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Order Code RL33783
Presidential Appointments to Full-time Positions
in Executive Departments During the 108th
Congress, 2003-2004
January 8, 2007
Henry B. Hogue
Analyst in American National Government
Government and Finance Division
Maureen Bearden
Information Research Specialist
Knowledge Services Group
Dana Ely
Information Research Specialist
Knowledge Services Group
Presidential Appointments to Full-time Positions in
Executive Departments During the 108th Congress,
2003-2004
Summary
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120 were confirmed; eight were withdrawn; one was returned to the President at the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.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Appointment Process for Advice and Consent Positions . . . . . . . . . . . . 1
Selection, Clearance, and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Senate Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Temporary Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Appointments During the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Length of Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Organization of This Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Executive Department Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Department of Agriculture (USDA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Department of Commerce (DOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Department of Defense (DOD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Department of Education (ED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Department of Energy (DOE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Department of Health and Human Services (HHS) . . . . . . . . . . . . . . . . . . . . . . . 19
Department of Homeland Security (DHS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Department of Housing and Urban Development (HUD) . . . . . . . . . . . . . . . . . . 23
Department of the Interior (DOI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Department of Justice (DOJ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Department of Labor (DOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Department of State (DOS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Department of Transportation (DOT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Department of the Treasury (TREA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Department of Veterans Affairs (DVA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Appendix A. Nominations and Recess Appointments, 108th Congress . . . . . . . 39
Appendix B. Appointment Action, 108th Congress . . . . . . . . . . . . . . . . . . . . . . 45
Appendix C. Senate Recessesa for the 108th Congress . . . . . . . . . . . . . . . . . . . . 46
Appendix D. Abbreviations of Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
List of Tables
Table 1. Appointment Action for 15 Departments During the 108th Congress . . . 6
Presidential Appointments to Full-time
Positions in Executive Departments During
the 108th Congress, 2003-2004
Introduction
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 Appointment Process for Advice and Consent Positions
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
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
Louis Fisher, "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."
CRS-2
appointment process: selection, clearance, and nomination by the President;
consideration by the Senate; and appointment by the President.
Selection, Clearance, and Nomination. In the first stage, the White
House selects and clears a 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.
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.
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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
Senate Consideration. 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
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 Morton Rosenberg.
10
For further information, see CRS Report RL31980, Senate Consideration of Presidential
Nominations: Committee and Floor Procedure, by Elizabeth Rybicki; CRS Report
RL32935, Congressional Oversight of Judges and Justices, by Elizabeth B. Bazan and
Morton Rosenberg, pp. 7-13; and CRS Report RL31948, Evolution of the Senate's Role in
the Nomination and Confirmation Process, A Brief History, by Betsy Palmer.
11
G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free
Press, 1981), pp. 97-189.
CRS-4
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
Appointment. In the final stage, the confirmed nominee is given a
commission signed by the President, with the seal of the United States affixed
thereto, and is sworn into office. The President may sign the commission at any time
after confirmation. Once the appointee is given the commission and sworn in, he or
she has full authority to carry out the responsibilities of the office.
Recess Appointments
The 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
12
For more information, see CRS Report RL31980, Senate Consideration of Presidential
Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, 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.
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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
Temporary Appointments
Congress has provided limited statutory authority for the temporary filling of
vacant positions requiring Senate confirmation. It is expected that, in general,
officials holding PAS positions who have been designated as "acting" are holding
their offices under this authority or other statutory authority specific to their agencies.
Under the Federal Vacancies Reform Act of 1998,18 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
15
For further information, see CRS Report RS21308, Recess Appointments: Frequently
Asked Questions, by Henry B. Hogue.
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.
CRS-6
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
Appointments During the 108th Congress
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
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 Morton Rosenberg.
20
This department was established by the Homeland Security Act of 2002, P.L. 107-296,
enacted Nov. 25, 2002.
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Length of Time to Confirm a Nomination
The length of time a given nomination may be pending in the Senate varies
widely. Some nominations are confirmed within a few days; others may not be
confirmed for several months; and some are never confirmed. This report provides,
for each executive department nomination that was confirmed in the 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.
Organization of This Report
Executive Department Profiles. Each of the 15 executive department
profiles provided in this report is organized into two parts: a table 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,
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)).
CRS-8
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.
Additional Appointment Information. Appendix A presents a table of all
nominations and recess appointments to positions in executive departments,
alphabetically organized and following a similar format to that of the department
appointment action tables. It identifies the agency involved and the dates of
nomination and confirmation. The table also indicates if a nomination was
confirmed, withdrawn, 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
th
108 Congress and the number of recess appointments during each recess.
A list of department abbreviations can be found in Appendix D.
CRS-9
Department of Agriculture (USDA)
Full-time PAS Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Under Secretary - Farm and Foreign Agricultural Services III
Under Secretary - Food, Nutrition, and Consumer Services III
Under Secretary - Food Safety III
Under Secretary - Marketing and Regulatory Programs III
Under Secretary - Natural Resources and Environment III
Under Secretary - Research, Education, and Economics III
Under Secretary - Rural Development III
Assistant Secretary - Administration IV
Assistant Secretary - Civil Rights a IV
Assistant Secretary - Congressional Relations IV
Chief Financial Officer b IV
General Counsel IV
Inspector General c IV
Administrator - Rural Utilities Services IV
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
Days to
Nominee Position Nominated Confirmed confirm
Thomas C. Dorr Under Secy. - Rural Development 01/09/03 Returned 12/08/04 a
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
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.
CRS-10
Department of Commerce (DOC)
Full-time PAS Positions,
as of the End of the 108th Congress
Position a Pay level
Secretary I
Deputy Secretary II
Under Secretary - Economic Affairs III
Under Secretary - Export Administration III
Under Secretary - Intellectual Property/Director - Patent and III
Trademark Office
Under Secretary - International Trade III
Under Secretary - Oceans and Atmosphere/Administrator - National III
Oceanic and Atmospheric Administration (NOAA)
Under Secretary - Technology III
Assistant Secretary - Administration and Chief Financial Officer b IV
Assistant Secretary - Communications and Information IV
Assistant Secretary - Economic Development IV
Assistant Secretary - Export Administration IV
Assistant Secretary - Export Enforcement IV
Assistant Secretary - Import Administration IV
Assistant Secretary - Legislative and Intergovernmental Affairs IV
Assistant Secretary - Market Access and Compliance IV
Assistant Secretary - Oceans and Atmosphere/Deputy Administrator IV
National Oceanic and Atmospheric Administration (NOAA)
Assistant Secretary - Technology Policy IV
Assistant Secretary - Manufacturing and Services c IV
Assistant Secretary - Trade Promotion/Director General - U.S. and IV
Foreign Commercial Service d
Director - Bureau of the Census IV
Director - National Institute of Standards and Technology IV
General Counsel IV
Inspector General e IV
Chief Scientist - National Oceanic and Atmospheric Administration V
(NOAA) f
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.
CRS-11
DOC Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
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 10/14/03 11/21/04 317
Information
Rhonda Keenum Asst. Secy. - Trade Promotion/Dir. 12/09/03 04/08/04 80
Gen. - U.S. and Foreign Commercial
Service
Theodore W. Deputy Secretary 02/26/04 11/21/04 223
Kassinger
Jonathan W. Dudas Under Secy. - Intellectual Property/ 03/22/04 11/21/04 198
Dir. - Patent and Trademark Office
Benjamin H. Wu Asst. Secy. - Technology Policy 04/08/04 11/21/04 181
Brett T. Palmer Asst. Secy. - Legislative and 05/11/04 11/21/04 148
Governmental Affairs
Albert A. Frink Jr. Asst. Secy. - Manufacturing and 06/17/04 11/21/04 111
Services
Michael D. Gallagher Asst. Secy. - Communications and Recess Appointment 07/02/04 a
Information
Theodore W. Deputy Secretary Recess Appointment 07/02/04 a
Kassinger
Michael D. Gallagher Asst. Secy. - Communications and 07/19/04 Returned 12/08/04 b
Information
Theodore W. Deputy Secretary 07/19/04 Returned 12/08/04 b
Kassinger
Jonathan W. Dudas Under Secy. - Intellectual Property/ Recess Appointment 08/02/04 a
Dir. - Patent and Trademark Office
Albert A. Frink Jr. Asst. Secy. - Manufacturing and Recess Appointment 08/02/04 a
Services
Albert A. Frink Jr. Asst. Secy. - Manufacturing and 09/10/04 Returned 12/08/04 b
Services
Jonathan W. Dudas Under Secy. - Intellectual Property/
09/10/04 Returned 12/08/04 b
Dir. - Patent and Trademark Office
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.
CRS-12
Department of Defense (DOD)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Under Secretary - Acquisition, Technology, and Logistics II
Under Secretary - Intelligence a III
Under Secretary - Comptroller/Chief Financial Officer b III
Under Secretary - Policy III
Under Secretary - Personnel and Readiness III
Deputy Under Secretary - Logistics and Materiel Readiness III
Principal Deputy Under Secretary - Acquisition, Technology, and III
Logistics
Principal Deputy Under Secretary - Policy IV
Principal Deputy Under Secretary - Personnel and Readiness IV
Assistant Secretary - Networks and Information Integration/Chief IV
Information Officer
Assistant Secretary - Health Affairs IV
Assistant Secretary - Legislative Affairs IV
Assistant Secretary - International Security Policy IV
Assistant Secretary - Public Affairs IV
Assistant Secretary - Reserve Affairs IV
Assistant Secretary - Special Operations and Low-Intensity Conflict IV
Assistant Secretary - International Security Affairs IV
Assistant Secretary - Homeland Defense c IV
Director - Defense Research and Engineering IV
Director - Operational Test and Evaluation IV
General Counsel IV
Inspector General d IV
Assistant to the Secretary - Nuclear, Chemical, and Biological Defense V
Programs
Department of the Air Force
Secretary II
Under Secretary IV
Assistant Secretary - Acquisition IV
Assistant Secretary - Financial Management/Comptroller IV
Assistant Secretary - Manpower and Reserve Affairs IV
Assistant Secretary - Installations, Environment, and Logistics IV
General Counsel IV
CRS-13
Department of the Army
Secretary II
Under Secretary IV
Assistant Secretary - Civil Works IV
Assistant Secretary - Financial Management/Comptroller IV
Assistant Secretary - Installations and Environment IV
Assistant Secretary - Manpower and Reserve Affairs IV
Assistant Secretary - Acquisition, Logistics, and Technology IV
General Counsel IV
Department of the Navy
Secretary II
Under Secretary IV
Assistant Secretary - Financial Management/Comptroller IV
Assistant Secretary - Installations and Environment IV
Assistant Secretary - Manpower and Reserve Affairs IV
Assistant Secretary - Research, Development, and Acquisition IV
General Counsel IV
Joint Chiefs of Staff e
Chairman (Members of the Joint
Vice Chairman Chiefs of Staff are
Chief of Staff (Air Force) compensated under the
Chief of Staff (Army) military pay system,
Chief of Naval Operations rather than the executive
Commandant of the Marine Corps 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.
CRS-14
DOD Appointment Action During the 108th Congress
Days to
Nominee Positions Nominated Confirmed 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 12/08/04 a
Steven A. Cambone Under Secy. - Intelligence 02/04/03 03/07/03 31
Thomas W. O'Connell Asst. Secy. - Special Operations and 05/01/03 07/21/03 81
Low-Intensity Conflict
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, 09/03/03 Returned 12/08/04 a
and Logistics
John Paul Woodley Jr. Asst. Secy. - Army - Civil Works Recess Appointment 08/22/03 b
John Paul Woodley Jr. Asst. Secy. - Army - Civil Works 10/01/03 Returned 12/08/04 a
Francis J. Harvey Asst. Secy. - Command, Control, 11/06/03 Withdrawn 09/15/04
Communications, and Intelligence
Lawrence T. Di Rita Asst. Secy. - Public Affairs 11/21/03 Withdrawn 11/16/04
Jaymie Alan Durnan Asst. Secy. - Army - Installations and 11/21/03 Withdrawn 02/23/04
Environment
John J. Young Jr. Principal Deputy Under Secy. - 01/23/04 Returned 12/08/04 a
Acquisition, Technology, and Logistics
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 06/01/04 Returned 12/08/04 a
Policy
Valerie L. Baldwin Asst. Secy. - Army - Financial 07/08/04 07/22/04 14
Management/Comptroller
Raymond F. DuBois Deputy Under Secy. - Logistics and 09/08/04 Returned 12/08/04 a
Materiel Readiness
Richard Greco Jr. Asst. Secy. - Navy - Financial 09/13/04 10/10/04 27
Management/Comptroller
Francis J. Harvey Secretary - Army 09/15/04 11/16/04 62
Buddie J. Penn Asst. Secy. - Navy - Installations and 09/23/04 Returned 12/08/04 a
Environment
Mean number of days to confirm a nomination 61
Median number of days to confirm a nomination 29
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. Woodley's recess appointment expired at the end of the second session of the 108th Congress.
CRS-15
Department of Education (ED)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Director - Institute of Education Sciences a II
Under Secretary III
Chief Financial Officer b IV
Assistant Secretary - Management IV
Assistant Secretary - Civil Rights IV
Assistant Secretary - Educational Research and Improvement IV
Assistant Secretary - Elementary and Secondary Education IV
Assistant Secretary - Intergovernmental and Interagency Affairs IV
Assistant Secretary - Legislation and Congressional Affairs IV
Assistant Secretary - Postsecondary Education IV
Assistant Secretary - Special Education and Rehabilitative Services IV
Assistant Secretary - Vocational and Adult Education IV
Commissioner - Education Statistics c IV
General Counsel IV
Inspector General d IV
Commissioner - Rehabilitation Services Administration V
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)).
CRS-16
ED Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Gerald Reynolds Asst. Secy. - Civil Rights 01/09/03 Returned 12/08/04 a
Karen Johnson Asst. Secy. - Legislation and 01/21/03 05/23/03 122
Congressional Affairs
Robert Lerner Commissioner of Education Statistics 06/03/03 Returned 12/08/04 a
Raymond Simon Asst. Secy. - Elementary and Secondary 09/22/03 01/26/04 85
Education
Susan K. Sclafani Asst. Secy. - Vocational and Adult 10/29/03 01/26/04 48
Education
Robert Lerner Commissioner of Education Statistics Recess Appointment 12/23/03 b
Raymond Simon Asst. Secy. - Elementary and Secondary Recess Appointment 12/23/03 c
Education
Robert Lerner Commissioner of Education Statistics 01/21/04 Returned 12/08/04 a
Raymond Simon Asst. Secy. - Elementary and Secondary 01/21/04 Returned 12/08/04 a
Education
Eugene Hickok Deputy Secretary 01/28/04 Returned 12/08/04 a
Edward R. McPherson Under Secretary 02/26/04 11/21/04 223 d
Eugene Hickok Deputy Secretary Recess Appointment 04/16/04 e
Edward R. McPherson Under Secretary Recess Appointment 04/18/04 e
Eugene Hickok Deputy Secretary 05/13/04 11/21/04 146
d
Edward R. McPherson Under Secretary 05/13/04 11/21/04
John H. Hager Asst. Secy. - Special Education and 06/01/04 11/21/04 127
Rehabilitative Services
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.
CRS-17
Department of Energy (DOE)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Under Secretary - Energy, Science, and Environment III
Under Secretary - Nuclear Security/Administrator - National Nuclear Security III
Administrationa (NNSA)
Principal Deputy Administrator - NNSA a IV
Deputy Administrator - Defense Programs, NNSA IV
Deputy Administrator - Defense Nuclear Nonproliferation, NNSA IV
Administrator - Energy Information Administration IV
Assistant Secretary - Congressional and Intergovernmental Affairs IV
Assistant Secretary - Energy Efficiency and Renewable Energy IV
Assistant Secretary - Environment, Safety, and Health IV
Assistant Secretary - Environmental Management IV
Assistant Secretary - Fossil Energy IV
Assistant Secretary - International Affairs and Domestic Policy IV
Assistant Secretary - Nuclear Energy, Science, and Technology IV
Chief Financial Officer b IV
Director - Civilian Radioactive Waste Management IV
Director - Office of Minority Economic Impact IV
Director - Office of Science IV
General Counsel IV
Inspector General c IV
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)).
CRS-18
DOE Appointment Action During 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Linton F. Brooks Under Secy. - Nuclear Security/ 02/04/03 05/01/03 86
Administrator - NNSA a
Paul M. Longsworth Deputy Admin. - Defense Nuclear 04/28/03 07/21/03 84
Nonproliferation, NNSA a
Rick A. Dearborn Asst. Secy. - Congressional and 06/26/03 10/03/03 68
Intergovernmental Affairs
Susan J. Grant Chief Financial Officer 10/14/03 12/08/04 334
Jerald S. Paul Principal Deputy Admin. - NNSA a 02/03/04 07/22/04 170
Karen A. Harbert Asst. Secy. - International Affairs and 07/22/04 12/08/04 93
Domestic Policy
John S. Shaw Asst. Secy. - Environment, Safety, and 07/22/04 12/08/04 93
Health
Susan J. Grant Chief Financial Officer Recess Appointment 08/02/04 b
Susan J. Grant Chief Financial Officer 09/10/04 Returned 12/08/04 c
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.
CRS-19
Department of Health and Human Services (HHS)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Administrator - Centers for Medicare & Medicaid Services III
Administrator - Substance Abuse and Mental Health Services IV
Administration
Assistant Secretary - Aging IV
Assistant Secretary - Children and Families IV
Assistant Secretary - Legislation IV
Assistant Secretary - Budget, Technology, and Finance/Chief Financial IV
Officer a
Assistant Secretary - Planning and Evaluation IV
Assistant Secretary - Public Affairs IV
Assistant Secretary - Health b
Commissioner - Food and Drug Administration IV
Director - National Institutes of Health IV
General Counsel IV
Inspector General c IV
Commissioner - Children, Youth, and Families V
Commissioner - Administration for Native Americans V
Director - Indian Health Services d V
Surgeon General e f
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).
CRS-20
HHS Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Charles W. Grim Director - Indian Health Services 03/27/03 07/16/03 111
Kerry N. Weems Asst. Secy.- Budget, Technology, and 07/22/03 Withdrawn 09/04/03
Finance
Cristina Beato Asst. Secy. - Public Health and Science 07/30/03 Returned 12/08/04 a
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 12/08/04 a
Mean number of days to confirm a nomination 99
Median number of days to confirm a nomination 96
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.
CRS-21
Department of Homeland Security (DHS)
Full-time Positions,
as of the End of the 108th Congress a
Position b Pay level
Secretary I
Deputy Secretary II
Assistant Secretary, Transportation Security Administration II
Under Secretary - Information Analysis and Infrastructure Protection III
Under Secretary - Science and Technology III
Under Secretary - Border and Transportation Security III
Under Secretary - Emergency Preparedness and Response c III
Under Secretary - Management III
Director - Bureau of Citizenship and Immigration Services III
Commissioner - Customs d III
Assistant Secretary - Bureau of Immigration and Customs Enforcement IV
Assistant Secretary - Border and Transportation Security Policy IV
Assistant Secretary - Plans, Programs, and Budgets IV
Chief Financial Officer e IV
General Counsel IV
Inspector General f IV
Commandant of the Coast Guard g Admiral
Director - Office for State and Local Government Coordination and IV
Preparedness
United States Fire Administrator h IV
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).
CRS-22
DHS Appointment Action During 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
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 01/10/03 01/23/03 13
Security
Janet Hale Under Secy. - Management 01/21/03 03/06/03 44
Charles E. Under Secy. - Science and Technology 02/14/03 03/19/03 33
McQueary
Edward Aguirre Jr. Dir.- Bureau of Citizenship and 03/11/03 06/19/03 100
Immigration Services
Michael J. Garcia Asst. Secy. -Bureau of Immigration and 03/26/03 11/25/03 213
Customs Enforcement
C. Stewart Verdery Asst. Secy. - Border and Transportation 04/10/03 06/19/03 70
Jr. Security Policy and Planning
Frank Libutti Under Secy. - Information Analysis and 04/28/03 06/23/03 56
Infrastructure Protection
Joe D. Whitley General Counsel 04/28/03 07/31/03 94
C. Suzanne Mencer Dir. - Office for Domestic Preparedness b 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 12/23/03 c
Clark Kent Ervin Inspector General 01/21/04 Returned 12/08/04 a
David M. Stone Asst. Secy. - Transportation Security 04/08/04 07/22/04 105
Administration
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.
CRS-23
Department of Housing and Urban Development (HUD)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Director - Office of Federal Housing Enterprise Oversight a II
Assistant Secretary - Administration IV
Assistant Secretary - Community Planning and Development IV
Assistant Secretary - Congressional and Intergovernmental Relations IV
Assistant Secretary - Fair Housing and Equal Opportunity IV
Assistant Secretary - Housing/Federal Housing Commissioner IV
Assistant Secretary - Policy Development and Research IV
Assistant Secretary - Public Affairs IV
Assistant Secretary - Public and Indian Housing IV
Chief Financial Officer b IV
General Counsel IV
Inspector General c IV
President - Government National Mortgage Association IV
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)).
CRS-24
HUD Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Steven B. Nesmith Asst. Secy. - Congressional and 04/07/03 05/22/03 45
Intergovernmental Relations
Mark C. Brickell Director - Office of Federal Housing 06/12/03 Withdrawn 01/21/04
Enterprise Oversight
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 02/11/04 11/21/04 238
Research
Romolo A. Bernardi Deputy Secretary 03/11/04 11/21/04 209
Romolo A. Bernardi Deputy Secretary Recess appointment 05/28/04 a
Cathy M. MacFarlane Asst. Secy. - Public Affairs Recess appointment 05/28/04 a
Dennis C. Shea Asst. Secy. - Policy Development and Recess appointment 05/28/04 a
Research
Carin M. Barth Chief Financial Officer 06/01/04 11/21/04 127
Cathy M. MacFarlane Asst. Secy. - Public Affairs 06/24/04 Returned 12/08/04 b
Dennis C. Shea Asst. Secy. - Policy Development and 06/24/04 Returned 12/08/04 b
Research
Romolo A. Bernardi Deputy Secretary 06/24/04 Returned 12/08/04 b
Carin M. Barth Chief Financial Officer Recess appointment 08/02/04 a
Carin M. Barth Chief Financial Officer 09/10/04 Returned 12/08/04 b
Pamela H. Patenaude Asst. Secy. - Community Planning and 09/15/04 Returned 12/08/04 b
Development
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.
CRS-25
Department of the Interior (DOI)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Special Trustee for American Indians a
Assistant Secretary - Fish, Wildlife, and Parks IV
Assistant Secretary - Indian Affairs IV
Assistant Secretary - Land and Minerals Management IV
Assistant Secretary - Policy, Management, and Budget/Chief Financial IV
Officer b
Assistant Secretary - Water and Science IV
Chairman - National Indian Gaming Commission c IV
Inspector General d IV
Solicitor IV
Director - National Park Service V
Director - Office of Surface Mining Reclamation and Enforcement V
Commissioner - Bureau of Reclamation V
Director - Bureau of Land Management V
Director - U.S. Fish and Wildlife Service V
Director - U.S. Geological Survey V
Commissioner - Indian Affairs e V
a. The Special Trustee is to be paid "at a rate determined by the Secretary to be appropriate for the position, but not less
than the rate of basic pay payable at Level II of the Executive Schedule..." (25 U.S.C. � 4042).
b. The chief financial officer 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.
CRS-26
DOI Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
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 Solicitor 02/02/04 11/21/04 247
Wooldridge
Sue Ellen Solicitor Recess appointment 05/28/04 a
Wooldridge
Sue Ellen Solicitor 06/24/04 Returned 12/08/04 b
Wooldridge
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.
CRS-27
Department of Justice (DOJ)
Full-time Positions,
as of the End of the 108th Congress
Position a Pay level
Attorney General I
Deputy Attorney General II
Director - Federal Bureau of Investigation b II
Administrator of Drug Enforcement III
Associate Attorney General III
Solicitor General III
Director - Bureau of Alcohol, Tobacco, Firearms and Explosives c III
Assistant Attorney General - Antitrust Division IV
Assistant Attorney General - Civil Division IV
Assistant Attorney General - Civil Rights Division IV
Assistant Attorney General - Criminal Division IV
Assistant Attorney General - Environment and Natural Resources IV
Assistant Attorney General - Legislative Affairs IV
Assistant Attorney General - Office of Justice Programs IV
Assistant Attorney General - Office of Legal Counsel IV
Assistant Attorney General - Office of Legal Policy IV
Assistant Attorney General - Tax Division IV
Administrator - Office of Juvenile Justice and Delinquency Prevention IV
Deputy Administrator - Drug Enforcement Administration IV
Director - Bureau of Justice Assistance IV
Director - Bureau of Justice Statistics IV
Director - Community Relations Service d IV
Director - National Institute of Justice IV
Director - Office for Victims of Crime IV
Director - U.S. Marshals Service IV
Inspector General e IV
Special Counsel - Immigration-Related Unfair Employment Practices f g
Director - Violence Against Women Office h V
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.
CRS-28
DOJ Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Diane M. Stuart Director - Violence Against Women 03/05/03 07/31/03 148
Office
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 Associate Attorney General 04/07/03 06/27/03 81
Jr.
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 06/09/03 10/03/03 85
Counsel
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 07/08/03 10/03/03 31
Policy
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 06/01/04 12/08/04 144
Unfair Employment Practices
Alberto R. Gonzalez Attorney General 11/16/04 Returned 12/08/04 a
Mean number of days to confirm a nomination 82
Median number of days to confirm a nomination 72
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.
CRS-29
Department of Labor (DOL)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Assistant Secretary - Administration and Management IV
Assistant Secretary - Congressional and Intergovernmental Affairs IV
Assistant Secretary - Employment and Training Administration IV
Assistant Secretary - Employment Standards Administration IV
Assistant Secretary - Mine Safety and Health Administration IV
Assistant Secretary - Occupational Safety and Health Administration (OSHA) IV
Assistant Secretary - Office of Public Affairs IV
Assistant Secretary - Employee Benefits Security Administration IV
Assistant Secretary - Policy IV
Assistant Secretary - Veterans' Employment and Training Service IV
Assistant Secretary - Disability Employment Policy IV
Chief Financial Officer a IV
Commissioner - Bureau of Labor Statistics b IV
Inspector General c IV
Solicitor IV
Administrator - Wage and Hour Division V
Director - Women's Bureau d e
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
Days to
Nominee Position Nominated Confirmed confirm
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
CRS-30
Department of State (DOS)
Full-time Positions,
as of the End of the 108th Congress
Position a Pay level
Secretary I
Deputy Secretary II
Deputy Secretary - Management and Resources b II
Under Secretary - Economic, Business, and Agricultural Affairs III
Under Secretary - Global Affairs III
Under Secretary - Arms Control and International Security III
Under Secretary - Management III
Under Secretary - Political Affairs III
Under Secretary - Public Diplomacy and Public Affairs III
Counselor III
Ambassador-at-Large - International Religious Freedom III
Ambassador-at-Large/Director - Office to Monitor and Combat Trafficking in IV
Persons c
Ambassador-at-Large - War Crimes IV
Ambassador-at-Large /Coordinator - Counterterrorism IV
Coordinator - U.S. Global AIDS d IV
Chief of Protocol IV
Assistant Secretary - Administration IV
Assistant Secretary - African Affairs IV
Assistant Secretary - Arms Control IV
Assistant Secretary - Consular Affairs IV
Assistant Secretary - Democracy, Human Rights, and Labor IV
Assistant Secretary - Diplomatic Security and Director - Office of Foreign Missions IV
Assistant Secretary - East Asia and Pacific Affairs IV
Assistant Secretary - Economic and Business Affairs IV
Assistant Secretary - Educational and Cultural Affairs IV
Assistant Secretary - European and Eurasian Affairs IV
Assistant Secretary - Intelligence and Research IV
Assistant Secretary - International Narcotics and Law Enforcement IV
Assistant Secretary - International Organizations IV
Assistant Secretary - Legislative Affairs IV
Assistant Secretary - Near Eastern Affairs IV
Assistant Secretary - Non-proliferation IV
Assistant Secretary - Oceans and International Environmental and Scientific Affairs IV
Assistant Secretary - Political and Military Affairs IV
Assistant Secretary - Population, Refugee, and Migration Affairs IV
Assistant Secretary - Public Affairs IV
Assistant Secretary - South Asian Affairs IV
Assistant Secretary - Verification and Compliance IV
Assistant Secretary - Western Hemisphere Affairs IV
Assistant Secretary - Resource Management IV
Chief Financial Officer e IV
Director General - Foreign Service f IV
Inspector General g IV
Legal Adviser IV
CRS-31
Position a Pay level
International Organizations
U.S. Representative - United Nations II
h
U.S. Representative - Organization of American States
U.S. Deputy Representative - United Nations III
U.S. Alternate Representative - U.N. Economic and Social Council IV
U.S. Alternate Representative - U.N. Management and Reform IV
U.S. Alternate Representative - Special Political Affairs in the U.N. IV
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.
CRS-32
DOS Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
Grant S. Green Jr. Dep. Secy. - Management and Resources 01/09/03 Returned 12/08/04 a
Roger F. Noriega Asst. Secy. - Western Hemisphere Affairs 03/24/03 07/29/03 127
John F. Maisto U.S. Rep. - Organization of American 04/02/03 06/27/03 86
States
Robert B. Charles Asst. Secy. - International Narcotics and 07/15/03 10/03/03 49
Law Enforcement
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 10/14/03 12/09/03 56
Public Affairs
Stuart W. Holliday U. S. Alt. Rep. - Special Political Affairs 10/16/03 12/09/03 54
in the United Nations
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 06/17/04 07/22/04 35
Monitor and Combat Trafficking
Howard J. Krongard Inspector General 09/08/04 Returned 12/08/04 a
Mean number of days to confirm a nomination 56
Median number of days to confirm a nomination 54
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.
CRS-33
Department of Transportation (DOT)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Under Secretary - Policy a II
Administrator - Federal Aviation Administration b II
Administrator - Federal Highway Administration II
Administrator - Federal Motor Carrier Safety Administration III
Administrator - Federal Railroad Administration III
Administrator - Federal Transit Administration III
Administrator - Maritime Administration III
Administrator - National Highway Traffic Safety Administration III
Administrator - Research and Special Programs Administration III
Administrator - St. Lawrence Seaway Development Corporation c IV
Assistant Secretary - Aviation and International Affairs IV
Assistant Secretary - Budget and Programs/Chief Financial Officer d IV
Assistant Secretary - Governmental Affairs IV
Assistant Secretary - Transportation Policy IV
Deputy Administrator - Federal Aviation Administration e IV
Director - Bureau of Transportation Statistics IV
General Counsel IV
Inspector General f IV
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)).
CRS-34
DOT Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
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 01/15/03 03/19/03 63
Administration
Jeffrey Shane Under Secy. - Policy 02/11/03 03/19/03 36
Annette Sandberg Admin. - Federal Motor Carrier Safety 03/24/03 07/31/03 129
Administration
Nicole R. Nason Asst. Secy. - Governmental Affairs 05/14/03 07/23/03 70
Karan K. Bhatia Asst. Secy. - Aviation and International 09/03/03 12/09/03 97
Affairs Administration
Kirk Van Tine Deputy Secretary 09/18/03 Returned 12/09/03 a
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 12/08/04 b
Linda M. Combs Asst. Secy. - Budget and Programs Recess Appointment 04/16/04 c
Linda M. Combs Asst. Secy. - Budget and Programs 05/13/04 Returned 12/08/04 b
Kirk Van Tine Deputy Secretary Recess Appointment 05/28/04 c
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.
CRS-35
Department of the Treasury (TREA)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Commissioner of Internal Revenue a III
Commissioner of Customs III
Comptroller of the Currency b III
Director - Office of Thrift Supervision c III
Under Secretary - Domestic Finance III
Under Secretary - Terrorism and Financial Intelligence d III
Under Secretary - International Affairs III
Assistant Secretary - Economic Policy IV
Assistant Secretary - Financial Institutions IV
Assistant Secretary - Financial Markets IV
Assistant Secretary - Intelligence and Analysis e IV
Assistant Secretary - Management/Chief Financial Officer f IV
Assistant Secretary - Public Affairs and Public Liaison IV
Assistant Secretary - Tax Policy IV
Assistant Secretary - Terrorist Financing g IV
Deputy Under Secretary/Assistant Secretary - International Affairs IV
Deputy Under Secretary/Assistant Secretary - Legislative Affairs IV
General Counsel IV
Inspector General h IV
Inspector General for Tax Administration IV
Chief Counsel - IRS/Assistant General Counsel for Tax V
Director of the Mint i SL j
Treasurer of the United States SL j
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.
CRS-36
TREA Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
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 04/10/03 08/01/03 113
Liaison
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 11/19/03 11/21/04 281
Administration
Mark J. Asst. Secy. - Economic Policy 11/25/03 03/12/04 67
Warshawsky
Samuel W. Bodman Deputy Secretary 12/09/03 02/12/04 24
Donald Korb Chief Counsel - IRS/Assistant General 12/09/03 04/08/04 80
Counsel - Tax
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. Asst. Secy. - Financial Markets 05/11/04 11/21/04 148
Bitsberger
Gregory F. Jenner Asst. Secy. - Tax Policy 07/22/04 Returned 12/08/04 a
Anna E. Cabral Treasurer of the United States 07/22/04 11/21/04 43
Jesus H. Delgado- Asst. Secy. - Management 09/20/04 Returned 12/08/04 a
Jenkins
Harold Damelin Inspector General 10/07/04 Returned 12/08/04 a
Mean number of days to confirm a nomination 96
Median number of days to confirm a nomination 90
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.
CRS-37
Department of Veterans Affairs (DVA)
Full-time Positions,
as of the End of the 108th Congress
Position Pay level
Secretary I
Deputy Secretary II
Under Secretary - Benefits a III
Under Secretary - Health b III
Under Secretary - Memorial Affairs III
Assistant Secretary - Congressional and Legislative Affairs IV
Assistant Secretary - Human Resources and Administration IV
Assistant Secretary - Management and Chief Financial Officer c IV
Assistant Secretary - Policy, Planning, and Preparedness IV
Assistant Secretary - Public and Intergovernmental Affairs IV
Assistant Secretary - Information and Technology IV
Chairman - Board of Veterans' Appeals d IV
General Counsel IV
Inspector General e IV
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)).
CRS-38
DVA Appointment Action During the 108th Congress
Days to
Nominee Position Nominated Confirmed confirm
John W. Nicholson Under Secy. - Memorial Affairs 01/09/03 04/11/03 92
Dee Ann McWilliams Asst. Secy. - Human Resources and 03/24/03 06/02/03 70
Administration
Cynthia R. Church Asst. Secy. - Public and 07/11/03 01/22/04 154
Intergovernmental Affairs
Robert N. McFarland Asst. Secy. - Information and 10/14/03 01/22/04 59
Technology
Gordon H. Mansfield Deputy Secretary 11/03/03 01/22/04 39
Pamela M. Iovino Asst. Secy. - Congressional and 01/28/04 11/21/04 252
Legislative Affairs
Robert A. Pittman Asst. Secy. - Human Resources and 06/17/04 11/21/04 111
Administration
Mean number of days to confirm a nomination 111
Median number of days to confirm a nomination 92
CRS-39
Appendix A. Nominations and Recess Appointments,
108th Congress
Nomina- Confirm- Days to
Nominee Position Dept. tion date ation date confirm
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 DHS 03/11/03 06/19/03 100
Services
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/ DOD 07/08/04 07/22/04 14
Comptroller
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 DOT 09/03/03 12/09/03 97
Administration
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 HUD 06/12/03 Withdrawn 01/21/04
Oversight
Linton F. Brooks Under Secy. - Nuclear Security/Administrator DOE 02/04/03 05/01/03 86
National Nuclear Security Administration
(NNSA)
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 DOS 07/15/03 10/03/03 49
Enforcement
Cynthia R. Church Asst. Secy. - Public and Intergovernmental DVA 07/11/03 01/22/04 154
Affairs
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
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Nominee Position Dept. tion date ation date confirm
Rick A. Dearborn Asst. Secy. - Congressional and DOE 06/26/03 10/03/03 68
Intergovernmental Affairs
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 DOD 09/08/04 Returned 12/08/04
Readiness
Under Secy. - Intellectual Property/ DOC 03/22/04 11/21/04 198
Jonathan W. Dudas
Dir. - Patent and Trademark Office
Under Secy. - Intellectual Property/ DOC Recess Appointment 08/02/04
Jonathan W. Dudas
Dir. - Patent and Trademark Office
Under Secy. - Intellectual Property/ DOC 09/10/04 Returned 12/08/04
Jonathan W. Dudas
Dir. - Patent and Trademark Office
Jaymie Alan Durnan Asst. Secy. - Army -Installations and DOD 11/21/03 Withdrawn 02/23/04
Environment
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 DHS 03/26/03 11/25/03 213
Customs Enforcement
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/ DOD 09/13/04 10/10/04 27
Comptroller
CRS-41
Nomina- Confirm- Days to
Nominee Position Dept. tion date ation date confirm
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 ED 06/01/04 11/21/04 127
Rehabilitative Services
Janet Hale Under Secy. - Management DHS 01/21/03 03/06/03 44
Karen A. Harbert Asst. Secy. - International Affairs and Domestic DOE 07/22/04 12/08/04 93
Policy
Michael J. Harrison Asst. Secy. - Administration USDA 09/15/04 11/21/04 67
Francis J. Harvey Asst. Secy. - Command, Control, DOD 11/06/03 Withdrawn 09/15/04
Communications, and Intelligence
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 DOS 10/16/03 12/09/03 54
United Nations
Asa Hutchinson Under Secy. - Border and Transportation DHS 01/10/03 01/23/03 13
Security
Pamela M. Iovino Asst. Secy. - Congressional and Legislative DVA 01/28/04 11/21/04 252
Affairs
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 ED 01/21/03 05/23/03 122
Affairs
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
Asst. Secy. - Trade Promotion/Director General DOC 12/09/03 04/08/04 80
Rhonda Keenum
- U.S. and Foreign Commercial Service
Peter D. Keisler Asst. Atty. General - Civil Division DOJ 04/10/03 06/05/03 56
Donald Korb Chief Counsel - IRS/Assistant General Counsel TREA 12/09/03 04/08/04 80
- Tax
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
CRS-42
Nomina- Confirm- Days to
Nominee Position Dept. tion date ation date confirm
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 DHS 04/28/03 06/23/03 56
Infrastructure Protection
Peter Lichtenbaum Asst. Secy. - Export Administration DOC 07/22/03 10/17/03 56
Paul M. Longsworth Dep. Admin. - Defense Nuclear DOE 04/28/03 07/21/03 84
Nonproliferation, NNSA
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 DVA 03/24/03 06/02/03 70
Administration
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 DOS 06/17/04 07/22/04 35
and Combat Trafficking
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 HUD 04/07/03 05/22/03 45
Intergovernmental Relations
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
CRS-43
Nomina- Confirm- Days to
Nominee Position Dept. tion date ation date confirm
Asst. Secy. - Special Operations and Low- DOD 05/01/03 07/21/03 81
Thomas W. O'Connell
Intensity Conflict
Michael O'Grady Asst. Secy. - Planning and Evaluation HHS 09/08/03 12/08/03 91
Asst. Secy. - Legislative and Governmental DOC 05/11/04 11/21/04 148
Brett T. Palmer
Affairs
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 HUD 09/15/04 Returned 12/08/04
Development
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 DOD 09/23/04 Returned 12/08/04
Environment
Robert A. Pittman Asst. Secy. - Human Resources and DVA 06/17/04 11/21/04 111
Administration
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 DOJ 06/01/04 12/08/04 144
Employment Practices
Annette Sandberg Admin. - Federal Motor Carrier Safety DOT 03/24/03 07/31/03 129
Administration
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 ED 09/22/03 01/26/04 85
Education
Raymond Simon Asst. Secy. - Elementary and Secondary ED Recess Appointment 12/23/03
Education
Raymond Simon Asst. Secy. - Elementary and Secondary ED 01/21/04 Returned 12/08/04
Education
John W. Snow Secretary TREA 01/13/03 01/30/03 17
CRS-44
Nomina- Confirm- Days to
Nominee Position Dept. tion date ation date confirm
Veronica V. Stidvent Asst. Secy. - Policy DOL 06/01/04 12/08/04 144
David M. Stone Asst. Secy. - Transportation Security DHS 04/08/04 07/22/04 105
Administration
Diane M. Stuart Dir. - Violence Against Women Office DOJ 03/05/03 07/31/03 148
Robert A. Sturgell Dep. Administrator - Federal Aviation DOT 01/15/03 03/19/03 63
Administration
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 DOS 10/14/03 12/09/03 56
Affairs
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 DHS 04/10/03 06/19/03 70
Security Policy and Planning
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
Under Secy. - Acquisition, Technology, and DOD 09/03/03 Returned 12/08/04
Michael W. Wynne
Logistics
Jennifer Young Asst. Secy. - Legislation HHS 09/03/03 12/08/03 96
John J. Young Jr. Principal Dep. Under Secy. - Acquisition, DOD 01/23/04 Returned 12/08/04
Technology, and Logistics
Juan C. Zarate Asst. Secy. - Terrorist Financing TREA 03/11/04 07/21/04 132
a
Mean number of days to confirm 98
Median number of days to confirm a 83
CRS-45
Appendix B. Appointment Action, 108th Congress
Individual Recess Mean days Median days
Department Positions Nominations Nominees Confirmations Returned Withdrawn Appointments to confirm to confirm
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 7* 5 0 4 125 125
Energy 21 8 7 7 1 0 1 133 93
Health and Human 19 6 6 3 2 1 0 99 96
Services
Homeland Security 19 16 15 14 2 0 1 67 62
Housing and Urban 15 12 8 6 5 1 4 153 168
Development
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
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.
* Includes two confirmations for Edward R. McPherson. See ED Appointment Action table for further information.
CRS-46
Appendix C. Senate Recessesa for the 108th
Congress
Number of recess
Date Recessed Date Reconvened Number of Days appointments to
Recessedb departmental
positions
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 3
of 108th Congress convened 01/20/04. The intersession (period
between these two dates) was 41 days long.
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 0
the 109th Congress convened on 01/04/05. The intersession
(period between these two dates) was 26 days long.
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.
CRS-47
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
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