Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002

Congressional research reportFeb 10, 2003

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Order Code RL31346

Report for Congress

Received through the CRS Web

Presidential Appointments to Full-Time Positions

in Executive Departments During the 107th

Congress, 2001-2002

Updated February 10, 2003

-name redactedAnalyst in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

Presidential Appointments to Full-Time Positions in

Executive Departments During the 107th Congress,

2001-2002

Summary

During the 107th Congress, 354 nominations to executive department full-time

positions were submitted to the Senate. Of these nominations, seven were submitted

by President Clinton before he left office and were withdrawn by President Bush on

March 19, 2001. President Bush submitted 347 nominations, of which 297 were

confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess,

one was returned to him at the adjournment of the first session, and 12 were returned

to him at the end of the 107th Congress.

President Clinton made eight recess appointments during the intersession

between the 106th and 107th Congresses, all of which expired at the end of the first

session of the 107th Congress. President Bush made three intersession recess

appointments to the departments, each of which expired at the end of the 107th

Congress. He made four intrasession recess appointments to the departments during

the second session of the 107th Congress, each of which expire at the end of the first

session of the 108th Congress.

Information for this report was compiled from data from the Senate nominations

database of the Legislative Information System [http://www.congress.gov/nomis/],

the Congressional Record (daily edition), the Weekly Compilation of Presidential

Documents, and telephone discussions with agency officials.

Related information may be found in CRS Report RL30910, Presidential

Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and

Commissions, 107th Congress, by (name redacted) and CRS Report RL31435,

Presidential Appointments to Full-Time Positions in Independent and Other

Agencies During the 107th Congress, by (name redacted).

This report will be not be updated.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Appointments During the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Length of Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . 2

The Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Selection and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Temporary Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Organization of this Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Executive Department Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Department of Agriculture (USDA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Department of Commerce (DOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Department of Defense (DOD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Department of Education (ED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Department of Energy (DOE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Department of Health and Human Services (HHS) . . . . . . . . . . . . . . . . . . . . . . . 22

Department of Housing and Urban Development (HUD) . . . . . . . . . . . . . . . . . . 24

Department of the Interior (DOI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Department of Justice (DOJ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Department of Labor (DOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Department of State (DOS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Department of Transportation (DOT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Department of the Treasury (TREA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Department of Veterans Affairs (DVA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Appendix A. Nominations and Recess Appointments, 107th Congress . . . . . . . . 44

Appendix B. Appointment Action, 107th Congress . . . . . . . . . . . . . . . . . . . . . . . 55

Appendix C. Senate Recessesa for the 107th Congress . . . . . . . . . . . . . . . . . . . . 56

Appendix D. Abbreviations of Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Presidential Appointments to Full-Time

Positions in Executive Departments

During the 107th Congress, 2001-2002

Introduction1

This report provides an overview of the process for filling positions to which the

President makes appointments with the advice and consent of the Senate. It also

specifies, for the 107th Congress, all nominations to full-time positions2 in the 14

executive departments.3 A profile of each department tracks the department’s

nominations, providing information on Senate activity (i.e., confirmations, rejections,

returns to the President, and elapsed time between nomination and confirmation) as

well as further related presidential activity (i.e., withdrawals and recess

appointments). The profiles also identify, for each department, positions requiring

Senate confirmation, the incumbents in those positions, dates they were confirmed,

dates their terms expire, if applicable, and pay levels.

Appointments During the 107th Congress

During the 107th Congress, 354 nominations to executive department full-time

positions were submitted to the Senate. Of these nominations, seven were submitted

by President Clinton before he left office and were withdrawn by President Bush on

March 19, 2001. President Bush submitted 347 nominations, of which 297 were

confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess,

one was returned to him at the adjournment of the first session, and 12 were returned

to him at the adjournment of the second session.

This report was built on research by (name redacted) and (name redacted). Significant

portions of the text presented here were written by Dr. Garcia for earlier versions of this

report.

Full-time positions requiring Senate confirmation are included. Exceptions are U.S.

attorney and U.S. marshal positions in the Department of Justice; Foreign Service and

diplomatic positions in the Department of State; officer corps positions in the civilian

uniformed services of the National Oceanic and Atmospheric Administration in the

Department of Commerce, and of the Public Health Service in the Department of Health and

Human Services; and the officer corps in the military services.

This report does not discuss the new Department of Homeland Security, which is scheduled

to come in existence during the 108th Congress. For more information on appointments to

the new department, see CRS Report RL31492, Homeland Security: Management Positions

for the New Department, by (name redacted) and CRS Report RL31677, Filling

Presidentially Appointed, Senate-Confirmed Positions in the Department of Homeland

Security, by (name redacted).

CRS-2

President Clinton made eight recess appointments to executive departments

during the intersession between the 106th and 107th Congresses, all of which expired

at the end of the first session. Between the first and second sessions of the 107th

Congress, President Bush made three recess appointments to executive departments,

each of which expired at the end of the 107th Congress. He made four recess

appointments to the departments during recesses within the second session of the

107th Congress, each of which expire at the end of the first session of the 108th

Congress. Table 1 summarizes this appointment activity.

Table 1. Nomination and Appointment Action in the

107th Congress

Total positions

Positions held by incumbents from a previous administration

Nominations submitted to the Senate

Nominations confirmed by the Senate

Individual nominees

Nominations returned at the August 2001 recess

Nominations returned at the adjournment of the Senate, December 20, 2001

Nominations returned at the adjournment of the Senate, November 20, 2002

Nominations submitted by Clinton, withdrawn by Bush

Nominations submitted and withdrawn by Bush

Intersession recess appointments between 106th and 107th Congresses (Clinton)

Intrasession recess appointments during the 107th Congress, 1st session

Intersession recess appointments between first and second sessions of 107th Congress

Intrasession recess appointments during the 107th Congress, 2nd session

337

354

297

307

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate varies

widely. Some nominations are confirmed within a few days, others may not be

confirmed for several months, and some are never confirmed. This report provides,

for each executive department nomination that was confirmed in the 107th Congress,

the number of days between nomination and confirmation (“days to confirm”). Some

Senate recess days are not included in this sum because Senators are unable to take

up nominations on these days. For practical reasons, only days from the longer

recesses around August and between congressional sessions are excluded. These

recesses are often longer than 30 days. This cutoff point is suggested by the Senate

rules, which provide that “if the Senate shall adjourn or take recess for more than

thirty days, all nominations pending and not finally acted upon” shall be returned to

the President, although this rule is often waived.4 The 32 days during the August

2002 recess and the 33 days between the first and second sessions of the 107th

Congress were subtracted from the “days to confirm” for those nominations that

spanned one or both recesses. No days were subtracted for the August 2001 recess,

U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 106th

Cong., 1st sess., S.Doc. 106-1 (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

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because, as discussed below, all pending nominations were returned prior to that

recess.

An accurate calculation of the average time the Senate took to confirm a

nomination in the 107th Congress is made more challenging by an unusual

characteristic of the session. As just noted, the Senate rules provide that all pending

nominations are to be returned to the President at the beginning of recesses of 30

days or more. Usually the Senate agrees, by unanimous consent, to waive this rule

and retain pending nominations over their recesses. Prior to the 31-day August 2001

recess, however, the Senate did not reach such an agreement, and 162 pending

nominations, 35 of which are among those covered by this report, were returned to

the President.5 The President sent forward some of these nominees again after the

recess. Those nominations were considered to be new nominations, rather than

continuations of the pre-recess nominations. As a result, when such nominations are

confirmed, the length of the confirmation process, shown in the tables of this report

as “days to confirm,” does not include any pre-recess time during which the nominee

was under consideration in the Senate. Consequently, the average is smaller than it

would be if the pre- and post-recess nomination times were added together. For

example, the mean number of days to confirm for all executive department

nominations is 46 days, but if the pre-recess days during which a nominee was under

consideration in the Senate were included for all confirmed nominees, this mean

would be 50 days. Likewise, the median “days to confirm” for all department

nominations is 36, but it would be 38 if pre-recess days were included. Footnotes for

appointment action tables for each department (below) provide figures that take such

pre-recess time into account. In general, however, comparisons between average

confirmation times from this report and those from previous reports should be made

cautiously.

The tables in this report show both the mean and median number of days. The

mean is the average as it is commonly calculated. In order to calculate the mean

“days to confirm,” for example, for each department, the “days to confirm” data for

all the confirmed nominations in the department were added together and then

divided by the number of confirmed nominations. The mean time taken by the

Senate to confirm a nomination to an executive department in the 107th Congress was

46 days, or 6 to 7 weeks. By department, the means ranged from 30 days for

Transportation and Veterans Affairs to 65 for Housing and Urban Development.

See Sen. Harry Reid and Sen. Trent Lott, “Unanimous Consent Request — Executive

Calendar,” colloquy, Congressional Record, daily edition, vol. 147, Aug. 3, 2001, p. S8888.

Such a unanimous consent agreement was reached, however, for the recess between the first

and second sessions of the 107th Congress. Sen. Harry Reid, “Nominations to Remain in

Status Quo Notwithstanding the Adjournment of the Senate,” Congressional Record, daily

edition, vol. 147, Dec. 20, 2001, p. S14049. Under this agreement, only one nomination to

a full-time executive department position, Otto Reich, to be Assistant Secretary of State for

Western Hemisphere Affairs, was returned to the President. By unanimous consent, no

nominations were returned to the President prior to the 32-day August 2002 recess. Sen.

Harry Reid, “Order for Nominations,” Congressional Record, daily edition, vol. 148, Aug.

1, 2002, p. S8020.

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The median is the middle number when the “days to confirm” data for all the

confirmed nominations are arranged in numerical order. Although the mean is the

more familiar kind of average, the median is included because it diminishes the

influence of a few extreme entries. For the Department of Agriculture (USDA), for

example, the mean is 41 and the median is 22. This difference is largely due to the

influence of the nomination for inspector general, which was pending in the Senate

for 213 days – more than twice as long as any other USDA nomination. In this case,

the median more accurately reflects the average number of days nominations to the

department were pending in the Senate. The median “days to confirm” for all

departments was 36 days, or about 5 weeks. This indicates that half of those

nominations confirmed spent 36 days or less pending in the Senate.

The Appointment Process

The President and the Senate share the power to appoint the principal officers

of the United States.6 The Constitution (Article II, Section 2) empowers the

President to nominate and, by and with the advice and consent of the Senate, to

appoint the principal officers of the United States. Three distinct stages mark the

appointment process—selection and nomination, confirmation, and appointment.

Selection and Nomination. In this stage, the President selects the nominee

and sends the nomination to the Senate. There are a number of steps in the

President’s selection of candidates for most Senate-confirmed positions. First, with

the assistance of the White House Office of Presidential Personnel, the President

selects a candidate for the position. The candidate then prepares and submits several

forms: the “Public Financial Disclosure Report” (Standard Form (SF) 278), the

“Questionnaire for National Security Positions” (SF 86), and the White House

“Personal Data Statement Questionnaire.” The Office of the Counsel to the President

oversees the clearance process, with background investigations conducted by the

Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of

Government Ethics (OGE), and ethics official for the agency to which the candidate

is to be appointed. If conflicts are found during the background check, OGE and the

agency ethics officer may work with the candidate to mitigate the conflicts. Once the

Counsel has cleared the candidate, the nomination is ready to be submitted to the

Senate. The selection and vetting stage is often the longest part of the appointment

process. There can be lengthy delays, particularly if many candidates are being

processed, as they are at the beginning of an Administration, or if conflicts need to

be resolved. Candidates for higher level positions are often accorded priority in this

process.

For positions located within a state (U.S. attorney, U.S. marshal, and U.S.

district judge), the President, by custom, normally consults with the Senator or

Senators (if they are from the same party as the President) from that state prior to a

nomination. If neither Senator is from the President’s party, he usually consults with

party leaders from the state. Occasionally, the President solicits recommendations

A succinct historical and contemporary overview of the appointment power is found in

(name redacted), “Appointme

nt Powers,” in his Constitutional Conflicts between Congress and

the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48.

CRS-5

from Senators of the opposition party because of their positions in the Senate. Before

making a nomination to a federal position at the state or national level, the President

must consider how it will fare in the confirmation process.

A nominee has no legal authority to assume the duties and responsibilities of the

position; the authority comes with Senate confirmation and presidential appointment.

A nominee who is hired as a consultant while awaiting confirmation may serve only

in an advisory capacity. If circumstances permit and conditions are met, the

President may give the nominee a temporary appointment under the Vacancies Act,

or a recess appointment, to the position (see below). Recess appointments may have

political consequences, however, particularly if Senators perceive that an

appointment is an effort to circumvent their constitutional role.

Confirmation. In the confirmation or second stage, the Senate alone

determines whether to approve or disapprove a nomination. The way the Senate acts

on a nomination depends largely on the importance of the position involved, existing

political circumstances, and policy implications. Generally, the Senate shows

particular interest in the nominee’s views and how they are likely to affect public

policy.7 Two other factors may also affect the scrutiny with which a nominee’s

personal and professional qualities are examined: whether the President’s party

controls the Senate and the degree to which the President becomes involved in

supporting the nomination.

Although the Senate confirms most nominations, no President can safely assume

that his nominees will be approved routinely. Rarely, however, does a rejection

occur on the Senate floor. Nearly all rejections occur in committee, either by

committee vote or by committee inaction. Rejections in committee occur for a variety

of reasons, including opposition to the nomination, inadequate amount of time for

consideration of the nomination, or factors that may have nothing to do with the

merits of the nomination. The most recent study of Senate confirmation action,

which looked at the period between 1981 and 1992, found that the Senate failed to

confirm 9% of all nominations to full-time positions in the executive departments.

During the same period, 11% of nominations to independent agencies and 22% of

nominations to boards and commissions also failed.8

Appointment. In the final stage, the confirmed nominee is given a

commission signed by the President, with the seal of the United States affixed

thereto, and is sworn into office. The President may sign the commission at any time

G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free

Press, 1981), pp. 97-189.

CRS Report 93-464, Senate Action on Nominations to Policy Positions in the Executive

Branch, 1981-1992, (archived) by (name redacted). The study did not include nominations

submitted by Presidents Carter and Reagan in the last months of their administrations, or

nominations submitted within a month of the Senate’s adjournment at the end of a session.

It also excluded nominations to the judiciary, military services, Foreign Service, National

Oceanic and Atmospheric Administration Officer Corps, and Public Health Service Officer

Corps, as well as nominations to all ambassadorial, U.S. attorney, U.S. marshal, and parttime positions.

CRS-6

after confirmation. Under unusual circumstances, he may not sign it at all, thus

preventing the appointment. Once the appointee is given the commission and sworn

in, he or she has full authority to carry out the responsibilities of the office.

Recess Appointments

The appointment process also enables the President to make an appointment

without Senate confirmation when the Senate is in recess, either during a session

(intrasession recess appointment) or between sessions (intersession recess

appointment). Recess appointments expire at the end of the next session of

Congress.9 Recess appointments made by President Clinton during the intersession

prior to the beginning of the 107th Congress expired at the end of the first session of

the 107th Congress. Recess appointments made by President Bush during a recess

within the first session or between the first and second sessions of the 107th Congress

expired at the end of the second session of the 107th Congress. Recess appointments

made by President Bush during a recess within the second session of the 107th

Congress or between the end of the 107th Congress and the beginning of the 108th

Congress expire at the end of the first session of the 108th Congress. Appendix C

provides a table showing the dates of the Senate recesses immediately before, during,

and immediately after the 107th Congress.

Presidents have occasionally used the recess appointment power to circumvent

the confirmation process. In response, Congress has placed restrictions on the

President’s authority to make recess appointments. Under 5 U.S.C. 5503(a), if the

position to which the President makes a recess appointment falls vacant while the

Senate is in session, the recess appointee may not be paid from the Treasury until he

or she is confirmed by the Senate. The salary prohibition does not apply: (1) if the

vacancy arose within 30 days before the end of the session; (2) if a nomination for

the office (other than the nomination of someone given a recess appointment during

the preceding recess) was pending when the Senate recessed; or (3) if a nomination

was rejected within 30 days before the end of the session and another individual was

given the recess appointment. A recess appointment falling under any one of these

three exceptions must be followed by a nomination to the position not later than 40

days after the beginning of the next session of the Senate.10 For this reason, when a

recess appointment is made, the President generally submits a new nomination for

the nominee even when an old nomination is pending.11 In addition, although recess

appointees whose nominations to a full term are subsequently rejected by the Senate

may continue to serve until the end of their recess appointment, a provision of the

Art. II, Sec. 2, cl. 3 of the Constitution.

Congress placed limits on payments to recess appointees as far back as 1863. The current

provisions date from 1940 (ch. 580, 54 Stat. 751, 5 U.S.C. 56, revised, and recodified at 5

U.S.C. 5503, by P.L. 89-554, 80 Stat. 475). For a legal history and overview of recess

appointments, see CRS Report 87-832, Recess Appointments: Legal Overview, by Richard

C. Ehlke (archived; contact author for more information).

For a further discussion of recess appointments and a list of recess appointments during

the Clinton presidency, see CRS Report RS21308, Recess Appointments: Frequently Asked

Questions, by (name redacted) and CRS Report RL30821, Recess Appointments Made by

President Clinton, by (name redacted).

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annual Treasury and General Government Appropriations Act may prevent them

from being paid after their rejection.12

Temporary Appointments

Congress has provided limited statutory authority for the temporary filling of

vacant positions requiring Senate confirmation. It is expected that, in general,

officials holding PAS positions who have been designated as “acting” are holding the

office under this authority or other statutory authority specific to their agency. Under

the Federal Vacancies Reform Act of 1998,13 when an executive agency position

requiring confirmation becomes vacant, it may be filled temporarily in one of three

ways: (1) the first assistant to such a position may automatically assume the functions

and duties of the office; (2) the President may direct an officer in any agency who is

occupying a position requiring Senate confirmation to perform those tasks; or (3) the

President may select any officer or employee of the subject agency who is occupying

a position, for which the rate of pay is equal to or greater than the minimum rate of

pay at the GS-15 level, and who has been with the agency for at least 90 of the

preceding 365 days. The temporary appointment is for 210 days, but the time

restriction is suspended if a first or second nomination for the position is pending.

In addition, during a presidential transition, the 210-day restriction period does not

begin to run until either 90 days after the President assumes office, or 90 days after

the vacancy occurs, if it is within the 90-day inauguration period. The Act does not

apply to positions on multi-headed regulatory boards and commissions and to certain

other specific positions that may be filled temporarily under other statutory

provisions.14

Organization of this Report

Executive Department Profiles. The 14 executive department profiles

provide data on presidential nominations and appointments to full-time positions

requiring Senate confirmation, and Senate action on the nominations. Data15 on

P.L. 107-67, Sec. 609. The provision reads, “No part of any appropriation for the current

fiscal year contained in this or any other Act shall be paid to any person for the filling of any

position for which he or she has been nominated after the Senate has voted not to approve

the nomination of said person.” This provision has been part of this annual funding activity

since at least 1950.

P.L. 105-277, Div. C, Title I, Sec. 151; 5 U.S.C. 3345-3349d.

For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act:

Congress Acts to Protect the Senate’s Confirmation Prerogative, by (name redacted).

This report was compiled from data from the Senate nominations database of the

Legislative Information System, available at [http://www.congress.gov/nomis/]; the

Congressional Record (daily edition); the Weekly Compilation of Presidential Documents;

and telephone discussions with agency officials. For similar reports for previous

Congresses, see CRS Report 94-453, Presidential Appointments to Full-Time Positions in

Executive Departments During the 103rd Congress, by (name redacted); CRS Report 97-93,

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

104th Congress, by (name redacted); CRS Report 98-357,Presidential Appointments to Full(continued...)

CRS-8

appointment actions during the 107th Congress appear in two tables for each

department, “Appointment Action During 107th Congress” and “Positions and

Incumbents in Department,” and are current as of January 3, 2003.

The appointment action table provides, in chronological order, information

concerning each nomination and recess appointment. It shows the name of the

nominee, position involved, date of nomination or appointment, date of confirmation,

and number of days between receipt of a nomination and confirmation. Actions other

than confirmation (i.e., nominations rejected by the Senate and nominations returned

to or withdrawn by the President) are also noted. Some nominees are nominated more

than once for the same position, either because the first nomination is returned to the

President, as discussed below, or because of a recess appointment. When a nominee

is awaiting Senate action and he or she is given a recess appointment, a second,

follow-up, nomination is usually submitted to comply with the requirements of 5

U.S.C. 5503 (b).

This table also shows, as discussed earlier, the mean and median number of days

the Senate has taken to confirm nominations in the department. These averages

should be used carefully. As discussed earlier, the Senate took the unusual step of

returning all nominations to the President prior to the August 2001 recess. Many of

those whose nominations were returned were re-nominated after the recess.

Consequently, these individuals were nominated twice, and the days that elapsed

while their first nominations were pending in the Senate are not included in the

calculation of the mean and median days to confirm a nomination. As a result, these

times are shorter than they would be otherwise. Adjusted figures are shown in the

table footnotes for comparison.

The second table of each profile identifies the department’s full-time positions

requiring Senate confirmation16 and the incumbents in those positions as of the end

of the 107th Congress. An incumbent’s name followed by “(A)” indicates an official

who is serving in an acting capacity. A blank space indicates that either the position

is vacant or current information about the position-holder was not available. The

table also includes the pay level for each position. For most presidentially appointed

positions requiring Senate confirmation, the pay levels fall under the Executive

Schedule, which ranges from level I ($171,900) for cabinet level offices to level V

($125,400) for the lowest-ranked positions.17

(...continued)

Time Positions in Executive Departments During the 105th Congress, by (name redacted);

and CRS Report RL30476, Presidential Appointments to Full-Time Positions in Executive

Departments During the 106th Congress, by (name redacted).

As noted above, the following full-time positions are not included in this report: U.S.

Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and

diplomatic positions in the Department of State; officer corps positions in the civilian

uniformed services of the National Oceanic and Atmospheric Administration in the

Department of Commerce, and of the Public Health Service in the Department of Health and

Human Services; and the officer corps in the military services.

These are salary rates in effect as of this writing. For information on pay for federal

(continued...)

CRS-9

Additional Appointment Information. Appendix A presents a table of all

nominations and recess appointments to positions in executive departments,

alphabetically organized and following a similar format to that of the department

appointment action tables. It identifies the agency involved and the dates of

nomination and confirmation. The table also indicates if a nomination was

confirmed, withdrawn, returned, or rejected. The mean and median numbers of days

taken to confirm a nomination are calculated as described above.

Appendix B provides a table with summary information on appointments and

nominations by department. For each of the 14 executive departments discussed in

this report, the table provides the number of positions, nominations, individual

nominees, confirmations, nominations returned, nominations withdrawn, and recess

appointments. The table also provides the mean and median numbers of days to

confirm a nomination. For convenience, adjusted means and medians, which include

the pre-August 2001 nominations, are provided in parentheses.

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

(...continued)

officials, see CRS Report 98-53, Salaries of Federal Officials: A Fact Sheet, by Sharon

Gressle.

CRS-10

Department of Agriculture (USDA)

Appointment Action During the 107th Congress

Confirmed

Days to

confirma

Nominee

Position

Nominated

Islam A. Siddiqui

Under Secy. - Marketing and Regulatory

Programs

01/05/01

Withdrawn 03/19/01b

Ann M. Veneman

Secretary

01/20/01

Lou Gallegos

Asst. Secy. - Administration

04/25/01

05/22/01

Mary K. Waters

Asst. Secy. - Congressional Relations

04/25/01

05/22/01

Eric M. Bost

Under Secy. - Food, Nutrition and

Consumer Services

04/30/01

05/22/01

William T. Hawks

Under Secy. - Marketing and Regulatory

Programs

04/30/01

05/22/01

Joseph J. Jen

Under Secy. - Research, Education, and

Economics

04/30/01

07/12/01

J. B. Penn

Under Secy. - Farm and Foreign

Agricultural Services

04/30/01

05/22/01

Thomas C. Dorr

Under Secy. - Rural Development

04/30/01

Returned 08/03/01c

James R. Moseley

Deputy Secretary

06/19/01

07/12/01

Hilda G. Legg

Admin. - Rural Utilities Service

06/21/01

Returned 08/03/01c

Mark E. Rey

Under Secy. - Natural Resources and

Environ.

06/21/01

Returned 08/03/01c

Elsa A. Murano

Under Secy. - Food Safety

08/03/01

Returned 08/03/01c

Mark E. Rey

Under Secy. - Natural Resources and

Environment

09/04/01

09/26/01

Thomas C. Dorr

Under Secy. - Rural Development

09/04/01

Returned 11/20/02d

Elsa A. Murano

Under Secy. - Food Safety

09/04/01

09/26/01

Hilda G. Legg

Admin. - Rural Utilities Service

09/04/01

09/26/01

Edward R. McPherson

Chief Financial Officer

09/12/01

09/26/01

Nancy S. Bryson

General Counsel

12/20/01

03/22/02

Phyllis K. Fong

Inspector General

03/14/02

11/14/02

213

Thomas C. Dorr

Under Secy. - Rural Development

Thomas C. Dorr

Under Secy. - Rural Development

Recess Appointment 08/06/02e

09/30/02

Returned 11/20/02d

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

CRS-11

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Rey’s and Legg’s totals would each be 65. Murano’s total would be unchanged, since no days elapsed during her

first nomination. The mean number of days to confirm a nomination for the department would then be 47. The

median would be 25.

b. Nominated by President Clinton and withdrawn by President Bush.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

d. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

e. Recess appointment expires at the end of the first session of the 108th Congress.

Positions and Incumbents in the Department of Agriculture

Positions

Incumbent

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

Assistant Secretary - Administration

Assistant Secretary - Congressional Relations

Chief Financial Officerb

General Counsel

Inspector Generalc

Administrator - Rural Utilities Services

Ann M.Veneman

James R. Moseley

J. B. Penn

Eric M. Bost

Elsa A. Murano

William T. Hawks

Mark E. Rey

Joseph J. Jen

Thomas C. Dorra

Lou Gallegos

Mary K. Waters

Edward R. McPherson

Nancy S. Bryson

Phyllis K. Fong

Hilda G. Legg

Level

III

a. Recess appointee. Appointment expires at the end of the first session of the 108th Congress.

b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

CRS-12

Department of Commerce (DOC)

Appointment Action During the 107th Congress

Days to

confirma

Nominee

Position

Nominated

Confirmed

James Dorskind

General Counsel

01/05/01

Withdrawn 03/19/01b

Elwood Holstein, Jr.

Asst. Secy. - Oceans and Atmosphere

01/05/01

Withdrawn 03/19/01b

Donald L. Evans

Secretary

01/20/01

Kenneth I. Juster

Under Secy. - Export Administration

03/15/01

05/10/01

Faryar Shirzad

Asst. Secy. - Import Administration

03/22/01

05/01/01

Grant D. Aldonas

Under Secy. - International Trade

Administration

03/29/01

05/10/01

Brenda L. Becker

Asst. Secy. - Legislative and Governmental

Affairs

03/29/01

05/03/01

Theodore W. Kassinger

General Counsel

04/04/01

05/03/01

Maria Cino

Asst. Secy. and Director General - U.S. and

Foreign Commercial Service

04/06/01

05/25/01

James J. Jochum

Asst. Secy. - Export Administration

04/30/01

05/16/01

Bruce P. Mehlman

Asst. Secy. - Technology Policy

04/30/01

05/25/01

David A. Sampson

Asst. Secy. - Economic Development

04/30/01

08/03/01

Kathleen B. Cooper

Under Secy. - Economic Affairs

04/30/01

05/25/01

William H. Lash III

Asst. Secy. - Market Access and Compliance

05/08/01

07/19/01

James E. Rogan

Under Secy. - Intellectual Property and

Dir. - U.S. Patent and Trademark

05/24/01

Returned 08/03/01c

Samuel W. Bodman

Deputy Secretary

06/18/01

07/19/01

Michael J. Garcia

Asst. Secy. - Export Enforcement

06/18/01

08/03/01

Nancy Victory

Asst. Secy. - Communications and Information

06/26/01

08/03/01

Linda M. Conlin

Asst. Secy. - Trade Development

06/28/01

08/03/01

Otto Wolff

Asst. Secy. - Administration

07/12/01

08/03/01

Otto Wolff

Chief Financial Officer

07/12/01

08/03/01

Phillip J. Bond

Under Secy. - Technology

09/04/01

10/23/01

James E. Rogan

Under Secy. - Intellectual Property and

Dir. - U.S. Patent and Trademark

09/04/01

11/30/01

Conrad C. Lautenbacher, Under Secy. - Oceans and Atmosphere

Jr.

10/16/01

11/30/01

Arden Bement, Jr.

10/23/01

11/30/01

Charles Louis Kincannon Director - Census

11/15/01

03/13/02

James R. Mahoney

12/04/01

03/22/02

Director - National Institute of Standards and

Technology

Asst. Secy. - Oceans and Atmosphere

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days Rogan’s first (pre-recess) nomination was pending in the Senate were included in his total, it

would be 158. The mean number of days to confirm a nomination for the department would then be 47. The

median would be unchanged.

CRS-13

b. Nominated by President Clinton and withdrawn by President Bush.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Positions and Incumbents in the Department of Commerce

Positionsa

Incumbent

Secretary

Deputy Secretary

Under Secretary - Economic Affairs

Under Secretary - Export Administration

Under Secretary - Intellectual Property and Dir. - Patents &

Trademark

Under Secretary - International Trade Administration

Under Secretary - Oceans and Atmosphere

Under Secretary - Technology

Asst. Secy. - Administration and Chief Financial Officerb

Asst. Secy. - Communications and Information

Asst. Secy. - Economic Development

Asst. Secy. - Export Administration

Asst. Secy. - Export Enforcement

Asst. Secy. - Import Administration

Asst. Secy. - Legislative and Intergovernmental Affairs

Asst. Secy. - Market Access and Compliance

Asst. Secy. - Oceans and Atmosphere

Asst. Secy. - Technology Policy

Asst. Secy. - Trade Development

Asst. Secy. and Dir. Gen. - U.S. and Foreign Commercial Service

Director - Bureau of the Census

Director - National Institute of Standards and Technology

General Counsel

Inspector Generalc

Chief Scientist - National Oceanic and Atmospheric Administration

Donald L. Evans

Samuel W. Bodman

Kathleen B. Cooper

Kenneth I. Juster

James E. Rogan

III

Grant D. Aldonas

Conrad C. Lautenbacher, Jr.

Phillip J.Bond

Otto Wolff

Nancy Victory

David A. Sampson

James J. Jochum

Lisa A. Prager (A)

Faryar Shirzad

Brenda L. Becker

William H. Lash III

James R. Mahoney

Bruce P. Mehlman

Linda M. Conlin

Maria Cino

Charles Louis Kincannon

Arden Bement, Jr.

Theodore W. Kassinger

Johnnie E. Frazierd

—

III

Level

(A) - Acting

a. Does not include positions in the officer corps of the National Oceanic and Atmospheric Administration, except for

the chief scientist position.

b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

d. The incumbent has been held over from the previous administration.

CRS-14

Department of Defense (DOD)

Appointment Action During the 107th Congress

Nominee

Positions

Nominated

Confirmed

Days to

confirma

Donald H. Rumsfeld

Secretary

01/20/01

Paul D. Wolfowitz

Deputy Secretary

02/15/01

02/28/01

Dov S. Zakheim

Under Secy. - Comptroller

03/13/01

05/01/01

Charles S. Abell

Asst. Secy. - Force Management Policy

03/29/01

05/03/01

Victoria Clarke

Asst. Secy. - Public Affairs

04/05/01

05/17/01

Powell A. Moore

Asst. Secy. - Legislative Affairs

04/23/01

05/01/01

William J. Haynes II

General Counsel

04/23/01

05/17/01

Edward C. Aldridge, Jr.

Under Secy. - Acquisition , Technology,

and Logistics

04/23/01

05/08/01

Douglas J. Feith

Under Secy. - Policy

04/30/01

07/12/01

David S. C. Chu

Under Secy. - Personnel and Readiness

04/30/01

05/26/01

Gordon England

Secretary - Navy

04/30/01

05/22/01

Thomas E. White

Secretary - Army

05/01/01

05/24/01

Jack D. Crouch II

Asst. Secy. - International Security Policy

05/07/01

08/01/01

James G. Roche

Secretary - Air Force

05/07/01

05/24/01

Susan M. Livingstone

Under Secy. - Navy

05/07/01

07/19/01

Peter W. Rodman

Asst. Secy. - International Security Affairs

05/14/01

07/12/01

Thomas P. Christie

Director - Operational Testing and

Evaluation

05/24/01

07/12/01

Diane K. Morales

Dep. Under Secy. - Logistics and Materiel

Readiness

06/05/01

07/12/01

Steven J. Morello, Sr.

General Counsel - Army

06/05/01

07/12/01

William A. Navas, Jr.

Asst. Secy. - Navy - Manpower and Reserve

Affairs

06/07/01

07/12/01

Michael Montelongo

Asst. Secy. - Air Force - Financial

Management and Comptroller

06/12/01

07/12/01

Reginald J. Brown

Asst. Secy. - Army - Manpower and

Reserve Affairs

06/12/01

07/12/01

John J. Young, Jr.

Asst. Secy. - Navy - Research,

Development, and Acquisition

06/12/01

07/12/01

Alberto J. Mora

General Counsel - Navy

06/12/01

07/19/01

Stephen A. Cambone

Dep. Under Secy. - Policy

06/12/01

07/19/01

Michael W. Wynne

Dep. Under Secy. - Acquisition and

Technology

06/12/01

07/12/01

CRS-15

Nominated

Confirmed

Days to

confirma

Asst. Secy. - Navy - Financial Management

and Comptroller

06/12/01

07/12/01

Joseph E. Schmitz

Inspector General

06/18/01

Returned 08/03/01c

Michael Parker

Asst. Secy. - Army - Civil Works

06/19/01

Returned 08/03/01c

H. T. Johnson

Asst. Secy. - Navy - Installations and

Environment

06/28/01

08/03/01

John P. Stenbit

Asst. Secy. - Command, Control,

Communications, and Intelligence

07/12/01

08/03/01

Michael L. Dominguez

Asst. Secy. - Air Force - Manpower and

Reserve Affairs

07/12/01

08/03/01

Nelson F. Gibbs

Asst. Secy. - Air Force - Installations and

Environment

07/12/01

08/03/01

Mario P. Fiori

Asst. Secy. - Army - Installations and

Environment

07/12/01

08/03/01

Ronald M. Sega

Director - Defense Research and

Engineering

07/12/01

08/03/01

Marvin R. Sambur

Asst. Secy. - Air Force - Acquisition

07/31/01

Returned 08/03/01c

Richard B. Myers

Chairman - Joint Chiefs of Staff

09/04/01

09/26/01

Peter Pace

Vice Chairman - Joint Chiefs of Staff

09/04/01

09/26/01

Marvin R. Sambur

Asst. Secy. - Air Force - Acquisition

09/04/01

11/08/01

Michael Parker

Asst. Secy. - Army - Civil Works

09/04/01

09/26/01

Joseph E. Schmitz

Inspector General

09/04/01

03/21/02

165

Michelle Van Cleave

Asst. Secy. - Special Operations and LowIntensity Conflict

09/21/01

Withdrawn 10/25/01

William Winkenwerder, Jr.

Asst. Secy. - Health Affairs

09/21/01

10/16/01

Mary L. Walker

General Counsel - Air Force

09/25/01

11/08/01

Sandra L. Pack

Asst. Secy. - Army - Financial Management

and Comptroller

10/10/01

11/08/01

Dale Klein

Asst. to the Secy. - Nuclear, Chemical, and

Biological Defense Programs

10/18/01

11/08/01

R. L. Brownlee

Under Secy. - Army

10/30/01

11/08/01

Peter B. Teets

Under Secy. - Air Force

10/30/01

12/08/01

Claude M. Bolton, Jr.

Asst. Secy. - Army - Acquisitions, Logistics,

and Technology

11/08/01

12/20/01

Charles S. Abell

Dep. Under Secy. - Personnel and

Readiness

03/20/02

11/12/02

205

Thomas F. Hall

Asst. Secy. - Reserve Affairs

04/22/02

10/02/02

131

Nominee

Positions

Dionel M. Aviles

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

CRS-16

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Sambur’s total would be 68, Parker’s total would be 67, Schmitz’ total would be 211 and the mean number of days

to confirm a nomination for the department would be 43. The median would be unchanged.

b. P.L. 107-107, Sec. 901 created the position of Dep. Under Secy. of Personnel and Readiness and reduced the number

of assistant secretaries of defense from nine to eight. The position of Asst. Sec. for Force Management Policy was

discontinued. As shown, Charles S. Abell was nominated and confirmed first to Asst. Sec. for Force Management

Policy and later to Dep. Under Secy. of Personnel and Readiness.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Positions and Incumbents in the Department of Defense

Positions

Incumbent

Level

Secretary

Deputy Secretary

Under Secretary - Acquisition, Technology, and Logistics

Under Secretary - Comptroller and Chief Financial Officera

Under Secretary - Policy

Under Secretary - Personnel and Readiness

Deputy Under Secy. - Logistics and Materiel Readiness

Deputy Under Secy. - Acquisition and Technology

Deputy Under Secy. - Policy

Deputy Under Secy. - Personnel/Readinessb

Asst. Secy. - Command, Control, Communications, and Intelligence

Asst. Secy. - Health Affairs

Asst. Secy. - Legislative Affairs

Asst. Secy. - International Security Policy

Asst. Secy. - Public Affairs

Asst. Secy. - Reserve Affairs

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

Asst. Secy. - International Security Affairs

Director - Defense Research and Engineering

Director - Operational Testing and Evaluation

General Counsel

Inspector Generalc

Asst. to the Secy. - Nuclear, Chemical, and Biological Defense

Programs

Donald H. Rumsfeld

Paul D. Wolfowitz

Edward C. Aldridge, Jr.

Dov S. Zakheim

Douglas J. Feith

David S. C. Chu

Diane K. Morales

Michael W. Wynne

—

Charles S. Abell

John P. Stenbit

William Winkenwerder, Jr.

Powell A. Moore

Jack D. Crouch II

Victoria Clarke

Thomas F. Hall

—

Peter W. Rodman

Ronald M. Sega

Thomas P. Christie

William J. Haynes II

Joseph E. Schmitz

Dale Klein

III

James G. Roche

Peter B. Teets

Marvin R. Sambur

Michael Montelongo

Michael L. Dominguez

Nelson F. Gibbs

Mary L. Walker

Thomas E. White

R. L. Brownlee

R. L. Brownlee (A)

Sandra L. Pack

Mario P. Fiori

Reginald J. Brown

Claude M. Bolton, Jr.

Steven J. Morello, Sr.

Department of the Air Force

Secretary

Under Secretary

Asst. Secy. - Acquisition

Asst. Secy. - Financial Management and Comptroller

Asst. Secy. - Manpower, Reserve Affairs, and Installations

Asst. Secy. - Installations and Environment

General Counsel

Department of the Army

Secretary

Under Secretary

Asst. Secy. - Civil Works

Asst. Secy. - Financial Management and Comptroller

Asst. Secy. - Installations and Environment

Asst. Secy. - Manpower and Reserve Affairs

Asst. Secy. - Acquisition, Logistics, and Technology

General Counsel

CRS-17

Department of the Navy

Secretary

Under Secretary

Asst. Secy. - Financial Management and Comptroller

Asst. Secy. - Installations and Environment

Asst. Secy. - Manpower and Reserve Affairs

Asst. Secy. - Research, Development, and Acquisition

General Counsel

Gordon England

Susan M. Livingstone

Dionel M. Aviles

H. T. Johnson

William A. Navas, Jr.

John J. Young, Jr.

Alberto J. Mora

Joint Chiefs of Staffd

Chairman

Vice Chairman

Chief of Staff (Air Force)

Chief of Staff (Army)

Chief of Naval Operations

Commandant of the Marine Corps

General Richard B. Myers (Air Force)

General Peter Pace (Marine Corps)

General John P. Jumper

General Eric K. Shinseki

Admiral Vernon E. Clark

General James L. Jones

(A) - Acting

a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

b. P.L. 107-107, Sec. 901 created the position of Dep. Under Secy. of Personnel and Readiness and reduced the number

of assistant secretaries of defense from nine to eight. The position of Asst. Sec. for Force Management Policy was

discontinued. As shown, Charles S. Abell was nominated and confirmed first to Asst. Sec. for Force Management

Policy and later to Dep. Under Secy. of Personnel and Readiness.

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

d. Chairman and vice chairman serve two-year terms; other members serve four-year terms. The appointment dates for

each member are as follows: General Myers, Oct. 1, 2001; General Pace, Oct. 1, 2001; General Jumper, Sept. 6,

2001; General Shinseki, June 21, 1999; Admiral Clark, July 21, 2000; and General Jones, July 1, 1999.

CRS-18

Department of Education (ED)

Appointment Action During the 107th Congress

Nominated

Confirmed

Days to

confirma

Nominee

Position

Judith A. Winston

Under Secretary

01/05/01

Withdrawn 03/19/01b

Roderick R. Paige

Secretary

01/20/01

William D. Hansen

Deputy Secretary

04/23/01

05/22/01

Grover J. Whitehurst

Asst. Secy. - Educational Research and

Improvement

04/30/01

07/12/01

Brian Jones

General Counsel

04/30/01

Returned 08/03/01c

Eugene W. Hickok, Jr.

Under Secretary

04/30/01

07/10/01

Susan B. Neuman

Asst. Secy. - Elementary and Secondary

Education

04/30/01

07/12/01

Rebecca O. Campoverde Asst. Secy. - Legislation and Congressional

Affairs

06/05/01

07/12/01

Laurie Rich

Asst. Secy. - Intergovernmental and

Interagency Affairs

06/12/01

07/19/01

Robert Pasternack

Asst. Secy. - Special Education and

Rehabilitative Services

06/21/01

07/19/01

Joanne M. Wilson

Commissioner - Rehabilitation Services

Administration

06/21/01

07/19/01

Carol D’Amico

Asst. Secy. - Vocational and Adult

Education

06/29/01

07/19/01

Brian Jones

General Counsel

09/04/01

09/14/01

Gerald Reynolds

Asst. Secy. - Civil Rights

09/25/01

Returned 11/20/02d

Jack Martin

Chief Financial Officer

11/05/01

01/25/02

William Leidinger

Asst. Secy. - Management

12/20/01

02/12/02

Sally Stroup

Asst. Secy. - Postsecondary Education

02/11/02

03/15/02

Gerald Reynolds

Asst. Secy. - Civil Rights

Gerald Reynolds

Asst. Secy. - Civil Rights

05/16/02

Returned 11/20/02d

John P. Higgins, Jr.

Inspector General

09/18/02

11/14/02

Recess appointment 03/29/02e

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days Jones’s first (pre-recess) nomination was pending in the Senate were included in these figures,

his total would be 105. The mean number of days to confirm a nomination for the department would then be 44.

The median would be 37.

b. Nominated by President Clinton and withdrawn by President Bush.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

d. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

CRS-19

e. Recess appointment expires at the end of the first session of the 108th Congress.

Positions and Incumbents in the Department of Education

Positions

Incumbent

Secretary

Deputy Secretary

Under Secretary

Chief Financial Officera

Asst. Secy. - Management

Asst. Secy. - Civil Rights

Asst. Secy. - Educational Research and Improvement

Asst. Secy. - Elementary and Secondary Education

Asst. Secy. - Intergovernmental and Interagency Affairs

Asst. Secy. - Legislation and Congressional Affairs

Asst. Secy. - Postsecondary Education

Asst. Secy. - Special Education and Rehabilitative Services

Asst. Secy. - Vocational and Adult Education

Commissioner - Education Statisticsc

General Counsel

Inspector Generald

Commissioner - Rehabilitation Services Administration

Roderick R. Paige

William D. Hansen

Eugene W. Hickok, Jr.

Jack Martin

William Leidinger

Gerald Reynoldsb

Grover J. Whitehurst

—

Laurie Rich

—

Sally Stroup

Robert Pasternack

Carol D’Amico

—

Brian Jones

John P. Higgins, Jr.

Joanne M. Wilson

Level

III

a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

b. Recess appointee. Appointment expires at the end of the first session of the 108th Congress.

c. Four-year fixed-term position (20 U.S.C. 9002(b)(1)).

d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials

in the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for

any such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

CRS-20

Department of Energy (DOE)

Appointment Action During 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirma

Spencer Abraham

Secretary

01/20/01

Bruce M. Carnes

Chief Financial Officer

04/23/01

05/25/01

Lee S. L. Otis

General Counsel

04/25/01

05/24/01

David Garman

Asst. Secy. - Energy Efficiency and Renewable

Energy

04/30/01

05/25/01

Jessie H. Roberson

Asst. Secy. - Environmental Management

04/30/01

07/12/01

Francis S. Blake

Deputy Secretary

04/30/01

05/25/01

Robert G. Card

Under Secy. - Energy, Science, and

Environment

05/02/01

05/25/01

Vicky A. Bailey

Asst. Secy. - International Affairs and

Domestic Policy

06/05/01

07/12/01

Dan R. Brouillette

Asst. Secy. - Congressional and

Intergovernmental Affairs

06/28/01

08/01/01

Theresa

Alvillar-Speake

Director - Office of Minority Economic Impact

07/10/01

08/03/01

Linton F. Brooks

Dep. Admin. - Defense Nuclear

Nonproliferation, NNSAb

07/19/01

Returned 08/03/01c

Linton F. Brooks

Dep. Admin. - Defense Nuclear

Nonproliferation, NNSAb

09/04/01

10/16/01

Everet Beckner

Dep. Admin. - Defense Programs, NNSAb

09/25/01

01/25/02

Michael Smith

Asst. Secy. - Fossil Energy

10/02/01

01/25/02

Margaret S. Y. Chu

Dir. - Office of Civilian Radioactive Waste

Management

11/09/01

03/06/02

Beverly Cook

Asst. Secy. - Environment, Safety, and Health

11/15/01

01/25/02

Raymond L. Orbach

Dir. - Office of Science

12/11/01

03/04/02

Guy F. Caruso

Admin. - Energy Information Administration

02/05/02

07/26/02

171

Kyle E. McSlarrow

Deputy Secretary

05/01/02

11/14/02

165

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days Brooks’s first (pre-recess) nomination was pending in the Senate were included in these figures,

his total would be 57. The average number of days to confirm a nomination for the department would then be 58.

The median would be unchanged.

b. NNSA: National Nuclear Security Administration.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-21

Positions and Incumbents in the Department of Energy

Positions

Incumbent

Secretary

Deputy Secretary

Under Secretary - Energy, Science, and Environment

Under Secretary - Nuclear Securitya

Administrator - National Nuclear Security Administrationa (NNSA)

Deputy Admin. - Defense Programs, NNSA

Deputy Admin. - Defense Nuclear Nonproliferation, NNSA

Administrator -Energy Information Administration

Asst. Secy. - Congressional and Intergovernmental Affairs

Asst. Secy. - Energy Efficiency and Renewable Energy

Asst. Secy. - Environment, Safety, and Health

Asst. Secy. - Environmental Management

Asst. Secy. - Fossil Energy

Asst. Secy. - International Affairs and Domestic Policy

Asst. Secy. - Nuclear Energy, Science, and Technology

Chief Financial Officerb

Director - Civilian Radioactive Waste Management

Director - Office of Minority Economic Impact

Director - Office of Science

General Counsel

Inspector Generalc

Spencer Abraham

Kyle E. McSlarrow

Robert G. Card

Linton F. Brooks (A)

Everet Beckner

Linton F. Brooks

Guy F. Caruso

—

David Garman

Beverly Cook

Jessie H. Roberson

Michael Smith

Vicky A. Bailey

—

Bruce M. Carnes

Margaret S. Y. Chu

Theresa Alvillar-Speake

Raymond L. Orbach

Lee S. L. Otis

Gregory H. Freidmand

Level

III

(A) - Acting

a. The under secretary serves as the administrator of the National Nuclear Security Administration.

b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

d. The incumbent has been held over from the previous administration.

CRS-22

Department of Health and Human Services (HHS)

Appointment Action During the 107th Congress

Position

Nominated

Confirmed

Days to

confirma

Tommy G. Thompson Secretary

01/20/01

01/24/01

Piyush Jindal

Asst. Secy. - Planning and Evaluation

04/06/01

05/25/01

Wade F. Horn

Asst. Secy. - Children and Families

04/06/01

07/25/01

110

Scott Whitaker

Asst. Secy. - Legislation

04/06/01

05/01/01

Claude A. Allen

Deputy Secretary

04/25/01

05/26/01

Kevin Keane

Asst. Secy. - Public Affairs

04/30/01

07/19/01

Thomas Scully

Administrator - Centers for Medicare &

Medicaid Services

04/30/01

05/25/01

Janet Hale

Asst. Secy. - Budget, Technology, and Finance

05/22/01

Returned 08/03/01b

Janet Rehnquist

Inspector General

06/05/01

08/03/01

Alex Azar II

General Counsel

06/07/01

08/03/01

Josefina Carbonell

Asst. Secy. - Aging

06/08/01

08/01/01

Joan E. Ohl

Commissioner - Children, Youth, and Families

07/10/01

Returned 08/03/01b

Janet Hale

Asst. Secy. - Budget, Technology, and Finance

09/04/01

01/25/02

110

Joan E. Ohl

Commissioner - Children, Youth, and Families

09/04/01

01/25/02

110

Charles Curie

Administrator - Substance Abuse and Mental

Health Services Administration

10/02/01

10/25/01

Eve Slater

Asst. Secy. - Public Health and Science

12/20/01

01/25/02

Elias A. Zerhouni

Director - National Institutes of Health

04/29/02

05/02/02

Richard H. Carmona

Surgeon General

06/25/02

07/23/02

Quanah C. Stamps

Commissioner - Administration for Native

Americans

07/09/02

11/14/02

Mark B. McClellan

Commissioner - Food and Drug Administration

10/02/02

10/17/02

Nominee

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Hale’s total would be 183 and Ohl’s total would be 134. The mean number of days to confirm a nomination would

then be 54. The median would be unchanged.

b. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-23

Positions and Incumbents in the Department of Health and Human Services

Positions

Incumbent

Level

Secretary

Deputy Secretary

Administrator - Centers for Medicare & Medicaid Services

Administrator - Substance Abuse and Mental Health Services

Administration

Asst. Secy. - Administration on Aging

Asst. Secy. - Administration on Children and Families

Asst. Secy. - Legislation

Asst. Secy. - Budget, Technology, and Finance and Chief Financial

Officera

Asst. Secy. - Planning and Evaluation

Asst. Secy. - Public Affairs

Asst. Secy. - Public Health and Science

Commissioner - Food and Drug Administration

Director - National Institutes of Health

General Counsel

Inspector Generalb

Commissioner - Children, Youth, and Families

Commissioner - Administration for Native Americans

Director - Indian Health Servicesc

Surgeon Generald

Tommy G. Thompson

Claude A. Allen

Thomas Scully

Charles Curie

Josefina Carbonell

Wade F. Horn

Scott Whitaker

Janet Hale

Piyush Jindal

Kevin Keane

Eve Slater

Mark B. McClellan

Elias A. Zerhouni

Alex Azar II

Janet Rehnquist

Joan E. Ohl

Quanah C. Stamps

Charles W. Grim (A)

Richard H. Carmona

(A) - Acting

a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)). Department representatives have indicated that positions have been combined as

noted in the table.

b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials

in the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for

any such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

c. Four-year term of office (25 U.S.C. 1661(a) note).

d. Four-year term of office; by law, Surgeon General must be appointed from the regular corps of the Public Health

Service (42 U.S.C. 205). Carmona was confirmed by the Senate on July 23, 2002.

CRS-24

Department of Housing and Urban Development (HUD)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirma

Melquiades R. Martinez

Secretary

01/20/01

01/23/01

Alphonso R. Jackson

Deputy Secretary

04/30/01

05/24/01

Roy A. Bernardi

Asst. Secy. - Community Planning and

Development

04/30/01

05/24/01

John C. Weicher

Asst. Secy. - Housing and Federal Housing

Commissr.

04/30/01

05/24/01

Richard A. Hauser

General Counsel

04/30/01

05/24/01

Angela M. Antonelli

Chief Financial Officer

05/16/01

07/12/01

Ronald A. Rosenfeld

Pres. - Government National Mortgage

Association

05/23/01

07/12/01

Michael M. F. Liu

Asst. Secy. - Public and Indian Housing

06/21/01

08/03/01

Melody H. Fennel

Asst. Secy. - Congressional and

Intergovernmental Relations

07/10/01

08/03/01

Kenneth M. Donohue, Sr. Inspector General

07/25/01

Returned 08/03/01b

Kenneth M. Donohue, Sr. Inspector General

09/04/01

03/22/02

166

Vickers B. Meadows

Asst. Secy. - Administration

11/15/01

03/22/02

Diane L. Tomb

Asst. Secy. - Public Affairs

11/27/01

03/22/02

Alberto F. Trevino

Asst. Secy. - Policy Development and

Research

04/29/02

11/12/02

165

Carolyn Y. Peoples

Asst. Secy. - Fair Housing and Equal

Opportunity

06/07/02

11/12/02

126

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Donohue’s total would be 175. The mean and median number of days to confirm a nomination would remain the

same.

b. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-25

Positions and Incumbents in the

Department of Housing and Urban Development

Positions

Incumbent

Secretary

Deputy Secretary

Director - Office of Federal Housing Enterprise Oversighta

Asst. Secy. - Administration

Asst. Secy. - Community Planning and Development

Asst. Secy. - Congressional and Intergovernmental Relations

Asst. Secy. - Fair Housing and Equal Opportunity

Asst. Secy. - Housing and Federal Housing Commissioner

Asst. Secy. - Policy Development and Research

Asst. Secy. - Public Affairs

Asst. Secy. - Public and Indian Housing

Chief Financial Officerb

General Counsel

Inspector Generalc

President - Government National Mortgage Association

Melquiades R. Martinez

Alphonso R. Jackson

Armando Falcon, Jr.

Vickers B. Meadows

Roy A. Bernardi

—

Carolyn Y. Peoples

John C. Weicher

Alberto F. Trevino

Diane L. Tomb

Michael M. F. Liu

Angela M. Antonelli

Richard A. Hauser

Kenneth M. Donohue, Sr.

Ronald A. Rosenfeld

Level

a. Five-year term of office (12 U.S.C. 4512(a)(4)). Falcon was confirmed by the Senate on Sept. 29, 1999.

b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

CRS-26

Department of the Interior (DOI)

Appointment Action During the 107th Congress

Days to

confirma

Nominee

Position

Nominated

Confirmed

Kenneth L. Smith

Asst. Secy. - Fish, Wildlife and Parks

01/05/01

Withdrawn 03/19/01b

Gale A. Norton

Secretary

01/20/01

01/30/01

J. Steven Griles

Deputy Secretary

04/30/01

07/12/01

Patricia L. Scarlett

Asst. Secy. - Policy, Management, and

Budget

05/14/01

07/12/01

Neal A. McCaleb

Asst. Secy. - Indian Affairs

05/22/01

06/29/01

William G. Myers III

Solicitor

05/23/01

07/12/01

Bennett W. Raley

Asst. Secy. - Water and Science

05/24/01

07/12/01

Frances P. Mainella

Director - National Park Service

06/14/01

07/12/01

John W. Keys III

Commissioner - Bureau of Reclamation

06/14/01

07/12/01

Jeffrey D. Jarrett

Dir. - Office of Surface Mining

Reclamation and Enforcement

07/18/01

Returned 08/03/01c

Harold C. Manson

Asst. Secy. - Fish, Wildlife, and Parks

09/04/01

01/25/02

110

Jeffrey D. Jarrett

Dir. - Office of Surface Mining

Reclamation and Enforcement.

09/04/01

01/25/02

110

Steven A. Williams

Dir. - Fish and Wildlife Service

09/25/01

01/29/02

Kathleen B. Clarke

Dir. - Bureau of Land Management

10/18/01

12/20/01

Rebecca W. Watson

Asst. Secy. - Land and Minerals

Management

11/07/01

01/25/02

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Jarrett’s total would be 126. The mean number of days to confirm a nomination would be 59, and the median

would remain the same.

b. Nominated by President Clinton and withdrawn by President Bush.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-27

Positions and Incumbents in the Department of the Interior

Positions

Incumbent

Level

Secretary

Deputy Secretary

Asst. Secy. - Fish, Wildlife, and Parks

Asst. Secy. - Indian Affairs

Asst. Secy. - Land and Minerals Management

Asst. Secy. - Policy, Management, and Budget and Chief Financial

Officerb

Asst. Secy. - Territories and International Affairsa

Asst. Secy. - Water and Science

Chairman - National Indian Gaming Commissionc

Inspector Generald

Solicitor

Director - National Park Service

Director - Office of Surface Mining Reclamation and Enforcement

Commissioner - Bureau of Reclamation

Director - Bureau of Land Management

Director - U.S. Fish and Wildlife Service

Director - U.S. Geological Survey

Special Trustee - Office of Special Trustee for American Indians

Commissioner - Indian Affairsf

Gale A. Norton

J. Steven Griles

Harold C. Manson

Aurene M. Martin (A)

Rebecca W. Watson

Patricia L. Scarlett

—

Bennett W. Raley

—

Earl E. Devaneye

William G. Myers III

Frances P. Mainella

Jeffrey D. Jarrett

John W. Keys III

Kathleen B. Clarke

Steven A. Williams

Charles Groate

Donna M. Erwin (A)

—

(A) - Acting

a. Position is unfunded and has been vacant since 1995.

b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

c. Three-year term of office; incumbent may be removed only for neglect of duty or malfeasance in office, or for other

good cause (25 U.S.C. 704(b)).

d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials

in the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for

any such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

e. The incumbent has been held over from the previous administration.

f. Position has been vacant since 1981. The Acting Deputy Commissioner of the Bureau of Indian Affairs is Terry

Virden.

CRS-28

Department of Justice (DOJ)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirma

John Ashcroft

Attorney General

01/29/01

02/01/01

Theodore B. Olson

Solicitor General

03/13/01

05/24/01

Larry D. Thompson

Deputy Attorney General

03/22/01

05/10/01

Daniel J. Bryant

Asst. Atty. General - Legislative Affairs

03/28/01

05/10/01

Charles A. James, Jr.

Asst. Atty. General - Antitrust Division

04/06/01

06/14/01

Viet D. Dinh

Asst. Atty. General - Office of Legal Policy

04/23/01

05/24/01

John W. Gillis

Dir. - Office for Victims of Crime

04/30/01

Returned 08/03/01b

Michael Chertoff

Asst. Atty. General - Criminal Division

04/30/01

05/24/01

Ralph F. Boyd, Jr.

Asst. Atty. General - Civil Rights Division

04/30/01

07/20/01

Robert D. McCallum

Asst. Atty. General - Civil Division

04/30/01

08/03/01

Thomas L. Sansonetti

Asst. Atty. General - Environment and Natural

Resources

05/22/01

Returned 08/03/01b

J. Robert Flores

Admin. - Office of Juvenile Justice and

Delinquency Prevention

05/23/01

Returned 08/03/01b

Sarah V. Hart

Dir. - National Institute of Justice

05/24/01

08/02/01

Eileen J. O’Connor

Asst. Atty. General - Tax Division

05/24/01

07/20/01

Deborah J. Daniels

Asst. Atty. General - Office of Justice Programs

06/05/01

Returned 08/03/01b

Richard R. Nedelkoff

Dir. - Bureau of Justice Assistance

06/05/01

Returned 08/03/01b

James W. Ziglar

Commissioner. - Immigration and Naturalization

Service

06/12/01

07/31/01

Asa Hutchinson

Administrator of Drug Enforcement

06/12/01

08/01/01

Sharee M. Freeman

Dir. - Community Relations Service

06/19/01

Returned 08/03/01b

Robert S. Mueller III

Dir. - Federal Bureau of Investigation

07/18/01

08/02/01

Jay S. Bybee

Asst. Atty. General - Office of Legal Counsel

08/03/01

Returned 08/03/01b

Thomas L. Sansonetti

Asst. Atty. General - Environment and Natural

Resources

09/04/01

11/30/01

Deborah J. Daniels

Asst. Atty. General - Office of Justice Programs

09/04/01

09/21/01

Jay S. Bybee

Asst. Atty. General - Office of Legal Counsel

09/04/01

10/23/01

Richard R. Nedelkoff

Dir. - Bureau of Justice Assistance

09/04/01

09/14/01

John W. Gillis

Dir. - Office for Victims of Crime

09/04/01

09/14/01

Sharee M. Freeman

Dir. - Community Relations Service

09/04/01

11/06/01

J. Robert Flores

Admin. - Office of Juvenile Justice and

Delinquency Prevention

09/04/01

04/12/02

187

Jay B. Stephens

Associate Attorney General

09/10/01

11/08/01

Juan Carlos Benitez

Special Counsel - Immigration-Related

Unfair Employment Practices

09/12/01

11/06/01

Benigno G. Reyna

Director - U.S. Marshals Service

09/12/01

10/25/01

Lawrence A. Greenfeld

Director - Bureau of Justice Statistics

11/27/01

07/29/02

211

CRS-29

Nominee

Position

Nominated

Confirmed

Days to

confirma

John B. Brown III

Deputy Admin. - Drug Enforcement

Administration

02/11/02

04/12/02

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included, the following “days

to confirm” would change as follows: Sansonetti (158), Daniels (76), Nedelkoff (69), Gillis (105), Freeman (108)

and Flores (259). Bybee’s total would not change, since no days elapsed during the time his first nomination was

in the Senate. The mean number of days to confirm a nomination for the department would then be 75. The median

would be 60.

b. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-30

Positions and Incumbents in the Department of Justice

Positionsa

Incumbent

Attorney General

Deputy Attorney General

Director - Federal Bureau of Investigationb

Administrator of Drug Enforcement

Associate Attorney General

Solicitor General

Asst. Attorney General - Antitrust Division

Asst. Attorney General - Civil Division

Asst. Attorney General - Civil Rights Division

Asst. Attorney General - Criminal Division

Asst. Attorney General - Environment and Natural Resources

Asst. Attorney General - Legislative Affairs

Asst. Attorney General - Office of Justice Programs

Asst. Attorney General - Office of Legal Counsel

Asst. Attorney General - Office of Legal Policy

Asst. Attorney General - Tax Division

Administrator - Office of Juvenile Justice and Delinquency

Prevention

Commissioner - Immigration and Naturalization Service

Deputy Admin - Drug Enforcement Administration

Director - Bureau of Justice Assistance

Director - Bureau of Justice Statistics

Director - Community Relations Servicec

Director - National Institute of Justice

Director - Office for Victims of Crime

Director - U.S. Marshals Service

Inspector Generald

Special Counsel - Immigration-Related Unfair Employment Practicesf

John Ashcroft

Larry D. Thompson

Robert S. Mueller

Asa Hutchinson

Peter D. Keisler (A)

Theodore B. Olson

R. Hewitt Pate (A)

Robert D. McCallum

Ralph F. Boyd, Jr.

Michael Chertoff

Thomas L. Sansonetti

Daniel J. Bryant

Deborah J. Daniels

Jay S. Bybee

Viet D. Dinh

Eileen J. O’Connor

J. Robert Flores

III

Michael J. Garcia (A)

John B. Brown

Richard R. Nedelkoff

Lawrence A. Greenfield

Sharee M. Freeman

Sarah V. Hart

John W. Gillis

Benigno G. Reyna

Glenn Finee

Juan Carlos Benitez

Level

(A) - Acting

a. Does not include positions of U.S. attorney and U.S. marshal. The position of chief financial officer (CFO) is also not

listed here. Although the Department of Justice is included in the statute that provides presidentially appointed and

Senate-confirmed CFOs for all of the major executive branch agencies (31 U.S.C. 901(a)(1)), this provision is

superseded by 28 U.S.C. 507. The latter section provides that the Assistant Attorney General for Administration,

appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of

Justice. At the end of the 107th Cong., the Assistant Attorney General for Administration was Paul R. Corts. The

CFO for the Department of Justice was listed on the CFO Council Web site as Robert F. Diegelman (A).

([http://www.cfoc.gov/], visited Dec. 12, 2002).

b. Ten-year term; incumbent may not serve more than one 10-year term (28 U.S.C. 532 note). For more information on

the recent history of FBI director nominations, see CRS Report RS20963, Nomination and Confirmation of the

FBI Director: Process and Recent History, by (name redacted). Mueller was confirmed by the Senate on Aug.

2, 2001.

c. Four-year term (42 U.S.C. 2000g). Freeman was confirmed by the Senate on Nov. 6, 2001.

d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials

in the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for

any such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

e. The incumbent has been held over from the previous administration.

f. Four-year term (8 U.S.C. 1324b(3)). Benitez was confirmed by the Senate on Nov. 6, 2001.

CRS-31

Department of Labor (DOL)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirma

Elaine L. Chao

Secretary

01/29/01

Christpher T. Spear

Asst. Secy. - Policy

04/04/01

04/06/01

Kristine A. Iverson

Asst. Secy. - Congressional and

Intergovernmental Affairs

04/05/01

04/06/01

Patrick Pizzella

Asst. Secy. - Administration and Management

04/25/01

05/09/01

David D. Lauriski

Asst. Secy. - Mine Safety and Health

04/30/01

05/09/01

Eugene Scalia

Solicitor

04/30/01

Returned 08/03/01b

Ann L. Combs

Asst. Secy. - Pension and Welfare Benefits

Administration

04/30/01

05/09/01

Shinae Chun

Dir. - Women’s Bureau

04/30/01

05/09/01

D. Cameron Findlay

Deputy Secretary

04/30/01

05/25/01

John L. Henshaw

Asst. Secy. - OSHA

06/12/01

08/03/01

Emily S. DeRocco

Asst. Secy. - Employment and Training

Administration

07/10/01

08/03/01

Frederico Juarbe, Jr.

Asst. Secy. - Veterans’ Employment and

Training

08/03/01

Returned 08/03/01b

Eugene Scalia

Solicitor

09/04/01

Returned 11/20/02c

Frederico Juarbe, Jr.

Asst. Secy. - Veterans’ Employment and

Training

09/04/01

11/08/01

Tammy D. McCutchen

Admin. - Wage and Hour Division

09/14/01

12/08/01

W. Michael Cox

Assistant Secretary

10/18/01

Withdrawn 11/07/01

Samuel T. Mok

Chief Financial Officer

10/18/01

01/25/02

Eugene Scalia

Solicitor

Eugene Scalia

Solicitor

02/05/02

Returned 11/20/02c

Victoria A. Lipnic

Asst. Secy. - Employment Standards

Administration

02/27/02

03/22/02

W. Roy Grizzard, Jr.

Asst. Secy. - Disability Employment Policy

03/14/02

07/26/02

134

Kathleen M. Harrington Asst. Secy. - Office of Public Affairs

03/20/02

04/26/02

Kathleen P. Utgoff

03/21/02

07/26/02

127

Commissioner - Bureau of Labor Statistics

Recess appointment 01/11/02d

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days Juarbe’s first (pre-recess) nomination was pending in the Senate was included, the “days to

confirm” for his nomination would not change, because no days elapsed during the time his first nomination was

in the Senate. Consequently the mean and median also would not change.

b. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

CRS-32

c. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

d. This recess appointment was made on Jan. 11, 2002, between the end of the first session and the beginning of the

second session of the 107th Congress, and it expired at the end of the 107th Congress. For further information, see

notes to “Positions and Incumbents in the Department of Labor” (next table).

Positions and Incumbents in the Department of Labor

Positions

Incumbent

Secretary

Deputy Secretary

Asst. Secy. - Administration and Management

Asst. Secy. - Congressional and Intergovernmental Affairs

Asst. Secy. - Employment and Training Administration

Asst. Secy. - Employment Standards Administration

Asst. Secy. - Mine Safety and Health Administration

Asst. Secy. - Occupational Safety and Health Administration

Asst. Secy. - Office of Public Affairs

Asst. Secy. - Pension and Welfare Benefits Administration

Asst. Secy. - Policy

Asst. Secy. - Veterans’ Employment and Training

Asst. Secy. - Disability Employment Policy

Chief Financial Officera

Commissioner - Bureau of Labor Statisticsb

Inspector Generalc

Solicitor

Administrator - Wage and Hour Division

Director - Women’s Bureauf

Elaine L. Chao

D. Cameron Findlay

Patrick Pizzella

Kristine A. Iverson

Emily S. DeRocco

Victoria A. Lipnic

David D. Lauriski

John L. Henshaw

Kathleen M. Harrington

Ann L. Combs

Christopher T. Spear

Frederico Juarbe, Jr.

W. Roy Grizzard, Jr.

Samuel T. Mok

Kathleen P. Utgoff

Gordon S. Heddelld

Howard Radzely (A)e

Tammy D. McCutchen

Shinae Chun

Level

(A) - Acting

a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

b. Four-year term (29 U.S.C. 3).

c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

d. The incumbent has been held over from the previous administration.

e. As noted in the previous table, Eugene Scalia was recess appointed to this position on Jan. 11, 2001. The recess

appointment expired at the close of the 107th Congress. Several days before the appointment expired, Scalia was

appointed to a non-career Senior Executive Service position, Senior Advisor to the Secretary. With the position

of Solicitor technically vacant, the President then gave Scalia a temporary appointment to the position, on Nov.

22, 2002, under the provisions of the Vacancies Act (5 U.S.C. 3345(a)(3)). Under the Act, Scalia could have

served at least 210 days in this capacity. He resigned from the post on Jan. 6, 2003, and Howard Radzely became

acting solicitor on Jan. 7, 2003.

f. By statute, the incumbent must be a woman (29 U.S.C. 12).

g. Ungraded senior level position with a salary maximum equal to Executive Schedule Level IV.

CRS-33

Department of State (DOS)

Appointment Action During the 107th Congress

Days to

confirma

Nominee

Position

Nominated

Confirmed

Peter F. Romero

Asst. Secy. - Inter-American Affairs

01/05/01

Withdrawn 03/19/01b

James F. Dobbins

Asst. Secy. - European Affairs

01/05/01

Withdrawn 03/19/01b

Colin L. Powell

Secretary

01/20/01

Marc I. Grossman

Under Secy. - Political Affairs

03/08/01

03/23/01

Richard L. Armitage

Deputy Secretary

03/08/01

03/23/01

John R. Bolton

Under Secy. - Arms Control and

International Security Affairs

03/08/01

03/23/01

Grant S. Green, Jr.

Under Secy. - Management

03/08/01

03/28/01

William H. Taft IV

Legal Advisor

03/08/01

04/05/01

James A. Kelly

Asst. Secy. - East Asian and Pacific Affairs

04/03/01

04/26/01

Paula J. Dobriansky

Under Secy. - Global Affairs

04/04/01

04/26/01

Lincoln P. Bloomfield, Jr. Asst. Secy. - Political and Military Affairs

04/05/01

05/22/01

A. Elizabeth Jones

Asst. Secy. - European and Eurasian Affairs

04/23/01

05/25/01

Walter H. Kansteiner III

Asst. Secy. - African Affairs

04/30/01

05/25/01

Lorne W. Craner

Asst. Secy. - Democracy, Human Rights,

and Labor

04/30/01

05/25/01

William J. Burns

Asst. Secy. - Near Eastern Affairs

04/30/01

05/25/01

Ruth A. Davis

Director General - Foreign Service

04/30/01

05/25/01

Carl W. Ford, Jr.

Asst. Secy. - Intelligence and Research

04/30/01

05/25/01

Christina B. Rocca

Asst. Secy. - South Asian Affairs

04/30/01

05/25/01

Paul V. Kelly

Asst. Secy. - Legislative Affairs

05/14/01

05/25/01

John D. Negroponte

U.S. Representative - United Nations

05/14/01

Returned 08/03/01c

Pierre-Richard Prosper

Amb.-at-Large - War Crimes Issues

05/16/01

07/11/01

Francis X. Taylor

Coordinator - Counterterrorism

05/22/01

07/11/01

William A. Eaton

Asst. Secy. - Administration

06/05/01

07/11/01

Clark K. Ervin

Inspector General

06/14/01

08/01/01

Roger F. Noriega

U.S. Rep. - Organization of American States

06/26/01

08/01/01

Charlotte L. Beers

Under Secy. - Public Diplomacy and Public

Affairs

06/29/01

Returned 08/03/01c

Otto J. Reich

Asst. Secy. - Western Hemisphere Affairs

07/12/01

Returned 08/03/01c

Patricia Harrison

Asst. Secy. - Educational and Cultural

Affairs

07/23/01

Returned 08/03/01c

CRS-34

Confirmed

Days to

confirma

Nominee

Position

Nominated

John F. Turner

Asst. Secy. - Oceans and International

Environmental and Scientific Affairs

07/31/01

Returned 08/03/01c

Patricia Harrison

Asst. Secy. - Educational and Cultural

Affairs

09/04/01

09/26/01

Charlotte L. Beers

Under Secy. - Public Diplomacy and Public

Affairs

09/04/01

09/26/01

Otto J. Reich

Asst. Secy. - Western Hemisphere Affairs

09/04/01

Returned 12/20/01d

John F. Turner

Asst. Secy. - Oceans and International

Environmental and Scientific Affairs

09/04/01

10/30/01

John D. Negroponte

U.S. Representative - United Nations

09/04/01

09/14/01

John S. Wolf

Asst. Secy. - Non-proliferation

09/10/01

09/26/01

Patrick F. Kennedy

U.S. Alt. Rep. - U.N. Management and

Reform

10/02/01

10/12/01

Sichan Siv

U.S. Alt. Rep. - U.N. Economic and Social

Council

10/18/01

11/09/01

Christopher B. Burnham Chief Financial Officer

10/16/01

01/25/02

Christopher B. Burnham Asst. Secy. - Resource Management

10/30/01

01/25/02

Richard S. Williamson

U.S. Alt. Rep. - U.N. Special Political

Affairs

11/01/01

11/09/01

John V. Hanford III

Amb.-at-Large - International Religious

Freedom

11/07/01

01/25/02

Arthur E. Dewey

Asst. Secy. - Population, Refugees, and

Migration Affairs

11/15/01

01/25/02

Grant S. Green, Jr.

Dep. Secy. - Management and Resources

12/04/01

Returned 11/20/02e

Otto J. Reich

Asst. Secy. - Western Hemisphere Affairs

Otto J. Reich

Asst. Secy. - Western Hemisphere Affairs

02/26/02

Returned 11/20/02e

Stephen G. Rademaker

Asst. Secy. - Arms Control

03/04/02

08/01/02

150

Paula A. DeSutter

Asst. Secy. - Verification and Compliance

03/22/02

08/01/02

132

Kim R. Holmes

Asst. Secy. - International Organizations

09/03/02

11/14/02

Francis X. Taylor

Asst. Secy. - Diplomatic Security and

Director - Office of Foreign Missions

09/04/02

11/12/02

Maura A. Harty

Asst. Secy. - Consular Affairs

09/12/02

11/14/02

J. Cofer Black

Amb.-at-Large - Coordinator Counterterrorism

10/10/02

11/14/02

Recess appointment 01/11/02f

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, the

following “days to confirm” would change as noted: Harrison (33), Beers (57), Turner (59), and Negroponte (91).

CRS-35

The average number of days to confirm a nomination for the department would then be 40. The median would

be 33.

b. Nominated by President Clinton and withdrawn by President Bush.

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

d. This nomination was one of two excepted from the unanimous-consent agreement that prevented most nominations

from automatically being returned to the President at the end of the first session of the 107th Congress.

e. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

f. This recess appointment was made on Jan. 11, 2002, between the end of the first session and the beginning of the

second session of the 107th Congress, and it expired at the end of the 107th Congress.

Positions and Incumbents in the Department of State

Positionsa

Incumbent

Level

Department

Secretary

Deputy Secretary

Deputy Secretary - Management and Resources

Under Secy. - Economic, Business, and Agricultural Affairs

Under Secy. - Global Affairs

Under Secy. - Arms Control and International Security

Under Secy. - Management

Under Secy. - Political Affairs

Under Secy. - Public Diplomacy and Public Affairs

Ambassador-at-Large - International Religious Freedom

Ambassador-at-Large - Newly Independent States

Ambassador-at-Large - War Crimes

Ambassador-at-Large - Coordinator - Counterterrorism

Asst. Secy. - Administration

Asst. Secy. - African Affairs

Asst. Secy. - Arms Control

Asst. Secy. - Consular Affairs

Asst. Secy. - Democracy, Human Rights, and Labor

Asst. Secy. - Diplomatic Security and Director - Office of Foreign

Missions

Asst. Secy. - East Asia and Pacific Affairs

Asst. Secy. - Economic and Business Affairs

Asst. Secy. - Educational and Cultural Affairs

Asst. Secy. - European and Eurasian Affairs

Asst. Secy. - Intelligence and Research

Asst. Secy. - International Narcotics and Law Enforcement

Asst. Secy. - International Organizations

Asst. Secy. - Legislative Affairs

Asst. Secy. - Near Eastern Affairs

Asst. Secy. - Non-proliferation

Asst. Secy. - Oceans and International Environmental and Scientific

Affairs

Asst. Secy. - Political and Military Affairs

Asst. Secy. - Population, Refugee, and Migration Affairs

Asst. Secy. - Public Affairs

Asst. Secy. - South Asian Affairs

Asst. Secy. - Verification and Compliance

Asst. Secy. - Western Hemisphere Affairs

Asst. Secy. - Resource Management

Chief Financial Officerc

Colin L. Powell

Richard L. Armitage

—

Alan Larsonb

Paula Dobriansky

John R. Bolton

Grant S. Green, Jr.

Marc I. Grossman

Charlotte L. Beers

John V. Hanford III

—

Pierre-Richard Prosper

J. Cofer Black

William A. Eaton

Walter H. Kansteiner III

Stephen G. Rademaker

Maura A. Harty

Lorne W. Craner

Francis X. Taylor

III

James A. Kelly

Earl A. Wayneb

Patricia Harrison

A. Elizabeth Jones

Carl W. Ford, Jr.

Paul Simons (A)

Kim R. Holmes

Paul V. Kelly

William J. Burns

John S. Wolf

John F. Turner

Lincoln P. Bloomfield, Jr.

Arthur E. Dewey

Richard A. Boucherb

Christina B. Rocca

Paula A. DeSutter

—

Christopher B. Burnham

CRS-36

Counselor

Director General - Foreign Serviced

Inspector Generale

Legal Adviser

Special Negotiator - Chemical and Biological Arms Control

Special Representative of President

—

Ruth A. Davis

Clark K. Ervin

William H. Taft IV

Donald Mahleyb

—

John D. Negroponte

Roger F. Noriega

James B. Cunninghamb

Sichan Siv

Patrick F. Kennedy

Richard S. Williamson

FEf

III

International Organizations

U.S. Representative - United Nations

U.S. Representative - Organization of American States

U.S. Deputy Representative - United Nations

U.S. Alternate Representative - U.N. Economic and Social Council

U.S. Alternate Representative - U.N. Management and Reform

U.S. Alternate Representative - U.N. Special Political Affairs

(A) - Acting

a. Does not include chiefs of mission in overseas posts.

b. The incumbent has been held over from the previous administration.

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

d. By law, incumbent must be a career senior foreign service officer (22 U.S.C. 3928).

e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

f. Senior Foreign Service - political appointment on a career track.

CRS-37

Department of Transportation (DOT)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

Confirma

Norman Y. Mineta

Secretary

01/24/01

Michael P. Jackson

Deputy Secretary

03/08/01

05/03/01

Donna R. McLean

Asst. Secy. - Budget and Programsb

04/03/01

05/25/01

Sean B. O’Hollaren

Asst. Secy. - Governmental Affairs

04/04/01

05/25/01

Allan Rutter

Admin. - Federal Railroad Administration

05/14/01

07/19/01

Jennifer L. Dorn

Admin. - Federal Transit Administration

05/24/01

07/12/01

Ellen G. Engleman

Admin. - Research and Special Programs

Administration

06/07/01

Returned 08/03/01c

Kirk Van Tine

General Counsel

06/12/01

Returned 08/03/01c

Jeffrey W. Runge

Admin. - National Highway Traffic Safety

Administration

06/26/01

08/03/01

Mary E. Peters

Admin. - Federal Highway Administration

07/31/01

Returned 08/03/01c

Joseph M. Clapp

Admin. - Federal Motor Carrier Safety

Administration

08/03/01

Returned 08/03/01c

Kirk Van Tine

General Counsel

09/04/01

09/24/01

Ellen G. Engleman

Admin. - Research and Special Programs

Administration

09/04/01

09/21/01

Joseph M. Clapp

Admin. - Federal Motor Carrier Safety

Administration

09/04/01

09/26/01

Mary E. Peters

Admin. - Federal Highway Administration

09/04/01

09/26/01

Read Van de Water

Asst. Secy. - Aviation and International

Affairs

09/12/01

09/21/01

Emil H. Frankel

Asst. Secy. - Transportation Policy

09/14/01

Returned 11/20/02 d

Jeffrey Shane

Associate Deputy Secretary

10/10/01

Returned 11/20/02 d

William Schubert

Admin. - Maritime Administration

10/18/01

11/30/01

John Magaw

Under Secy. - Security

12/13/01

01/28/02

John Magaw

Under Secy. - Security

Recess appointment 01/07/02e

Emil H. Frankel

Asst. Secy. - Transportation Policy

Recess appointment 03/29/02e

Jeffrey Shane

Associate Deputy Secretary

Recess appointment 03/29/02e

Emil H. Frankel

Asst. Secy. - Transportation Policy

05/16/02

Returned 11/20/02 d

Jeffrey Shane

Associate Deputy Secretary

05/16/02

Returned 11/20/02 d

Marion C. Blakey

Admin. - Federal Aviation Administration

07/26/02

09/11/02

James M. Loy

Under Secy. - Security

11/14/02

11/18/02

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

CRS-38

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, the

following “days to confirm” would change as noted: Van Tine (72), Engleman (74), Peters (25). Clapp’s total

would not change, since no days elapsed while his first nomination was in the Senate. The mean number of days

to confirm a nomination for the department would then be 37. The median would be 41.

b. The Senate nominations database, [http://www.congress.gov/nomis/], indicates that McLean was nominated only to

this position. Prior to her nomination, on March 7, 2001, however, the President had announced his intention to

appoint her as CFO as well (see [http://www.whitehouse.gov/news/briefings/20010307.html], visited March 26,

2001).

c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

d. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of

the Standing Rules of the Senate.

e. Magaw was nominated prior to his recess appointment and confirmed soon after his the appointment. His recess

appointment would have expired at the end of the 107th Congress. The recess appointments of Frankel and Shane

expire at the end of the first session of the 108th Congress.

Positions and Incumbents in the Department of Transportation

Positions

Incumbent

Secretary

Deputy Secretary

Under Secretary - Security

Administrator - Federal Aviation Administrationa

Administrator - Federal Highway Administration

Administrator - Federal Motor Carrier Safety Administration

Administrator - Federal Railroad Administration

Administrator - Federal Transit Administration

Administrator - Maritime Administration

Administrator - National Highway Traffic Safety Administration

Administrator - Research and Special Programs Administration

Administrator - St. Lawrence Seaway Development Corporationb

Asst. Secy. - Aviation and International Affairs

Asst. Secy. - Budget and Programs and Chief Financial Officerc

Asst. Secy. - Governmental Affairs

Asst. Secy. - Transportation Policy

Deputy Administrator - Federal Aviation Administration

General Counsel

Inspector Generale

Associate Deputy Secretary

Director - Bureau of Transportation Statisticsg

Norman Y. Mineta

Michael P. Jackson

James M. Loy

Marion C. Blakey

Mary E. Peters

Annette Sandberg (A)

Allan Rutter

Jennifer L. Dorn

William Schubert

Jeffrey W. Runge

Ellen G. Engleman

Albert S. Jacquez

Read Van de Water

Donna R. McLean

Sean B. O’Hollaren

Emil H. Frankeld

—

Kirk Van Tine

Kenneth M. Meadf

Jeffrey Shaned

Richard Kowalewski (A)

Level

III

(A) - Acting

a. Five-year term; incumbent may continue to serve after term expires until successor is appointed and confirmed (49

U.S.C. 106(b)). Blakey was confirmed by the Senate on Sept. 11, 2002.

b. Seven-year term; if position becomes vacant before term expires, appointment may be only to complete unexpired

term (33 U.S.C. 982(a)). Jacquez was confirmed by the Senate on July 1, 1999.

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)). See also note b from previous table.

d. Recess appointee. Appointment expires at the end of the first session of the 108th Congress.

e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

f. The incumbent has been held over from the previous administration.

g. Four-year term (49 U.S.C. 111(b)).

CRS-39

Department of the Treasury (TREA)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirma

Paul H. O’Neill

Secretary

01/20/01

Mark A. Weinberger

Asst. Secy. - Tax Policy

02/26/01

03/01/01

David Aufhauser

General Counsel

02/28/01

05/26/01

John M. Duncan

Dep. Under Secy. - Legislative Affairs

02/28/01

Kenneth W. Dam

Deputy Secretary

03/08/01

08/03/01

148

Michele A. Davis

Asst. Secy. - Public Affairs and Public

Liaison

03/22/01

08/03/01

134

John B. Taylor

Under Secy. - International Affairs

04/04/01

05/26/01

Jimmy Gurule

Under Secy. - Enforcement

04/30/01

08/03/01

Peter R. Fisher

Under Secy. - Domestic Finance

04/30/01

08/03/01

Brian C. Roseboro

Asst. Secy. - Financial Markets

05/14/01

07/19/01

Sheila Bair

Asst. Secy. - Financial Institutions

06/07/01

07/19/01

Robert C. Bonner

Commissioner of Customs

06/26/01

Returned 08/03/01b

Rosario Marin

Treasurer of the United States

06/26/01

08/03/01

Henrietta H. Fore

Director of the Mint

06/29/01

08/03/01

James Gilleran

Director - Office of Thrift Supervision

07/25/01

Returned 08/03/01b

B. John Williams, Jr.

Chief Counsel - IRS and Assistant General

Counsel - Tax

08/03/01

Returned 08/03/01b

James Gilleran

Director - Office of Thrift Supervision

09/04/01

11/28/01

B. John Williams, Jr.

Chief Counsel - IRS and Assistant General

Counsel - Tax

09/04/01

01/25/02

110

Robert C. Bonner

Commissioner of Customs

09/04/01

09/19/01

Richard Clarida

Asst. Secy. - Economic Policy

10/31/01

01/25/02

Kenneth Lawson

Asst. Secy. - Enforcement

10/31/01

03/22/02

109

Edward Kingman, Jr.

Asst. Secy. - Management

11/15/01

01/25/02

Edward Kingman, Jr.

Chief Financial Officer

11/15/01

01/25/02

Randal Quarles

Dep. Under Secy. - International Affairs

12/05/01

03/22/02

Pamela F. Olson

Asst. Secy. - Tax Policy

07/18/02

09/05/02

Wayne Abernathy

Asst. Secy. - Financial Institutions

08/01/02

11/14/02

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

CRS-40

a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures,

Gilleran’s total would be 94 and Bonner’s total would be 53. Williams’ total would be unchanged, because no

days elapsed during the time his first nomination was in the Senate. The mean number of days to confirm a

nomination for the department would be 63, and the median would remain 53.

b. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Positions and Incumbents in the Department of the Treasury

Positions

Incumbent

Secretary

Deputy Secretary

Commissioner of Internal Revenuea

Commissioner of Customs

Comptroller of the Currencyb

Director - Office of Thrift Supervisionc

Under Secy. - Domestic Finance

Under Secy. - Enforcement

Under Secy. - International Affairs

Asst. Secy. - Economic Policy

Asst. Secy. - Enforcement

Asst. Secy. - Financial Institutions

Asst. Secy. - Financial Markets

Asst. Secy. - Management and Chief Financial Officerd

Asst. Secy. - Public Affairs and Public Liaison

Asst. Secy. - Tax Policy

Deputy Under Secy./Asst. Secy. - International Affairs

Deputy Under Secy./Asst. Secy. - Legislative Affairs

General Counsel

Inspector Generale

Inspector General for Tax Administration

Chief Counsel - IRS/Assistant General Counsel for Tax

Director of the Mintg

Treasurer of the United States

Kenneth W. Dam (A)

Kenneth W. Dam

Robert E. Wenzel (A)

Robert C. Bonner

John D. Hawke, Jr.

James Gilleran

Peter R. Fisher

Jimmy Gurule

John B. Taylor

Richard Clarida

Kenneth Lawson

Wayne Abernathy

Brian C. Roseboro

Teresa M. Ressel (A)

Michele A. Davis

Pamela F. Olson

Randal Quarles

John M. Duncan

David Aufhauser

Jeffrey Rush, Jr.f

Pamela Gardiner (A)

B. John Williams, Jr.

Henrietta H. Fore

Rosario Marin

Level

III

SLh

(A) - Acting

a. Five-year term; if the position becomes vacant before the term expires, the appointment may be only to complete the

unexpired term (26 U.S.C. 7803(a)(1)). The incumbent may continue in office after his term expires until a

successor is appointed and qualifies (31 U.S.C. 310).

b. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reason to

the Senate. The incumbent may continue in office after his term expires until a successor is appointed (12 U.S.C.

2, and 31 U.S.C. 310). Hawke was confirmed by the Senate on Oct. 7, 1999.

c. Five-year term; if the position becomes vacant before the term expires, the appointment may be only to complete the

unexpired term. The incumbent may continue in office after his term expires until a successor is appointed (12

U.S.C. 1462a(c) and 31 U.S.C. 310). Gilleran’s term expired on Oct. 23, 2002.

d. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)).

e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

f. The incumbent has been held over from the previous administration.

g. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reasons to

Congress. The incumbent may continue in office after the term expires until a successor is appointed (31 U.S.C.

304 and 310). Fore was confirmed by the Senate on Aug. 3, 2001.

h. Ungraded senior level position with a base pay maximum at a rate equal to Executive Schedule Level IV, but base plus

locality maximum is Executive Schedule Level III.

CRS-41

Department of Veterans Affairs (DVA)

Appointment Action During the 107th Congress

Nominee

Position

Nominated

Confirmed

Days to

confirm

Anthony J. Principi

Secretary

01/20/01

01/23/01

Tim S. McClain

General Counsel

03/22/01

04/06/01

Maureen P. Cragin

Asst. Secy. - Public and Intergovernmental

Affairs

04/23/01

05/24/01

Leo S. Mackay, Jr.

Deputy Secretary

04/30/01

05/24/01

Robin L. Higgins

Under Secy. - Memorial Affairs

04/30/01

05/24/01

Gordon H. Mansfield

Asst. Secy. - Congressional and Legislative

Affairs

04/30/01

08/01/01

Jacob Lozada

Asst. Secy. - Human Resources and

Admininstration

04/30/01

05/24/01

Claude M. Kicklighter

Asst. Secy. - Policy and Planning

06/27/01

08/03/01

John A. Gauss

Asst. Secy. - Information and Technology

07/17/01

08/03/01

Daniel L. Cooper

Under Secy. - Benefits

02/05/02

03/22/02

Robert H. Roswell

Under Secy. - Health

02/06/02

03/22/02

William H. Campbell

Asst. Secy. - Management

06/06/02

Mean number of days to confirm a nomination

Median number of days to confirm a nomination

CRS-42

Positions and Incumbents in the Department of Veterans Affairs

Positions

Incumbent

Secretary

Deputy Secretary

Under Secretary - Benefitsa

Under Secretary - Healthb

Under Secretary - Memorial Affairs

Asst. Secy. - Congressional and Legislative Affairs

Asst. Secy. - Human Resources and Administration

Asst. Secy. - Management and Chief Financial Officerc

Asst. Secy. - Policy and Planning

Asst. Secy. - Public and Intergovernmental Affairs

Asst. Secy. - Information and Technology

Chairman - Board of Veterans’ Appealsd

General Counsel

Inspector Generale

Anthony J. Principi

Leo S. Mackay, Jr.

Daniel L. Cooper

Robert H. Roswell

S. Eric Benson (A)

Gordon H. Mansfield

Jacob Lozada

William H. Campbell

Claude M. Kicklighter

Thomas G. Bowman (A)

John A. Gauss

Eligah D. Clark

Tim S. McClain

Richard J. Griffinf

Level

III

(A) - Acting

a. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reasons to

the Senate. The incumbent may continue in office after a term expires until a successor is appointed (17 U.S.C.

2, and 31 U.S.C. 309). Cooper was confirmed by the Senate on Mar. 22, 2002.

b. Four-year term; incumbent must be a medical doctor. If the incumbent is removed before the term expires, the

President must communicate the reasons for the removal to Congress (38 U.S.C. 305(a) and (c)). Roswell was

confirmed by the Senate on Mar. 22, 2002.

c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be

designated by the President from among agency officials who have been confirmed by the Senate for another

position (31 U.S.C. 901(a)(1)). Department representatives have indicated that positions will be combined as

noted in the table.

d. Six-year term; the President may remove the incumbent before a term expires only for misconduct, inefficiency,

neglect of duty, or engaging in the practice of law or for physical or mental disability (38 U.S.C. 4000(b)(1)).

Clark was confirmed by the Senate on Oct. 21, 1998.

e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in

the departments. In the case of the IG, however, the law provides that he “shall communicate the reasons for any

such removal to both Houses of Congress” (5 U.S.C. Appx. § 3(b)).

The incumbent has been held over from the previous administration.

CRS-43

Appendix A. Nominations and Recess Appointments,

107th Congress

Dept.

DOD

TREA

DOE

DOC

Nomination date

03/29/01

03/20/02

08/01/02

01/20/01

03/29/01

Confirmation date

05/03/01

11/12/02

11/14/02

01/20/01

05/10/01

Days to

confirm

205

DOD

04/23/01

05/08/01

HHS

DOE

HUD

DOS

DOJ

TREA

DOD

04/25/01

07/10/01

05/16/01

03/08/01

01/29/01

02/28/01

06/12/01

05/26/01

08/03/01

07/12/01

03/23/01

02/01/01

05/26/01

07/12/01

HHS

06/07/01

08/03/01

Asst. Secy. - International Affairs and Domestic DOE

Policy

Sheila Bair

Asst. Secy. - Financial Institutions

TREA

Brenda L. Becker

Asst. Secy. - Legislative and Government

DOC

Affairs

Everet Beckner

Dep. Admin. - Defense Programs, NNSA

DOE

Charlotte L. Beers

Under Secy. - Public Diplomacy and Public

DOS

Affairs

Charlotte L. Beers

Under Secy. - Public Diplomacy and Public

DOS

Affairs

Arden Bement, Jr.

Director - National Institute of Standards and

DOC

Technology

Juan Carlos Benitez

Special Counsel - Immigration-Related Unfair

DOJ

Employment Practices

Roy A. Bernardi

Asst. Secy. - Community Planning and

HUD

Development

J. Cofer Black

Amb.-at-Large - Coordinator - Counterterrorism DOS

Francis S. Blake

Deputy Secretary

DOE

Marion C. Blakey

Admin. - Federal Aviation Administration

DOT

Lincoln P. Bloomfield, Jr. Asst. Secy. - Political and Military Affairs

DOS

Samuel W. Bodman

Deputy Secretary

DOC

Claude M. Bolton, Jr.

Asst. Secy. - Army - Acquisition, Logistics, and DOD

Technology

John R. Bolton

Under Secy. - Arms Control and International

DOS

Security

06/05/01

07/12/01

06/07/01

03/29/01

07/19/01

05/03/01

09/25/01

06/29/01

01/25/02

Returned 08/03/01

09/04/01

09/26/01

10/23/01

11/30/01

09/12/01

11/06/01

04/30/01

05/24/01

10/10/02

04/30/01

07/26/02

04/05/01

06/18/01

11/08/01

11/14/02

05/25/01

09/11/02

05/22/01

07/19/01

12/20/01

03/08/01

03/23/01

Nominee

Charles S. Abell

Wayne Abernathy

Spencer Abraham

Grant D. Aldonas

Edward C. Aldridge, Jr.

Claude A. Allen

Theresa Alvillar-Speake

Angela M. Antonelli

Richard L. Armitage

John Ashcroft

David Aufhauser

Dionel M. Aviles

Alex Azar II

Vicky A. Bailey

Position

Asst. Secy. - Force Management Policy

Dep. Under Secy. - Personnel and Readiness

Asst. Secy. - Financial Institutions

Secretary

Under Secy. - International Trade

Administration

Under Secy. - Acquisition, Technology, and

Logistics

Deputy Secretary

Director - Office of Minority Economic Impact

Chief Financial Officer

Deputy Secretary

Attorney General

General Counsel

Asst. Secy. - Navy - Financial Management and

Comptroller

General Counsel

CRS-44

Nominee

Phillip J. Bond

Robert C. Bonner

Eric M. Bost

Ralph F. Boyd, Jr.

Linton F. Brooks

Dan R. Brouillette

John B. Brown III

Reginald J. Brown

R. L. Brownlee

Daniel J. Bryant

Nancy S. Bryson

Christopher B. Burnham

William J. Burns

Jay S. Bybee

Stephen A. Cambone

William H. Campbell

Rebecca O. Campoverde

Josefina Carbonell

Robert G. Card

Richard H. Carmona

Bruce M. Carnes

Guy F. Caruso

Elaine L. Chao

Michael Chertoff

Thomas P. Christie

David S. C. Chu

Margaret S. Y. Chu

Shinae Chun

Maria Cino

Joseph M. Clapp

Richard Clarida

Position

Under Secy. - Technology

Commissioner of Customs

Under Secy. - Food, Nutrition, and Consumer

Services

Asst. Atty. Gen. - Civil Rights Division

Dep. Admin - Defense Nuclear

Nonproliferation, NNSA

Dep. Admin - Defense Nuclear

Nonproliferation, NNSA

Asst. Secy. - Congressional and

Intergovernmental Affairs

Dep. Admin. - Drug Enforcement

Administration

Asst. Secy. - Army - Manpower and Reserve

Affairs

Under Secy. - Army

Asst. Atty. Gen. - Legislative Affairs

General Counsel

Chief Financial Officer

Asst. Secy. - Resource Management

Asst. Secy. - Near Eastern Affairs

Asst. Atty. Gen. - Office of Legal Counsel

Dept.

DOC

TREA

USDA

Nomination date

09/04/01

06/26/01

09/04/01

04/30/01

Confirm- Days to

ation date confirm

10/23/01

Returned 08/03/01

09/19/01

05/22/01

DOJ

DOE

04/30/01

07/19/01

07/20/01

Returned 08/03/01

DOE

09/04/01

10/16/01

DOE

06/28/01

08/01/01

DOJ

02/11/02

04/12/02

DOD

06/12/01

07/12/01

DOD

DOJ

USDA

DOS

DOJ

10/30/01

03/28/01

12/20/01

10/16/01

10/30/01

04/30/01

08/03/01

09/04/01

11/08/01

05/10/01

03/22/02

01/25/02

05/25/01

Returned 08/03/01

10/23/01

Dep. Under Secy. - Policy

Asst. Secy. - Management

Asst. Secy. - Legislative and Congressional

Affairs

Asst. Secy. - Aging

Under Secretary - Energy, Science, and

Environment

Surgeon General

Chief Financial Officer

Admin. - Energy Information Administration

Secretary

Asst. Atty. Gen. - Criminal Division

Director - Operational Testing and Evaluation

Under Secy. - Personnel and Readiness

Dir. - Office of Civilian Radioactive Waste

Management

Dir. - Women’s Bureau

Asst. Secy. and Dir. Gen. of US and Foreign

Commercial Service

Admin. - Federal Motor Carrier Administration

Asst. Secy. - Economic Policy

DOD

DVA

06/12/01

06/06/02

06/05/01

07/19/01

06/06/02

07/12/01

HHS

DOE

06/08/01

05/02/01

08/01/01

05/25/01

HHS

DOE

DOL

DOJ

DOD

DOE

06/25/02

04/23/01

02/05/02

01/29/01

04/30/01

05/24/01

04/30/01

11/09/01

07/23/02

05/25/01

07/26/02

01/29/01

05/24/01

07/12/01

05/26/01

03/06/02

171

DOL

DOC

04/30/01

04/06/01

05/09/01

05/25/01

DOT

TREA

08/03/01

09/04/01

10/31/01

Returned 08/03/01

09/26/01

01/25/02

CRS-45

Position

Dir. - Bureau of Land Management

Asst. Secy. - Public Affairs

Asst. Secy. - Pension and Welfare Benefits

Administration

Asst. Secy. - Trade Development

Asst. Secy. - Environment, Safety, and Health

Under Secy. - Benefits

Under Secy. - Economic Affairs

Assistant Secretary

Asst. Secy. - Public and Intergovernmental

Affairs

Asst. Secy. - Democracy, Human Rights, and

Labor

Asst. Secy. - International Security Policy

Admin. - Substance Abuse and Mental Health

Services Administration

Dept.

DOI

DOD

DOL

Nomination date

10/18/01

04/05/01

04/30/01

Confirmation date

12/20/01

05/17/01

05/09/01

DOC

DOE

DVA

DOC

DOL

DVA

06/28/01

11/15/01

02/05/02

04/30/01

10/18/01

04/23/01

08/03/01

01/25/02

03/22/02

05/25/01

Withdrawn 11/07/01

05/24/01

DOS

04/30/01

05/25/01

DOD

HHS

05/07/01

10/02/01

08/01/01

10/25/01

Deputy Secretary

Asst. Secy. - Vocational and Adult Education

Asst. Atty. Gen. - Office of Justice Programs

Asst. Secy. - Public Affairs and Public Liaison

Director General - Foreign Service

Asst. Secy. - Employment and Training

Administration

Paula A. DeSutter

Asst. Secy. - Verification and Compliance

Arthur E. Dewey

Asst. Secy. - Population, Refugees, and

Migration Affairs

Viet D. Dinh

Asst. Atty. Gen. - Office of Legal Policy

James F. Dobbins

Asst. Secy. - European Affairs

Paula J. Dobriansky

Under Secy. - Global Affairs

Michael L. Dominguez

Asst. Secy. - Air Force - Manpower and

Reserve Affairs

Kenneth M. Donohue, Sr. Inspector General

Jennifer L. Dorn

Administrator - Federal Transit Administration

Thomas C. Dorr

Under Secy. - Rural Development

Thomas C. Dorr

Under Secy. - Rural Development

Thomas C. Dorr

Under Secy. - Rural Development

Thomas C. Dorr

Under Secy. - Rural Development

James Dorskind

General Counsel

John M. Duncan

Dep. Under Secy. - Legislative Affairs

TREA

DOJ

TREA

DOS

DOL

03/08/01

06/29/01

06/05/01

09/04/01

03/22/01

04/30/01

07/10/01

08/03/01

148

07/19/01

Returned 08/03/01

09/21/01

08/03/01

134

05/25/01

08/03/01

DOS

03/22/02

11/15/01

08/01/02

01/25/02

DOJ

DOS

DOD

04/23/01

01/05/01

04/04/01

07/12/01

05/24/01

Withdrawn 03/19/01

04/26/01

08/03/01

HUD

DOT

USDA

DOC

TREA

07/25/01

Returned 08/03/01

09/04/01

03/22/02

166

05/24/01

07/12/01

04/30/01

Returned 08/03/01

09/04/01

Returned 11/20/02

Recess Appointment 08/06/02

09/30/02

Returned 11/20/02

01/05/01

Withdrawn 03/19/01

02/28/01

William A. Eaton

Gordan England

DOS

DOD

06/05/01

04/30/01

Nominee

Kathleen B. Clarke

Victoria Clarke

Ann L. Combs

Linda M. Conlin

Beverly Cook

Daniel L. Cooper

Kathleen B. Cooper

W. Michael Cox

Maureen P. Cragin

Lorne W. Craner

Jack D. Crouch II

Charles Curie

Kenneth W. Dam

Carol D’Amico

Deborah J. Daniels

Michele A. Davis

Ruth A. Davis

Emily S. DeRocco

Asst. Secy. - Administration

Secretary - Navy

07/11/01

05/22/01

Days to

confirm

132

CRS-46

Nominee

Ellen G. Engleman

Clark K. Ervin

Donald L. Evans

Douglas J. Feith

Melody H. Fennel

D. Cameron Findlay

Mario P. Fiori

Peter R. Fisher

J. Robert Flores

Phyllis K. Fong

Carl W. Ford, Jr.

Henrietta H. Fore

Emil H. Frankel

Sharee M. Freeman

Lou Gallegos

Michael J. Garcia

David Garman

John A. Gauss

Nelson F. Gibbs

James Gilleran

John W. Gillis

Grant S. Green, Jr.

Lawrence A. Greenfeld

J. Steven Griles

W. Roy Grizzard, Jr.

Marc I. Grossman

Jimmy Gurule

Position

Admin. - Research and Special Programs

Administration

Admin. - Research and Special Programs

Administration

Inspector General

Secretary

Dept.

DOT

Nomination date

06/07/01

Confirm- Days to

ation date confirm

Returned 08/03/01

DOT

09/04/01

09/21/01

DOS

DOC

06/14/01

01/20/01

08/01/01

01/20/01

Under Secy. - Policy

Asst. Secy. - Congressional and

Intergovernmental Relations

Deputy Secretary

Asst. Secy. - Army - Installations and

Environment

Under Secy. - Domestic Finance

Admin. - Office of Juvenile Justice and

Delinquency Prevention

Admin. - Office of Juvenile Justice and

Delinquency Prevention

Inspector General

Asst. Secy. - Intelligence and Research

Director of the Mint

Asst. Secy. - Transportation Policy

Dir. - Community Relations Service

DOD

HUD

04/30/01

07/10/01

07/12/01

08/03/01

DOL

DOD

04/30/01

07/12/01

05/25/01

08/03/01

TREA

DOJ

04/30/01

05/23/01

08/03/01

Returned 08/03/01

DOJ

09/04/01

04/12/02

USDA

DOS

TREA

DOT

DOJ

03/14/02

11/14/02

213

04/30/01

05/25/01

06/29/01

08/03/01

09/14/01

Returned 11/20/02

Recess appointment 03/29/02

05/16/02

Returned 11/20/02

06/19/01

Returned 08/03/01

09/04/01

11/06/01

USDA

DOC

DOE

04/25/01

06/18/01

04/30/01

05/22/01

08/03/01

05/25/01

DVA

DOD

07/17/01

07/12/01

08/03/01

TREA

DOJ

DOS

DOJ

DOI

DOL

DOS

TREA

07/25/01

09/04/01

04/30/01

09/04/01

03/08/01

12/04/01

11/27/01

04/30/01

03/14/02

03/08/01

04/30/01

Returned 08/03/01

11/28/01

Returned 08/03/01

09/14/01

03/28/01

Returned 11/20/02

07/29/02

211

07/12/01

07/26/02

134

03/23/01

08/03/01

Asst. Secy. - Administration

Asst. Secy. - Export Enforcement

Asst. Secy. - Energy Efficiency and Renewable

Energy

Asst. Secy. - Information and Technology

Asst. Secy. - Air Force - Installations and

Environment

Director - Office of Thrift Supervision

Dir. - Office for Victims of Crime

Under Secy. - Management

Dep. Secy. - Management and Resources

Director - Bureau of Justice Statistics

Deputy Secretary

Asst. Secy. - Disability Employment Policy

Under Secy. - Political Affairs

Under Secy. - Enforcement

187

CRS-47

Nominee

Janet Hale

Thomas F. Hall

John V. Hanford III

William D. Hansen

Kathleen M. Harrington

Patricia Harrison

Sarah V. Hart

Maura A. Harty

Richard A. Hauser

William T. Hawks

William J. Haynes II

John L. Henshaw

Eugene W. Hickok, Jr.

John P. Higgins, Jr.

Robin L. Higgins

Kim R. Holmes

Elwood Holstein, Jr.

Wade F. Horn

Asa Hutchinson

Position

Asst. Secy. - Budget, Technology, and Finance

Asst. Secy. - Reserve Affairs

Amb.-at-Large - International Religious

Freedom

Deputy Secretary

Asst. Secy. - Office of Public Affairs

Asst. Secy. - Educational and Cultural Affairs

Dir. - National Institute of Justice

Asst. Secy. - Consular Affairs

General Counsel

Under Secy. - Marketing and Regulatory

Programs

General Counsel

Asst. Secy. - OSHA

Under Secretary

Inspector General

Under Secy. - Memorial Affairs

Asst. Secy. - International Organizations

Asst. Secy. - Oceans and Atmosphere

Asst. Secy. - Family Support

Administrator of Drug Enforcement

Dept.

HHS

DOD

DOS

Nomination date

05/22/01

09/04/01

04/22/02

11/07/01

Confirm- Days to

ation date confirm

Returned 08/03/01

01/25/02

110

10/02/02

131

01/25/02

DOL

DOS

DOJ

DOS

HUD

USDA

04/23/01

03/20/02

07/23/01

09/04/01

05/24/01

09/12/02

04/30/01

05/22/01

04/26/02

Returned 08/03/01

09/26/01

08/02/01

11/14/02

05/24/01

05/22/01

DOD

DOL

DVA

DOS

DOC

HHS

DOJ

04/23/01

06/12/01

04/30/01

09/18/02

04/30/01

09/03/02

01/05/01

04/06/01

06/12/01

05/17/01

08/03/01

07/10/01

11/14/02

05/24/01

11/14/02

Withdrawn 03/19/01

07/25/01

110

08/01/01

Kristine A. Iverson

Asst. Secy. - Congressional and

Intergovernmental Affairs

DOL

04/05/01

04/06/01

Alphonso R. Jackson

Michael P. Jackson

Charles A. James, Jr.

Jeffrey D. Jarrett

Deputy Secretary

Asst. Atty. Gen. - Antitrust Division

Dir. - Office of Surface Mining Reclamation

and Enforcement

Dir. - Office of Surface Mining Reclamation

and Enforcement

Under Secy. - Research, Education, and

Economics

Asst. Secy. - Planning and Evaluation

Asst. Secy. - Export Administration

Asst. Secy. - Navy - Installations and

Environment

Asst. Secy. - European and Eurasian Affairs

General Counsel

Asst. Secy. - Veterans’ Employment and

Training

Asst. Secy. - Veterans’ Employment and

Training

HUD

DOT

DOJ

DOI

04/30/01

03/08/01

04/06/01

07/18/01

05/24/01

05/03/01

06/14/01

Returned 08/03/01

DOI

09/04/01

01/25/02

110

USDA

04/30/01

07/12/01

HHS

DOC

DOD

04/06/01

04/30/01

06/28/01

05/25/01

05/16/01

08/03/01

DOS

DOL

04/23/01

04/30/01

09/04/01

08/03/01

05/25/01

Returned 08/03/01

09/14/01

Returned 08/03/01

DOL

09/04/01

11/08/01

Jeffrey D. Jarrett

Joseph J. Jen

Piyush Jindal

James J. Jochum

H. T. Johnson

A. Elizabeth Jones

Brian Jones

Frederico Juarbe, Jr.

CRS-48

Nominee

Kenneth I. Juster

Position

Under Secy. - Export Administration

Dept.

DOC

Nomination date

03/15/01

Confirmation date

05/10/01

Days to

confirm

Walter H. Kansteiner III

Theodore W. Kassinger

Kevin Keane

James A. Kelly

Paul V. Kelly

Patrick F. Kennedy

John W. Keys III

Claude M. Kicklighter

Charles Louis Kincannon

Edward Kingman, Jr.

Dale Klein

Asst. Secy. - African Affairs

General Counsel

Asst. Secy. - Public Affairs

Asst. Secy. - East Asian and Pacific Affairs

Asst. Secy. - Legislative Affairs

U.S. Alt. Rep. - U.N. Management and Reform

Commissioner - Bureau of Reclamation

Asst. Secy. - Policy and Planning

Director - Census

Asst. Secy. - Chief Financial Officer

Asst. Secy. - Management

Asst. to the Secy. - Nuclear, Chemical, and

Biological Defense Programs

DOS

DOC

HHS

DOS

DOI

DVA

DOC

TREA

DOD

04/30/01

04/04/01

04/30/01

04/03/01

05/14/01

10/02/01

06/14/01

06/27/01

11/15/01

10/18/01

05/25/01

05/03/01

07/19/01

04/26/01

05/25/01

10/12/01

07/12/01

08/03/01

03/13/02

01/25/02

11/08/01

William H. Lash III

David D. Lauriski

Conrad C. Lautenbacher,

Jr.

Kenneth Lawson

Hilda G. Legg

William Leidinger

Victoria A. Lipnic

Asst. Secy. - Market Access and Compliance

Asst. Secy. - Mine Safety and Health

Under Secy. - Oceans and Atmosphere

DOC

DOL

DOC

05/08/01

04/30/01

10/16/01

07/19/01

05/09/01

11/30/01

Asst. Secy. - Enforcement

Admin. - Rural Utilities Service

Asst. Secy. - Management

Asst. Secy. - Employment Standards

Administration

Asst. Secy. - Public and Indian Housing

Under Secy. - Navy

Under Secy. - Security

Asst. Secy. - Human Resources and

Administration

TREA

USDA

DOL

10/31/01

06/21/01

09/04/01

12/20/01

02/27/02

03/22/02

109

Returned 08/03/01

09/26/01

02/12/02

03/22/02

HUD

DOD

DOT

DVA

06/21/01

05/07/01

11/14/02

04/30/01

08/03/01

07/19/01

11/18/02

05/24/01

Deputy Secretary

Under Secy. - Security

Asst. Secy. - Oceans and Atmosphere

Director - National Park Service

Asst. Secy. - Congressional and Legislative

Affairs

Asst. Secy. - Fish, Wildlife, and Parks

Treasurer of the United States

Chief Financial Officer

Secretary

Asst. Secy. - Indian Affairs

Asst. Atty. Gen. - Civil Division

General Counsel

DVA

DOT

DOC

DOI

DVA

04/30/01

05/24/01

12/13/01

01/28/02

Recess Appointment 01/07/02

12/04/01

03/22/02

06/14/01

07/12/01

04/30/01

08/01/01

DOI

TREA

HUD

DOI

DOJ

DVA

09/04/01

06/26/01

11/05/01

01/20/01

05/22/01

04/30/01

03/22/01

Michael M. F. Liu

Susan M. Livingstone

James M. Loy

Jacob Lozada

Leo S. Mackay, Jr.

John Magaw

James R. Mahoney

Frances P. Mainella

Gordon H. Mansfield

Harold C. Manson

Rosario Marin

Jack Martin

Melquiades R. Martinez

Neal A. McCaleb

Robert D. McCallum

Tim S. McClain

01/25/02

08/03/01

01/25/02

01/23/01

06/29/01

08/03/01

04/06/01

110

CRS-49

Dept.

HHS

DOL

DOT

USDA

DOE

HUD

DOC

DOT

DOL

DOD

Nomination date

10/02/02

09/14/01

04/03/01

09/12/01

05/01/02

11/15/01

04/30/01

01/24/01

10/18/01

06/12/01

Confirmation date

10/17/02

12/08/01

05/25/01

09/26/01

11/14/02

03/22/02

05/25/01

01/24/01

01/25/02

07/12/01

Days to

confirm

165

DOD

04/23/01

06/12/01

06/05/01

05/01/01

07/19/01

07/12/01

DOD

USDA

DOJ

USDA

DOD

DOI

06/05/01

06/19/01

07/18/01

08/03/01

09/04/01

05/23/01

07/12/01

08/02/01

Returned 08/03/01

09/26/01

07/12/01

DOD

06/07/01

07/12/01

DOJ

DOS

06/05/01

09/04/01

05/14/01

09/04/01

04/30/01

Returned 08/03/01

09/14/01

Returned 08/03/01

09/14/01

07/12/01

Roger F. Noriega

Gale A. Norton

Asst. Secy. - Navy - Manpower and Reserve

Affairs

Dir. - Bureau of Justice Assistance

U.S. Representative - United Nations

Asst. Secy. - Elementary and Secondary

Education

U.S. Rep. - Organization of American States

Secretary

DOS

DOI

06/26/01

01/20/01

08/01/01

01/30/01

Eileen J. O’Connor

Joan E. Ohl

Sean B. O’Hollaren

Pamela F. Olson

Theodore B. Olson

Paul H. O’Neill

Raymond L. Orbach

Lee S. L. Otis

Asst. Atty. Gen. - Tax Division

Commissioner - Children, Youth, and Families

Asst. Secy. - Governmental Affairs

Asst. Secy. - Tax Policy

Solicitor General

Secretary

Dir. - Office of Science

General Counsel

DOJ

HHS

DOT

TREA

DOJ

TREA

DOE

05/24/01

07/10/01

09/04/01

04/04/01

07/18/02

03/13/01

01/20/01

12/11/01

04/25/01

07/20/01

Returned 08/03/01

01/25/02

110

05/25/01

09/05/02

05/24/01

01/20/01

03/04/02

05/24/01

Peter Pace

Vice Chairman - Joint Chiefs of Staff

DOD

09/04/01

09/26/01

Nominee

Mark B. McClellan

Tammy D. McCutchen

Donna R. McLean

Edward R. McPherson

Kyle E. McSlarrow

Vickers B. Meadows

Bruce P. Mehlman

Norman Y. Mineta

Samuel T. Mok

Michael Montelongo

Powell A. Moore

Alberto J. Mora

Diane K. Morales

Steven J. Morello, Sr.

James R. Moseley

Robert S. Mueller III

Elsa A. Murano

Richard B. Myers

William G. Myers III

William A. Navas, Jr.

Richard R. Nedelkoff

John D. Negroponte

Susan B. Neuman

Position

Commissioner - Food and Drug Administration

Admin. - Wage and Hour Division

Asst. Secy. - Budget and Programs

Chief Financial Officer

Deputy Secretary

Asst. Secy. - Administration

Asst. Secy. - Technology Policy

Secretary

Chief Financial Officer

Asst. Secy. - Air Force - Financial Management

and Comptroller

Asst. Secy. - Legislative Affairs

General Counsel - Navy

Dep. Under Secy. - Logistics and Materiel

Readiness

General Counsel - Army

Deputy Secretary

Dir. - Federal Bureau of Investigation

Under Secy. - Food Safety

Chairman - Joint Chiefs of Staff

Solicitor

CRS-50

Nominee

Sandra L. Pack

Mary E. Peters

Patrick Pizzella

Colin L. Powell

Anthony J. Principi

Pierre-Richard Prosper

Position

Dept.

Asst. Secy. - Army - Financial Management and DOD

Comptroller

Secretary

Asst. Secy. - Army - Civil Works

DOD

Asst. Secy. - Army - Civil Works

DOD

Asst. Secy. - Special Education and

Rehabilitation Services

Under Secy. - Farm and Foreign Agricultural

USDA

Service

Asst. Secy. - Fair Housing and Equal

HUD

Opportunity

Admin. - Federal Highway Administration

DOT

Admin. - Federal Highway Administration

DOT

Asst. Secy. - Administration and Management

DOL

Secretary

DOS

Secretary

DVA

Amb.-at-Large - War Crimes Issues

DOS

Randal Quarles

Dep. Under Secy. - International Affairs

Stephen G. Rademaker

Bennett W. Raley

Janet Rehnquist

Otto J. Reich

Mark E. Rey

Asst. Secy. - Arms Control

DOS

Asst. Secy. - Water and Science

DOI

Inspector General

HHS

Asst. Secy. - Western Hemisphere Affairs

DOS

Asst. Secy. - Western Hemisphere Affairs

DOS

Asst. Secy. - Western Hemisphere Affairs

DOS

Asst. Secy. - Western Hemisphere Affairs

DOS

Under Secy. - Natural Resources and

USDA

Environment

Under Secy. - Natural Resources and

USDA

Environment

Director - U.S. Marshals Service

DOJ

Asst. Secy. - Civil Rights

Asst. Secy. - Intergovernmental and Interagency ED

Affairs

Asst. Secy. - Environmental Management

DOE

Asst. Secy. - South Asian Affairs

DOS

Secretary - Air Force

DOD

Asst. Secy. - International Security Affairs

DOD

Under Secy. - Intellectual Property and Director DOC

U.S. Patent & Trademark

Under Secy. - Intellectual Property and Director DOC

U.S. Patent & Trademark

Asst. Secy. - Inter-American Affairs

DOS

Asst. Secy. - Financial Markets

TREA

Roderick R. Paige

Michael Parker

Robert Pasternack

J. B. Penn

Carolyn Y. Peoples

Mark E. Rey

Benigno G. Reyna

Gerald Reynolds

Laurie Rich

Jessie H. Roberson

Christina B. Rocca

James G. Roche

Peter W. Rodman

James E. Rogan

Peter F. Romero

Brian C. Roseboro

TREA

Nomination date

10/10/01

Confirmation date

11/08/01

Days to

confirm

01/20/01

06/19/01

09/04/01

06/21/01

01/20/01

Returned 08/03/01

09/26/01

07/19/01

04/30/01

05/22/01

06/07/02

11/12/02

126

07/31/01

09/04/01

04/25/01

01/20/01

05/16/01

Returned 08/03/01

09/26/01

05/09/01

01/20/01

01/23/01

07/11/01

12/05/01

03/22/02

03/04/02

08/01/02

150

05/24/01

07/12/01

06/05/01

08/03/01

07/12/01

Returned 08/03/01

09/04/01

Returned 12/20/01

Recess Appointment, 01/11/02

02/26/02

Returned 11/20/02

06/21/01

Returned 08/03/01

09/04/01

09/26/01

09/12/01

10/25/01

09/25/01

Returned 11/20/02

Recess appointment 03/29/02

05/16/02

Returned 11/20/02

06/12/01

07/19/01

04/30/01

05/07/01

05/14/01

05/24/01

07/12/01

05/25/01

05/24/01

07/12/01

Returned 08/03/01

09/04/01

11/30/01

01/05/01

05/14/01

Withdrawn 03/19/01

07/19/01

CRS-51

Position

Pres. - Government National Mortgage

Association

Under Secy. - Health

Secretary

Admin. - National Highway Traffic Safety

Administration

Administrator - Federal Railroad

Administration

Dept.

HUD

Nomination date

05/23/01

Confirmation date

07/12/01

Days to

confirm

DVA

DOD

DOT

02/06/02

01/20/01

06/26/01

03/22/02

01/20/01

08/03/01

DOT

05/14/01

07/19/01

DOD

DOC

DOJ

07/31/01

09/04/01

04/30/01

05/22/01

Returned 08/03/01

11/08/01

08/03/01

Returned 08/03/01

DOJ

09/04/01

11/30/01

DOL

DOI

DOD

DOT

HHS

04/30/01

Returned 08/03/01

09/04/01

Returned 11/20/02

Recess Appointment 01/11/02

02/05/02

Returned 11/20/02

05/14/01

07/12/01

06/18/01

Returned 08/03/01

09/04/01

03/21/02

165

10/18/01

11/30/01

04/30/01

05/25/01

DOD

DOT

DOC

USDA

07/12/01

08/03/01

10/10/01

Returned 11/20/02

Recess appointment 03/29/02

05/16/02

Returned 11/20/02

03/22/01

05/01/01

01/05/01

Withdrawn 03/19/01

DOS

10/18/01

11/09/01

HHS

DOI

DOE

DOL

HHS

12/20/01

01/05/01

10/02/01

04/04/01

07/09/02

01/25/02

Withdrawn 03/19/01

01/25/02

04/06/01

11/14/02

DOD

07/12/01

08/03/01

Jay B. Stephens

Sally Stroup

Asst. Secy. - Air Force - Acquisition

Asst. Secy. - Economic Development

Asst. Atty. Gen. - Environment and Natural

Resources

Asst. Atty. Gen. - Environment and Natural

Resources

Solicitor

Asst. Secy. - Policy, Management, and Budget

Inspector General

Admin. - Maritime Administration

Admin. - Centers for Medicare & Medicaid

Services

Director - Defense Research and Engineering

Associate Deputy Secretary

Asst. Secy. - Import Administration

Under Secy. - Marketing and Regulatory

Programs

U.S. Alt. Rep. - U.N. Economic and Social

Council

Asst. Secy. - Public Health and Science

Asst. Secy. - Fish, Wildlife, and Parks

Asst. Secy. - Fossil Energy

Asst. Secy. - Policy

Commissioner - Administration for Native

Americans

Asst. Secy. - Command, Control,

Communications, and Intelligence

Associate Attorney General

Asst. Secy. - Postsecondary Education

DOJ

09/10/01

02/11/02

11/08/01

03/15/02

William H. Taft IV

Legal Advisor

DOS

03/08/01

04/05/01

Nominee

Ronald A. Rosenfeld

Robert H. Roswell

Donald H. Rumsfeld

Jeffrey W. Runge

Allan Rutter

Marvin R. Sambur

David A. Sampson

Thomas L. Sansonetti

Eugene Scalia

Patricia L. Scarlett

Joseph E. Schmitz

William Schubert

Thomas Scully

Ronald M. Sega

Jeffrey Shane

Faryar Shirzad

Islam A. Siddiqui

Sichan Siv

Eve Slater

Kenneth L. Smith

Michael Smith

Christopher T. Spear

Quanah C. Stamps

John P. Stenbit

CRS-52

Nominee

Francis X. Taylor

John B. Taylor

Peter B. Teets

Larry D. Thompson

Tommy G. Thompson

Diane L. Tomb

Alberto F. Trevino

John F. Turner

Position

Amb.-at-Large - Coordinator - Counterterrorism

Asst. Secy. - Diplomatic Security and Foreign

Missions

Under Secy. - International Affairs

Under Secy. - Air Force

Deputy Attorney General

Secretary

Asst. Secy. - Public Affairs

Asst. Secy. - Policy Development and Research

Asst. Secy. - Oceans and International

Environmental and Scientific Affairs

Asst. Secy. - Oceans and International

Environmental and Scientific Affairs

Dept.

DOS

Nomination date

05/22/01

09/04/02

Confirmation date

07/11/01

11/12/02

Days to

confirm

TREA

DOD

DOJ

HHS

HUD

DOS

04/04/01

10/30/01

03/22/01

01/20/01

11/27/01

04/29/02

07/31/01

05/26/01

12/08/01

05/10/01

01/24/01

03/22/02

11/12/02

165

Returned 08/03/01

DOS

09/04/01

10/30/01

127

Kathleen P. Utgoff

Commissioner - Bureau of Labor Statistics

DOL

03/21/02

07/26/02

Michelle Van Cleave

Asst. Secy. - Special Operations and Low

Intensity Conflict

Asst. Secy. - Aviation and International Affairs

General Counsel

Secretary

Asst. Secy. - Communications and Information

DOD

09/21/01

Withdrawn 10/25/01

DOT

USDA

DOC

09/12/01

06/12/01

09/04/01

01/20/01

06/26/01

09/21/01

Returned 08/03/01

09/24/01

01/20/01

08/03/01

DOD

USDA

DOI

HUD

09/25/01

04/25/01

11/07/01

04/30/01

11/08/01

05/22/01

01/25/02

05/24/01

TREA

HHS

DOD

02/26/01

04/06/01

05/01/01

04/30/01

03/01/01

05/01/01

05/24/01

07/12/01

TREA

DOI

DOS

08/03/01

09/04/01

09/25/01

11/01/01

06/21/01

Returned 08/03/01

01/25/02

110

01/29/02

11/09/01

07/19/01

DOD

DOS

DOC

DOD

09/21/01

01/05/01

09/10/01

07/12/01

02/15/01

10/16/01

Withdrawn 03/19/01

09/26/01

08/03/01

02/28/01

Read Van de Water

Kirk Van Tine

Ann M. Veneman

Nancy Victory

Mary L. Walker

Mary K. Waters

Rebecca W.Watson

John C. Weicher

General Counsel - Air Force

Asst. Secy. - Congressional Relations

Asst. Secy. - Land and Minerals Management

Asst. Secy. - Housing and Federal Housing

Commissioner

Mark A. Weinberger

Asst. Secy. - Tax Policy

Scott Whitaker

Asst. Secy. - Legislation

Thomas E. White

Secretary - Army

Grover J. Whitehurst

Asst. Secy. - Education Research and

Improvement

B. John Williams, Jr.

Chief Counsel IRS/Asst. Gen. Counsel for Tax

B. John Williams, Jr.

Chief Counsel IRS/Asst. Gen. Counsel for Tax

Steven A. Williams

Dir. - Fish and Wildlife Service

Richard S. Williamson

U.S. Alt. Rep. - U.N. Special Political Affairs

Joanne M. Wilson

Commissioner - Rehabilitative Services

Administration

William Winkenwerder, Jr. Asst. Secy. - Health Affairs

Judith A. Winston

Under Secretary

John S. Wolf

Asst. Secy. - Nonproliferation

Otto Wolff

Asst. Secy. - Administration

Otto Wolff

Chief Financial Officer

Paul D. Wolfowitz

Deputy Secretary

CRS-53

Nomination date

06/12/01

Confirmation date

07/12/01

Days to

confirm

DOD

06/12/01

07/12/01

DOD

HHS

DOJ

03/13/01

04/29/02

06/12/01

05/01/01

05/02/02

07/31/01

Nominee

Michael W. Wynne

Position

Dept.

Dep. Under Secy. - Acquisition and Technology DOD

John J. Young, Jr.

Asst. Secy. - Navy - Research, Development,

and Acquisition

Dov S. Zakheim

Elias A. Zerhouni

James W. Ziglar

Under Secy. - Comptroller

Director - National Institutes of Health

Commissioner - Immigration and Naturalization

Service

Mean number of days to confirma

Median number of days to confirma

a. If the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees,

the mean number of days to confirm would be 50, and the median would be 38. Please see page 2 of this report regarding

the calculation of this number.

CRS-54

Appendix B. Appointment Action, 107th Congress

Department

Agriculture

Commerce

Defense

Education

Energy

Health and Human

Services

Housing and Urban

Development

Interior

Justice

Labor

State

Transportation

Treasury

Veterans Affairs

Total

Positions

Nominations

Individual

Nominees

Confirmations

Returned

Withdrawn

Recess

Appointments

(Bush)

Mean

days to

confirma

(adjusted)

41 (47)

44 (47)

41 (43)

38 (44)

57 (58)

49 (54)

65 (65)

47 (47)

337

354

307

297

58 (59)

60 (75)

40 (40)

37 (40)

30 (37)

61 (63)

30 (30)

46 (50)

50 (50)

53 (60)

24 (24)

25 (33)

22 (41)

53 (53)

24 (24)

36 (38)

Median

days to

confirma

(adjusted)

22 (25)

39 (39)

30 (30)

32 (37)

38 (38)

40 (40)

a. These two columns show, respectively, the mean and median number of days to confirm for all confirmed nominations for each department. The totals at the bottoms of the two

columns are the means and medians for all confirmed nominations in all departments for the 107th Congress. If the number of days the first (pre-Aug. 2001 recess) nominations

were pending in the Senate were included in these figures, the means and medians would be adjusted as shown in parentheses.

CRS-55

Appendix C. Senate Recessesa for the 107th

Congress

Date Recessed

Date Reconvened

Number of Days

Recessedb

The first session of 107th Congress convened on 01/03/01.

01/08/01

01/20/01

02/15/01

02/26/01

04/06/01

04/23/01

05/26/01

06/05/01

06/29/01

07/09/01

08/03/01

09/04/01

10/18/01

10/23/01

11/16/01

11/27/01

The Senate adjourned sine die on 12/20/01. The second session of 107th Congress

convened 01/23/02. The intersession (period between these two dates) was 33 days

long.

01/29/02

02/04/02

02/15/02

02/25/02

03/22/02

04/08/02

05/23/02

06/03/02

06/28/02

07/08/02

08/01/02

09/03/02

The Senate adjourned sine die on 11/20/02. The first session of the 108th Congress

convened on 01/07/03. The intersession (period between these two dates) was 47

days long.

a. Includes all recesses of 4 days or longer as indicated in the Senate “Days-in-Session Calendars”

Web site at [http://thomas.loc.gov/home/ds/index.html#senate], visited Feb. 3, 2002.

b. In this table, the number of days recessed includes all those days between the date recessed and the

date reconvened.

CRS-56

Appendix D. Abbreviations of Departments

DOC

Department of Commerce

DOD

Department of Defense

DOE

Department of Energy

DOI

Department of the Interior

DOJ

Department of Justice

DOL

Department of Labor

DOS

Department of State

DOT

Department of Transportation

DVA

Department of Veterans Affairs

Department of Education

HHS

Department of Health and Human Services

HUD

Department of Housing and Urban Development

TREA

Department of the Treasury

USDA

Department of Agriculture

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