# Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3ARL31346 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** February 10, 2003 - **Citation:** RL31346 ## Text 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 Of these nominations, seven were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 347 nominations, of which 297 were confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess, one was returned to him at the adjournment of the first session, and 12 were returned to him at the end of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. 1 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. 2 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. 3 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 22 354 297 307 35 1 12 7 2 8 0 3 4 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, 4 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. CRS-3 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. 5 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. CRS-4 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 6 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 7 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 8 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 9 Art. II, Sec. 2, cl. 3 of the Constitution. 10 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). 11 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). CRS-7 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 12 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. 13 P.L. 105-277, Div. C, Title I, Sec. 151; 5 U.S.C. 3345-3349d. 14 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). 15 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 15 (...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). 16 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. 17 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. 17 (...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 01/20/01 1 Lou Gallegos Asst. Secy. - Administration 04/25/01 05/22/01 27 Mary K. Waters Asst. Secy. - Congressional Relations 04/25/01 05/22/01 27 Eric M. Bost Under Secy. - Food, Nutrition and Consumer Services 04/30/01 05/22/01 22 William T. Hawks Under Secy. - Marketing and Regulatory Programs 04/30/01 05/22/01 22 Joseph J. Jen Under Secy. - Research, Education, and Economics 04/30/01 07/12/01 73 J. B. Penn Under Secy. - Farm and Foreign Agricultural Services 04/30/01 05/22/01 22 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 22 Hilda G. Legg Admin. - Rural Utilities Service 09/04/01 09/26/01 22 Edward R. McPherson Chief Financial Officer 09/12/01 09/26/01 14 Nancy S. Bryson General Counsel 12/20/01 03/22/02 59 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 23 22 Recess Appointment 08/06/02e 09/30/02 Returned 11/20/02d Mean number of days to confirm a nomination 41 Median number of days to confirm a nomination 22 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 I II III III III III III III III IV IV IV IV IV IV 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 01/20/01 1 Kenneth I. Juster Under Secy. - Export Administration 03/15/01 05/10/01 56 Faryar Shirzad Asst. Secy. - Import Administration 03/22/01 05/01/01 40 Grant D. Aldonas Under Secy. - International Trade Administration 03/29/01 05/10/01 42 Brenda L. Becker Asst. Secy. - Legislative and Governmental Affairs 03/29/01 05/03/01 35 Theodore W. Kassinger General Counsel 04/04/01 05/03/01 29 Maria Cino Asst. Secy. and Director General - U.S. and Foreign Commercial Service 04/06/01 05/25/01 49 James J. Jochum Asst. Secy. - Export Administration 04/30/01 05/16/01 16 Bruce P. Mehlman Asst. Secy. - Technology Policy 04/30/01 05/25/01 25 David A. Sampson Asst. Secy. - Economic Development 04/30/01 08/03/01 95 Kathleen B. Cooper Under Secy. - Economic Affairs 04/30/01 05/25/01 25 William H. Lash III Asst. Secy. - Market Access and Compliance 05/08/01 07/19/01 72 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 31 Michael J. Garcia Asst. Secy. - Export Enforcement 06/18/01 08/03/01 46 Nancy Victory Asst. Secy. - Communications and Information 06/26/01 08/03/01 38 Linda M. Conlin Asst. Secy. - Trade Development 06/28/01 08/03/01 36 Otto Wolff Asst. Secy. - Administration 07/12/01 08/03/01 22 Otto Wolff Chief Financial Officer 07/12/01 08/03/01 22 Phillip J. Bond Under Secy. - Technology 09/04/01 10/23/01 49 James E. Rogan Under Secy. - Intellectual Property and Dir. - U.S. Patent and Trademark 09/04/01 11/30/01 87 Conrad C. Lautenbacher, Under Secy. - Oceans and Atmosphere Jr. 10/16/01 11/30/01 45 Arden Bement, Jr. 10/23/01 11/30/01 38 Charles Louis Kincannon Director - Census 11/15/01 03/13/02 85 James R. Mahoney 12/04/01 03/22/02 75 Director - National Institute of Standards and Technology Asst. Secy. - Oceans and Atmosphere Mean number of days to confirm a nomination 44 Median number of days to confirm a nomination 39 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 I II II II 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 III III IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV V 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 01/20/01 1 Paul D. Wolfowitz Deputy Secretary 02/15/01 02/28/01 13 Dov S. Zakheim Under Secy. - Comptroller 03/13/01 05/01/01 49 b Charles S. Abell Asst. Secy. - Force Management Policy 03/29/01 05/03/01 35 Victoria Clarke Asst. Secy. - Public Affairs 04/05/01 05/17/01 42 Powell A. Moore Asst. Secy. - Legislative Affairs 04/23/01 05/01/01 8 William J. Haynes II General Counsel 04/23/01 05/17/01 24 Edward C. Aldridge, Jr. Under Secy. - Acquisition , Technology, and Logistics 04/23/01 05/08/01 15 Douglas J. Feith Under Secy. - Policy 04/30/01 07/12/01 73 David S. C. Chu Under Secy. - Personnel and Readiness 04/30/01 05/26/01 26 Gordon England Secretary - Navy 04/30/01 05/22/01 22 Thomas E. White Secretary - Army 05/01/01 05/24/01 23 Jack D. Crouch II Asst. Secy. - International Security Policy 05/07/01 08/01/01 86 James G. Roche Secretary - Air Force 05/07/01 05/24/01 17 Susan M. Livingstone Under Secy. - Navy 05/07/01 07/19/01 73 Peter W. Rodman Asst. Secy. - International Security Affairs 05/14/01 07/12/01 59 Thomas P. Christie Director - Operational Testing and Evaluation 05/24/01 07/12/01 49 Diane K. Morales Dep. Under Secy. - Logistics and Materiel Readiness 06/05/01 07/12/01 37 Steven J. Morello, Sr. General Counsel - Army 06/05/01 07/12/01 37 William A. Navas, Jr. Asst. Secy. - Navy - Manpower and Reserve Affairs 06/07/01 07/12/01 35 Michael Montelongo Asst. Secy. - Air Force - Financial Management and Comptroller 06/12/01 07/12/01 30 Reginald J. Brown Asst. Secy. - Army - Manpower and Reserve Affairs 06/12/01 07/12/01 30 John J. Young, Jr. Asst. Secy. - Navy - Research, Development, and Acquisition 06/12/01 07/12/01 30 Alberto J. Mora General Counsel - Navy 06/12/01 07/19/01 37 Stephen A. Cambone Dep. Under Secy. - Policy 06/12/01 07/19/01 37 Michael W. Wynne Dep. Under Secy. - Acquisition and Technology 06/12/01 07/12/01 30 CRS-15 Nominated Confirmed Days to confirma Asst. Secy. - Navy - Financial Management and Comptroller 06/12/01 07/12/01 30 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 36 John P. Stenbit Asst. Secy. - Command, Control, Communications, and Intelligence 07/12/01 08/03/01 22 Michael L. Dominguez Asst. Secy. - Air Force - Manpower and Reserve Affairs 07/12/01 08/03/01 22 Nelson F. Gibbs Asst. Secy. - Air Force - Installations and Environment 07/12/01 08/03/01 22 Mario P. Fiori Asst. Secy. - Army - Installations and Environment 07/12/01 08/03/01 22 Ronald M. Sega Director - Defense Research and Engineering 07/12/01 08/03/01 22 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 22 Peter Pace Vice Chairman - Joint Chiefs of Staff 09/04/01 09/26/01 22 Marvin R. Sambur Asst. Secy. - Air Force - Acquisition 09/04/01 11/08/01 65 Michael Parker Asst. Secy. - Army - Civil Works 09/04/01 09/26/01 22 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 25 Mary L. Walker General Counsel - Air Force 09/25/01 11/08/01 44 Sandra L. Pack Asst. Secy. - Army - Financial Management and Comptroller 10/10/01 11/08/01 29 Dale Klein Asst. to the Secy. - Nuclear, Chemical, and Biological Defense Programs 10/18/01 11/08/01 21 R. L. Brownlee Under Secy. - Army 10/30/01 11/08/01 9 Peter B. Teets Under Secy. - Air Force 10/30/01 12/08/01 39 Claude M. Bolton, Jr. Asst. Secy. - Army - Acquisitions, Logistics, and Technology 11/08/01 12/20/01 42 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 41 Median number of days to confirm a nomination 30 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 I II II III III III III III IV IV IV IV IV IV IV IV IV IV IV IV IV IV V James G. Roche Peter B. Teets Marvin R. Sambur Michael Montelongo Michael L. Dominguez Nelson F. Gibbs Mary L. Walker II IV IV IV IV IV IV 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. II IV IV IV IV IV IV IV 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 II IV IV IV IV IV IV 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 01/20/01 1 William D. Hansen Deputy Secretary 04/23/01 05/22/01 29 Grover J. Whitehurst Asst. Secy. - Educational Research and Improvement 04/30/01 07/12/01 73 Brian Jones General Counsel 04/30/01 Returned 08/03/01c Eugene W. Hickok, Jr. Under Secretary 04/30/01 07/10/01 71 Susan B. Neuman Asst. Secy. - Elementary and Secondary Education 04/30/01 07/12/01 73 Rebecca O. Campoverde Asst. Secy. - Legislation and Congressional Affairs 06/05/01 07/12/01 37 Laurie Rich Asst. Secy. - Intergovernmental and Interagency Affairs 06/12/01 07/19/01 37 Robert Pasternack Asst. Secy. - Special Education and Rehabilitative Services 06/21/01 07/19/01 28 Joanne M. Wilson Commissioner - Rehabilitation Services Administration 06/21/01 07/19/01 28 Carol D’Amico Asst. Secy. - Vocational and Adult Education 06/29/01 07/19/01 20 Brian Jones General Counsel 09/04/01 09/14/01 10 Gerald Reynolds Asst. Secy. - Civil Rights 09/25/01 Returned 11/20/02d Jack Martin Chief Financial Officer 11/05/01 01/25/02 48 William Leidinger Asst. Secy. - Management 12/20/01 02/12/02 21 Sally Stroup Asst. Secy. - Postsecondary Education 02/11/02 03/15/02 32 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 57 Mean number of days to confirm a nomination 38 Median number of days to confirm a nomination 32 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 I II III IV IV IV IV IV IV IV IV IV IV IV IV IV V 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 01/20/01 1 Bruce M. Carnes Chief Financial Officer 04/23/01 05/25/01 32 Lee S. L. Otis General Counsel 04/25/01 05/24/01 29 David Garman Asst. Secy. - Energy Efficiency and Renewable Energy 04/30/01 05/25/01 25 Jessie H. Roberson Asst. Secy. - Environmental Management 04/30/01 07/12/01 73 Francis S. Blake Deputy Secretary 04/30/01 05/25/01 25 Robert G. Card Under Secy. - Energy, Science, and Environment 05/02/01 05/25/01 23 Vicky A. Bailey Asst. Secy. - International Affairs and Domestic Policy 06/05/01 07/12/01 37 Dan R. Brouillette Asst. Secy. - Congressional and Intergovernmental Affairs 06/28/01 08/01/01 34 Theresa Alvillar-Speake Director - Office of Minority Economic Impact 07/10/01 08/03/01 24 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 42 Everet Beckner Dep. Admin. - Defense Programs, NNSAb 09/25/01 01/25/02 89 Michael Smith Asst. Secy. - Fossil Energy 10/02/01 01/25/02 82 Margaret S. Y. Chu Dir. - Office of Civilian Radioactive Waste Management 11/09/01 03/06/02 84 Beverly Cook Asst. Secy. - Environment, Safety, and Health 11/15/01 01/25/02 38 Raymond L. Orbach Dir. - Office of Science 12/11/01 03/04/02 50 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 57 Median number of days to confirm a nomination 38 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) 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 I II III III III IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV (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 4 Piyush Jindal Asst. Secy. - Planning and Evaluation 04/06/01 05/25/01 49 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 25 Claude A. Allen Deputy Secretary 04/25/01 05/26/01 31 Kevin Keane Asst. Secy. - Public Affairs 04/30/01 07/19/01 80 Thomas Scully Administrator - Centers for Medicare & Medicaid Services 04/30/01 05/25/01 25 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 59 Alex Azar II General Counsel 06/07/01 08/03/01 57 Josefina Carbonell Asst. Secy. - Aging 06/08/01 08/01/01 54 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 23 Eve Slater Asst. Secy. - Public Health and Science 12/20/01 01/25/02 3 Elias A. Zerhouni Director - National Institutes of Health 04/29/02 05/02/02 3 Richard H. Carmona Surgeon General 06/25/02 07/23/02 28 Quanah C. Stamps Commissioner - Administration for Native Americans 07/09/02 11/14/02 96 Mark B. McClellan Commissioner - Food and Drug Administration 10/02/02 10/17/02 15 Nominee Mean number of days to confirm a nomination 49 Median number of days to confirm a nomination 40 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 I II IV IV Josefina Carbonell Wade F. Horn Scott Whitaker Janet Hale IV IV IV IV 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 IV IV IV IV IV IV IV V V V NA (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 3 Alphonso R. Jackson Deputy Secretary 04/30/01 05/24/01 24 Roy A. Bernardi Asst. Secy. - Community Planning and Development 04/30/01 05/24/01 24 John C. Weicher Asst. Secy. - Housing and Federal Housing Commissr. 04/30/01 05/24/01 24 Richard A. Hauser General Counsel 04/30/01 05/24/01 24 Angela M. Antonelli Chief Financial Officer 05/16/01 07/12/01 57 Ronald A. Rosenfeld Pres. - Government National Mortgage Association 05/23/01 07/12/01 50 Michael M. F. Liu Asst. Secy. - Public and Indian Housing 06/21/01 08/03/01 43 Melody H. Fennel Asst. Secy. - Congressional and Intergovernmental Relations 07/10/01 08/03/01 24 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 94 Diane L. Tomb Asst. Secy. - Public Affairs 11/27/01 03/22/02 82 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 65 Median number of days to confirm a nomination 47 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 I II II IV IV IV IV IV IV IV IV IV IV IV IV 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 10 J. Steven Griles Deputy Secretary 04/30/01 07/12/01 73 Patricia L. Scarlett Asst. Secy. - Policy, Management, and Budget 05/14/01 07/12/01 59 Neal A. McCaleb Asst. Secy. - Indian Affairs 05/22/01 06/29/01 38 William G. Myers III Solicitor 05/23/01 07/12/01 50 Bennett W. Raley Asst. Secy. - Water and Science 05/24/01 07/12/01 49 Frances P. Mainella Director - National Park Service 06/14/01 07/12/01 28 John W. Keys III Commissioner - Bureau of Reclamation 06/14/01 07/12/01 28 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 93 Kathleen B. Clarke Dir. - Bureau of Land Management 10/18/01 12/20/01 63 Rebecca W. Watson Asst. Secy. - Land and Minerals Management 11/07/01 01/25/02 46 Mean number of days to confirm a nomination 58 Median number of days to confirm a nomination 50 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 I II IV IV IV IV — 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) — IV IV IV IV IV V V V V V V V V (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 3 Theodore B. Olson Solicitor General 03/13/01 05/24/01 72 Larry D. Thompson Deputy Attorney General 03/22/01 05/10/01 49 Daniel J. Bryant Asst. Atty. General - Legislative Affairs 03/28/01 05/10/01 43 Charles A. James, Jr. Asst. Atty. General - Antitrust Division 04/06/01 06/14/01 69 Viet D. Dinh Asst. Atty. General - Office of Legal Policy 04/23/01 05/24/01 31 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 24 Ralph F. Boyd, Jr. Asst. Atty. General - Civil Rights Division 04/30/01 07/20/01 81 Robert D. McCallum Asst. Atty. General - Civil Division 04/30/01 08/03/01 95 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 70 Eileen J. O’Connor Asst. Atty. General - Tax Division 05/24/01 07/20/01 57 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 49 Asa Hutchinson Administrator of Drug Enforcement 06/12/01 08/01/01 50 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 87 Deborah J. Daniels Asst. Atty. General - Office of Justice Programs 09/04/01 09/21/01 17 Jay S. Bybee Asst. Atty. General - Office of Legal Counsel 09/04/01 10/23/01 49 Richard R. Nedelkoff Dir. - Bureau of Justice Assistance 09/04/01 09/14/01 10 John W. Gillis Dir. - Office for Victims of Crime 09/04/01 09/14/01 10 Sharee M. Freeman Dir. - Community Relations Service 09/04/01 11/06/01 63 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 59 Juan Carlos Benitez Special Counsel - Immigration-Related Unfair Employment Practices 09/12/01 11/06/01 55 Benigno G. Reyna Director - U.S. Marshals Service 09/12/01 10/25/01 43 Lawrence A. Greenfeld Director - Bureau of Justice Statistics 11/27/01 07/29/02 211 15 CRS-29 Nominee Position Nominated Confirmed Days to confirma John B. Brown III Deputy Admin. - Drug Enforcement Administration 02/11/02 04/12/02 60 Mean number of days to confirm a nomination 60 Median number of days to confirm a nomination 53 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 I II II III III III IV IV IV IV IV IV IV IV IV IV IV 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 IV IV IV IV IV IV IV IV IV IV 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 01/29/01 1 Christpher T. Spear Asst. Secy. - Policy 04/04/01 04/06/01 2 Kristine A. Iverson Asst. Secy. - Congressional and Intergovernmental Affairs 04/05/01 04/06/01 1 Patrick Pizzella Asst. Secy. - Administration and Management 04/25/01 05/09/01 14 David D. Lauriski Asst. Secy. - Mine Safety and Health 04/30/01 05/09/01 9 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 9 Shinae Chun Dir. - Women’s Bureau 04/30/01 05/09/01 9 D. Cameron Findlay Deputy Secretary 04/30/01 05/25/01 25 John L. Henshaw Asst. Secy. - OSHA 06/12/01 08/03/01 52 Emily S. DeRocco Asst. Secy. - Employment and Training Administration 07/10/01 08/03/01 24 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 65 Tammy D. McCutchen Admin. - Wage and Hour Division 09/14/01 12/08/01 85 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 23 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 37 Kathleen P. Utgoff 03/21/02 07/26/02 127 Commissioner - Bureau of Labor Statistics 66 Recess appointment 01/11/02d Mean number of days to confirm a nomination 40 Median number of days to confirm a nomination 24 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 I II IV IV IV IV IV IV IV IV IV IV IV IV IV IV IV Vg (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 01/20/01 1 Marc I. Grossman Under Secy. - Political Affairs 03/08/01 03/23/01 15 Richard L. Armitage Deputy Secretary 03/08/01 03/23/01 15 John R. Bolton Under Secy. - Arms Control and International Security Affairs 03/08/01 03/23/01 15 Grant S. Green, Jr. Under Secy. - Management 03/08/01 03/28/01 20 William H. Taft IV Legal Advisor 03/08/01 04/05/01 28 James A. Kelly Asst. Secy. - East Asian and Pacific Affairs 04/03/01 04/26/01 23 Paula J. Dobriansky Under Secy. - Global Affairs 04/04/01 04/26/01 22 Lincoln P. Bloomfield, Jr. Asst. Secy. - Political and Military Affairs 04/05/01 05/22/01 47 A. Elizabeth Jones Asst. Secy. - European and Eurasian Affairs 04/23/01 05/25/01 32 Walter H. Kansteiner III Asst. Secy. - African Affairs 04/30/01 05/25/01 25 Lorne W. Craner Asst. Secy. - Democracy, Human Rights, and Labor 04/30/01 05/25/01 25 William J. Burns Asst. Secy. - Near Eastern Affairs 04/30/01 05/25/01 25 Ruth A. Davis Director General - Foreign Service 04/30/01 05/25/01 25 Carl W. Ford, Jr. Asst. Secy. - Intelligence and Research 04/30/01 05/25/01 25 Christina B. Rocca Asst. Secy. - South Asian Affairs 04/30/01 05/25/01 25 Paul V. Kelly Asst. Secy. - Legislative Affairs 05/14/01 05/25/01 11 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 56 Francis X. Taylor Coordinator - Counterterrorism 05/22/01 07/11/01 50 William A. Eaton Asst. Secy. - Administration 06/05/01 07/11/01 36 Clark K. Ervin Inspector General 06/14/01 08/01/01 48 Roger F. Noriega U.S. Rep. - Organization of American States 06/26/01 08/01/01 36 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 22 Charlotte L. Beers Under Secy. - Public Diplomacy and Public Affairs 09/04/01 09/26/01 22 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 56 John D. Negroponte U.S. Representative - United Nations 09/04/01 09/14/01 10 John S. Wolf Asst. Secy. - Non-proliferation 09/10/01 09/26/01 16 Patrick F. Kennedy U.S. Alt. Rep. - U.N. Management and Reform 10/02/01 10/12/01 10 Sichan Siv U.S. Alt. Rep. - U.N. Economic and Social Council 10/18/01 11/09/01 22 Christopher B. Burnham Chief Financial Officer 10/16/01 01/25/02 68 Christopher B. Burnham Asst. Secy. - Resource Management 10/30/01 01/25/02 54 Richard S. Williamson U.S. Alt. Rep. - U.N. Special Political Affairs 11/01/01 11/09/01 8 John V. Hanford III Amb.-at-Large - International Religious Freedom 11/07/01 01/25/02 46 Arthur E. Dewey Asst. Secy. - Population, Refugees, and Migration Affairs 11/15/01 01/25/02 38 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 72 Francis X. Taylor Asst. Secy. - Diplomatic Security and Director - Office of Foreign Missions 09/04/02 11/12/02 69 Maura A. Harty Asst. Secy. - Consular Affairs 09/12/02 11/14/02 63 J. Cofer Black Amb.-at-Large - Coordinator Counterterrorism 10/10/02 11/14/02 35 Recess appointment 01/11/02f Mean number of days to confirm a nomination 37 Median number of days to confirm a nomination 25 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 I II II III III III III III III III IV IV IV IV IV IV IV IV IV 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 IV IV IV IV IV IV IV IV IV IV IV Lincoln P. Bloomfield, Jr. Arthur E. Dewey Richard A. Boucherb Christina B. Rocca Paula A. DeSutter — Christopher B. Burnham Christopher B. Burnham IV IV IV IV IV IV IV IV 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 — IV IV IV IV IV IV John D. Negroponte Roger F. Noriega James B. Cunninghamb Sichan Siv Patrick F. Kennedy Richard S. Williamson II FEf III IV IV IV 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 01/24/01 1 Michael P. Jackson Deputy Secretary 03/08/01 05/03/01 56 Donna R. McLean Asst. Secy. - Budget and Programsb 04/03/01 05/25/01 52 Sean B. O’Hollaren Asst. Secy. - Governmental Affairs 04/04/01 05/25/01 51 Allan Rutter Admin. - Federal Railroad Administration 05/14/01 07/19/01 66 Jennifer L. Dorn Admin. - Federal Transit Administration 05/24/01 07/12/01 49 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 20 Ellen G. Engleman Admin. - Research and Special Programs Administration 09/04/01 09/21/01 17 Joseph M. Clapp Admin. - Federal Motor Carrier Safety Administration 09/04/01 09/26/01 22 Mary E. Peters Admin. - Federal Highway Administration 09/04/01 09/26/01 22 Read Van de Water Asst. Secy. - Aviation and International Affairs 09/12/01 09/21/01 9 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 43 John Magaw Under Secy. - Security 12/13/01 01/28/02 13 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 15 James M. Loy Under Secy. - Security 11/14/02 11/18/02 4 Mean number of days to confirm a nomination Median number of days to confirm a nomination 38 30 22 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 I II II II II III III III III III III IV IV IV IV IV IV IV IV V V (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 01/20/01 1 Mark A. Weinberger Asst. Secy. - Tax Policy 02/26/01 03/01/01 3 David Aufhauser General Counsel 02/28/01 05/26/01 87 John M. Duncan Dep. Under Secy. - Legislative Affairs 02/28/01 02/28/01 1 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 52 Jimmy Gurule Under Secy. - Enforcement 04/30/01 08/03/01 95 Peter R. Fisher Under Secy. - Domestic Finance 04/30/01 08/03/01 95 Brian C. Roseboro Asst. Secy. - Financial Markets 05/14/01 07/19/01 66 Sheila Bair Asst. Secy. - Financial Institutions 06/07/01 07/19/01 42 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 38 Henrietta H. Fore Director of the Mint 06/29/01 08/03/01 35 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 85 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 15 Richard Clarida Asst. Secy. - Economic Policy 10/31/01 01/25/02 53 Kenneth Lawson Asst. Secy. - Enforcement 10/31/01 03/22/02 109 Edward Kingman, Jr. Asst. Secy. - Management 11/15/01 01/25/02 38 Edward Kingman, Jr. Chief Financial Officer 11/15/01 01/25/02 38 Randal Quarles Dep. Under Secy. - International Affairs 12/05/01 03/22/02 74 Pamela F. Olson Asst. Secy. - Tax Policy 07/18/02 09/05/02 17 Wayne Abernathy Asst. Secy. - Financial Institutions 08/01/02 11/14/02 73 Mean number of days to confirm a nomination Median number of days to confirm a nomination 61 53 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 I II III III III III III III III IV IV IV IV IV IV IV IV IV IV IV IV V SLh 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 3 Tim S. McClain General Counsel 03/22/01 04/06/01 15 Maureen P. Cragin Asst. Secy. - Public and Intergovernmental Affairs 04/23/01 05/24/01 31 Leo S. Mackay, Jr. Deputy Secretary 04/30/01 05/24/01 24 Robin L. Higgins Under Secy. - Memorial Affairs 04/30/01 05/24/01 24 Gordon H. Mansfield Asst. Secy. - Congressional and Legislative Affairs 04/30/01 08/01/01 93 Jacob Lozada Asst. Secy. - Human Resources and Admininstration 04/30/01 05/24/01 24 Claude M. Kicklighter Asst. Secy. - Policy and Planning 06/27/01 08/03/01 37 John A. Gauss Asst. Secy. - Information and Technology 07/17/01 08/03/01 17 Daniel L. Cooper Under Secy. - Benefits 02/05/02 03/22/02 45 Robert H. Roswell Under Secy. - Health 02/06/02 03/22/02 44 William H. Campbell Asst. Secy. - Management 06/06/02 06/06/02 1 Mean number of days to confirm a nomination 30 Median number of days to confirm a nomination 24 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 I II III III IV IV IV IV IV IV IV IV IV IV (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)). f The incumbent has been held over from the previous administration. CRS-43 Appendix A. Nominations and Recess Appointments, 107th Congress Dept. DOD 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 35 205 73 1 42 DOD 04/23/01 05/08/01 15 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 31 24 57 15 3 87 30 HHS 06/07/01 08/03/01 57 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 37 06/07/01 03/29/01 07/19/01 05/03/01 42 35 09/25/01 06/29/01 01/25/02 89 Returned 08/03/01 09/04/01 09/26/01 22 10/23/01 11/30/01 38 09/12/01 11/06/01 55 04/30/01 05/24/01 24 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 35 25 15 47 31 42 03/08/01 03/23/01 15 Nominee Charles S. Abell 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 Robert C. Bonner Eric M. Bost Ralph F. Boyd, Jr. Linton F. Brooks 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 Christopher B. Burnham William J. Burns Jay S. Bybee 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 Joseph M. Clapp Richard Clarida Position Under Secy. - Technology Commissioner of Customs 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 Asst. Atty. Gen. - Office of Legal Counsel Dept. DOC TREA 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 49 Returned 08/03/01 09/19/01 15 05/22/01 22 DOJ DOE 04/30/01 07/19/01 07/20/01 81 Returned 08/03/01 DOE 09/04/01 10/16/01 42 DOE 06/28/01 08/01/01 34 DOJ 02/11/02 04/12/02 60 DOD 06/12/01 07/12/01 30 DOD DOJ USDA DOS DOS DOS DOJ 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 9 05/10/01 43 03/22/02 59 01/25/02 68 01/25/02 54 05/25/01 25 Returned 08/03/01 10/23/01 49 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 Admin. - Federal Motor Carrier Administration Asst. Secy. - Economic Policy DOD DVA ED 06/12/01 06/06/02 06/05/01 07/19/01 06/06/02 07/12/01 37 1 37 HHS DOE 06/08/01 05/02/01 08/01/01 05/25/01 54 23 HHS DOE DOE DOL DOJ DOD 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 28 32 171 1 24 49 26 84 DOL DOC 04/30/01 04/06/01 05/09/01 05/25/01 9 49 DOT DOT TREA 08/03/01 09/04/01 10/31/01 Returned 08/03/01 09/26/01 22 01/25/02 53 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 36 01/25/02 38 03/22/02 45 05/25/01 25 Withdrawn 11/07/01 05/24/01 31 DOS 04/30/01 05/25/01 25 DOD HHS 05/07/01 10/02/01 08/01/01 10/25/01 86 23 Deputy Secretary Asst. Secy. - Vocational and Adult Education Asst. Atty. Gen. - Office of Justice Programs 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 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 ED DOJ 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 20 Returned 08/03/01 09/21/01 17 08/03/01 134 05/25/01 25 08/03/01 24 DOS DOS 03/22/02 11/15/01 08/01/02 01/25/02 DOJ DOS DOS DOD 04/23/01 01/05/01 04/04/01 07/12/01 05/24/01 31 Withdrawn 03/19/01 04/26/01 22 08/03/01 22 HUD HUD DOT USDA USDA USDA USDA DOC TREA 07/25/01 Returned 08/03/01 09/04/01 03/22/02 166 05/24/01 07/12/01 49 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 02/28/01 1 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 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 63 42 9 132 38 36 22 CRS-46 Nominee Ellen G. Engleman Ellen G. Engleman Clark K. Ervin Donald L. Evans Douglas J. Feith Melody H. Fennel D. Cameron Findlay Mario P. Fiori Peter R. Fis [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL31346. Public record. Not legal advice.