Presidential Appointments to Full-time Positions in Executive Departments During the 109th Congress, 2005-2006

Presidential Appointments to Full-time

Positions in Executive Departments During

the 109th Congress, 2005-2006

(name redacted)

Analyst in American National Government

Maureen Bearden

Information Research Specialist

(name redacted)

Information Research Specialist

June 10, 2008

Congressional Research Service

7-....

www.crs.gov

RL34527

CRS Report for Congress

Prepared for Members and Committees of Congress

Presidential Appointments to Full-time Positions in Executive Departments

Summary

During the 109th Congress, the President submitted to the Senate 283 nominations to executive

department full-time positions. Of these 283 nominations, 233 were confirmed; nine were

withdrawn; and 41 were returned to him in accordance with Senate rules. For those nominations

that were confirmed, an average of 75 days elapsed between nomination and confirmation. The

median number of days elapsed was 57. These statistics do not include the days during which the

Senate was adjourned for its summer recesses and between sessions of Congress.

President George W. Bush made a total of 13 recess appointments to the departments during this

period. All 13 were made during recesses within the first or second session of the 109th Congress

(intrasession recess appointments). None were made during the recess between the first and

second sessions of the Congress (intersession recess appointments).

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, telephone discussions with

agency officials, agency websites, the United States Code, and the “Plum Book” (United States

Government Policy and Supporting Positions).

This report will not be updated.

Congressional Research Service

Presidential Appointments to Full-time Positions in Executive Departments

Contents

The Appointment Process for Advice and Consent Positions..................................................1

Selection, Clearance, and Nomination .............................................................................1

Senate Consideration.......................................................................................................2

Appointment ...................................................................................................................3

Recess Appointments ............................................................................................................4

Temporary Appointments ......................................................................................................4

Appointments During the 109th Congress ..............................................................................5

Length of Time to Confirm a Nomination..............................................................................6

Organization of This Report ..................................................................................................6

Executive Department Profiles ........................................................................................6

Additional Appointment Information...............................................................................7

Department of Agriculture (USDA).............................................................................................8

Department of Commerce (DOC)................................................................................................9

Department of Defense (DOD).................................................................................................. 11

Department of Education (ED) .................................................................................................. 16

Department of Energy (DOE).................................................................................................... 17

Department of Health and Human Services (HHS) .................................................................... 19

Department of Homeland Security (DHS) ................................................................................. 21

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

Department of the Interior (DOI)............................................................................................... 25

Department of Justice (DOJ) ..................................................................................................... 27

Department of Labor (DOL)...................................................................................................... 30

Department of State (DOS) ....................................................................................................... 31

Department of Transportation (DOT) ........................................................................................ 35

Department of the Treasury (TREAS) ....................................................................................... 37

Department of Veterans Affairs (DVA) ...................................................................................... 40

Tables

Table 1. Appointment Action for 15 Departments During the 109th Congress ..............................5

Appendixes

Appendix A. Nominations and Recess Appointments, 109th Congress........................................ 42

Appendix B. Appointment Action, 109th Congress ..................................................................... 54

Appendix C. Senate Intersession Recesses, Intrasession Recesses of Four or More Days,

and Numbers of Recess Appointments to Departmental Positions, 109th Congress .................. 55

Appendix D. Abbreviations of Departments .............................................................................. 56

Congressional Research Service

Presidential Appointments to Full-time Positions in Executive Departments

Contacts

Author Contact Information ...................................................................................................... 56

Congressional Research Service

Presidential Appointments to Full-time Positions in Executive Departments

T

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

makes appointments with the advice and consent of the Senate (PAS positions). It also

identifies, for the 109th Congress, all nominations to executive-level full-time positions1 in

the 15 departments. Profiles of the departments provide basic information regarding their fulltime PAS positions and related appointment activity during the 109th Congress.

The Appointment Process for Advice and Consent Positions

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

States.2 The Constitution (Article II, Section 2, clause 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.3 Three distinct stages mark the appointment process: selection, clearance, and

nomination by the President; consideration by the Senate; and appointment by the President.

Selection, Clearance, and Nomination

In the first stage, the White House selects and clears a prospective appointee before sending a

formal nomination to the Senate. There are a number of steps in this stage of the process for most

Senate-confirmed positions. First, with the assistance of, and preliminary vetting by, the White

House Office of Presidential Personnel, the President selects a candidate for the position.

Interested parties, including Members of Congress, have sometimes had input during this process.

It has been argued that Senators are constitutionally entitled, by virtue of the advice and consent

clause noted above, to provide advice to the President regarding his selection; the extent of this

entitlement is a matter of some debate. 4 As a practical matter, in instances where Senators

perceive insufficient pre-nomination consultation has occurred, they have sometimes used holds

to block Senate confirmation for those nominations.5

During the clearance process, the candidate 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, which often includes the collection

and review of background information by the Federal Bureau of Investigation (FBI), Internal

Revenue Service (IRS), Office of Government Ethics (OGE), and an ethics official for the agency

1

Full-time departmental PAS positions that are not covered in this report include U.S. attorney and U.S. marshal

positions in the Department of Justice; most 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.

2

A succinct historical and contemporary overview of the appointment power is found in (name redacted), “Appointment

Powers,” in his Constitutional Conflicts between Congress and the President, 5th ed., rev. (Lawrence, KS: University

Press of Kansas, 2007), pp. 21-47.

3

Art. II, Sec. 2, cl. 2 provides that the President “shall nominate, and by and with the Advice and Consent of the

Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other

Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be

established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper,

in the President alone, in the Courts of Law, or in the Heads of Departments.”

4

See, for example, Michael J. Gerhardt, The Federal Appointments Process: A Constitutional and Historical Analysis

(Durham: Duke University Press, 2003), pp. 29-34.

5

See, for example, ibid., pp. 152-153.

Congressional Research Service

1

Presidential Appointments to Full-time Positions in Executive Departments

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 Office of the Counsel to the President has cleared the candidate, the nomination is ready to be

submitted to the Senate.

The selection and clearance stage has often been the longest part of the appointment process.

There have been, at times, lengthy delays, particularly when many candidates have been

processed simultaneously, such as at the beginning of an Administration, or where conflicts

needed to be resolved. Candidates for higher-level positions have often been accorded priority in

this process. In an effort to reduce the elapsed time between a new President’s inauguration and

the appointment of his or her national security team, amendments to the Presidential Transitions

Act of 1963,6 enacted at the end of 2004, encourage a President-elect to submit, for security

clearance, potential nominees to high-level national security positions as soon as possible after

the election. 7 A separate provision of law, enacted as part of the Federal Vacancies Reform Act of

1998, lengthens, during presidential transitions, the potential duration of a temporary appointment

by at least 90 days.8 Although this provision might give some additional flexibility to an incoming

President, it might also lengthen the appointment process for some positions by, in effect,

extending the deadline by which a permanent appointment must be completed.

For a position located within a state (e.g., U.S. attorney, U.S. marshal, and U.S. district judge), the

President, by custom, normally has nominated an individual recommended by the Senator or

Senators (if they are from the same party as the President) from that state. In instances where

neither Senator is from the President’s party, he usually has deferred to the recommendations of

party leaders from the state. Occasionally, the President has solicited recommendations from

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

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

by the agency as a consultant while awaiting confirmation may serve only in an advisory

capacity. If circumstances permit and conditions are met, the President could give the nominee a

recess appointment to the position (see below). Recess appointments have sometimes had

political consequences, however, particularly where Senators perceived that such an appointment

was an effort to circumvent their constitutional role. Some Senate-confirmed positions, such as

many of those in the executive departments, may also be temporarily filled under the Vacancies

Act. 9

Senate Consideration

In the second stage, the Senate alone determines whether or not to confirm a nomination.10 The

way the Senate has acted on a nomination has depended largely on the importance of the position

6

3 U.S.C. § 102 note.

P.L. 108-458, § 7601; 118 Stat. 3856.

8

5 U.S.C. § 3349a.

9

P.L. 105-277, Div. C, Title I, § 151; 5 U.S.C. §§ 3345-3349d. For more on the Vacancies Act, see CRS Report 98892, The New Vacancies Act: Congress Acts to Protect the Senate’s Confirmation Prerogative, by (name redacted).

10

For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee

and Floor Procedure, by (name redacted); and CRS Report RL31948, Evolution of the Senate’s Role in the

Nomination and Confirmation Process: A Brief History, by (name redacted).

7

Congressional Research Service

2

Presidential Appointments to Full-time Positions in Executive Departments

involved, existing political circumstances, and policy implications. Generally, the Senate has

shown particular interest in the nominee’s views and how they are likely to affect public policy.11

Two other factors have sometimes affected the scrutiny with which a nominee’s personal and

professional qualities have been examined: whether or not the President’s party controlled the

Senate and the degree to which the President became involved in supporting the nomination.

The Senate confirmation process has been centered at the committee level. Committee

nomination activity has generally included investigation, hearing, and reporting stages. As part of

investigatory work, committees have drawn on information provided by the White House, as well

as information they themselves have collected. Some committees have held hearings on nearly all

nominations; others have held hearings for only some. Hearings provide a public forum to discuss

a nomination and any issues related to the program or agency for which the nominee would be

responsible. Even where confirmation has been thought to be a virtual certainty, hearings have

provided Senators and the nominee with opportunities to go on the record with particular views or

commitments. Senators have used hearings to explore nominees’ qualifications, articulate policy

perspectives, or raise related oversight issues.

A committee may discontinue acting on a nomination at any point—upon referral, after

investigation, or after a hearing. If the committee votes to report the nomination back to the full

Senate, it has three options: it may report the nomination to the Senate favorably, unfavorably, or

without recommendation. If the committee elects not to report a nomination, the Senate may,

under certain circumstances, discharge the committee from further consideration of the

nomination in order to bring it to the floor.12

The Senate historically has confirmed most, but not all, executive nominations. Rarely, however,

has a rejection occurred on the Senate floor. Nearly all rejections have occurred in committee,

either by committee vote or by committee inaction. Rejections in committee have occurred 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. If a nomination is not acted upon by the Senate by the end of a Congress, it is

returned to the President. Pending nominations also may be returned automatically to the

President at the beginning of a recess of 30 days or longer, but the Senate rule providing for this

return is often waived.13

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 after confirmation or not at all. Once the appointee is given the

commission and sworn in, he or she has full authority to carry out the responsibilities of the

office.

11

G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189.

12

For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and

Floor Procedure, by (name redacted), p. 7.

13

The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th

Cong., 1st sess., S. Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the

Senate. For an example of a waiver of the rule, see Sen. William H. Frist, “Nominations to Remain in Status Quo,”

Congressional Record, daily edition, vol. 152, September 29, 2006, p. S10762.

Congressional Research Service

3

Presidential Appointments to Full-time Positions in Executive Departments

Recess Appointments

The Constitution also empowers the President to make limited-term appointments without Senate

confirmation when the Senate is in recess.14 Such recess appointments expire at the end of the

next session of the Senate. Appendix C provides a table showing the dates of the Senate recesses

for the 109th Congress and the number of recess appointments to full-time departmental positions

during each recess.

Presidents have occasionally used the recess appointment power to circumvent the confirmation

process. In response, Congress has enacted provisions that restrict the pay of recess appointees

under certain circumstances. Because most potential appointees to full-time positions cannot

serve without a salary, the President has an incentive to use his recess appointment authority in

ways that allow them to be paid. Under the provisions, if the position falls vacant while the

Senate is in session and the President fills it by recess appointment, the appointee may not be paid

from the Treasury until he or she is confirmed by the Senate. However, 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. 15 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.16

These provisions have been interpreted by the Department of Justice to preclude payment of an

appointee who is given successive recess appointments to the same position.17

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 recurring provision of

the funding bill for the Department of the Treasury and other agencies may prevent them from

being paid after their rejection.18

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 their offices under this authority or other statutory

authority specific to their agencies. Under the Federal Vacancies Reform Act of 1998,19 when an

executive agency position requiring confirmation becomes vacant, it may be filled temporarily in

14

Art. II, Sec. 2, cl. 3.

5 U.S.C. § 5503(a).

16

For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name red

acted); and CRS Report RL33009, Recess Appointments: A Legal Overview, by (name redacted).

17

15 Op. O.L.C. 93 (1991). See also 6 Op. O.L.C. 585 (1982); 41 Op. A.G. 463 (1960).

18

P.L. 110-161, Div. D, § 709. The provision reads, “Hereafter, no part of any appropriation 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 funding bill since

at least 1950.

19

5 U.S.C. §§ 3345-3349d.

15

Congressional Research Service

4

Presidential Appointments to Full-time Positions in Executive Departments

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 multiheaded regulatory boards and commissions and to certain other specific positions that may be

filled temporarily under other statutory provisions.20

Appointments During the 109th Congress

Table 1 summarizes appointment activity, during the 109th Congress, related to full-time positions

in the 15 departments. President George W. Bush submitted to the Senate 283 nominations to

executive department full-time positions. Of these 283 nominations, 233 were confirmed; nine

were withdrawn; and 41 were returned to the President under the provisions of Senate rules.21

President Bush made a total of 13 recess appointments to the departments during this period. All

13 were made during recesses within the first or second session of the 109th Congress

(intrasession recess appointments). None were made during the recess between the first and

second sessions of the 109th Congress (intersession recess appointments).

Table 1. Appointment Action for 15 Departments During the 109th Congress

Positions in the 15 departments (total)

358

Positions to which nominations were made

248

Individual nominees

259

Nominations submitted to the Senate during the 109th Congress (total)

283

Disposition of nominations

Confirmed by the Senate

233

Withdrawn

9

Returned (total)

41

Beginning of the summer 2005 recess

1

End of the 1st session of the 109th Congress

1

20

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).

21

Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate provides that “Nominations neither confirmed

not rejected during the session at which they are made shall not be acted upon at any succeeding session without being

again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all

nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by

the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the

President.”

Congressional Research Service

5

Presidential Appointments to Full-time Positions in Executive Departments

Beginning of the summer 2006 recess

6

Beginning of the autumn 2006 recess

5

End of the 2nd session of the 109th Congress

28

Recess Appointments (total)

13

Intersession

0

Intrasession

13

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate has varied widely. Some

nominations have been confirmed within a few days; others have been confirmed within several

months; and some have never been confirmed. This report provides, for each executive

department nomination that was confirmed in the 109th Congress, the number of days between

nomination and confirmation (“days to confirm”). For those nominations that were confirmed, an

average of 75 days elapsed between nomination and confirmation. The median number of days

elapsed was 57. These statistics exclude days during summer recesses and between sessions of

Congress. 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.22 The 33 days

during the summer 2005 recess, the 11 days between the first and second sessions of the 109th

Congress, and the 31 days during the summer 2006 recess were subtracted from the “days to

confirm” for those nominations that spanned one or more of these recesses. The sole exception

was a 39-day recess during October and November 2004. In order to maintain consistency with

similar reports for previous Congresses, no days were subtracted for this recess.

Organization of This Report

Executive Department Profiles

Each of the 15 executive department profiles provided in this report is organized into two parts: a

table providing information, as of the end of the 109th Congress, regarding the organization’s fulltime PAS positions, and a table listing nominations and appointments to these positions during the

109th Congress. Data for these tables were collected from several authoritative sources.23

The first of these two tables identifies, as of the end of the 109th Congress, each full-time PAS

position in the department,24 its incumbent, and its pay level. An incumbent’s name followed by

22

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.

23

Sources include 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, telephone

discussions with agency officials, agency websites, the United States Code, and the “Plum Book” (U.S. Congress,

House Committee on Government Reform, United States Government Policy and Supporting Positions, committee

print, 108th Cong., 2nd sess., Committee Print, November 22, 2004 (Washington: GPO, 2004)).

24

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

(continued...)

Congressional Research Service

6

Presidential Appointments to Full-time Positions in Executive Departments

“(A)” indicates an official who was, at that time, serving in an acting capacity. A blank space

indicates either that the position was vacant or that information about the position-holder was not

available. For most presidentially appointed positions requiring Senate confirmation, the pay

levels fall under the Executive Schedule, which, as of January 2007, ranged from level I

($186,600) for cabinet level offices to level V ($136,200) for the lowest-ranked positions.

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 returned to or

withdrawn by the President) are also noted. Some individuals were nominated more than once for

the same position, either because the first nomination was returned to the President 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), as discussed above, under “Recess Appointments.”

Each appointment action table provides the average “days to confirm” in two ways: mean and

median. The mean is determined by calculating, for each confirmed nomination, the number of

days between the nomination and confirmation dates, determining the cumulative total of these

days, and dividing the result by the number of nominations confirmed. The median is the middle

number when the “days to confirm” data for all the confirmed nominations are arranged in

numerical order.

Additional Appointment Information

Appendix A presents a table of all nominations and recess appointments to positions in executive

departments, alphabetically organized, by last name, 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,

or returned. The mean and median numbers of days taken to confirm a nomination are also

provided, calculated as described above.

Appendix B provides a table with summary information on appointments and nominations, by

department. For each of the 15 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.

Appendix C provides a table showing the dates of the Senate recesses for the 109th Congress and

the number of recess appointments during each recess.

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

(...continued)

positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; most

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.

Congressional Research Service

7

Presidential Appointments to Full-time Positions in Executive Departments

Department of Agriculture (USDA)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

Mike Johanns

I

Deputy Secretary

Charles F. Conner

II

Under Secretary - Farm and Foreign Agricultural

Services

Floyd D. Gaibler

III

Under Secretary - Food, Nutrition, and Consumer

Services

Nancy M. Johner

III

Under Secretary - Food Safety

Richard A. Raymond

III

Under Secretary - Marketing and Regulatory Programs

Bruce I. Knight

III

Under Secretary - Natural Resources and Environment

Mark E. Rey

III

Under Secretary - Research, Education, and Economics

Gale A. Buchanan

III

Under Secretary - Rural Development

Thomas C. Dorr

III

Assistant Secretary - Administration

Boyd K. Rutherford

IV

Assistant Secretary - Civil Rights

Margo M. McKay

IV

Assistant Secretary - Congressional Relations

Linda A. Strachan

IV

Chief Financial Officera

Charles R. Christopherson Jr.

IV

General Counsel

Marc L. Kesselman

IV

Inspector Generalb

Phyllis K. Fong

IV

Administrator - Rural Utilities Services

James M. Andrew

IV

a.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)).

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. App. § 3(b)).

USDA Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Mike Johanns

Secretary

01/04/05

01/20/05

16

Thomas C. Dorr

Under Secy. - Rural

Development

01/24/05

07/21/05

178

Charles F. Conner

Deputy Secy.

03/14/05

04/27/05

44

Richard A. Raymond

Under Secy. - Food Safety

05/26/05

07/01/05

36

James M. Andrew

Admin. - Rural Utilities Service

09/06/05

11/10/05

65

Congressional Research Service

8

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Charles R.

Christopherson Jr.

Chief Financial Officer

09/08/05

11/10/05

63

Marc L. Kesselman

General Counsel

11/16/05

05/12/06

166

Gale A. Buchanan

Under Secy. - Research,

Education, and Economics

01/18/06

05/12/06

114

Boyd K. Rutherford

Asst. Secy. - Administration

01/27/06

05/12/06

105

Linda A. Strachan

Asst. Secy. - Congressional

Relations

02/17/06

05/12/06

84

Margo M. McKay

Asst. Secy. - Civil Rights

06/12/06

08/03/06

52

Nancy M. Johner

Under Secy. - Food, Nutrition,

and Consumer Services

06/16/06

08/03/06

48

Bruce I. Knight

Under Secy. - Marketing and

Regulatory Programs

06/29/06

08/03/06

35

Mark E. Keenum

Under Secy. - Farm and Foreign

Agricultural Services

11/13/06

Returned 12/09/06a

Mean number of days to confirm a nomination

77

Median number of days to confirm a nomination

63

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of Commerce (DOC)

Full-time PAS Positions, as of the End of the 109th Congress

Positiona

Incumbent

Secretary

Carlos M. Gutierrez

I

Deputy Secretary

David A. Sampson

II

Under Secretary - Economic Affairs

Cynthia A. Glassman

III

Under Secretary - Export Administration

Mark Foulon (A)

III

Under Secretary - Intellectual Property/Director - U.S.

Patent and Trademark Office

Jonathan W. Dudas

III

Under Secretary - International Trade

Franklin L. Lavin

III

Under Secretary - Oceans and

Atmosphere/Administrator - National Oceanic and

Atmospheric Administration (NOAA)

Conrad C. Lautenbacher Jr.

III

Under Secretary - Technology

Robert C. Cresanti

III

Assistant Secretary - Administration/Chief Financial

Officerb

Otto J. Wolff

IV

Assistant Secretary - Communications and Information

John M. R. Kneuer

IV

Congressional Research Service

Pay level

9

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

Assistant Secretary - Economic Development

Santanu K. Baruah

IV

Assistant Secretary - Export Administration

Christopher A. Padilla

IV

Assistant Secretary - Export Enforcement

Darryl W. Jackson

IV

Assistant Secretary - Import Administration

David M. Spooner

IV

Assistant Secretary - Legislative and Intergovernmental

Affairs

Nathaniel F. Wienecke

IV

Assistant Secretary - Manufacturing and Services

Albert A. Frink Jr

IV

Assistant Secretary - Market Access and Compliance

David S. Bohigian

IV

Assistant Secretary - Oceans and Atmosphere/Deputy

Administrator - NOAA

John “Jack” Kelly (A)

IV

Assistant Secretary - Technology Policy

—

IV

Assistant Secretary - Trade Promotion/Director

General - U.S. and Foreign Commercial Service

Israel Hernandez

IV

Director - Bureau of the Census

C. Louis Kincannon

IV

Director - National Institute of Standards and

Technology

William A. Jeffrey

IV

General Counsel

John J. Sullivan

IV

Inspector Generalc

Johnnie E. Frazier

IV

Chief Scientist - NOAAd

—

V

a.

Positions in this column do not include officer corps of the National Oceanic and Atmospheric

Administration (NOAA).

b.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Wolff was separately nominated and confirmed to be

CFO and to be Assistant Secretary for Administration in the 107th Congress.

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. App. § 3(b)).

d.

According to an agency spokesperson, this position has not been filled since 1996; there are currently no

plans to fill it.

DOC Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Carlos M. Gutierrez

Secretary

01/04/05

01/24/05

20

David A. Sampson

Deputy Secy.

04/04/05

07/22/05

109

John J. Sullivan

General Counsel

05/09/05

07/22/05

74

William A. Jeffrey

Dir. - National Institute of

Standards and Technology

05/25/05

07/22/05

58

Congressional Research Service

10

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Israel Hernandez

Asst. Secy. - Trade

Promotion/Dir. Gen. - U.S. and

Foreign Commercial Service

05/26/05

10/07/05

101

David H. McCormick

Under Secy. - Export

Administration

06/28/05

10/07/05

68

Darryl W. Jackson

Asst. Secy. - Export Enforcement

06/28/05

10/07/05

68

Franklin L. Lavin

Under Secy. - International

Trade

07/29/05

10/28/05

58

Santanu K. Baruah

Asst. Secy. - Economic

Development

09/06/05

12/17/05

102

David S. Bohigian

Asst. Secy. - Market Access and

Compliance

10/06/05

12/17/05

72

Robert C. Cresanti

Under Secy. - Technology

11/10/05

03/16/06

115

David M. Spooner

Asst. Secy. - Import

Administration

11/10/05

12/17/05

37

John G. Emling

Asst. Secy. - Legislative and

Intergovernmental Affairs

02/27/06

John M. R. Kneuer

Asst. Secy. - Communications

and Information

05/01/06

12/09/06

191

Nathaniel F. Wienecke

Asst. Secy. - Legislative and

Intergovernmental Affairs

06/29/06

08/03/06

35

Christopher A. Padilla

Asst. Secy. - Export

Administration

07/13/06

09/29/06

47

Cynthia A. Glassman

Under Secy. - Economic Affairs

08/03/06

09/29/06

26

Jane C. Luxton

Asst. Secy. - Oceans and

Atmosphere

09/29/06

Withdrawn 04/24/06

Returned 12/09/06a

Mean number of days to confirm a nomination

74

Median number of days to confirm a nomination

68

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of Defense (DOD)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Secretary

Donald Rumsfeld

I

Deputy Secretary

Gordon England

II

Under Secretary - Acquisition, Technology, and

Logistics

Kenneth J. Krieg

II

Congressional Research Service

Pay level

11

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Under Secretary - Comptroller/Chief Financial Officera

Tina W. Jonas

III

Under Secretary - Intelligence

James R. Clapper

III

Under Secretary - Personnel and Readiness

David S. C. Chu

III

Under Secretary - Policy

Eric S. Edelman

III

Deputy Under Secretary - Acquisition and Technology

James I. Finley

III

Deputy Under Secretary - Logistics and Materiel

Readiness

P. Jackson Bell

III

Principal Deputy Under Secretary - Personnel and

Readiness

Michael L. Dominguez

IV

Principal Deputy Under Secretary - Policy

Christopher R. Henry

IV

Assistant Secretary - Health Affairs

William Winkenwerder

IV

Assistant Secretary - Homeland Defense

Paul McHale

IV

Assistant Secretary - International Security Affairs

Peter W. Rodman

IV

Assistant Secretary - International Security Policy

Peter C. W. Flory

IV

Assistant Secretary - Legislative Affairs

Robert L. Wilkie

IV

Assistant Secretary - Networks and Information

Integration

John G. Grimes

IV

Assistant Secretary - Public Affairs

Dorrance Smith

IV

Assistant Secretary - Reserve Affairs

Thomas F. Hall

IV

Assistant Secretary - Special Operations and LowIntensity Conflict

Thomas W. O’Connell

IV

Director - Defense Research and Engineering

John J. Young Jr.

IV

Director - Operational Test and Evaluation

Charles E. McQueary

IV

General Counsel

William J. Haynes II

IV

Inspector Generalb

Thomas F. Gimble

IV

Assistant to the Secretary - Nuclear and Chemical and

Biological Defense Programs

Dale Klein

V

Secretary

Michael W. Wynne

II

Under Secretary

Ronald M. Sega

IV

Assistant Secretary - Acquisition

Sue C. Payton

IV

Assistant Secretary - Financial

Management/Comptroller

John C. Vonglic (A)

IV

Assistant Secretary - Manpower and Reserve Affairs

Craig W. Duehring (A)

IV

Assistant Secretary - Installations, Environment, and

Logistics

William C. Anderson

IV

General Counsel

Mary L. Walker

IV

Secretary

Francis J. Harvey

II

Under Secretary

Preston M. Geren

IV

Department of the Air Force

Department of the Army

Congressional Research Service

12

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Assistant Secretary - Civil Works

John P. Woodley Jr.

IV

Assistant Secretary - Financial

Management/Comptroller

Nelson M. Ford

IV

Assistant Secretary - Installations and Environment

Keith E. Eastin

IV

Assistant Secretary - Manpower and Reserve Affairs

Ronald J. James

IV

Assistant Secretary - Acquisition, Logistics, and

Technology

Claude M. Bolton

IV

General Counsel

Benedict S. Cohen

IV

Secretary

Donald C. Winter

II

Under Secretary

Dionel M. Aviles

IV

Assistant Secretary - Financial

Management/Comptroller

Richard Greco Jr.

IV

Assistant Secretary - Installations and Environment

Buddie J. Penn

IV

Assistant Secretary - Manpower and Reserve Affairs

William H. Navas Jr.

IV

Assistant Secretary - Research, Development, and

Acquisition

Delores M. Etter

IV

General Counsel

Frank R. Jimenez

IV

Department of the Navy

Joint Chiefs of Staffc

Chairman

Peter Pace

Vice Chairman

Edmund P. Giambastiani Jr.

Chief of Staff (Air Force)

T. Michael Moseley

Chief of Staff (Army)

Peter J. Schoomaker

Chief of Naval Operations

Michael G. Mullen

Commandant of the Marine Corps

James T. Conway

(Members of

the Joint Chiefs

of Staff are

compensated

under the

military pay

system, rather

than the

executive

schedule.)

a.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). In the 108th Congress, Jonas was confirmed to be Under

Secretary of Defense/Comptroller, and she also served as CFO.

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. App. § 3(b)).

c.

The chairman and vice chairman serve two-year terms; other members serve four-year terms.

Congressional Research Service

13

Presidential Appointments to Full-time Positions in Executive Departments

DOD Appointment Action During the 109th Congress

Nominee/

recess appointee

Positions

Nominated

Confirmed

Days to

confirm

Peter C. W. Flory

Asst. Secy. - International

Security Policy

01/24/05

John P. Woodley Jr.

Asst. Secy. - Army - Civil Works

01/24/05

05/12/05

108

Buddie J. Penn

Asst. Secy. - Navy - Installations

and Environment

01/24/05

02/17/05

24

Michael G. Mullen

Chief of Naval Operations - Joint

Chiefs of Staff

03/02/05

04/28/05

57

Michael W. Wynne

Under Secy. - Acquisition,

Technology and Logistics

Kenneth J. Krieg

Under Secy. - Acquisition,

Technology and Logistics

04/04/05

05/26/05

52

Gordon England

Deputy Secy.

04/07/05

04/06/06

320

Peter Pace

Chairman - Joint Chiefs of Staff

04/25/05

07/15/05

81

Edmund P. Giambastiani Jr.

Vice Chairman - Joint Chiefs of

Staff

04/25/05

07/15/05

81

T. Michael Moseley

Chief of Staff - Air Force - Joint

Chiefs of Staff

05/16/05

06/30/05

45

Daniel R. Stanley

Asst. Secy. - Legislative Affairs

05/16/05

06/30/05

45

Eric S. Edelman

Under Secy. - Policy

05/16/05

02/09/06

225

William C. Anderson

Asst. Secy. - Air Force Installations, Environment, and

Logistics

05/26/05

10/28/05

122

John G. Grimes

Asst. Secy. - Networks and

Information Integration

06/16/05

10/28/05

101

P. Jackson Bell

Deputy Under Secy. - Logistics

and Materiel Readiness

06/28/05

07/29/05

31

Ronald M. Sega

Under Secy. - Air Force

06/28/05

07/29/05

31

Keith E. Eastin

Asst. Secy. - Army - Installations

and Environment

06/29/05

07/29/05

30

John J. Young Jr.

Dir. - Defense Research and

Engineering

07/28/05

10/28/05

59

Peter C. W. Flory

Asst. Secy. - International

Security Policy

Recess Appointment 08/02/05c

Eric S. Edelman

Under Secy. - Policy

Recess Appointment 08/09/05d

Michael W. Wynne

Secretary - Air Force

09/06/05

10/28/05

52

Donald C. Winter

Secretary - Navy

09/06/05

11/10/05

65

Delores M. Etter

Asst. Secy. - Navy - Research,

Development, and Acquisition

09/06/05

10/28/05

52

Peter C. W. Flory

Asst. Secy. - International

Security Policy

09/19/05

Returned 12/09/06a

Eric S. Edelman

Under Secy. - Policy

09/19/05

Returned 12/09/06a

Congressional Research Service

Returned 12/09/06a

Recess Appointment 04/01/05b

14

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Positions

Nominated

Confirmed

Days to

confirm

Dorrance Smith

Asst. Secy. - Public Affairs

09/22/05

04/07/06

186

Michael L. Dominguez

Principal Deputy Under Secy. Personnel and Readiness

12/13/05

06/29/06

187

James I. Finley

Deputy Under Secy. - Acquisition

and Technology

12/20/05

02/17/06

48

Gordon England

Deputy Secy.

Recess Appointment 01/04/06e

Dorrance Smith

Asst. Secy. - Public Affairs

Recess Appointment 01/04/06e

Preston M. Geren

Under Secy. - Army

01/18/06

02/17/06

30

Benedict S. Cohen

General Counsel - Army

02/06/06

08/03/06

178

Dorrance Smith

Asst. Secy. - Public Affairs

02/10/06

Returned 12/09/06a

Gordon England

Deputy Secy.

02/10/06

Returned 12/09/06a

Anita K. Blair

Asst. Secy. - Air Force Manpower and Reserve Affairs

04/24/06

Returned 12/09/06a

Sue C. Payton

Asst. Secy. - Air Force Acquisition

04/25/06

David H. Laufman

Inspector General

06/05/06

James T. Conway

Commandant - Marine Corps Joint Chiefs of Staff

06/14/06

08/02/06

49

Robert L. Wilkie

Asst. Secy. - Legislative Affairs

06/26/06

09/29/06

64

Frank R. Jimenez

General Counsel - Navy

06/29/06

09/21/06

53

Charles E. McQueary

Dir. - Operational Test and

Evaluation

06/29/06

07/21/06

22

Ronald J. James

Asst. Secy. - Army - Manpower

and Reserve Affairs

07/21/06

09/29/06

39

Nelson M. Ford

Asst. Secy. - Army - Financial

Management/Comptroller

08/03/06

09/29/06

26

Robert M. Gates

Secretary

12/04/06

12/06/06

2

Michael J. Burns

Asst. to the Secretary - Nuclear

and Chemical and Biological

Defense Programs

12/06/06

07/21/06

87

Withdrawn 12/06/06

Returned 12/09/06a

Mean number of days to confirm a nomination

80

Median number of days to confirm a nomination

53

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

b.

Wynne’s recess appointment would have expired at the end of the second session of the 109th Congress, by

which time he had been confirmed for another position, as shown.

c.

Flory’s recess appointment expired at the end of the second session of the 109th Congress.

d.

Edelman’s recess appointment would have expired at the end of the second session of the 109th Congress,

by which time he had been confirmed, as shown.

e.

England’s and Smith’s recess appointments would have ended at the end of the first session of the 110th

Congress, by which time they had each been confirmed, as shown.

Congressional Research Service

15

Presidential Appointments to Full-time Positions in Executive Departments

Department of Education (ED)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

Margaret Spellings

I

Deputy Secretary

Raymond J. Simon

II

Director - Institute of Education Sciencesa

Grover J. Whitehurst

II

Under Secretary

David Dunn (A)

III

Chief Financial Officerb

Lawrence A. Warder

IV

Assistant Secretary - Civil Rights

Stephanie J. Monroe

IV

Assistant Secretary - Communications and Outreach

Lauren M. Maddox

IV

Assistant Secretary - Elementary and Secondary

Education

Henry L. Johnson

IV

Assistant Secretary - Legislation and Congressional

Affairs

Terrell Halaska

IV

Assistant Secretary - Management

Michell C. Clark

IV

Assistant Secretary - Planning, Evaluation and Policy

Development

Kerri L. Briggs (A)

IV

Assistant Secretary - Postsecondary Education

James F. Manning (A)

IV

Assistant Secretary - Special Education and

Rehabilitative Services

John H. Hager

IV

Assistant Secretary - Vocational and Adult Education

Troy R. Justesen

IV

General Counsel

Kent D. Talbert

IV

Inspector Generalc

John P. Higgins Jr.

IV

Commissioner - Education Statisticsd

Mark S. Schneider

IV

Commissioner - Rehabilitation Services Administration

P. Edward Anthony (A)

V

a.

This position has a six-year term and specified qualifications. See 20 U.S.C. § 9514(b, d).

b.

The chief financial officer (CFO) 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 other positions (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.

This position has a six-year term and specified qualifications. See 20 U.S.C. § 9517(b).

Congressional Research Service

16

Presidential Appointments to Full-time Positions in Executive Departments

ED Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Margaret Spellings

Secretary

01/04/05

01/20/05

16

Raymond J. Simon

Deputy Secy.

04/15/05

05/26/05

41

Kevin F. Sullivan

Asst. Secy. - Communications

and Outreach

04/28/05

07/28/05

91

Tom Luce

Asst. Secy. - Planning, Evaluation

and Policy Development

05/23/05

06/30/05

38

Henry L. Johnson

Asst. Secy. - Elementary and

Secondary Education

06/06/05

07/28/05

52

Stephanie J. Monroe

Asst. Secy. - Civil Rights

06/23/05

12/17/05

144

Terrell Halaska

Asst. Secy. - Legislation and

Congressional Affairs

06/29/05

07/28/05

29

Mark S. Schneider

Commissioner - Education

Statistics

07/27/05

10/21/05

53

Kent D. Talbert

General Counsel

09/28/05

05/19/06

222

Michell C. Clark

Asst. Secy. - Management

12/13/05

03/13/06

79

Lawrence A. Warder

Chief Financial Officer

04/25/06

07/26/06

92

Troy R. Justesen

Asst. Secy. - Vocational and

Adult Education

05/08/06

07/26/06

79

Sara A. Tucker

Under Secy.

09/05/06

12/09/06

95

Lauren M. Maddox

Asst. Secy. - Communications

and Outreach

09/07/06

09/21/06

14

Mean number of days to confirm a nomination

75

Median number of days to confirm a nomination

66

Department of Energy (DOE)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Secretary

Samuel W. Bodman

I

Deputy Secretary

J. Clay Sell

II

Under Secretary

David K. Garman

III

Under Secretary - Nuclear Security/Administrator National Nuclear Security Administration (NNSA)

Linton F. Brooks

III

Under Secretary - Sciencea

Raymond L. Orbach

III

Principal Deputy Administrator - NNSA

—

IV

Deputy Administrator - Defense Programs, NNSA

Thomas P. D’Agostino

IV

Congressional Research Service

Pay level

17

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Deputy Administrator - Defense Nuclear

Nonproliferation, NNSA

William H. Tobey

IV

Administrator - Energy Information Administration

Guy F. Caruso

IV

Assistant Secretary - Congressional and

Intergovernmental Affairs

Jill L. Sigal

IV

Assistant Secretary - Electricity Delivery and Energy

Reliabilityb

—

IV

Assistant Secretary - Energy Efficiency and Renewable

Energy

Alexander A. Karsner

IV

Assistant Secretary - Environmental Management

James A. Rispoli

IV

Assistant Secretary - Fossil Energy

Jeffrey D. Jarrett

IV

Assistant Secretary - International Affairs and Domestic

Policy

Karen A. Harbert

IV

Assistant Secretary - Nuclear Energyc

Dennis R. Spurgeon

IV

Chief Financial Officerd

Steve Isakowitz

IV

Director - Office of Civilian Radioactive Waste

Management

Edward F. Sproat III

IV

Director - Office of Minority Economic Impact and

Diversity

Theresa Alvillar-Speake

IV

Director - Office of Science

Raymond L. Orbach

IV

General Counsel

David R. Hill

IV

Inspector Generale

Gregory H. Friedman

IV

a.

The position of Under Secretary - Science in the Department of Energy was established by P.L. 109-58, Title

X, § 1006(a) (119 Stat. 930), and filled for the first time during the 109th Congress, as shown.

b.

The position of Assistant Secretary for Electricity Delivery and Energy Reliability was previously titled

Assistant Secretary for Environment, Safety and Health. In 2005, the Office of Electricity Delivery and

Energy Reliability was created by the Secretary of Energy at the recommendation of Congress, and it was

initially headed by a director, Kevin Kolevar. On September 26, 2005, Kolevar was nominated to be the

Assistant Secretary, and his nomination was returned to the President at the end of the 109th Congress.

Kolevar was renominated for, and confirmed to, the position during the first session of the 110th Congress.

Kolevar continued as Director of the Office of Electricity Delivery and Energy Reliability until he was

appointed as Assistant Secretary.

c.

The Energy Policy Act of 2005 established an additional assistant secretary in the Department of Energy.

The law also stated that it was “the sense of Congress that the leadership for departmental missions in

nuclear energy should be at the Assistant Secretary level” (P.L. 109-58, § 1006(b); 119 Stat. 931). This new

position was subsequently denominated the Assistant Secretary for Nuclear Energy. An assistant secretary

position with a similar title had previously existed. In 1993, however, this assistant secretary slot was used

for an Assistant Secretary for Human Resources and Administration. According to the United States

Government Manual, the Department of Energy did not have an Assistant Secretary for Nuclear Affairs

during the intervening years.

d.

The chief financial officer (CFO) 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 other positions (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)).

Congressional Research Service

18

Presidential Appointments to Full-time Positions in Executive Departments

DOE Appointment Action During 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Samuel W. Bodman

Secretary

01/04/05

01/31/05

27

J. Clay Sell

Deputy Secy.

02/28/05

03/17/05

17

David K. Garman

Under Secy.

03/04/05

06/15/05

103

David R. Hill

General Counsel

04/14/05

07/28/05

105

Jill L. Sigal

Asst. Secy. - Congressional and

Intergovernmental Affairs

05/09/05

07/28/05

80

James A. Rispoli

Asst. Secy. - Environmental

Management

05/17/05

07/29/05

73

Jeffrey D. Jarrett

Asst. Secy. - Fossil Energy

09/06/05

12/17/05

102

Edward F. Sproat III

Dir. - Office of Civilian

Radioactive Waste Management

09/08/05

05/26/06

249

Raymond L. Orbach

Under Secy. - Science

12/13/05

05/26/06

153

Alexander A. Karsner

Asst. Secy. - Energy Efficiency

and Renewable Energy

12/21/05

03/16/06

74

Thomas P. D’Agostino

Deputy Admin. - Defense

Programs, NNSAa

01/27/06

02/17/06

21

Dennis R. Spurgeon

Asst. Secy. - Nuclear Energy

02/13/06

03/27/06

42

William H. Tobey

Deputy Admin. - Defense

Nuclear Nonproliferation,

NNSA

05/11/06

08/03/06

84

Kevin M. Kolevar

Asst. Secy. - Electricity Delivery

and Energy Reliability

09/26/06

Returned 12/09/06b

Mean number of days to confirm a nomination

87

Median number of days to confirm a nomination

80

a.

NNSA: National Nuclear Security Administration

b.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of Health and Human Services (HHS)

Full-time PAS Positions, as of the End of the 109th Congress

Positiona

Incumbent

Secretary

Michael O. Leavitt

I

Deputy Secretary

Alex Azar II

II

Administrator - Centers for Medicare & Medicaid

Services

Leslie V. Norwalk (A)

III

Congressional Research Service

Pay level

19

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

Administrator - Substance Abuse and Mental Health

Services Administration

—

IV

Assistant Secretary - Aging

Josefina G. Carbonell

IV

Assistant Secretary - Children and Families

Wade F. Horn

IV

Assistant Secretary - Legislation

Vincent J. Ventimiglia Jr.

IV

Assistant Secretary - Budget, Technology, and

Finance/Chief Financial Officerb

Charles E. Johnson

IV

Assistant Secretary - Planning and Evaluation

—

IV

Assistant Secretary - Public Affairs

Suzanne C. DeFrancis

IV

Assistant Secretary - Health

John O. Agwunobi

c

Commissioner - Food and Drug Administration

Andrew C. von Eschenbach (A)

IV

Director - National Institutes of Health

Elias A. Zerhouni

IV

General Counsel

Daniel Meron

IV

Inspector Generald

Daniel R. Levinson

IV

Commissioner - Children, Youth, and Families

Joan E. Ohl

V

Commissioner - Administration for Native Americans

Quanah C. Stamps

V

Director - Indian Health Servicese

Charles W. Grim

V

Surgeon Generalf

Kenneth P. Moritsugu (A)

g

a.

The positions in this column do not include officers of the U.S. Public Health Service Commissioned Corps,

except in cases where such a commission is incident to the position listed.

b.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that the

positions were combined as noted in the table.

c.

The Assistant Secretary for Health is compensated as a commissioned officer at Level 0-10 (37 U.S.C. §

201).

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.

This position has a four-year term; a Director may serve more than one term. See 25 U.S.C. § 1661(a).

f.

This position has a four-year term and specified qualifications. See 42 U.S.C. § 205.

g.

The Surgeon General is compensated as a commissioned officer at Level 0-9 (37 U.S.C. § 201).

HHS Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Michael O. Leavitt

Secretary

01/04/05

01/26/05

22

Daniel R. Levinson

Inspector General

01/24/05

06/08/05

135

Lester M. Crawford

Commissioner - Food and Drug

Administration

02/15/05

07/18/05

153

Suzanne C. DeFrancis

Asst. Secy. - Public Affairs

04/04/05

07/22/05

109

Congressional Research Service

20

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Alex Azar II

Deputy Secy.

04/19/05

07/22/05

94

Charles E. Johnson

Asst. Secy. - Budget, Technology,

and Finance

04/25/05

07/22/05

88

John O. Agwunobi

Asst. Secy. - Health

06/29/05

12/17/05

138

Vincent J. Ventimiglia Jr.

Asst. Secy. - Legislation

07/18/05

12/21/05

123

Daniel Meron

General Counsel

11/16/05

Andrew C. von Eschenbach

Commissioner - Food and Drug

Administration

03/15/06

Daniel Meron

General Counsel

Daniel Meron

General Counsel

09/07/06

Terry L. Cline

Admin. - Substance Abuse and

Mental Health Services

Administration

11/13/06

Returned 12/09/06a

12/07/06

236

Recess appointment 08/31/06b

Returned 12/09/06a

12/09/06

26

Mean number of days to confirm a nomination

112

Median number of days to confirm a nomination

116

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

b.

Meron’s recess appointment expired at the end of the first session of the 110th Congress.

Department of Homeland Security (DHS)

Full-time PAS Positions, as of the End of the 109th Congress

Positiona

Incumbent

Secretary

Michael Chertoff

I

Deputy Secretary

Michael P. Jackson

II

Under Secretary - Preparedness

George W. Foresman

III

Under Secretary - Science and Technology

Jay M. Cohen

III

Under Secretary - Border and Transportation Security

b

III

Under Secretary - Federal Emergency Management

R. David Paulison

III

Under Secretary - Management

L. Scott Charbo (A)

III

Director - U.S. Citizenship and Immigration Servicesc

Emilio T. Gonzalez

III

Commissioner - U.S. Customs and Border Protectiond

W. Ralph Basham

III

Assistant Secretary - U.S. Immigration and Customs

Enforcemente

Julie L. Myers

IV

Assistant Secretary - Policy

Stewart A. Baker

IV

Assistant Secretary - Transportation Security

Administration

Edmund S. “Kip” Hawley

IV

Chief Financial Officerf

David L. Norquist

IV

Congressional Research Service

Pay level

21

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

General Counsel

Philip J. Perry

IV

Inspector Generalg

Richard L. Skinner

IV

Commandant of the Coast Guard

Thad W. Allen

Admiralh

Director - Office of Counternarcotics Enforcementi

Uttam Dhillon

IV

Assistant Secretary - Grants and Trainingj

Corey D. Gruber (A)

IV

United States Fire Administrator

Charlie Dickinson (A)

IV

Note: The Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L. 109-295), enacted

October 4, 2006, included provisions that established, abolished, and changed certain advice and consent

positions at DHS. Most of these provisions were not implemented until 2007, during the 110th Congress.

a.

The Homeland Security Act (P.L. 107-296, § 103; 116 Stat. 2135) provided for “Not more than 12 Assistant

Secretaries” appointed through the advice and consent process. Of these, only the positions in use at the

end of the 109th Congress are shown. Some assistant secretary positions previously created under this

authority, such as the Assistant Secretary for Border and Transportation Security Policy, no longer exist, as

such.

b.

This position (provided for at 6 U.S.C. § 113 and § 201) was not funded or filled as of FY2006.

c.

This position was formerly titled Director of the Bureau of Citizenship and Immigration Services.

d.

This position was formerly titled Commissioner of Customs.

e.

This position was formerly titled Assistant Secretary of the Bureau of Immigration and Customs

Enforcement.

f.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)).

g.

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)).

h.

The Commandant of the Coast Guard is compensated as a commissioned officer with the rank of Admiral

at Level 0-10 (37 U.S.C. § 201).

i.

The position of Director - Office of Counternarcotics Enforcement in the Department of Homeland

Security was established by P.L. 108-458, Title VII, Subtitle D, § 7407(a) (118 Stat. 3853), and filled for the

first time during the 109th Congress, as shown.

j.

This position was formerly titled Executive Director - Office of State and Local Government Coordination

and Preparedness.

DHS Appointment Action During 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Michael Chertoff

Secretary

01/31/05

02/15/05

15

Michael P. Jackson

Deputy Secy.

02/18/05

03/10/05

20

Philip J. Perry

General Counsel

04/04/05

06/08/05

65

Richard L. Skinner

Inspector General

04/28/05

07/28/05

91

Edmund S. Hawley

Asst. Secy. - Transportation

Security Administration

05/19/05

07/22/05

64

Congressional Research Service

22

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Days to

confirm

Confirmed

Julie L. Myers

Asst. Secy. - U.S. Immigration

and Customs Enforcement

06/29/05

Returned 12/09/06a

Stewart A. Baker

Asst. Secy. - Policy

07/14/05

Tracy A. Henke

Exec. Dir. - Office of State and

Local Government Coordination

and Preparednessb

07/14/05

Emilio T. Gonzalez

Dir. - Bureau of Citizenship and

Immigration Servicesd

09/06/05

12/21/05

106

George W. Foresman

Under Secy. - Preparedness

10/21/05

12/17/05

57

Uttam Dhillon

Dir. - Office of Counternarcotics

Enforcement

11/10/05

05/12/06

172

Tracy A. Henke

Exec. Dir. - Office of State and

Local Government Coordination

and Preparedness b

Recess appointment 01/04/06e

Julie L. Myers

Asst. Secy. - U.S. Immigration

and Customs Enforcement

Recess appointment 01/04/06c

David L. Norquist

Chief Financial Officer

01/18/06

05/26/06

128

W. Ralph Basham

Commissioner - Customsf

01/31/06

05/26/06

115

Julie L. Myers

Asst. Secy. - U.S. Immigration

and Customs Enforcement

02/10/06

Returned 12/09/06a

Tracy A. Henke

Exec. Dir. - Office of State and

Local Government Coordination

and Preparednessb

02/10/06

Returned 08/03/06b

R. David Paulison

Under Secy. - Federal Emergency

Management

04/06/06

05/26/06

50

Jay M. Cohen

Under Secy. - Science and

Technology

06/28/06

08/03/06

36

Tracy A. Henke

Exec. Dir. - Office of State and

Local Government Coordination

and Preparednessb

09/05/06

Paul A. Schneider

Under Secy. - Management

11/13/06

Gregory B. Cade

Admin. - U.S. Fire Administration

12/05/06

10/07/05

52

Returned 08/03/06c

Withdrawn 12/06/06

12/09/06

26

Returned 12/09/06a

Mean number of days to confirm a nomination

71

Median number of days to confirm a nomination

61

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

b.

By the end of the 109th Congress, this position had been retitled as Assistant Secretary for Grants and

Training.

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.

By the end of the 109th Congress, this position had been retitled Director of U.S. Citizenship and

Immigration Services.

e.

Myers’s and Henke’s recess appointments would have ended at the end of the first session of the 110th

Congress, by which time Henke had resigned and Myers had been confirmed.

Congressional Research Service

23

Presidential Appointments to Full-time Positions in Executive Departments

f.

By the end of the 109th Congress, this position had been retitled Commissioner of U.S. Customs and

Border Protection.

Department of Housing and Urban

Development (HUD)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

Alphonso R. Jackson

I

Deputy Secretary

Romolo A. Bernardi

II

Director - Office of Federal Housing Enterprise

Oversighta

James B. Lockhart III

II

Assistant Secretary - Administration

Keith A. Nelson

IV

Assistant Secretary - Community Planning and

Development

Pamela H. Patenaude

IV

Assistant Secretary - Congressional and

Intergovernmental Relations

—

IV

Assistant Secretary - Fair Housing and Equal

Opportunity

Kim Kendrick

IV

Assistant Secretary - Housing/Federal Housing

Commissioner

Brian D. Montgomery

IV

Assistant Secretary - Policy Development and Research

Darlene F. Williams

IV

Assistant Secretary - Public Affairs

—

IV

Assistant Secretary - Public and Indian Housing

Orlando J. Cabrera

IV

Chief Financial Officerb

John W. Cox

IV

General Counsel

Robert M. Couch (A)

IV

Inspector Generalc

Kenneth M. Donohue Sr.

IV

President - Government National Mortgage Association

Robert M. Couch

IV

a.

This position has a five-year term and specified qualifications. See 12 U.S.C. § 4512.

b.

The chief financial officer (CFO)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 other positions (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)).

Congressional Research Service

24

Presidential Appointments to Full-time Positions in Executive Departments

HUD Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Pamela H. Patenaude

Asst. Secy. - Community Planning

and Development

01/24/05

04/15/05

81

Brian D. Montgomery

Asst. Secy. - Housing/Federal

Housing Commissioner

04/25/05

06/13/05

49

Kim Kendrick

Asst. Secy. - Fair Housing and Equal

Opportunity

06/29/05

10/07/05

67

Keith A. Nelson

Asst. Secy. - Administration

07/12/05

10/07/05

54

Darlene F. Williams

Asst. Secy. - Policy Development

and Research

07/25/05

10/07/05

41

Keith E. Gottfried

General Counsel

07/25/05

10/07/05

41

Orlando J. Cabrera

Asst. Secy. - Public and Indian

Housing

09/06/05

11/04/05

59

Robert M. Couch

Pres. - Government National

Mortgage Association

01/18/06

06/15/06

148

John W. Cox

Chief Financial Officer

03/02/06

05/26/06

85

James B. Lockhart III

Dir. - Office of Federal Housing

Enterprise Oversight

04/27/06

06/15/06

49

Scott A. Keller

Asst. Secy. - Congressional and

Intergovernmental Relations

11/13/06

Returned 12/09/06a

Mean number of days to confirm a nomination

67

Median number of days to confirm a nomination

57

a.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of the Interior (DOI)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Secretary

Dirk Kempthorne

I

Deputy Secretary

P. Lynn Scarlett

II

Special Trustee for American Indians

Ross O. Swimmer

a

Assistant Secretary - Fish, Wildlife, and Parks

David M. Verhey (A)

IV

Assistant Secretary - Indian Affairs

James A. Cason (A)

IV

Assistant Secretary - Land and Minerals Management

C. Stephen Allred

IV

Assistant Secretary - Policy, Management, and

Budget/Chief Financial Officerb

R. Thomas Weimer

IV

Assistant Secretary - Water and Science

Mark A. Limbaugh

IV

Chairman - National Indian Gaming Commissionc

Philip N. Hogen

IV

Inspector Generald

Earl E. Devaney

IV

Congressional Research Service

Pay level

25

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Solicitor

David L. Bernhardt

IV

Director - National Park Service

Mary A. Bomar

V

Director - Office of Surface Mining Reclamation and

Enforcement

Brent T. Wahlquist (A)

V

Commissioner - Bureau of Reclamation

Robert W. Johnson

V

Director - Bureau of Land Management

Kathleen B. Clarke

V

Director - U.S. Fish and Wildlife Service

H. Dale Hall

V

Director - U.S. Geological Survey

Mark Myers

V

Commissioner - Indian Affairse

—

V

a.

The Special Trustee is to be paid “at a rate determined by the Secretary to be appropriate for the position,

but not less than the rate of basic pay payable at Level II of the Executive Schedule...” (25 U.S.C. § 4042).

b.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Weimer was confirmed as Assistant Secretary for Policy,

Management, and Budget, and also served as CFO.

c.

This position has a three-year term, specified qualifications. The President’s removal power is limited. See

25 U.S.C. § 2704(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.

This position (provided for at 25 U.S.C. § 1) has been vacant since 1981.

DOI Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

P. Lynne Scarlett

Deputy Secy.

02/18/05

11/18/05

240

R. Thomas Weimer

Asst. Secy. - Policy, Management,

and Budget

05/09/05

12/21/05

193

Mark A. Limbaugh

Asst. Secy. - Water and Science

05/11/05

07/22/05

72

H. Dale Hall

Dir. - U.S. Fish and Wildlife Service

07/18/05

10/07/05

48

David L. Bernhardt

Solicitor

11/18/05

Dirk Kempthorne

Secretary

04/24/06

Mark Myers

Dir. - U.S. Geological Survey

05/03/06

Returned 08/03/06a

John R. Correll

Dir. - Office of Surface Mining

Reclamation and Enforcement

05/16/06

Returned 08/03/06a

Robert W. Johnson

Commissioner - Bureau of

Reclamation

07/21/06

09/29/06

39

C. Stephen Allred

Asst. Secy. - Land and Minerals

Management

08/01/06

09/29/06

28

Carl J. Artman

Asst. Secy. - Indian Affairs

08/01/06

Mark Myers

Dir. - U.S. Geological Survey

09/05/06

Congressional Research Service

Returned 08/03/06a

05/26/06

32

Returned 12/09/06b

09/15/06

10

26

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Days to

confirm

Confirmed

John R. Correll

Dir. - Office of Surface Mining

Reclamation and Enforcement

09/05/06

Returned 12/09/06b

Mary A. Bomar

Dir. - National Park Service

09/05/06

09/29/06

24

David L. Bernhardt

Solicitor

09/05/06

09/29/06

24

Mean number of days to confirm a nomination

71

Median number of days to confirm a nomination

36

a.

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.

b.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of Justice (DOJ)

Full-time PAS Positions, as of the End of the 109th Congress

Positiona

Incumbent

Attorney General

Alberto R. Gonzales

I

Deputy Attorney General

Paul J. McNulty

II

Director - Federal Bureau of Investigationb

Robert S. Mueller IV

II

Administrator of Drug Enforcement

Karen P. Tandy

III

Associate Attorney General

William W. Mercer (A)

III

Solicitor General

Paul D. Clement

III

Director - Bureau of Alcohol, Tobacco, Firearms and

Explosives

Michael J. Sullivan (A)

III

Assistant Attorney General - Antitrust Division

Thomas O. Barnett

IV

Assistant Attorney General - Civil Division

Peter D. Keisler

IV

Assistant Attorney General - Civil Rights Division

Wan J. Kim

IV

Assistant Attorney General - Criminal Division

Alice S. Fisher

IV

Assistant Attorney General - Environment and Natural

Resources Division

Sue Ellen Wooldridge

IV

Assistant Attorney General - Legislative Affairs

James H. Clinger (A)

IV

Assistant Attorney General - National Securityc

Kenneth L. Wainstein

IV

Assistant Attorney General - Office of Justice Programs

Regina B. Schofield

IV

Assistant Attorney General - Office of Legal Counsel

Steven G. Bradbury (A)

IV

Assistant Attorney General - Office of Legal Policy

Rachel L. Brand

IV

Assistant Attorney General - Tax Division

Eileen J. O’Connor

IV

Administrator - Office of Juvenile Justice and

Delinquency Prevention

J. Robert Flores

IV

Congressional Research Service

Pay level

27

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

Deputy Administrator - Drug Enforcement

Administration

Michele M. Leonhart

IV

Director - Bureau of Justice Assistance

Domingo S. Herraiz

IV

Director - Bureau of Justice Statistics

Jeffrey L. Sedgwick

IV

Director - Community Relations Serviced

Sharee M. Freeman

IV

Director - National Institute of Justice

Glenn R. Schmitt (A)

IV

Director - Office for Victims of Crime

John W. Gillis

IV

Director - U.S. Marshals Service

John F. Clark

IV

Inspector Generale

Glenn A. Fine

IV

Special Counsel - Immigration-Related Unfair

Employment Practicesf

—

g

Director - Violence Against Women Office

Mary B. Buchanan (A)

V

a.

Does not include U.S. attorney and U.S. marshal positions. 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.

b.

This position has a 10-year term. See 28 U.S.C. § 532 note.

c.

The position of Assistant Attorney General for National Security in the Department of Justice was

established by P.L. 109-177, § 506 (120 Stat. 247), and filled for the first time during the 109th Congress, as

shown below.

d.

This position has a four-year term. See 42 U.S.C. § 2000g.

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.

This position has a four-year term. See 8 U.S.C. § 1324b(c)(1).

g.

“The Special Counsel for Immigration-Related Unfair Employment Practices is entitled to receive

compensation at a rate not to exceed the rate now or hereafter provided for grade GS-17 of the General

Schedule,” under 5 U.S.C. § 5332 (8 U.S.C. § 1324b(c)(3)).

DOJ Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Alberto R. Gonzales

Attorney General

01/04/05

02/03/05

30

Paul D. Clement

Solicitor General

03/14/05

06/08/05

86

Rachel L. Brand

Asst. Atty. General - Office of Legal

Policy

04/04/05

07/28/05

115

Congressional Research Service

28

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Alice S. Fisher

Asst. Atty. General - Criminal

Division

04/04/05

09/19/06

458

Regina B. Schofield

Asst. Atty. General - Office of

Justice Programs

04/04/05

06/08/05

65

Wan J. Kim

Asst. Atty. General - Civil Rights

Division

06/16/05

11/04/05

108

Timothy E. Flanigan

Deputy Attorney General

06/20/05

Sue Ellen Wooldridge

Asst. Atty. General - Environment

and Natural Resources Division

06/20/05

Alice S. Fisher

Asst. Atty. General - Criminal

Division

Steven G. Bradbury

Asst. Atty. General - Office of Legal

Counsel

06/23/05

Thomas O. Barnett

Asst. Atty. General - Antitrust

Division

09/06/05

Alice S. Fisher

Asst. Atty. General - Criminal

Division

09/19/05

John F. Clark

Dir. - U.S. Marshals Service

10/21/05

03/16/06

135

Paul J. McNulty

Deputy Attorney General

11/09/05

03/16/06

116

Sharee M. Freeman

Dir. - Community Relations Service

12/20/05

03/31/06

90

Steven G. Bradbury

Asst. Atty. General - Office of Legal

Counsel

01/25/06

Jeffrey L. Sedgwick

Dir. - Bureau of Justice Statistics

01/31/06

03/31/06

59

Kenneth L. Wainstein

Asst. Atty. General - National

Security Division

03/13/06

09/21/06

161

William W. Mercer

Associate Attorney General

09/05/06

Returned 12/09/06c

Steven G. Bradbury

Asst. Atty. General - Office of Legal

Counsel

11/14/06

Returned 12/09/06c

Withdrawn 10/07/05

11/10/05

110

Recess Appointment 08/31/05a

Returned 12/21/05b

02/10/06

146

Returned 12/09/06c

Returned 09/29/06d

Mean number of days to confirm a nomination

129

Median number of days to confirm a nomination

110

a.

Fisher’s recess appointment would have expired at the end of the second session of the 109th Congress, by

which time she had each been confirmed, as shown.

b.

Returned to the President at the end of the first session of the 109th Congress under the provisions of

Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

c.

Returned to the President at the end of the first session of the 109th Congress 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 first session of the 109th Congress under the provisions of

Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

29

Presidential Appointments to Full-time Positions in Executive Departments

Department of Labor (DOL)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

Elaine L. Chao

I

Deputy Secretary

Steven J. Law

II

Assistant Secretary - Administration and Management

Patrick Pizzella

IV

Assistant Secretary - Congressional and Intergovernmental Affairs

Kristine A. Iverson

IV

Assistant Secretary - Disability Employment Policy

W. Roy Grizzard

IV

Assistant Secretary - Employee Benefits Security Administration

Bradford P. Campbell (A)

IV

Assistant Secretary - Employment and Training Administration

Emily S. DeRocco

IV

Assistant Secretary - Employment Standards Administration

Victoria A. Lipnic

IV

Assistant Secretary - Mine Safety and Health Administration

Richard E. Stickler

IV

Assistant Secretary - Occupational Safety and Health Administration

Edwin G. Foulke Jr.

IV

Assistant Secretary - Public Affairs

Randolph J. Clerihue

IV

Assistant Secretary - Policy

Leon R. Sequeira (A)

IV

Assistant Secretary - Veterans’ Employment and Training Service

Charles S. Ciccolella

IV

Chief Financial Officera

Samuel T. Mok

IV

Commissioner - Bureau of Labor Statisticsb

Philip L. Rones (A)

IV

Inspector Generalc

Gordon S. Heddell

IV

Solicitor

Howard M. Razely

IV

Administrator - Wage and Hour Division

Paul DeCamp

V

Director - Women’s Bureaud

Shinae Chun

e

a.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)).

b.

This position has a four-year term. See 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.

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

e.

According to the 2004 Plum Book, the Director of the Women’s Bureau was a Senior Level (SL) position

(p. 109). With regard to pay for such positions, the Plum Book states, “Pay for Senior Level positions ranges

from 120 percent of basic pay payable for GS-15, step 1, of the General Schedule to the rate of pay for level

IV of the Executive Schedule. ... SL employees are entitled to locality-based comparability payments for their

respective pay area. The employee’s locality rate of pay may not exceed the pay for level III of the Executive

Schedule” (p. 219). See also 5 U.S.C. 5376 and 5 U.S.C. 5304(g)(2).

Congressional Research Service

30

Presidential Appointments to Full-time Positions in Executive Departments

DOL Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Charles S. Ciccolella

Asst. Secy. - Veterans’ Employment

and Training Service

05/17/05

7/29/05

73

Edwin G. Foulke Jr.

Asst. Secy. - Occupational Safety

and Health Administration

09/15/05

03/13/06

168

Richard E. Stickler

Asst. Secy. - Mine Safety and Health

Administration

09/15/05

Returned 08/03/06a

Paul DeCamp

Admin. - Wage and Hour Division

01/31/06

Returned 09/29/06b

Randolph J. Clerihue

Asst. Secy. - Public Affairs

08/01/06

Paul DeCamp

Admin. - Wage and Hour Division

Richard E. Stickler

Asst. Secy. - Mine Safety and Health

Administration

09/05/06

Returned 09/29/06b

Paul DeCamp

Admin. - Wage and Hour Division

09/07/06

Returned 09/29/06b

Richard E. Stickler

Asst. Secy. - Mine Safety and Health

Administration

Leon R. Sequeira

Asst. Secy. - Policy

11/13/06

Returned 12/09/06e

Paul DeCamp

Admin. - Wage and Hour Division

11/14/06

Returned 12/09/06e

Richard E. Stickler

Asst. Secy. - Mine Safety and Health

Administration

11/14/06

Returned 12/09/06e

09/21/06

20

Recess Appointment 08/31/06c

Recess Appointment 10/19/06d

Mean number of days to confirm a nomination

87

Median number of days to confirm a nomination

73

a.

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.

b.

Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule

XXXI, paragraph 6 of the Standing Rules of the Senate.

c.

DeCamp’s recess appointment expired at the end of the first session of the 110th Congress.

d.

Stickler’s recess appointment expired at the end of the first session of the 110th Congress.

e.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Department of State (DOS)

Full-time PAS Positions, as of the End of the 109th Congress

Positiona

Incumbent

Secretary

Condoleezza Rice

I

Deputy Secretary

—

II

Deputy Secretary - Management and Resourcesb

—

II

Under Secretary - Arms Control and International

Security

Robert Joseph

III

Congressional Research Service

Pay level

31

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

Under Secretary - Economic, Business, and Agricultural

Affairs

Josette Sheeran

III

Under Secretary - Democracy and Global Affairs

Paula J. Dobriansky

III

Under Secretary - Management

Henrietta H. Fore

III

Under Secretary - Political Affairs

R. Nicholas Burns

III

Under Secretary - Public Diplomacy and Public Affairs

Karen P. Hughes

III

Ambassador-at-Large - International Religious Freedom

John V. Hanford III

III

Ambassador-at-Large/Director - Office to Monitor and

Combat Trafficking in Persons

John R. Miller

IV

Ambassador-at-Large - War Crimes Issues

J. Clint Williamson

IV

Ambassador-at-Large/Coordinator - Counterterrorism

Henry Crumpton

IV

Coordinator - U.S. Global AIDS

Mark R. Dybul

IV

Chief of Protocol

Donald B. Ensenat

IV

Assistant Secretary - Administration

Rajkumar Chellaraj

IV

Assistant Secretary - African Affairs

Jendayi E. Frazer

IV

Assistant Secretary - Consular Affairs

Maura Harty

IV

Assistant Secretary - Democracy, Human Rights, and

Labor

Barry F. Lowenkron

IV

Assistant Secretary - Diplomatic Security/Director Office of Foreign Missionsc

Richard J. Griffin

IV

Assistant Secretary - East Asian and Pacific Affairs

Christopher R. Hill

IV

Assistant Secretary - Economic, Energy and Business

Affairs

Daniel S. Sullivan

IV

Assistant Secretary - Educational and Cultural Affairs

Dina H. Powell

IV

Assistant Secretary - European and Eurasian Affairs

Daniel Fried

IV

Assistant Secretary - Intelligence and Research

Randall M. Fort

IV

Assistant Secretary - International Narcotics and Law

Enforcement Affairs

Anne W. Patterson

IV

Assistant Secretary - International Organizations

Kristen Silverberg

IV

Assistant Secretary - International Security and

Nonproliferation

John C. Rood

IV

Assistant Secretary - Legislative Affairs

Jeffrey T. Bergner

IV

Assistant Secretary - Near Eastern Affairs

C. David Welch

IV

Assistant Secretary - Oceans and International

Environmental and Scientific Affairs

Claudia A. McMurray

IV

Assistant Secretary - Political-Military Affairs

John Hillen

IV

Assistant Secretary - Population, Refugees, and

Migration Affairs

Ellen R. Sauerbrey

IV

Assistant Secretary - Public Affairs

Sean I. McCormack

IV

Assistant Secretary - Resource Management/Chief

Financial Officerd

Bradford R. Higgins

IV

Congressional Research Service

32

Presidential Appointments to Full-time Positions in Executive Departments

Positiona

Incumbent

Pay level

Assistant Secretary - South and Central Asian Affairs

Richard A. Boucher

IV

Assistant Secretary - Verification, Compliance, and

Implementation

Paula A. DeSutter

IV

Assistant Secretary - Western Hemisphere Affairs

Thomas A. Shannon Jr.

IV

Director General - Foreign Service e

George M. Staples

IV

Inspector Generalf

Howard J. Krongard

IV

Legal Adviser

John B. Bellinger III

IV

U.S. Representative - United Nations (U.N.)

John R. Bolton

II

U.S. Representative - Organization of American States

John F. Maisto

g

U.S. Deputy Representative - U.N.

Alejandro D. Wolff

III

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

Richard T. Miller

IV

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

Mark D. Wallace

IV

U.S. Alternative Representative - Special Political Affairs

- U.N.

Jackie Wolcott Sanders

IV

International Organizations

a.

The positions in this column do not include chiefs of mission in overseas posts or Foreign Service officers.

In addition, certain officers of the State Department may be required to have certain qualifications. See 22

USCS § 2651a(g).

b.

The position of Deputy Secretary - Management and Resources in the Department of State was established

by P.L. 106-553, § 404(a) (114 Stat. 2762A-96), enacted December 21, 2000. This position has never been

filled.

c.

Since 1998, each time an individual has been nominated to and confirmed for the position of Assistant

Secretary for Diplomatic Security, he has simultaneously been nominated to and confirmed for the position

of Director of Foreign Missions.

d.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). With regard to State Department appointments, since

2001, the same individual has been separately and simultaneously nominated for, and confirmed to, the

positions of CFO and Assistant Secretary for Resource Management.

e.

By law, incumbent must be a current or former career senior Foreign Service officer (22 U.S.C. § 3928).

f.

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)).

g.

The salary for the U.S. Representative to the Organization of American States is linked to the pay for Chiefs

of Mission. For this particular mission/ambassador, the salary is set based on the Executive Schedule Level

III.

DOS Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Condoleezza Rice

Secretary

01/04/05

01/26/05

22

Howard J. Krongard

Inspector General

01/24/05

04/27/05

93

Robert B. Zoellick

Deputy Secretary

02/10/05

02/16/05

6

Congressional Research Service

33

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

John B. Bellinger III

Legal Adviser

02/14/05

04/06/05

51

R. Nicholas Burns

Under Secy. - Political Affairs

02/14/05

03/17/05

31

C. David Welch

Asst. Secy. - Near Eastern Affairs

02/14/05

03/17/05

31

Christopher R. Hill

Asst. Secy. - East Asian and Pacific

Affairs

03/04/05

03/17/05

13

Daniel Fried

Asst. Secy. - European and Eurasian

Affairs

03/08/05

04/28/05

51

Robert Joseph

Under Secy. - Arms Control and

International Security

03/14/05

05/26/05

73

John R. Bolton

U.S. Representative - U.N.

03/17/05

Sean I. McCormack

Asst. Secy. - Public Affairs

04/04/05

05/26/05

52

Richard J. Griffin

Asst. Secy. - Diplomatic Security

04/28/05

06/16/05

49

Richard J. Griffin

Dir. - Office of Foreign Missions

04/28/05

06/16/05

49

Dina H. Powell

Asst. Secy. - Educational and Cultural

Affairs

04/28/05

06/24/05

57

Henrietta H. Fore

Under Secy. - Management

05/11/05

07/29/05

79

Henry Crumpton

Ambassador-at-Large/Coordinator Counterterrorism

06/09/05

07/29/05

50

John Hillen

Asst. Secy. - Political-Military Affairs

06/28/05

10/07/05

68

Josette Sheeran

Under Secy. - Economic, Business, and

Agricultural Affairs

06/28/05

07/29/05

31

Karen P. Hughes

Under Secy. - Public Diplomacy and

Public Affairs

06/29/05

07/29/05

30

Kristen Silverberg

Asst. Secy. - International

Organizations

06/29/05

07/29/05

30

Jendayi E. Frazer

Asst. Secy. - African Affairs

06/30/05

07/29/05

29

Barry F. Lowenkron

Asst. Secy. - Democracy, Human

Rights, and Labor

07/28/05

10/07/05

38

John R. Bolton

U.S. Representative - U.N.

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and

Migration

09/06/05

Thomas A. Shannon Jr.

Asst. Secy. - Western Hemisphere

Affairs

09/06/05

John R. Bolton

U.S. Representative - U.N.

09/19/05

Jeffrey T. Bergner

Asst. Secy. - Legislative Affairs

10/06/05

11/04/05

29

Alejandro D. Wolff

U.S. Dep. Rep. - U.N.

10/17/05

11/18/05

32

Anne W. Patterson

Asst. Secy. - International Narcotics

and Law Enforcement Affairs

10/19/05

11/10/05

22

Claudia A. McMurray

Asst. Secy. - Oceans and International

Environmental and Scientific Affairs

11/16/05

02/16/06

81

Bradford F. Higgins

Asst. Secy. - Resource Management

12/13/05

02/16/06

54

Congressional Research Service

Returned 07/29/05a

Recess appointment 08/01/05b

Returned 12/09/06c

10/07/05

31

Returned 09/29/06d

34

Presidential Appointments to Full-time Positions in Executive Departments

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Bradford F. Higgins

Chief Financial Officer

12/13/05

02/16/06

54

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and

Migration

Richard A. Boucher

Asst. Secy. - South and Central Asian

Affairs

01/18/06

02/17/06

30

Mark D. Wallace

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

01/18/06

03/16/06

57

Jackie Wolcott Sanders

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

01/18/06

02/16/06

29

Rajkumar Chellaraj

Asst. Secy. - Administration

01/25/06

05/26/06

121

Richard T. Miller

U.S. Rep. - Economic and Social

Council -U.N.

01/25/06

03/16/06

50

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and

Migration

02/10/06

George M. Staples

Dir. General - Foreign Service

03/02/06

05/19/06

78

J. Clint Williamson

Ambassador-at-Large - War Crimes

Issues

04/06/06

06/29/06

84

Daniel S. Sullivan

Asst. Secy. - Economic, Energy and

Business Affairs

04/24/06

05/26/06

32

Randall M. Fort

Asst. Secy. - Intelligence and Research

06/12/06

08/03/06

52

John C. Rood

Asst. Secy. - International Security and

Non-proliferation

07/12/06

09/13/06

32

Mark R. Dybul

Coordinator - U.S. Global AIDS

07/18/06

08/03/06

16

John R. Bolton

U.S. Representative - U.N.

11/09/06

Recess appointment 01/04/06e

Returned 12/09/06c

Returned 12/09/06c

Mean number of days to confirm a nomination

47

Median number of days to confirm a nomination

49

a.

Returned to the President at the beginning of a 33-day Senate recess under the provisions of Senate Rule

XXXI, paragraph 6 of the Standing Rules of the Senate.

b.

Bolton’s recess appointment expired at the end of the second session of the 109th Congress.

c.

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

d.

Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule

XXXI, paragraph 6 of the Standing Rules of the Senate.

e.

Sauerbrey’s recess appointment expired at the end of the first session of the 110th Congress.

Department of Transportation (DOT)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

Mary E. Peters

I

Congressional Research Service

35

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Deputy Secretary

Maria Cino

II

Under Secretary - Policy

Jeffrey N. Shane

II

Administrator - Federal Aviation Administrationa

Marion Blakely

II

Administrator - Federal Highway Administration

J. Richard Capka

II

Administrator - Federal Motor Carrier Safety

Administration

John H. Hill

III

Administrator - Federal Railroad Administration

Joseph H. Boardman

III

Administrator - Federal Transit Administration

James S. Simpson

III

Administrator - Maritime Administration

Sean T. Connaughton

III

Administrator - National Highway Traffic Safety

Administration

Nicole R. Nason

III

Administrator - Pipeline and Hazardous Materials Safety

Administrationb

Thomas J. Barrett

III

Administrator - Research and Innovative Technology

Administration

John Bobo (A)

III

Administrator - Saint Lawrence Seaway Development

Corporationc

Collister Johnson Jr.

IV

Assistant Secretary - Aviation and International Affairs

Andrew B. Steinberg

IV

Assistant Secretary - Budget and Programs/Chief

Financial Officerd

Phyllis F. Scheinberg

IV

Assistant Secretary - Governmental Affairs

R. Shane Karr

IV

Assistant Secretary - Transportation Policy

Tyler D. Duvall

IV

Deputy Administrator - Federal Aviation

Administratione

Robert A. Sturgell

IV

General Counsel

Rosalind A. Knapp (A)

IV

Inspector Generalf

Calvin L. Scovel

IV

a.

This position has a five-year term and specified qualifications. See 49 U.S.C. § 106.

b.

The position of Administrator - Pipeline and Hazardous Materials Safety Administration in the Department

of Transportation was established by P.L. 108-426, Section 2(a) (118 Stat. 2423), and filled for the first time

during the 109th Congress, as shown. This position has specified qualifications.

c.

This position has a seven-year term. See 33 U.S.C. § 982(a).

d.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Scheinberg was confirmed as Assistant Secretary for

Budget and Programs and designated to serve as CFO.

e.

This position has specified qualifications. See 49 U.S.C. § 106.

f.

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)).

Congressional Research Service

36

Presidential Appointments to Full-time Positions in Executive Departments

DOT Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Joseph H. Boardman

Admin. - Federal Railroad

Administration

03/17/05

04/28/05

42

Maria Cino

Deputy Secy.

04/06/05

05/11/05

35

Phyllis F. Scheinberg

Asst. Secy. - Budget and Programs

04/14/05

04/28/05

14

Ashok G. Kaveeshwar

Admin. - Research and Innovative

Technology Administration

05/25/05

06/30/05

36

James S. Simpson

Admin. - Federal Transit

Administration

01/18/06

08/03/06

197

R. Shane Karr

Asst. Secy. - Governmental Affairs

01/18/06

05/26/06

128

Tyler D. Duvall

Asst. Secy. - Transportation Policy

01/18/06

05/26/06

128

David C. Sanborn

Admin. - Maritime Administration

01/18/06

Nicole R. Nason

Admin. - National Highway Traffic

Safety Administration

01/18/06

05/26/06

128

Thomas J. Barrett

Admin. - Pipeline and Hazardous

Materials Safety Administration

01/25/06

05/26/06

121

Andrew B. Steinberg

Asst. Secy. - Aviation and

International Affairs

02/10/06

09/29/06

200

J. Richard Capka

Admin. - Federal Highway

Administration

03/07/06

05/26/06

80

John H. Hill

Admin. - Federal Motor Carrier

Safety Administration

05/16/06

08/03/06

79

Sean T. Connaughton

Admin. - Maritime Administration

06/28/06

08/03/06

36

Calvin L. Scovel

Inspector General

07/13/06

09/29/06

47

Collister Johnson Jr.

Admin. - Saint Lawrence Seaway

Development Corporation

09/05/06

09/29/06

24

Mary E. Peters

Secretary

09/07/06

09/29/06

22

Withdrawn 03/27/06

Mean number of days to confirm a nomination

82

Median number of days to confirm a nomination

63

Department of the Treasury (TREAS)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Secretary

Henry M. Paulson Jr.

I

Deputy Secretary

Robert M. Kimmitt

II

Commissioner of Internal Revenuea

Mark W. Everson

III

Comptroller of the Currencyb

John C. Dugan

III

Congressional Research Service

Pay level

37

Presidential Appointments to Full-time Positions in Executive Departments

Position

Incumbent

Pay level

Director - Office of Thrift Supervisionc

John M. Reich

III

Under Secretary - Domestic Finance

Robert K. Steel

III

Under Secretary - Terrorism and Financial Intelligenced

Stuart A. Levey

III

Under Secretary - International Affairs

Timothy D. Adams

III

Assistant Secretary - Economic Policy

Phillip L. Swagel

IV

Assistant Secretary - Financial Institutions

Emil W. Henry Jr.

IV

Assistant Secretary - Financial Markets

Anthony W. Ryan

IV

Assistant Secretary - Intelligence and Analysis

Janice B. Gardner

IV

Assistant Secretary - Management/Chief Financial Officer e

Sandra Pack

IV

Assistant Secretary - Public Affairs

Michele A. Davis

IV

Assistant Secretary - Tax Policy

Eric Solomon

IV

Assistant Secretary - Terrorist Financing

Patrick M. O’Brien

IV

Assistant Secretary - International Affairsf

Clay Lowery

IV

Assistant Secretary - Legislative Affairsf

Kevin I. Fromer

IV

General Counsel

Robert F. Hoyt

IV

Inspector Generalg

Harold Damelin

IV

Inspector General for Tax Administration

J. Russell George

IV

Chief Counsel - IRS/Assistant General Counsel for Tax

Donald L. Korb

V

Director of the Minth

Edmund C. Moy

SLi

Treasurer of the United States

Anna E. Cabral

SLi

a.

This position has a five-year term and specified qualifications. See 26 U.S.C. § 7803(a)(1).

b.

This position has a five-year term, and a limitation on the President’s removal power. See 12 U.S.C. § 2.

c.

This position has a five-year term and specified qualifications. See 12 U.S.C. § 1462a(c).

d.

The position of Under Secretary for Terrorism and Financial Crimes (called Under Secretary for Terrorism

and Financial Intelligence) was established by P.L. 108-447, Division H, Title II, § 222 (118 Stat. 3242). The

Under Secretary was the successor office to the Office of Enforcement, and the incumbent in that office,

Stuart A. Levey, continued to serve.

e.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Pack was confirmed for the position of Assistant

Secretary for Management and designated as CFO.

f.

The U.S. Code provides that the department has two deputy under secretaries appointed by the President

with the advice and consent of the Senate. “When appointing each Deputy Under Secretary, the President

may designate the Deputy Under Secretary as an Assistant Secretary” (31 U.S.C. § 301(d)). In each of these

two cases, the President did so.

g.

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)).

h.

This position has a five-year term and a limitation on the President’s removal power. See 31 U.S.C. § 304.

i.

According to the 2004 Plum Book, the Director of the United States Mint and the Treasurer of the United

States were both Senior Level positions (p. 142). With regard to pay for such positions, the Plum Book

states, “Pay for Senior Level positions ranges from 120 percent of basic pay payable for GS-15, step 1, of the

Congressional Research Service

38

Presidential Appointments to Full-time Positions in Executive Departments

General Schedule to the rate of pay for level IV of the Executive Schedule. ... SL employees are entitled to

locality-based comparability payments for their respective pay area. The employee’s locality rate of pay may

not exceed the pay for level III of the Executive Schedule” (p. 219). See also 5 U.S.C. 5376 and 5 U.S.C.

5304(g)(2).

TREAS Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

Confirmed

Days to

confirm

Harold Damelin

Inspector General

01/24/05

03/17/05

52

John C. Dugan

Comptroller of the Currency

02/28/05

07/29/05

151

Timothy D. Adams

Under Secy. - International Affairs

04/06/05

07/29/05

114

Sandra L. Pack

Asst. Secy. - Management

05/16/05

07/29/05

74

Janice B. Gardner

Asst. Secy. - Intelligence and

Analysis

05/16/05

07/28/05

73

John M. Reich

Dir. - Office of Thrift Supervision

05/25/05

Randal Quarles

Under Secy. - Domestic Finance

05/26/05

Philip D. Morrison

Asst. Secy. - Tax Policy

05/26/05

John M. Reich

Dir. - Office of Thrift Supervision

06/06/05

07/29/05

53

Kevin I. Fromer

Dep. Under Secy. - Legislative

Affairsa

06/06/05

07/29/05

53

Patrick M. O’Brien

Asst. Secy. - Terrorist Financing

06/29/05

10/07/05

67

Robert M. Kimmit

Deputy Secy.

06/29/05

07/29/05

30

Emil W. Henry Jr.

Asst. Secy. - Financial Institutions

07/28/05

10/07/05

38

Terry Neese

Dir. - Mint

07/29/05

Clay Lowery

Dep. Under Secy. - International

Affairsa

09/06/05

10/28/05

52

Antonio Fratto

Asst. Secy. - Public Affairs

10/06/05

12/17/05

72

Eric Solomon

Asst. Secy. - Tax Policy

05/09/06

12/09/06

183

Henry M. Paulson Jr.

Secretary

06/19/06

06/28/06

9

Edmund C. Moy

Dir. - Mint

06/29/06

07/26/06

27

Robert K. Steel

Under Secy. - Domestic Finance

09/06/06

09/29/06

23

Phillip L. Swagel

Asst. Secy. - Economic Policy

09/26/06

12/09/06

74

Michele A. Davis

Asst. Secy. - Public Affairs

09/28/06

12/09/06

72

Robert F. Hoyt

General Counsel

09/29/06

12/09/06

71

Anthony W. Ryan

Asst. Secy. - Financial Markets

11/13/06

12/09/06

26

Withdrawn 06/06/05

07/29/05

64

Withdrawn 10/07/05

Withdrawn 09/19/05

Mean number of days to confirm a nomination

66

Median number of days to confirm a nomination

64

a.

The U.S. Code provides that the department has two deputy under secretaries appointed by the President

with the advice and consent of the Senate. “When appointing each Deputy Under Secretary, the President

may designate the Deputy Under Secretary as an Assistant Secretary” (31 U.S.C. § 301(d)). In each of these

two cases, the President did so.

Congressional Research Service

39

Presidential Appointments to Full-time Positions in Executive Departments

Department of Veterans Affairs (DVA)

Full-time PAS Positions, as of the End of the 109th Congress

Position

Incumbent

Pay level

Secretary

R. James Nicholson

I

Deputy Secretary

Gordon H. Mansfield

II

Under Secretary - Benefitsa

Daniel L. Cooper

III

Under Secretary - Healthb

Michael J. Kussman (A)

III

Under Secretary - Memorial Affairs

William F. Tuerk

III

Assistant Secretary - Congressional and Legislative

Affairs

Thomas E. Harvey (A)

IV

Assistant Secretary - Human Resources and

Administration

Robert A. Pittman

IV

Assistant Secretary - Information and Technology

Robert T. Howard

IV

Assistant Secretary - Management/Chief Financial

Officerc

Robert J. Henke

IV

Assistant Secretary - Policy and Planning

Patrick W. Dunne

IV

Assistant Secretary - Public and Intergovernmental

Affairs

Lisette M. Mondello

IV

Chairman - Board of Veterans’ Appealsd

James P. Terry

IV

General Counsel

Paul J. Hutter (A)

IV

Inspector Generale

George J. Opfer

IV

a.

This position had, at the end of the 109th Congress, a four-year term, limitations on the President’s removal

power, and specified qualifications. See 38 U.S.C. § 306. The provisions were repealed by the Veterans

Benefits, Health Care, and Information Technology Act of 2006, which was enacted December 22, 2006

(P.L. 109-461, § 210; 120 Stat. 3418).

b.

This position had, at the end of the 109th Congress, a four-year term, limitations on the President’s removal

power, and specified qualifications. See 38 U.S.C. § 305. The provisions were repealed by the Veterans

Benefits, Health Care, and Information Technology Act of 2006, which was enacted December 22, 2006

(P.L. 109-461, § 210; 120 Stat. 3418).

c.

The chief financial officer (CFO) 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 other positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that positions

will be combined as noted in the table.

d.

This position has a six-year term and limitations on the President’s removal power. See 38 U.S.C. § 7101(b).

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)).

Congressional Research Service

40

Presidential Appointments to Full-time Positions in Executive Departments

DVA Appointment Action During the 109th Congress

Nominee/

recess appointee

Position

Nominated

01/04/05

Days to

confirm

Confirmed

(name redacted)son

Secretary

01/26/05

Jonathan B. Perlin

Under Secy. - Health

02/18/05

04/28/05

69

Robert J. Henke

Asst. Secy. - Management

07/29/05

10/26/05

56

William F. Tuerk

Under Secy. - Memorial Affairs

07/29/05

10/26/05

56

John M. Molino

Asst. Secy. - Policy, Planning, and

Preparedness

09/06/05

Lisette M. Mondello

Asst. Secy. - Public and

Intergovernmental Affairs

09/06/05

10/26/05

50

George J. Opfer

Inspector General

09/06/05

11/10/05

65

Daniel L. Cooper

Under Secy. - Benefits

03/30/06

06/29/06

91

Patrick W. Dunn

Asst. Secy. - Policy and Planning

05/24/06

08/03/06

71

Thomas E. Harvey

Asst. Secy. - Congressional and

Legislative Affairs

06/26/06

Robert T. Howard

Asst. Secy. - Information and

Technology

09/05/06

Withdrawn 12/13/05

Returned 12/09/06a

09/29/06

24

Mean number of days to confirm a nomination

56

Median number of days to confirm a nomination

56

a.

22

Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

41

Appendix A. Nominations and Recess Appointments, 109th Congress

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Timothy D. Adams

Under Secy. - International Affairs

TREAS

04/06/05

07/29/05

114

John O. Agwunobi

Asst. Secy. - Health

HHS

06/29/05

12/17/05

138

C. Stephen Allred

Asst. Secy. - Land and Minerals Management

DOI

08/01/06

09/29/06

28

William C. Anderson

Asst. Secy. - Air Force - Installations, Environment, and Logistics

DOD

05/26/05

10/28/05

122

James M. Andrew

Admin. - Rural Utilities Service

USDA

09/06/05

11/10/05

65

Carl J. Artman

Asst. Secy. - Indian Affairs

DOI

08/01/06

Alex Azar II

Deputy Secy.

HHS

04/19/05

07/22/05

94

Stewart A. Baker

Asst. Secy. - Policy

DHS

07/14/05

10/07/05

52

Thomas O. Barnett

Asst. Atty. General - Antitrust Division

DOJ

09/06/05

02/10/06

146

Thomas J. Barrett

Admin. - Pipeline and Hazardous Materials Safety Administration

DOT

01/25/06

05/26/06

121

Santanu K. Baruah

Asst. Secy. - Economic Development

DOC

09/06/05

12/17/05

102

W. Ralph Basham

Commissioner - Customs

DHS

01/31/06

05/26/06

115

P. Jackson Bell

Deputy Under Secy. - Logistics and Materiel Readiness

DOD

06/28/05

07/29/05

31

John B. Bellinger III

Legal Adviser

DOS

02/14/05

04/06/05

51

Jeffrey T. Bergner

Asst. Secy. - Legislative Affairs

DOS

10/06/05

11/04/05

29

David L. Bernhardt

Solicitor

DOI

11/18/05

David L. Bernhardt

Solicitor

DOI

09/05/06

Anita K. Blair

Asst. Secy. - Air Force - Manpower and Reserve Affairs

DOD

04/24/06

Joseph H. Boardman

Admin. - Federal Railroad Administration

DOT

03/17/05

04/28/05

42

Samuel W. Bodman

Secretary

DOE

01/04/05

01/31/05

27

David S. Bohigian

Asst. Secy. - Market Access and Compliance

DOC

10/06/05

12/17/05

72

John R. Bolton

U.S. Representative - U.N.

DOS

03/17/05

John R. Bolton

U.S. Representative - U.N.

DOS

John R. Bolton

U.S. Representative - U.N.

DOS

CRS-42

Returned 12/09/06

Returned 08/03/06

09/29/06

Returned 12/09/06

Returned 07/29/05

Recess appointment 08/01/05

09/19/05

24

Returned 09/29/06

Nominee/

recess appointee

Position

Department

Nomination

date

John R. Bolton

U.S. Representative - U.N.

DOS

11/09/06

Mary A. Bomar

Dir. - National Park Service

DOI

09/05/06

09/29/06

24

Richard A. Boucher

Asst. Secy. - South and Central Asian Affairs

DOS

01/18/06

02/17/06

30

Steven G. Bradbury

Asst. Atty. General - Office of Legal Counsel

DOJ

06/23/05

Returned 12/21/05

Steven G. Bradbury

Asst. Atty. General - Office of Legal Counsel

DOJ

01/25/06

Returned 09/29/06

Steven G. Bradbury

Asst. Atty. General - Office of Legal Counsel

DOJ

11/14/06

Returned 12/09/06

Rachel L. Brand

Asst. Atty. General - Office of Legal Policy

DOJ

04/04/05

07/28/05

115

Gale A. Buchanan

Under Secy. - Research, Education, and Economics

USDA

01/18/06

05/12/06

114

Michael J. Burns

Asst. to the Secretary - Nuclear and Chemical and Biological Defense

Programs

DOD

12/06/06

R. Nicholas Burns

Under Secy. - Political Affairs

DOS

02/14/05

03/17/05

31

Orlando J. Cabrera

Asst. Secy. - Public and Indian Housing

HUD

09/06/05

11/04/05

59

Gregory B. Cade

Admin. - U.S. Fire Administration

DHS

12/05/06

J. Richard Capka

Admin. - Federal Highway Administration

DOT

03/07/06

05/26/06

80

Rajkumar Chellaraj

Asst. Secy. - Administration

DOS

01/25/06

05/26/06

121

Michael Chertoff

Secretary

DHS

01/31/05

02/15/05

15

Charles R.

Christopherson Jr.

Chief Financial Officer

USDA

09/08/05

11/10/05

63

Charles S. Ciccolella

Asst. Secy. - Veterans’ Employment and Training Service

DOL

05/17/05

07/29/05

73

Maria Cino

Deputy Secy.

DOT

04/06/05

05/11/05

35

John F. Clark

Dir. - U.S. Marshals Service

DOJ

10/21/05

03/16/06

135

Michell C. Clark

Asst. Secy. - Management

ED

12/13/05

03/13/06

79

Paul D. Clement

Solicitor General

DOJ

03/14/05

06/08/05

86

Randolph J. Clerihue

Asst. Secy. - Public Affairs

DOL

08/01/06

09/21/06

20

Terry L. Cline

Admin. - Substance Abuse and Mental Health Services Administration

HHS

11/13/06

12/09/06

26

Benedict S. Cohen

General Counsel - Army

DOD

02/06/06

08/03/06

178

Jay M. Cohen

Under Secy. - Science and Technology

DHS

06/28/06

08/03/06

36

CRS-43

Confirmation

date

Days to

confirm

Returned 12/09/06

Returned 12/09/06

Returned 12/09/06

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Sean T. Connaughton

Admin. - Maritime Administration

DOT

06/28/06

08/03/06

36

Charles F. Conner

Deputy Secy.

USDA

03/14/05

04/27/05

44

James T. Conway

Commandant - Marine Corps - Joint Chiefs of Staff

DOD

06/14/06

08/02/06

49

Daniel L. Cooper

Under Secy. - Benefits

DVA

03/30/06

06/29/06

91

John R. Correll

Dir. - Office of Surface Mining Reclamation and Enforcement

DOI

05/16/06

Returned 08/03/06

John R. Correll

Dir. - Office of Surface Mining Reclamation and Enforcement

DOI

09/05/06

Returned 12/09/06

Robert M. Couch

Pres. - Government National Mortgage Association

HUD

01/18/06

06/15/06

148

John W. Cox

Chief Financial Officer

HUD

03/02/06

05/26/06

85

Lester M. Crawford

Commissioner - Food and Drug Administration

HHS

02/15/05

07/18/05

153

Robert C. Cresanti

Under Secy. - Technology

DOC

11/10/05

03/16/06

115

Henry Crumpton

Ambassador-at-Large/Coordinator - Counterterrorism

DOS

06/09/05

07/29/05

50

Thomas P. D’Agostino

Deputy Admin. - Defense Programs, NNSA

DOE

01/27/06

02/17/06

21

Harold Damelin

Inspector General

TREAS

01/24/05

03/17/05

52

Michele A. Davis

Asst. Secy. - Public Affairs

TREAS

09/28/06

12/09/06

72

Paul DeCamp

Admin. - Wage and Hour Division

DOL

01/31/06

Paul DeCamp

Admin. - Wage and Hour Division

DOL

Paul DeCamp

Admin. - Wage and Hour Division

DOL

09/07/06

Returned 09/29/06

Paul DeCamp

Admin. - Wage and Hour Division

DOL

11/14/06

Returned 12/09/06

Suzanne C. DeFrancis

Asst. Secy. - Public Affairs

HHS

04/04/05

07/22/05

109

Uttam Dhillon

Dir. - Office of Counternarcotics Enforcement

DHS

11/10/05

05/12/06

172

Michael L. Dominguez

Principal Deputy Under Secy. - Personnel and Readiness

DOD

12/13/05

06/29/06

187

Thomas C. Dorr

Under Secy. - Rural Development

USDA

01/24/05

07/21/05

178

John C. Dugan

Comptroller of the Currency

TREAS

02/28/05

07/29/05

151

Patrick W. Dunn

Asst. Secy. - Policy and Planning

DVA

05/24/06

08/03/06

71

Tyler D. Duvall

Asst. Secy. - Transportation Policy

DOT

01/18/06

05/26/06

128

Mark R. Dybul

Coordinator - U.S. Global AIDS

DOS

07/18/06

08/03/06

16

CRS-44

Returned 09/29/06

Recess Appointment 08/31/06

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Keith E. Eastin

Asst. Secy. - Army - Installations and Environment

DOD

06/29/05

07/29/05

30

Eric S. Edelman

Under Secy. - Policy

DOD

05/16/05

02/09/06

225

Eric S. Edelman

Under Secy. - Policy

DOD

Eric S. Edelman

Under Secy. - Policy

DOD

09/19/05

Returned 12/09/06

John G. Emling

Asst. Secy. - Legislative and Intergovernmental Affairs

DOC

02/27/06

Withdrawn 04/24/06

Gordon England

Deputy Secy.

DOD

04/07/05

Gordon England

Deputy Secy.

DOD

Gordon England

Deputy Secy.

DOD

02/10/06

Delores M. Etter

Asst. Secy. - Navy - Research, Development, and Acquisition

DOD

09/06/05

10/28/05

52

James I. Finley

Deputy Under Secy. - Acquisition and Technology

DOD

12/20/05

02/17/06

48

Alice S. Fisher

Asst. Atty. General - Criminal Division

DOJ

04/04/05

09/19/06

458

Alice S. Fisher

Asst. Atty. General - Criminal Division

DOJ

Alice S. Fisher

Asst. Atty. General - Criminal Division

DOJ

09/19/05

Returned 12/09/06

Timothy E. Flanigan

Deputy Attorney General

DOJ

06/20/05

Withdrawn 10/07/05

Peter C. W. Flory

Asst. Secy. - International Security Policy

DOD

01/24/05

Returned 12/09/06

Peter C. W. Flory

Asst. Secy. - International Security Policy

DOD

Peter C. W. Flory

Asst. Secy. - International Security Policy

DOD

09/19/05

Nelson M. Ford

Asst. Secy. - Army - Financial Management/ Comptroller

DOD

08/03/06

09/29/06

26

Henrietta H. Fore

Under Secy. - Management

DOS

05/11/05

07/29/05

79

George W. Foresman

Under Secy. - Preparedness

DHS

10/21/05

12/17/05

57

Randall M. Fort

Asst. Secy. - Intelligence and Research

DOS

06/12/06

08/03/06

52

Edwin G. Foulke Jr.

Asst. Secy. - Occupational Safety and Health Administration

DOL

09/15/05

03/13/06

168

Antonio Fratto

Asst. Secy. - Public Affairs

TREAS

10/06/05

12/17/05

72

Jendayi E. Frazer

Asst. Secy. - African Affairs

DOS

06/30/05

07/29/05

29

Sharee M. Freeman

Dir. - Community Relations Service

DOJ

12/20/05

03/31/06

90

Daniel Fried

Asst. Secy. - European and Eurasian Affairs

DOS

03/08/05

04/28/05

51

CRS-45

Recess Appointment 08/09/05

04/06/06

320

Recess Appointment 01/04/06

Returned 12/09/06

Recess Appointment 08/31/05

Recess Appointment 08/02/05

Returned 12/09/06

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Kevin I. Fromer

Dep. Under Secy. - Legislative Affairs

TREAS

06/06/05

07/29/05

53

Janice B. Gardner

Asst. Secy. - Intelligence and Analysis

TREAS

05/16/05

07/28/05

73

David K. Garman

Under Secy.

DOE

03/04/05

06/15/05

103

Robert M. Gates

Secretary

DOD

12/04/06

12/06/06

2

Preston M. Geren

Under Secy. - Army

DOD

01/18/06

02/17/06

30

Edmund P. Giambastiani Jr. Vice Chairman - Joint Chiefs of Staff

DOD

04/25/05

07/15/05

81

Cynthia A. Glassman

Under Secy. - Economic Affairs

DOC

08/03/06

09/29/06

26

Alberto R. Gonzales

Attorney General

DOJ

01/04/05

02/03/05

30

Emilio T. Gonzalez

Dir. - Bureau of Citizenship and Immigration Services

DHS

09/06/05

12/21/05

106

Keith E. Gottfried

General Counsel

HUD

07/25/05

10/07/05

41

Richard J. Griffin

Asst. Secy. - Diplomatic Security

DOS

04/28/05

06/16/05

49

Richard J. Griffin

Dir. - Office of Foreign Missions

DOS

04/28/05

06/16/05

49

John G. Grimes

Asst. Secy. - Networks and Information Integration

DOD

06/16/05

10/28/05

101

Carlos M. Gutierrez

Secretary

DOC

01/04/05

01/24/05

20

Terrell Halaska

Asst. Secy. - Legislation and Congressional Affairs

ED

06/29/05

07/28/05

29

H. Dale Hall

Dir. - U.S. Fish and Wildlife Service

DOI

07/18/05

10/07/05

48

Thomas E. Harvey

Asst. Secy. - Congressional and Legislative Affairs

DVA

06/26/06

Edmund S. Hawley

Asst. Secy. - Transportation Security Administration

DHS

05/19/05

07/22/05

64

Robert J. Henke

Asst. Secy. - Management

DVA

07/29/05

10/26/05

56

Tracy A. Henke

Exec. Dir. - Office of State and Local Government Coordination and

Preparedness

DHS

07/14/05

Tracy A. Henke

Exec. Dir. - Office of State and Local Government Coordination and

Preparedness

DHS

Tracy A. Henke

Exec. Dir. - Office of State and Local Government Coordination and

Preparedness

DHS

02/10/06

Returned 08/03/06

Tracy A. Henke

Exec. Dir. - Office of State and Local Government Coordination and

Preparedness

DHS

09/05/06

Withdrawn 12/06/06

CRS-46

Returned 12/09/06

Returned 08/03/06

Recess appointment 01/04/06

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Emil W. Henry Jr.

Asst. Secy. - Financial Institutions

TREAS

07/28/05

10/07/05

38

Israel Hernandez

Asst. Secy. - Trade Promotion/Dir. Gen. - U.S. and Foreign

Commercial Service

DOC

05/26/05

10/07/05

101

Bradford F. Higgins

Asst. Secy. - Resource Management

DOS

12/13/05

02/16/06

54

Bradford F. Higgins

Chief Financial Officer

DOS

12/13/05

02/16/06

54

Christopher R. Hill

Asst. Secy. - East Asian and Pacific Affairs

DOS

03/04/05

03/17/05

13

David R. Hill

General Counsel

DOE

04/14/05

07/28/05

105

John H. Hill

Admin. - Federal Motor Carrier Safety Administration

DOT

05/16/06

08/03/06

79

John Hillen

Asst. Secy. - Political-Military Affairs

DOS

06/28/05

10/07/05

68

Robert T. Howard

Asst. Secy. - Information and Technology

DVA

09/05/06

09/29/06

24

Robert F. Hoyt

General Counsel

TREAS

09/29/06

12/09/06

71

Karen P. Hughes

Under Secy. - Public Diplomacy and Public Affairs

DOS

06/29/05

07/29/05

30

Darryl W. Jackson

Asst. Secy. - Export Enforcement

DOC

06/28/05

10/07/05

68

Michael P. Jackson

Deputy Secy.

DHS

02/18/05

03/10/05

20

Ronald J. James

Asst. Secy. - Army - Manpower and Reserve Affairs

DOD

07/21/06

09/29/06

39

Jeffrey D. Jarrett

Asst. Secy. - Fossil Energy

DOE

09/06/05

12/17/05

102

William A. Jeffrey

Dir. - National Institute of Standards and Technology

DOC

05/25/05

07/22/05

58

Frank R. Jimenez

General Counsel - Navy

DOD

06/29/06

09/21/06

53

Mike Johanns

Secretary

USDA

01/04/05

01/20/05

16

Nancy M. Johner

Under Secy. - Food, Nutrition, and Consumer Services

USDA

06/16/06

08/03/06

48

Charles E. Johnson

Asst. Secy. - Budget, Technology, and Finance

HHS

04/25/05

07/22/05

88

Collister Johnson Jr.

Admin. - Saint Lawrence Seaway Development Corporation

DOT

09/05/06

09/29/06

24

Henry L. Johnson

Asst. Secy. - Elementary and Secondary Education

ED

06/06/05

07/28/05

52

Robert W. Johnson

Commissioner - Bureau of Reclamation

DOI

07/21/06

09/29/06

39

Robert Joseph

Under Secy. - Arms Control and International Security

DOS

03/14/05

05/26/05

73

Troy R. Justesen

Asst. Secy. - Vocational and Adult Education

ED

05/08/06

07/26/06

79

CRS-47

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

R. Shane Karr

Asst. Secy. - Governmental Affairs

DOT

01/18/06

05/26/06

128

Alexander A. Karsner

Asst. Secy. - Energy Efficiency and Renewable Energy

DOE

12/21/05

03/16/06

74

Ashok G. Kaveeshwar

Admin. - Research and Innovative Technology Administration

DOT

05/25/05

06/30/05

36

Mark E. Keenum

Under Secy. - Farm and Foreign Agricultural Services

USDA

11/13/06

Returned 12/09/06

Scott A. Keller

Asst. Secy. - Congressional and Intergovernmental Relations

HUD

11/13/06

Returned 12/09/06

Dirk Kempthorne

Secretary

DOI

04/24/06

05/26/06

32

Kim Kendrick

Asst. Secy. - Fair Housing and Equal Opportunity

HUD

06/29/05

10/07/05

67

Marc L. Kesselman

General Counsel

USDA

11/16/05

05/12/06

166

Wan J. Kim

Asst. Atty. General - Civil Rights Division

DOJ

06/16/05

11/04/05

108

Robert M. Kimmit

Deputy Secy.

TREAS

06/29/05

07/29/05

30

John M. R. Kneuer

Asst. Secy. - Communications and Information

DOC

05/01/06

12/09/06

191

Bruce I. Knight

Under Secy. - Marketing and Regulatory Programs

USDA

06/29/06

08/03/06

35

Kevin M. Kolevar

Asst. Secy. - Electricity Delivery and Energy Reliability

DOE

09/26/06

Kenneth J. Krieg

Under Secy. - Acquisition, Technology and Logistics

DOD

04/04/05

05/26/05

52

Howard J. Krongard

Inspector General

DOS

01/24/05

04/27/05

93

David H. Laufman

Inspector General

DOD

06/05/06

Franklin L. Lavin

Under Secy. - International Trade

DOC

07/29/05

10/28/05

58

Michael O. Leavitt

Secretary

HHS

01/04/05

01/26/05

22

Daniel R. Levinson

Inspector General

HHS

01/24/05

06/08/05

135

Mark A. Limbaugh

Asst. Secy. - Water and Science

DOI

05/11/05

07/22/05

72

James B. Lockhart III

Dir. - Office of Federal Housing Enterprise Oversight

HUD

04/27/06

06/15/06

49

Barry F. Lowenkron

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

DOS

07/28/05

10/07/05

38

Clay Lowery

Dep. Under Secy. - International Affairs

TREAS

09/06/05

10/28/05

52

Tom Luce

Asst. Secy. - Planning, Evaluation and Policy Development

ED

05/23/05

06/30/05

38

Jane C. Luxton

Asst. Secy. - Oceans and Atmosphere

DOC

09/29/06

Lauren M. Maddox

Asst. Secy. - Communications and Outreach

ED

09/07/06

CRS-48

Returned 12/09/06

Withdrawn 12/06/06

Returned 12/09/06

09/21/06

14

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Sean I. McCormack

Asst. Secy. - Public Affairs

DOS

04/04/05

05/26/05

52

David H. McCormick

Under Secy. - Export Administration

DOC

06/28/05

10/07/05

68

Margo M. McKay

Asst. Secy. - Civil Rights

USDA

06/12/06

08/03/06

52

Claudia A. McMurray

Asst. Secy. - Oceans and International Environmental and Scientific

Affairs

DOS

11/16/05

02/16/06

81

Paul J. McNulty

Deputy Attorney General

DOJ

11/09/05

03/16/06

116

Charles E. McQueary

Dir. - Operational Test and Evaluation

DOD

06/29/06

07/21/06

22

William W. Mercer

Associate Attorney General

DOJ

09/05/06

Returned 12/09/06

Daniel Meron

General Counsel

HHS

11/16/05

Returned 12/09/06

Daniel Meron

General Counsel

HHS

Daniel Meron

General Counsel

HHS

09/07/06

Richard T. Miller

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

DOS

01/25/06

John M. Molino

Asst. Secy. - Policy, Planning, and Preparedness

DVA

09/06/05

Lisette M. Mondello

Asst. Secy. - Public and Intergovernmental Affairs

DVA

09/06/05

10/26/05

50

Stephanie J. Monroe

Asst. Secy. - Civil Rights

ED

06/23/05

12/17/05

144

Brian D. Montgomery

Asst. Secy. - Housing/Federal Housing Commissioner

HUD

04/25/05

06/13/05

49

Philip D. Morrison

Asst. Secy. - Tax Policy

TREAS

05/26/05

T. Michael Moseley

Chief of Staff - Air Force - Joint Chiefs of Staff

DOD

05/16/05

06/30/05

45

Edmund C. Moy

Dir. - Mint

TREAS

06/29/06

07/26/06

27

Michael G. Mullen

Chief of Naval Operations - Joint Chiefs of Staff

DOD

03/02/05

04/28/05

57

Julie L. Myers

Asst. Secy. - U.S. Immigration and Customs Enforcement

DHS

06/29/05

Julie L. Myers

Asst. Secy. - U.S. Immigration and Customs Enforcement

DHS

Julie L. Myers

Asst. Secy. - U.S. Immigration and Customs Enforcement

DHS

02/10/06

Returned 12/09/06

Mark Myers

Dir. - U.S. Geological Survey

DOI

05/03/06

Returned 08/03/06

Mark Myers

Dir. - U.S. Geological Survey

DOI

09/05/06

09/15/06

10

Nicole R. Nason

Admin. - National Highway Traffic Safety Administration

DOT

01/18/06

05/26/06

128

CRS-49

Recess appointment 08/31/06

Returned 12/09/06

03/16/06

50

Withdrawn 12/13/05

Withdrawn 10/07/05

Returned 12/09/06

Recess appointment 01/04/06

Nominee/

recess appointee

Position

Department

Nomination

date

Terry Neese

Dir. - Mint

TREAS

07/29/05

Keith A. Nelson

Asst. Secy. - Administration

HUD

07/12/05

01/04/05

Days to

confirm

Withdrawn 09/19/05

10/07/05

54

(name redacted)son

Secretary

David L. Norquist

Chief Financial Officer

DHS

01/18/06

05/26/06

128

Patrick M. O’Brien

Asst. Secy. - Terrorist Financing

TREAS

06/29/05

10/07/05

67

George J. Opfer

Inspector General

DVA

09/06/05

11/10/05

65

Raymond L. Orbach

Under Secy. - Science

DOE

12/13/05

05/26/06

153

Peter Pace

Chairman - Joint Chiefs of Staff

DOD

04/25/05

07/15/05

81

Sandra L. Pack

Asst. Secy. - Management

TREAS

05/16/05

07/29/05

74

Christopher A. Padilla

Asst. Secy. - Export Administration

DOC

07/13/06

09/29/06

47

Pamela H. Patenaude

Asst. Secy. - Community Planning and Development

HUD

01/24/05

04/15/05

81

Anne W. Patterson

Asst. Secy.- International Narcotics and Law Enforcement Affairs

DOS

10/19/05

11/10/05

22

R. David Paulison

Under Secy. - Federal Emergency Management

DHS

04/06/06

05/26/06

50

Henry M. Paulson Jr.

Secretary

TREAS

06/19/06

06/28/06

9

Sue C. Payton

Asst. Secy. - Air Force - Acquisition

DOD

04/25/06

07/21/06

87

Buddie J. Penn

Asst. Secy. - Navy - Installations and Environment

DOD

01/24/05

02/17/05

24

Jonathan B. Perlin

Under Secy. - Health

DVA

02/18/05

04/28/05

69

Philip J. Perry

General Counsel

DHS

04/04/05

06/08/05

65

Mary E. Peters

Secretary

DOT

09/07/06

09/29/06

22

Dina H. Powell

Asst. Secy. - Educational and Cultural Affairs

DOS

04/28/05

06/24/05

57

Randal Quarles

Under Secy. - Domestic Finance

TREAS

05/26/05

07/29/05

64

Richard A. Raymond

Under Secy. - Food Safety

USDA

05/26/05

07/01/05

36

John M. Reich

Dir. - Office of Thrift Supervision

TREAS

05/25/05

John M. Reich

Dir. - Office of Thrift Supervision

TREAS

06/06/05

07/29/05

53

Condoleezza Rice

Secretary

DOS

01/04/05

01/26/05

22

James A. Rispoli

Asst. Secy. - Environmental Management

DOE

05/17/05

07/29/05

73

CRS-50

DVA

Confirmation

date

01/26/05

22

Withdrawn 06/06/05

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

John C. Rood

Asst. Secy. - International Security and Non-proliferation

DOS

07/12/06

09/13/06

32

Boyd K. Rutherford

Asst. Secy. - Administration

USDA

01/27/06

05/12/06

105

Anthony W. Ryan

Asst. Secy. - Financial Markets

TREAS

11/13/06

12/09/06

26

David A. Sampson

Deputy Secy.

DOC

04/04/05

07/22/05

109

David C. Sanborn

Admin. - Maritime Administration

DOT

01/18/06

Jackie Wolcott Sanders

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

DOS

01/18/06

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and Migration

DOS

09/06/05

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and Migration

DOS

Ellen R. Sauerbrey

Asst. Secy. - Population, Refugees, and Migration

DOS

02/10/06

P. Lynne Scarlett

Deputy Secy.

DOI

02/18/05

11/18/05

240

Phyllis F. Scheinberg

Asst. Secy. - Budget and Programs

DOT

04/14/05

04/28/05

14

Mark S. Schneider

Commissioner - Education Statistics

ED

07/27/05

10/21/05

53

Paul A. Schneider

Under Secy. - Management

DHS

11/13/06

12/09/06

26

Regina B. Schofield

Asst. Atty. General - Office of Justice Programs

DOJ

04/04/05

06/08/05

65

Calvin L. Scovel

Inspector General

DOT

07/13/06

09/29/06

47

Jeffrey L. Sedgwick

Dir. - Bureau of Justice Statistics

DOJ

01/31/06

03/31/06

59

Ronald M. Sega

Under Secy. - Air Force

DOD

06/28/05

07/29/05

31

J. Clay Sell

Deputy Secy.

DOE

02/28/05

03/17/05

17

Leon R. Sequeira

Asst. Secy. - Policy

DOL

11/13/06

Thomas A. Shannon Jr.

Asst. Secy. - Western Hemisphere Affairs

DOS

09/06/05

10/07/05

31

Josette Sheeran

Under Secy. - Economic, Business, and Agricultural Affairs

DOS

06/28/05

07/29/05

31

Jill L. Sigal

Asst. Secy. - Congressional and Intergovernmental Affairs

DOE

05/09/05

07/28/05

80

Kristen Silverberg

Asst. Secy. - International Organizations

DOS

06/29/05

07/29/05

30

Raymond J. Simon

Deputy Secy.

ED

04/15/05

05/26/05

41

James S. Simpson

Admin. - Federal Transit Administration

DOT

01/18/06

08/03/06

197

Richard L. Skinner

Inspector General

DHS

04/28/05

07/28/05

91

CRS-51

Withdrawn 03/27/06

02/16/06

29

Returned 12/09/06

Recess appointment 01/04/06

Returned 12/09/06

Returned 12/09/06

Nominee/

recess appointee

Position

Department

Nomination

date

Confirmation

date

Days to

confirm

Dorrance Smith

Asst. Secy. - Public Affairs

DOD

09/22/05

04/07/06

186

Dorrance Smith

Asst. Secy. - Public Affairs

DOD

Dorrance Smith

Asst. Secy. - Public Affairs

DOD

02/10/06

Eric Solomon

Asst. Secy. - Tax Policy

TREAS

05/09/06

12/09/06

183

Margaret Spellings

Secretary

ED

01/04/05

01/20/05

16

David M. Spooner

Asst. Secy. - Import Administration

DOC

11/10/05

12/17/05

37

Edward F. Sproat III

Dir. - Office of Civilian Radioactive Waste Management

DOE

09/08/05

05/26/06

249

Dennis R. Spurgeon

Asst. Secy. - Nuclear Energy

DOE

02/13/06

03/27/06

42

Daniel R. Stanley

Asst. Secy. - Legislative Affairs

DOD

05/16/05

06/30/05

45

George M. Staples

Dir. General - Foreign Service

DOS

03/02/06

05/19/06

78

Robert K. Steel

Under Secy. - Domestic Finance

TREAS

09/06/06

09/29/06

23

Andrew B. Steinberg

Asst. Secy. - Aviation and International Affairs

DOT

02/10/06

09/29/06

200

Richard E. Stickler

Asst. Secy. - Mine Safety and Health Administration

DOL

09/15/05

Returned 08/03/06

Richard E. Stickler

Asst. Secy. - Mine Safety and Health Administration

DOL

09/05/06

Returned 09/29/06

Richard E. Stickler

Asst. Secy. - Mine Safety and Health Administration

DOL

Richard E. Stickler

Asst. Secy. - Mine Safety and Health Administration

DOL

11/14/06

Linda A. Strachan

Asst. Secy. - Congressional Relations

USDA

02/17/06

05/12/06

84

Daniel S. Sullivan

Asst. Secy. - Economic, Energy and Business Affairs

DOS

04/24/06

05/26/06

32

John J. Sullivan

General Counsel

DOC

05/09/05

07/22/05

74

Kevin F. Sullivan

Asst. Secy. - Communications and Outreach

ED

04/28/05

07/28/05

91

Phillip L. Swagel

Asst. Secy. - Economic Policy

TREAS

09/26/06

12/09/06

74

Kent D. Talbert

General Counsel

ED

09/28/05

05/19/06

222

William H. Tobey

Deputy Admin. - Defense Nuclear Nonproliferation, NNSA

DOE

05/11/06

08/03/06

84

Sara A. Tucker

Under Secy.

ED

09/05/06

12/09/06

95

William F. Tuerk

Under Secy. - Memorial Affairs

DVA

07/29/05

10/26/05

56

Vincent J. Ventimiglia Jr.

Asst. Secy. - Legislation

HHS

07/18/05

12/21/05

123

CRS-52

Recess Appointment 01/04/06

Returned 12/09/06

Recess Appointment 10/19/06

Returned 12/09/06

Nominee/

recess appointee

Department

Nomination

date

Confirmation

date

Days to

confirm

Andrew C. von Eschenbach Commissioner - Food and Drug Administration

HHS

03/15/06

12/07/06

236

Kenneth L. Wainstein

Asst. Atty. General - National Security Division

DOJ

03/13/06

09/21/06

161

Mark D. Wallace

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

DOS

01/18/06

03/16/06

57

Lawrence A. Warder

Chief Financial Officer

ED

04/25/06

07/26/06

92

R. Thomas Weimer

Asst. Secy. - Policy, Management, and Budget

DOI

05/09/05

12/21/05

193

C. David Welch

Asst. Secy. - Near Eastern Affairs

DOS

02/14/05

03/17/05

31

Nathaniel F. Wienecke

Asst. Secy. - Legislative and Intergovernmental Affairs

DOC

06/29/06

08/03/06

35

Robert L. Wilkie

Asst. Secy. - Legislative Affairs

DOD

06/26/06

09/29/06

64

Darlene F. Williams

Asst. Secy. - Policy Development and Research

HUD

07/25/05

10/07/05

41

J. Clint Williamson

Ambassador-at-Large - War Crimes Issues

DOS

04/06/06

06/29/06

84

Donald C. Winter

Secretary - Navy

DOD

09/06/05

11/10/05

65

Alejandro D. Wolff

U.S. Dep. Rep. - U.N.

DOS

10/17/05

11/18/05

32

John P. Woodley Jr.

Asst. Secy. - Army - Civil Works

DOD

01/24/05

05/12/05

108

Sue Ellen Wooldridge

Asst. Atty. General - Environment and Natural Resources Division

DOJ

06/20/05

11/10/05

110

Michael W. Wynne

Under Secy. - Acquisition, Technology and Logistics

DOD

Michael W. Wynne

Secretary - Air Force

DOD

09/06/05

10/28/05

52

John J. Young Jr.

Dir. - Defense Research and Engineering

DOD

07/28/05

10/28/05

59

Robert B. Zoellick

Deputy Secy.

DOS

02/10/05

02/16/05

6

Position

Recess Appointment 04/01/05

Mean number of days to confirm

75

Median number of days to confirm

57

CRS-53

Appendix B. Appointment Action, 109th Congress

Department

Positions

Nominations

Individual

Nominees

Confirmations

Returned

Withdrawn

Recess

Appointments

Mean days

to confirm

Median days

to confirm

Agriculture

16

14

14

13

1

0

0

77

63

Commerce

25

18

18

16

1

1

0

74

68

Defense

53

40

36

32

7

1

5

80

53

Education

18

14

14

14

0

0

0

75

66

Energy

22

14

14

13

1

0

0

87

80

Health and

Human Services

19

12

11

10

2

0

1

112

116

Homeland

Security

19

20

17

14

5

1

2

71

61

Housing and

Urban

Development

15

11

11

10

1

0

0

67

57

Interior

18

15

12

10

5

0

0

71

36

Justice

29

19

16

13

5

1

1

129

110

Labor

19

10

6

3

7

0

2

87

73

State

47

44

39

39

5

0

2

47

49

Transportation

20

17

17

16

0

1

0

82

63

Treasury

24

24

23

21

0

3

0

66

64

Veterans Affairs

14

11

11

9

1

1

0

56

56

Total

358

283

259

233

41

9

13

75

57

CRS-54

Presidential Appointments to Full-time Positions in Executive Departments

Appendix C. Senate Intersession Recesses,

Intrasession Recesses of Four or More Days, and

Numbers of Recess Appointments to Departmental

Positions, 109th Congress

Date Recessed

Date Reconvened

Number of Days

Recessedb

Number of recess appointments

to departmental positions

The first session of 109th Congress convened on 01/04/05.

01/06/05

01/20/05

13

0

01/26/05

01/31/05

4

0

02/18/05

02/28/05

9

0

03/20/05

04/04/05

14

1

04/29/05

05/09/05

9

0

05/26/05

06/06/05

10

0

07/01/05

07/11/05

9

0

07/29/05

09/01/05

33

4

09/01/05

09/06/05

4

0

10/07/05

10/17/05

9

0

11/18/05

12/12/05

23

0

The Senate adjourned sine die on 12/22/05. The second session of the109th

Congress convened on 01/03/06. The intersession

(period between these two dates) was 11 days long.a

0

01/03/06

01/18/06

14

5

02/17/06

02/27/06

9

0

03/16/06

03/27/06

10

0

04/07/06

04/24/06

16

0

05/26/06

06/05/06

9

0

06/29/06

07/10/06

10

0

08/04/06

09/05/06

31

2

09/30/06

11/09/06

39

1

11/16/06

12/04/06

17

0

The Senate adjourned sine die on 12/09/06. The first session of the 110th

Congress convened on 01/04/07. The intersession

(period between these two dates) was 25 days long.a

0

Note: Includes all recesses of four days or longer as indicated in the Senate “Days-in-Session Calendars” website

at http://thomas.loc.gov/home/ds/index.html#senate, accessed May, 5, 2008.

a.

The entries for the number of days adjourned include all days between the day the Senate adjourned and

the day it reconvened. They do not include the days of adjournment or reconvening because the Senate is

able to act on nominations on these days.

Congressional Research Service

55

Presidential Appointments to Full-time Positions in Executive Departments

Appendix D. Abbreviations of Departments

DHS

Department of Homeland Security

DOC

Department of Commerce

DOD

Department of Defense

DOE

Department of Energy

DOI

Department of the Interior

DOJ

Department of Justice

DOL

Department of Labor

DOS

Department of State

DOT

Department of Transportation

DVA

Department of Veterans Affairs

ED

Department of Education

HHS

Department of Health and Human Services

HUD

Department of Housing and Urban Development

TREAS

Department of the Treasury

USDA

Department of Agriculture

Author Contact Information

(name redacted)

Analyst in American National Government

/redacted/@crs.loc.gov, 7-....

(name redacted)

Information Research Specialist

/redacted/@crs.loc.gov, 7-....

Maureen Bearden

Information Research Specialist

/redacted/@crs.loc.gov, 7-....

Congressional Research Service

56

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

copyright on any CRS report we have republished.