For other versions of this document, see http://wikileaks.org/wiki/CRS-RL30959 ------------------------------------------------------------------------------ Order Code RL30959 Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations Updated March 18, 2008 Henry B. Hogue Analyst in American National Government Government and Finance Division Maureen Bearden Information Research Specialist Knowledge Services Group Terrence L. Lisbeth Reference Assistant Knowledge Services Group Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations Summary As part of the process of making an appointment to an advice and consent position, the President usually submits a nomination to the Senate. The Senate's executive clerk refers the nomination to the appropriate committee or committees on the day it is received. When making a referral, the executive clerk is guided by Senate Rule XXV, which establishes the subject matter under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. The executive clerk is also guided by precedents set by prior referrals and by standing orders and unanimous consent (UC) agreements pertaining to referral of nominations. Most nominations are referred to one committee. For some positions, a nomination or series of nominations to a position are referred to more than one committee, pursuant to a standing order, a UC agreement, or a statutory provision. A nomination may be jointly or sequentially referred to multiple committees. Joint referral has generally occurred when more than one committee has had a claim to jurisdiction over the subject matter related to the position. Under joint referral, the committees receive the nomination simultaneously and may consider it concurrently. All committees to which a nomination is referred must report it to the full Senate or be discharged from its further consideration before it may be considered on the floor. Sequential referral has generally occurred when one committee has had predominant jurisdiction over the subject matter related to the position, but other committees have had a claim as well. Under this process, a nomination is referred to the committee with predominant jurisdiction first and is then sequentially referred to additional committees. Consideration of subsequent referrals can be subject to a time limit after which the committee or committees without primary jurisdiction are automatically discharged from further consideration of the nomination. This report identifies, by Senate committee, presidentially appointed positions requiring Senate confirmation based on referrals as of October 31, 2007. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, the organizations and titles are noted under each of the committees to which the nominations were referred. The lists also include the lengths of fixed terms, where applicable. Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain political balance in some way. This is noted in parentheses where applicable. The information provided in this report was compiled from the Senate nominations database of the Legislative Information System, data provided on departmental and agency websites, telephone conversations with agency officials, and the United States Code. Related information may be found in CRS Report 98-242, Committee Jurisdiction and Referral in the Senate, by Judy Schneider; and CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Senate Committee on Agriculture, Nutrition, and Forestry . . . . . . . . . . . . . . . . . . 5 Senate Committee on Armed Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Senate Committee on Banking, Housing, and Urban Affairs . . . . . . . . . . . . . . . 10 Senate Committee on the Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Senate Committee on Commerce, Science, and Transportation . . . . . . . . . . . . . 15 Senate Committee on Energy and Natural Resources . . . . . . . . . . . . . . . . . . . . . 19 Senate Committee on Environment and Public Works . . . . . . . . . . . . . . . . . . . . 21 Senate Committee on Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Senate Committee on Foreign Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Senate Committee on Health, Education, Labor, and Pensions . . . . . . . . . . . . . . 33 Senate Committee on Homeland Security and Governmental Affairs . . . . . . . . 38 Senate Committee on Indian Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Senate Select Committee on Intelligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Senate Committee on the Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Senate Committee on Rules and Administration . . . . . . . . . . . . . . . . . . . . . . . . . 48 Senate Committee on Small Business and Entrepreneurship . . . . . . . . . . . . . . . 49 Senate Committee on Veterans' Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling the Nominations Introduction1 Under the Constitution, the President and the Senate share the power to appoint the principal officers of the United States. Almost all of the highest-level political appointee positions in the federal government are filled by these officers.2 Three distinct stages mark the appointment process -- selection and nomination by the President, consideration of the nomination by the Senate, and, if the nominee is confirmed, official appointment by the President.3 During the confirmation process in the Senate, a nomination is first referred to one or more committees. Then, if the committee or committees report the nomination to the full Senate, or are discharged from further consideration of the nomination, it is placed on the Senate's Executive Calendar and may be called up for floor consideration.4 The following pages briefly describe the referral process and identify, for each committee to which referrals have been made, the positions that have fallen within the committee's jurisdiction. Referral of Nominations to Senate Committees5 As part of the process of making an appointment to an advice and consent position, the President usually submits a nomination to the Senate. The Senate's executive clerk refers the nomination to the appropriate committee or committees on the day it is received. When making a referral, the executive clerk is guided by Senate Rule XXV, which establishes the subject matters under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. The executive clerk is also guided by precedents set by prior referrals and by standing orders and unanimous consent (UC) agreements pertaining to referral of nominations. 1 Michael Kerwin, a former CRS research assistant, also contributed to this report. 2 Positions in the White House Office to which the President makes appointments without the need for Senate confirmation are important exceptions. 3 In the final, official appointment stage, a confirmed nominee is given a commission signed by the President, with the seal of the United States affixed thereto, and is sworn into office. 4 For more information on the Senate confirmation process, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki. 5 For more information on Senate committee referrals generally, see CRS Report 98-242, Committee Jurisdiction and Referral in the Senate, by Judy Schneider. CRS-2 Most nominations are sent to a single committee. Occasionally, the Senate has agreed, by unanimous consent, by standing order, or by statute, to refer one or more nominations to more than one committee. Some UC agreements provided for such a multiple referral only in the case of a specific nomination, while other UC agreements applied to all future nominations to a particular position. Nominations that are referred to more than one committee may be referred jointly or sequentially. If a nomination is referred jointly, the committees receive it simultaneously and may consider it concurrently. All committees to which a nomination is referred must report it to the full Senate or be discharged from its further consideration before it may be considered on the floor. In the case of a sequential referral, the nomination is referred first to the committee of predominant jurisdiction and referred sequentially to other committees as specified by the UC agreement or standing order. UC agreements for sequential referral can stipulate that the nomination must be reported out of the second committee within a specified period of time (usually 20 days), or else that committee will be automatically discharged from further consideration of the nomination. Joint referral of a nomination has usually occurred when more than one committee appear to have had relatively equal jurisdictional claims. Since at least the beginning of the 109th Congress, nominations to eight positions -- two each in the Department of Commerce and the Office of Management and Budget, and one each in the Department of Energy, Department of the Interior, Department of Labor, and Pension Benefit Guaranty Corporation -- have been referred jointly to two committees.6 Sequential referral has been more likely when jurisdictional predominance appeared to favor one committee, but other committees also have had some jurisdictional claim on the nomination. In those instances, the nomination has usually been referred to the committee with predominant jurisdiction, and, after being reported to the full Senate by that committee, it has been referred sequentially to other committees. Since at least the beginning of the 109th Congress, the Senate has agreed, by unanimous consent, to refer sequentially nominations to most inspector general (IG) positions,7 as well as four other positions -- one in the Department of 6 The positions are Under Secretary of Commerce for International Trade; Assistant Secretary of Commerce for Trade Promotion/Director General of the U.S. and Foreign Commercial Service; Director of the Office of Management and Budget; Deputy Director of the Office of Management and Budget; Assistant Secretary of Energy for Environmental Management; Assistant Secretary of the Interior for Fish, Wildlife, and Parks; Assistant Secretary of Labor for Veterans' Employment and Training Service; and Director of the Pension Benefit Guaranty Corporation. 7 On January 9, 2007, the Senate agreed, by unanimous consent, "that nominations to the Office of Inspector General, except the Office of Inspector General of the Central Intelligence Agency, be referred in each case to the committee having primary jurisdiction over the department, agency or entity, and if and when reported in each case, then to the Committee on Homeland Security and Governmental Affairs for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the committee shall have an additional 5 calendar days after the Senate reconvenes to report the (continued...) CRS-3 Defense, one in the Department of Justice, and two in the Department of Homeland Security.8 In a small number of cases, nominations have been referred to more than one committee on an ad hoc basis by unanimous consent. A 2004 nomination for Under Secretary of the Treasury for Enforcement, for example, was first referred to the Committee on Finance. After the committee had reported the nomination, it was referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee on Finance, pursuant to a UC agreement.9 A 2006 nomination to be Assistant Secretary of State for Intelligence and Research was initially referred to the Committee on Foreign Relations. Two days after this referral, the committee was discharged from further consideration of the nomination, and the nomination was referred to the Select Committee on Intelligence by unanimous consent.10 Also in 2006, a nomination to the position of Federal Coordinator for Alaska Natural Gas Transportation Projects was initially referred to the Committee on Commerce, Science, and Transportation. Two weeks later, the Senate agreed, by unanimous consent, to discharge this committee from further consideration of the nomination, and to then refer the nomination to the Committee on Energy and Natural Resources.11 In some instances, different committees have exercised jurisdiction over different positions within the same department or agency. (For details, see the committee presentations that follow.) For example, six committees have jurisdiction over positions in the Department of Commerce, and four committees have jurisdiction over positions in the Department of the Interior. Usually, however, one committee has jurisdiction over most positions in a department or agency. 7 (...continued) nomination and that if the nomination is not reported after the expiration of that period, the nomination be automatically discharged and placed on the executive calendar." Sen. Harry Reid, "Executive Nominations," remarks in the Senate, Congressional Record, daily edition, vol. 153, January 9, 2007, p. S310. 8 These sequentially referred nominations include those to be the Assistant Secretary of the Army for Civil Works, which was referred to the Committee on Armed Services and the Committee on Environment and Public Works; the Assistant Attorney General for the National Security Division, which was referred to Committee on the Judiciary and the Select Committee on Intelligence; the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement, which was referred, in two cases, to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary; and the Assistant Secretary of Homeland Security for the Transportation Security Administration, which was referred to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs. 9 Sen. Bill Frist, "Referral of Nominations," remarks in the Senate, Congressional Record, daily edition, vol. 150, July 8, 2004, p. S7864. 10 Sen. Mitch McConnell, "Referral of Discharged Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898. 11 Sen. Mitch McConnell, "Discharge and Referral," remarks in the Senate, Congressional Record, daily edition, vol. 152, June 29, 2006, p. S7176. CRS-4 The appointment provisions for certain executive branch chief financial officers (CFOs) are unusual. The Chief Financial Officers Act of 1990, as amended, covers CFOs in 24 specified departments and agencies. Of these, 16 positions may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions.12 These CFO positions are identified under the appropriate committees in this report. Organization of the Report This report identifies, for each Senate committee to which nominations have been referred during recent Congresses, the positions over which the committee has exercised jurisdiction. The lists are based on referrals through October 31, 2007. For each committee list, positions are categorized as full- or part-time and then grouped by department or agency. Where nominations have been referred to more than one committee, the organizations and titles are noted under each of the committees to which the nominations were referred. A footnote indicates the authority under which the referral to multiple committees was made. Policy areas are not specified in statute for some of the sub-secretary positions. The policy areas shown in the listings for such positions are drawn from the text of presidential nomination messages and information from agency officials. In these cases, titles, specific responsibilities, and referral patterns may change over time. Most appointments to departments and single-headed agencies are characterized by an indefinite tenure; office holders serve at the pleasure of the President. In contrast, terms of office for appointments to multi-member entities, such as commissions and boards, are often for fixed periods of time. For those positions that have fixed terms of office, the lists include the lengths of the terms. Some commissions, councils, and other multi-member entities are required, by their enabling statutes, to maintain political balance in some way. This is noted in parentheses where applicable. The information provided in this report was compiled from the Senate nominations database of the Legislative Information System,13 which spans the 97th Congress to the present; data provided on departmental and agency websites; telephone conversations with agency officials; and the United States Code. 12 31 U.S.C. § 901(a)(1). For more information, see CRS Report RL31965, Financial Management in the Federal Government: Efforts to Improve Performance, by Virginia A. McMurtry; and CRS Report RL32550, Homeland Security Financial Accountability Act: History and Recent Developments, by Virginia A. McMurtry. 13 This database, which is accessible to Congress, is available at [http://www.congress.gov/ nomis/]. A similar, publicly available database is available at [http://thomas.loc.gov/home/ nomis.html]. CRS-5 Senate Committee on Agriculture, Nutrition, and Forestry Full-Time Positions Department of Agriculture14 Secretary Deputy Secretary Under Secretary -- Farm and Foreign Agricultural Services Under Secretary -- Food, Nutrition, and Consumer Services Under Secretary -- Food Safety Under Secretary -- Marketing and Regulatory Programs Under Secretary -- Natural Resources and Environment Under Secretary -- Research, Education, and Economics Under Secretary -- Rural Development Administrator -- Rural Utilities Services Assistant Secretary -- Administration Assistant Secretary -- Civil Rights Assistant Secretary -- Congressional Relations Chief Financial Officer15 General Counsel Inspector General16 Director -- Commodity Credit Corporation (seven positions -- In addition, the Secretary of Agriculture is an ex-officio director and chair of the board.) Commodity Futures Trading Commission (political balance required) Commissioner -- five positions (five-year terms of office -- Chair, who must first be confirmed as a commissioner, also needs to be confirmed.) Farm Credit Administration (political balance required) Member -- three positions (six-year terms of office) 14 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position). 15 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 16 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-6 Senate Committee on Agriculture, Nutrition, and Forestry (cont.) Part-Time Positions Federal Agricultural Mortgage Corporation (Farmer Mac), Board of Directors Member -- five (of 15 total) positions (indefinite terms of office; political balance required) CRS-7 Senate Committee on Armed Services Full-Time Positions Department of Defense17 Office of the Secretary Secretary Deputy Secretary Under Secretary -- Acquisition, Technology, and Logistics Under Secretary -- Comptroller and Chief Financial Officer18 Under Secretary -- Intelligence Under Secretary -- Personnel and Readiness Under Secretary -- Policy Deputy Under Secretary -- Logistics and Materiel Readiness Deputy Under Secretary -- Acquisition and Technology Principal Deputy Under Secretary -- Personnel and Readiness Principal Deputy Under Secretary -- Policy Assistant Secretary -- Asian and Pacific Security Affairs Assistant Secretary -- Global Security Affairs Assistant Secretary -- Health Affairs Assistant Secretary -- Homeland Defense Assistant Secretary -- International Security Affairs Assistant Secretary -- Legislative Affairs Assistant Secretary -- Networks and Information Integration/Chief Information Officer Assistant Secretary -- Public Affairs Assistant Secretary -- Reserve Affairs Assistant Secretary -- Special Operations and Low-Intensity Conflicts Assistant to the Secretary -- Nuclear and Chemical and Biological Defense Programs Director -- Defense Research and Engineering Director -- Operational Test and Evaluation General Counsel Inspector General19 17 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 18 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 19 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-8 Senate Committee on Armed Services (cont.) Department of Defense (cont.) Military Officers (commissions and promotions) Department of the Air Force Secretary Under Secretary Assistant Secretary -- Acquisition Assistant Secretary -- Financial Management and Comptroller Assistant Secretary -- Manpower and Reserve Affairs Assistant Secretary -- Installations, Environment, and Logistics General Counsel Department of the Army Secretary Under Secretary Assistant Secretary -- Acquisition, Logistics, and Technology Assistant Secretary -- Civil Works20 Assistant Secretary -- Financial Management and Comptroller Assistant Secretary -- Installations and Environment Assistant Secretary -- Manpower and Reserve Affairs General Counsel Department of the Navy Secretary Under Secretary Assistant Secretary -- Financial Management and Comptroller Assistant Secretary -- Installations and Environment Assistant Secretary -- Manpower and Reserve Affairs Assistant Secretary -- Research, Development, and Acquisition General Counsel 20 As of October 31, 2007, the most recent nomination to this position had been referred sequentially to the Committee on Armed Services and the Committee on Environment and Public Works. On March 10, 2005, the Senate agreed, by unanimous consent, that "when the nomination for the Assistant Secretary for Civil Works is received by the Senate, it be referred to the Committee on Armed Services; provided that when the Committee on Armed Services reports the nomination it be referred to the Committee on Environment and Public Works for a period of 20 days of session; provided further that if the Committee on Environment and Public Works does not report the nomination within those 20 days, the committee be discharged from further consideration of the nomination and the nomination be placed on the Calendar." Sen. Mitch McConnell, "Unanimous Consent Agreement -- Executive Calendar," remarks in the Senate, Congressional Record, daily edition, vol. 151, March 10, 2005, p. S2499. CRS-9 Senate Committee on Armed Services (cont.) Department of Defense (cont.) Joint Chiefs of Staff Chair (two-year term of office) Vice Chair (two-year term of office) Chief of Staff (Air Force) (four-year term of office) Chief of Staff (Army) (four-year term of office) Chief of Naval Operations (four-year term of office) Commandant of the Marine Corps (four-year term of office) Department of Energy21 Under Secretary -- Nuclear Security/Administrator -- National Nuclear Security Administration (NNSA) Principal Deputy Administrator -- NNSA Deputy Administrator -- Defense Programs -- NNSA Deputy Administrator -- Defense Nuclear Nonproliferation -- NNSA Assistant Secretary -- Environmental Management22 Defense Nuclear Facilities Safety Board (political balance required) Member -- five positions (five-year terms of office) Selective Service System Director U.S. Court of Appeals for the Armed Services (political balance required) Judge -- five positions (15-year terms of office) Part-Time Positions National Security Education Board Member -- six (of 13 total) positions (terms of office not to exceed four years) Uniformed Services University of the Health Sciences, Board of Regents Member -- nine positions (six-year terms of office) 21 For other positions within the department, see also Committee on Energy and Natural Resources and Committee on Homeland Security and Governmental Affairs (for inspector general position). 22 Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, "Joint Referral of Department of Energy Nomination," remarks in the Senate, Congressional Record, vol. 136, June 28, 1990, pp. 16573-16574. CRS-10 Senate Committee on Banking, Housing, and Urban Affairs Full-Time Positions Department of Commerce23 Under Secretary -- Export Administration24 Under Secretary -- International Trade25 Assistant Secretary -- Export Administration Assistant Secretary -- Export Enforcement Assistant Secretary -- Trade Promotion/ Director General -- U.S. and Foreign Commercial Service26 Department of Housing and Urban Development27 Secretary Deputy Secretary Assistant Secretary -- Administration Assistant Secretary -- Community Planning and Development Assistant Secretary -- Congressional and Intergovernmental Relations Assistant Secretary -- Fair Housing and Equal Opportunity Assistant Secretary -- Housing/Federal Housing Commissioner Assistant Secretary -- Policy Development and Research Assistant Secretary -- Public Affairs Assistant Secretary -- Public and Indian Housing Chief Financial Officer28 23 For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. 24 In the Department of Commerce, this position is known as Under Secretary for Industry and Security. 25 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance pursuant to a unanimous consent agreement of September 20, 2007. Sen. John Kerry, "Joint Referral," remarks in the Senate, Congressional Record, daily edition, vol. 153, September 20, 2007, p. S11914. 26 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May 26, 2005. Sen. Bill Frist, "Joint Referral," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 26, 2005, p. S6061. 27 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 28 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President (continued...) CRS-11 Senate Committee on Banking, Housing, and Urban Affairs (cont.) Department of Housing and Urban Development (cont.) Director -- Office of Federal Housing Enterprise Oversight (five-year term) General Counsel Inspector General29 President -- Government National Mortgage Association (Ginnie Mae) Department of Transportation30 Administrator -- Federal Transit Administration Department of the Treasury31 Under Secretary -- Terrorism and Financial Intelligence32 Assistant Secretary -- Financial Institutions Assistant Secretary -- Terrorist Financing Comptroller of the Currency (five-year term of office) Director of the Mint (five-year term of office) Director -- Office of Thrift Supervision (five-year term of office) 28 (...continued) from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 29 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 30 For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for inspector general position). 31 For other positions within the department, see also Committee on Finance and Committee on Homeland Security and Governmental Affairs (for inspector general position). 32 On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement. The nomination was referred to the Committee on Finance, which reported it on May 20. Pursuant to a unanimous consent agreement of July 8, the nomination was referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee on Finance (Sen. Bill Frist, "Referral of Nominations," remarks in the Senate, Congressional Record, daily edition, vol. 150, July 8, 2004, p. S7864). The unanimous consent agreement stated that the agreement was to be specific to the nominations then at hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on July 20, and the Committee on Finance was discharged from further consideration pursuant to the July 8 agreement. The Senate confirmed the Levey nomination on July 21. The position of Under Secretary for Terrorism and Financial Crimes (or Under Secretary for Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was established by P.L. 108-447, Div. H, Title II, § 222 (118 Stat. 3242) as a successor office to the Under Secretary for Enforcement, and Levey continued to serve in the new position. CRS-12 Senate Committee on Banking, Housing, and Urban Affairs (cont.) Community Development Financial Institution Fund33 Administrator Council of Economic Advisers (Executive Office of the President) Member -- three positions Export-Import Bank34 (political balance required) Member -- five positions (four-year terms of office -- Chair, who first must be confirmed as a member, also needs to be confirmed.) Inspector General35 Federal Deposit Insurance Corporation36 (political balance required) Member -- three positions (six-year terms of office -- Chair and vice chair, who first must be confirmed as members, also need to be confirmed.) Inspector General37 Federal Housing Finance Board (political balance required) Member -- four positions (seven-year terms of office) Federal Reserve System, Board of Governors Governor -- seven positions (14-year terms of office -- Chair and vice chair, who first must be confirmed as governors, also need to be confirmed for four-year terms in those offices.) 33 The Community Development Financial Institution (CDFI) Fund, headed by an administrator appointed by the President with the advice and consent of the Senate, was created by P.L. 103-325, codified at 12 U.S.C. § 4703. Subsequently, P.L. 104-19, providing funding for the Department of the Treasury for FY1996, stated that "none of the funds shall be available for expenses of an Administrator ... [t]hat the number of staff funded under this heading shall not exceed 10 full-time equivalents ... [and] that notwithstanding any other provision of law ... the Secretary of the Treasury shall have all powers and rights of the Administrator of the CDFI Act and the Fund shall be within the Department of the Treasury." That provision was included in several subsequent appropriations acts. See 12 U.S.C. § 4703 note. At present, the CDFI is located in the Department of the Treasury and is led by a director appointed by the Secretary of the Treasury. 34 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 35 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 36 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 37 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-13 Senate Committee on Banking, Housing, and Urban Affairs (cont.) National Credit Union Administration (political balance required) Member -- three positions (six-year terms of office) Securities and Exchange Commission (political balance required) Commissioner -- five positions (five-year terms of office) Part-Time Positions National Consumer Cooperative Bank, Board of Directors Member -- three (of 15 total) positions (three-year terms of office) National Institute of Building Sciences, Board of Directors Member -- 15 to 21 positions (three-year terms of office) Securities Investor Protection Corporation, Board of Directors Director -- five (of seven total) positions (three-year terms of office) CRS-14 Senate Committee on the Budget Full-Time Positions Office of Management and Budget (Executive Office of the President)38 Director39 Deputy Director40 38 For other positions within the Office of Management and Budget, see also Committee on Homeland Security and Governmental Affairs. 39 On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: "The Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a nomination, the other must report within 30 calendar days session, or be automatically discharged" (§101(e)). Nominations to the positions of Director and Deputy Director of the Office of Management and Budget were jointly referred to the two committees during the 109th and 110th Congresses. 40 Ibid. CRS-15 Senate Committee on Commerce, Science, and Transportation Full-Time Positions Department of Commerce41 Secretary Deputy Secretary Under Secretary -- Economic Affairs Under Secretary -- Oceans and Atmosphere/Administrator -- National Oceanic and Atmospheric Administration Under Secretary -- Technology Assistant Secretary -- Administration/Chief Financial Officer42 Assistant Secretary -- Communications and Information Assistant Secretary -- Legislative and Intergovernmental Affairs Assistant Secretary -- Manufacturing and Services Assistant Secretary -- Oceans and Atmosphere/Deputy Administrator -- National Oceanic and Atmospheric Administration Assistant Secretary -- Technology Policy Assistant Secretary -- Trade Promotion/Director General -- U.S. and Foreign Commercial Service43 Chief Scientist -- National Oceanic and Atmospheric Administration Director -- National Institute of Standards and Technology General Counsel Inspector General44 Officer Corps -- National Oceanic and Atmospheric Administration 41 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. 42 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 43 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation pursuant to a unanimous consent agreement of May 26, 2005. Sen. Bill Frist, "Joint Referral," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 26, 2005, p. S6061. 44 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-16 Senate Committee on Commerce, Science, and Transportation (cont.) Department of Homeland Security45 Under Secretary -- Science and Technology Assistant Secretary/Administrator -- Transportation Security Administration46 Commandant -- United States Coast Guard Officers (commissions and promotions) -- United States Coast Guard Officers Department of Transportation47 Secretary Deputy Secretary Under Secretary -- Policy Assistant Secretary -- Aviation and International Affairs Assistant Secretary -- Budget and Programs and Chief Financial Officer48 Assistant Secretary -- Governmental Affairs Assistant Secretary -- Transportation Policy Administrator -- Federal Aviation Administration (five-year term of office) Administrator -- Federal Motor Carrier Safety Administration Administrator -- Federal Railroad Administration Administrator -- Maritime Administration 45 For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs, and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had never been filled. Of the advice and consent positions established by the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal Emergency Management Agency -- the administrator and two of a maximum of four deputy administrators -- had not, as of October 31, 2007, been the subject of nomination and referral. 46 As of October 31, 2007, the most recent nomination to this position had been referred sequentially to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs. On May 19, 2005, the Senate agreed, by unanimous consent, "that the nomination of Edmund S. Hawley, of California, to be Assistant Secretary of Homeland Security be referred to the Committee on Commerce, Science and Transportation, and that, further, upon the reporting out or discharge of the nomination, the nomination be referred to the Committee on Homeland Security and Governmental Affairs for a period not to exceed 30 days, after which the nomination, if still in committee, will be discharged and placed on the Executive Calendar." Sen. George Allen, "Referral and Discharge -- Nomination of Edmund S. Hawley," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 19, 2005, p. S5547. 47 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; and Committee on Homeland Security and Governmental Affairs (for inspector general position). 48 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). CRS-17 Senate Committee on Commerce, Science, and Transportation (cont.) Department of Transportation (cont.) Administrator -- National Highway Traffic Safety Administration Administrator -- Pipeline and Hazardous Materials Safety Administration Administrator -- Research and Innovative Technology Administration Administrator -- St. Lawrence Seaway Development Corporation (seven-year term of office) Deputy Administrator -- Federal Aviation Administration General Counsel Inspector General49 Consumer Product Safety Commission (political balance required) Commissioner -- five positions (seven-year terms of office -- Only three of the positions have been funded and filled since the mid-1980s; chair, who first must be confirmed as a member, also needs to be confirmed.) Federal Communications Commission (political balance required) Commissioner -- five positions (five-year terms of office) Federal Maritime Commission (political balance required) Commissioner -- five positions (five-year terms of office) Federal Trade Commission (political balance required) Commissioner -- five positions (seven-year terms of office) National Aeronautics and Space Administration50 Administrator Deputy Administrator Chief Financial Officer Inspector General51 National Transportation Safety Board (political balance required) Member -- five positions (five-year terms of office -- Chair, who first must be confirmed as a member, also needs to be confirmed.) 49 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 50 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 51 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-18 Senate Committee on Commerce, Science, and Transportation (cont.) Office of Science and Technology Policy (Executive Office of the President) Director Associate Director -- Science Associate Director -- Technology Associate Director Associate Director Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects Federal Coordinator 52 Surface Transportation Board (political balance required) Member -- three positions (five-year terms of office) Part-Time Positions Corporation for Public Broadcasting Board of Directors (political balance required) Member -- nine positions (six-year terms of office) Metropolitan Washington Airport Authority Board of Directors Member -- three positions (six-year terms of office; political balance required) Reform Board (AMTRAK) Member -- seven positions (five-year terms of office) Saint Lawrence Seaway Development Corporation Advisory Board (political balance required) Member -- five positions (indefinite terms of office) 52 A June 12, 2006, nomination to this position was initially referred to the Committee on Commerce, Science, and Transportation. On June 29, 2006, the Senate agreed, by unanimous consent, that "the nomination of Drue Pearce to be the Federal Coordinator for Alaska Natural Gas Transportation Projects be discharged from the Committee on Commerce, Science, and Transportation and be referred to the Committee on Energy and Natural Resources." Sen. Mitch McConnell, "Discharge and Referral," remarks in the Senate, Congressional Record, daily edition, vol. 152, June 29, 2006, p. S7176. The term of the Federal Coordinator is "to last until 1 year following the completion of the project referred to in section 103" of the Alaska Natural Gas Pipeline Act (15 U.S.C. Sec. 720d(b)(1)). Section 103 discusses "an Alaska natural gas transportation project other than the Alaska natural gas transportation system" (15 U.S.C. 720a(a)). CRS-19 Senate Committee on Energy and Natural Resources Full-Time Positions Department of Energy53 Secretary Deputy Secretary Under Secretary Under Secretary -- Science Administrator -- Energy Information Administration Assistant Secretary -- Congressional and Intergovernmental Affairs Assistant Secretary -- Electricity Delivery and Energy Reliability Assistant Secretary -- Energy Efficiency and Renewable Energy Assistant Secretary -- Environmental Management54 Assistant Secretary -- Fossil Energy Assistant Secretary -- International Affairs and Domestic Policy Assistant Secretary -- Nuclear Energy Chief Financial Officer55 Director -- Office of Civilian Radioactive Waste Management Director -- Office of Economic Impact and Diversity Director -- Office of Science General Counsel Inspector General56 53 For other positions within the department, see also Committee on Armed Services and Committee on Homeland Security and Governmental Affairs (for inspector general position). 54 Nominations to this position are referred jointly to the Committee on Armed Services and the Committee on Energy and Natural Resources pursuant to a standing order entered into by the Senate by unanimous consent on June 28, 1990. Sen. George Mitchell, "Joint Referral of Department of Energy Nomination," remarks in the Senate, Congressional Record, vol. 136, June 28, 1990, pp. 16573-16574. 55 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 56 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-20 Senate Committee on Energy and Natural Resources (cont.) Department of the Interior57 Secretary Deputy Secretary Assistant Secretary -- Fish, Wildlife and Parks58 Assistant Secretary -- Land and Minerals Management Assistant Secretary -- Policy, Management, and Budget and Chief Financial Officer59 Assistant Secretary -- Water and Science Commissioner -- Bureau of Reclamation Director -- Bureau of Land Management Director -- National Park Service Director -- Office of Surface Mining Reclamation and Enforcement Director -- U.S. Geological Survey Inspector General60 Solicitor Federal Energy Regulatory Commission (political balance required) Commissioner -- five positions (five-year terms of office) Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects Federal Coordinator61 57 For other positions within the department, see also Committee on Environment and Public Works, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. 58 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works pursuant to a unanimous consent agreement of April 26, 2007. Sen. Harry Reid, "Joint Referral of Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 153, April 26, 2007, p. S5255. 59 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 60 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 61 A June 12, 2006, nomination to this position was initially referred to the Committee on Commerce, Science, and Transportation. On June 29, 2006, the Senate agreed, by unanimous consent, that "the nomination of Drue Pearce to be the Federal Coordinator for Alaska Natural Gas Transportation Projects be discharged from the Committee on Commerce, Science, and Transportation and be referred to the Committee on Energy and Natural Resources." Sen. Mitch McConnell, "Discharge and Referral," remarks in the (continued...) CRS-21 Senate Committee on Environment and Public Works Full-Time Positions Department of Commerce62 Assistant Secretary -- Economic Development Department of Defense63 Assistant Secretary -- Army -- Civil Works64 Department of the Interior65 Assistant Secretary -- Fish, Wildlife and Parks66 Director -- U.S. Fish and Wildlife Service 61 (...continued) Senate, Congressional Record, daily edition, vol. 152, June 29, 2006, p. S7176. The term of the Federal Coordinator is "to last until 1 year following the completion of the project referred to in section 103" of the Alaska Natural Gas Pipeline Act (15 U.S.C. Sec. 720d(b)(1)). Section 103 discusses "an Alaska natural gas transportation project other than the Alaska natural gas transportation system" (15 U.S.C. 720a(a)). 62 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Finance; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. 63 For other positions within the department, see also Committee on Armed Services and Committee on Homeland Security and Governmental Affairs (for inspector general position). 64 As of October 31, 2007, the most recent nomination to this position had been referred sequentially to the Committee on Armed Services and the Committee on Environment and Public Works. On March 10, 2005, the Senate agreed, by unanimous consent, that "when the nomination for the Assistant Secretary for Civil Works is received by the Senate, it be referred to the Committee on Armed Services; provided that when the Committee on Armed Services reports the nomination it be referred to the Committee on Environment and Public Works for a period of 20 days of session; provided further that if the Committee on Environment and Public Works does not report the nomination within those 20 days, the committee be discharged from further consideration of the nomination and the nomination be placed on the Calendar." Sen. Mitch McConnell, "Unanimous Consent Agreement -- Executive Calendar," remarks in the Senate, Congressional Record, daily edition, vol. 151, March 10, 2005, p. S2499. 65 For other positions within the department, see also Committee on Energy and Natural Resources, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. 66 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works pursuant to a unanimous consent agreement of April 26, 2007. Sen. Harry Reid, "Joint Referral of Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 153, April 26, 2007, p. S5255. CRS-22 Senate Committee on Environment and Public Works (cont.) Department of Transportation67 Administrator -- Federal Highway Administration Appalachian Regional Commission Federal Cochair Alternate Federal Cochair Chemical Safety and Hazard Investigation Board Member -- five positions (five-year terms of office -- Chair, who first must be confirmed as a member, also needs to be confirmed.) Council on Environmental Quality (Executive Office of the President) Chair Delta Regional Authority Federal Cochair Environmental Protection Agency68 Administrator Deputy Administrator Assistant Administrator -- Administration and Resources Management Assistant Administrator -- Air and Radiation Assistant Administrator -- Enforcement and Compliance Assurance Assistant Administrator -- Environmental Information Assistant Administrator -- International Affairs Assistant Administrator -- Prevention, Pesticides, and Toxic Substances Assistant Administrator -- Research and Development Assistant Administrator -- Solid Waste and Emergency Response Assistant Administrator -- Water Assistant Administrator Chief Financial Officer69 General Counsel Inspector General70 67 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Homeland Security and Governmental Affairs (for inspector general position); and Committee on Commerce, Science, and Transportation. 68 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 69 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 70 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the (continued...) CRS-23 Senate Committee on Environment and Public Works (cont.) Nuclear Regulatory Commission71 (political balance required) Commissioner -- five positions (five-year terms of office) Inspector General72 Tennessee Valley Authority, Board of Directors73 Member -- nine positions (five-year terms of office) Inspector General74 Part-Time Positions Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation, Board of Trustees (political balance required) Member -- nine positions (six-year terms of office) Mississippi River Commission Commissioner -- four positions (indefinite terms of office) Commissioner -- three positions (nine-year terms of office) 70 (...continued) Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 71 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 72 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 73 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 74 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-24 Senate Committee on Finance Full-Time Positions Department of Commerce75 Under Secretary -- International Trade76 Assistant Secretary -- Import Administration Assistant Secretary -- Market Access and Compliance Department of Health and Human Services77 Secretary Deputy Secretary Administrator -- Centers for Medicare and Medicaid Services Assistant Secretary -- Resources and Technology/Chief Financial Officer78 Assistant Secretary -- Children and Families Assistant Secretary -- Legislation Assistant Secretary -- Planning and Evaluation Assistant Secretary -- Public Affairs Commissioner -- Children, Youth, and Families General Counsel Inspector General79 75 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. 76 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance pursuant to a unanimous consent agreement of September 29, 2005. Sen. Bill Frist, "Joint Referral of Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 151, September 29, 2005, p. S10771. 77 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position); Committee on Health, Education, Labor, and Pensions; and Committee on Indian Affairs. 78 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 79 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-25 Senate Committee on Finance (cont.) Department of Homeland Security80 Commissioner -- U.S. Customs and Border Protection Department of the Treasury81 Secretary Deputy Secretary Under Secretary -- Domestic Finance Under Secretary -- International Affairs Under Secretary -- Terrorism and Financial Intelligence82 Assistant Secretary -- Economic Policy Assistant Secretary -- Financial Markets Assistant Secretary (Deputy Under Secretary) -- International Affairs83 80 For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had never been filled. Of the advice and consent positions established by the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal Emergency Management Agency -- the administrator and two of a maximum of four deputy administrators -- had not, as of October 31, 2007, been the subject of nomination and referral. 81 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs and Committee on Homeland Security and Governmental Affairs (for inspector general position). 82 On April 8, 2004, Stuart Levey was nominated to be Under Secretary for Enforcement. The nomination was referred to the Committee on Finance, which reported it on May 20. Pursuant to a unanimous consent agreement of July 8, the nomination was referred to the Committee on Banking, Housing, and Urban Affairs, and simultaneously re-referred to the Committee on Finance (Sen. Bill Frist, "Referral of Nominations," remarks in the Senate, Congressional Record, daily edition, vol. 150, July 8, 2004, p. S7864). The unanimous consent agreement stated that the agreement was to be specific to the nominations then at hand. The Committee on Banking, Housing, and Urban Affairs reported the nomination on July 20, and the Committee on Finance was discharged from further consideration pursuant to the July 8 agreement. The Senate confirmed the Levey nomination on July 21. The position of Under Secretary for Terrorism and Financial Crimes (or Under Secretary for Terrorism and Financial Intelligence, as it is known by the Department of the Treasury) was established by P.L. 108-447, Div. H, Title II, § 222 (118 Stat. 3242) as a successor office to the Under Secretary for Enforcement, and Levey continued to serve in the new position. 83 Under the provisions of 31 U.S.C. § 301(d), the Department of the Treasury has two deputy under secretaries who are to be appointed by the President, by and with the advice and consent of the Senate. Section 301(d) also provides the "[w]hen appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary." As of October 31, 2007, the most recent appointees to Deputy Under Secretary for International Affairs and Deputy Under Secretary for Legislative Affairs were identified as assistant secretaries on the Department of Treasury website at [http://www.ustreas.gov/]. CRS-26 Senate Committee on Finance (cont.) Department of the Treasury (cont.) Assistant Secretary (Deputy Under Secretary) -- Legislative Affairs84 Assistant Secretary -- Management and Chief Financial Officer85 Assistant Secretary -- Public Affairs/Director -- Policy Planning Assistant Secretary -- Tax Policy Chief Counsel -- Internal Revenue Service/Assistant General Counsel for Tax Commissioner -- Internal Revenue (five-year terms of office) General Counsel Inspector General86 Inspector General -- Tax Administration87 Treasurer -- United States Office of United States Trade Representative (Executive Office of the President) U.S. Trade Representative Deputy U.S. Trade Representative Deputy U.S. Trade Representative Deputy U.S. Trade Representative Chief Agricultural Negotiator Pension Benefit Guaranty Corporation Director88 84 Ibid. 85 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). 86 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 87 Ibid. 88 The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280, § 411; 120 Stat. 935). The act provides that "[t]he Committee on Finance of the Senate and the Committee on Health, Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated by the President to fill [this position], and if one committee votes to order reported such a nomination, the other shall report within 30 calendar days, or be automatically discharged" (P.L. 109-280, § 411(c)(1); 120 Stat. 935). The act also provides that the executive director at the time of enactment, "or any other individual, may serve as interim Director ... until an individual is appointed as Director" under the advice and consent process (P.L. 109-280, § 411(d); 120 Stat. 936). The first nomination to this position was received by the Senate on May 3, 2007, and was referred as specified in the law. CRS-27 Senate Committee on Finance (cont.) Social Security Administration89 Commissioner (six-year term of office) Deputy Commissioner (six-year term of office) Inspector General90 United States International Trade Commission (political balance required) Commissioner -- six positions (nine-year terms of office) United States Tax Court Judge -- 19 positions (15-year terms of office) Part-Time Positions Federal Hospital Insurance Trust Fund, Board of Trustees (political balance required) Member -- two (of six total) positions (four-year terms of office) Federal Old-Age and Survivors Trust Fund and the Disability Insurance Trust Fund, Board of Trustees (political balance required) Member -- two (of six total) positions (four-year terms of office) Federal Supplementary Medical Insurance Trust Fund, Board of Trustees (political balance required) Member -- two (of six total) positions (four-year terms of office) Internal Revenue Service Oversight Board Member -- six (of nine total) positions (five-year terms of office) Social Security Advisory Board (political balance required) Member -- three (of seven total) positions (six-year terms of office) 89 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 90 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-28 Senate Committee on Foreign Relations Full-Time Positions Department of State91 Secretary Deputy Secretary Deputy Secretary -- Management and Resources Under Secretary -- Arms Control and International Security Under Secretary -- Economic, Energy, and Agricultural Affairs Under Secretary -- Democracy and Global Affairs Under Secretary -- Management Under Secretary -- Political Affairs Under Secretary -- Public Diplomacy and Public Affairs Assistant Secretary -- Administration Assistant Secretary -- African Affairs Assistant Secretary -- Consular Affairs Assistant Secretary -- Democracy, Human Rights, and Labor Assistant Secretary -- Diplomatic Security Assistant Secretary -- East Asian and Pacific Affairs Assistant Secretary -- Economic, Energy and Business Affairs Assistant Secretary -- Educational and Cultural Affairs Assistant Secretary -- European and Eurasian Affairs Assistant Secretary -- Intelligence and Research92 Assistant Secretary -- International Narcotics and Law Enforcement Affairs Assistant Secretary -- International Organization Affairs Assistant Secretary -- International Security and Nonproliferation Assistant Secretary -- Legislative Affairs Assistant Secretary -- Near Eastern Affairs Assistant Secretary -- Oceans, Environment, and Science Assistant Secretary -- Political and Military Affairs Assistant Secretary -- Population, Refugee, and Migration Affairs Assistant Secretary -- Public Affairs Assistant Secretary -- Resource Management Assistant Secretary -- South and Central Asian Affairs Assistant Secretary -- Verification, Compliance, and Implementation Assistant Secretary -- Western Hemisphere Affairs Ambassador-at-Large -- Coordinator - Counterterrorism Ambassador-at-Large -- Director -- Office to Monitor and Combat Trafficking in Persons 91 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position), and Select Committee on Intelligence. 92 A June 12, 2006, nomination to this position was initially referred to the Committee on Foreign Relations. Two days later, the Senate agreed, by unanimous consent, that "the nomination of Randall M. Fort to be Assistant Secretary of State be discharged from the Committee on Foreign Relations and that it be referred to the Committee on Intelligence." Sen. Mitch McConnell, "Referral of Discharged Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898. CRS-29 Senate Committee on Foreign Relations (cont.) Department of State (cont.) Ambassador-at-Large -- International Religious Freedom Ambassador-at-Large -- War Crimes Issues U.S. Permanent Representative to the Organization of American States U.S. Permanent Representative to the North Atlantic Treaty Organization Chief Financial Officer93 Coordinator -- U.S. Global AIDS Counselor Director General -- Foreign Service Director -- Office of Foreign Missions Inspector General94 Legal Adviser Chief of Protocol95 Ambassadors Foreign Service Officers (commissions and promotions) U.S. Mission to the United Nations U.S. Permanent Representative and Chief of Mission -- United Nations U.S. Deputy Permanent Representative -- United Nations U.S. Representative -- United Nations Economic and Social Council U.S. Alternate Representative -- Special Political Affairs in the United Nations U.S. Representative -- United Nations Management and Reform U.S. Representative -- European Office of the United Nations (Geneva) U.S. Representative -- Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency) U.S. Representative -- International Atomic Energy Agency U.S. Deputy Representative -- International Atomic Energy Agency U.S. Representative to sessions of the General Assembly and other United Nations Bodies -- numerous positions (terms of office depends on length of session) 93 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 94 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 95 According to the State Department, "Since 1961, the Chief of Protocol has been commissioned an Ambassador, requiring the President's nominee to be confirmed by the Senate." Quote from the State Department website, available at [http://www.state.gov/s/ cpr/c15634.htm]. CRS-30 Senate Committee on Foreign Relations (cont.) U.S. Agency for International Development96 Administrator Deputy Administrator Assistant Administrator -- Sub-Saharan Africa Assistant Administrator -- Asia and Near East Assistant Administrator -- Europe and Eurasia Assistant Administrator -- Global Health Assistant Administrator -- Democracy, Conflict, and Humanitarian Assistance Assistant Administrator -- Latin America and Caribbean Assistant Administrator -- Legislative and Public Affairs Assistant Administrator -- Management Assistant Administrator -- Policy and Program Coordination Assistant Administrator -- Economic Growth, Agriculture, and Trade Inspector General97 European Bank for Reconstruction and Development U.S. Executive Director International Broadcasting Bureau, Broadcasting Board of Governors Director International Joint Commission, United States and Canada Commissioner -- three positions International Monetary Fund U.S. Executive Director (two-year term of office) U.S. Alternate Executive Director (two-year term of office) Inter-American Development Bank U.S. Executive Director (three-year term of office -- The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.) U.S. Alternate Executive Director (three-year term of office -- The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.) U.S. Trade and Development Agency Director 96 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 97 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-31 Senate Committee on Foreign Relations (cont.) Organizations with Full- and Part-Time Positions98 African Development Bank U.S. Executive Director (five-year term of office; full-time) Governor and Alternate Governor (five-year terms of office; part-time) Asian Development Bank U.S. Executive Director (full-time) Governor and Alternate Governor (part-time) International Bank for Reconstruction and Development U.S. Executive Director (two-year term of office; full-time -- The incumbent also serves as U.S. Executive Director for the International Finance Corporation and the International Development Association.) U.S. Alternate Executive Director (two-year term of office; full-time -- The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.) Governor (same individual as the International Monetary Fund Governor; five- year term of office; part-time -- The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.) Alternate Governor (five-year term of office; part-time -- The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.) Millennium Challenge Corporation Chief Executive Officer (full-time) Member, Board of Directors -- four (of nine total) positions (part-time; three- year terms of office) Overseas Private Investment Corporation President/Chief Executive Officer (full-time) Executive Vice President (full-time) Member, Board of Directors -- eight (of 15 total) positions (part-time; three- year terms of office) Peace Corps Director (full-time) Deputy Director (full-time) Member, Peace Corps National Advisory Council -- 15 positions (part-time; political balance required; two-year terms of office) 98 Because several organizations under this committee have both full- and part-time advice and consent positions, they were listed under this heading for succinctness. CRS-32 Senate Committee on Foreign Relations (cont.) Part-Time Positions Advisory Board for Cuba Broadcasting (political balance required) Member -- nine positions (three-year terms of office) African Development Foundation, Board of Directors (political balance required) Member -- seven positions (six-year terms of office) African Development Fund Governor and Alternate Governor Broadcasting Board of Governors (political balance required) Member -- eight (of nine total) positions (three-year terms of office) Inter-American Foundation, Board of Directors (political balance required) Member -- nine positions (six-year terms of office) U.S. Advisory Commission on Public Diplomacy99 (political balance required) Commissioner -- seven positions (three-year terms of office) 99 Nominations to these positions are processed by the State Department. (Communication with State Department official, July 2, 2007.) CRS-33 Senate Committee on Health, Education, Labor, and Pensions Full-Time Positions Department of Education100 Secretary Deputy Secretary Director -- Institute of Education Sciences (six-year term of office) Under Secretary Assistant Secretary -- Civil Rights Assistant Secretary -- Communications and Outreach Assistant Secretary -- Elementary and Secondary Education Assistant Secretary -- Legislation and Congressional Affairs Assistant Secretary -- Management Assistant Secretary -- Planning, Evaluation and Policy Development Assistant Secretary -- Postsecondary Education Assistant Secretary -- Special Education and Rehabilitative Services Assistant Secretary -- Vocational and Adult Education Chief Financial Officer101 Commissioner -- Education Statistics (six-year term of office) Commissioner -- Rehabilitation Services Administration General Counsel Inspector General102 Department of Health and Human Services103 Administrator -- Substance Abuse and Mental Health Services Administration Assistant Secretary -- Aging Assistant Secretary -- Health Assistant Secretary -- Preparedness and Response Commissioner -- Food and Drug Administration Director -- National Institutes of Health Surgeon General (four-year term of office) Public Health Service -- Officer Corps 100 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 101 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 102 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 103 For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Indian Affairs. CRS-34 Senate Committee on Health, Education, Labor, and Pensions (cont.) Department of Labor104 Secretary Deputy Secretary Assistant Secretary -- Administration and Management Assistant Secretary -- Congressional and Intergovernmental Affairs Assistant Secretary -- Disability Employment Policy Assistant Secretary -- Employee Benefits Security Administration Assistant Secretary -- Employment and Training Administration Assistant Secretary -- Employment Standards Administration Assistant Secretary -- Mine Safety and Health Administration Assistant Secretary -- Occupational Safety and Health Administration Assistant Secretary -- Policy Assistant Secretary -- Public Affairs Assistant Secretary -- Veterans' Employment and Training Service105 Administrator -- Wage and Hour Division Chief Financial Officer106 Commissioner -- Bureau of Labor Statistics Director -- Women's Bureau Inspector General107 Solicitor Corporation for National and Community Service108 Chief Executive Officer Managing Director Managing Director 104 For other positions within the department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position) and Committee on Veterans' Affairs. 105 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans' Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill Frist, "Joint Referral," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 24, 2005, p. S5857. 106 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 107 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 108 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). CRS-35 Senate Committee on Health, Education, Labor, and Pensions (cont.) Corporation for National and Community Service (cont.) Chief Financial Officer Inspector General109 Equal Employment Opportunity Commission (political balance required) Commissioner -- five positions (five-year terms of office) General Counsel (four-year term of office) Federal Mediation and Conciliation Service Director Federal Mine Safety and Health Review Commission Commissioner -- five positions (six-year terms of office) National Foundation on the Arts and the Humanities National Endowment for the Arts -- Chair (four-year term of office) National Endowment for the Humanities -- Chair (four-year term of office) Institute of Museum and Library Services -- Director (four-year term of office) National Labor Relations Board (Political balance is not required, but, by tradition, no more than three members are from the same party.) Member -- five positions (five-year terms of office) General Counsel (four-year term of office) National Mediation Board (political balance required) Member -- three positions (three-year terms of office) National Science Foundation Director (six-year term of office) Deputy Director Occupational Safety and Health Review Commission Member -- three positions (six-year terms of office) Office of National Drug Control Policy (Executive Office of the President)110 Deputy Director -- Demand Reduction 109 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. 110 For other positions within the agency, see Committee on the Judiciary. CRS-36 Senate Committee on Health, Education, Labor, and Pensions (cont.) Pension Benefit Guaranty Corporation Director111 Railroad Retirement Board112 Member -- three positions (five-year terms of office -- Chair, who first must be appointed as a member, also needs to be confirmed.) Inspector General113 Part-Time Positions Barry Goldwater Scholarship and Excellence in Education Foundation, Board of Trustees (political balance required) Member -- eight (of 13 total) positions (six-year terms of office) Corporation for National and Community Service, Board of Directors (political balance required) Member -- 15 positions (five-year terms of office) Harry S. Truman Scholarship Foundation, Board of Trustees (political balance required) Member -- eight (of 13 total) positions (six-year terms of office) James Madison Memorial Fellowship Foundation, Board of Trustees (political balance required) Member -- six (of 13 total) positions (six-year terms of office) 111 The Director of the Pension Benefit Guaranty Corporation was established as a position to which appointments are made by the President, with the advice and consent of the Senate, by the Pension Protection Act of 2006 (P.L. 109-280, § 411; 120 Stat. 935). The act provides that "[t]he Committee on Finance of the Senate and the Committee on Health, Education, Labor, and Pensions of the Senate shall have joint jurisdiction over the nomination of a person nominated by the President to fill [this position], and if one committee votes to order reported such a nomination, the other shall report within 30 calendar days, or be automatically discharged" (P.L. 109-280, § 411(c)(1); 120 Stat. 935). The act also provides that the executive director at the time of enactment, "or any other individual, may serve as interim Director ... until an individual is appointed as Director" under the advice and consent process (P.L. 109-280, § 411(d); 120 Stat. 936). The first nomination to this position was received by the Senate on May 3, 2007, and was referred as specified by law. 112 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 113 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-37 Senate Committee on Health, Education, Labor and Pensions (cont.) Legal Services Corporation Board of Directors (political balance required) Member -- 11 positions (three-year terms of office) National Board of Education Sciences Member -- 15 positions National Commission on Libraries and Information Science Member -- 14 (of 15 total) positions (five-year terms of office) National Council on Disability Member -- 15 positions (three-year terms of office) National Foundation on the Arts and the Humanities National Council on the Arts Member -- 14 positions (of 21 total) positions (six-year terms of office) National Council on the Humanities Member -- 26 positions (of 27 total) positions (six-year terms of office) National Museum Services Board Member -- 14 positions (of 15 total) positions (five-year terms of office) National Institute for Literacy Advisory Board Member -- 10 positions (three-year terms of office) National Science Board (National Science Foundation) Member -- 24 positions (six-year terms of office) United States Institute of Peace, Board of Directors (political balance required) Member -- 12 (of 15 total) positions (four-year terms of office) CRS-38 Senate Committee on Homeland Security and Governmental Affairs Full-Time Positions Department of Commerce114 Director -- Bureau of the Census Department of Homeland Security115 Secretary Deputy Secretary Under Secretary -- Management Under Secretary -- National Protection and Programs116 Deputy Administrator/Chief Operating Officer -- Federal Emergency Management Agency Deputy Administrator -- National Preparedness, Federal Emergency Management Agency Assistant Secretary -- Health Affairs/Chief Medical Officer Assistant Secretary -- Policy Assistant Secretary -- U.S. Immigration and Customs Enforcement117 114 For other positions within the department, see also Committee on Banking, Housing, and Urban Affairs; Committee on Commerce, Science, and Transportation; Committee on Environment and Public Works; Committee on Finance; and Committee on the Judiciary. 115 For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Homeland Security and Governmental Affairs; and Committee on the Judiciary. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had never been filled. Of the advice and consent positions established by the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal Emergency Management Agency -- the administrator and two of a maximum of four deputy administrators -- had not, as of October 31, 2007, been the subject of nomination and referral. 116 It could be argued that the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295) abolished this position. For more information on this argument, see CRS Report RL33729, Federal Emergency Management Policy Changes After Hurricane Katrina: A Summary of Statutory Provisions, coordinated by Keith Bea. Nonwithstanding this argument, the President submitted a nomination to this position on September 4, 2007, and the nomination was referred to this committee. 117 As of October 31, 2007, the most recent nominee to this position had been nominated to the post three times. Two of these nominations were sequentially referred to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary pursuant to unanimous consent agreements of October 7, 2005, and September 27, 2007. (Sen. Ted Stevens, "Sequential Referral of Nomination," remarks in the Senate, Congressional Record, vol. 151, October 7, 2005, p. 11331; Sen. Sherrod Brown, "Sequential Referral -- Nomination of Julie Myers," remarks in the Senate, Congressional Record, vol. 153, September 27, 2007, p. S12316 ). The second nomination was referred (continued...) CRS-39 Senate Committee on Homeland Security and Governmental Affairs (cont.) Department of Homeland Security (cont.) Assistant Secretary/Administrator -- Transportation Security Administration118 Administrator -- U.S. Fire Administration Assistant Administrator -- Grant Programs, Federal Emergency Management Agency119 Director -- Office of Counternarcotics Enforcement Chief Financial Officer120 General Counsel Inspector General Court Services and Offender Supervision Agency to the District of Columbia Director (six-year term of office) District of Columbia Court of Appeals (15-year terms of office) Chief Judge Judges -- eight positions District of Columbia Superior Court (15-year terms of office) Chief Judge Judges -- 61 positions 117 (...continued) only to the Committee Homeland Security and Governmental Affairs. 118 As of October 31, 2007, the most recent nomination to this position had been referred sequentially to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs. On May 19, 2005, the Senate agreed, by unanimous consent, "that the nomination of Edmund S. Hawley, of California, to be Assistant Secretary of Homeland Security be referred to the Committee on Commerce, Science and Transportation, and that, further, upon the reporting out or discharge of the nomination, the nomination be referred to the Committee on Homeland Security and Governmental Affairs for a period not to exceed 30 days, after which the nomination, if still in committee, will be discharged and placed on the Executive Calendar." Sen. George Allen, "Referral and Discharge -- Nomination of Edmund S. Hawley," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 19, 2005, p. S5547. 119 This position was previously titled Assistant Secretary of Homeland Security for Grants and Training/Executive Director, Office for State and Local Government Coordination and Preparedness. 120 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). CRS-40 Senate Committee on Homeland Security and Governmental Affairs (cont.) Federal Labor Relations Authority (political balance required) Members -- three positions (five-year terms of office) General Counsel (five-year term of office) General Accounting Office Comptroller General (15-year term of office) Deputy Comptroller General121 General Services Administration Administrator Inspector General Merit Systems Protection Board (political balance required) Member -- three positions (seven-year terms of office -- Chair, who first must be confirmed as a member, also needs to be confirmed.) National Archives and Records Administration Archivist Office of Government Ethics Director (five-year term of office) Office of Management and Budget (Executive Office of the President) Director122 Deputy Director123 Deputy Director -- Management Administrator -- Office of Federal Procurement Policy Administrator -- Office of Information and Regulatory Affairs Controller -- Office of Federal Financial Management 121 The term of the Deputy Comptroller General expires upon the appointment of a new Comptroller General, or when a successor is appointed (31 U.S.C. § 703(b)). No one has been nominated to this office for at least 25 years. 122 On October 9, 2004, the Senate agreed to S.Res. 445 (108th Congress), which provided, in part, as follows: "The Committee on the Budget and the Committee on Homeland Security and Governmental Affairs shall have joint jurisdiction over the nominations of persons nominated by the President to fill the positions of Director and Deputy Director for Budget within the Office of Management and Budget, and if one committee votes to order reported such a nomination, the other must report within 30 calendar days session, or be automatically discharged" (§101(e)). Nominations to the positions of Director and Deputy Director of the Office of Management and Budget were jointly referred to the two committees during the 109th and 110th Congresses. 123 Ibid. CRS-41 Senate Committee on Homeland Security and Governmental Affairs (cont.) Office of Personnel Management Director (four-year term of office) Deputy Director Inspector General Office of Special Counsel Special Counsel (five-year term of office) Postal Rate Commission (political balance required) Commissioner -- five positions (six-year terms of office) Most Other Inspectors General124 Part-Time Positions Federal Retirement Thrift Investment Board Member -- five positions (four-year terms of office) Special Panel on Appeals Chair (six-year term of office) United States Postal Service Board of Governors (political balance required) Governor -- nine positions (nine-year terms of office) 124 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-42 Senate Committee on Indian Affairs Full-Time Positions Department of Health and Human Services125 Director -- Indian Health Service (four-year term of office) Commissioner -- Administration for Native Americans Department of the Interior126 Assistant Secretary -- Indian Affairs Chair -- National Indian Gaming Commission (three-year term of office) Special Trustee -- American Indians Office of Navajo and Hopi Indian Relocation Commissioner (two-year term of office)127 Part-Time Positions Institute of American Indian and Alaska Native Culture and Arts Development, Board of Trustees Member -- 13 (voting) positions (six-year terms of office) 125 For other positions within the department, see also Committee on Finance, Committee on Homeland Security and Governmental Affairs (for inspector general position), and Committee on Health, Education, Labor, and Pensions. 126 For other positions within the department, see also Committee on Energy and Natural Resources, Committee on Environment and Public Works, and Committee on Homeland Security and Governmental Affairs (for inspector general position). 127 There has not been a confirmed Commissioner for the Office of Navajo and Hopi Indian Relocation since the resignation of Carl J. Kunasek on April 12, 1994. The last nomination to this position was not confirmed and was returned to the President on November 14, 1994. CRS-43 Senate Select Committee on Intelligence Full-Time Positions Department of Justice Assistant Attorney General -- National Security Division128 Department of State Assistant Secretary -- Intelligence and Research129 Department of the Treasury Assistant Secretary -- Intelligence and Analysis Central Intelligence Agency Director General Counsel Inspector General Director of National Intelligence Director Principal Deputy Director Director, National Counterterrorism Center General Counsel Chief Information Officer 128 Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S. Res. 400 of the 94th Congress (as amended by § 506(d) of P. L. No. 109-177 (March 9, 2006)). The applicable portion of the provision reads, "With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." 129 A June 12, 2006, nomination to this position was initially referred to the Committee on Foreign Relations. Two days later, the Senate agreed, by unanimous consent, that "the nomination of Randall M. Fort to be Assistant Secretary of State be discharged from the Committee on Foreign Relations and that it be referred to the Committee on Intelligence." Sen. Mitch McConnell, "Referral of Discharged Nomination," remarks in the Senate, Congressional Record, daily edition, vol. 152, June 14, 2006, p. S5898. CRS-44 Senate Committee on the Judiciary Full-Time Positions Department of Commerce130 Under Secretary -- Intellectual Property/Director - U.S. Patent and Trademark Office Department of Homeland Security131 Assistant Secretary -- U.S. Immigration and Customs Enforcement132 Director -- U.S. Citizenship and Immigration Services Department of Justice133 Attorney General Deputy Attorney General Associate Attorney General Assistant Attorney General -- Antitrust Division Assistant Attorney General -- Civil Division Assistant Attorney General -- Civil Rights Division Assistant Attorney General -- Criminal Division 130 See also Committee on Banking, Housing, and Urban Affairs; Committee on Environment and Public Works; Committee on Finance; and Committee on Homeland Security and Governmental Affairs. 131 For other positions within the department, see also Committee on Commerce, Science, and Transportation; Committee on Finance; and Committee on Homeland Security and Governmental Affairs. The Homeland Security Act authorizes not more than 12 assistant secretaries to be appointed by the President with the advice and consent of the Senate (6 U.S.C. § 113). As of October 31, 2007, some of these potential positions had never been filled. Of the advice and consent positions established by the Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), three at the Federal Emergency Management Agency -- the administrator and two of a maximum of four deputy administrators -- had not, as of October 31, 2007, been the subject of nomination and referral. 132 As of October 31, 2007, the most recent nominee to this position had been nominated to the post three times. Two of these nominations were sequentially referred to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary pursuant to unanimous consent agreements of October 7, 2005. (Sen. Ted Stevens, "Sequential Referral of Nomination," remarks in the Senate, Congressional Record, vol. 151, October 7, 2005, p. 11331; Sen. Sherrod Brown, "Sequential Referral -- Nomination of Julie Myers," remarks in the Senate, Congressional Record, vol. 153, September 27, 2007, p. S12316). The second nomination was referred only to the Committee on Homeland Security and Governmental Affairs. 133 Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed chief financial officers for all of the major executive branch agencies (31 U.S.C. § 901(a)(1)), this provision is superseded by 28 U.S.C. § 507. The latter section provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice. See also Committee on Homeland Security and Governmental Affairs (for inspector general position). CRS-45 Senate Committee on the Judiciary (cont.) Department of Justice (cont.) Assistant Attorney General -- Environment and Natural Resources Division Assistant Attorney General -- Legislative Affairs Assistant Attorney General -- Office of Justice Programs Assistant Attorney General -- National Security Division134 Assistant Attorney General -- Office of Legal Counsel Assistant Attorney General -- Office of Legal Policy Assistant Attorney General -- Tax Division Administrator -- Drug Enforcement Administration Administrator -- Office of Juvenile Justice and Delinquency Prevention Deputy Administrator -- Drug Enforcement Administration Director -- Bureau of Alcohol, Tobacco, Firearms and Explosives Director -- Bureau of Justice Assistance Director -- Bureau of Justice Statistics Director -- Community Relations Service (four-year term of office) Director -- Federal Bureau of Investigation (10-year term of office) Director -- National Institute of Justice Director -- Office for Victims of Crime Director -- Office on Violence Against Women Director -- U.S. Marshals Service Inspector General135 Solicitor General Special Counsel -- Immigration-Related Unfair Employment Practices (four- year term of office) U.S. Attorney -- 93 positions (four-year terms of office) U.S. Marshal -- 94 positions (four-year terms of office) Foreign Claims Settlement Commission Chair -- (three-year term of office; nominated from among commissioner members -- See additional listing under part-time positions below.) 134 Nominations to this position are referred sequentially to the Committee on the Judiciary and the Select Committee on Intelligence pursuant to Section 17(b)(1) of S. Res. 400 of the 94th Congress (as amended by § 506(d) of P. L. No. 109-177 (March 9, 2006)). The applicable portion of the provision reads, "With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination." 135 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-46 Senate Committee on the Judiciary (cont.) Office of National Drug Control Policy (Executive Office of the President)136 Director Deputy Director Deputy Director -- Demand Reduction Deputy Director -- State and Local Affairs Deputy Director -- Supply Reduction United States Circuit Court Judges -- 179 positions (life tenure) United States Court of Federal Claims Judges -- 16 positions (15-year terms of office) United States Court of International Trade (life tenure) Judges -- nine positions (political balance required) United States District Courts137 Judges -- 678 positions (most are life tenure -- These include four judges in three territorial courts, who are appointed to 10-year terms of office.) United States Parole Commission Member -- five positions (six-year term of office) United States Sentencing Commission Chair -- (six-year term of office; nominated from among commission members -- See additional listing under part-time positions below.) Vice Chair -- three positions (six-year terms of office; designated from among commission members -- See additional listing under part-time positions below.) United States Supreme Court Chief Justice -- (life tenure) Associate Justices -- eight positions (life tenure) 136 See also Committee on Health, Education, Labor, and Pensions. 137 The 678 district court judgeships consist of 663 permanent judgeships, 11 temporary judgeships, and four territorial court judgeships. In the districts with the 11 temporary judgeships, the seat lapses with the departure of a judge from that district at some particular time specified in statute unless Congress enacts legislation to extend the temporary judgeship or convert it to a permanent judgeship. CRS-47 Senate Committee on the Judiciary (cont.) Part-Time Positions Foreign Claims Settlements Commission Member -- three positions (three-year terms of office -- One of the three members is also nominated to be the full-time chair of the commission, as shown above.) State Justice Institute, Board of Directors Director -- 11 positions (three-year terms of office) United States Sentencing Commission (political balance required) Commissioner -- seven positions (six-year terms of office -- One of the seven members is also nominated to be the full-time chair of the commission, and two others are designated as full-time vice-chairs.) CRS-48 Senate Committee on Rules and Administration Full-Time Positions Architect of the Capitol Architect Election Assistance Commission (political balance required) Commissioner -- four positions (four-year terms of office) Federal Election Commission (political balance required) Commissioners -- six positions (six-year terms of office) Government Printing Office Public Printer Library of Congress Librarian CRS-49 Senate Committee on Small Business and Entrepreneurship Full-Time Positions Small Business Administration138 Administrator Deputy Administrator Chief Counsel for Advocacy Inspector General139 138 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 139 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. CRS-50 Senate Committee on Veterans' Affairs Full-Time Positions Department of Labor140 Assistant Secretary -- Veterans' Employment and Training Service141 Department of Veterans Affairs142 Secretary Deputy Secretary Under Secretary -- Benefits (four-year term of office) Under Secretary -- Health (four-year term of office) Under Secretary -- Memorial Affairs Assistant Secretary -- Congressional and Legislative Affairs Assistant Secretary -- Human Resources and Administration Assistant Secretary -- Information and Technology Assistant Secretary -- Management and Chief Financial Officer143 Assistant Secretary -- Operations, Security, and Preparedness Assistant Secretary -- Policy and Planning Assistant Secretary -- Public and Intergovernmental Affairs Chair -- Board of Veterans' Appeals (six-year term of office) General Counsel Inspector General144 United States Court of Appeals for Veterans Claims Judge -- three-seven positions (15-year terms of office) 140 For other positions in this department, see also Committee on Homeland Security and Governmental Affairs (for inspector general position) and Committee on Health, Education, Labor, and Pensions. 141 As of October 31, 2007, the most recent nomination to this position had been referred jointly to the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans' Affairs pursuant to a unanimous consent agreement of May 24, 2005. Sen. Bill Frist, "Joint Referral," remarks in the Senate, Congressional Record, daily edition, vol. 151, May 24, 2005, p. S5857. 142 See also Committee on Homeland Security and Governmental Affairs (for inspector general position). 143 This chief financial officer is one of 16 out of the 24 CFO positions covered by the Chief Financial Officers Act of 1990, as amended, that may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions. (31 U.S.C. § 901(a)(1)). 144 Pursuant to a UC agreement, most IG nominations are referred sequentially to the committee with predominant jurisdiction over the particular IG's agency and then the Committee on Homeland Security and Governmental Affairs. For more information, see footnote 7. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL30959