# Presidential Appointments to Full-time Positions in Executive Departments During the 109th Congress, 2005-2006 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3ARL34527 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** June 10, 2008 - **Citation:** RL34527 ## Text 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 Of these 283 nominations, 233 were confirmed; nine were withdrawn; and 41 were returned to him in accordance with Senate rules.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 Administr [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL34527. Public record. Not legal advice.