Barton headed the agency until 1961, building it into one of the industry's leaders.
Mr. Mueller would not be the first person without judicial experience to head the agency.
He headed the agency from its founding in May 1953 until December 1963.
He will leave the military to head the agency in August at an annual salary of $145,000.
She had been considered a virtual certainty to head the agency.
Andy Fletcher, 42, will continue to head the agency as president and chief executive.
As one Administration official put it today, any appointment to head the agency should be "someone the key players on the Hill could trust."
If her nomination is approved, she would be the first woman to head the agency.
He is the first African American to head the agency on a permanent basis.
For the record, he has headed the agency for two years.
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