On November 1, 2005, President George W. Bush issued
an executive order directing the Secretary of Homeland Security to establish a new position that
would coordinate federal Gulf Coast recovery and rebuilding efforts.(1) The executive order specifies
that this official "shall be selected by the President and shall be appointed by and report directly to
the Secretary." Subsequently, the President selected then-Federal Deposit Insurance Corporation
Board of Directors Chair Donald Powell for the new position, and Secretary Michael Chertoff
formally appointed him. This method of establishing and making an appointment to a departmental
position is unusual, and it may conflict with the constitutional role of Congress in the appointment
and oversight processes. This report will not be updated.