Summary
As part of the process of making an appointment to an advice and consent position, the President submits a nomination to the Senate. Most nominations are referred to the appropriate Senate committee or committees on the day they are received. Such referrals are guided primarily by Senate Rule XXV, which establishes the subject matter under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. Precedents set by prior referrals, standing orders, and unanimous consent (UC) agreements adopted by the Senate pertaining to the referral of nominations may also influence the referral process.
Most nominations are referred to one committee. For some positions, a nomination or series of nominations to a position are referred to more than one committee, pursuant to a standing order, a UC agreement, or a statutory provision. A nomination may be jointly or sequentially referred to multiple committees. Joint referral has generally occurred when more than one committee has had a claim to jurisdiction over the subject matter related to the position. Under joint referral, the committees receive the nomination simultaneously and may consider it concurrently. All committees to which a nomination is referred must report it to the full Senate or be discharged from its further consideration before the nomination may be considered on the floor. Sequential referral has generally occurred when one committee has had predominant jurisdiction over the subject matter related to the position, but another committee has had a claim as well. Under this process, a nomination is referred to the committee with predominant jurisdiction first and is then sequentially referred to additional committees. Consideration of subsequent referrals can be subject to a time limit after which the committee or committees without primary jurisdiction are automatically discharged from further consideration of the nomination. Certain "privileged" nominations or categories of nominations will not be referred unless a Senator requests referral pursuant to a standing order first adopted in the 112th Congress (2011-2012).
This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation as of July 30, 2021. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, this fact is noted under each of the committees to which the nominations were referred. The lists also include the lengths of fixed terms, where applicable. Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain political balance in some way. This is noted in parentheses where applicable. S. 679, which became P.L. 112-166 on August 10, 2012, removed numerous presidentially appointed positions from the advice and consent process for relevant U.S. Senate committees. A complete list of the presidentially appointed positions that no longer require Senate confirmation may be found in the Appendix of this report.
In many cases, the titles, specific responsibilities, and referral patterns for certain nominations may change over time. Because of this, the list of nominations in this report should be considered a "snapshot in time" of presidential appointee positions requiring Senate confirmation and the committees handling them.
The information provided in this report was compiled from the Senate nominations database available to both the congressional community and the public at https://www.congress.gov/nominations; data on departmental and agency websites; telephone conversations with agency officials; and the United States Code. For related information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki.
Introduction
Under the Constitution, the President and the Senate share the power to appoint the principal officers of the United States. Almost all of the highest-level political appointee positions in the federal government are filled by these officers.1 Three distinct stages mark the appointment process—selection and nomination by the President, consideration of the nomination by the Senate, and, if the nominee is confirmed, official appointment by the President.2 During the confirmation process in the Senate, a nomination is usually first referred to one (or, less frequently, more than one) committee. If the committee or committees report the nomination to the full Senate, or are discharged from further consideration of the nomination, the nomination is placed on the Senate's Executive Calendar and may be called up for floor consideration.3 The following pages briefly describe the referral process and identify, for each Senate committee to which referrals have been made, the positions that fall within the committee's jurisdiction.
Referral of Nominations to Senate Committees
To start the process of making an appointment to an advice and consent position, the President submits a nomination to the Senate in the form of a presidential message. The Senate's executive clerk, acting on behalf of the presiding officer, gives the presidential message a number, and most nominations are then referred to the appropriate committee or committees by the Senate Parliamentarian on the day they are received.4 Such referrals are guided primarily by Senate Rule XXV, which establishes the subject matters under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. Precedents set by prior referrals, standing orders, and unanimous consent (UC) agreements may also influence the referral process.
Most nominations are sent to a single committee. Occasionally, the Senate has agreed, by UC, standing order, or statute, to refer one or more nominations to more than one committee. Some UC agreements provided for such a multiple referral only in the case of a specific individual nomination, while other UC agreements applied to all future nominations to a particular position.
Nominations that are referred to more than one committee may be referred jointly or sequentially. If a nomination is referred jointly, the committees receive it simultaneously and may consider it concurrently. All committees to which a nomination is referred must report it to the full Senate or be discharged from its further consideration before the nomination may be considered on the floor. In the case of a sequential referral, a nomination is referred first to the committee of predominant jurisdiction and then referred sequentially to another committee as specified by the UC agreement or standing order. UC agreements for sequential referral can stipulate that the nomination must be reported out of the second committee within a specified period of time (usually 20 days), or else that committee will be automatically discharged from further consideration of the nomination.
Joint referral of a nomination has usually appeared to occur when more than one committee has had relatively equal jurisdictional claims. For example, since at least the beginning of the 109th Congress (2005-2006), nominations to seven positions—two in the Office of Management and Budget and one each in the Department of Commerce, Department of Energy, Department of the Interior, Department of Labor, and Pension Benefit Guaranty Corporation—have been referred jointly to two committees.5
Sequential referral has been more likely when jurisdictional predominance appeared to favor one committee, but another committee also had some jurisdictional claim on the nomination. In those instances, the nomination has usually been referred to the committee with predominant jurisdiction, and then, after being reported to the full Senate by that committee, it has been referred sequentially to other committees. For example, the Senate has agreed, by UC, to refer sequentially nominations to most inspector general (IG) positions.6
In a small number of cases, individual nominations have been referred to more than one committee on an ad hoc basis by UC. A 2004 nomination for Under Secretary of the Treasury for Enforcement,7 for example, was first referred to the Committee on Finance. After the committee had reported the nomination, it was referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee on Finance, pursuant to a UC agreement.8 A 2006 nomination to be Assistant Secretary of State for Intelligence and Research was initially referred to the Committee on Foreign Relations. Two days after this referral, the committee was discharged from further consideration of the nomination, and the nomination was referred to the Select Committee on Intelligence. The nomination remains in the jurisdiction of the Intelligence Committee.9 Also in 2006, a nomination to the position of federal coordinator for Alaska Natural Gas Transportation Projects was initially referred to the Committee on Commerce, Science, and Transportation. Two weeks later, the Senate agreed, by UC, to discharge this committee from further consideration of the nomination, and to then refer the nomination to the Committee on Energy and Natural Resources.10
In some instances, different committees have exercised jurisdiction over different positions within the same department or agency. (For details, see the committee presentations that follow.) For example, six committees have jurisdiction over positions in the Department of Commerce, and four committees have jurisdiction over positions in the Department of the Interior. Usually, however, one Senate committee has jurisdiction over most positions in a given department or agency.
The appointment provisions for certain executive branch chief financial officers (CFOs) are unusual. The Chief Financial Officers Act of 1990, as amended, covers CFOs in 25 specified departments and agencies. Of these, 17 positions may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions.11 These CFO positions are identified under the appropriate committees in this report.
Standing Order on "Privileged" Nominations
On June 29, 2011, the Senate adopted S.Res. 116, a resolution establishing special expedited procedures governing Senate consideration of certain presidential nominations.12 Under the terms of the resolution, which operates as a standing order of the Senate, over 40 specified nominations or categories of nominations are, when received from the President, not referred to a Senate committee but are instead placed directly on the Senate Executive Calendar under the heading "Privileged Nominations – Information Requested." A qualifying nomination will remain in this category until the Senate executive clerk receives written certification from the chair of the committee with jurisdiction over the nomination that the "appropriate biographical and financial questionnaires have been received" from the nominee. Once certified in this way, the nomination in question is transferred by the executive clerk to a separate section of the Executive Calendar having the heading "Privileged Nomination – Information Received," and it will remain in this status on the calendar for 10 days of Senate session.13 At the expiration of this 10-day period, the nomination is placed on the "Nominations" section of the Executive Calendar, where nominations reported by Senate committees are listed. The sponsor of S.Res. 116 expressed his view that the nominations would be placed in this position on the Executive Calendar, "with the presumption that these noncontroversial positions would be [confirmed] by unanimous consent."14 Anytime that a nomination is on the Executive Calendar in either the "Information Requested" or "Information Received" section, any Senator, for himself or herself or on the behalf of another Senator, can direct that the nomination be referred to Senate committee in the usual fashion.15
Organization of the Report
This report identifies, for each Senate committee to which nominations have been referred during recent Congresses, the positions over which the committee has exercised jurisdiction. The lists of presidentially appointed positions requiring Senate confirmation are based on referrals as of July 30, 2021. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, the positions are noted under each of the committees to which the nominations were referred. A footnote indicates the authority under which the referral to multiple committees was made.
S. 679, which became P.L. 112-166, removed numerous presidentially appointed positions from the advice and consent process. A complete list of the presidentially appointed positions that no longer required Senate confirmation pursuant to the enactment of P.L. 112-166 may be found in the Appendix to this report.
Policy areas are not specified in statute for some sub-secretary positions.16 The policy areas shown in the listings for such positions are drawn from the text of presidential nomination messages and information from agency officials. In these cases, titles, specific responsibilities, and referral patterns may change over time. Because of this, the list of nominations in this report should be considered a "snapshot in time" of presidential appointee positions requiring Senate confirmation and the committees handling them.
Most appointments to departments and single-headed agencies are characterized by an indefinite tenure; office holders serve at the pleasure of the President. In contrast, terms of office for appointments to multi-member entities, such as commissions and boards, are often for fixed periods of time. For those positions that have fixed terms of office, the lists include the lengths of such terms.
Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain some level of political balance. This fact is noted in parentheses where applicable.
Nominations subject to potentially expedited Senate consideration pursuant to S.Res. 116 are highlighted in the report with an asterisk, noting their privileged status under the standing order discussed above.
The information provided in this report was compiled from the Senate nominations database of Congress.gov, which spans the 97th Congress (1981-1982) to the present; data on departmental and agency websites; telephone conversations with agency officials; and the United States Code.
Finally, it should be stressed that the Senate Parliamentarian is the sole definitive arbiter of the jurisdiction of Senate committees and the referral of nominations.
Senate Committee on Agriculture, Nutrition, and Forestry
Full-Time Positions
Department of Agriculture17
Secretary
Deputy Secretary
Under Secretary—Farm Production and Conservation
Under Secretary—Food, Nutrition, and Consumer Services
Under Secretary—Food Safety
Under Secretary—Marketing and Regulatory Programs
Under Secretary—Natural Resources and Environment
Under Secretary—Research, Education, and Economics
Under Secretary—Rural Development
Under Secretary—Trade and Foreign Agricultural Affairs
Assistant Secretary—Civil Rights
*Assistant Secretary—Congressional Relations
*Chief Financial Officer18
General Counsel
Inspector General19
Commodity Futures Trading Commission (political balance required)
Commissioner—five positions (five-year terms of office; chair must be confirmed as both a member and as chair)
Farm Credit Administration (political balance required)
Member—three positions (six-year terms of office)
Part-Time Positions
Federal Agricultural Mortgage Corporation (Farmer Mac), Board of Directors
*Member—five (of 15 total) positions (indefinite terms of office; political balance required)
Senate Committee on Armed Services
Full-Time Positions
Department of Defense20
Office of the Secretary
Secretary
Deputy Secretary
Under Secretary—Research and Engineering
Under Secretary—Acquisition and Sustainment
Under Secretary—Policy
Under Secretary—Comptroller/*Chief Financial Officer21
Under Secretary—Personnel and Readiness
Under Secretary—Intelligence and Security
Deputy Under Secretary—Research and Engineering
Deputy Under Secretary—Acquisition and Sustainment
Deputy Under Secretary—Policy
Deputy Under Secretary—Personnel and Readiness
Deputy Under Secretary—Comptroller
Deputy Under Secretary—Intelligence and Security
Assistant Secretary—Special Operations and Low Intensity Conflict
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Nuclear, Chemical, and Biological Defense Programs
Assistant Secretary—Space Policy
Assistant Secretary—Industrial Base Policy
Assistant Secretary—Energy, Installations, and Environment
Assistant Secretary—Acquisition
Assistant Secretary—Sustainment
Assistant Secretary—Readiness
Assistant Secretary—Homeland Defense and Global Security
Assistant Secretary—Strategy, Plans, and Capabilities
Assistant Secretary—Indo-Pacific Security Affairs
Assistant Secretary—International Security Affairs
Assistant Secretary—Manpower and Reserve Affairs
Assistant Secretary—Health Affairs
Director—Cost Assessment and Program Evaluation
Director—Operational Test and Evaluation
Assistant to the Secretary—Nuclear and Chemical and Biological Defense Programs
Chief Information Officer
General Counsel
Inspector General22
Judge—U.S. Court of Military Commission Review23
Military Officers (commissions and promotions)
Department of the Air Force
Secretary
Under Secretary
Assistant Secretary—Acquisition, Technology, and Logistics
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Manpower and Reserve Affairs
Assistant Secretary—Energy, Installations, and Environment
Assistant Secretary—Space Acquisition and Integration24
General Counsel
Department of the Army
Secretary
Under Secretary
Assistant Secretary—Acquisition, Logistics, and Technology
Assistant Secretary—Civil Works25
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Energy, Installations, and Environment
Assistant Secretary—Manpower and Reserve Affairs
General Counsel
Department of the Navy
Secretary
Under Secretary
*Assistant Secretary—Financial Management/Comptroller
Assistant Secretary—Energy, Installations, and Environment
Assistant Secretary—Manpower and Reserve Affairs
Assistant Secretary—Research, Development, and Acquisition
General Counsel
Joint Chiefs of Staff
Chairman (four-year term of office)
Vice Chairman (four-year term of office)
Chief of Staff of the Army (four-year term of office)
Chief of Naval Operations (four-year term of office)
Chief of Staff of the Air Force (four-year term of office)
Commandant of the Marine Corps (four-year term of office)
Chief of the National Guard Bureau (four-year term of office)
Chief of Space Operations (four-year term of office)
Department of Energy26
Under Secretary—Nuclear Security/Administrator—National Nuclear Security Administration (NNSA)
Principal Deputy Administrator—NNSA
Deputy Administrator—Defense Programs—NNSA
Deputy Administrator—Defense Nuclear Nonproliferation—NNSA
Assistant Secretary—Environmental Management27
Defense Nuclear Facilities Safety Board (political balance required)
Member—five positions (five-year terms of office)
National Reconnaissance Office28
Director
Inspector General
National Security Agency29
Director
Inspector General
U.S. Court of Appeals for the Armed Forces (political balance required)
Judge—five positions (15-year terms of office)
Senate Committee on Banking, Housing, and Urban Affairs
Full-Time Positions
Department of Commerce30
Under Secretary—Industry and Security
Under Secretary—International Trade
Assistant Secretary—Export Administration
Assistant Secretary—Export Enforcement
Assistant Secretary—Global Markets/Director General—U.S. and Foreign Commercial Service31
Department of Housing and Urban Development32
Secretary
Deputy Secretary
Assistant Secretary—Community Planning and Development
*Assistant Secretary—Congressional and Intergovernmental Relations
Assistant Secretary—Fair Housing and Equal Opportunity
Assistant Secretary—Housing/Federal Housing Commissioner
Assistant Secretary—Policy Development and Research
Assistant Secretary—Public and Indian Housing
*Chief Financial Officer33
Director—Office of Federal Housing Enterprise Oversight (five-year term)
General Counsel
Inspector General34
President—Government National Mortgage Association (Ginnie Mae)
Department of Transportation35
Administrator—Federal Transit Administration
Department of the Treasury36
Under Secretary—Terrorism and Financial Intelligence37
Assistant Secretary—Financial Institutions
Assistant Secretary—Financial Stability
Assistant Secretary—International Markets and Development
Assistant Secretary—Terrorist Financing
Special Inspector General for the Troubled Asset Relief Program38
Special Inspector General for Pandemic Recovery39
Comptroller of the Currency (five-year term of office)
Director of the Mint (five-year term of office)
Director—Office of Financial Research (six-year term of office)
Director—Office of Thrift Supervision (five-year term of office)
Bureau of Consumer Financial Protection
Director
Council of Economic Advisers (Executive Office of the President)
Chair
Export-Import Bank40 (political balance required)
Member—five positions (four-year terms of office—chair must be confirmed as both a member and as chair)
Inspector General41
Federal Deposit Insurance Corporation42 (political balance required)
Member—three positions (six-year terms of office—chair and vice chair must be confirmed as both a member and as chair)
Inspector General43
Federal Housing Finance Agency (political balance required)
Director44
Inspector General45
Federal Reserve System, Board of Governors
Governor—seven positions (14-year terms of office—chair and vice chair, who must be confirmed as both a governor and as chair and vice chair, also need to be confirmed for four-year terms in those offices)
Financial Stability Oversight Council
Independent Member—10 voting positions and five nonvoting (six-year terms of office)
National Credit Union Administration, Board of Directors (political balance required)
Member—three positions (six-year terms of office)
Securities and Exchange Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Part-Time Positions
National Association of Registered Agents and Brokers, Board of Directors
*Member—13 positions (one-year terms of office; political balance required)46
National Consumer Cooperative Bank, Board of Directors
*Member—three (of 15 total) positions (three-year terms of office)
National Institute of Building Sciences, Board of Directors
*Member—six (of 21 total) positions (three-year terms of office)
Securities Investor Protection Corporation, Board of Directors
*Director—five (of seven total) positions (three-year terms of office)
Senate Committee on the Budget
Full-Time Positions
Office of Management and Budget (Executive Office of the President)47
Director48
Deputy Director49
Deputy Director—Management
Senate Committee on Commerce, Science, and Transportation
Full-Time Positions
Department of Commerce50
Secretary
Deputy Secretary
Under Secretary—Economic Affairs
Under Secretary—Standards and Technology/Director—National Institute of Standards and Technology
*Assistant Secretary—Administration/*Chief Financial Officer51
Assistant Secretary—Communications and Information
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Industry and Analysis
Assistant Secretary—Global Markets/Director General—U.S. and Foreign Commercial Service52
General Counsel
Inspector General53
National Oceanic and Atmospheric Administration (NOAA)
Under Secretary—Oceans and Atmosphere/Administrator—NOAA
Assistant Secretary—Conservation and Management/Deputy Administrator—NOAA
Assistant Secretary—Environmental Observation and Prediction/Deputy Administrator—NOAA
Department of Homeland Security54
Assistant Secretary/Administrator—Transportation Security Administration (five-year term of office)55
Commandant—United States Coast Guard (four-year term of office)
Officers (commissions and promotions)—United States Coast Guard Officers
Department of Transportation56
Secretary
Deputy Secretary
Under Secretary—Policy
Assistant Secretary—Aviation and International Affairs
*Assistant Secretary—Governmental Affairs
Assistant Secretary—Research and Technology57
Assistant Secretary—Transportation Policy
Administrator—Federal Aviation Administration (five-year term of office)
Administrator—Federal Motor Carrier Safety Administration
Administrator—Federal Railroad Administration
Administrator—Maritime Administration
Administrator—National Highway Traffic Safety Administration
Administrator—Pipeline and Hazardous Materials Safety Administration
*Chief Financial Officer58
General Counsel
Inspector General59
Consumer Product Safety Commission (political balance required)
Commissioner—five positions (seven-year terms of office—chair must be confirmed as both a member and as chair)
Federal Communications Commission (political balance required)60
Commissioner—five positions (five-year terms of office)
Inspector General61
Federal Maritime Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Federal Trade Commission (political balance required)
Commissioner—five positions (seven-year terms of office)
National Aeronautics and Space Administration62
Administrator
Deputy Administrator
*Chief Financial Officer
Inspector General63
National Transportation Safety Board (political balance required)
Member—five positions (five-year terms of office—chair must be confirmed as both a member and as chair)
Office of Science and Technology Policy (Executive Office of the President)
Director
Associate Director—Energy and Environment
Associate Director—National Security and International Affairs
Associate Director—Science
Associate Director—Technology/Chief Technology Officer
Surface Transportation Board (political balance required)
Member—five positions (five-year terms of office)
Part-Time Positions
Corporation for Public Broadcasting Board of Directors (political balance required)
Member—nine positions (six-year terms of office)
Metropolitan Washington Airport Authority Board of Directors (political balance required)
*Member—three (of 17 total) positions (six-year terms of office)
AMTRAK, Board of Directors (political balance required)
Member—eight positions (five-year terms of office)
Saint Lawrence Seaway Development Corporation Advisory Board (political balance required)
*Member—five positions (indefinite terms of office)
Senate Committee on Energy and Natural Resources
Full-Time Positions
Department of Energy64
Secretary
Deputy Secretary
Under Secretary
Under Secretary—Science
Administrator—Energy Information Administration
*Assistant Secretary—Congressional and Intergovernmental Affairs
Assistant Secretary—Cybersecurity, Energy Security, and Emergency Response
Assistant Secretary—Electricity Delivery and Energy Reliability
Assistant Secretary—Energy Efficiency and Renewable Energy
Assistant Secretary—Environmental Management65
Assistant Secretary—Fossil Energy
Assistant Secretary—International Affairs and Domestic Policy
Assistant Secretary—Nuclear Energy
Director—Advanced Research Projects Agency-Energy
Director—Office of Civilian Radioactive Waste Management
Director—Office of Minority Economic Impact
Director—Office of Science
*Chief Financial Officer66
General Counsel
Inspector General67
Department of the Interior68
Secretary
Deputy Secretary
Assistant Secretary—Fish and Wildlife and Parks69
Assistant Secretary—Insular Areas
Assistant Secretary—Land and Minerals Management
Assistant Secretary—Management, and Budget/*Chief Financial Officer70
Assistant Secretary—Water and Science
Commissioner—Bureau of Reclamation
Director—Bureau of Land Management
Director—National Park Service
Director—Office of Surface Mining Reclamation and Enforcement
Director—U.S. Geological Survey
Inspector General71
Solicitor
Federal Energy Regulatory Commission (political balance required)
Commissioner—five positions (five-year terms of office)
Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects
*Federal Coordinator72
Advisory Council on Historic Preservation
Chair (four-year term of office)
Puerto Rico Financial Oversight and Management Board
Member—potentially six positions (three-year terms of office)73
Senate Committee on Environment and Public Works
Full-Time Positions
Department of Commerce74
Assistant Secretary—Economic Development
Department of Defense75
Assistant Secretary—Army—Civil Works76
Department of the Interior77
Assistant Secretary—Fish and Wildlife and Parks78
Director—U.S. Fish and Wildlife Service
Department of Transportation79
Administrator—Federal Highway Administration
Appalachian Regional Commission
Federal Cochairman
Chemical Safety and Hazard Investigation Board
Member—five positions (five-year terms of office—chair must be confirmed as both a member and as chair)
Council on Environmental Quality (Executive Office of the President)80
Chair
Delta Regional Authority
Federal Cochair
Environmental Protection Agency81
Administrator
Deputy Administrator
Assistant Administrator—Air and Radiation
Assistant Administrator—Enforcement and Compliance Assurance
Assistant Administrator—International and Tribal Affairs
Assistant Administrator—Land and Emergency Management
Assistant Administrator—Mission Support
Assistant Administrator—Research and Development
Assistant Administrator—Office of Solid Waste
Assistant Administrator—Toxic Substances82
Assistant Administrator—Water
*Chief Financial Officer83
General Counsel
Inspector General84
Southeast Crescent Regional Commission
Federal Cochair
Southwest Border Regional Commission
Federal Cochair
Northern Border Regional Commission
Federal Cochair
Tennessee Valley Authority
Inspector General85
Nuclear Regulatory Commission86 (political balance required)
Commissioner—five positions (five-year terms of office)
Inspector General87
Office of Environmental Quality
Deputy Director
Public Buildings Reform Board
Chair (six-year term of office)
Part-Time Positions
Morris K. Udall and Stewart L. Udall Foundation, Board of Trustees (political balance required)
*Member—nine positions (six-year terms of office)
Tennessee Valley Authority, Board of Directors
Member—nine positions (five-year terms of office)
Full-Time Positions
Department of Commerce88
Under Secretary—International Trade
Assistant Secretary—Enforcement and Compliance
Department of Health and Human Services89
Secretary
Deputy Secretary
Administrator—Centers for Medicare and Medicaid Services
Assistant Secretary—Financial Resources/*Chief Financial Officer90
Assistant Secretary—Family Support
*Assistant Secretary—Legislation
Assistant Secretary—Planning and Evaluation
Commissioner—Children, Youth, and Families
General Counsel
Inspector General91
Department of Homeland Security92
Commissioner—U.S. Customs and Border Protection
Department of the Treasury93
Secretary
Deputy Secretary
Under Secretary—Domestic Finance
Under Secretary—International Affairs
Assistant Secretary—Economic Policy
Assistant Secretary—Financial Markets
Assistant Secretary (Deputy Under Secretary)—International Finance94
Assistant Secretary—Tax Policy
*Assistant Secretary (Deputy Under Secretary)—Legislative Affairs95
*Chief Financial Officer96
Chief Counsel—Internal Revenue Service/Assistant General Counsel for Tax
Commissioner—Internal Revenue (five-year terms of office)
General Counsel
Inspector General97
Inspector General—Tax Administration98
Office of United States Trade Representative (Executive Office of the President)
U.S. Trade Representative
Deputy U.S. Trade Representative
Deputy U.S. Trade Representative
Deputy U.S. Trade Representative
Chief Agricultural Negotiator
Chief Innovation and Intellectual Property Negotiator
Pension Benefit Guaranty Corporation
Director99
Social Security Administration100
Commissioner (six-year term of office)
Deputy Commissioner (six-year term of office)
Inspector General101
United States International Trade Commission (political balance required)
Commissioner—six positions (nine-year terms of office)
United States Tax Court
Judge—19 positions (15-year terms of office)
Part-Time Positions
Federal Hospital Insurance Trust Fund, Board of Trustees (political balance required)
*Member—two (of six total) positions (four-year terms of office)
Federal Old-Age and Survivors Trust Fund and the Disability Insurance Trust Fund, Board of Trustees (political balance required)
*Member—two (of six total) positions (four-year terms of office)
Federal Supplementary Medical Insurance Trust Fund, Board of Trustees (political balance required)
*Member—two (of six total) positions (four-year terms of office)
Internal Revenue Service Oversight Board
*Member—seven (of nine total) positions (five-year terms of office)
Social Security Advisory Board (political balance required)
*Member—three (of seven total) positions (six-year terms of office)102
Senate Committee on Foreign Relations
Full-Time Positions
Department of State103
Secretary
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic Growth, Energy, and Environment
Under Secretary—Civilian Security, Democracy, and Human Rights
Under Secretary—Management
Under Secretary—Political Affairs
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security
Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—Energy Resources
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—Intelligence and Research
Assistant Secretary—International Narcotics and Law Enforcement Affairs
Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
*Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific Affairs
Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs
Head—Office of Sanctions Coordination
Ambassador-at-Large—Coordinator—Counterterrorism
Ambassador-at-Large—Coordinator—U.S. Global AIDS and Health Diplomacy
Ambassador-at-Large—Global Women's Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons
Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—Global Criminal Justice
Special Envoy to Monitor and Combat Anti-Semitism
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization
Coordinator—Reconstruction and Stabilization
Director General—Foreign Service
Director—Office of Foreign Missions
*Chief Financial Officer104
Inspector General105
Legal Adviser
Chief of Protocol
Ambassadors
Foreign Service Officers (numerous commissions and promotions)
U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission—United Nations
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations
U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)
U.S. Agency for International Development106
Administrator
Deputy Administrator
Assistant Administrator—Africa
Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia
Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
Assistant Administrator—Food Safety
Assistant Administrator—Global Health
Assistant Administrator—Development, Democracy, and Innovation
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Inspector General107
International Joint Commission, United States and Canada
Commissioner—three positions
International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)
Inter-American Development Bank108
U.S. Executive Director (three-year term of office)
U.S. Alternate Executive Director (three-year term of office)
U.S. Trade and Development Agency
Director
U.S. Agency for Global Media
Chief Executive Officer
Organizations with Full- and Part-Time Positions109
African Development Bank
U.S. Director (five-year term of office; full-time)
Governor (five-year terms of office; part-time)110
Alternate Governor (five-year terms of office; part-time)111
Asian Development Bank
U.S. Director (full-time)
Governor (part-time)112
Alternate Governor (part-time)113
European Bank for Reconstruction and Development
U.S. Director (full-time)
Governor (part-time)
Alternate Governor (part-time)
International Bank for Reconstruction and Development 114
U.S. Executive Director (two-year term of office; full-time)
U.S. Alternate Executive Director (two-year term of office; full-time)
Governor (five-year term of office; part-time)115
Alternate Governor (five-year term of office; part-time)116
Millennium Challenge Corporation
Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)
U.S. International Development Finance Corporation
Chief Executive Officer (full-time)
Deputy Chief Executive Officer (full-time)
Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)117
Peace Corps
Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)
Part-Time Positions
Advisory Board for Cuba Broadcasting (political balance required)
*Member—eight positions (three-year terms of office)
African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)118
African Development Fund
Governor119
Alternate Governor120
Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)
U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)
Senate Committee on Health, Education, Labor, and Pensions
Full-Time Positions
Department of Education121
Secretary
Deputy Secretary
Under Secretary
Assistant Secretary—Civil Rights
Assistant Secretary—Communications and Outreach
Assistant Secretary—Elementary and Secondary Education
*Assistant Secretary—Legislation and Congressional Affairs
Assistant Secretary—Planning, Evaluation and Policy Development
Assistant Secretary—Postsecondary Education
Assistant Secretary—Special Education and Rehabilitative Services
Assistant Secretary—Career, Technical, and Adult Education
*Chief Financial Officer122
*Commissioner—Rehabilitation Services Administration
Director—Institute of Education Sciences (six-year term of office)
General Counsel
Inspector General123
Department of Health and Human Services124
Assistant Secretary—Mental Health and Substance Use
Assistant Secretary—Aging
Assistant Secretary—Health
*Assistant Secretary—Legislation
Assistant Secretary—Preparedness and Response
*Commissioner—Administration for Children, Youth, Families
Commissioner—Food and Drugs
Director—National Institutes of Health
Surgeon General (four-year term of office)
Public Health Service—Officer Corps
Department of Labor125
Secretary
Deputy Secretary
*Assistant Secretary—Congressional and Intergovernmental Affairs
Assistant Secretary—Disability Employment Policy
Assistant Secretary—Employee Benefits Security Administration
Assistant Secretary—Employment and Training Administration
Assistant Secretary—Mine Safety and Health Administration
Assistant Secretary—Occupational Safety and Health Administration
Assistant Secretary—Policy
Assistant Secretary—Veterans' Employment and Training Service126
Administrator—Wage and Hour Division
Commissioner—Bureau of Labor Statistics (four-year term)
*Chief Financial Officer127
Inspector General128
Solicitor
Corporation for National and Community Service129
Chief Executive Officer
Inspector General130
Equal Employment Opportunity Commission (political balance required)
Commissioner—five positions (five-year terms of office)
General Counsel (four-year term of office)
Federal Mediation and Conciliation Service
Director
Federal Mine Safety and Health Review Commission
Commissioner—five positions (six-year terms of office)
National Foundation on the Arts and the Humanities
National Endowment for the Arts—Chair (four-year term of office)
National Endowment for the Humanities—Chair (four-year term of office)
Institute of Museum and Library Services—Director (four-year term of office)
National Labor Relations Board131
Member—five positions (five-year terms of office)
General Counsel (four-year term of office)
National Mediation Board (political balance required)
Member—three positions (three-year terms of office)
National Science Foundation
Director (six-year term of office)
Deputy Director
Occupational Safety and Health Review Commission
Member—three positions (six-year terms of office)
Pension Benefit Guaranty Corporation
Director132
Railroad Retirement Board133
Member—three positions (five-year terms of office)
Inspector General134
Part-Time Positions
Barry Goldwater Scholarship and Excellence in Education Foundation, Board of Trustees (political balance required)
*Member—eight (of 13 total) positions (six-year terms of office)
Corporation for National and Community Service, Board of Directors (political balance required)
*Member—15 positions (five-year terms of office)
Harry S. Truman Scholarship Foundation, Board of Trustees (political balance required)
*Member—eight (of 13 total) positions (six-year terms of office)
James Madison Memorial Fellowship Foundation, Board of Trustees (political balance required)
*Member—six (of 13 total) positions (six-year terms of office)
Legal Services Corporation Board of Directors (political balance required)
*Member—11 positions (three-year terms of office)
National Foundation on the Arts and the Humanities
National Council on the Arts
*Member—18 positions (of 25 total) positions (six-year terms of office)
National Council on the Humanities
*Member—26 positions (of 27 total) positions (six-year terms of office)
United States Institute of Peace, Board of Directors (political balance required)
*Member—12 (of 15 total) positions (four-year terms of office)135
Senate Committee on Homeland Security and Governmental Affairs
Full-Time Positions
Department of Commerce136
Director—Bureau of the Census (five-year term of office)
Department of Homeland Security137
Secretary
Deputy Secretary
Under Secretary—Management
Under Secretary—Strategy, Policy, and Plans
Under Secretary—Science and Technology
Assistant Secretary—Policy
Assistant Secretary/Administrator—Transportation Security Administration (five-year term of office)138
Director—U.S. Immigration and Customs Enforcement139
Administrator—Federal Emergency Management Agency (FEMA)
Deputy Administrator—FEMA
Deputy Administrator—Resilience (FEMA)
*Chief Financial Officer140
General Counsel
Inspector General
Court Services and Offender Supervision Agency to the District of Columbia
Director (six-year term of office)
District of Columbia Court of Appeals
Chief Judge (15-year term of office)
Associate Judge—eight positions (15-year terms of office)
District of Columbia Superior Court
Chief Judge (15-year term of office)
Associate Judge—61 positions (15-year terms of office)
Superior Court of the District of Columbia
United States Marshal (four-year terms of office)141
Federal Labor Relations Authority (political balance required)
Member—three positions (five-year terms of office)
General Counsel (five-year term of office)
General Accountability Office
Comptroller General (15-year term of office)
Deputy Comptroller General142
General Services Administration
Administrator
Inspector General
Merit Systems Protection Board (political balance required)
Member—three positions (seven-year terms of office—chair must be confirmed as both a member and as chair)
National Archives and Records Administration
Archivist
Civil Rights Cold Case Records Review Board
Member—five positions
Office of the Director of National Intelligence (ODNI)
Inspector General of the Intelligence Community143
Office of Government Ethics
Director (five-year term of office)
Office of Management and Budget (Executive Office of the President)
Director144
Deputy Director145
Deputy Director—Management
Administrator—Office of Federal Procurement Policy
Administrator—Office of Information and Regulatory Affairs
*Controller—Office of Federal Financial Management
Office of Personnel Management
Director (four-year term of office)
Deputy Director
Inspector General
Office of the National Cyber Director (Executive Office of the President)
National Cyber Director
Office of Special Counsel
Special Counsel (five-year term of office)
Postal Regulatory Commission (political balance required)
Commissioner—five positions (six-year terms of office)
Most Other Inspectors General146
Part-Time Positions
Federal Retirement Thrift Investment Board
*Member—five positions (four-year terms of office)
Special Panel on Appeals
Chair (six-year term of office)
United States Postal Service Board of Governors (political balance required)
Governor—nine positions (nine-year terms of office)
Senate Committee on Indian Affairs
Full-Time Positions147
Department of Health and Human Services148
Director—Indian Health Service (four-year term of office)
*Commissioner—Administration for Native Americans
Department of the Interior149
Assistant Secretary—Indian Affairs
Chair—National Indian Gaming Commission (three-year term of office)
Special Trustee—American Indians
Senate Select Committee on Intelligence
Full-Time Positions
Department of Homeland Security
Under Secretary for Intelligence and Analysis
Department of Justice
Assistant Attorney General—National Security Division150
Department of State
Assistant Secretary—Intelligence and Research151
Department of the Treasury
Assistant Secretary—Intelligence and Analysis
Central Intelligence Agency
Director
General Counsel
Inspector General
Office of the Director of National Intelligence (ODNI)
Director
Principal Deputy Director
Director—National Counterterrorism Center
Director—National Counterintelligence and Security Center
General Counsel
Inspector General of the Intelligence Community152
National Reconnaissance Office153
Director
Inspector General154
National Security Agency155
Director
Inspector General156
Senate Committee on the Judiciary
Full-Time Positions
Department of Commerce157
Under Secretary—Intellectual Property/Director—U.S. Patent and Trademark Office
Department of Homeland Security158
Assistant Secretary—U.S. Immigration and Customs Enforcement159
Director—U.S. Citizenship and Immigration Services
Department of Justice160
Attorney General
Deputy Attorney General
Associate Attorney General
Assistant Attorney General—Antitrust Division
Assistant Attorney General—Civil Division
Assistant Attorney General—Civil Rights Division
Assistant Attorney General—Criminal Division
Assistant Attorney General—Environment and Natural Resources Division
*Assistant Attorney General—Legislative Affairs
Assistant Attorney General—National Security Division161
Assistant Attorney General—Office of Justice Programs
Assistant Attorney General—Office of Legal Counsel
Assistant Attorney General—Office of Legal Policy
Assistant Attorney General—Tax Division
Administrator—Drug Enforcement Administration
Deputy Administrator—Drug Enforcement Administration
Director—Bureau of Alcohol, Tobacco, Firearms and Explosives
Director—Community Relations Service (four-year term of office)
Director—Federal Bureau of Investigation (10-year term of office)
Director—Office on Violence Against Women
Director—U.S. Marshals Service
Inspector General162
Solicitor General
Special Counsel—Immigration-Related Unfair Employment Practices (four-year term of office)
U.S. Attorney—93 positions (four-year terms of office)
U.S. Marshal—93 positions (four-year terms of office)163
Foreign Claims Settlement Commission
Chair—(three-year term of office; nominated from among commissioner members—see additional listing under part-time positions below)
Office of National Drug Control Policy (Executive Office of the President)164
Director
Privacy and Civil Liberties Oversight Board (political balance required)165
Chair—(six-year term of office)
United States Circuit Court
Judge—179 positions (life tenure)
United States Court of Federal Claims
Judge—16 positions (15-year terms of office)
United States Court of International Trade (political balance required)
Judge—nine positions (life tenure)
United States District Courts166
Judge—677 positions (most are life tenure—also includes four judges in three territorial courts, who are appointed to 10-year terms of office)
United States Parole Commission167
Member—five positions (six-year term of office)
United States Sentencing Commission
Chair—(six-year term of office; nominated from among commission members)168
Vice Chair—three positions (six-year terms of office; designated from among commission members)
United States Supreme Court
Chief Justice—(life tenure)
Associate Justice—eight positions (life tenure)
Part-Time Positions
Foreign Claims Settlements Commission169
*Member—three positions (three-year terms of office)
Privacy and Civil Liberties Oversight Board170 (political balance required)
Member—four positions (six-year term of office)
State Justice Institute, Board of Directors (political balance required)
*Director—11 positions (three-year terms of office)
United States Sentencing Commission (political balance required)
Commissioner—three positions (six-year terms of office)171
Senate Committee on Rules and Administration
Full-Time Positions
Architect of the Capitol
Architect (10-year term of office)
Election Assistance Commission (political balance required)
Commissioner—four positions (four-year terms of office)
Federal Election Commission (political balance required)
Commissioner—six positions (six-year terms of office)
Government Publishing Office
Director
Library of Congress
Librarian (10-year term of office)
Senate Committee on Small Business and Entrepreneurship
Full-Time Positions
Small Business Administration172
Administrator
Deputy Administrator
Chief Counsel for Advocacy
Inspector General173
Senate Committee on Veterans' Affairs
Full-Time Positions
Department of Labor174
Assistant Secretary—Veterans' Employment and Training Service175
Department of Veterans Affairs176
Secretary
Deputy Secretary
Under Secretary—Benefits
Under Secretary—Health
Under Secretary—Memorial Affairs
*Assistant Secretary—Congressional and Legislative Affairs
Assistant Secretary—Enterprise Integration
Assistant Secretary—Accountability and Whistleblower Protection
Chair—Board of Veterans' Appeals (six-year term of office)
*Chief Financial Officer177
General Counsel
Inspector General178
United States Court of Appeals for Veterans Claims (political balance required)
Judge (15-year terms of office)179
Appendix. Presidential Appointee Positions That No Longer Required Senate Confirmation per P.L. 112-166, the Presidential Appointment Efficiency and Streamlining Act of 2011
Table A-1. Positions That No Longer Required Senate Confirmation
Per P.L. 112-166
(positions listed by Senate Committee of Jurisdiction)
Source: Congressional Record, vol. 157, part 44 (March 30, 2011), pp. 1985-1990. Changes made in committee markup were identified through Congressional Quarterly and are available at http://www.cq.com/pdf/3852080. Committee jurisdiction was determined based upon the list provided in the Congressional Record upon the bill's introduction, as well as examination of past referrals of nominations in the Congress.gov nominations database. See also CRS Report R41872, Presidential Appointments, the Senate's Confirmation Process, and Changes Made in the 112th Congress, by Maeve P. Carey, in which this table first appeared.
Notes: In addition to eliminating advice and consent requirements for the positions listed here, P.L. 112-166 made changes regarding other positions. In the Department of Defense, the authorized number of Assistant Secretaries was reduced from 16 to 14. The two that would be eliminated in accordance with that reduction would be the Assistant Secretary of Defense for Networks and Information Integration and the Assistant Secretary of Defense for Public Affairs. Another change made by the passage of P.L. 112-166 was that the director of the Bureau of the Census would have a five-year term, beginning in 2012, with a two-term limit. Additionally, for the positions of governor and alternate governor for the African Development Bank, Asian Development Bank, and African Development Fund, the President can nominate an individual with the advice and consent of the Senate, or he can designate an individual to fill those positions from among individuals serving in positions that are already, independently, subject to advice and consent of the Senate.
a. An additional 319 National Oceanic and Atmospheric Administration Officer Corps positions were typically referred to the Committee on Commerce, Science, and Transportation. These were included in P.L. 112-166 and are no longer considered by the Senate. Nominations for the Officer Corps were sometimes considered en bloc, or in a list that receives a single vote.
b. P.L. 112-166 requires the Assistant Secretary for Administration to be appointed by the Secretary with the approval of the President.
c. It appears that the Assistant Secretary for Budget and Programs also serves as the CFO in the Department of Transportation. P.L. 112-166 eliminated the advice and consent requirement for the Assistant Secretary position, but the CFO position still requires advice and consent. The CFO position for Transportation is included in S.Res. 116.
d. It appears that the Assistant Secretary for Management also serves as the CFO in the Department of the Treasury. P.L. 112-166 eliminated the advice and consent requirement for the Assistant Secretary position, but the CFO position still requires advice and consent. The CFO position for Treasury is included in S.Res. 116.
e. The advice and consent requirements for an additional 2,536 Public Health Services Officer Corps positions were eliminated as well by P.L. 112-166. These nominations were typically non-controversial and were considered by the Senate en bloc, with the Senate considering a large number of nominees and casting a single vote for the entire list. The list may include dozens or even hundreds of nominees.
| 1. |
Positions in the White House Office to which the President makes appointments without the need for Senate confirmation are exceptions. |
| 2. |
In the final, official appointment stage, a confirmed nominee is given a commission signed by the President, with the seal of the United States affixed thereto, and is sworn into office. |
| 3. |
For more information on the Senate confirmation process, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki. |
| 4. |
As discussed below under the heading "Standing Order on 'Privileged' Nominations," pursuant to a standing order adopted in the 112th Congress (2011-2012), certain nominations and categories of nominations are not referred to committee when received, but are subject to a potentially more expedited process of Senate consideration. |
| 5. |
The positions are Director of the Office of Management and Budget; Deputy Director of the Office of Management and Budget; Assistant Secretary of Commerce for Trade Promotion/Director General of the U.S. and Foreign Commercial Service; Assistant Secretary of Energy for Environmental Management; Assistant Secretary of the Interior for Fish, Wildlife, and Parks; Assistant Secretary of Labor for Veterans' Employment and Training Service; and Director of the Pension Benefit Guaranty Corporation. |
| 6. |
On January 7, 2009, the Senate agreed, by unanimous consent, "that the nominations to the Office of Inspector General, except the Office of Inspector General of the Central Intelligence Agency, be referred in each case to the committee having primary jurisdiction over the department, agency, or entity and, if and when reported in each case, then to the Committee on Homeland Security and Governmental Affairs for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess or adjournment the committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination, and that if the nomination is not reported after the expiration of that period, the nomination be automatically discharged and placed on the Executive Calendar." Sen. Harry Reid, "Unanimous Consent Agreement—Nominations to Office of Inspector General," remarks in the Senate, Congressional Record, daily edition, vol. 155 (January 7, 2009), p. S175. |
| 7. |
This position is currently known in the Department of the Treasury as Under Secretary for Terrorism and Financial Intelligence. |
| 8. |
Sen. Bill Frist, "Referral of Nominations," remarks in the Senate, Congressional Record, vol. 150, part 11 (July 8, 2004), p. 14904. |
| 9. |
Sen. Mitch McConnell, "Referral of Discharged Nomination," remarks in the Senate, Congressional Record, vol. 152, part 8 (June 14, 2006), p. 11186. |
| 10. |
Sen. Mitch McConnell, "Discharge and Referral," remarks in the Senate, Congressional Record, vol. 152, part 10 (June 29, 2006), p. 13597. A subsequent nomination to this position was referred solely to the Energy and Natural Resources Committee. |
| 11. |
31 U.S.C. §901(a)(1). For more information, see CRS Report RL31965, Financial Management in the Federal Government: Efforts to Improve Performance, by Virginia A. McMurtry; and CRS Report RL32550, Homeland Security Financial Accountability Act: History and Recent Developments, by Virginia A. McMurtry. |
| 12. |
In the 112th Congress, the Senate also passed legislation intended to reduce the number of executive branch positions subject to Senate confirmation. Enactment of S. 679 eliminated the requirement of Senate approval of several specified presidentially appointed positions in the federal agencies and departments. S. 679 was signed into law by the President on August 10, 2012, as P.L. 112-166. For additional information on these two measures, see CRS Report R41872, Presidential Appointments, the Senate's Confirmation Process, and Changes Made in the 112th Congress, by Maeve P. Carey. |
| 13. |
A day of Senate session is any day on which the Senate meets. |
| 14. |
Remarks of Sen. Chuck Schumer, Congressional Record, daily edition, vol. 157 (June 29, 2011), p. S4203. |
| 15. |
For further reading on the subject, see CRS Report R46273, Consideration of Privileged Nominations in the Senate, by Michael Greene. |
| 16. |
See, for example, 22 U.S.C. §2651a(c) and 29 U.S.C. §553. |
| 17. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 18. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 19. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 20. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 21. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 22. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 23. |
This position was created on October 28, 2009, pursuant to P.L. 111-84, Title XVIII, §1802; 123 Stat. 2603. The statute indicates that "additional judges" may be appointed by the President, with the advice and consent of the Senate, but does not specify how many appointments may be made. |
| 24. |
This position was created on December 20, 2019, pursuant to P.L. 116-92, Div. A, Title VIII, §956; 133 Stat. 1565. The statute redesignated the Principal Assistant for Space as the Assistant Secretary of the Air Force for Space Acquisition and Integration. |
| 25. |
Nominations to this position are referred sequentially to the Committee on Armed Services and the Committee on Environment and Public Works. See Sen. Mitch McConnell, "Unanimous Consent Agreement—Executive Calendar," remarks in the Senate, Congressional Record, vol. 151, part 3 (March 10, 2005), p. 4386. |
| 26. |
For other positions within the department, see also Committee on Energy and Natural Resources and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 27. |
Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, "Joint Referral of Department of Energy Nomination," remarks in the Senate, Congressional Record, vol. 136, part 11 (June 28, 1990), pp. 16573-16574. |
| 28. |
The positions of Director and Inspector General for the National Reconnaissance Office became appointments requiring the advice and consent of the Senate on July 7, 2014 (P.L. 113-126, title IV, §§411-412; 128 Stat. 1409-1410). Nominations to these positions are referred sequentially to the Committee on Armed Services and the Select Committee on Intelligence, pursuant to Section 17(c) of S.Res. 400 of the 94th Congress (as amended by S.Res. 470 of the 113th Congress), depending on the nominee's status as a member of the Armed Forces on active duty. The applicable portion of the provision reads, "[W]ith respect to the confirmation of appointment to the position of [Director or Inspector General of the National Reconnaissance Office], the nomination of any individual by the President to serve in such position, who at the time of the nomination is a member of the Armed Forces on active duty, shall be referred to the Committee on Armed Services and, if and when reported, to the Select Committee for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." |
| 29. |
The positions of Director and Inspector General for the National Security Agency became appointments requiring the advice and consent of the Senate on July 7, 2014 (P.L. 113-126, title IV, §§401-402; 128 Stat. 1407-1408). Nominations to these positions are referred sequentially to the Committee on Armed Services and the Select Committee on Intelligence, pursuant to Section 17(c) of S.Res. 400 of the 94th Congress (as amended by S.Res. 470 in the 113th Congress), depending on the nominee's status as a member of the Armed Forces on active duty. The applicable portion of the provision reads, "[W]ith respect to the confirmation of appointment to the position of [Director or Inspector General of the National Security Agency], the nomination of any individual by the President to serve in such position, who at the time of the nomination is a member of the Armed Forces on active duty, shall be referred to the Committee on Armed Services and, if and when reported, to the Select Committee for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." |
| 30. |
For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. |
| 31. |
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation pursuant to unanimous consent agreement. See, for example, Sen. Chuck Schumer, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 167 (June 8, 2021), p. S3997. |
| 32. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 33. |
This chief financial officer (CFO) is one of CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 34. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 35. |
For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 36. |
For other positions within the department, see also Committee on Finance and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 37. |
The position of Under Secretary for Terrorism and Financial Crimes was established by P.L. 108-447, Div. H, Title II, §222 (118 Stat. 3242) as a successor office to the Under Secretary for Enforcement. |
| 38. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 39. |
Ibid. |
| 40. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 41. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 42. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 43. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 44. |
This position was established by the Housing and Economic Recovery Act of 2008 (P.L. 110-289; 122 Stat. 2654, Title I, Section 1101). Joseph A. Smith Jr. was nominated on November 15, 2010, and the nomination was returned to the President on December 22, 2010. On December 10, 2013, Melvin L. Watt was confirmed as Agency Director. |
| 45. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 46. |
The NARAB Board of Directors was created on January 12, 2015, pursuant to P.L. 114-1, §202(a); 129 Stat. 20. |
| 47. |
For other positions within the Office of Management and Budget, see also Committee on Homeland Security and Governmental Affairs. |
| 48. |
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: "The Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a nomination, the other must report within 30 calendar days session, or be automatically discharged" (§101(e)). Nominations to the positions of Director and Deputy Director of the Office of Management and Budget have been jointly referred to the two committees since the 109th Congress (2005-2006). |
| 49. |
Ibid. |
| 50. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. |
| 51. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 52. |
Nominations to this position are referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation pursuant to unanimous consent agreement. See, for example, Sen. Chuck Schumer, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 167 (June 8, 2021), p. S3997. |
| 53. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 54. |
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs, and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. §113). |
| 55. |
Nominations to this position are referred sequentially to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement. See, for example, Sen. Mitch McConnell, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 163 (June 8, 2017), p. S3358. |
| 56. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 57. |
Pursuant to P.L. 114-94, §6011; 129 Stat. 1568, the Research and Innovative Technology Administration was elevated to the Office of the Assistant Secretary for Research and Technology. |
| 58. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 59. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 60. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 61. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 62. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 63. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 64. |
For other positions within the department, see also Committee on Armed Services and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 65. |
Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, "Joint Referral of Department of Energy Nomination," remarks in the Senate, Congressional Record, vol. 136, part 11 (June 28, 1990), pp. 16573-16574. |
| 66. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 67. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 68. |
For other positions within the department, see also Committee on Environment and Public Works, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. |
| 69. |
Nominations to this position have been referred jointly to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works pursuant to unanimous consent agreements. See, for example, Sen. Chuck Schumer, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 167 (April 19, 2021), p. S2041. |
| 70. |
This chief financial officer (CFO) is one of the positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 71. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 72. |
A June 12, 2006, nomination to this position was initially referred to the Committee on Commerce, Science, and Transportation. On June 29, 2006, the Senate agreed, by unanimous consent, that "the nomination of Drue Pearce to be the Federal Coordinator for Alaska Natural Gas Transportation Projects be discharged from the Committee on Commerce, Science, and Transportation and be referred to the Committee on Energy and Natural Resources." Sen. Mitch McConnell, "Discharge and Referral," remarks in the Senate, Congressional Record, vol. 152, part 10 (June 29, 2006), p. 13597. A subsequent nomination to the same position was referred solely to the Energy and Natural Resources Committee. The term of the Federal Coordinator is "to last until 1 year following the completion of the project referred to in section 103" of the Alaska Natural Gas Pipeline Act (15 U.S.C. §720d(b)(1)). Section 103 discusses "an Alaska natural gas transportation project other than the Alaska natural gas transportation system" (15 U.S.C. §720a(a)). * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 73. |
Pursuant to §101(e)(2)(E) of P.L. 114-187, the appointment of six of the seven members of the Puerto Rico Financial Oversight and Management Board "shall be by and with the advice and consent of the Senate, unless the President appoints an individual from a list, as provided in this subsection, in which case no Senate confirmation is required." The lists of potential board members referenced are to be submitted by the Speaker and minority leader of the House of Representatives and the majority and minority leaders of the Senate. |
| 74. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. |
| 75. |
For other positions within the department, see also Committee on Armed Services and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 76. |
Nominations to this position are referred sequentially to the Committee on Armed Services and the Committee on Environment and Public Works. See Sen. Mitch McConnell, "Unanimous Consent Agreement—Executive Calendar," remarks in the Senate, Congressional Record, vol. 151, part 3 (March 10, 2005), p. 4386. |
| 77. |
For other positions within the department, see also Committee on Energy and Natural Resources, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. |
| 78. |
Nominations to this position have been referred jointly to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works pursuant to unanimous consent agreements. See, for example, Sen. Chuck Schumer, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 167 (April 19, 2021), p. S2041 |
| 79. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Homeland Security and Governmental Affairs (for inspector general position); and Committee on Commerce, Science, and Transportation. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 80. |
The chair is confirmed as a member and designated by the President (42 U.S.C. §4342). P.L. 114-113, 129 Stat. 2569, provides that "notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council [on Environmental Quality] shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council." |
| 81. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 82. |
In the EPA this position is considered to be the Assistant Administrator for the Office of Chemical Safety and Pollution Prevention (OCSPP). |
| 83. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 84. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 85. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 86. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 87. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 88. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. |
| 89. |
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position); Committee on Health, Education, Labor, and Pensions; and Committee on Indian Affairs. |
| 90. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 91. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 92. |
For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. §113). * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 93. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs and Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 94. |
Under the provisions of 31 U.S.C. §301(d), the Department of the Treasury has two deputy Under Secretaries who are to be appointed by the President, with the advice and consent of the Senate. Section 301(d) also provides that "[w]hen appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary." As of April 15, 2011, the most recent appointees to Deputy Under Secretary for International Affairs and Deputy Under Secretary for Legislative Affairs were identified as assistant secretaries on the Department of the Treasury website at http://www.ustreas.gov/. |
| 95. |
Ibid. |
| 96. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 97. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 98. |
Ibid. |
| 99. |
The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280, §411; 120 Stat. 935). The act provides that "[t]he Committee on Finance of the Senate and the Committee on Health, Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated by the President to fill [this position], and if one committee votes to order reported such a nomination, the other shall report within 30 calendar days, or be automatically discharged" (P.L. 109-280, §411(c)(1); 120 Stat. 935). |
| 100. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 101. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 102. |
* Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 103. |
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position), and Select Committee on Intelligence. |
| 104. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 105. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 106. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 107. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 108. |
Individuals confirmed to positions within the Inter-American Development Bank (including the part-time governor and alternate governor) also serve in that same capacity for the Inter-American Investment Corporation (22 U.S.C. §283bb). |
| 109. |
Because several organizations under this committee have both full- and part-time advice and consent positions, they were listed under this heading for succinctness. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 110. |
The President can also designate an individual to fill this position from among officials serving in positions that were confirmed by the Senate. |
| 111. |
Ibid. |
| 112. |
The President can also designate an individual to fill this position from among officials serving in positions that were confirmed by the Senate. |
| 113. |
Ibid. |
| 114. |
Individuals confirmed to positions within the International Bank for Reconstruction and Development also serve in that same capacity for the International Finance Corporation (22 U.S.C. §282a) and the International Development Association (22 U.S.C. §284a). |
| 115. |
The President submits one nomination for the nominee to be confirmed as the governor for the International Bank for Reconstruction and Development, the Inter-American Development Bank, and the International Monetary Fund. |
| 116. |
The President submits one nomination for the nominee to be confirmed as the alternate governor for both the International Bank for Reconstruction and Development and the Inter-American Development Bank. |
| 117. |
The U.S. International Development Finance Corporation was established by P.L. 115-254 as part of a reorganization that superseded its predecessor entity, the Overseas Private Investment Corporation (OPIC). Nominations to OPIC's Board of Directors were designated as privileged under S.Res. 112. Nominations to the U.S. International Development Finance Corporation's Board of Directors (22 U.S.C. §9613) have not been designated as privileged by the Senate. |
| 118. |
In recent years, nominees to be Assistant Secretary of State for African Affairs were also nominated and confirmed to be members of the Board of Directors of the African Development Foundation. |
| 119. |
The President can also designate an individual to fill this position from among officials serving in positions that were confirmed by the Senate. |
| 120. |
Ibid. |
| 121. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 122. |
This chief financial officer (CFO) is one of the positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 123. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 124. |
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 125. |
For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position) and Committee on Veterans' Affairs. |
| 126. |
Nominations to this position are jointly referred to the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans' Affairs pursuant to unanimous consent agreement. See, for example, Sen. Mitch McConnell, "Joint Referral of Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 165 (February 14, 2009), p. S1374. |
| 127. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 128. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 129. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 130. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 131. |
The board does not have a statutory requirement that its membership be politically balanced. However, in historical practice, the board has not had more than three members from the same party at one time. |
| 132. |
The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280, §411; 120 Stat. 935). The act provides that "[t]he Committee on Finance of the Senate and the Committee on Health, Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated by the President to fill [this position], and if one committee votes to order and report such a nomination, the other shall report within 30 calendar days, or be automatically discharged" (P.L. 109-280, §411(c)(1); 120 Stat. 935). |
| 133. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 134. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 135. |
Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 136. |
For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Finance; and Committee on the Judiciary. |
| 137. |
For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. §113). |
| 138. |
Nominations to this position are referred sequentially to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement. See, for example, Sen. Mitch McConnell, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 163 (June 8, 2017), p. S3358. |
| 139. |
Nominations to this position are sequentially referred to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary pursuant to unanimous consent agreement. See, for example, Sen. Harry Reid, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 160 (November 13, 2014), p. S5996. The position of director for U.S. Immigration and Customs Enforcement is provided for in statute by P.L. 114-125, the Trade Facilitation and Trade Enforcement Act of 2015, as enacted on February 24, 2016 (6 U.S.C. §113(a)(1)(G)). However, no nomination has been submitted to the Senate under this title. Instead, all nominations to this position have been submitted "to be an Assistant Secretary of Homeland Security," the title of the position prior to its statutory name change in 2016. |
| 140. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 141. |
Title 28 U.S.C. §561(c) provides for the president to appoint a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia. The nomination for the U.S. Marshal for the Superior Court of the District of Columbia is under the jurisdiction of the Senate Committee on Homeland Security and Governmental Affairs whereas the nominations for all other marshals are under the jurisdiction of the Senate Committee on the Judiciary. |
| 142. |
The term of the Deputy Comptroller General expires upon the appointment of a new Comptroller General, or when a successor is appointed (31 U.S.C. §703(b)). No one has been nominated to this office for at least 25 years. |
| 143. |
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009, Congressional Record, vol. 155, part 1, p. 242. |
| 144. |
On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: "The Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a nomination, the other must report within 30 calendar days session, or be automatically discharged" (§101(e)). Nominations to the positions of Director and Deputy Director of the Office of Management and Budget have been jointly referred to the two committees since the 109th Congress. |
| 145. |
Ibid. |
| 146. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 147. |
Pursuant to P.L. 114-178, §303, the Secretary of the Interior may establish the position of Under Secretary for Indian Affairs, who shall be appointed by the President, with the advice and consent of the Senate. Furthermore, an individual confirmed to the position of Assistant Secretary for Indian Affairs may assume the position of Under Secretary with the approval of the Secretary of the Interior. As of publication of this report, no nomination has been made to the Under Secretary position. |
| 148. |
For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Health, Education, Labor, and Pensions. |
| 149. |
For other positions within the department, see also Committee on Energy and Natural Resources, Committee on Environment and Public Works, and Committee on Homeland Security and Governmental Affairs (for inspector general position). * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 150. |
Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S.Res. 400 of the 94th Congress (as amended by §506(d) of P.L. 109-177 [March 9, 2006]). The applicable portion of the provision reads, "With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." |
| 151. |
A prior nomination to this position was initially referred to the Committee on Foreign Relations. The Senate agreed, by unanimous consent, that the nomination for Assistant Secretary of State—Intelligence and Research be discharged from the Committee on Foreign Relations and that they be referred to the Committee on Intelligence. Sen. Mitch McConnell, "Referral of Discharged Nomination," remarks in the Senate, Congressional Record, vol. 152, part 8 (June 14, 2006), p. 11186. |
| 152. |
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009, Congressional Record, vol. 155, part 1, p. 242. |
| 153. |
The positions of Director and Inspector General for the National Reconnaissance Office became appointments requiring the advice and consent of the Senate on July 7, 2014 (P.L. 113-126, title IV, §§411-412; 128 Stat. 1409-1410). Nominations to these positions are referred sequentially to the Select Committee on Intelligence and the Committee on Armed Services, pursuant to Section 17(c) of S.Res. 400 of the 94th Congress (as amended by S.Res. 470 in the 113th Congress), depending on the nominee's status as a member of the Armed Forces on active duty. The applicable portion of the provision reads, "[W]ith respect to the confirmation of appointment to the position of [Director or Inspector General of the National Reconnaissance Office] the nomination of any individual by the President to serve in such position, who at the time of the nomination is not a member of the Armed Forces on active duty, shall be referred to the Select Committee and, if and when reported, to the Committee on Armed Services for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Committee on Armed Services shall have an additional 5 calendar days after the Senate reconvenes to report the nomination." Pursuant to the same standing order, if the nominee to any such position is, at the time of the nomination, a member of the Armed Forces on active duty, the order of committee referral described above is reversed. |
| 154. |
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009, Congressional Record, vol. 155, part 1, p. 242. |
| 155. |
The positions of Director and Inspector General for the National Security Agency became appointments requiring the advice and consent of the Senate on July 7, 2014 (P.L. 113-126, title IV, §§401-402; 128 Stat. 1407-1408). Nominations to these positions are referred sequentially to the Select Committee on Intelligence and the Committee on Armed Services, pursuant to Section 17(c) of S.Res. 400 of the 94th Congress (as amended by S.Res. 470 in the 113th Congress), depending on the nominee's status as a member of the Armed Forces on active duty. The applicable portion of the provision reads, "[W]ith respect to the confirmation of appointment to the position of [Director or Inspector General of the National Security Agency], the nomination of any individual by the President to serve in such position, who at the time of the nomination is not a member of the Armed Forces on active duty, shall be referred to the Select Committee and, if and when reported, to the Committee on Armed Services for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Committee on Armed Services shall have an additional 5 calendar days after the Senate reconvenes to report the nomination." Pursuant to the same standing order, if the nominee to any such position is, at the time of the nomination, a member of the Armed Forces on active duty, the order of committee referral described above is reversed. |
| 156. |
Nominations to this position are referred sequentially to the Select Committee on Intelligence and the Committee on Homeland Security and Governmental Affairs pursuant to unanimous consent agreement of January 7, 2009, Congressional Record, vol. 155, part 1, p. 242. |
| 157. |
See also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; Committee on Finance; and Committee on Homeland Security and Governmental Affairs. |
| 158. |
For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Finance; and Committee on Homeland Security and Governmental Affairs. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. §113). |
| 159. |
Nominations to this position are sequentially referred to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary pursuant to unanimous consent agreement. See, for example, Sen. Harry Reid, "Nomination Referral," remarks in the Senate, Congressional Record, daily edition, vol. 160 (November 13, 2014), p. S5996. Within DHS this position is known as Director—U.S. Immigration and Customs Enforcement. |
| 160. |
Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed chief financial officers for all of the major executive branch agencies (31 U.S.C. §901(a)(1)), this provision is superseded by 28 U.S.C. §507. The latter section provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice. See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 161. |
Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S.Res. 400 of the 94th Congress (as amended by §506(d) of P.L. 109-177 (March 9, 2006)). The applicable portion of the provision reads, "With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 162. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 163. |
Although the President may appoint separate U.S. attorneys and U.S. marshals for the District of Guam and the District of the Commonwealth of the Northern Mariana Islands (CNMI), this has never been done. One U.S. marshal and one U.S. attorney serve both Guam and the CNMI. See 48 U.S.C. §1821(b)(3-4). In addition, the U.S. marshal for the District of Columbia is under the jurisdiction of the Committee on Homeland Security and Governmental Affairs. |
| 164. |
See also Committee on Health, Education, Labor, and Pensions for one other position within the agency. |
| 165. |
Established under Section 1061 of the Intelligence and Terrorism Prevention Act of 2004 (5 U.S.C. §601 note), P.L. 108-458, 118 Stat. 3638. The board is composed of five members, with only the chairman serving full-time (42 U.S.C. §2000ee(h)(1)). |
| 166. |
The 677 district court judgeships consist of 663 permanent judgeships, 10 temporary judgeships, and 4 territorial court judgeships. In the districts with the 10 temporary judgeships, the seat lapses with the departure of a judge from that district at some particular time specified in statute unless Congress enacts legislation to extend the temporary judgeship or convert it to a permanent judgeship. |
| 167. |
The President may designate one sitting member to be the chairman. |
| 168. |
There are seven voting members appointed through the advice and consent process. The chair and three vice chairs are full-time positions per 28 U.S.C. §992. The other three positions are part-time positions as described in 28 U.S.C. §992(c). |
| 169. |
The commission is composed of three members, with only the chair serving full-time (22 U.S.C. §1622c(b)). |
| 170. |
The board is composed of five members, with only the chair serving full-time (42 U.S.C. §2000ee(h)(1)). |
| 171. |
Three commissioners serve part-time as described in 28 U.S.C. §992(c). The other four members of the commission are the chair and three vice chairs who serve full-time per 28 U.S.C. §992. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 172. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 173. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. |
| 174. |
For other positions in this department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position) and Committee on Health, Education, Labor, and Pensions. |
| 175. |
Nominations to this position are referred jointly to the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans' Affairs pursuant to unanimous consent agreements. See, for example, Sen. Mitch McConnell, "Joint Referral of Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 165 (February 14, 2019), p. S1374. |
| 176. |
See also Committee on Homeland Security and Governmental Affairs (for inspector general position). |
| 177. |
This chief financial officer (CFO) is one of the CFO positions covered by the Chief Financial Officers Act of 1990 (P.L. 101-576), as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)). |
| 178. |
Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then to the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 6. * Nomination covered by S.Res. 116 with privileged status under a standing order of the Senate. See "Standing Order on "Privileged" Nominations" for further explanation. |
| 179. |
The Court of Appeals for Veterans Claims is "composed of at least three and not more than seven judges" (38 U.S.C. §7253(a)). |
Document ID: RL30959