During the 108th Congress, the President submitted to the Senate 166 nominations to executive department full-time positions. Of these 166 nominations, 120 were confirmed; eight were withdrawn; one was returned to the President at the end of the first session; and 37 were returned to him at the end of the second session of the 108th Congress. For those nominations that were confirmed, an average of 98 days elapsed between the time of the nomination and the nomination’s receipt and confirmation. The median number of days elapsed was 83. These statistics do not include the days during which the Senate was adjourned for its August recesses and between sessions of Congress.
President Bush made a total of 18 recess appointments to the departments during this time. Of those 18, three were made during the recess between the first and second sessions of the 108th Congress (intersession recess appointments). The remaining 15 were made during recesses within the first or second session of the 108th Congress (intrasession 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 be updated as necessary.
During the 108th Congress, the President submitted to the Senate 166 nominations to executive department full-time positions. Of these 166 nominations, 120 were confirmed; eight were withdrawn; one was returned to the President at the end of the first session; and 37 were returned to him at the end of the second session of the 108th Congress. For those nominations that were confirmed, an average of 98 days elapsed between the time of the nomination and the nomination's receipt and confirmation. The median number of days elapsed was 83. These statistics do not include the days during which the Senate was adjourned for its August recesses and between sessions of Congress.
President Bush made a total of 18 recess appointments to the departments during this time. Of those 18, three were made during the recess between the first and second sessions of the 108th Congress (intersession recess appointments). The remaining 15 were made during recesses within the first or second session of the 108th Congress (intrasession 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 be updated as necessary.
This report provides an overview of the process for filling positions to which the President makes appointments with the advice and consent of the Senate (PAS positions). It also specifies, for the 108th Congress, all nominations to full-time positions1 in the 15 executive departments, including the then-new Department of Homeland Security, which came into existence on January 24, 2003.2 A profile of each department identifies full-time positions requiring Senate confirmation and, if applicable, their pay levels. The profiles also track nominations to these positions during the 108th Congress, providing information on Senate activity (i.e., confirmations, rejections (of which there were none), returns to the President, and elapsed time between nomination and confirmation) as well as further related presidential activity (i.e., withdrawals and recess appointments).
The President and the Senate share the power to appoint the principal officers of the United States.3 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.4 Three distinct stages mark the appointment process: selection, clearance, and nomination by the President; consideration by the Senate; and appointment by the President.
In the first stage, the White House selects and clears a nominee before sending the 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, may have input during this process. It could be 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.5 As a practical matter, in general, a nomination is likely to fare better if the Administration has first consulted Senators on the committee of jurisdiction.
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 background investigations conducted by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Government Ethics (OGE), and an ethics official for the agency to which the candidate is to be appointed. If conflicts are found during the background check, OGE and the agency ethics officer may work with the candidate to mitigate the conflicts. Once the 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 is often the longest part of the appointment process. There can be lengthy delays, particularly if many candidates are being processed, as they are at the beginning of an Administration, or if conflicts need to be resolved. Candidates for higher-level positions are often accorded priority in this process. 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 length 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 positions located within a state (e.g., U.S. attorney, U.S. marshal, and U.S. district judge), the President, by custom, normally nominates an individual recommended by the Senator or Senators (if they are from the same party as the President) from that state. If neither Senator is from the President's party, he usually defers to the recommendations of party leaders from the state. Occasionally, the President solicits recommendations from Senators of the opposition party because of their positions in the Senate. Before making a nomination to a federal position at the state or national level, the President must consider how it will fare in the confirmation process.
A nominee has no legal authority to assume the duties and responsibilities of the position; the authority comes with Senate confirmation and presidential appointment. A nominee who is hired 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 may give the nominee a recess appointment to the position (see below). Recess appointments may have political consequences, however, particularly if Senators perceive that an appointment is an effort to circumvent their constitutional role. Some Senate-confirmed positions, such as many of those in the executive departments, may also be temporarily filled under the Vacancies Act.9
In the confirmation or second stage, the Senate alone determines whether or not to confirm a nomination.10 The way the Senate acts on a nomination depends largely on the importance of the position involved, existing political circumstances, and policy implications. Generally, the Senate shows particular interest in the nominee's views and how they are likely to affect public policy.11 Two other factors may also affect the scrutiny with which a nominee's personal and professional qualities are examined: whether or not the President's party controls the Senate and the degree to which the President becomes involved in supporting the nomination.
The Senate confirmation process is centered at the committee level. Committee nomination activity generally includes investigation, hearing, and reporting stages. As part of investigatory work, committees may draw on information provided by the White House as well as information collected by the committees. 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 if confirmation is thought to be a virtual certainty, hearings may provide Senators and the nominee with an opportunity to go on the record with particular views or commitments. Senators may use hearings to explore a nominee's qualifications, articulate a policy perspective, or raise related oversight issues. Some committees hold hearings on nearly all nominations; others hold hearings for only some.
The 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, does a rejection occur on the Senate floor. Nearly all rejections occur in committee, either by committee vote or by committee inaction. Rejections in committee occur for a variety of reasons, including opposition to the nomination, inadequate amount of time for consideration of the nomination, or factors that may have nothing to do with the merits of the nomination. 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
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. Once the appointee is given the commission and sworn in, he or she has full authority to carry out the responsibilities of the office.
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 Congress. Appendix C provides a table showing the dates of the Senate recesses for the 108th Congress and the number of recess appointments during each recess.
Presidents have occasionally used the recess appointment power to circumvent the confirmation process. In response, Congress has placed restrictions on the President's authority to make a recess appointment. Under 5 U.S.C. § 5503(a), 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. 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. 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.15 Section 5503 of Title 5 has been interpreted by the Department of Justice to preclude payment of an appointee who is given successive recess appointments to the same position.16
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.17
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 1998,18 when an executive agency position requiring confirmation becomes vacant, it may be filled temporarily in one of three ways: (1) the first assistant to such a position may automatically assume the functions and duties of the office; (2) the President may direct an officer in any agency who is occupying a position requiring Senate confirmation to perform those tasks; or (3) the President may select any officer or employee of the subject agency who is occupying a position for which the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level, and who has been with the agency for at least 90 of the preceding 365 days. The temporary appointment is for 210 days, but the time restriction is suspended if a first or second nomination for the position is pending. In addition, during a presidential transition, the 210-day restriction period does not begin to run until either 90 days after the President assumes office, or 90 days after the vacancy occurs, if it is within the 90-day inauguration period. The act does not apply to positions on multi-headed regulatory boards and commissions and to certain other specific positions that may be filled temporarily under other statutory provisions.19
During the 108th Congress, the President submitted to the Senate 166 nominations to executive department full-time positions. These include the initial nominations to the newly created Department of Homeland Security, which came into existence at the beginning of the 108th Congress, on January 24, 2003.20 Of these 166 nominations, 120 were confirmed; eight were withdrawn; one was returned to the President at the end of the first session; and 37 were returned to him at the end of the second session of the 108th Congress.
President Bush made a total of 18 recess appointments to the departments during this time. Of those 18, three were made during the recess between the first and second sessions of the 108th Congress (intersession recess appointments). The remaining 15 were made during recesses within the first or second session of the 108th Congress (intrasession recess appointments). Table 1 summarizes this appointment activity.
Table 1. Appointment Action for 15 Departments During the 108th Congress
|
Positions in the 15 departments (total) |
360 |
|||
|
Positions to which nominations were made |
142 |
|||
|
Individual nominees |
145 |
|||
|
Nominations submitted to the Senate during the 108th Congress (total) |
166 |
|||
|
Disposition of nominations |
||||
|
Confirmed by the Senate |
120 |
|||
|
Withdrawn |
8 |
|||
|
Returned (total) |
38 |
|||
|
Beginning of the August 2003 recess |
0 |
|||
|
End of the 1st session of the 108th Congress |
1 |
|||
|
Beginning of the August 2004 recess |
0 |
|||
|
End of the 2nd session of the 108th Congress |
37 |
|||
|
Recess Appointments (total) |
18 |
|||
|
Intersession |
3 |
|||
|
Intrasession |
15 |
|||
The length of time a given nomination may be pending in the Senate varies widely. Some nominations are confirmed within a few days; others may not be confirmed for several months; and some are never confirmed. This report provides, for each executive department nomination that was confirmed in the 108th Congress, the number of days between nomination and confirmation ("days to confirm"). These counts exclude days during August 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.21 The 31 days during the August 2003 recess, the 41 days between the first and second sessions of the 108th Congress, and the 46 days during the August 2004 recess were subtracted from the "days to confirm" for those nominations that spanned one or more of these recesses. The sole exception was a 35-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.
Each of the 15 executive department profiles provided in this report is organized into two parts: a table identifying full-time PAS positions22 and associated pay levels23 as of the end of the 108th Congress, and a table listing nominations and appointments to these positions during the 108th Congress. Data for these tables were collected from several authoritative sources.24
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 nominees 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).
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.
Appendix A presents a table of all nominations and recess appointments to positions in executive departments, alphabetically organized and following a similar format to that of the department appointment action tables. It identifies the agency involved and the dates of nomination and confirmation. The table also indicates if a nomination was confirmed, withdrawn, 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 108th Congress and the number of recess appointments during each recess.
A list of department abbreviations can be found in Appendix D.
Full-time PAS Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. The position of Assistant Secretary - Civil Rights in the Department of Agriculture was established by P.L. 107-171, § 10704 (116 Stat. 518), and filled for the first time during the 108th Congress, as shown below.
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for 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. App. § 3(b)).
USDA Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Thomas C. Dorr |
Under Secy. - Rural Development |
01/09/03 |
Returned 12/08/04a |
|
|
Vernon B. Parker |
Asst. Secy. - Civil Rights |
01/14/03 |
03/27/03 |
72 |
|
Michael J. Harrison |
Asst. Secy. - Administration |
09/15/04 |
11/21/04 |
67 |
|
Mean number of days to confirm a nomination |
70 |
|||
|
Median number of days to confirm a nomination |
70 |
|||
Full-time PAS Positions, as of the End of the 108th Congress
|
Positiona |
Pay level |
|
Secretary |
I |
a. Does not include positions in the officer corps of the National Oceanic and Atmospheric Administration (NOAA).
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
c. The position of Assistant Secretary - Manufacturing and Services was formerly the Assistant Secretary - Trade Development.
d. The position of Assistant Secretary - Trade Promotion /Director General - U.S. and Foreign Commercial Service was formerly the Assistant Secretary/Director General - U.S. and Foreign Commercial Service.
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. App. § 3(b)).
f. According to an agency spokesperson, this position has not been filled since 1996, and there are currently no plans to fill it.
DOC Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
James J. Jochum |
Asst. Secy. - Import Administration |
04/09/03 |
08/01/03 |
114 |
|
Julie L. Myers |
Asst. Secy. - Export Enforcement |
06/25/03 |
10/17/03 |
83 |
|
Peter Lichtenbaum |
Asst. Secy. - Export Administration |
07/22/03 |
10/17/03 |
56 |
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
10/14/03 |
11/21/04 |
317 |
|
Rhonda Keenum |
Asst. Secy. - Trade Promotion/Dir. Gen. - U.S. and Foreign Commercial Service |
12/09/03 |
04/08/04 |
80 |
|
Theodore W. Kassinger |
Deputy Secretary |
02/26/04 |
11/21/04 |
223 |
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
03/22/04 |
11/21/04 |
198 |
|
Benjamin H. Wu |
Asst. Secy. - Technology Policy |
04/08/04 |
11/21/04 |
181 |
|
Brett T. Palmer |
Asst. Secy. - Legislative and Governmental Affairs |
05/11/04 |
11/21/04 |
148 |
|
Albert A. Frink Jr. |
Asst. Secy. - Manufacturing and Services |
06/17/04 |
11/21/04 |
111 |
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
Recess Appointment 07/02/04a |
||
|
Theodore W. Kassinger |
Deputy Secretary |
Recess Appointment 07/02/04a |
||
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
07/19/04 |
Returned 12/08/04b |
|
|
Theodore W. Kassinger |
Deputy Secretary |
07/19/04 |
Returned 12/08/04b |
|
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
Recess Appointment 08/02/04a |
||
|
Albert A. Frink Jr. |
Asst. Secy. - Manufacturing and Services |
Recess Appointment 08/02/04a |
||
|
Albert A. Frink Jr. |
Asst. Secy. - Manufacturing and Services |
09/10/04 |
Returned 12/08/04b |
|
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
09/10/04 |
Returned 12/08/04b |
|
|
Mean number of days to confirm a nomination |
151 |
|||
|
Median number of days to confirm a nomination |
131 |
|||
a. These four recess appointments of Gallagher, Kassinger, Dudas, and Frink would have expired at the end of the first session of the 109th Congress. By that time, however, each appointee had been confirmed by the Senate, as shown above.
b. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
|
Department of the Air Force |
|
|
Department of the Army |
|
|
Department of the Navy |
|
|
Joint Chiefs of Staffe |
(Members of the Joint Chiefs of Staff are compensated under the military pay system, rather than the executive schedule.) |
a. The position of Under Secretary - Intelligence in the Department of Defense was established by P.L. 107-314, Title IX, Subtitle A, § 901(a)(2) (116 Stat. 2619), and filled for the first time during the 108th Congress, as shown below.
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
c. The position of Assistant Secretary - Homeland Defense in the Department of Defense was established by P.L. 107-314, Title IX, Subtitle A, § 902(a) (116 Stat. 2620), and filled for the first time in the 108th Congress, as shown below.
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. App. § 3(b)).
e. The chairman and vice chairman serve two-year terms; other members serve four-year terms.
DOD Appointment Action During the 108th Congress
|
Nominee |
Positions |
Nominated |
Confirmed |
Days to confirm |
|
Paul McHale |
Asst. Secy. - Homeland Defense |
01/09/03 |
02/04/03 |
26 |
|
Christopher R. Henry |
Deputy Under Secy. - Policy |
01/09/03 |
02/04/03 |
26 |
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
01/22/03 |
Returned 12/08/04a |
|
|
Steven A. Cambone |
Under Secy. - Intelligence |
02/04/03 |
03/07/03 |
31 |
|
Thomas W. O'Connell |
Asst. Secy. - Special Operations and Low-Intensity Conflict |
05/01/03 |
07/21/03 |
81 |
|
James G. Roche |
Secretary - Army |
07/07/03 |
Withdrawn 04/08/04 |
|
|
Gordon England |
Secretary - Navy |
09/03/03 |
09/26/03 |
23 |
|
Michael W. Wynne |
Under Secy. - Acquisition , Technology, and Logistics |
09/03/03 |
Returned 12/08/04a |
|
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
Recess Appointment 08/22/03b |
||
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
10/01/03 |
Returned 12/08/04a |
|
|
Francis J. Harvey |
Asst. Secy. - Command, Control, Communications, and Intelligence |
11/06/03 |
Withdrawn 09/15/04 |
|
|
Lawrence T. Di Rita |
Asst. Secy. - Public Affairs |
11/21/03 |
Withdrawn 11/16/04 |
|
|
Jaymie Alan Durnan |
Asst. Secy. - Army - Installations and Environment |
11/21/03 |
Withdrawn 02/23/04 |
|
|
John J. Young Jr. |
Principal Deputy Under Secy. - Acquisition, Technology, and Logistics |
01/23/04 |
Returned 12/08/04a |
|
|
Dionel M. Aviles |
Under Secy. - Navy |
02/06/04 |
09/28/04 |
189 |
|
Tina W. Jonas |
Under Secy. - Comptroller |
03/11/04 |
07/22/04 |
133 |
|
Peter C. W. Flory |
Asst. Secy. - International Security Policy |
06/01/04 |
Returned 12/08/04a |
|
|
Valerie L. Baldwin |
Asst. Secy. - Army - Financial Management/Comptroller |
07/08/04 |
07/22/04 |
14 |
|
Raymond F. DuBois |
Deputy Under Secy. - Logistics and Materiel Readiness |
09/08/04 |
Returned 12/08/04a |
|
|
Richard Greco Jr. |
Asst. Secy. - Navy - Financial Management/Comptroller |
09/13/04 |
10/10/04 |
27 |
|
Francis J. Harvey |
Secretary - Army |
09/15/04 |
11/16/04 |
62 |
|
Buddie J. Penn |
Asst. Secy. - Navy - Installations and Environment |
09/23/04 |
Returned 12/08/04a |
|
|
Mean number of days to confirm a nomination |
61 |
|||
|
Median number of days to confirm a nomination |
29 |
|||
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. The position of Director, Institute of Education Sciences was established by P.L. 107-279, § 114 (116 Stat. 1946). As permitted by this provision, the President, alone, appointed the last Assistant Secretary for Educational Research and Improvement to serve as the first Director. Subsequent Directors must be appointed by the President with the advice and consent of the Senate. The position has a six-year term and specified qualifications. P.L. 107-279, § 402 (116 Stat. 1984-1985) eliminated the position of Assistant Secretary for Educational Research and Improvement.
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
c. Position has a six-year term and specified qualifications. See 20 U.S.C. § 9517(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)).
ED Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to confirm |
|
Gerald Reynolds |
Asst. Secy. - Civil Rights |
01/09/03 |
Returned 12/08/04a |
|
|
Karen Johnson |
Asst. Secy. - Legislation and Congressional Affairs |
01/21/03 |
05/23/03 |
122 |
|
Robert Lerner |
Commissioner of Education Statistics |
06/03/03 |
Returned 12/08/04a |
|
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
09/22/03 |
01/26/04 |
85 |
|
Susan K. Sclafani |
Asst. Secy. - Vocational and Adult Education |
10/29/03 |
01/26/04 |
48 |
|
Robert Lerner |
Commissioner of Education Statistics |
Recess Appointment 12/23/03b |
||
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
Recess Appointment 12/23/03c |
||
|
Robert Lerner |
Commissioner of Education Statistics |
01/21/04 |
Returned 12/08/04a |
|
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
01/21/04 |
Returned 12/08/04a |
|
|
Eugene Hickok |
Deputy Secretary |
01/28/04 |
Returned 12/08/04a |
|
|
Edward R. McPherson |
Under Secretary |
02/26/04 |
11/21/04 |
223d |
|
Eugene Hickok |
Deputy Secretary |
Recess Appointment 04/16/04e |
||
|
Edward R. McPherson |
Under Secretary |
Recess Appointment 04/18/04e |
||
|
Eugene Hickok |
Deputy Secretary |
05/13/04 |
11/21/04 |
146 |
|
Edward R. McPherson |
Under Secretary |
05/13/04 |
11/21/04 |
|
|
John H. Hager |
Asst. Secy. - Special Education and Rehabilitative Services |
06/01/04 |
11/21/04 |
127 |
|
Mean number of days to confirm a nomination |
125 |
|||
|
Median number of days to confirm a nomination |
125 |
|||
a. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
b. Lerner's recess appointment expired at the end of the second session of the 108th Congress.
c. The recess appointment of Simon would have expired at the end of the second session of the 108th Congress, by which time he had been confirmed, as shown above.
d. President Bush submitted two nominations of McPherson to be Under Secretary. Usually when two or more identical nominations are submitted and the nominee is confirmed, one nomination is documented as confirmed and the others are returned to the President. In this case, both nominations were shown, in the LIS database, as confirmed. The elapsed time (days to confirm) for the first nomination was used in the calculation of the mean and the median.
e. The recess appointments of McPherson and Hickok would have expired at the end of the first session of the 109th Congress, by which time both had been confirmed to their respective positions, as shown above.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. The position of Principal Deputy Administrator - NNSA in the Department of Energy was established by P.L. 107-107, Division C, Title XXXI, § 3141 (115 Stat. 1369), and filled for the first time during the 108th Congress, as shown below.
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for 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)).
DOE Appointment Action During 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Linton F. Brooks |
Under Secy. - Nuclear Security/ Administrator - NNSAa |
02/04/03 |
05/01/03 |
86 |
|
Paul M. Longsworth |
Deputy Admin. - Defense Nuclear Nonproliferation, NNSAa |
04/28/03 |
07/21/03 |
84 |
|
Rick A. Dearborn |
Asst. Secy. - Congressional and Intergovernmental Affairs |
06/26/03 |
10/03/03 |
68 |
|
Susan J. Grant |
Chief Financial Officer |
10/14/03 |
12/08/04 |
334 |
|
Jerald S. Paul |
Principal Deputy Admin. - NNSAa |
02/03/04 |
07/22/04 |
170 |
|
Karen A. Harbert |
Asst. Secy. - International Affairs and Domestic Policy |
07/22/04 |
12/08/04 |
93 |
|
John S. Shaw |
Asst. Secy. - Environment, Safety, and Health |
07/22/04 |
12/08/04 |
93 |
|
Susan J. Grant |
Chief Financial Officer |
Recess Appointment 08/02/04b |
||
|
Susan J. Grant |
Chief Financial Officer |
09/10/04 |
Returned 12/08/04c |
|
|
Mean number of days to confirm a nomination |
133 |
|||
|
Median number of days to confirm a nomination |
93 |
|||
a. NNSA: National Nuclear Security Administration
b. Grant's recess appointment would have expired at the end of the first session of the 109th Congress, by which time she had been confirmed, as shown.
c. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that positions have been combined as noted in the table.
b. The Assistant Secretary for Health is compensated as a commissioned officer at Level 0-10 (37 U.S.C. § 201).
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. Position has a four-year term; a Director may serve more than one term. See 25 U.S.C. § 1661(a).
e. Position has a four-year term and specified qualifications. See 42 U.S.C. § 205.
f. The Surgeon General is compensated as a commissioned officer at Level 0-9 (37 U.S.C. § 201).
HHS Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Charles W. Grim |
Director - Indian Health Services |
03/27/03 |
07/16/03 |
111 |
|
Kerry N. Weems |
Asst. Secy.- Budget, Technology, and Finance |
07/22/03 |
Withdrawn 09/04/03 |
|
|
Cristina Beato |
Asst. Secy. - Public Health and Science |
07/30/03 |
Returned 12/08/04a |
|
|
Jennifer Young |
Asst. Secy. - Legislation |
09/03/03 |
12/08/03 |
96 |
|
Michael O'Grady |
Asst. Secy. - Planning and Evaluation |
09/08/03 |
12/08/03 |
91 |
|
Daniel R. Levinson |
Inspector General |
07/19/04 |
Returned 12/08/04a |
|
|
Mean number of days to confirm a nomination |
99 |
|||
|
Median number of days to confirm a nomination |
96 |
|||
Full-time Positions, as of the End of the 108th Congressa
|
Positionb |
Pay level |
|
Secretary |
I |
a. The Homeland Security Act of 2002, P.L. 107-296, § 103 (116 Stat. 2135) established the Department of Homeland Security, and the first new appointments to positions in the department were made during the 108th Congress.
b. 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 four positions in use at the end of the 108th Congress are shown.
c. The previously appointed Deputy Director of the Federal Emergency Management Agency (FEMA) (Michael Brown) was appointed as the Under Secretary for Emergency Preparedness and Response without the advice and consent of the Senate, under § 1511(c)(2) of the Homeland Security Act (116 Stat. 2309).
d. The previously appointed Commissioner of Customs (Robert Bonner) continued to serve after the transfer of his agency to the new department.
e. The Homeland Security Act established the chief financial officer (CFO) as a position to which appointments were made by the President alone (P.L. 107-296, § 103(d)(4) (116 Stat. 2145)). P.L. 108-330 (118 Stat.1275), enacted in 2004, provided that future office holders would be appointed under the process statutorily required for most other departmental CFOs. Under this process, the CFO may be appointed by the President, by and 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)).
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 previously appointed Commandant of the Coast Guard (Thomas H. Collins) continued to serve after the transfer of his agency to the new department.
h. The previously appointed U.S. Fire Administrator (R. David Paulison) continued to serve after the transfer of his agency to the new department. For a period after the effective date of the Homeland Security Act, this position was not a PAS position. During that time, Paulison continued to serve, so the change had no material effect. The position was re-established as a PAS position by P.L. 108-169, § 102 (117 Stat. 2036).
DHS Appointment Action During 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Thomas J. Ridge |
Secretary |
01/07/03 |
01/22/03 |
15 |
|
Gordon England |
Deputy Secretary |
01/07/03 |
01/30/03 |
23 |
|
Clark Kent Ervin |
Inspector General |
01/10/03 |
Returned 12/08/04a |
|
|
Asa Hutchinson |
Under Secy. - Border and Transportation Security |
01/10/03 |
01/23/03 |
13 |
|
Janet Hale |
Under Secy. - Management |
01/21/03 |
03/06/03 |
44 |
|
Charles E. McQueary |
Under Secy. - Science and Technology |
02/14/03 |
03/19/03 |
33 |
|
Edward Aguirre Jr. |
Dir.- Bureau of Citizenship and Immigration Services |
03/11/03 |
06/19/03 |
100 |
|
Michael J. Garcia |
Asst. Secy. -Bureau of Immigration and Customs Enforcement |
03/26/03 |
11/25/03 |
213 |
|
C. Stewart Verdery Jr. |
Asst. Secy. - Border and Transportation Security Policy and Planning |
04/10/03 |
06/19/03 |
70 |
|
Frank Libutti |
Under Secy. - Information Analysis and Infrastructure Protection |
04/28/03 |
06/23/03 |
56 |
|
Joe D. Whitley |
General Counsel |
04/28/03 |
07/31/03 |
94 |
|
C. Suzanne Mencer |
Dir. - Office for Domestic Preparednessb |
06/16/03 |
10/03/03 |
78 |
|
Penrose C. Albright |
Asst. Secy. - Science & Technology |
06/26/03 |
10/03/03 |
68 |
|
James M. Loy |
Deputy Secretary |
11/05/03 |
11/25/03 |
20 |
|
Clark Kent Ervin |
Inspector General |
Recess Appointment 12/23/03c |
||
|
Clark Kent Ervin |
Inspector General |
01/21/04 |
Returned 12/08/04a |
|
|
David M. Stone |
Asst. Secy. - Transportation Security Administration |
04/08/04 |
07/22/04 |
105 |
|
Mean number of days to confirm a nomination |
67 |
|||
|
Median number of days to confirm a nomination |
62 |
|||
a. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
b. Under a secretarial reorganization in 2004, this office was merged with the Office of State and Local Government Coordination to become the Office of State and Local Government and Preparedness (letter from Secretary Tom Ridge to Senator Joseph I. Lieberman, Jan. 26, 2004).
c. Ervin's recess appointment expired at the end of the second session of the 108th Congress.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. Position has a five-year term and specified qualifications. See 12 U.S.C. § 4512.
b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for 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)).
HUD Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Steven B. Nesmith |
Asst. Secy. - Congressional and Intergovernmental Relations |
04/07/03 |
05/22/03 |
45 |
|
Mark C. Brickell |
Director - Office of Federal Housing Enterprise Oversight |
06/12/03 |
Withdrawn 01/21/04 |
|
|
Alphonso R. Jackson |
Secretary |
01/28/04 |
03/31/04 |
63 |
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
02/11/04 |
11/21/04 |
238 |
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
02/11/04 |
11/21/04 |
238 |
|
Romolo A. Bernardi |
Deputy Secretary |
03/11/04 |
11/21/04 |
209 |
|
Romolo A. Bernardi |
Deputy Secretary |
Recess appointment 05/28/04a |
||
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
Recess appointment 05/28/04a |
||
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
Recess appointment 05/28/04a |
||
|
Carin M. Barth |
Chief Financial Officer |
06/01/04 |
11/21/04 |
127 |
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
06/24/04 |
Returned 12/08/04b |
|
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
06/24/04 |
Returned 12/08/04b |
|
|
Romolo A. Bernardi |
Deputy Secretary |
06/24/04 |
Returned 12/08/04b |
|
|
Carin M. Barth |
Chief Financial Officer |
Recess appointment 08/02/04a |
||
|
Carin M. Barth |
Chief Financial Officer |
09/10/04 |
Returned 12/08/04b |
|
|
Pamela H. Patenaude |
Asst. Secy. - Community Planning and Development |
09/15/04 |
Returned 12/08/04b |
|
|
Mean number of days to confirm a nomination |
153 |
|||
|
Median number of days to confirm a nomination |
168 |
|||
a. The recess appointments of Bernardi, MacFarlane, Shea, and Barth would have expired at the end of the first session of the 109th Congress, by which time each of the nominees had been confirmed.
b. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
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 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. Position has a three-year term, specified qualifications, and limitations on the President's removal power. 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. Position (provided for at 25 U.S.C. § 1) has been vacant since 1981.
DOI Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Ross O. Swimmer |
Special Trustee for American Indians |
02/04/03 |
04/10/03 |
65 |
|
David W. Anderson |
Asst. Secy. - Indian Affairs |
09/15/03 |
12/09/03 |
85 |
|
Sue Ellen Wooldridge |
Solicitor |
02/02/04 |
11/21/04 |
247 |
|
Sue Ellen Wooldridge |
Solicitor |
Recess appointment 05/28/04a |
||
|
Sue Ellen Wooldridge |
Solicitor |
06/24/04 |
Returned 12/08/04b |
|
|
Mean number of days to confirm a nomination |
132 |
|||
|
Median number of days to confirm a nomination |
85 |
|||
a. Wooldridge's recess appointment would have expired at the end of the first session of the 109th Congress, by which time she had been confirmed, as shown above.
b. Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
Full-time Positions, as of the End of the 108th Congress
|
Positiona |
Pay level |
|
Attorney General |
I |
a. Does not include positions of U.S. Attorney and U.S. Marshal. The position of chief financial officer (CFO) is also not listed here. Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed CFOs for all of the major executive branch agencies (31 U.S.C. § 901(a)(1)), this provision is superseded by 28 U.S.C. § 507. The latter section provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice.
b. Position has a 10-year term. See 28 U.S.C. § 532 note.
c. The Homeland Security Act of 2002 (P.L. 107-296) transferred, in early 2003, the law enforcement functions of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from the Department of the Treasury to the Department of Justice (Subtitle B, 116 Stat. 2274).
d. 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. 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)).
h. The position of Director of the Violence Against Women Office in the Department of Justice was established by P.L. 107-273, Title IV, § 402 (116 Stat. 1789), and filled for the first time during the 108th Congress, as shown below.
DOJ Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Diane M. Stuart |
Director - Violence Against Women Office |
03/05/03 |
07/31/03 |
148 |
|
R. Hewitt Pate |
Asst. Atty. General - Antitrust Division |
03/13/03 |
06/13/03 |
92 |
|
William E. Moschella |
Asst. Atty. General - Legislative Affairs |
04/02/03 |
05/09/03 |
37 |
|
Robert D. McCallum Jr. |
Associate Attorney General |
04/07/03 |
06/27/03 |
81 |
|
Peter D. Keisler |
Asst. Atty. General - Civil Division |
04/10/03 |
06/05/03 |
56 |
|
Karen P. Tandy |
Admin. - Drug Enforcement |
06/02/03 |
07/31/03 |
59 |
|
Jack L. Goldsmith III |
Asst. Atty. General - Office of Legal Counsel |
06/09/03 |
10/03/03 |
85 |
|
Christopher A. Wray |
Asst. Atty. General - Criminal Division |
06/09/03 |
09/11/03 |
63 |
|
Rene Acosta |
Asst. Atty. General - Civil Rights Division |
06/26/03 |
08/01/03 |
36 |
|
Daniel J. Bryant |
Asst. Atty. General - Office of Legal Policy |
07/08/03 |
10/03/03 |
31 |
|
Domingo S. Herraiz |
Director - Bureau of Justice Assistance |
09/08/03 |
03/08/04 |
141 |
|
Michele M. Leonhart |
Deputy Admin. - Drug Enforcement |
10/03/03 |
03/08/04 |
116 |
|
James B. Comey |
Deputy Attorney General |
10/17/03 |
12/09/03 |
53 |
|
William Sanchez |
Special Counsel - Immigration-Related Unfair Employment Practices |
06/01/04 |
12/08/04 |
144 |
|
Alberto R. Gonzalez |
Attorney General |
11/16/04 |
Returned 12/08/04a |
|
|
Mean number of days to confirm a nomination |
82 |
|||
|
Median number of days to confirm a nomination |
72 |
|||
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
b. 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. Ungraded senior level position with a salary maximum equal to Executive Schedule Level IV.
DOL Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Howard Radzely |
Solicitor |
05/06/03 |
12/09/03 |
186 |
|
Steven J. Law |
Deputy Secretary |
11/07/03 |
12/09/03 |
32 |
|
Lisa Kruska |
Asst. Secy. - Office of Public Affairs |
12/09/03 |
11/21/04 |
261 |
|
Veronica V. Stidvent |
Asst. Secy. - Policy |
06/01/04 |
12/08/04 |
144 |
|
Mean number of days to confirm a nomination |
156 |
|||
|
Median number of days to confirm a nomination |
165 |
|||
Full-time Positions, as of the End of the 108th Congress
|
Positiona |
Pay level |
|
Secretary |
I |
|
International Organizations |
|
a. Does not include chiefs of mission in overseas posts.
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. 2762A96), enacted Dec. 21, 2000. This position has never been filled.
c. The position of Director - Office to Monitor and Combat Trafficking in Persons in the Department of State was established by P.L. 106-386, Division A, § 105 (e) (114 Stat. 1474), enacted Oct. 28, 2000. It became an advice and consent position with P.L. 108-193, § 6 (b)(1) (117 Stat. 2881), enacted Dec. 19, 2003.
d. The position of Coordinator of United States Government Activities to Combat HIV/AIDS Globally (called U.S. Global AIDS Coordinator) in the Department of State was established by P.L. 108-25 § 102 (117 Stat. 721), and filled for the first time during the 108th Congress, as shown below.
e. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for 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 chief financial officer and Assistant Secretary for Resource Management.
f. By law, incumbent must be a current or former career senior foreign service officer (22 U.S.C. § 3928).
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. Senior Foreign Service - political appointment on a career track.
DOS Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Grant S. Green Jr. |
Dep. Secy. - Management and Resources |
01/09/03 |
Returned 12/08/04a |
|
|
Roger F. Noriega |
Asst. Secy. - Western Hemisphere Affairs |
03/24/03 |
07/29/03 |
127 |
|
John F. Maisto |
U.S. Rep. - Organization of American States |
04/02/03 |
06/27/03 |
86 |
|
Robert B. Charles |
Asst. Secy. - International Narcotics and Law Enforcement |
07/15/03 |
10/03/03 |
49 |
|
W. Robert Pearson |
Director General - Foreign Service |
09/15/03 |
10/03/03 |
18 |
|
Randall L. Tobias |
Coordinator - U.S. Global AIDS |
09/15/03 |
10/03/03 |
18 |
|
Margaret D. Tutwiler |
Under Secy. - Public Diplomacy and Public Affairs |
10/14/03 |
12/09/03 |
56 |
|
Stuart W. Holliday |
U. S. Alt. Rep. - Special Political Affairs in the United Nations |
10/16/03 |
12/09/03 |
54 |
|
Constance B. Newman |
Asst. Secy. - African Affairs |
03/22/04 |
06/03/04 |
73 |
|
Thomas Fingar |
Asst. Secy. - Intelligence and Research |
04/19/04 |
07/21/04 |
93 |
|
John C. Danforth |
U.S. Rep. - United Nations |
06/14/04 |
06/24/04 |
10 |
|
John R. Miller |
Ambassador-at-Large/Dir. - Office to Monitor and Combat Trafficking |
06/17/04 |
07/22/04 |
35 |
|
Howard J. Krongard |
Inspector General |
09/08/04 |
Returned 12/08/04a |
|
|
Mean number of days to confirm a nomination |
56 |
|||
|
Median number of days to confirm a nomination |
54 |
|||
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. The position of Under Secretary - Policy in the Department of Transportation was established by P.L. 107-295, § 215 (116 Stat. 2101), and filled for the first time during the 108th Congress, as shown below. P.L. 107-295, § 215 also abolished the position of Associate Deputy Secretary.
b. Position has a five-year term and specified qualifications. See 49 U.S.C. § 106.
c. Position has a seven-year term. See 33 U.S.C. § 982(a).
d. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
e. 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)).
DOT Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
Emil H. Frankel |
Asst. Secy. - Transportation Policy |
01/09/03 |
03/19/03 |
69 |
|
Jeffrey Shane |
Associate Deputy Secretary |
01/09/03 |
Withdrawn 02/11/03 |
|
|
Robert A. Sturgell |
Dep. Admin. - Federal Aviation Administration |
01/15/03 |
03/19/03 |
63 |
|
Jeffrey Shane |
Under Secy. - Policy |
02/11/03 |
03/19/03 |
36 |
|
Annette Sandberg |
Admin. - Federal Motor Carrier Safety Administration |
03/24/03 |
07/31/03 |
129 |
|
Nicole R. Nason |
Asst. Secy. - Governmental Affairs |
05/14/03 |
07/23/03 |
70 |
|
Karan K. Bhatia |
Asst. Secy. - Aviation and International Affairs Administration |
09/03/03 |
12/09/03 |
97 |
|
Kirk Van Tine |
Deputy Secretary |
09/18/03 |
Returned 12/09/03a |
|
|
Jeffrey A. Rosen |
General Counsel |
10/03/03 |
12/09/03 |
67 |
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
11/25/03 |
05/21/04 |
137 |
|
Kirk Van Tine |
Deputy Secretary |
01/26/04 |
Returned 12/08/04b |
|
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
Recess Appointment 04/16/04c |
||
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
05/13/04 |
Returned 12/08/04b |
|
|
Kirk Van Tine |
Deputy Secretary |
Recess Appointment 05/28/04c |
||
|
Kirk Van Tine |
Deputy Secretary |
06/24/04 |
Returned 12/08/04b |
|
|
Mean number of days to confirm a nomination |
84 |
|||
|
Median number of days to confirm a nomination |
70 |
|||
a. Returned to the President at the end of the first session of the 108th Congress 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 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
c. Recess appointments would have expired at the end of the first session of the 109th Congress. By this time, Combs had been confirmed, as shown above, and Van Tine had left office.
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. Position has a five-year term and specified qualifications. See 26 U.S.C. § 7803(a)(1).
b. Position has a five-year term, and a limitation on the President's removal power. See 12 U.S.C. § 2.
c. 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 Levey, continued to serve.
e. The position of Assistant Secretary for Intelligence and Analysis was established by P.L. 108-177, § 105 (117 Stat. 2603), but it had not been filled by the end of the 108th Congress.
f. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)).
g. The position of Assistant Secretary for Terrorist Financing was initially created administratively, in early 2004, as a successor position to the Assistant Secretary for Enforcement. As shown below, Juan C. Zarate was nominated and confirmed for this position. P.L. 108-447 established the Assistant Secretary for Terrorist Financing as a distinct position with responsibility for "formulating and coordinating the counter-terrorist financing and anti-money laundering efforts of the Department of the Treasury..." [Div. H, Title II, § 222(a), 118 Stat. 3242].
h. 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)).
i. Position has a five-year term and a limitation on the President's removal power. See 31 U.S.C. § 304.
j. Ungraded senior level position with a base pay maximum at a rate equal to Executive Schedule Level IV, but base plus locality maximum is Executive Schedule Level III.
TREA Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
John W. Snow |
Secretary |
01/13/03 |
01/30/03 |
17 |
|
Mark W. Everson |
Commissioner of Internal Revenue |
01/22/03 |
05/01/03 |
99 |
|
Teresa M. Ressel |
Asst. Secy. - Management |
04/02/03 |
08/01/03 |
121 |
|
Robert S. Nichols |
Asst. Secy. - Public Affairs and Public Liaison |
04/10/03 |
08/01/03 |
113 |
|
Susan C. Schwab |
Deputy Secretary |
07/17/03 |
Withdrawn 12/09/03 |
|
|
Arnold I. Havens |
General Counsel |
10/29/03 |
12/09/03 |
41 |
|
J. Russell George |
Inspector General for Tax Administration |
11/19/03 |
11/21/04 |
281 |
|
Mark J. Warshawsky |
Asst. Secy. - Economic Policy |
11/25/03 |
03/12/04 |
67 |
|
Samuel W. Bodman |
Deputy Secretary |
12/09/03 |
02/12/04 |
24 |
|
Donald Korb |
Chief Counsel - IRS/Assistant General Counsel - Tax |
12/09/03 |
04/08/04 |
80 |
|
Brian C. Roseboro |
Under Secy. - Domestic Finance |
12/09/03 |
04/08/04 |
80 |
|
Juan C. Zarate |
Asst. Secy. - Terrorist Financing |
03/11/04 |
07/21/04 |
132 |
|
Stuart Levey |
Under Secy. - Enforcement |
04/08/04 |
07/21/04 |
104 |
|
Timothy S. Bitsberger |
Asst. Secy. - Financial Markets |
05/11/04 |
11/21/04 |
148 |
|
Gregory F. Jenner |
Asst. Secy. - Tax Policy |
07/22/04 |
Returned 12/08/04a |
|
|
Anna E. Cabral |
Treasurer of the United States |
07/22/04 |
11/21/04 |
43 |
|
Jesus H. Delgado-Jenkins |
Asst. Secy. - Management |
09/20/04 |
Returned 12/08/04a |
|
|
Harold Damelin |
Inspector General |
10/07/04 |
Returned 12/08/04a |
|
|
Mean number of days to confirm a nomination |
96 |
|||
|
Median number of days to confirm a nomination |
90 |
|||
Full-time Positions, as of the End of the 108th Congress
|
Position |
Pay level |
|
Secretary |
I |
a. Position has a four-year term, limitations on the President's removal power, and specified qualifications. See 38 U.S.C. § 306.
b. Position has a four-year term, limitations on the President's removal power, and specified qualifications. See 38 U.S.C. § 305.
c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that positions will be combined as noted in the table.
d. Position has a six-year term, limitations on the President's removal power, and specified qualifications. 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)).
DVA Appointment Action During the 108th Congress
|
Nominee |
Position |
Nominated |
Confirmed |
Days to |
|
John W. Nicholson |
Under Secy. - Memorial Affairs |
01/09/03 |
04/11/03 |
92 |
|
Dee Ann McWilliams |
Asst. Secy. - Human Resources and Administration |
03/24/03 |
06/02/03 |
70 |
|
Cynthia R. Church |
Asst. Secy. - Public and Intergovernmental Affairs |
07/11/03 |
01/22/04 |
154 |
|
Robert N. McFarland |
Asst. Secy. - Information and Technology |
10/14/03 |
01/22/04 |
59 |
|
Gordon H. Mansfield |
Deputy Secretary |
11/03/03 |
01/22/04 |
39 |
|
Pamela M. Iovino |
Asst. Secy. - Congressional and Legislative Affairs |
01/28/04 |
11/21/04 |
252 |
|
Robert A. Pittman |
Asst. Secy. - Human Resources and Administration |
06/17/04 |
11/21/04 |
111 |
|
Mean number of days to confirm a nomination |
111 |
|||
|
Median number of days to confirm a nomination |
92 |
|||
Appendix A. Nominations and Recess Appointments, 108th Congress
|
Nominee |
Position |
Dept. |
Nomination |
Confirmation |
Days to |
|
Rene Acosta |
Asst. Atty. General - Civil Rights Division |
DOJ |
06/26/03 |
08/01/03 |
36 |
|
Edward Aguirre Jr. |
Dir. - Bureau of Citizenship and Immigration Services |
DHS |
03/11/03 |
06/19/03 |
100 |
|
Penrose C. Albright |
Asst. Secy. - Science & Technology |
DHS |
06/26/03 |
10/03/03 |
68 |
|
David W. Anderson |
Asst. Secy. - Indian Affairs |
DOI |
09/15/03 |
12/09/03 |
85 |
|
Dionel M. Aviles |
Under Secy. - Navy |
DOD |
02/06/04 |
09/28/04 |
189 |
|
Valerie L. Baldwin |
Asst. Secy. - Army - Financial Management/ Comptroller |
DOD |
07/08/04 |
07/22/04 |
14 |
|
Carin M. Barth |
Chief Financial Officer |
HUD |
06/01/04 |
11/21/04 |
127 |
|
Carin M. Barth |
Chief Financial Officer |
HUD |
Recess appointment 08/02/04 |
||
|
Carin M. Barth |
Chief Financial Officer |
HUD |
09/10/04 |
Returned 12/08/04 |
|
|
Cristina Beato |
Asst. Secy. - Public Health and Science |
HHS |
07/30/03 |
Returned 12/08/04 |
|
|
Romolo A. Bernardi |
Deputy Secretary |
HUD |
03/11/04 |
11/21/04 |
209 |
|
Romolo A. Bernardi |
Deputy Secretary |
HUD |
Recess appointment 05/28/04 |
||
|
Romolo A. Bernardi |
Deputy Secretary |
HUD |
06/24/04 |
Returned 12/08/04 |
|
|
Karan K. Bhatia |
Asst. Secy. - Aviation and International Affairs Administration |
DOT |
09/03/03 |
12/09/03 |
97 |
|
Timothy S. Bitsberger |
Asst. Secy. - Financial Markets |
TREA |
05/11/04 |
11/21/04 |
148 |
|
Samuel W. Bodman |
Deputy Secretary |
TREA |
12/09/03 |
02/12/04 |
24 |
|
Mark C. Brickell |
Director - Office of Federal Housing Enterprise Oversight |
HUD |
06/12/03 |
Withdrawn 01/21/04 |
|
|
Linton F. Brooks |
Under Secy. - Nuclear Security/Administrator National Nuclear Security Administration (NNSA) |
DOE |
02/04/03 |
05/01/03 |
86 |
|
Daniel J. Bryant |
Asst. Atty. General - Office of Legal Policy |
DOJ |
07/08/03 |
10/03/03 |
31 |
|
Anna E. Cabral |
Treasurer of the United States |
TREA |
07/22/04 |
11/21/04 |
43 |
|
Steven A. Cambone |
Under Secy. - Intelligence |
DOD |
02/04/03 |
03/07/03 |
31 |
|
Robert B. Charles |
Asst. Secy. - International Narcotics and Law Enforcement |
DOS |
07/15/03 |
10/03/03 |
49 |
|
Cynthia R. Church |
Asst. Secy. - Public and Intergovernmental Affairs |
DVA |
07/11/03 |
01/22/04 |
154 |
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
DOT |
11/25/03 |
05/21/04 |
137 |
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
DOT |
Recess Appointment 04/16/04 |
||
|
Linda M. Combs |
Asst. Secy. - Budget and Programs |
DOT |
05/13/04 |
Returned 12/08/04 |
|
|
James B. Comey |
Deputy Attorney General |
DOJ |
10/17/03 |
12/09/03 |
53 |
|
Harold Damelin |
Inspector General |
TREA |
10/07/04 |
Returned 12/08/04 |
|
|
John C. Danforth |
U.S. Rep. - United Nations |
DOS |
06/14/04 |
06/24/04 |
10 |
|
Rick A. Dearborn |
Asst. Secy. - Congressional and Intergovernmental Affairs |
DOE |
06/26/03 |
10/03/03 |
68 |
|
Jesus H. Delgado-Jenkins |
Asst. Secy. - Management |
TREA |
09/20/04 |
Returned 12/08/04 |
|
|
Lawrence T. Di Rita |
Asst. Secy. - Public Affairs |
DOD |
11/21/03 |
Withdrawn 11/16/04 |
|
|
Thomas C. Dorr |
Under Secy. - Rural Development |
USDA |
01/09/03 |
Returned 12/08/04 |
|
|
Raymond F. DuBois |
Dep. Under Secy. - Logistics and Materiel Readiness |
DOD |
09/08/04 |
Returned 12/08/04 |
|
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
DOC |
03/22/04 |
11/21/04 |
198 |
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
DOC |
Recess Appointment 08/02/04 |
||
|
Jonathan W. Dudas |
Under Secy. - Intellectual Property/ Dir. - Patent and Trademark Office |
DOC |
09/10/04 |
Returned 12/08/04 |
|
|
Jaymie Alan Durnan |
Asst. Secy. - Army -Installations and Environment |
DOD |
11/21/03 |
Withdrawn 02/23/04 |
|
|
Gordon England |
Deputy Secretary |
DHS |
01/07/03 |
01/30/03 |
23 |
|
Gordon England |
Secretary - Navy |
DOD |
09/03/03 |
09/26/03 |
23 |
|
Clark Kent Ervin |
Inspector General |
DHS |
01/10/03 |
Returned 12/08/04 |
|
|
Clark Kent Ervin |
Inspector General |
DHS |
Recess Appointment 12/23/03 |
||
|
Clark Kent Ervin |
Inspector General |
DHS |
01/21/04 |
Returned 12/08/04 |
|
|
Mark W. Everson |
Commissioner of Internal Revenue |
TREA |
01/22/03 |
05/01/03 |
99 |
|
Thomas Fingar |
Asst. Secy. - Intelligence and Research |
DOS |
04/19/04 |
07/21/04 |
93 |
|
Peter C.W. Flory |
Asst. Secy. - International Security Policy |
DOD |
06/01/04 |
Returned 12/08/04 |
|
|
Emil H. Frankel |
Asst. Secy. - Transportation Policy |
DOT |
01/09/03 |
03/19/03 |
69 |
|
Albert A. Frink Jr. |
Asst. Secy. - Trade Development |
DOC |
06/17/04 |
11/21/04 |
111 |
|
Albert A. Frink Jr. |
Asst. Secy. - Trade Development |
DOC |
Recess Appointment 08/02/04 |
||
|
Albert A. Frink Jr. |
Asst. Secy. - Trade Development |
DOC |
09/10/04 |
Returned 12/08/04 |
|
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
DOC |
10/14/03 |
11/21/04 |
317 |
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
DOC |
Recess Appointment 07/02/04 |
||
|
Michael D. Gallagher |
Asst. Secy. - Communications and Information |
DOC |
07/19/04 |
Returned 12/08/04 |
|
|
Michael J. Garcia |
Asst. Secy. -Bureau of Immigration and Customs Enforcement |
DHS |
03/26/03 |
11/25/03 |
213 |
|
J. Russell George |
Inspector General for Tax Administration |
TREA |
11/19/03 |
11/21/04 |
281 |
|
Jack L. Goldsmith III |
Asst. Atty. General - Office of Legal Counsel |
DOJ |
06/09/03 |
10/03/03 |
85 |
|
Alberto R. Gonzalez |
Attorney General |
DOJ |
11/16/04 |
Returned 12/08/04 |
|
|
Susan J. Grant |
Chief Financial Officer |
DOE |
10/14/03 |
12/08/04 |
334 |
|
Susan J. Grant |
Chief Financial Officer |
DOE |
Recess Appointment 08/02/04 |
||
|
Susan J. Grant |
Chief Financial Officer |
DOE |
09/10/04 |
Returned 12/08/04 |
|
|
Richard Greco Jr. |
Asst. Secy. - Navy - Financial Management/ Comptroller |
DOD |
09/13/04 |
10/10/04 |
27 |
|
Grant S. Green Jr. |
Dep. Secy. - Management and Resources |
DOS |
01/09/03 |
Returned 12/08/04 |
|
|
Charles W. Grim |
Director - Indian Health Services |
HHS |
03/27/03 |
07/16/03 |
111 |
|
John H. Hager |
Asst. Secy. - Special Education and Rehabilitative Services |
ED |
06/01/04 |
11/21/04 |
127 |
|
Janet Hale |
Under Secy. - Management |
DHS |
01/21/03 |
03/06/03 |
44 |
|
Karen A. Harbert |
Asst. Secy. - International Affairs and Domestic Policy |
DOE |
07/22/04 |
12/08/04 |
93 |
|
Michael J. Harrison |
Asst. Secy. - Administration |
USDA |
09/15/04 |
11/21/04 |
67 |
|
Francis J. Harvey |
Asst. Secy. - Command, Control, Communications, and Intelligence |
DOD |
11/06/03 |
Withdrawn 09/15/04 |
|
|
Francis J. Harvey |
Secretary - Army |
DOD |
09/15/04 |
11/16/04 |
62 |
|
Arnold I. Havens |
General Counsel |
TREA |
10/29/03 |
12/09/03 |
41 |
|
Christopher R. Henry |
Dep. Under Secy. - Policy |
DOD |
01/09/03 |
02/04/03 |
26 |
|
Domingo S. Herraiz |
Dir. - Bureau of Justice Assistance |
DOJ |
09/08/03 |
03/08/04 |
141 |
|
Eugene Hickok |
Deputy Secretary |
ED |
01/28/04 |
Returned 12/08/04 |
|
|
Eugene Hickok |
Deputy Secretary |
ED |
Recess Appointment 04/16/04 |
||
|
Eugene Hickok |
Deputy Secretary |
ED |
05/13/04 |
11/21/04 |
146 |
|
Stuart W. Holliday |
U.S. Alt. Rep. - Special Political Affairs in the United Nations |
DOS |
10/16/03 |
12/09/03 |
54 |
|
Asa Hutchinson |
Under Secy. - Border and Transportation Security |
DHS |
01/10/03 |
01/23/03 |
13 |
|
Pamela M. Iovino |
Asst. Secy. - Congressional and Legislative Affairs |
DVA |
01/28/04 |
11/21/04 |
252 |
|
Alphonso R. Jackson |
Secretary |
HUD |
01/28/04 |
03/31/04 |
63 |
|
Gregory F. Jenner |
Asst. Secy. - Tax Policy |
TREA |
07/22/04 |
Returned 12/08/04 |
|
|
James J. Jochum |
Asst. Secy. - Import Administration |
DOC |
04/09/03 |
08/01/03 |
114 |
|
Karen Johnson |
Asst. Secy. - Legislation and Congressional Affairs |
ED |
01/21/03 |
05/23/03 |
122 |
|
Tina W. Jonas |
Under Secy. - Comptroller |
DOD |
03/11/04 |
07/22/04 |
133 |
|
Theodore W. Kassinger |
Deputy Secretary |
DOC |
02/26/04 |
11/21/04 |
223 |
|
Theodore W. Kassinger |
Deputy Secretary |
DOC |
Recess Appointment 07/02/04 |
||
|
Theodore W. Kassinger |
Deputy Secretary |
DOC |
07/19/04 |
Returned 12/08/04 |
|
|
Rhonda Keenum |
Asst. Secy. - Trade Promotion/Director General - U.S. and Foreign Commercial Service |
DOC |
12/09/03 |
04/08/04 |
80 |
|
Peter D. Keisler |
Asst. Atty. General - Civil Division |
DOJ |
04/10/03 |
06/05/03 |
56 |
|
Donald Korb |
Chief Counsel - IRS/Assistant General Counsel - Tax |
TREA |
12/09/03 |
04/08/04 |
80 |
|
Howard J. Krongard |
Inspector General |
DOS |
09/08/04 |
Returned 12/08/04 |
|
|
Lisa Kruska |
Asst. Secy. - Office of Public Affairs |
DOL |
12/09/03 |
11/21/04 |
261 |
|
Steven J. Law |
Deputy Secretary |
DOL |
11/07/03 |
12/09/03 |
32 |
|
Michele M. Leonhart |
Dep. Admin. - Drug Enforcement |
DOJ |
10/03/03 |
03/08/04 |
116 |
|
Robert Lerner |
Commissioner of Education Statistics |
ED |
06/03/03 |
Returned 12/08/04 |
|
|
Robert Lerner |
Commissioner of Education Statistics |
ED |
Recess Appointment 12/23/03 |
||
|
Robert Lerner |
Commissioner of Education Statistics |
ED |
01/21/04 |
Returned 12/08/04 |
|
|
Stuart Levey |
Under Secy. - Enforcement |
TREA |
04/08/04 |
07/21/04 |
104 |
|
Daniel R. Levinson |
Inspector General |
HHS |
07/19/04 |
Returned 12/08/04 |
|
|
Frank Libutti |
Under Secy. - Information Analysis and Infrastructure Protection |
DHS |
04/28/03 |
06/23/03 |
56 |
|
Peter Lichtenbaum |
Asst. Secy. - Export Administration |
DOC |
07/22/03 |
10/17/03 |
56 |
|
Paul M. Longsworth |
Dep. Admin. - Defense Nuclear Nonproliferation, NNSA |
DOE |
04/28/03 |
07/21/03 |
84 |
|
James M. Loy |
Deputy Secretary |
DHS |
11/05/03 |
11/25/03 |
20 |
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
HUD |
02/11/04 |
11/21/04 |
238 |
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
HUD |
Recess appointment 05/28/04 |
||
|
Cathy M. MacFarlane |
Asst. Secy. - Public Affairs |
HUD |
06/24/04 |
Returned 12/08/04 |
|
|
John F. Maisto |
U.S. Rep. - Organization of American States |
DOS |
04/02/03 |
06/27/03 |
86 |
|
Gordon H. Mansfield |
Deputy Secretary |
DVA |
11/03/03 |
01/22/04 |
39 |
|
Robert D. McCallum Jr. |
Associate Attorney General |
DOJ |
04/07/03 |
06/27/03 |
81 |
|
Robert N. McFarland |
Asst. Secy. - Information and Technology |
DVA |
10/14/03 |
01/22/04 |
59 |
|
Paul McHale |
Asst. Secy. - Homeland Defense |
DOD |
01/09/03 |
02/04/03 |
26 |
|
Edward R. McPherson |
Under Secretary |
ED |
02/26/04 |
11/21/04 |
223 |
|
Edward R. McPherson |
Under Secretary |
ED |
Recess Appointment 04/18/04 |
||
|
Edward R. McPherson |
Under Secretary |
ED |
05/13/04 |
11/21/04 |
|
|
Charles E. McQueary |
Under Secy. - Science and Technology |
DHS |
02/14/03 |
03/19/03 |
33 |
|
Dee Ann McWilliams |
Asst. Secy. - Human Resources and Administration |
DVA |
03/24/03 |
06/02/03 |
70 |
|
C. Suzanne Mencer |
Dir. - Office for Domestic Preparedness |
DHS |
06/16/03 |
10/03/03 |
78 |
|
John R. Miller |
Ambassador-at-Large/Dir. - Office to Monitor and Combat Trafficking |
DOS |
06/17/04 |
07/22/04 |
35 |
|
William E. Moschella |
Asst. Atty. General - Legislative Affairs |
DOJ |
04/02/03 |
05/09/03 |
37 |
|
Julie L. Myers |
Asst. Secy. - Export Enforcement |
DOC |
06/25/03 |
10/17/03 |
83 |
|
Nicole R. Nason |
Asst. Secy. - Governmental Affairs |
DOT |
05/14/03 |
07/23/03 |
70 |
|
Steven B. Nesmith |
Asst. Secy. - Congressional and Intergovernmental Relations |
HUD |
04/07/03 |
05/22/03 |
45 |
|
Constance B. Newman |
Asst. Secy. - African Affairs |
DOS |
03/22/04 |
06/03/04 |
73 |
|
Robert S. Nichols |
Asst. Secy. - Public Affairs and Public Liaison |
TREA |
04/10/03 |
08/01/03 |
113 |
|
Roger F. Noriega |
Asst. Secy. - Western Hemisphere Affairs |
DOS |
03/24/03 |
07/29/03 |
127 |
|
John W. Nicholson |
Under Secy. - Memorial Affairs |
DVA |
01/09/03 |
04/11/03 |
92 |
|
Thomas W. O'Connell |
Asst. Secy. - Special Operations and Low-Intensity Conflict |
DOD |
05/01/03 |
07/21/03 |
81 |
|
Michael O'Grady |
Asst. Secy. - Planning and Evaluation |
HHS |
09/08/03 |
12/08/03 |
91 |
|
Brett T. Palmer |
Asst. Secy. - Legislative and Governmental Affairs |
DOC |
05/11/04 |
11/21/04 |
148 |
|
Vernon Bernard Parker |
Asst. Secy. - Civil Rights |
USDA |
01/14/03 |
03/27/03 |
72 |
|
R. Hewitt Pate |
Asst. Atty. General - Antitrust Division |
DOJ |
03/13/03 |
06/13/03 |
92 |
|
Pamela H. Patenaude |
Asst. Secy. - Community Planning and Development |
HUD |
09/15/04 |
Returned 12/08/04 |
|
|
Jerald S. Paul |
Principal Dep. Admin. - NNSA |
DOE |
02/03/04 |
07/22/04 |
170 |
|
W. Robert Pearson |
Dir. General - Foreign Service |
DOS |
09/15/03 |
10/03/03 |
18 |
|
Buddie J. Penn |
Asst. Secy. - Navy - Installations and Environment |
DOD |
09/23/04 |
Returned 12/08/04 |
|
|
Robert A. Pittman |
Asst. Secy. - Human Resources and Administration |
DVA |
06/17/04 |
11/21/04 |
111 |
|
Howard Radzely |
Solicitor |
DOL |
05/06/03 |
12/09/03 |
186 |
|
Teresa M. Ressel |
Asst. Secy. - Management |
TREA |
04/02/03 |
08/01/03 |
121 |
|
Gerald Reynolds |
Asst. Secy. - Civil Rights |
ED |
01/09/03 |
Returned 12/08/04 |
|
|
Thomas J. Ridge |
Secretary |
DHS |
01/07/03 |
01/22/03 |
15 |
|
James G. Roche |
Secretary - Army |
DOD |
07/07/03 |
Withdrawn 04/08/04 |
|
|
Brian C. Roseboro |
Under Secy. - Domestic Finance |
TREA |
12/09/03 |
04/08/04 |
80 |
|
Jeffrey A. Rosen |
General Counsel |
DOT |
10/03/03 |
12/09/03 |
67 |
|
William Sanchez |
Special Counsel - Immigration-Related Unfair Employment Practices |
DOJ |
06/01/04 |
12/08/04 |
144 |
|
Annette Sandberg |
Admin. - Federal Motor Carrier Safety Administration |
DOT |
03/24/03 |
07/31/03 |
129 |
|
Susan C. Schwab |
Deputy Secretary |
TREA |
07/17/03 |
Withdrawn 12/09/03 |
|
|
Susan K. Sclafani |
Asst. Secy. - Vocational and Adult Education |
ED |
10/29/03 |
01/26/04 |
48 |
|
Jeffrey Shane |
Associate Deputy Secretary |
DOT |
01/09/03 |
Withdrawn 02/11/03 |
|
|
Jeffrey Shane |
Under Secy. - Policy |
DOT |
02/11/03 |
03/19/03 |
36 |
|
John S. Shaw |
Asst. Secy. - Environment, Safety, and Health |
DOE |
07/22/04 |
12/08/04 |
93 |
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
HUD |
02/11/04 |
11/21/04 |
238 |
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
HUD |
Recess appointment 05/28/04 |
||
|
Dennis C. Shea |
Asst. Secy. - Policy Development and Research |
HUD |
06/24/04 |
Returned 12/08/04 |
|
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
ED |
09/22/03 |
01/26/04 |
85 |
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
ED |
Recess Appointment 12/23/03 |
||
|
Raymond Simon |
Asst. Secy. - Elementary and Secondary Education |
ED |
01/21/04 |
Returned 12/08/04 |
|
|
John W. Snow |
Secretary |
TREA |
01/13/03 |
01/30/03 |
17 |
|
Veronica V. Stidvent |
Asst. Secy. - Policy |
DOL |
06/01/04 |
12/08/04 |
144 |
|
David M. Stone |
Asst. Secy. - Transportation Security Administration |
DHS |
04/08/04 |
07/22/04 |
105 |
|
Diane M. Stuart |
Dir. - Violence Against Women Office |
DOJ |
03/05/03 |
07/31/03 |
148 |
|
Robert A. Sturgell |
Dep. Administrator - Federal Aviation Administration |
DOT |
01/15/03 |
03/19/03 |
63 |
|
Ross O. Swimmer |
Special Trustee for American Indians |
DOI |
02/04/03 |
04/10/03 |
65 |
|
Karen P. Tandy |
Administrator of Drug Enforcement |
DOJ |
06/02/03 |
07/31/03 |
59 |
|
Randall L. Tobias |
Coordinator - U.S. Global AIDS |
DOS |
09/15/03 |
10/03/03 |
18 |
|
Margaret D. Tutwiler |
Under Secy. - Public Diplomacy and Public Affairs |
DOS |
10/14/03 |
12/09/03 |
56 |
|
Kirk Van Tine |
Deputy Secretary |
DOT |
09/18/03 |
Returned 12/09/03 |
|
|
Kirk Van Tine |
Deputy Secretary |
DOT |
01/26/04 |
Returned 12/08/04 |
|
|
Kirk Van Tine |
Deputy Secretary |
DOT |
Recess Appointment 05/28/04 |
||
|
Kirk Van Tine |
Deputy Secretary |
DOT |
06/24/04 |
Returned 12/08/04 |
|
|
C. Stewart Verdery Jr. |
Asst. Secy. - Border and Transportation Security Policy and Planning |
DHS |
04/10/03 |
06/19/03 |
70 |
|
Mark J. Warshawsky |
Asst. Secy. - Economic Policy |
TREA |
11/25/03 |
03/12/04 |
67 |
|
Kerry N. Weems |
Asst. Secy. - Budget, Technology, and Finance |
HHS |
07/22/03 |
Withdrawn 09/04/03 |
|
|
Joe D. Whitley |
General Counsel |
DHS |
04/28/03 |
07/31/03 |
94 |
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
DOD |
01/22/03 |
Returned 12/08/04 |
|
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
DOD |
Recess Appointment 08/22/03 |
||
|
John Paul Woodley Jr. |
Asst. Secy. - Army - Civil Works |
DOD |
10/01/03 |
Returned 12/08/04 |
|
|
Sue Ellen Wooldridge |
Solicitor |
DOI |
02/02/04 |
11/21/04 |
247 |
|
Sue Ellen Wooldridge |
Solicitor |
DOI |
Recess appointment 05/28/04 |
||
|
Sue Ellen Wooldridge |
Solicitor |
DOI |
06/24/04 |
Returned 12/08/04 |
|
|
Christopher A. Wray |
Asst. Atty. General - Criminal Division |
DOJ |
06/09/03 |
09/11/03 |
63 |
|
Benjamin H. Wu |
Asst. Secy. - Technology Policy |
DOC |
04/08/04 |
11/21/04 |
181 |
|
Michael W. Wynne |
Under Secy. - Acquisition, Technology, and Logistics |
DOD |
09/03/03 |
Returned 12/08/04 |
|
|
Jennifer Young |
Asst. Secy. - Legislation |
HHS |
09/03/03 |
12/08/03 |
96 |
|
John J. Young Jr. |
Principal Dep. Under Secy. - Acquisition, Technology, and Logistics |
DOD |
01/23/04 |
Returned 12/08/04 |
|
|
Juan C. Zarate |
Asst. Secy. - Terrorist Financing |
TREA |
03/11/04 |
07/21/04 |
132 |
|
Mean number of days to confirm |
98 |
||||
|
Median number of days to confirm |
83 |
||||
Appendix B. Appointment Action, 108th Congress
|
Department |
Positions |
Nominations |
Individual |
Confirmations |
Returned |
Withdrawn |
Recess |
Mean days |
Median days |
|
Agriculture |
16 |
3 |
3 |
2 |
1 |
0 |
0 |
70 |
70 |
|
Commerce |
25 |
14 |
10 |
10 |
4 |
0 |
4 |
151 |
131 |
|
Defense |
53 |
21 |
20 |
10 |
7 |
4 |
1 |
61 |
29 |
|
Education |
18 |
12 |
8 |
7b |
5 |
0 |
4 |
125 |
125 |
|
Energy |
21 |
8 |
7 |
7 |
1 |
0 |
1 |
133 |
93 |
|
Health and Human Services |
19 |
6 |
6 |
3 |
2 |
1 |
0 |
99 |
96 |
|
Homeland Security |
19 |
16 |
15 |
14 |
2 |
0 |
1 |
67 |
62 |
|
Housing and Urban Development |
15 |
12 |
8 |
6 |
5 |
1 |
4 |
153 |
168 |
|
Interior |
18 |
4 |
3 |
3 |
1 |
0 |
1 |
132 |
85 |
|
Justice |
28 |
15 |
15 |
14 |
1 |
0 |
0 |
82 |
72 |
|
Labor |
19 |
4 |
4 |
4 |
0 |
0 |
0 |
156 |
165 |
|
State |
50 |
13 |
13 |
11 |
2 |
0 |
0 |
56 |
54 |
|
Transportation |
20 |
13 |
10 |
8 |
4 |
1 |
2 |
84 |
70 |
|
Treasury |
25 |
18 |
18 |
14 |
3 |
1 |
0 |
96 |
90 |
|
Veterans Affairs |
14 |
7 |
7 |
7 |
0 |
0 |
0 |
111 |
92 |
|
Total |
360 |
166 |
147 |
120 |
38 |
8 |
18 |
98 |
83 |
a. This column counts Gordon England twice, because he was nominated to positions in DHS (Deputy Secretary) and DOD (Secretary of the Navy) during the 108th Congress. Likewise, Francis J. Harvey and Jeffrey Shane, each of whom was nominated to more than one position in a single department (DOD and DOT, respectively), are counted twice each for the figures in this column.
b. Includes two confirmations for Edward R. McPherson. See ED Appointment Action table for further information.
Appendix C. Senate Recessesa for the 108th Congress
|
Date Recessed |
Date Reconvened |
Number of Days |
Number of recess |
|
The first session of 108th Congress convened on 01/07/03. |
|||
|
01/23/03 |
01/28/03 |
4 |
0 |
|
02/14/03 |
02/24/03 |
9 |
0 |
|
04/11/03 |
04/29/03 |
17 |
0 |
|
05/23/03 |
06/02/03 |
9 |
0 |
|
06/27/03 |
07/07/03 |
9 |
0 |
|
08/01/03 |
09/02/03 |
31 |
1 |
|
10/03/03 |
10/14/03 |
10 |
0 |
|
11/25/03 |
12/09/03 |
10 |
0 |
|
The Senate adjourned sine die on 12/09/03. The second session of 108th Congress convened 01/20/04. The intersession (period between these two dates) was 41 days long. |
3 |
||
|
02/12/04 |
02/23/04 |
10 |
0 |
|
03/12/04 |
03/22/04 |
9 |
0 |
|
04/08/04 |
04/19/04 |
10 |
3 |
|
05/21/04 |
06/01/04 |
10 |
5 |
|
06/09/04 |
06/14/04 |
4 |
0 |
|
06/25/04 |
07/06/04 |
10 |
2 |
|
07/22/04 |
09/07/04 |
46 |
4 |
|
10/11/04 |
12/07/04 |
35 |
0 |
|
11/24/04 |
12/07/04 |
12 |
0 |
|
The Senate adjourned sine die on 12/08/04. The first session of the 109th Congress convened on 01/04/05. The intersession (period between these two dates) was 26 days long. |
0 |
||
a. Includes all recesses of four days or longer as indicated in the Senate "Days-in-Session Calendars" website at http://thomas.loc.gov/home/ds/index.html#senate, visited Nov. 15, 2006.
b. The entries for the number of days adjourned include all days between the day the Senate adjourned and the day it reconvened. They do not include the days of adjournment or reconvening because the Senate is able to act on nominations on these days.
Appendix D. Abbreviations of Departments
|
DHS |
Department of Homeland Security |
|
DOC |
Department of Commerce |
|
DOD |
Department of Defense |
|
DOE |
Department of Energy |
|
DOI |
Department of the Interior |
|
DOJ |
Department of Justice |
|
DOL |
Department of Labor |
|
DOS |
Department of State |
|
DOT |
Department of Transportation |
|
DVA |
Department of Veterans Affairs |
|
ED |
Department of Education |
|
HHS |
Department of Health and Human Services |
|
HUD |
Department of Housing and Urban Development |
|
TREA |
Department of the Treasury |
|
USDA |
Department of Agriculture |
| 1. |
Full-time positions requiring Senate confirmation are included. Exceptions are U.S. Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. |
| 2. |
This department was established by the Homeland Security Act of 2002, P.L. 107-296, enacted Nov. 25, 2002. |
| 3. |
A succinct historical and contemporary overview of the appointment power is found in [author name scrubbed], "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. |
| 4. |
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." |
| 5. |
See, for example, Michael J. Gerhardt, The Federal Appointments Process: A Constitutional and Historical Analysis (London: Duke University Press, 2000), pp. 29-34. |
| 6. |
3 U.S.C. § 102 note. |
| 7. |
P.L. 108-458, § 760; 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 98-892, The New Vacancies Act: Congress Acts to Protect the Senate's Confirmation Prerogative, by [author name scrubbed]. |
| 10. |
For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed]; CRS Report RL32935, Congressional Oversight of Judges and Justices, by [author name scrubbed] and [author name scrubbed], pp. 7-13; and CRS Report RL31948, Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History, by [author name scrubbed]. |
| 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 [author name scrubbed], 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. John E. Sununu, "Nomination in Status Quo," Congressional Record, daily edition, vol. 149, July 31, 2003, p. S10844. |
| 14. |
Art. II, Sec. 2, cl. 3. |
| 15. |
For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by [author name scrubbed]. |
| 16. |
15 Op. O.L.C. 93 (1991). See also 6 Op. O.L.C. 585 (1982); 41 Op. A.G. 463 (1960). |
| 17. |
P.L. 108-447, Division H, § 609. The provision reads, "No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person." This provision has been part of this funding bill since at least 1950. |
| 18. |
P.L. 105-277, Div. C, Title I, § 151; 5 U.S.C. §§ 3345-3349d. |
| 19. |
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 [author name scrubbed]. |
| 20. |
This department was established by the Homeland Security Act of 2002, P.L. 107-296, enacted Nov. 25, 2002. |
| 21. |
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. |
| 22. |
As noted above, the following full-time positions are not included in this report: U.S. Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. |
| 23. |
For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which, as of Jan. 2005, ranged from level I ($180,100) for cabinet level offices to level V ($131,400) for the lowest-ranked positions. |
| 24. |
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, Nov. 22, 2004 (Washington: GPO, 2004)). |