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

Presidential Appointments to Full-time Positions
th
in Executive Departments During the 109
Congress, 2005-2006
June 10, 2008
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 109th Congress,
2005-2006
Summary
During the 109th Congress, the President submitted to the Senate 283
nominations to executive department full-time positions. Of these 283 nominations,
233 were confirmed; nine were withdrawn; and 41 were returned to him in
accordance with Senate rules. For those nominations that were confirmed, an
average of 75 days elapsed between nomination and confirmation. The median
number of days elapsed was 57. These statistics do not include the days during
which the Senate was adjourned for its summer recesses and between sessions of
Congress.
President George W. Bush made a total of 13 recess appointments to the
departments during this period. All 13 were made during recesses within the first or
second session of the 109th Congress (intrasession recess appointments). None were
made during the recess between the first and second sessions of the Congress
(intersession recess appointments).
Information for this report was compiled from data from the Senate nominations
database of the Legislative Information System [http://www.congress.gov/nomis/],
the Congressional Record (daily edition), the Weekly Compilation of Presidential
Documents, telephone discussions with agency officials, agency websites, the United
States Code, and the “Plum Book” (United States Government Policy and Supporting
Positions).
This report will not be updated.



Contents
The Appointment Process for Advice and Consent Positions............1
Selection, Clearance, and Nomination..........................1
Senate Consideration.......................................3
Appointment .............................................4
Recess Appointments...........................................4
Temporary Appointments.......................................5th
Appointments During the 109 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)....................................11
Department of Defense (DOD)......................................13
Department of Education (ED)......................................17
Department of Energy (DOE).......................................19
Department of Health and Human Services (HHS).......................22
Department of Homeland Security (DHS)..............................24
Department of Housing and Urban Development (HUD)..................27
Department of the Interior (DOI).....................................29
Department of Justice (DOJ)........................................31
Department of Labor (DOL)........................................34
Department of State (DOS).........................................36
Department of Transportation (DOT).................................40
Department of the Treasury (TREAS).................................42
Department of Veterans Affairs (DVA)................................45
Appendix A. Nominations and Recess Appointments, 109th Congress.......47
Appendix B. Appointment Action, 109th Congress......................64



Four or More Days, and Numbers of Recess Appointments to
Departmental Positions, 109th Congress...........................65
Appendix D. Abbreviations of Departments............................66
List of Tables
Table 1. Appointment Action for 15 Departments During the 109th Congress...6



Presidential Appointments to Full-time
Positions in Executive Departments During
th
the 109 Congress, 2005-2006
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 identifies, for the 109th Congress, all nominations to executive-1
level full-time positions in the 15 departments. Profiles of the departments provide
basic information regarding their full-time PAS positions and related appointmentth
activity during the 109 Congress.
The Appointment Process for Advice and Consent Positions
The President and the Senate share the power to appoint the principal officers2
of the United States. The Constitution (Article II, Section 2, clause 2) empowers the
President to nominate and, by and with the advice and consent of the Senate, to3
appoint the principal officers of the United States. Three distinct stages mark the
appointment process: selection, clearance, and nomination by the President;
consideration by the Senate; and appointment by the President.
Selection, Clearance, and Nomination. In the first stage, the White
House selects and clears a prospective appointee before sending a formal nomination
to the Senate. There are a number of steps in this stage of the process for most
Senate-confirmed positions. First, with the assistance of, and preliminary vetting by,
the White House Office of Presidential Personnel, the President selects a candidate
for the position. Interested parties, including Members of Congress, have sometimes


1 Full-time departmental PAS positions that are not covered in this report include U.S.
attorney and U.S. marshal positions in the Department of Justice; most Foreign Service and
diplomatic positions in the Department of State; officer corps positions in the civilian
uniformed services of the National Oceanic and Atmospheric Administration in the
Department of Commerce, and of the Public Health Service in the Department of Health and
Human Services; and the officer corps in the military services.
2 A succinct historical and contemporary overview of the appointment power is found in
Louis Fisher, “Appointment Powers,” in his Constitutional Conflicts between Congress andth
the President, 5 ed., rev. (Lawrence, KS: University Press of Kansas, 2007), pp. 21-47.
3 Art. II, Sec. 2, cl. 2 provides that the President “shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be established by Law:
but the Congress may by Law vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

had input during this process. It has been argued that Senators are constitutionally
entitled, by virtue of the advice and consent clause noted above, to provide advice to
the President regarding his selection; the extent of this entitlement is a matter of
some debate.4 As a practical matter, in instances where Senators perceive insufficient
pre-nomination consultation has occurred, they have sometimes used holds to block
Senate confirmation for those nominations.5
During the clearance process, the candidate prepares and submits several forms:
the “Public Financial Disclosure Report” (Standard Form (SF) 278), the
“Questionnaire for National Security Positions” (SF 86), and the White House
“Personal Data Statement Questionnaire.” The Office of the Counsel to the President
oversees the clearance process, which often includes the collection and review of
background information by the Federal Bureau of Investigation (FBI), Internal
Revenue Service (IRS), Office of Government Ethics (OGE), and an ethics official
for the agency to which the candidate is to be appointed. If conflicts are found during
the background check, OGE and the agency ethics officer may work with the
candidate to mitigate the conflicts. Once the Office of the Counsel to the President
has cleared the candidate, the nomination is ready to be submitted to the Senate.
The selection and clearance stage has often been the longest part of the
appointment process. There have been, at times, lengthy delays, particularly when
many candidates have been processed simultaneously, such as at the beginning of an
Administration, or where conflicts needed to be resolved. Candidates for higher-
level positions have often been accorded priority in this process. In an effort to
reduce the elapsed time between a new President’s inauguration and the appointment
of his or her national security team, amendments to the Presidential Transitions Act
of 1963,6 enacted at the end of 2004, encourage a President-elect to submit, for
security clearance, potential nominees to high-level national security positions as
soon as possible after the election.7 A separate provision of law, enacted as part of
the Federal Vacancies Reform Act of 1998, lengthens, during presidential transitions,
the potential duration of a temporary appointment by at least 90 days.8 Although this
provision might give some additional flexibility to an incoming President, it might
also lengthen the appointment process for some positions by, in effect, extending the
deadline by which a permanent appointment must be completed.
For a position located within a state (e.g., U.S. attorney, U.S. marshal, and U.S.
district judge), the President, by custom, normally has nominated an individual
recommended by the Senator or Senators (if they are from the same party as the
President) from that state. In instances where neither Senator is from the President’s
party, he usually has deferred to the recommendations of party leaders from the state.


4 See, for example, Michael J. Gerhardt, The Federal Appointments Process: A
Constitutional and Historical Analysis (Durham: Duke University Press, 2003), pp. 29-34.
5 See, for example, ibid., pp. 152-153.
6 3 U.S.C. § 102 note.
7 P.L. 108-458, § 7601; 118 Stat. 3856.
8 5 U.S.C. § 3349a.

Occasionally, the President has solicited recommendations from Senators of the
opposition party because of their positions in the Senate.
A nominee has no legal authority to assume the duties and responsibilities of the
position; the authority comes with Senate confirmation and presidential appointment.
A nominee who is hired by the agency as a consultant while awaiting confirmation
may serve only in an advisory capacity. If circumstances permit and conditions are
met, the President could give the nominee a recess appointment to the position (see
below). Recess appointments have sometimes had political consequences, however,
particularly where Senators perceived that such an appointment was an effort to
circumvent their constitutional role. Some Senate-confirmed positions, such as many
of those in the executive departments, may also be temporarily filled under the
Vacancies Act.9
Senate Consideration. In the second stage, the Senate alone determines
whether or not to confirm a nomination.10 The way the Senate has acted on a
nomination has depended largely on the importance of the position involved, existing
political circumstances, and policy implications. Generally, the Senate has shown
particular interest in the nominee’s views and how they are likely to affect public
policy.11 Two other factors have sometimes affected the scrutiny with which a
nominee’s personal and professional qualities have been examined: whether or not
the President’s party controlled the Senate and the degree to which the President
became involved in supporting the nomination.
The Senate confirmation process has been centered at the committee level.
Committee nomination activity has generally included investigation, hearing, and
reporting stages. As part of investigatory work, committees have drawn on
information provided by the White House, as well as information they themselves
have collected. Some committees have held hearings on nearly all nominations;
others have held hearings for only some. Hearings provide a public forum to discuss
a nomination and any issues related to the program or agency for which the nominee
would be responsible. Even where confirmation has been thought to be a virtual
certainty, hearings have provided Senators and the nominee with opportunities to go
on the record with particular views or commitments. Senators have used hearings to
explore nominees’ qualifications, articulate policy perspectives, or raise related
oversight issues.
A committee may discontinue acting on a nomination at any point — upon
referral, after investigation, or after a hearing. If the committee votes to report the


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; 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.

nomination back to the full Senate, it has three options: it may report the nomination
to the Senate favorably, unfavorably, or without recommendation. If the committee
elects not to report a nomination, the Senate may, under certain circumstances,
discharge the committee from further consideration of the nomination in order to
bring it to the floor.12
The Senate historically has confirmed most, but not all, executive nominations.
Rarely, however, has a rejection occurred on the Senate floor. Nearly all rejections
have occurred in committee, either by committee vote or by committee inaction.
Rejections in committee have occurred for a variety of reasons, including opposition
to the nomination, inadequate amount of time for consideration of the nomination,
or factors that may have nothing to do with the merits of the nomination. If a
nomination is not acted upon by the Senate by the end of a Congress, it is returned
to the President. Pending nominations also may be returned automatically to the
President at the beginning of a recess of 30 days or longer, but the Senate rule
providing for this return is often waived.13
Appointment. In the final stage, the confirmed nominee is given a
commission signed by the President, with the seal of the United States affixed
thereto, and is sworn into office. The President may sign the commission at any time
after confirmation or not at all. Once the appointee is given the commission and
sworn in, he or she has full authority to carry out the responsibilities of the office.
Recess Appointments
The Constitution also empowers the President to make limited-term
appointments without Senate confirmation when the Senate is in recess.14 Such
recess appointments expire at the end of the next session of the Senate. Appendix
C provides a table showing the dates of the Senate recesses for the 109th Congress
and the number of recess appointments to full-time departmental positions during
each recess.
Presidents have occasionally used the recess appointment power to circumvent
the confirmation process. In response, Congress has enacted provisions that restrict
the pay of recess appointees under certain circumstances. Because most potential
appointees to full-time positions cannot serve without a salary, the President has an
incentive to use his recess appointment authority in ways that allow them to be paid.
Under the provisions, if the position falls vacant while the Senate is in session and
the President fills it by recess appointment, the appointee may not be paid from the


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. William H. Frist, “Nominations to Remain in Status Quo,” Congressional
Record, daily edition, vol. 152, September 29, 2006, p. S10762.
14 Art. II, Sec. 2, cl. 3.

Treasury until he or she is confirmed by the Senate. However, the salary prohibition
does not apply (1) if the vacancy arose within 30 days before the end of the session;
(2) if a nomination for the office (other than the nomination of someone given a
recess appointment during the preceding recess) was pending when the Senate
recessed; or (3) if a nomination was rejected within 30 days before the end of the
session and another individual was given the recess appointment. A recess
appointment falling under any one of these three exceptions must be followed by a
nomination to the position not later than 40 days after the beginning of the next
session of the Senate.15 For this reason, when a recess appointment is made, the
President generally submits a new nomination for the nominee even when an old
nomination is pending.16 These provisions have been interpreted by the Department
of Justice to preclude payment of an appointee who is given successive recess
appointments to the same position.17
Although recess appointees whose nominations to a full term are subsequently
rejected by the Senate may continue to serve until the end of their recess
appointment, a recurring provision of the funding bill for the Department of the
Treasury and other agencies may prevent them from being paid after their rejection.18
Temporary Appointments
Congress has provided limited statutory authority for the temporary filling of
vacant positions requiring Senate confirmation. It is expected that, in general,
officials holding PAS positions who have been designated as “acting” are holding
their offices under this authority or other statutory authority specific to their agencies.
Under the Federal Vacancies Reform Act of 1998,19 when an executive agency
position requiring confirmation becomes vacant, it may be filled temporarily in 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


15 5 U.S.C. § 5503(a).
16 For further information, see CRS Report RS21308, Recess Appointments: Frequently
Asked Questions, by Henry B. Hogue; and CRS Report RL33009, Recess Appointments:
A Legal Overview, by T.J. Halstead.
17 15 Op. O.L.C. 93 (1991). See also 6 Op. O.L.C. 585 (1982); 41 Op. A.G. 463 (1960).
18 P.L. 110-161, Div. D, § 709. The provision reads, “Hereafter, no part of any appropriation
contained in this or any other Act shall be paid to any person for the filling of any position
for which he or she has been nominated after the Senate has voted not to approve the
nomination of said person.” This provision has been part of this funding bill since at least

1950.


19 5 U.S.C. §§ 3345-3349d.

does not begin to run until either 90 days after the President assumes office, or 90
days after the vacancy occurs, if it is within the 90-day inauguration period. The act
does not apply to positions on multi-headed regulatory boards and commissions and
to certain other specific positions that may be filled temporarily under other statutory
provisions.20
Appointments During the 109th Congress
Table 1 summarizes appointment activity, during the 109th Congress, related to
full-time positions in the 15 departments. President George W. Bush submitted to
the Senate 283 nominations to executive department full-time positions. Of these
283 nominations, 233 were confirmed; nine were withdrawn; and 41 were returned
to the President under the provisions of Senate rules.21
President Bush made a total of 13 recess appointments to the departments during
this period. All 13 were made during recesses within the first or second session of
the 109th Congress (intrasession recess appointments). None were made during theth
recess between the first and second sessions of the 109 Congress (intersession
recess appointments).
Table 1. Appointment Action for 15 Departments During the
109th Congress
Positions in the 15 departments (total)358
Positions to which nominations were made248
Individual nominees259
Nominations submitted to the Senate during the 109th Congress (total)283
Disposition of nominations
Confirmed by the Senate233
W ithd r awn 9
Returned (total)41
Beginning of the summer 2005 recess1
End of the 1st session of the 109th Congress1
Beginning of the summer 2006 recess6
Beginning of the autumn 2006 recess5
End of the 2nd session of the 109th Congress28
Recess Appointments (total)13
Intersession 0
Intr asession 13


20 For more on the Vacancies Act, see CRS Report 98-892, The New Vacancies Act:
Congress Acts to Protect the Senate’s Confirmation Prerogative, by Morton Rosenberg.
21 Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate provides that
“Nominations neither confirmed not rejected during the session at which they are made shall
not be acted upon at any succeeding session without being again made to the Senate by the
President; and if the Senate shall adjourn or take a recess for more than thirty days, all
nominations pending and not finally acted upon at the time of taking such adjournment or
recess shall be returned by the Secretary to the President, and shall not again be considered
unless they shall again be made to the Senate by the President.”

Length of Time to Confirm a Nomination
The length of time a given nomination may be pending in the Senate has varied
widely. Some nominations have been confirmed within a few days; others have been
confirmed within several months; and some have never been confirmed. This report
provides, for each executive department nomination that was confirmed in the 109th
Congress, the number of days between nomination and confirmation (“days to
confirm”). For those nominations that were confirmed, an average of 75 days
elapsed between nomination and confirmation. The median number of days elapsed
was 57. These statistics exclude days during summer recesses and between sessions
of Congress. This cutoff point is suggested by the Senate rules, which provide that
“if the Senate shall adjourn or take recess for more than thirty days, all nominations
pending and not finally acted upon” shall be returned to the President, although this
rule is often waived.22 The 33 days during the summer 2005 recess, the 11 days
between the first and second sessions of the 109th Congress, and the 31 days during
the summer 2006 recess were subtracted from the “days to confirm” for those
nominations that spanned one or more of these recesses. The sole exception was a
39-day recess during October and November 2004. In order to maintain consistency
with similar reports for previous Congresses, no days were subtracted for this recess.
Organization of This Report
Executive Department Profiles. Each of the 15 executive department
profiles provided in this report is organized into two parts: a table providing
information, as of the end of the 109th Congress, regarding the organization’s full-
time PAS positions, and a table listing nominations and appointments to these
positions during the 109th Congress. Data for these tables were collected from
several authoritative sources.23
The first of these two tables identifies, as of the end of the 109th Congress, each
full-time PAS position in the department,24 its incumbent, and its pay level. An
incumbent’s name followed by “(A)” indicates an official who was, at that time,


22 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 106th
Cong., 1st sess., S. Doc. 106-1 (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.
23 Sources include the Senate nominations database of the Legislative Information System
[http://www.congress.gov/nomis/], the Congressional Record (daily edition), the Weekly
Compilation of Presidential Documents, telephone discussions with agency officials, agency
websites, the United States Code, and the “Plum Book” (U.S. Congress, House Committee
on Government Reform, United States Government Policy and Supporting Positions,thnd
committee print, 108 Cong., 2 sess., Committee Print, November 22, 2004 (Washington:
GPO, 2004)).
24 As noted above, the following full-time positions are not included in this report: U.S.
Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and
diplomatic positions in the Department of State; most officer corps positions in the civilian
uniformed services of the National Oceanic and Atmospheric Administration in the
Department of Commerce, and of the Public Health Service in the Department of Health and
Human Services; and the officer corps in the military services.

serving in an acting capacity. A blank space indicates either that the position was
vacant or that information about the position-holder was not available. For most
presidentially appointed positions requiring Senate confirmation, the pay levels fall
under the Executive Schedule, which, as of January 2007, ranged from level I
($186,600) for cabinet level offices to level V ($136,200) for the lowest-ranked
positions.
The appointment action table provides, in chronological order, information
concerning each nomination and recess appointment. It shows the name of the
nominee, position involved, date of nomination or appointment, date of confirmation,
and number of days between receipt of a nomination and confirmation. Actions other
than confirmation (i.e., nominations returned to or withdrawn by the President) are
also noted. Some individuals were nominated more than once for the same position,
either because the first nomination was returned to the President or because of a
recess appointment. When a nominee is awaiting Senate action and he or she is
given a recess appointment, a second, follow-up, nomination is usually submitted to
comply with the requirements of 5 U.S.C. § 5503(b), as discussed above, under
“Recess Appointments.”
Each appointment action table provides the average “days to confirm” in two
ways: mean and median. The mean is determined by calculating, for each confirmed
nomination, the number of days between the nomination and confirmation dates,
determining the cumulative total of these days, and dividing the result by the number
of nominations confirmed. The median is the middle number when the “days to
confirm” data for all the confirmed nominations are arranged in numerical order.
Additional Appointment Information. Appendix A presents a table of all
nominations and recess appointments to positions in executive departments,
alphabetically organized, by last name, and following a similar format to that of the
department appointment action tables. It identifies the agency involved and the dates
of nomination and confirmation. The table also indicates if a nomination was
confirmed, withdrawn, or returned. The mean and median numbers of days taken to
confirm a nomination are also provided, calculated as described above.
Appendix B provides a table with summary information on appointments and
nominations, by department. For each of the 15 executive departments discussed in
this report, the table provides the number of positions, nominations, individual
nominees, confirmations, nominations returned, nominations withdrawn, and recess
appointments. The table also provides the mean and median numbers of days to
confirm a nomination.
Appendix C provides a table showing the dates of the Senate recesses for the

109th Congress and the number of recess appointments during each recess.


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



Department of Agriculture (USDA)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryMike JohannsI
Deputy SecretaryCharles F. ConnerII
Under Secretary - Farm and Foreign Agricultural ServicesFloyd D. GaiblerIII
Under Secretary - Food, Nutrition, and Consumer ServicesNancy M. JohnerIII
Under Secretary - Food SafetyRichard A. RaymondIII
Under Secretary - Marketing and Regulatory ProgramsBruce I. KnightIII
Under Secretary - Natural Resources and EnvironmentMark E. ReyIII
Under Secretary - Research, Education, and EconomicsGale A. BuchananIII
Under Secretary - Rural DevelopmentThomas C. DorrIII
Assistant Secretary - AdministrationBoyd K. RutherfordIV
Assistant Secretary - Civil RightsMargo M. McKayIV
Assistant Secretary - Congressional RelationsLinda A. StrachanIV
Chief Financial OfficeraCharles R. Christopherson Jr.IV
General CounselMarc L. KesselmanIV
Inspector GeneralbPhyllis K. FongIV
Administrator - Rural Utilities ServicesJames M. AndrewIV
a. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or
may be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)).
b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials
in the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for
any such removal to both Houses of Congress (5 U.S.C. App. § 3(b)).



USDA Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Mike JohannsSecretary 01/04/0501/20/0516
Thomas C. DorrUnder Secy. - Rural Development01/24/0507/21/05178
Charles F. ConnerDeputy Secy.03/14/0504/27/0544
Richard A. RaymondUnder Secy. - Food Safety05/26/0507/01/0536
James M. AndrewAdmin. - Rural Utilities Service09/06/0511/10/0565
Charles R.Chief Financial Officer09/08/0511/10/0563
Christopherson Jr.
Marc L. KesselmanGeneral Counsel11/16/0505/12/06166
Gale A. BuchananUnder Secy. - Research, Education, and01/18/0605/12/06114
Economics
Boyd K. RutherfordAsst. Secy. - Administration01/27/0605/12/06105
Linda A. StrachanAsst. Secy. - Congressional Relations02/17/0605/12/0684
Margo M. McKayAsst. Secy. - Civil Rights06/12/0608/03/0652
Nancy M. JohnerUnder Secy. - Food, Nutrition, and06/16/0608/03/0648
Consumer Services
Bruce I. KnightUnder Secy. - Marketing and06/29/0608/03/0635
Regulatory Programs
Mark E. KeenumUnder Secy. - Farm and Foreign11/13/06Returned 12/09/06a
Agricultural Services
Mean number of days to confirm a nomination77
Median number of days to confirm a nomination63
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Department of Commerce (DOC)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionaIncumbentPay level
SecretaryCarlos M. GutierrezI
Deputy SecretaryDavid A. SampsonII
Under Secretary - Economic AffairsCynthia A. GlassmanIII
Under Secretary - Export AdministrationMark Foulon (A)III
Under Secretary - Intellectual Property/Director - U.S. Patent and Jonathan W. DudasIII
Trademark Office
Under Secretary - International TradeFranklin L. LavinIII
Under Secretary - Oceans and Atmosphere/Administrator - NationalConrad C.III
Oceanic and Atmospheric Administration (NOAA)Lautenbacher Jr.
Under Secretary - TechnologyRobert C. CresantiIII
Assistant Secretary - Administration/Chief Financial OfficerbOtto J. WolffIV
Assistant Secretary - Communications and InformationJohn M. R. KneuerIV
Assistant Secretary - Economic DevelopmentSantanu K. BaruahIV
Assistant Secretary - Export AdministrationChristopher A. PadillaIV
Assistant Secretary - Export EnforcementDarryl W. JacksonIV
Assistant Secretary - Import AdministrationDavid M. SpoonerIV
Assistant Secretary - Legislative and Intergovernmental AffairsNathaniel F. WieneckeIV
Assistant Secretary - Manufacturing and ServicesAlbert A. Frink JrIV
Assistant Secretary - Market Access and ComplianceDavid S. BohigianIV
Assistant Secretary - Oceans and Atmosphere/Deputy Administrator - JohnJack” Kelly (A)IV
NOAA
Assistant Secretary - Technology PolicyIV
Assistant Secretary - Trade Promotion/Director General - U.S. andIsrael HernandezIV
Foreign Commercial Service
Director - Bureau of the CensusC. Louis KincannonIV
Director - National Institute of Standards and TechnologyWilliam A. JeffreyIV
General CounselJohn J. SullivanIV
Inspector GeneralcJohnnie E. FrazierIV
Chief Scientist - NOAAdV
a. Positions in this column do not include officer corps of the National Oceanic and Atmospheric Administration
( N O AA) .
b. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)). Wolff was separately nominated and confirmed to be CFO and to be Assistantth
Secretary for Administration in the 107 Congress.
c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. App. § 3(b)).
d. According to an agency spokesperson, this position has not been filled since 1996; there are currently no plans to fill
it.



DOC Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Carlos M. GutierrezSecretary01/04/0501/24/0520
David A. SampsonDeputy Secy.04/04/0507/22/05109
John J. SullivanGeneral Counsel05/09/0507/22/0574
William A. JeffreyDir. - National Institute of05/25/0507/22/0558
Standards and Technology
Israel HernandezAsst. Secy. - Trade05/26/0510/07/05101
Promotion/Dir. Gen. - U.S. and
Foreign Commercial Service
David H. McCormickUnder Secy. - Export06/28/0510/07/0568
Ad mi ni str a tio n
Darryl W. JacksonAsst. Secy. - Export06/28/0510/07/0568
Enfo rcement
Franklin L. LavinUnder Secy. - International07/29/0510/28/0558
Trade
Santanu K. BaruahAsst. Secy. - Economic09/06/0512/17/05102
Development
David S. BohigianAsst. Secy. - Market Access and10/06/0512/17/0572
Co mp lianc e
Robert C. CresantiUnder Secy. - Technology11/10/0503/16/06115
David M. SpoonerAsst. Secy. - Import11/10/0512/17/0537
Ad mi ni str a tio n
John G. EmlingAsst. Secy. - Legislative and02/27/06Withdrawn 04/24/06
Intergovernmental Affairs
John M. R. KneuerAsst. Secy. - Communications05/01/0612/09/06191
and Information
Nathaniel F. WieneckeAsst. Secy. - Legislative and06/29/0608/03/0635
Intergovernmental Affairs
Christopher A. PadillaAsst. Secy. - Export07/13/0609/29/0647
Ad mi ni str a tio n
Cynthia A. GlassmanUnder Secy. - Economic Affairs08/03/0609/29/0626
Jane C. LuxtonAsst. Secy. - Oceans and09/29/06Returned 12/09/06a
At mo s p h e r e
Mean number of days to confirm a nomination74
Median number of days to confirm a nomination68
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Department of Defense (DOD)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryDonald RumsfeldI
Deputy SecretaryGordon EnglandII
Under Secretary - Acquisition, Technology, and LogisticsKenneth J. KriegII
Under Secretary - Comptroller/Chief Financial OfficeraTina W. JonasIII
Under Secretary - Intelligence James R. ClapperIII
Under Secretary - Personnel and ReadinessDavid S. C. ChuIII
Under Secretary - PolicyEric S. EdelmanIII
Deputy Under Secretary - Acquisition and TechnologyJames I. FinleyIII
Deputy Under Secretary - Logistics and Materiel ReadinessP. Jackson BellIII
Principal Deputy Under Secretary - Personnel and ReadinessMichael L. DominguezIV
Principal Deputy Under Secretary - Policy Christopher R. HenryIV
Assistant Secretary - Health AffairsWilliam WinkenwerderIV
Assistant Secretary - Homeland Defense Paul McHaleIV
Assistant Secretary - International Security AffairsPeter W. RodmanIV
Assistant Secretary - International Security PolicyPeter C. W. FloryIV
Assistant Secretary - Legislative AffairsRobert L. WilkieIV
Assistant Secretary - Networks and Information IntegrationJohn G. GrimesIV
Assistant Secretary - Public AffairsDorrance SmithIV
Assistant Secretary - Reserve AffairsThomas F. HallIV
Assistant Secretary - Special Operations and Low-Intensity ConflictThomas W. O’ConnellIV
Director - Defense Research and EngineeringJohn J. Young Jr.IV
Director - Operational Test and EvaluationCharles E. McQuearyIV
General CounselWilliam J. Haynes IIIV
Inspector GeneralbThomas F. GimbleIV
Assistant to the Secretary - Nuclear and Chemical and BiologicalDale KleinV
Defense Programs
Department of the Air Force
SecretaryMichael W. WynneII
Under SecretaryRonald M. SegaIV
Assistant Secretary - AcquisitionSue C. PaytonIV
Assistant Secretary - Financial Management/ComptrollerJohn C. Vonglic (A)IV
Assistant Secretary - Manpower and Reserve AffairsCraig W. Duehring (A)IV
Assistant Secretary - Installations, Environment, and LogisticsWilliam C. AndersonIV
General CounselMary L. WalkerIV



PositionIncumbentPay level
Department of the Army
SecretaryFrancis J. HarveyII
Under SecretaryPreston M. GerenIV
Assistant Secretary - Civil WorksJohn P. Woodley Jr.IV
Assistant Secretary - Financial Management/ComptrollerNelson M. FordIV
Assistant Secretary - Installations and EnvironmentKeith E. EastinIV
Assistant Secretary - Manpower and Reserve AffairsRonald J. JamesIV
Assistant Secretary - Acquisition, Logistics, and TechnologyClaude M. BoltonIV
General CounselBenedict S. CohenIV
Department of the Navy
SecretaryDonald C. WinterII
Under SecretaryDionel M. Aviles IV
Assistant Secretary - Financial Management/ComptrollerRichard Greco Jr.IV
Assistant Secretary - Installations and EnvironmentBuddie J. PennIV
Assistant Secretary - Manpower and Reserve AffairsWilliam H. Navas Jr.IV
Assistant Secretary - Research, Development, and AcquisitionDelores M. EtterIV
General CounselFrank R. Jimenez IV
Joint Chiefs of Staffc
(Members
of the JointChairmanPeter Pace
Chiefs of
Staff areVice ChairmanEdmund P. Giambastiani Jr.
comp en-
sated underChief of Staff (Air Force)T. Michael Moseley
the military
payChief of Staff (Army)Peter J. Schoomaker
syste m,
rather thanChief of Naval OperationsMichael G. Mullen
the
executiveCommandant of the Marine CorpsJames T. Conway
sc he d ule . )
a. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for otherth
positions (31 U.S.C. § 901(a)(1)). In the 108 Congress, Jonas was confirmed to be Under Secretary of
Defense/Comptroller, and she also served as CFO.
b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. App. § 3(b)).
c. The chairman and vice chairman serve two-year terms; other members serve four-year terms.



DOD Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionsNominatedConfirmedconfirm
Peter C. W. FloryAsst. Secy. - International Security Policy01/24/05Returned 12/09/06a
John P. Woodley Jr.Asst. Secy. - Army - Civil Works 01/24/0505/12/05108
Buddie J. PennAsst. Secy. - Navy - Installations and01/24/0502/17/0524
E nvi r o nme nt
Michael G. MullenChief of Naval Operations - Joint Chiefs of03/02/0504/28/0557
Staff
Michael W. WynneUnder Secy. - Acquisition, Technology andRecess Appointment 04/01/05b
Lo gistics
Kenneth J. KriegUnder Secy. - Acquisition, Technology and04/04/0505/26/0552
Lo gistics
Gordon EnglandDeputy Secy.04/07/0504/06/06320
Peter PaceChairman - Joint Chiefs of Staff04/25/0507/15/0581
Edmund P. GiambastianiVice Chairman - Joint Chiefs of Staff04/25/0507/15/0581
Jr.
T. Michael MoseleyChief of Staff - Air Force - Joint Chiefs of05/16/0506/30/0545
Staff
Daniel R. StanleyAsst. Secy. - Legislative Affairs 05/16/0506/30/0545
Eric S. EdelmanUnder Secy. - Policy05/16/0502/09/06225
William C. AndersonAsst. Secy. - Air Force - Installations,05/26/0510/28/05122
Environment, and Logistics
John G. GrimesAsst. Secy. - Networks and Information06/16/0510/28/05101
I ntegr atio n
P. Jackson BellDeputy Under Secy. - Logistics and06/28/0507/29/0531
Materiel Readiness
Ronald M. SegaUnder Secy. - Air Force 06/28/0507/29/0531
Keith E. EastinAsst. Secy. - Army - Installations and06/29/0507/29/0530
E nvi r o nme nt
John J. Young Jr.Dir. - Defense Research and Engineering07/28/0510/28/0559
Peter C. W. FloryAsst. Secy. - International Security PolicyRecess Appointment 08/02/05 c
Eric S. EdelmanUnder Secy. - PolicyRecess Appointment 08/09/05d
Michael W. WynneSecretary - Air Force09/06/0510/28/0552
Donald C. WinterSecretary - Navy09/06/0511/10/0565
Delores M. EtterAsst. Secy. - Navy - Research,09/06/0510/28/0552
Development, and Acquisition
Peter C. W. FloryAsst. Secy. - International Security Policy09/19/05Returned 12/09/06a
Eric S. EdelmanUnder Secy. - Policy09/19/05Returned 12/09/06a
Dorrance SmithAsst. Secy. - Public Affairs09/22/0504/07/06186
Michael L. DominguezPrincipal Deputy Under Secy. - Personnel12/13/0506/29/06187


and Readiness

Nominee/Days to
recess appointeePositionsNominatedConfirmedconfirm
James I. FinleyDeputy Under Secy. - Acquisition and12/20/0502/17/0648
T e c hno l o gy
Gordon EnglandDeputy Secy.Recess Appointment 01/04/06e
Dorrance SmithAsst. Secy. - Public AffairsRecess Appointment 01/04/06e
Preston M. GerenUnder Secy. - Army01/18/0602/17/0630
Benedict S. CohenGeneral Counsel - Army02/06/0608/03/06178
Dorrance SmithAsst. Secy. - Public Affairs02/10/06Returned 12/09/06a
Gordon EnglandDeputy Secy.02/10/06Returned 12/09/06a
Anita K. BlairAsst. Secy. - Air Force - Manpower and04/24/06Returned 12/09/06a
Reserve Affairs
Sue C. PaytonAsst. Secy. - Air Force - Acquisition04/25/0607/21/0687
David H. LaufmanInspector General06/05/06Withdrawn 12/06/06
James T. ConwayCommandant - Marine Corps - Joint Chiefs06/14/0608/02/0649
of Staff
Robert L. WilkieAsst. Secy. - Legislative Affairs06/26/0609/29/0664
Frank R. JimenezGeneral Counsel - Navy06/29/0609/21/0653
Charles E. McQuearyDir. - Operational Test and Evaluation06/29/0607/21/0622
Ronald J. JamesAsst. Secy. - Army - Manpower and Reserve07/21/0609/29/0639
Affa i r s
Nelson M. FordAsst. Secy. - Army - Financial08/03/0609/29/0626
Mana ge me nt/Co mp tr o ller
Robert M. GatesSecretary12/04/0612/06/062
Michael J. BurnsAsst. to the Secretary - Nuclear and12/06/06Returned 12/09/06a
Chemical and Biological Defense Programs
Mean number of days to confirm a nomination80
Median number of days to confirm a nomination53
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate. th
b. Wynnes recess appointment would have expired at the end of the second session of the 109 Congress, by which time
he had been confirmed for another position, as shown.th
c. Florys recess appointment expired at the end of the second session of the 109 Congress.th
d. Edelmans recess appointment would have expired at the end of the second session of the 109 Congress, by which time
he had been confirmed, as shown.th
e. England’s and Smiths recess appointments would have ended at the end of the first session of the 110 Congress, by
which time they had each been confirmed, as shown.



Department of Education (ED)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryMargaret SpellingsI
Deputy SecretaryRaymond J. SimonII
Director - Institute of Education SciencesaGrover J. WhitehurstII
Under SecretaryDavid Dunn (A)III
Chief Financial OfficerbLawrence A. WarderIV
Assistant Secretary - Civil RightsStephanie J. MonroeIV
Assistant Secretary - Communications and OutreachLauren M. MaddoxIV
Assistant Secretary - Elementary and Secondary EducationHenry L. JohnsonIV
Assistant Secretary - Legislation and Congressional AffairsTerrell HalaskaIV
Assistant Secretary - ManagementMichell C. ClarkIV
Assistant Secretary - Planning, Evaluation and Policy DevelopmentKerri L. Briggs (A)IV
Assistant Secretary - Postsecondary EducationJames F. Manning (A)IV
Assistant Secretary - Special Education and Rehabilitative ServicesJohn H. HagerIV
Assistant Secretary - Vocational and Adult Education Troy R. JustesenIV
General CounselKent D. TalbertIV
Inspector GeneralcJohn P. Higgins Jr.IV
Commissioner - Education StatisticsdMark S. SchneiderIV
Commissioner - Rehabilitation Services AdministrationP. Edward Anthony (A)V
a. This position has a six-year term and specified qualifications. See 20 U.S.C. § 9514(b, d).
b. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)).
c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
d. This position has a six-year term and specified qualifications. See 20 U.S.C. § 9517(b).



ED Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Margaret SpellingsSecretary01/04/0501/20/0516
Raymond J. SimonDeputy Secy.04/15/0505/26/0541
Kevin F. SullivanAsst. Secy. - Communications and Outreach04/28/0507/28/0591
Tom LuceAsst. Secy. - Planning, Evaluation and Policy05/23/0506/30/0538
Development
Henry L. JohnsonAsst. Secy. - Elementary and Secondary06/06/0507/28/0552
Ed ucatio n
Stephanie J. MonroeAsst. Secy. - Civil Rights 06/23/0512/17/05144
Terrell HalaskaAsst. Secy. - Legislation and Congressional06/29/0507/28/0529
Affa i r s
Mark S. SchneiderCommissioner - Education Statistics07/27/0510/21/0553
Kent D. TalbertGeneral Counsel 09/28/0505/19/06222
Michell C. ClarkAsst. Secy. - Management12/13/0503/13/0679
Lawrence A. WarderChief Financial Officer04/25/0607/26/0692
Troy R. JustesenAsst. Secy. - Vocational and Adult Education05/08/0607/26/0679
Sara A. TuckerUnder Secy.09/05/0612/09/0695
Lauren M. MaddoxAsst. Secy. - Communications and Outreach09/07/0609/21/0614
Mean number of days to confirm a nomination75
Median number of days to confirm a nomination66



Department of Energy (DOE)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretarySamuel W. BodmanI
Deputy SecretaryJ. Clay SellII
Under SecretaryDavid K. GarmanIII
Under Secretary - Nuclear Security/Administrator - National NuclearLinton F. BrooksIII
Security Administration (NNSA)
Under Secretary - ScienceaRaymond L. OrbachIII
Principal Deputy Administrator - NNSA IV
Deputy Administrator - Defense Programs, NNSAThomas P. D’AgostinoIV
Deputy Administrator - Defense Nuclear Nonproliferation, NNSAWilliam H. TobeyIV
Administrator - Energy Information AdministrationGuy F. CarusoIV
Assistant Secretary - Congressional and Intergovernmental AffairsJill L. SigalIV
Assistant Secretary - Electricity Delivery and Energy ReliabilitybIV
Assistant Secretary - Energy Efficiency and Renewable EnergyAlexander A. KarsnerIV
Assistant Secretary - Environmental ManagementJames A. RispoliIV
Assistant Secretary - Fossil EnergyJeffrey D. JarrettIV
Assistant Secretary - International Affairs and Domestic PolicyKaren A. HarbertIV
Assistant Secretary - Nuclear EnergycDennis R. SpurgeonIV
Chief Financial OfficerdSteve IsakowitzIV
Director - Office of Civilian Radioactive Waste ManagementEdward F. Sproat IIIIV
Director - Office of Minority Economic Impact and DiversityTheresa Alvillar-SpeakeIV
Director - Office of ScienceRaymond L. OrbachIV
General CounselDavid R. HillIV
Inspector GeneraleGregory H. FriedmanIV
a. The position of Under Secretary - Science in the Department of Energy was established by P.L. 109-58, Title X, §th
1006(a) (119 Stat. 930), and filled for the first time during the 109 Congress, as shown.
b. The position of Assistant Secretary for Electricity Delivery and Energy Reliability was previously titled Assistant
Secretary for Environment, Safety and Health. In 2005, the Office of Electricity Delivery and Energy Reliability
was created by the Secretary of Energy at the recommendation of Congress, and it was initially headed by a director,
Kevin Kolevar. On September 26, 2005, Kolevar was nominated to be the Assistant Secretary, and his nomination
was returned to the President at the end of the 109th Congress. Kolevar was renominated for, and confirmed to,
the position during the first session of the 110th Congress. Kolevar continued as Director of the Office of
Electricity Delivery and Energy Reliability until he was appointed as Assistant Secretary.
c. The Energy Policy Act of 2005 established an additional assistant secretary in the Department of Energy. The law also
stated that it was the sense of Congress that the leadership for departmental missions in nuclear energy should be
at the Assistant Secretary level” (P.L. 109-58, § 1006(b); 119 Stat. 931). This new position was subsequently
denominated the Assistant Secretary for Nuclear Energy. An assistant secretary position with a similar title had
previously existed. In 1993, however, this assistant secretary slot was used for an Assistant Secretary for Human
Resources and Administration. According to the United States Government Manual, the Department of Energy did
not have an Assistant Secretary for Nuclear Affairs during the intervening years.



d. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)).
e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).



DOE Appointment Action During 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Samuel W. BodmanSecretary01/04/0501/31/0527
J. Clay SellDeputy Secy.02/28/0503/17/0517
David K. GarmanUnder Secy.03/04/0506/15/05103
David R. HillGeneral Counsel04/14/0507/28/05105
Jill L. SigalAsst. Secy. - Congressional and05/09/0507/28/0580
Intergovernmental Affairs
James A. RispoliAsst. Secy. - Environmental Management05/17/0507/29/0573
Jeffrey D. JarrettAsst. Secy. - Fossil Energy 09/06/0512/17/05102
Edward F. Sproat IIIDir. - Office of Civilian Radioactive Waste09/08/0505/26/06249
M a na ge me nt
Raymond L. OrbachUnder Secy. - Science12/13/0505/26/06153
Alexander A. KarsnerAsst. Secy. - Energy Efficiency and12/21/0503/16/0674
Renewable Energy
Thomas P.Deputy Admin. - Defense Programs, NNSAa01/27/0602/17/0621
D’Ago stino
Dennis R. SpurgeonAsst. Secy. - Nuclear Energy02/13/0603/27/0642
William H. TobeyDeputy Admin. - Defense Nuclear05/11/0608/03/0684
Nonproliferation, NNSA
Kevin M. KolevarAsst. Secy. - Electricity Delivery and Energy09/26/06Returned 12/09/06b
Reliab ility
Mean number of days to confirm a nomination87
Median number of days to confirm a nomination80
a. NNSA: National Nuclear Security Administrationth
b. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Department of Health and Human Services (HHS)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionaIncumbentPay level
SecretaryMichael O. LeavittI
Deputy SecretaryAlex Azar IIII
Administrator - Centers for Medicare & Medicaid ServicesLeslie V. Norwalk (A)III
Administrator - Substance Abuse and Mental Health ServicesIV
Ad mi ni str a tio n
Assistant Secretary - AgingJosefina G. CarbonellIV
Assistant Secretary - Children and Families Wade F. HornIV
Assistant Secretary - LegislationVincent J. Ventimiglia Jr.IV
Assistant Secretary - Budget, Technology, and Finance/ChiefbCharles E. JohnsonIV
Financial Officer
Assistant Secretary - Planning and EvaluationIV
Assistant Secretary - Public AffairsSuzanne C. DeFrancisIV
c
Assistant Secretary - HealthJohn O. Agwunobi
Commissioner - Food and Drug AdministrationAndrew C. vonIV
Eschenbach (A)
Director - National Institutes of HealthElias A. ZerhouniIV
General CounselDaniel MeronIV
Inspector GeneraldDaniel R. LevinsonIV
Commissioner - Children, Youth, and FamiliesJoan E. OhlV
Commissioner - Administration for Native AmericansQuanah C. StampsV
Director - Indian Health ServiceseCharles W. GrimV
Surgeon GeneralfKenneth P. Moritsugu (A)g
a. The positions in this column do not include officers of the U.S. Public Health Service Commissioned Corps, except in
cases where such a commission is incident to the position listed.
b. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)). Department representatives have indicated that the positions were combined as
noted in the table.
c. The Assistant Secretary for Health is compensated as a commissioned officer at Level 0-10 (37 U.S.C. § 201).
d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
e. This position has a four-year term; a Director may serve more than one term. See 25 U.S.C. § 1661(a).
f. This position has a four-year term and specified qualifications. See 42 U.S.C. § 205.
g. The Surgeon General is compensated as a commissioned officer at Level 0-9 (37 U.S.C. § 201).



HHS Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Michael O. LeavittSecretary01/04/0501/26/0522
Daniel R. LevinsonInspector General01/24/0506/08/05135
Lester M. CrawfordCommissioner - Food and Drug02/15/0507/18/05153
Ad mi ni str a tio n
Suzanne C. DeFrancisAsst. Secy. - Public Affairs04/04/0507/22/05109
Alex Azar IIDeputy Secy.04/19/0507/22/0594
Charles E. JohnsonAsst. Secy. - Budget, Technology, and Finance04/25/0507/22/0588
John O. AgwunobiAsst. Secy. - Health06/29/0512/17/05138
Vincent J. Ventimiglia Asst. Secy. - Legislation07/18/0512/21/05123
Jr.
Daniel MeronGeneral Counsel11/16/05Returned 12/09/06a
Andrew C. vonCommissioner - Food and Drug03/15/0612/07/06236
Eschenbach Ad mi ni str a tio n
Daniel MeronGeneral CounselRecess appointment 08/31/06b
Daniel MeronGeneral Counsel09/07/06Returned 12/09/06a
Terry L. ClineAdmin. - Substance Abuse and Mental Health11/13/0612/09/0626
Services Administration
Mean number of days to confirm a nomination112
Median number of days to confirm a nomination116
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate. th
b. Merons recess appointment expired at the end of the first session of the 110 Congress.



Department of Homeland Security (DHS)
Full-time PAS Positions,
as of the End of the 109th Congressa
PositionbIncumbentPay level
SecretaryMichael ChertoffI
Deputy SecretaryMichael P. JacksonII
Under Secretary - PreparednessGeorge W. ForesmanIII
Under Secretary - Science and TechnologyJay M. CohenIII
c
Under Secretary - Border and Transportation SecurityIII
Under Secretary - Federal Emergency ManagementR. David PaulisonIII
Under Secretary - ManagementL. Scott Charbo (A)III
Director - U.S. Citizenship and Immigration ServicesdEmilio T. Gonzalez III
Commissioner - U.S. Customs and Border ProtectioneW. Ralph BashamIII
Assistant Secretary - U.S. Immigration and Customs EnforcementfJulie L. MyersIV
Assistant Secretary - Policy Stewart A. BakerIV
Assistant Secretary - Transportation Security AdministrationEdmund S. “Kip” HawleyIV
Chief Financial OfficergDavid L. NorquistIV
General CounselPhilip J. PerryIV
Inspector GeneralhRichard L. SkinnerIV
Commandant of the Coast Guard Thad W. AllenAdmirali
Director - Office of Counternarcotics EnforcementjUttam DhillonIV
Assistant Secretary - Grants and TrainingkCorey D. Gruber (A)IV
United States Fire Administrator Charlie Dickinson (A)IV
a. The Post-Katrina Emergency Management Reform Act of 2006 (Title VI of P.L.109-295), enacted October 4, 2006,
included provisions that established, abolished, and changed certain advice and consent positions at DHS. Mostth
of these provisions were not implemented until 2007, during the 110 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 positions in use at the end of theth
109 Congress are shown. Some assistant secretary positions previously created under this authority, such as the
Assistant Secretary for Border and Transportation Security Policy, no longer exist, as such.
c. This position (provided for at 6 U.S.C. § 113 and § 201) was not funded or filled as of FY2006.
d. This position was formerly titled Director of the Bureau of Citizenship and Immigration Services.
e. This position was formerly titled Commissioner of Customs.
f. This position was formerly titled Assistant Secretary of the Bureau of Immigration and Customs Enforcement.
g. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)).
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 heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
i. The Commandant of the Coast Guard is compensated as a commissioned officer with the rank of Admiral at Level 0-10
(37 U.S.C. § 201).
j. The position of Director - Office of Counternarcotics Enforcement in the Department of Homeland Security was
established by P.L.108-458, Title VII, Subtitle D, § 7407(a) (118 Stat. 3853), and filled for the first time during theth
109 Congress, as shown.
k. This position was formerly titled Executive Director - Office of State and Local Government Coordination and
P r eparedness.



DHS Appointment Action During 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Michael ChertoffSecretary01/31/0502/15/0515
Michael P. JacksonDeputy Secy.02/18/0503/10/0520
Philip J. PerryGeneral Counsel04/04/0506/08/0565
Richard L. SkinnerInspector General04/28/0507/28/0591
Edmund S. HawleyAsst. Secy. - Transportation Security05/19/0507/22/0564
Ad mi ni str a tio n
Julie L. MyersAsst. Secy. - U.S. Immigration and Customs06/29/05Returned 12/09/06a
Enfo rcement
Stewart A. BakerAsst. Secy. - Policy07/14/0510/07/0552
Tracy A. HenkeExec. Dir. - Office of State and Localb07/14/05Returned 08/03/06c
Government Coordination and Preparedness
Emilio T. GonzalezDir. - Bureau of Citizenship and Immigrationd09/06/0512/21/05106
Services
George W. ForesmanUnder Secy. - Preparedness10/21/0512/17/0557
Uttam DhillonDir. - Office of Counternarcotics11/10/0505/12/06172
Enfo rcement
Tracy A. HenkeExec. Dir. - Office of State and LocalbRecess appointment 01/04/06e
Government Coordination and Preparedness
Julie L. MyersAsst. Secy. - U.S. Immigration and CustomsRecess appointment 01/04/06c
Enfo rcement
David L. NorquistChief Financial Officer01/18/0605/26/06128
W. Ralph BashamCommissioner - Customsf01/31/0605/26/06115
Julie L. MyersAsst. Secy. - U.S. Immigration and Customs02/10/06Returned 12/09/06a
Enfo rcement
Tracy A. HenkeExec. Dir. - Office of State and Localb02/10/06Returned 08/03/06b
Government Coordination and Preparedness
R. David PaulisonUnder Secy. - Federal Emergency04/06/0605/26/0650
M a na ge me nt
Jay M. CohenUnder Secy. - Science and Technology06/28/0608/03/0636
Tracy A. HenkeExec. Dir. - Office of State and Localb09/05/06Withdrawn 12/06/06
Government Coordination and Preparedness
Paul A. SchneiderUnder Secy. - Management11/13/0612/09/0626
Gregory B. CadeAdmin. - U.S. Fire Administration12/05/06Returned 12/09/06a
Mean number of days to confirm a nomination71
Median number of days to confirm a nomination61
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate. th
b. By the end of the 109 Congress, this position had been retitled as Assistant Secretary for Grants and Training.
c. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



d. By the end of the 109th Congress, this position had been retitled Director of U.S. Citizenship and Immigration Services.th
e. Myerss and Henkes recess appointments would have ended at the end of the first session of the 110 Congress, by
which time Henke had resigned and Myers had been confirmed.th
f. By the end of the 109 Congress, this position had been retitled Commissioner of U.S. Customs and Border Protection.



Department of Housing and Urban Development (HUD)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryAlphonso R. JacksonI
Deputy SecretaryRomolo A. BernardiII
Director - Office of Federal Housing Enterprise OversightaJames B. Lockhart IIIII
Assistant Secretary - AdministrationKeith A. NelsonIV
Assistant Secretary - Community Planning and DevelopmentPamela H. PatenaudeIV
Assistant Secretary - Congressional and IntergovernmentalIV
Relatio ns
Assistant Secretary - Fair Housing and Equal OpportunityKim KendrickIV
Assistant Secretary - Housing/Federal Housing CommissionerBrian D. MontgomeryIV
Assistant Secretary - Policy Development and ResearchDarlene F. Williams IV
Assistant Secretary - Public AffairsIV
Assistant Secretary - Public and Indian HousingOrlando J. CabreraIV
Chief Financial OfficerbJohn W. CoxIV
General CounselRobert M. Couch (A)IV
Inspector GeneralcKenneth M. Donohue Sr.IV
President - Government National Mortgage AssociationRobert M. Couch IV
a. This position has a five-year term and specified qualifications. See 12 U.S.C. § 4512.
b. The chief financial officer (CFO)may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)).
c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).



HUD Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmed confirm
Pamela H. PatenaudeAsst. Secy. - Community Planning and01/24/0504/15/0581
Development
Brian D. MontgomeryAsst. Secy. - Housing/Federal Housing04/25/0506/13/0549
C o mmi s s i o n e r
Kim KendrickAsst. Secy. - Fair Housing and Equal06/29/0510/07/0567
Opportunity
Keith A. NelsonAsst. Secy. - Administration07/12/0510/07/0554
Darlene F. WilliamsAsst. Secy. - Policy Development and07/25/0510/07/0541
Research
Keith E. GottfriedGeneral Counsel 07/25/0510/07/0541
Orlando J. CabreraAsst. Secy. - Public and Indian Housing09/06/0511/04/0559
Robert M. CouchPres. - Government National Mortgage01/18/0606/15/06148
Asso c i a tio n
John W. CoxChief Financial Officer03/02/0605/26/0685
James B. Lockhart IIIDir. - Office of Federal Housing Enterprise04/27/0606/15/0649
Oversight
Scott A. KellerAsst. Secy. - Congressional and11/13/06Returned 12/09/06a
Intergovernmental Relations
Mean number of days to confirm a nomination67
Median number of days to confirm a nomination57
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Department of the Interior (DOI)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryDirk KempthorneI
Deputy SecretaryP. Lynn ScarlettII
a
Special Trustee for American IndiansRoss O. Swimmer
Assistant Secretary - Fish, Wildlife, and ParksDavid M. Verhey (A)IV
Assistant Secretary - Indian AffairsJames A. Cason (A)IV
Assistant Secretary - Land and Minerals ManagementC. Stephen AllredIV
Assistant Secretary - Policy, Management, and Budget/ChiefbR. Thomas WeimerIV
Financial Officer
Assistant Secretary - Water and ScienceMark A. LimbaughIV
Chairman - National Indian Gaming CommissioncPhilip N. HogenIV
Inspector GeneraldEarl E. DevaneyIV
SolicitorDavid L. BernhardtIV
Director - National Park ServiceMary A. BomarV
Director - Office of Surface Mining Reclamation and Enforcement Brent T. Wahlquist (A)V
Commissioner - Bureau of ReclamationRobert W. JohnsonV
Director - Bureau of Land ManagementKathleen B. ClarkeV
Director - U.S. Fish and Wildlife ServiceH. Dale HallV
Director - U.S. Geological SurveyMark MyersV
Commissioner - Indian AffairseV
a. The Special Trustee is to be paidat a rate determined by the Secretary to be appropriate for the position, but not less
than the rate of basic pay payable at Level II of the Executive Schedule...” (25 U.S.C. § 4042).
b. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other
positions (31 U.S.C. § 901(a)(1)). Weimer was confirmed as Assistant Secretary for Policy, Management, and
Budget, and also served as CFO.
c. This position has a three-year term, specified qualifications. The President’s removal power is limited. See 25 U.S.C.
§ 2704(b).
d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in
the departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any
such removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
e. This position (provided for at 25 U.S.C. § 1) has been vacant since 1981.



DOI Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
P. Lynne ScarlettDeputy Secy.02/18/0511/18/05240
R. Thomas WeimerAsst. Secy. - Policy, Management, and05/09/0512/21/05193
Budget
Mark A. LimbaughAsst. Secy. - Water and Science05/11/0507/22/0572
H. Dale HallDir. - U.S. Fish and Wildlife Service07/18/0510/07/0548
David L. BernhardtSolicitor11/18/05Returned 08/03/06a
Dirk KempthorneSecretary04/24/0605/26/0632
Mark MyersDir. - U.S. Geological Survey05/03/06Returned 08/03/06a
John R. CorrellDir. - Office of Surface Mining05/16/06Returned 08/03/06a
Reclamation and Enforcement
Robert W. JohnsonCommissioner - Bureau of Reclamation07/21/0609/29/0639
C. Stephen AllredAsst. Secy. - Land and Minerals08/01/0609/29/0628
M a na ge me nt
Carl J. ArtmanAsst. Secy. - Indian Affairs08/01/06Returned 12/09/06b
Mark MyersDir. - U.S. Geological Survey09/05/0609/15/0610
John R. CorrellDir. - Office of Surface Mining09/05/06Returned 12/09/06b
Reclamation and Enforcement
Mary A. BomarDir. - National Park Service09/05/0609/29/0624
David L. BernhardtSolicitor09/05/0609/29/0624
Mean number of days to confirm a nomination71
Median number of days to confirm a nomination36
a. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate. th
b. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Department of Justice (DOJ)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionaIncumbentPay level
Attorney GeneralAlberto R. GonzalesI
Deputy Attorney GeneralPaul J. McNultyII
Director - Federal Bureau of InvestigationbRobert S. Mueller IVII
Administrator of Drug EnforcementKaren P. TandyIII
Associate Attorney GeneralWilliam W. Mercer (A)III
Solicitor GeneralPaul D. ClementIII
Director - Bureau of Alcohol, Tobacco, Firearms and Explosives Michael J. Sullivan (A)III
Assistant Attorney General - Antitrust DivisionThomas O. BarnettIV
Assistant Attorney General - Civil DivisionPeter D. KeislerIV
Assistant Attorney General - Civil Rights DivisionWan J. KimIV
Assistant Attorney General - Criminal DivisionAlice S. FisherIV
Assistant Attorney General - Environment and Natural ResourcesSue Ellen WooldridgeIV
Divi sio n
Assistant Attorney General - Legislative AffairsJames H. Clinger (A)IV
Assistant Attorney General - National SecuritycKenneth L. WainsteinIV
Assistant Attorney General - Office of Justice ProgramsRegina B. SchofieldIV
Assistant Attorney General - Office of Legal CounselSteven G. Bradbury (A)IV
Assistant Attorney General - Office of Legal PolicyRachel L. BrandIV
Assistant Attorney General - Tax DivisionEileen J. O’ConnorIV
Administrator - Office of Juvenile Justice and Delinquency PreventionJ. Robert FloresIV
Deputy Administrator - Drug Enforcement AdministrationMichele M. LeonhartIV
Director - Bureau of Justice AssistanceDomingo S. HerraizIV
Director - Bureau of Justice StatisticsJeffrey L. SedgwickIV
Director - Community Relations ServicedSharee M. FreemanIV
Director - National Institute of JusticeGlenn R. Schmitt (A)IV
Director - Office for Victims of CrimeJohn W. GillisIV
Director - U.S. Marshals ServiceJohn F. ClarkIV
Inspector GeneraleGlenn A. FineIV
g
Special Counsel - Immigration-Related Unfair Employment Practicesf
Director - Violence Against Women OfficeMary B. Buchanan (A)V
a. Does not include U.S. attorney and U.S. marshal positions. The position of chief financial officer (CFO) is also not listed
here. Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-



confirmed CFOs for all of the major executive branch agencies (31 U.S.C. § 901(a)(1)), this provision is superseded
by 28 U.S.C. § 507. The latter section provides that the Assistant Attorney General for Administration, appointed by
the Attorney General with the approval of the President, shall be the CFO for the Department of Justice.
b. This position has a 10-year term. See 28 U.S.C. § 532 note.
c. The position of Assistant Attorney General for National Security in the Department of Justice was established by P.L. 109-th
177, § 506 (120 Stat. 247), and filled for the first time during the 109 Congress, as shown below.
d. This position has a four-year term. See 42 U.S.C. § 2000g.
e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
f. This position has a four-year term. See 8 U.S.C. § 1324b(c)(1).
g.The Special Counsel for Immigration-Related Unfair Employment Practices is entitled to receive compensation at a rate
not to exceed the rate now or hereafter provided for grade GS-17 of the General Schedule,” under 5 U.S.C. § 5332 (8
U.S.C. § 1324b(c)(3)).



DOJ Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Alberto R. GonzalesAttorney General01/04/0502/03/0530
Paul D. ClementSolicitor General03/14/0506/08/0586
Rachel L. BrandAsst. Atty. General - Office of Legal Policy04/04/0507/28/05115
Alice S. FisherAsst. Atty. General - Criminal Division04/04/0509/19/06458
Regina B. SchofieldAsst. Atty. General - Office of Justice04/04/0506/08/0565
Programs
Wan J. KimAsst. Atty. General - Civil Rights Division06/16/0511/04/05108
Timothy E. FlaniganDeputy Attorney General06/20/05Withdrawn 10/07/05
Sue Ellen WooldridgeAsst. Atty. General - Environment and Natural06/20/0511/10/05110
Resources Division
Alice S. FisherAsst. Atty. General - Criminal DivisionRecess Appointment 08/31/05a
Steven G. BradburyAsst. Atty. General - Office of Legal Counsel06/23/05Returned 12/21/05b
Thomas O. BarnettAsst. Atty. General - Antitrust Division09/06/0502/10/06146
Alice S. FisherAsst. Atty. General - Criminal Division09/19/05Returned 12/09/06c
John F. ClarkDir. - U.S. Marshals Service10/21/0503/16/06135
Paul J. McNultyDeputy Attorney General11/09/0503/16/06116
Sharee M. FreemanDir. - Community Relations Service12/20/0503/31/0690
Steven G. BradburyAsst. Atty. General - Office of Legal Counsel01/25/06Returned 09/29/06d
Jeffrey L. SedgwickDir. - Bureau of Justice Statistics01/31/0603/31/0659
Kenneth L. WainsteinAsst. Atty. General - National Security03/13/0609/21/06161
Divi sio n
William W. MercerAssociate Attorney General09/05/06Returned 12/09/06c
Steven G. BradburyAsst. Atty. General - Office of Legal Counsel11/14/06Returned 12/09/06c
Mean number of days to confirm a nomination 129
Median number of days to confirm a nomination 110
a. Fisher’s recess appointment would have expired at the end of the second session of the 109th Congress, by which time she
had each been confirmed, as shown.th
b. Returned to the President at the end of the first session of the 109 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.th
c. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
d. Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate.



Department of Labor (DOL)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryElaine L. ChaoI
Deputy SecretarySteven J. LawII
Assistant Secretary - Administration and ManagementPatrick PizzellaIV
Assistant Secretary - Congressional and Intergovernmental AffairsKristine A. IversonIV
Assistant Secretary - Disability Employment PolicyW. Roy GrizzardIV
Assistant Secretary - Employee Benefits Security AdministrationBradford P. Campbell (A)IV
Assistant Secretary - Employment and Training AdministrationEmily S. DeRoccoIV
Assistant Secretary - Employment Standards AdministrationVictoria A. LipnicIV
Assistant Secretary - Mine Safety and Health AdministrationRichard E. SticklerIV
Assistant Secretary - Occupational Safety and Health Administration Edwin G. Foulke Jr.IV
Assistant Secretary - Public AffairsRandolph J. ClerihueIV
Assistant Secretary - PolicyLeon R. Sequeira (A)IV
Assistant Secretary - Veterans Employment and Training ServiceCharles S. CiccolellaIV
Chief Financial OfficeraSamuel T. MokIV
Commissioner - Bureau of Labor StatisticsbPhilip L. Rones (A)IV
Inspector GeneralcGordon S. HeddellIV
SolicitorHoward M. RazelyIV
Administrator - Wage and Hour DivisionPaul DeCampV
Director - Womens BureaudShinae Chune
a. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other positions
(31 U.S.C. § 901(a)(1)).
b. This position has a four-year term. See 29 U.S.C. § 3.
c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
d. By statute, the incumbent must be a woman (29 U.S.C. § 12).
e. According to the 2004 Plum Book, the Director of the Womens Bureau was a Senior Level (SL) position (p. 109). With
regard to pay for such positions, the Plum Book states, “Pay for Senior Level positions ranges from 120 percent of basic
pay payable for GS-15, step 1, of the General Schedule to the rate of pay for level IV of the Executive Schedule. ... SL
employees are entitled to locality-based comparability payments for their respective pay area. The employee’s locality
rate of pay may not exceed the pay for level III of the Executive Schedule” (p. 219). See also 5 U.S.C. 5376 and 5
U.S.C. 5304(g)(2).



DOL Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Charles S. CiccolellaAsst. Secy. - Veterans Employment and05/17/057/29/0573
Training Service
Edwin G. Foulke Jr.Asst. Secy. - Occupational Safety and Health09/15/0503/13/06168
Ad mi ni str a tio n
Richard E. SticklerAsst. Secy. - Mine Safety and Health09/15/05Returned 08/03/06a
Ad mi ni str a tio n
Paul DeCampAdmin. - Wage and Hour Division01/31/06Returned 09/29/06b
Randolph J. ClerihueAsst. Secy. - Public Affairs08/01/0609/21/0620
Paul DeCampAdmin. - Wage and Hour DivisionRecess Appointment 08/31/06c
Richard E. SticklerAsst. Secy. - Mine Safety and Health09/05/06Returned 09/29/06b
Ad mi ni str a tio n
Paul DeCampAdmin. - Wage and Hour Division09/07/06Returned 09/29/06b
Richard E. SticklerAsst. Secy. - Mine Safety and HealthRecess Appointment 10/19/06d
Ad mi ni str a tio n
Leon R. SequeiraAsst. Secy. - Policy11/13/06Returned 12/09/06e
Paul DeCampAdmin. - Wage and Hour Division11/14/06Returned 12/09/06e
Richard E. SticklerAsst. Secy. - Mine Safety and Health11/14/06Returned 12/09/06e
Ad mi ni str a tio n
Mean number of days to confirm a nomination87
Median number of days to confirm a nomination73
a. Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate.
b. Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate.th
c. DeCamps recess appointment expired at the end of the first session of the 110 Congress.th
d. Stickler’s recess appointment expired at the end of the first session of the 110 Congress. th
e. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.



Department of State (DOS)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionaIncumbentPay level
SecretaryCondoleezza Rice I
Deputy SecretaryII
Deputy Secretary - Management and ResourcesbII
Under Secretary - Arms Control and International SecurityRobert JosephIII
Under Secretary - Economic, Business, and Agricultural AffairsJosette SheeranIII
Under Secretary - Democracy and Global AffairsPaula J. DobrianskyIII
Under Secretary - ManagementHenrietta H. ForeIII
Under Secretary - Political AffairsR. Nicholas BurnsIII
Under Secretary - Public Diplomacy and Public AffairsKaren P. HughesIII
Ambassador-at-Large - International Religious FreedomJohn V. Hanford IIIIII
Ambassador-at-Large/Director - Office to Monitor and CombatJohn R. MillerIV
Trafficking in Persons
Ambassador-at-Large - War Crimes IssuesJ. Clint WilliamsonIV
Ambassador-at-Large/Coordinator - CounterterrorismHenry CrumptonIV
Coordinator - U.S. Global AIDSMark R. DybulIV
Chief of ProtocolDonald B. EnsenatIV
Assistant Secretary - AdministrationRajkumar ChellarajIV
Assistant Secretary - African AffairsJendayi E. FrazerIV
Assistant Secretary - Consular AffairsMaura HartyIV
Assistant Secretary - Democracy, Human Rights, and LaborBarry F. LowenkronIV
Assistant Secretary - Diplomatic Security/Director - Office of cRichard J. GriffinIV
Foreign Missions
Assistant Secretary - East Asian and Pacific AffairsChristopher R. HillIV
Assistant Secretary - Economic, Energy and Business AffairsDaniel S. SullivanIV
Assistant Secretary - Educational and Cultural AffairsDina H. PowellIV
Assistant Secretary - European and Eurasian AffairsDaniel FriedIV
Assistant Secretary - Intelligence and ResearchRandall M. FortIV
Assistant Secretary - International Narcotics and Law EnforcementAnne W. PattersonIV
Affa i r s
Assistant Secretary - International OrganizationsKristen SilverbergIV
Assistant Secretary - International Security and NonproliferationJohn C. RoodIV
Assistant Secretary - Legislative AffairsJeffrey T. BergnerIV
Assistant Secretary - Near Eastern AffairsC. David WelchIV
Assistant Secretary - Oceans and International Environmental andClaudia A. McMurrayIV


Scientific Affairs

PositionaIncumbentPay level
Assistant Secretary - Political-Military AffairsJohn HillenIV
Assistant Secretary - Population, Refugees, and Migration AffairsEllen R. SauerbreyIV
Assistant Secretary - Public AffairsSean I. McCormackIV
Assistant Secretary - Resource Management/Chief Financial OfficerdBradford R. HigginsIV
Assistant Secretary - South and Central Asian AffairsRichard A. BoucherIV
Assistant Secretary - Verification, Compliance, and ImplementationPaula A. DeSutterIV
Assistant Secretary - Western Hemisphere AffairsThomas A. Shannon Jr.IV
Director General - Foreign Service eGeorge M. StaplesIV
Inspector GeneralfHoward J. KrongardIV
Legal AdviserJohn B. Bellinger III IV
International Organizations
U.S. Representative - United Nations (U.N.)John R. BoltonII
U.S. Representative - Organization of American StatesJohn F. Maistog
U.S. Deputy Representative - U.N. Alejandro D. Wolff III
U.S. Representative - Economic and Social Council - U.N.Richard T. MillerIV
U.S. Representative - Management and Reform -U.N.Mark D. WallaceIV
U.S. Alternative Representative - Special Political Affairs - U.N.Jackie Wolcott SandersIV
a. The positions in this column do not include chiefs of mission in overseas posts or Foreign Service officers. In addition,
certain officers of the State Department may be required to have certain qualifications. See 22 USCS § 2651a(g).
b. The position of Deputy Secretary - Management and Resources in the Department of State was established by P.L. 106-
553, § 404(a) (114 Stat. 2762A-96), enacted December 21, 2000. This position has never been filled.
c. Since 1998, each time an individual has been nominated to and confirmed for the position of Assistant Secretary for
Diplomatic Security, he has simultaneously been nominated to and confirmed for the position of Director of Foreign
M i ssio ns.
d. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other positions
(31 U.S.C. § 901(a)(1)). With regard to State Department appointments, since 2001, the same individual has been
separately and simultaneously nominated for, and confirmed to, the positions of CFO and Assistant Secretary for
Resource Management.
e. By law, incumbent must be a current or former career senior Foreign Service officer (22 U.S.C. § 3928).
f. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
g. The salary for the U.S. Representative to the Organization of American States is linked to the pay for Chiefs of Mission.
For this particular mission/ambassador, the salary is set based on the Executive Schedule Level III.



DOS Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Condoleezza RiceSecretary01/04/0501/26/0522
Howard J. KrongardInspector General01/24/0504/27/0593
Robert B. ZoellickDeputy Secretary02/10/0502/16/056
John B. Bellinger IIILegal Adviser02/14/0504/06/0551
R. Nicholas BurnsUnder Secy. - Political Affairs02/14/0503/17/0531
C. David WelchAsst. Secy. - Near Eastern Affairs02/14/0503/17/0531
Christopher R. HillAsst. Secy. - East Asian and Pacific Affairs03/04/0503/17/0513
Daniel FriedAsst. Secy. - European and Eurasian Affairs03/08/0504/28/0551
Robert JosephUnder Secy. - Arms Control and International03/14/0505/26/0573
Security
John R. BoltonU.S. Representative - U.N.03/17/05Returned 07/29/05a
Sean I. McCormackAsst. Secy. - Public Affairs04/04/0505/26/0552
Richard J. GriffinAsst. Secy. - Diplomatic Security04/28/0506/16/0549
Richard J. GriffinDir. - Office of Foreign Missions04/28/0506/16/0549
Dina H. PowellAsst. Secy. - Educational and Cultural Affairs04/28/0506/24/0557
Henrietta H. ForeUnder Secy. - Management05/11/0507/29/0579
Henry CrumptonAmbassador-at-Large/Coordinator -06/09/0507/29/0550
Co unt er ter r o r ism
John HillenAsst. Secy. - Political-Military Affairs06/28/0510/07/0568
Josette SheeranUnder Secy. - Economic, Business, and06/28/0507/29/0531
Agricultural Affairs
Karen P. HughesUnder Secy. - Public Diplomacy and Public06/29/0507/29/0530
Affa i r s
Kristen SilverbergAsst. Secy. - International Organizations06/29/0507/29/0530
Jendayi E. FrazerAsst. Secy. - African Affairs06/30/0507/29/0529
Barry F. LowenkronAsst. Secy. - Democracy, Human Rights, and07/28/0510/07/0538
Labor
John R. BoltonU.S. Representative - U.N. Recess appointment 08/01/05b
Ellen R. SauerbreyAsst. Secy. - Population, Refugees, and09/06/05Returned 12/09/06c
Migr atio n
Thomas A. Shannon Jr.Asst. Secy. - Western Hemisphere Affairs09/06/0510/07/0531
John R. BoltonU.S. Representative - U.N.09/19/05Returned 09/29/06d
Jeffrey T. BergnerAsst. Secy. - Legislative Affairs10/06/0511/04/0529
Alejandro D. Wolff U.S. Dep. Rep. - U.N.10/17/0511/18/0532
Anne W. PattersonAsst. Secy. - International Narcotics and Law10/19/0511/10/0522
Enforcement Affairs
Claudia A. McMurrayAsst. Secy. - Oceans and International11/16/0502/16/0681
Environmental and Scientific Affairs
Bradford F. Higgins Asst. Secy. - Resource Management12/13/0502/16/0654



Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Bradford F. Higgins Chief Financial Officer12/13/0502/16/0654
Ellen R. SauerbreyAsst. Secy. - Population, Refugees, and Recess appointment 01/04/06e
Migr atio n
Richard A. BoucherAsst. Secy. - South and Central Asian Affairs01/18/0602/17/0630
Mark D. WallaceU.S. Rep. - Management and Reform - U.N. 01/18/0603/16/0657
Jackie Wolcott SandersU.S. Rep. - Special Political Affairs - U.N.01/18/0602/16/0629
Rajkumar ChellarajAsst. Secy. - Administration01/25/0605/26/06121
Richard T. MillerU.S. Rep. - Economic and Social Council -01/25/0603/16/0650
U.N.
Ellen R. SauerbreyAsst. Secy. - Population, Refugees, and02/10/06Returned 12/09/06c
Migr atio n
George M. StaplesDir. General - Foreign Service03/02/0605/19/0678
J. Clint WilliamsonAmbassador-at-Large - War Crimes Issues04/06/0606/29/0684
Daniel S. SullivanAsst. Secy. - Economic, Energy and Business04/24/0605/26/0632
Affa i r s
Randall M. FortAsst. Secy. - Intelligence and Research06/12/0608/03/0652
John C. RoodAsst. Secy. - International Security and Non-07/12/0609/13/0632
p r o lifer atio n
Mark R. DybulCoordinator - U.S. Global AIDS07/18/0608/03/0616
John R. BoltonU.S. Representative - U.N.11/09/06Returned 12/09/06c
Mean number of days to confirm a nomination47
Median number of days to confirm a nomination49
a. Returned to the President at the beginning of a 33-day Senate recess under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate. th
b. Boltons recess appointment expired at the end of the second session of the 109 Congress.th
c. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.
d. Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate. th
e. Sauerbreys recess appointment expired at the end of the first session of the 110 Congress.



Department of Transportation (DOT)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryMary E. PetersI
Deputy SecretaryMaria CinoII
Under Secretary - Policy Jeffrey N. ShaneII
Administrator - Federal Aviation AdministrationaMarion BlakelyII
Administrator - Federal Highway AdministrationJ. Richard CapkaII
Administrator - Federal Motor Carrier Safety AdministrationJohn H. HillIII
Administrator - Federal Railroad AdministrationJoseph H. BoardmanIII
Administrator - Federal Transit AdministrationJames S. SimpsonIII
Administrator - Maritime AdministrationSean T. ConnaughtonIII
Administrator - National Highway Traffic Safety AdministrationNicole R. NasonIII
Administrator - Pipeline and Hazardous Materials Safety bThomas J. BarrettIII
Ad mi ni str a tio n
Administrator - Research and Innovative Technology AdministrationJohn Bobo (A)III
Administrator - Saint Lawrence Seaway Development CorporationcCollister Johnson Jr.IV
Assistant Secretary - Aviation and International AffairsAndrew B. SteinbergIV
Assistant Secretary - Budget and Programs/Chief Financial OfficerdPhyllis F. ScheinbergIV
Assistant Secretary - Governmental AffairsR. Shane KarrIV
Assistant Secretary - Transportation PolicyTyler D. DuvallIV
Deputy Administrator - Federal Aviation AdministrationeRobert A. SturgellIV
General CounselRosalind A. Knapp (A) IV
Inspector GeneralfCalvin L. ScovelIV
a. This position has a five-year term and specified qualifications. See 49 U.S.C. § 106.
b. The position of Administrator - Pipeline and Hazardous Materials Safety Administration in the Department of
Transportation was established by P.L. 108-426, Section 2(a) (118 Stat. 2423), and filled for the first time during theth
109 Congress, as shown. This position has specified qualifications.
c. This position has a seven-year term. See 33 U.S.C. § 982(a).
d. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other positions
(31 U.S.C. § 901(a)(1)). Scheinberg was confirmed as Assistant Secretary for Budget and Programs and designated
to serve as CFO.
e. This position has specified qualifications. See 49 U.S.C. § 106.
f. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).



DOT Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Joseph H. BoardmanAdmin. - Federal Railroad Administration03/17/0504/28/0542
Maria CinoDeputy Secy.04/06/0505/11/0535
Phyllis F. ScheinbergAsst. Secy. - Budget and Programs04/14/0504/28/0514
Ashok G. KaveeshwarAdmin. - Research and Innovative05/25/0506/30/0536
Technology Administration
James S. SimpsonAdmin. - Federal Transit Administration 01/18/0608/03/06197
R. Shane KarrAsst. Secy. - Governmental Affairs01/18/0605/26/06128
Tyler D. DuvallAsst. Secy. - Transportation Policy01/18/0605/26/06128
David C. SanbornAdmin. - Maritime Administration01/18/06Withdrawn 03/27/06
Nicole R. NasonAdmin. - National Highway Traffic Safety01/18/0605/26/06128
Ad mi ni str a tio n
Thomas J. BarrettAdmin. - Pipeline and Hazardous Materials01/25/0605/26/06121
Safety Administration
Andrew B. SteinbergAsst. Secy. - Aviation and International02/10/0609/29/06200
Affa i r s
J. Richard CapkaAdmin. - Federal Highway Administration03/07/0605/26/0680
John H. HillAdmin. - Federal Motor Carrier Safety05/16/0608/03/0679
Ad mi ni str a tio n
Sean T. ConnaughtonAdmin. - Maritime Administration06/28/0608/03/0636
Calvin L. ScovelInspector General07/13/0609/29/0647
Collister Johnson Jr.Admin. - Saint Lawrence Seaway09/05/0609/29/0624
Development Corporation
Mary E. PetersSecretary09/07/0609/29/0622
Mean number of days to confirm a nomination82
Median number of days to confirm a nomination63



Department of the Treasury (TREAS)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryHenry M. Paulson Jr.I
Deputy SecretaryRobert M. KimmittII
Commissioner of Internal RevenueaMark W. EversonIII
Comptroller of the CurrencybJohn C. DuganIII
Director - Office of Thrift SupervisioncJohn M. ReichIII
Under Secretary - Domestic FinanceRobert K. SteelIII
Under Secretary - Terrorism and Financial IntelligencedStuart A. LeveyIII
Under Secretary - International AffairsTimothy D. AdamsIII
Assistant Secretary - Economic PolicyPhillip L. SwagelIV
Assistant Secretary - Financial InstitutionsEmil W. Henry Jr.IV
Assistant Secretary - Financial MarketsAnthony W. RyanIV
Assistant Secretary - Intelligence and AnalysisJanice B. GardnerIV
Assistant Secretary - Management/Chief Financial Officer eSandra PackIV
Assistant Secretary - Public AffairsMichele A. DavisIV
Assistant Secretary - Tax PolicyEric SolomonIV
Assistant Secretary - Terrorist Financing Patrick M. O’BrienIV
Assistant Secretary - International AffairsfClay LoweryIV
Assistant Secretary - Legislative AffairsfKevin I. FromerIV
General CounselRobert F. HoytIV
Inspector GeneralgHarold DamelinIV
Inspector General for Tax AdministrationJ. Russell GeorgeIV
Chief Counsel - IRS/Assistant General Counsel for TaxDonald L. KorbV
Director of the MinthEdmund C. MoySLi
Treasurer of the United StatesAnna E. CabralSLi
a. This position has a five-year term and specified qualifications. See 26 U.S.C. § 7803(a)(1).
b. This position has a five-year term, and a limitation on the President’s removal power. See 12 U.S.C. § 2.
c. This position has a five-year term and specified qualifications. See 12 U.S.C. § 1462a(c).
d. The position of Under Secretary for Terrorism and Financial Crimes (called Under Secretary for Terrorism and Financial
Intelligence) was established by P.L. 108-447, Division H, Title II, § 222 (118 Stat. 3242). The Under Secretary was
the successor office to the Office of Enforcement, and the incumbent in that office, Stuart A. Levey, continued to serve.
e. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other positions
(31 U.S.C. § 901(a)(1)). Pack was confirmed for the position of Assistant Secretary for Management and designated
as CFO.
f. The U.S. Code provides that the department has two deputy under secretaries appointed by the President with the advice
and consent of the Senate. When appointing each Deputy Under Secretary, the President may designate the Deputy
Under Secretary as an Assistant Secretary (31 U.S.C. § 301(d)). In each of these two cases, the President did so.



g. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).
h. This position has a five-year term and a limitation on the President’s removal power. See 31 U.S.C. § 304.
i. According to the 2004 Plum Book, the Director of the United States Mint and the Treasurer of the United States were both
Senior Level positions (p. 142). With regard to pay for such positions, the Plum Book states, “Pay for Senior Level
positions ranges from 120 percent of basic pay payable for GS-15, step 1, of the General Schedule to the rate of pay
for level IV of the Executive Schedule. ... SL employees are entitled to locality-based comparability payments for their
respective pay area. The employee’s locality rate of pay may not exceed the pay for level III of the Executive
Schedule” (p. 219). See also 5 U.S.C. 5376 and 5 U.S.C. 5304(g)(2).



TREAS Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Harold DamelinInspector General01/24/0503/17/0552
John C. DuganComptroller of the Currency02/28/0507/29/05151
Timothy D. AdamsUnder Secy. - International Affairs04/06/0507/29/05114
Sandra L. PackAsst. Secy. - Management05/16/0507/29/0574
Janice B. GardnerAsst. Secy. - Intelligence and Analysis05/16/0507/28/0573
John M. ReichDir. - Office of Thrift Supervision05/25/05Withdrawn 06/06/05
Randal QuarlesUnder Secy. - Domestic Finance05/26/0507/29/0564
Philip D. MorrisonAsst. Secy. - Tax Policy05/26/05Withdrawn 10/07/05
John M. ReichDir. - Office of Thrift Supervision06/06/0507/29/0553
Kevin I. FromerDep. Under Secy. - Legislative Affairsa06/06/0507/29/0553
Patrick M. OBrienAsst. Secy. - Terrorist Financing06/29/0510/07/0567
Robert M. KimmitDeputy Secy.06/29/0507/29/0530
Emil W. Henry Jr.Asst. Secy. - Financial Institutions07/28/0510/07/0538
Terry NeeseDir. - Mint07/29/05Withdrawn 09/19/05
Clay LoweryDep. Under Secy. - International Affairsa09/06/0510/28/0552
Antonio FrattoAsst. Secy. - Public Affairs10/06/0512/17/0572
Eric SolomonAsst. Secy. - Tax Policy05/09/0612/09/06183
Henry M. Paulson Jr.Secretary06/19/0606/28/069
Edmund C. MoyDir. - Mint06/29/0607/26/0627
Robert K. SteelUnder Secy. - Domestic Finance09/06/0609/29/0623
Phillip L. SwagelAsst. Secy. - Economic Policy09/26/0612/09/0674
Michele A. DavisAsst. Secy. - Public Affairs09/28/0612/09/0672
Robert F. HoytGeneral Counsel09/29/0612/09/0671
Anthony W. RyanAsst. Secy. - Financial Markets11/13/0612/09/0626
Mean number of days to confirm a nomination66
Median number of days to confirm a nomination64
a. The U.S. Code provides that the department has two deputy under secretaries appointed by the President with the advice
and consent of the Senate. When appointing each Deputy Under Secretary, the President may designate the Deputy
Under Secretary as an Assistant Secretary (31 U.S.C. § 301(d)). In each of these two cases, the President did so.



Department of Veterans Affairs (DVA)
Full-time PAS Positions,
as of the End of the 109th Congress
PositionIncumbentPay level
SecretaryR. James NicholsonI
Deputy SecretaryGordon H. MansfieldII
Under Secretary - BenefitsaDaniel L. CooperIII
Under Secretary - HealthbMichael J. Kussman (A)III
Under Secretary - Memorial AffairsWilliam F. TuerkIII
Assistant Secretary - Congressional and Legislative AffairsThomas E. Harvey (A)IV
Assistant Secretary - Human Resources and AdministrationRobert A. Pittman IV
Assistant Secretary - Information and TechnologyRobert T. HowardIV
Assistant Secretary - Management/Chief Financial OfficercRobert J. HenkeIV
Assistant Secretary - Policy and PlanningPatrick W. DunneIV
Assistant Secretary - Public and Intergovernmental AffairsLisette M. MondelloIV
Chairman - Board of Veterans AppealsdJames P. TerryIV
General CounselPaul J. Hutter (A)IV
Inspector GeneraleGeorge J. OpferIV
a. This position had, at the end of the 109th Congress, a four-year term, limitations on the President’s removal power, and
specified qualifications. See 38 U.S.C. § 306. The provisions were repealed by the Veterans Benefits, Health Care,
and Information Technology Act of 2006, which was enacted December 22, 2006 (P.L. 109-461, § 210; 120 Stat.
3418). th
b. This position had, at the end of the 109 Congress, a four-year term, limitations on the President’s removal power, and
specified qualifications. See 38 U.S.C. § 305. The provisions were repealed by the Veterans Benefits, Health Care,
and Information Technology Act of 2006, which was enacted December 22, 2006 (P.L. 109-461, § 210; 120 Stat.
3418).
c. The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may
be designated by the President from among agency officials who have been confirmed by the Senate for other positions
(31 U.S.C. § 901(a)(1)). Department representatives have indicated that positions will be combined as noted in the
tab le.
d. This position has a six-year term and limitations on the President’s removal power. See 38 U.S.C. § 7101(b).
e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the
departments. In the case of the IG, however, the law provides that heshall communicate the reasons for any such
removal to both Houses of Congress (5 U.S.C. Appx. § 3(b)).



DVA Appointment Action During the 109th Congress
Nominee/Days to
recess appointeePositionNominatedConfirmedconfirm
Jim NicholsonSecretary01/04/0501/26/0522
Jonathan B. PerlinUnder Secy. - Health02/18/0504/28/0569
Robert J. HenkeAsst. Secy. - Management07/29/0510/26/0556
William F. TuerkUnder Secy. - Memorial Affairs07/29/0510/26/0556
John M. MolinoAsst. Secy. - Policy, Planning, and09/06/05Withdrawn 12/13/05
P r eparedness
Lisette M. MondelloAsst. Secy. - Public and Intergovernmental09/06/0510/26/0550
Affa i r s
George J. OpferInspector General09/06/0511/10/0565
Daniel L. CooperUnder Secy. - Benefits03/30/0606/29/0691
Patrick W. DunnAsst. Secy. - Policy and Planning05/24/0608/03/0671
Thomas E. HarveyAsst. Secy. - Congressional and Legislative06/26/06Returned 12/09/06a
Affa i r s
Robert T. HowardAsst. Secy. - Information and Technology09/05/0609/29/0624
Mean number of days to confirm a nomination56
Median number of days to confirm a nomination56
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the
Standing Rules of the Senate.



CRS-47
Appendix A. Nominations and Recess Appointments,
109th Congress
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
othy D. AdamsUnder Secy. - International AffairsTREAS04/06/0507/29/05114
n O. AgwunobiAsst. Secy. - HealthHHS06/29/0512/17/05138
tephen AllredAsst. Secy. - Land and Minerals ManagementDOI08/01/0609/29/0628
C. AndersonAsst. Secy. - Air Force - Installations, Environment, and LogisticsDOD05/26/0510/28/05122
iki/CRS-RL34527es M. AndrewAdmin. - Rural Utilities ServiceUSDA09/06/0511/10/0565
g/w
s.or J. ArtmanAsst. Secy. - Indian AffairsDOI08/01/06Returned 12/09/06
leak Azar IIDeputy Secy.HHS04/19/0507/22/0594
://wikiart A. BakerAsst. Secy. - PolicyDHS07/14/0510/07/0552
httpmas O. BarnettAsst. Atty. General - Antitrust DivisionDOJ09/06/0502/10/06146
as J. BarrettAdmin. - Pipeline and Hazardous Materials Safety AdministrationDOT01/25/0605/26/06121
tanu K. BaruahAsst. Secy. - Economic DevelopmentDOC09/06/0512/17/05102
alph BashamCommissioner - CustomsDHS01/31/0605/26/06115
son BellDeputy Under Secy. - Logistics and Materiel ReadinessDOD06/28/0507/29/0531
n B. Bellinger IIILegal AdviserDOS02/14/0504/06/0551
rey T. BergnerAsst. Secy. - Legislative AffairsDOS10/06/0511/04/0529
id L. BernhardtSolicitorDOI11/18/05Returned 08/03/06



CRS-48
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
id L. BernhardtSolicitorDOI09/05/0609/29/0624
ta K. BlairAsst. Secy. - Air Force - Manpower and Reserve AffairsDOD04/24/06Returned 12/09/06
ph H. BoardmanAdmin. - Federal Railroad AdministrationDOT03/17/0504/28/0542
uel W. BodmanSecretaryDOE01/04/0501/31/0527
id S. BohigianAsst. Secy. - Market Access and ComplianceDOC10/06/0512/17/0572
n R. BoltonU.S. Representative - U.N.DOS03/17/05Returned 07/29/05
iki/CRS-RL34527n R. BoltonU.S. Representative - U.N.DOS Recess appointment 08/01/05
g/wn R. BoltonU.S. Representative - U.N.DOS09/19/05Returned 09/29/06
s.orn R. BoltonU.S. Representative - U.N.DOS11/09/06Returned 12/09/06
leak
A. BomarDir. - National Park ServiceDOI09/05/0609/29/0624
://wikiard A. BoucherAsst. Secy. - South and Central Asian AffairsDOS01/18/0602/17/0630
http
en G. BradburyAsst. Atty. General - Office of Legal CounselDOJ06/23/05Returned 12/21/05
en G. BradburyAsst. Atty. General - Office of Legal CounselDOJ01/25/06Returned 09/29/06
en G. BradburyAsst. Atty. General - Office of Legal CounselDOJ11/14/06Returned 12/09/06
el L. BrandAsst. Atty. General - Office of Legal PolicyDOJ04/04/0507/28/05115
e A. BuchananUnder Secy. - Research, Education, and EconomicsUSDA01/18/0605/12/06114
ael J. BurnsAsst. to the Secretary - Nuclear and Chemical and BiologicalDOD12/06/06Returned 12/09/06
Defense Programs
olas BurnsUnder Secy. - Political AffairsDOS02/14/0503/17/0531



CRS-49
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
ndo J. CabreraAsst. Secy. - Public and Indian HousingHUD09/06/0511/04/0559
ory B. CadeAdmin. - U.S. Fire AdministrationDHS12/05/06Returned 12/09/06
ichard CapkaAdmin. - Federal Highway AdministrationDOT03/07/0605/26/0680
kumar ChellarajAsst. Secy. - AdministrationDOS01/25/0605/26/06121
ael ChertoffSecretaryDHS01/31/0502/15/0515
es R. Christopherson Jr.Chief Financial OfficerUSDA09/08/0511/10/0563
iki/CRS-RL34527es S. CiccolellaAsst. Secy. - Veterans Employment and Training ServiceDOL05/17/0507/29/0573
g/wa CinoDeputy Secy.DOT04/06/0505/11/0535
s.or
leakn F. ClarkDir. - U.S. Marshals ServiceDOJ10/21/0503/16/06135
://wikiell C. ClarkAsst. Secy. - ManagementED12/13/0503/13/0679
httpl D. ClementSolicitor GeneralDOJ03/14/0506/08/0586
dolph J. ClerihueAsst. Secy. - Public AffairsDOL08/01/0609/21/0620
L. ClineAdmin. - Substance Abuse and Mental Health ServicesHHS11/13/0612/09/0626
Ad mi ni str a tio n
edict S. CohenGeneral Counsel - ArmyDOD02/06/0608/03/06178
ohenUnder Secy. - Science and TechnologyDHS06/28/0608/03/0636
n T. ConnaughtonAdmin. - Maritime AdministrationDOT06/28/0608/03/0636
es F. ConnerDeputy Secy.USDA03/14/0504/27/0544
es T. ConwayCommandant - Marine Corps - Joint Chiefs of StaffDOD06/14/0608/02/0649



CRS-50
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
iel L. CooperUnder Secy. - BenefitsDVA03/30/0606/29/0691
n R. CorrellDir. - Office of Surface Mining Reclamation and Enforcement DOI05/16/06Returned 08/03/06
n R. CorrellDir. - Office of Surface Mining Reclamation and Enforcement DOI09/05/06Returned 12/09/06
M. CouchPres. - Government National Mortgage AssociationHUD01/18/0606/15/06148
n W. CoxChief Financial OfficerHUD03/02/0605/26/0685
ter M. CrawfordCommissioner - Food and Drug AdministrationHHS02/15/0507/18/05153
iki/CRS-RL34527 C. CresantiUnder Secy. - TechnologyDOC11/10/0503/16/06115
g/wry CrumptonAmbassador-at-Large/Coordinator - CounterterrorismDOS06/09/0507/29/0550
s.oras P. DAgostinoDeputy Admin. - Defense Programs, NNSADOE01/27/0602/17/0621
leak
d DamelinInspector GeneralTREAS01/24/0503/17/0552
://wikiele A. DavisAsst. Secy. - Public AffairsTREAS09/28/0612/09/0672
http
l DeCampAdmin. - Wage and Hour DivisionDOL01/31/06Returned 09/29/06
l DeCampAdmin. - Wage and Hour DivisionDOLRecess Appointment 08/31/06
l DeCampAdmin. - Wage and Hour DivisionDOL09/07/06Returned 09/29/06
l DeCampAdmin. - Wage and Hour DivisionDOL11/14/06Returned 12/09/06
ne C. DeFrancisAsst. Secy. - Public AffairsHHS04/04/0507/22/05109
DhillonDir. - Office of Counternarcotics EnforcementDHS11/10/0505/12/06172
hael L. DominguezPrincipal Deputy Under Secy. - Personnel and ReadinessDOD12/13/0506/29/06187



CRS-51
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
as C. DorrUnder Secy. - Rural DevelopmentUSDA01/24/0507/21/05178
n C. DuganComptroller of the CurrencyTREAS02/28/0507/29/05151
ick W. DunnAsst. Secy. - Policy and PlanningDVA05/24/0608/03/0671
er D. DuvallAsst. Secy. - Transportation PolicyDOT01/18/0605/26/06128
R. DybulCoordinator - U.S. Global AIDSDOS07/18/0608/03/0616
th E. EastinAsst. Secy. - Army - Installations and EnvironmentDOD06/29/0507/29/0530
iki/CRS-RL34527 S. EdelmanUnder Secy. - PolicyDOD05/16/0502/09/06225
g/w S. EdelmanUnder Secy. - PolicyDODRecess Appointment 08/09/05
s.or S. EdelmanUnder Secy. - PolicyDOD09/19/05Returned 12/09/06
leak
n G. EmlingAsst. Secy. - Legislative and Intergovernmental AffairsDOC02/27/06Withdrawn 04/24/06
://wiki EnglandDeputy Secy.DOD04/07/0504/06/06320
http
EnglandDeputy Secy.DODRecess Appointment 01/04/06
EnglandDeputy Secy.DOD02/10/06Returned 12/09/06
res M. EtterAsst. Secy. - Navy - Research, Development, and AcquisitionDOD09/06/0510/28/0552
es I. FinleyDeputy Under Secy. - Acquisition and TechnologyDOD12/20/0502/17/0648
. FisherAsst. Atty. General - Criminal DivisionDOJ04/04/0509/19/06458
. FisherAsst. Atty. General - Criminal DivisionDOJRecess Appointment 08/31/05
. FisherAsst. Atty. General - Criminal DivisionDOJ09/19/05Returned 12/09/06
othy E. FlaniganDeputy Attorney GeneralDOJ06/20/05Withdrawn 10/07/05



CRS-52
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
r C. W. FloryAsst. Secy. - International Security PolicyDOD01/24/05Returned 12/09/06
r C. W. FloryAsst. Secy. - International Security PolicyDODRecess Appointment 08/02/05
r C. W. FloryAsst. Secy. - International Security PolicyDOD09/19/05Returned 12/09/06
son M. FordAsst. Secy. - Army - Financial Management/ ComptrollerDOD08/03/0609/29/0626
rietta H. ForeUnder Secy. - ManagementDOS05/11/0507/29/0579
e W. ForesmanUnder Secy. - PreparednessDHS10/21/0512/17/0557
iki/CRS-RL34527dall M. FortAsst. Secy. - Intelligence and ResearchDOS06/12/0608/03/0652
g/win G. Foulke Jr.Asst. Secy. - Occupational Safety and Health AdministrationDOL09/15/0503/13/06168
s.or
leakonio FrattoAsst. Secy. - Public AffairsTREAS10/06/0512/17/0572
://wikiayi E. FrazerAsst. Secy. - African AffairsDOS06/30/0507/29/0529
httpreemanDir. - Community Relations ServiceDOJ12/20/0503/31/0690
iel FriedAsst. Secy. - European and Eurasian AffairsDOS03/08/0504/28/0551
in I. FromerDep. Under Secy. - Legislative Affairs TREAS06/06/0507/29/0553
ce B. GardnerAsst. Secy. - Intelligence and AnalysisTREAS05/16/0507/28/0573
id K. GarmanUnder Secy.DOE03/04/0506/15/05103
M. GatesSecretaryDOD12/04/0612/06/062
ton M. GerenUnder Secy. - ArmyDOD01/18/0602/17/0630
und P. Giambastiani Jr.Vice Chairman - Joint Chiefs of StaffDOD04/25/0507/15/0581



CRS-53
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
thia A. GlassmanUnder Secy. - Economic AffairsDOC08/03/0609/29/0626
o R. GonzalesAttorney GeneralDOJ01/04/0502/03/0530
ilio T. GonzalezDir. - Bureau of Citizenship and Immigration ServicesDHS09/06/0512/21/05106
th E. GottfriedGeneral Counsel HUD07/25/0510/07/0541
ard J. GriffinAsst. Secy. - Diplomatic SecurityDOS04/28/0506/16/0549
ard J. GriffinDir. - Office of Foreign MissionsDOS04/28/0506/16/0549
iki/CRS-RL34527n G. GrimesAsst. Secy. - Networks and Information IntegrationDOD06/16/0510/28/05101
g/wos M. GutierrezSecretaryDOC01/04/0501/24/0520
s.orl HalaskaAsst. Secy. - Legislation and Congressional AffairsED06/29/0507/28/0529
leak
ale HallDir. - U.S. Fish and Wildlife ServiceDOI07/18/0510/07/0548
://wikias E. HarveyAsst. Secy. - Congressional and Legislative AffairsDVA06/26/06Returned 12/09/06
http
und S. HawleyAsst. Secy. - Transportation Security AdministrationDHS05/19/0507/22/0564
J. HenkeAsst. Secy. - ManagementDVA07/29/0510/26/0556
A. HenkeExec. Dir. - Office of State and Local Government CoordinationDHS07/14/05Returned 08/03/06
and Preparedness
A. HenkeExec. Dir. - Office of State and Local Government CoordinationDHSRecess appointment 01/04/06
and Preparedness
A. HenkeExec. Dir. - Office of State and Local Government CoordinationDHS02/10/06Returned 08/03/06
and Preparedness
A. HenkeExec. Dir. - Office of State and Local Government CoordinationDHS09/05/06Withdrawn 12/06/06


and Preparedness

CRS-54
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
il W. Henry Jr.Asst. Secy. - Financial InstitutionsTREAS07/28/0510/07/0538
andezAsst. Secy. - Trade Promotion/Dir. Gen. - U.S. and ForeignDOC05/26/0510/07/05101
Commercial Service
ord F. Higgins Asst. Secy. - Resource ManagementDOS12/13/0502/16/0654
ord F. Higgins Chief Financial OfficerDOS12/13/0502/16/0654
stopher R. HillAsst. Secy. - East Asian and Pacific AffairsDOS03/04/0503/17/0513
id R. HillGeneral CounselDOE04/14/0507/28/05105
iki/CRS-RL34527n H. HillAdmin. - Federal Motor Carrier Safety AdministrationDOT05/16/0608/03/0679
g/w
s.orn HillenAsst. Secy. - Political-Military AffairsDOS06/28/0510/07/0568
leak T. HowardAsst. Secy. - Information and TechnologyDVA09/05/0609/29/0624
://wiki F. HoytGeneral CounselTREAS09/29/0612/09/0671
httpen P. HughesUnder Secy. - Public Diplomacy and Public AffairsDOS06/29/0507/29/0530
l W. JacksonAsst. Secy. - Export EnforcementDOC06/28/0510/07/0568
ael P. JacksonDeputy Secy.DHS02/18/0503/10/0520
ald J. JamesAsst. Secy. - Army - Manpower and Reserve AffairsDOD07/21/0609/29/0639
rey D. JarrettAsst. Secy. - Fossil Energy DOE09/06/0512/17/05102
A. JeffreyDir. - National Institute of Standards and TechnologyDOC05/25/0507/22/0558
k R. JimenezGeneral Counsel - NavyDOD06/29/0609/21/0653
e JohannsSecretary USDA01/04/0501/20/0516



CRS-55
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
cy M. JohnerUnder Secy. - Food, Nutrition, and Consumer ServicesUSDA06/16/0608/03/0648
es E. JohnsonAsst. Secy. - Budget, Technology, and FinanceHHS04/25/0507/22/0588
Johnson Jr.Admin. - Saint Lawrence Seaway Development Corporation DOT09/05/0609/29/0624
ry L. JohnsonAsst. Secy. - Elementary and Secondary EducationED06/06/0507/28/0552
W. JohnsonCommissioner - Bureau of ReclamationDOI07/21/0609/29/0639
JosephUnder Secy. - Arms Control and International SecurityDOS03/14/0505/26/0573
iki/CRS-RL34527 R. JustesenAsst. Secy. - Vocational and Adult EducationED05/08/0607/26/0679
g/whane KarrAsst. Secy. - Governmental AffairsDOT01/18/0605/26/06128
s.orander A. KarsnerAsst. Secy. - Energy Efficiency and Renewable EnergyDOE12/21/0503/16/0674
leak
k G. KaveeshwarAdmin. - Research and Innovative Technology AdministrationDOT05/25/0506/30/0536
://wiki E. KeenumUnder Secy. - Farm and Foreign Agricultural ServicesUSDA11/13/06Returned 12/09/06
http
t A. KellerAsst. Secy. - Congressional and Intergovernmental RelationsHUD11/13/06Returned 12/09/06
KempthorneSecretaryDOI04/24/0605/26/0632
KendrickAsst. Secy. - Fair Housing and Equal OpportunityHUD06/29/0510/07/0567
. KesselmanGeneral CounselUSDA11/16/0505/12/06166
J. KimAsst. Atty. General - Civil Rights DivisionDOJ06/16/0511/04/05108
M. KimmitDeputy Secy.TREAS06/29/0507/29/0530
n M. R. KneuerAsst. Secy. - Communications and InformationDOC05/01/0612/09/06191
ce I. KnightUnder Secy. - Marketing and Regulatory ProgramsUSDA06/29/0608/03/0635



CRS-56
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
in M. KolevarAsst. Secy. - Electricity Delivery and Energy ReliabilityDOE09/26/06Returned 12/09/06
neth J. KriegUnder Secy. - Acquisition, Technology and LogisticsDOD04/04/0505/26/0552
ard J. KrongardInspector GeneralDOS01/24/0504/27/0593
id H. LaufmanInspector GeneralDOD06/05/06Withdrawn 12/06/06
klin L. LavinUnder Secy. - International TradeDOC07/29/0510/28/0558
ael O. LeavittSecretaryHHS01/04/0501/26/0522
iki/CRS-RL34527iel R. LevinsonInspector GeneralHHS01/24/0506/08/05135
g/w A. LimbaughAsst. Secy. - Water and ScienceDOI05/11/0507/22/0572
s.ores B. Lockhart IIIDir. - Office of Federal Housing Enterprise Oversight HUD04/27/0606/15/0649
leak
F. LowenkronAsst. Secy. - Democracy, Human Rights, and LaborDOS07/28/0510/07/0538
://wiki LoweryDep. Under Secy. - International AffairsTREAS09/06/0510/28/0552
http
LuceAsst. Secy. - Planning, Evaluation and Policy DevelopmentED05/23/0506/30/0538
C. LuxtonAsst. Secy. - Oceans and AtmosphereDOC09/29/06Returned 12/09/06
ren M. MaddoxAsst. Secy. - Communications and OutreachED09/07/0609/21/0614
I. McCormackAsst. Secy. - Public AffairsDOS04/04/0505/26/0552
id H. McCormickUnder Secy. - Export AdministrationDOC06/28/0510/07/0568
o M. McKayAsst. Secy. - Civil RightsUSDA06/12/0608/03/0652
dia A. McMurrayAsst. Secy. - Oceans and International Environmental and ScientificDOS11/16/0502/16/0681


Affa i r s

CRS-57
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
l J. McNultyDeputy Attorney GeneralDOJ11/09/0503/16/06116
es E. McQuearyDir. - Operational Test and EvaluationDOD06/29/0607/21/0622
W. MercerAssociate Attorney GeneralDOJ09/05/06Returned 12/09/06
iel MeronGeneral CounselHHS11/16/05Returned 12/09/06
iel MeronGeneral CounselHHSRecess appointment 08/31/06
iel MeronGeneral CounselHHS09/07/06Returned 12/09/06
iki/CRS-RL34527ard T. MillerU.S. Rep. - Economic and Social Council - U.N. DOS01/25/0603/16/0650
g/wn M. MolinoAsst. Secy. - Policy, Planning, and PreparednessDVA09/06/05Withdrawn 12/13/05
s.ortte M. MondelloAsst. Secy. - Public and Intergovernmental AffairsDVA09/06/0510/26/0550
leak
anie J. MonroeAsst. Secy. - Civil Rights ED06/23/0512/17/05144
://wikin D. MontgomeryAsst. Secy. - Housing/Federal Housing CommissionerHUD04/25/0506/13/0549
http
D. MorrisonAsst. Secy. - Tax PolicyTREAS05/26/05Withdrawn 10/07/05
chael MoseleyChief of Staff - Air Force - Joint Chiefs of StaffDOD05/16/0506/30/0545
und C. MoyDir. - MintTREAS06/29/0607/26/0627
ael G. MullenChief of Naval Operations - Joint Chiefs of StaffDOD03/02/0504/28/0557
e L. MyersAsst. Secy. - U.S. Immigration and Customs EnforcementDHS06/29/05Returned 12/09/06
e L. MyersAsst. Secy. - U.S. Immigration and Customs EnforcementDHSRecess appointment 01/04/06
e L. MyersAsst. Secy. - U.S. Immigration and Customs EnforcementDHS02/10/06Returned 12/09/06



CRS-58
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
MyersDir. - U.S. Geological SurveyDOI05/03/06Returned 08/03/06
MyersDir. - U.S. Geological SurveyDOI09/05/0609/15/0610
e R. NasonAdmin. - National Highway Traffic Safety AdministrationDOT01/18/0605/26/06128
NeeseDir. - MintTREAS07/29/05Withdrawn 09/19/05
th A. NelsonAsst. Secy. - AdministrationHUD07/12/0510/07/0554
NicholsonSecretaryDVA01/04/0501/26/0522
iki/CRS-RL34527id L. NorquistChief Financial OfficerDHS01/18/0605/26/06128
g/wick M. OBrienAsst. Secy. - Terrorist FinancingTREAS06/29/0510/07/0567
s.ore J. OpferInspector GeneralDVA09/06/0511/10/0565
leak
mond L. OrbachUnder Secy. - ScienceDOE12/13/0505/26/06153
://wikir PaceChairman - Joint Chiefs of StaffDOD04/25/0507/15/0581
http
dra L. PackAsst. Secy. - ManagementTREAS05/16/0507/29/0574
istopher A. PadillaAsst. Secy. - Export AdministrationDOC07/13/0609/29/0647
ela H. PatenaudeAsst. Secy. - Community Planning and DevelopmentHUD01/24/0504/15/0581
e W. PattersonAsst. Secy.- International Narcotics and Law Enforcement AffairsDOS10/19/0511/10/0522
avid PaulisonUnder Secy. - Federal Emergency ManagementDHS04/06/0605/26/0650
ry M. Paulson Jr.SecretaryTREAS06/19/0606/28/069
aytonAsst. Secy. - Air Force - AcquisitionDOD04/25/0607/21/0687
e J. PennAsst. Secy. - Navy - Installations and EnvironmentDOD01/24/0502/17/0524



CRS-59
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
athan B. PerlinUnder Secy. - HealthDVA02/18/0504/28/0569
J. PerryGeneral CounselDHS04/04/0506/08/0565
E. PetersSecretaryDOT09/07/0609/29/0622
a H. PowellAsst. Secy. - Educational and Cultural AffairsDOS04/28/0506/24/0557
dal QuarlesUnder Secy. - Domestic FinanceTREAS05/26/0507/29/0564
ard A. RaymondUnder Secy. - Food SafetyUSDA05/26/0507/01/0536
iki/CRS-RL34527n M. ReichDir. - Office of Thrift SupervisionTREAS05/25/05Withdrawn 06/06/05
g/wn M. ReichDir. - Office of Thrift SupervisionTREAS06/06/0507/29/0553
s.ordoleezza RiceSecretary DOS01/04/0501/26/0522
leak
es A. RispoliAsst. Secy. - Environmental ManagementDOE05/17/0507/29/0573
://wikin C. RoodAsst. Secy. - International Security and Non-proliferationDOS07/12/0609/13/0632
http
d K. RutherfordAsst. Secy. - AdministrationUSDA01/27/0605/12/06105
hony W. RyanAsst. Secy. - Financial MarketsTREAS11/13/0612/09/0626
id A. SampsonDeputy Secy.DOC04/04/0507/22/05109
id C. SanbornAdmin. - Maritime AdministrationDOT01/18/06Withdrawn 03/27/06
ie Wolcott SandersU.S. Rep. - Special Political Affairs - U.N.DOS01/18/0602/16/0629
n R. SauerbreyAsst. Secy. - Population, Refugees, and MigrationDOS09/06/05Returned 12/09/06
n R. SauerbreyAsst. Secy. - Population, Refugees, and MigrationDOS Recess appointment 01/04/06
n R. SauerbreyAsst. Secy. - Population, Refugees, and MigrationDOS02/10/06Returned 12/09/06



CRS-60
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
ynne ScarlettDeputy Secy.DOI02/18/0511/18/05240
llis F. ScheinbergAsst. Secy. - Budget and ProgramsDOT04/14/0504/28/0514
S. SchneiderCommissioner - Education StatisticsED07/27/0510/21/0553
l A. SchneiderUnder Secy. - ManagementDHS11/13/0612/09/0626
ina B. SchofieldAsst. Atty. General - Office of Justice ProgramsDOJ04/04/0506/08/0565
vin L. ScovelInspector GeneralDOT07/13/0609/29/0647
iki/CRS-RL34527rey L. SedgwickDir. - Bureau of Justice StatisticsDOJ01/31/0603/31/0659
g/wald M. SegaUnder Secy. - Air Force DOD06/28/0507/29/0531
s.orlay SellDeputy Secy.DOE02/28/0503/17/0517
leak
R. SequeiraAsst. Secy. - PolicyDOL11/13/06Returned 12/09/06
://wikias A. Shannon Jr.Asst. Secy. - Western Hemisphere AffairsDOS09/06/0510/07/0531
http
tte SheeranUnder Secy. - Economic, Business, and Agricultural AffairsDOS06/28/0507/29/0531
. SigalAsst. Secy. - Congressional and Intergovernmental AffairsDOE05/09/0507/28/0580
ten SilverbergAsst. Secy. - International OrganizationsDOS06/29/0507/29/0530
mond J. SimonDeputy Secy.ED04/15/0505/26/0541
es S. SimpsonAdmin. - Federal Transit Administration DOT01/18/0608/03/06197
ard L. SkinnerInspector GeneralDHS04/28/0507/28/0591
ce SmithAsst. Secy. - Public AffairsDOD09/22/0504/07/06186
ce SmithAsst. Secy. - Public AffairsDODRecess Appointment 01/04/06



CRS-61
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
ce SmithAsst. Secy. - Public AffairsDOD02/10/06Returned 12/09/06
SolomonAsst. Secy. - Tax PolicyTREAS05/09/0612/09/06183
aret SpellingsSecretaryED01/04/0501/20/0516
id M. SpoonerAsst. Secy. - Import AdministrationDOC11/10/0512/17/0537
ard F. Sproat IIIDir. - Office of Civilian Radioactive Waste ManagementDOE09/08/0505/26/06249
nis R. SpurgeonAsst. Secy. - Nuclear EnergyDOE02/13/0603/27/0642
iki/CRS-RL34527iel R. StanleyAsst. Secy. - Legislative Affairs DOD05/16/0506/30/0545
g/we M. StaplesDir. General - Foreign ServiceDOS03/02/0605/19/0678
s.or K. SteelUnder Secy. - Domestic FinanceTREAS09/06/0609/29/0623
leak
B. SteinbergAsst. Secy. - Aviation and International AffairsDOT02/10/0609/29/06200
://wikiard E. SticklerAsst. Secy. - Mine Safety and Health AdministrationDOL09/15/05Returned 08/03/06
http
ard E. SticklerAsst. Secy. - Mine Safety and Health AdministrationDOL09/05/06Returned 09/29/06
ard E. SticklerAsst. Secy. - Mine Safety and Health AdministrationDOLRecess Appointment 10/19/06
ard E. SticklerAsst. Secy. - Mine Safety and Health AdministrationDOL11/14/06Returned 12/09/06
da A. StrachanAsst. Secy. - Congressional RelationsUSDA02/17/0605/12/0684
iel S. SullivanAsst. Secy. - Economic, Energy and Business AffairsDOS04/24/0605/26/0632
n J. SullivanGeneral CounselDOC05/09/0507/22/0574
in F. SullivanAsst. Secy. - Communications and OutreachED04/28/0507/28/0591



CRS-62
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
L. SwagelAsst. Secy. - Economic PolicyTREAS09/26/0612/09/0674
t D. TalbertGeneral Counsel ED09/28/0505/19/06222
H. TobeyDeputy Admin. - Defense Nuclear Nonproliferation, NNSADOE05/11/0608/03/0684
. TuckerUnder Secy.ED09/05/0612/09/0695
F. TuerkUnder Secy. - Memorial AffairsDVA07/29/0510/26/0556
cent J. Ventimiglia Jr.Asst. Secy. - LegislationHHS07/18/0512/21/05123
iki/CRS-RL34527 C. von EschenbachCommissioner - Food and Drug AdministrationHHS03/15/0612/07/06236
g/wneth L. WainsteinAsst. Atty. General - National Security DivisionDOJ03/13/0609/21/06161
s.or D. WallaceU.S. Rep. - Management and Reform - U.N.DOS01/18/0603/16/0657
leak
rence A. WarderChief Financial OfficerED04/25/0607/26/0692
://wikihomas WeimerAsst. Secy. - Policy, Management, and BudgetDOI05/09/0512/21/05193
http
avid WelchAsst. Secy. - Near Eastern AffairsDOS02/14/0503/17/0531
haniel F. WieneckeAsst. Secy. - Legislative and Intergovernmental AffairsDOC06/29/0608/03/0635
L. WilkieAsst. Secy. - Legislative AffairsDOD06/26/0609/29/0664
lene F. WilliamsAsst. Secy. - Policy Development and ResearchHUD07/25/0510/07/0541
t WilliamsonAmbassador-at-Large - War Crimes IssuesDOS04/06/0606/29/0684
ald C. WinterSecretary - NavyDOD09/06/0511/10/0565
andro D. Wolff U.S. Dep. Rep. - U.N.DOS10/17/0511/18/0532
n P. Woodley Jr.Asst. Secy. - Army - Civil Works DOD01/24/0505/12/05108



CRS-63
inee/NominationConfirmationDays to
s appointeePositionDepartmentdatedateconfirm
len WooldridgeAsst. Atty. General - Environment and Natural Resources DivisionDOJ06/20/0511/10/05110
ael W. WynneUnder Secy. - Acquisition, Technology and LogisticsDODRecess Appointment 04/01/05
ael W. WynneSecretary - Air ForceDOD09/06/0510/28/0552
. Young Jr.Dir. - Defense Research and EngineeringDOD07/28/0510/28/0559
ert B. ZoellickDeputy Secy.DOS02/10/0502/16/056
ean number of days to confirm75
iki/CRS-RL34527edian number of days to confirm57


g/w
s.or
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://wiki
http

CRS-64
Appendix B. Appointment Action, 109th Congress
IndividualRecessMean daysMedian days
partmentPositionsNominationsNomineesConfirmationsReturnedWithdrawnAppointmentsto confirmto confirm
riculture 16 14 14 13 1 0 0 7 7 6 3
mmerce 2 5 1 8 1 8 1 6 1 1 0 74 68
fense 53 40 36 32 7 1 5 80 53
catio n 1 8 1 4 1 4 1 4 0 0 0 75 66
ergy 22 14 14 13 1 0 0 8 7 8 0
and Human19121110201112116
iki/CRS-RL34527icesmeland Security192017145127161
g/w
s.orusing and Urban151111101006757
leakvelopment
terior 18 15 12 10 5 0 0 7 1 3 6
://wikistice 29 19 16 13 5 1 1 129 110
httpbor 19 10 6 3 7 0 2 87 73
ate 4 7 4 4 3 9 3 9 5 0 2 47 49
ansportatio n 2 0 1 7 1 7 1 6 0 1 0 82 63
easur y 2 4 2 4 2 3 2 1 0 3 0 66 64
ans Affairs14111191105656
o tal 358 283 259 233 41 9 1 3 7 5 5 7



Appendix C. Senate Intersession Recesses,
Intrasession Recesses of Four or More Days, and
Numbers of Recess Appointments to Departmental
Positions, 109th Congressa
Number of recess
appointments to
Number of Daysbdepartmental
Date RecessedDate ReconvenedRecessedpositions
The first session of 109th Congress convened on 01/04/05.
01/06/05 01/20/05 13 0
01/26/05 01/31/05 4 0
02/18/05 02/28/05 9 0
03/20/05 04/04/05 14 1
04/29/05 05/09/05 9 0
05/26/05 06/06/05 10 0
07/01/05 07/11/05 9 0
07/29/05 09/01/05 33 4
09/01/05 09/06/05 4 0
10/07/05 10/17/05 9 0
11/18/05 12/12/05 23 0
The Senate adjourned sine die on 12/22/05. The second session of theth0
109 Congress convened on 01/03/06. The intersession (periodb
between these two dates) was 11 days long.
01/03/06 01/18/06 14 5
02/17/06 02/27/06 9 0
03/16/06 03/27/06 10 0
04/07/06 04/24/06 16 0
05/26/06 06/05/06 9 0
06/29/06 07/10/06 10 0
08/04/06 09/05/06 31 2
09/30/06 11/09/06 39 1
11/16/06 12/04/06 17 0
The Senate adjourned sine die on 12/09/06. The first session of theth0
110 Congress convened on 01/04/07. The intersession (periodb
between these two dates) was 25 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], accessed May, 5, 2008.
b. The entries for the number of days adjourned include all days between the day the Senate adjourned
and the day it reconvened. They do not include the days of adjournment or reconvening because
the Senate is able to act on nominations on these days.



Appendix D. Abbreviations of Departments
DHSDepartment of Homeland Security
DOCDepartment of Commerce
DODDepartment of Defense
DOEDepartment of Energy
DOIDepartment of the Interior
DOJDepartment of Justice
DOLDepartment of Labor
DOSDepartment of State
DOTDepartment of Transportation
DVADepartment of Veterans Affairs
EDDepartment of Education
HHSDepartment of Health and Human Services
HUDDepartment of Housing and Urban Development
TREASDepartment of the Treasury
USDADepartment of Agriculture