf Patrick P. Shen g Director - Violence Against Women Office Cynthia Dyer V Congressional Research Service Pay Level 31 Presidential Appointments to Full-Time Positions in Executive Departments a. Does not include U.S. attorney and U.S. marshal positions. The position of chief financial officer (CFO) is also not listed here. Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed CFOs for all of the major executive branch agencies (31 U.S.C. § 901(a)(1)), this provision is superseded by 28 U.S.C. § 507. The latter section provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice. b. This position has a 10-year term. See 28 U.S.C. § 532 note. c. The position of Director – Bureau of Alcohol, Tobacco, Firearms, and Explosives became a presidential appointment with Senate confirmation position (PAS) in P.L. 109-177, Title V § 504 (120 Stat. 247). As of the end of the 110th Congress, the position had not been filled through the advice and consent process. d. 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)). 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. This position has a four-year term. See 42 U.S.C. § 2000g. f. This position has a four-year term. See 8 U.S.C. § 1324b(c)(1). g. “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). In 1990, Sec. 529 of P.L. 101-509 converted the GS-16, GS-17, and GS-18 positions to Senior Level (SL) positions for the purposes of pay (5 U.S.C. § 5376). With regard to pay for such positions, the Plum Book states, “Pay for SL [Senior Level] positions ranges from 120 percent of the rate of basic pay for GS15, step 1 to the rate payable for level IV of the Executive Schedule. ... SL employees are entitled to localitybased comparability payments for their respective locality pay area. The employee’s locality rate of pay may not exceed the pay for level III of the Executive Schedule” (p. 203). DOJ Nomination Action During the 110th Congress Position William W. Mercer Associate Attorney General 01/09/07 Withdrawn 06/25/07 Steven G. Bradbury Asst. Atty. General – Office of Legal Counsel 01/09/07 Returned 12/31/07a Patrick P. Shen Special Counsel for ImmigrationRelated Unfair Employment Practices 01/18/07 Michael J. Sullivan Dir. – Bureau of Alcohol, Tobacco, Firearms, and Explosives 03/22/07 Ondray T. Harris Dir. – Community Relations Service 05/23/07 03/13/08 295 Ronald J. Tenpas Asst. Atty. General – Environment and Natural Resources Division 06/04/07 12/13/07 192 David W. Hagy Dir. – National Institute of Justice 06/05/07 03/13/08 282 Cynthia Dyer Dir. – Violence Against Women Office 08/20/07 12/19/07 121 Michael B. Mukasey Attorney General 09/21/07 11/08/07 48 Nathan J. Hochman Asst. Atty. General – Tax Division 11/15/07 12/19/07 34 Congressional Research Service Nominated Confirmed Days to Confirm Nominee 10/04/07 259 Returned 01/02/09b 32 Presidential Appointments to Full-Time Positions in Executive Departments Nominated Days to Confirm Nominee Position Confirmed Grace C. Becker Asst. Atty. General – Civil Rights Division 11/15/07 Mark R. Filip Deputy Attorney General 12/05/07 03/03/08 89 Gregory G. Katsas Asst. Atty. General – Civil Division 12/11/07 06/27/08 199 Kevin J. O’Connor Associate Attorney General 12/11/07 04/01/08 112 Steven G. Bradbury Asst. Atty. General – Office of Legal Counsel 01/23/08 Elisebeth C. Cook Asst. Atty. General – Office of Legal Policy 01/30/08 Michele M. Leonhart Admin. – Drug Enforcement 04/15/08 Jeffrey L. Sedgwick Asst. Atty. General – Office of Justice Programs 04/23/08 10/02/08 162 J. Patrick Rowan Asst. Atty. General – National Security Division 06/19/08 09/26/08 99 Gregory G. Garre Solicitor General 06/19/08 10/02/08 105 Matthew W. Friedrich Asst. Atty. General – Criminal Division 12/11/08 Returned 01/02/09b Returned 01/02/09b 06/04/08 126 Returned 01/02/09b Returned 01/02/09b Mean number of days to confirm a nomination 152 Median number of days to confirm a nomination 124 a. Returned to the President at the end of the first session of the 110th 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 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 33 Presidential Appointments to Full-Time Positions in Executive Departments Department of Labor (DOL) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Elaine L. Chao I Deputy Secretary Howard M. Radzely II Inspector Generala Gordon S. Heddell a Assistant Secretary – Administration and Management Patrick Pizzella IV Assistant Secretary – Congressional and Intergovernmental Affairs Kristine A. Iverson IV Assistant Secretary – Disability Employment Policy Neil Romano IV Assistant Secretary – Employee Benefits Security Administration Bradford P. Campbell IV Assistant Secretary – Employment and Training Administration Brent R. Orrell (A) IV Assistant Secretary – Employment Standards Administration Victoria A. Lipnic IV Assistant Secretary – Mine Safety and Health Richard E. Stickler (A) IV Assistant Secretary – Occupational Safety and Health Administration Thomas M. Stohler (A) IV Assistant Secretary – Public Affairs David W. James IV Assistant Secretary – Policy Leon R. Sequeira IV Assistant Secretary – Veterans’ Employment and Training Service Charles S. Ciccolella IV Chief Financial Officerb Douglas W. Webster IV Commissioner – Bureau of Labor Statisticsc Keith D. Hall IV Solicitor Gregory F. Jacob IV Administrator – Wage and Hour Division Alexander Passantino (A) V Director – Women’s Bureaud Shinae Chun e 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)). 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.” b. 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)). Webster was confirmed as CFO in the 110th Congress. c. This position has a four-year term. See 29 U.S.C. § 3. d. By statute, the incumbent must be a woman (29 U.S.C. § 12). e. According to the 2008 Plum Book, the Director of the Women’s Bureau was a Senior Level (SL) position (p. 108). With regard to pay for such positions, the Plum Book states, “Pay for SL [Senior Level] positions ranges from 120 percent of the rate of basic pay for GS-15, step 1 to the rate payable for level IV of the Executive Schedule. ... SL employees are entitled to locality-based comparability payments for their respective locality pay area. The employee’s locality rate of pay may not exceed the pay for level III of the Executive Schedule” (p. 203). See also 5 U.S.C. 5376 and 5 U.S.C. 5304(g)(2). Congressional Research Service 34 Presidential Appointments to Full-Time Positions in Executive Departments DOL Nomination Action During the 110th Congress Position Paul DeCamp Administrator – Wage and Hour Division 01/09/07 Leon R. Sequeira Asst. Secy. – Policy 01/09/07 Richard Stickler Asst. Secy. – Mine Safety and Health 01/09/07 Bradford P. Campbell Asst. Secy. – Employee Benefits Security Administration 05/03/07 08/03/07 92 Howard Radzely Deputy Secretary 05/10/07 12/19/07 223 David W. James Asst. Secy. – Public Affairs 06/18/07 08/03/07 46 Gregory F. Jacob Solicitor 09/04/07 12/19/07 106 Keith Hall Commissioner – Labor Statistics 09/18/07 12/19/07 92 Douglas W. Webster Chief Financial Officer 09/27/07 12/19/07 83 Neil Romano Asst. Secy. – Disability Employment Policy 12/03/07 03/12/08 100 Alexander Passantino Administrator – Wage and Hour Division 03/05/08 Returned 01/02/09a Brent R. Orrell Asst. Secy. – Employment and Training Administration 06/19/08 Returned 01/02/09a a. Nominated Days to Confirm Nominee Confirmed Withdrawn 02/07/08 02/15/07 37 Returned 01/02/09a Mean number of days to confirm a nomination 97 Median number of days to confirm a nomination 92 Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 35 Presidential Appointments to Full-Time Positions in Executive Departments Department of State (DOS) Full-Time PAS Positions, as of the End of the 110th Congress Positiona Incumbent Secretary Condoleezza Rice I Deputy Secretary John D. Negroponte II Deputy Secretary – Management and Resourcesb Vacant II Under Secretary – Arms Control and International Security John C. Rood (A) III Under Secretary – Economic, Business, and Agricultural Affairs Reuben Jeffrey III III Under Secretary – Democracy and Global Affairs Paula J. Dobriansky III Under Secretary – Management Patrick F. Kennedy III Under Secretary – Political Affairs William J. Burns III Under Secretary – Public Diplomacy and Public Affairs James K. Glassman III Ambassador-at-Large – International Religious Freedom John V. Hanford III III Inspector Generalc Howard W. Geisel (A) c Ambassador-at-Large/Director – Office to Monitor and Combat Trafficking in Persons Mark P. Lagon IV Ambassador-at-Large – War Crimes Issues J. Clint Williamson IV Ambassador-at-Large/Coordinator – Counterterrorism Dell L. Dailey IV Coordinator – U.S. Global AIDS Mark R. Dybul IV Chief of Protocol Nancy G. Brinker IV Assistant Secretary – Administration Rajkumar Chellaraj IV Assistant Secretary – African Affairs Jendayi E. Frazer IV Assistant Secretary – Consular Affairs Janice L. Jacobs IV Assistant Secretary – Democracy, Human Rights, and Labor David J. Kramer IV Assistant Secretary – Diplomatic Security/Director – Office of Foreign Missionsd Eric J. Boswell IV Assistant Secretary – East Asian and Pacific Affairs Christopher R. Hill IV Assistant Secretary – Economic, Energy and Business Affairs Daniel S. Sullivan IV Assistant Secretary – Educational and Cultural Affairs Goli Ameri IV Assistant Secretary – European and Eurasian Affairs Daniel Fried IV Assistant Secretary – Intelligence and Research Randall M. Fort IV Assistant Secretary – International Narcotics and Law Enforcement Affairs David T. Johnson IV Assistant Secretary – International Information Programs Vacant IV Congressional Research Service Pay Level 36 Presidential Appointments to Full-Time Positions in Executive Departments Positiona Incumbent Pay Level Assistant Secretary – International Organization Affairs Brian H. Hook IV Assistant Secretary – International Security and Nonproliferation John C. Rood IV Assistant Secretary – Legislative Affairs Matthew A. Reynolds IV Assistant Secretary – Near Eastern Affairs C. David Welch IV Assistant Secretary – Oceans and International Environmental and Scientific Affairs Claudia A. McMurray IV Assistant Secretary – Political-Military Affairs Mark Kimmitt IV Assistant Secretary – Population, Refugees, and Migration Affairs Vacant IV Assistant Secretary – Public Affairs Sean I. McCormack IV Assistant Secretary – Resource Management/Chief Financial Officere Bradford R. Higgins IV Assistant Secretary – South and Central Asian Affairs Richard A. Boucher IV Assistant Secretary – Verification, Compliance, and Implementation Paula A. DeSutter IV Assistant Secretary – Western Hemisphere Affairs Thomas A. Shannon Jr. IV Director General – Foreign Service f Harry K. Thomas Jr. IV Legal Adviser John B. Bellinger III IV U.S. Representative – United Nations (U.N.) Zalmay Khalilzad II U.S. Representative – Organization of American States Hector E. Morales g U.S. Deputy Representative – U.N. Alejandro D. Wolff III U.S. Representative – Economic and Social Council – U.N. T. Vance McMahan IV U.S. Representative – Management and Reform – U.N. Vacant IV U.S. Alternative Representative – Special Political Affairs – U.N. Rosemary A. DiCarlo IV International Organizations 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 USCS § 2651a(g). b. The position of Deputy Secretary – Management and Resources in the Department of State was established by P.L. 106-553, § 404(a) (114 Stat. 2762A-96), enacted December 21, 2000. As of the end of the 110th Congress, this position had never been filled. 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)). 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.” Congressional Research Service 37 Presidential Appointments to Full-Time Positions in Executive Departments d. From 1998 through the end of the 110th Congress, 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. e. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). With regard to State Department appointments, since 2001 through the 110th Congress, the same individual had been separately and simultaneously nominated for, and confirmed to, the positions of CFO and Assistant Secretary for Resource Management. f. By law, incumbent must be a current or former career senior Foreign Service officer (22 U.S.C. § 3928). g. The salary for the U.S. Representative to the Organization of American States is linked to the pay for Chiefs of Mission. For this particular mission/ambassador, the salary is set based on the Executive Schedule Level III. DOS Nomination Action During the 110th Congress Position Ellen R. Sauerbrey Asst. Secy. – Population, Refugees, and Migration 01/09/07 John D. Negroponte Deputy Secy. 01/22/07 02/12/07 21 Zalmay Khalilzad U.S. Representative – U.N. 02/12/07 03/29/07 45 Henry Bonilla U.S. Representative – Organization of American States 03/15/07 Dell L. Dailey Coordinator – Counterterrorism/ Ambassador-at-Large 03/15/07 06/22/07 99 Mark P. Lagon Director – Office to Monitor and Combat Trafficking/Ambassador-atLargeb 03/15/07 05/25/07 71 John C. Rood Under Secy. – Arms Control and International Security 03/22/07 Reuben Jeffrey III Under Secy. – Economic, Business, and Agricultural Affairs 04/18/07 06/22/07 65 Nancy G. Brinker Chief of Protocol 06/18/07 09/12/07 86 Mark Kimmitt Asst. Secy. – Political-Military Affairs 07/11/07 06/27/08 352 David T. Johnson Asst. Secy. – International Narcotics and Law Enforcement Affairs 07/19/07 10/26/07 99 Harry K. Thomas Jr. Director General – Foreign Service 07/25/07 09/12/07 49 Patrick F. Kennedy Under Secy. – Management 10/16/07 11/06/07 21 Goli Ameri Asst. Secy. – Educational and Cultural Affairs 11/15/07 03/13/08 119 Hector E. Morales U.S. Representative – Organization of American States 12/04/07 03/06/08 93 James K. Glassman Under Secy. – Public Diplomacyb 12/11/07 06/04/08 176 David J. Kramer Asst. Secy. – Democracy, Human Rights, and Labor 12/14/07 03/13/08 90 T. Vance McMahan U.S. Representative – Economic and 03/13/08 06/27/08 106 Congressional Research Service Nominated Confirmed Days to Confirm Nominee Returned 01/02/09a Withdrawn 06/05/07 Returned 01/02/09a 38 Presidential Appointments to Full-Time Positions in Executive Departments Nominee Position Nominated Confirmed Days to Confirm Social Council – U.N. William J. Burns Under Secy. – Political Affairs 04/02/08 05/08/08 36 Janice L. Jacobs Asst. Secy. – Consular Affairs 04/02/08 06/04/08 63 Eric J. Boswell Asst. Secy. – Diplomatic Security/Director – Office of Foreign Missions 04/29/08 06/27/08 59 Rosemary A. DiCarlo U.S. Alternative Representative – Special Political Affairs – U.N. 05/13/08 06/27/08 45 Matthew A. Reynolds Asst. Secy. – Legislative Affairs 06/26/08 10/02/08 98 Thomas A. Betro Inspector General 06/27/08 Brian H. Hook Asst. Secy. – International Organization Affairs 06/27/08 Gregori Lebedev U.S. Representative – Management and Reform – U.N. 08/01/08 Returned 01/02/09a Michael S. Doran Asst. Secy. – International Information Programs 09/26/08 Returned 01/02/09a a. b. Returned 01/02/09a 10/02/08 97 Mean number of days to confirm a nomination 90 Median number of days to confirm a nomination 86 Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. As noted in the text of this report, position titles occasionally differ across the two tables provided for each department. In the State Department, the Director of the Office to Monitor and Combat Trafficking in Persons (listed in the incumbents table above) is the same position as the Office to Monitor and Combat Trafficking listed in this nomination table. The Under Secretary for Public Diplomacy and Public Affairs (listed in the incumbents table above) is the same position as the Under Secretary for Public Diplomacy listed here. Congressional Research Service 39 Presidential Appointments to Full-Time Positions in Executive Departments Department of Transportation (DOT) Full-Time PAS Positions, as of the End of the 110th Congress Position Incumbent Pay Level Secretary Mary E. Peters I Deputy Secretary Thomas J. Barrett II Under Secretary – Policy Tyler D. Duvall (A) II Administrator – Federal Aviation Administrationa Robert A. Sturgell (A) II Administrator – Federal Highway Administration Thomas J. Madison Jr. II Administrator – Federal Motor Carrier Safety Administration John H. Hill III Administrator – Federal Railroad Administration Vacant III Administrator – Federal Transit Administration Vacant III Administrator – Maritime Administration Sean T. Connaughton III Administrator – National Highway Traffic Safety Administration Vacant III Administrator – Pipeline and Hazardous Materials Safety Administration Carl T. Johnson III Administrator – Research and Innovative Technology Administration Paul R. Brubaker III Inspector Generalb Calvin L. Scovel b Administrator – Saint Lawrence Seaway Development Corporationc Collister Johnson Jr. IV Assistant Secretary – Aviation and International Affairs Michael W. Reynolds (A) IV Assistant Secretary – Budget and Programs/Chief Financial Officerd Phyllis F. Scheinberg IV Assistant Secretary – Governmental Affairs Vacant IV Assistant Secretary – Transportation Policy Tyler D. Duvall IV Deputy Administrator – Federal Aviation Administratione Ruth Leverentz (A) IV General Counsel David J. Gribbin IV IV a. This position has a five-year term and specified qualifications. See 49 U.S.C. § 106. b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of an IG, however, the law provides that “[i]f an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer.” (5 U.S.C. Appx. § 3 (b)). Under the provisions of 5 U.S.C. Appx. § 3 (e), “The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent.” c. This position has a seven-year term. See 33 U.S.C. § 982(a). 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 Congressional Research Service 40 Presidential Appointments to Full-Time Positions in Executive Departments other positions (31 U.S.C. § 901(a)(1)). Scheinberg was confirmed as Assistant Secretary for Budget and Programs and designated to serve as CFO. e. This position has specified qualifications. See 49 U.S.C. § 106. DOT Nomination Action During the 110th Congress Nominated Confirmed Days to Confirm General Counsel 01/11/07 06/20/07 160 Thomas J. Barrett Deputy Secy. 06/11/07 08/08/07 58 Paul R. Brubaker Admin. – Research and Innovative Technology Administration 06/18/07 08/03/07 46 Simon C. Gros Asst. Secy. – Governmental Affairs 10/16/07 06/27/08 255 Robert A. Sturgell Admin. – Federal Aviation Administration 10/23/07 Carl T. Johnson Admin. – Pipeline and Hazardous Materials Safety Administration 11/01/07 Tyler D. Duvall Under Secy. – Policy 03/31/08 Returned 01/02/09a John P. Hewko Asst. Secy. – Aviation and International Affairs 04/02/08 Returned 01/02/09a Thomas J. Madison Jr. Admin. – Federal Highway Administration 07/15/08 David Kelly Admin. – National Highway Traffic Safety Administration 09/28/08 Returned 01/02/09a Robert A. DeHaan Asst. Secy. – Transportation Policy 11/17/08 Returned 01/02/09a Nominee Position David J. Gribbin IV a. Returned 01/02/09a 12/19/07 48 08/01/08 17 Mean number of days to confirm a nomination 97 Median number of days to confirm a nomination 53 Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate Congressional Research Service 41 Presidential Appointments to Full-Time Positions in Executive Departments Department of the Treasury (TREAS) Full-Time PAS Positions, as of the End of the 110th Congress Pay Level Position Incumbent Secretary Henry M. Paulson Jr. I Deputy Secretary Robert M. Kimmitt II Commissioner of Internal Revenuea Douglas H. Shulman III Comptroller of the Currencyb John C. Dugan III Director – Office of Thrift Supervisionc John M. Reich III Inspector Generald Eric M. Thorson d Inspector General – Tax Administrationd J. Russell George d Special Inspector General – Troubled Asset Relief Programde Neil M. Barofsky d Under Secretary – Domestic Finance Anthony W. Ryan (A) III Under Secretary – Terrorism and Financial Intelligencef Stuart A. Levey III Under Secretary – International Affairs David H. McCormick III Assistant Secretary – Economic Policy Phillip L. Swagel IV Assistant Secretary – Financial Institutions David G. Nason IV Assistant Secretary – Financial Markets Karthik Ramanathan (A) IV Assistant Secretary – Intelligence and Analysis Janice B. Gardner IV Assistant Secretary – International Economics and Development/Assistant Secretary (Interim) – Financial Stabilityg Neel T. Kashkari IV Assistant Secretary – Management/Chief Financial Officer h Peter B. McCarthy IV Assistant Secretary – Public Affairs Michele A. Davis IV Assistant Secretary – Tax Policy Eric Solomon IV Assistant Secretary – Terrorist Financing Patrick M. O’Brien IV Assistant Secretary – International Affairsi Clay Lowery IV Assistant Secretary – Legislative Affairsi Kevin I. Fromer IV General Counsel Robert F. Hoyt IV Chief Counsel – Internal Revenue Service/Assistant General Counsel for Tax Donald L. Korb V Director of the Mintj Edmund C. Moy SLk Treasurer of the United States Anna E. Cabral SLk a. This position has a five-year term and specified qualifications. See 26 U.S.C. § 7803(a)(1). b. This position has a five-year term, and a limitation on the President’s removal power. See 12 U.S.C. § 2. c. This position has a five-year term and specified qualifications. See 12 U.S.C. § 1462a(c). d. 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 Congressional Research Service 42 Presidential Appointments to Full-Time Positions in Executive Departments 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)). 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 position of Special Inspector General for the Troubled Asset Relief Program was established by P.L. 110343, Division A, Title 1, § 121, (122 Stat.3788). The position was first filled in the 110th Congress as shown. The Special Inspector General has the same removal provisions as other inspectors general (see footnote d, above). f. The position of Under Secretary for Terrorism and Financial Crimes (called Under Secretary for Terrorism and Financial Intelligence) was established by P.L. 108-447, Division H, Title II, § 222 (118 Stat. 3242). The Under Secretary was the successor office to the Office of Enforcement, and the incumbent in that office, Stuart A. Levey, continued to serve. g. The position of Interim Assistant Secretary for Financial Stability was established by P.L. 110-343, Division A, Title I, § 101(a)(3)(A), (122 Stat. 3767). The position was first filled in the 110th Congress as shown. h. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). McCarthy was confirmed for the position of Assistant Secretary for Management and designated as CFO. 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 position has a five-year term and a limitation on the President’s removal power. See 31 U.S.C. § 304. k. According to the 2008 Plum Book, the Director of the United States Mint and the Treasurer of the United States were both Senior Level positions (p. 132). With regard to pay for such positions, the Plum Book states, “Pay for SL [Senior Level] positions ranges from 120 percent of the rate of basic pay for GS-15, step 1 to the rate payable for level IV of the Executive Schedule. ... SL employees are entitled to locality-based comparability payments for their respective locality pay area. The employee’s locality rate of pay may not exceed the pay for level III of the Executive Schedule” (p.203). See also 5 U.S.C. 5376 and 5 U.S.C. 5304(g)(2). TREAS Nomination Action During the 110th Congress Nominated Confirmed Days to Confirm Asst. Secy. – Financial Institutions 03/05/07 06/05/07 92 Peter B. McCarthy Asst. Secy. – Management 04/10/07 08/01/07 113 David H. McCormick Under Secy. – International Affairs 06/04/07 08/01/07 58 Neel T. Kashkari Asst. Secy. – International Economics and Development/Asst. Secy. (Interim) – Financial Stability 11/15/07 06/27/08 225 Eric M. Thorson Inspector General 11/15/07 08/01/08 260 Douglas H. Shulman Commissioner – Internal Revenue 12/11/07 03/13/08 93 Anthony W. Ryan Under Secy. – Domestic Finance 07/31/08 Neil M. Barofsky Special Inspector General – Troubled Asset Relief Program 11/17/08 Nominee Position David G. Nason a. Returned 01/02/09a 12/08/08 21 Mean number of days to confirm a nomination 123 Median number of days to confirm a nomination 93 Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. Congressional Research Service 43 Presidential Appointments to Full-Time Positions in Executive Departments Department of Veterans Affairs (DVA) Full [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR41497. Public record. Not legal advice.