For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31346 ------------------------------------------------------------------------------ Order Code RL31346 Report for Congress Received through the CRS Web Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002 Updated February 10, 2003 Henry B. Hogue Analyst in American National Government Government and Finance Division Congressional Research Service ~ The Library of Congress Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002 Summary During the 107th Congress, 354 nominations to executive department full-time positions were submitted to the Senate. Of these nominations, seven were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 347 nominations, of which 297 were confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess, one was returned to him at the adjournment of the first session, and 12 were returned to him at the end of the 107th Congress. President Clinton made eight recess appointments during the intersession between the 106th and 107th Congresses, all of which expired at the end of the first session of the 107th Congress. President Bush made three intersession recess appointments to the departments, each of which expired at the end of the 107th Congress. He made four intrasession recess appointments to the departments during the second session of the 107th Congress, each of which expire at the end of the first session of the 108th Congress. 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, and telephone discussions with agency officials. Related information may be found in CRS Report RL30910, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 107th Congress, by Henry B. Hogue and CRS Report RL31435, Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress, by Henry B. Hogue. This report will be not be updated. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Appointments During the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Length of Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . 2 The Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Selection and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Temporary Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Organization of this Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Executive Department Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Department of Agriculture (USDA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Department of Commerce (DOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Department of Defense (DOD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Department of Education (ED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Department of Energy (DOE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Department of Health and Human Services (HHS) . . . . . . . . . . . . . . . . . . . . . . . 22 Department of Housing and Urban Development (HUD) . . . . . . . . . . . . . . . . . . 24 Department of the Interior (DOI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Department of Justice (DOJ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Department of Labor (DOL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Department of State (DOS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Department of Transportation (DOT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Department of the Treasury (TREA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Department of Veterans Affairs (DVA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Appendix A. Nominations and Recess Appointments, 107th Congress . . . . . . . . 44 Appendix B. Appointment Action, 107th Congress . . . . . . . . . . . . . . . . . . . . . . . 55 Appendix C. Senate Recessesa for the 107th Congress . . . . . . . . . . . . . . . . . . . . 56 Appendix D. Abbreviations of Departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002 Introduction1 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. It also specifies, for the 107th Congress, all nominations to full-time positions2 in the 14 executive departments.3 A profile of each department tracks the department's nominations, providing information on Senate activity (i.e., confirmations, rejections, returns to the President, and elapsed time between nomination and confirmation) as well as further related presidential activity (i.e., withdrawals and recess appointments). The profiles also identify, for each department, positions requiring Senate confirmation, the incumbents in those positions, dates they were confirmed, dates their terms expire, if applicable, and pay levels. Appointments During the 107th Congress During the 107th Congress, 354 nominations to executive department full-time positions were submitted to the Senate. Of these nominations, seven were submitted by President Clinton before he left office and were withdrawn by President Bush on March 19, 2001. President Bush submitted 347 nominations, of which 297 were confirmed, two were withdrawn, 35 were returned to him at the August 2001 recess, one was returned to him at the adjournment of the first session, and 12 were returned to him at the adjournment of the second session. 1 This report was built on research by Rogelio Garcia and Henry B. Hogue. Significant portions of the text presented here were written by Dr. Garcia for earlier versions of this report. 2 Full-time positions requiring Senate confirmation are included. Exceptions are U.S. attorney and U.S. marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. 3 This report does not discuss the new Department of Homeland Security, which is scheduled to come in existence during the 108th Congress. For more information on appointments to the new department, see CRS Report RL31492, Homeland Security: Management Positions for the New Department, by Henry B. Hogue and CRS Report RL31677, Filling Presidentially Appointed, Senate-Confirmed Positions in the Department of Homeland Security, by Henry B. Hogue. CRS-2 President Clinton made eight recess appointments to executive departments during the intersession between the 106th and 107th Congresses, all of which expired at the end of the first session. Between the first and second sessions of the 107th Congress, President Bush made three recess appointments to executive departments, each of which expired at the end of the 107th Congress. He made four recess appointments to the departments during recesses within the second session of the 107th Congress, each of which expire at the end of the first session of the 108th Congress. Table 1 summarizes this appointment activity. Table 1. Nomination and Appointment Action in the 107th Congress Total positions 337 Positions held by incumbents from a previous administration 22 Nominations submitted to the Senate 354 Nominations confirmed by the Senate 297 Individual nominees 307 Nominations returned at the August 2001 recess 35 Nominations returned at the adjournment of the Senate, December 20, 2001 1 Nominations returned at the adjournment of the Senate, November 20, 2002 12 Nominations submitted by Clinton, withdrawn by Bush 7 Nominations submitted and withdrawn by Bush 2 Intersession recess appointments between 106th and 107th Congresses (Clinton) 8 Intrasession recess appointments during the 107th Congress, 1st session 0 Intersession recess appointments between first and second sessions of 107th Congress 3 Intrasession recess appointments during the 107th Congress, 2nd session 4 Length of Time to Confirm a Nomination The length of time a given nomination may be pending in the Senate varies widely. Some nominations are confirmed within a few days, others may not be confirmed for several months, and some are never confirmed. This report provides, for each executive department nomination that was confirmed in the 107th Congress, the number of days between nomination and confirmation ("days to confirm"). Some Senate recess days are not included in this sum because Senators are unable to take up nominations on these days. For practical reasons, only days from the longer recesses around August and between congressional sessions are excluded. These recesses are often longer than 30 days. 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.4 The 32 days during the August 2002 recess and the 33 days between the first and second sessions of the 107th Congress were subtracted from the "days to confirm" for those nominations that spanned one or both recesses. No days were subtracted for the August 2001 recess, 4 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. CRS-3 because, as discussed below, all pending nominations were returned prior to that recess. An accurate calculation of the average time the Senate took to confirm a nomination in the 107th Congress is made more challenging by an unusual characteristic of the session. As just noted, the Senate rules provide that all pending nominations are to be returned to the President at the beginning of recesses of 30 days or more. Usually the Senate agrees, by unanimous consent, to waive this rule and retain pending nominations over their recesses. Prior to the 31-day August 2001 recess, however, the Senate did not reach such an agreement, and 162 pending nominations, 35 of which are among those covered by this report, were returned to the President.5 The President sent forward some of these nominees again after the recess. Those nominations were considered to be new nominations, rather than continuations of the pre-recess nominations. As a result, when such nominations are confirmed, the length of the confirmation process, shown in the tables of this report as "days to confirm," does not include any pre-recess time during which the nominee was under consideration in the Senate. Consequently, the average is smaller than it would be if the pre- and post-recess nomination times were added together. For example, the mean number of days to confirm for all executive department nominations is 46 days, but if the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees, this mean would be 50 days. Likewise, the median "days to confirm" for all department nominations is 36, but it would be 38 if pre-recess days were included. Footnotes for appointment action tables for each department (below) provide figures that take such pre-recess time into account. In general, however, comparisons between average confirmation times from this report and those from previous reports should be made cautiously. The tables in this report show both the mean and median number of days. The mean is the average as it is commonly calculated. In order to calculate the mean "days to confirm," for example, for each department, the "days to confirm" data for all the confirmed nominations in the department were added together and then divided by the number of confirmed nominations. The mean time taken by the Senate to confirm a nomination to an executive department in the 107th Congress was 46 days, or 6 to 7 weeks. By department, the means ranged from 30 days for Transportation and Veterans Affairs to 65 for Housing and Urban Development. 5 See Sen. Harry Reid and Sen. Trent Lott, "Unanimous Consent Request -- Executive Calendar," colloquy, Congressional Record, daily edition, vol. 147, Aug. 3, 2001, p. S8888. Such a unanimous consent agreement was reached, however, for the recess between the first and second sessions of the 107th Congress. Sen. Harry Reid, "Nominations to Remain in Status Quo Notwithstanding the Adjournment of the Senate," Congressional Record, daily edition, vol. 147, Dec. 20, 2001, p. S14049. Under this agreement, only one nomination to a full-time executive department position, Otto Reich, to be Assistant Secretary of State for Western Hemisphere Affairs, was returned to the President. By unanimous consent, no nominations were returned to the President prior to the 32-day August 2002 recess. Sen. Harry Reid, "Order for Nominations," Congressional Record, daily edition, vol. 148, Aug. 1, 2002, p. S8020. CRS-4 The median is the middle number when the "days to confirm" data for all the confirmed nominations are arranged in numerical order. Although the mean is the more familiar kind of average, the median is included because it diminishes the influence of a few extreme entries. For the Department of Agriculture (USDA), for example, the mean is 41 and the median is 22. This difference is largely due to the influence of the nomination for inspector general, which was pending in the Senate for 213 days ­ more than twice as long as any other USDA nomination. In this case, the median more accurately reflects the average number of days nominations to the department were pending in the Senate. The median "days to confirm" for all departments was 36 days, or about 5 weeks. This indicates that half of those nominations confirmed spent 36 days or less pending in the Senate. The Appointment Process The President and the Senate share the power to appoint the principal officers of the United States.6 The Constitution (Article II, Section 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States. Three distinct stages mark the appointment process--selection and nomination, confirmation, and appointment. Selection and Nomination. In this stage, the President selects the nominee and sends the nomination to the Senate. There are a number of steps in the President's selection of candidates for most Senate-confirmed positions. First, with the assistance of the White House Office of Presidential Personnel, the President selects a candidate for the position. The candidate then 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, with background investigations conducted by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Government Ethics (OGE), and 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 Counsel has cleared the candidate, the nomination is ready to be submitted to the Senate. The selection and vetting stage is often the longest part of the appointment process. There can be lengthy delays, particularly if many candidates are being processed, as they are at the beginning of an Administration, or if conflicts need to be resolved. Candidates for higher level positions are often accorded priority in this process. For positions located within a state (U.S. attorney, U.S. marshal, and U.S. district judge), the President, by custom, normally consults with the Senator or Senators (if they are from the same party as the President) from that state prior to a nomination. If neither Senator is from the President's party, he usually consults with party leaders from the state. Occasionally, the President solicits recommendations 6 A succinct historical and contemporary overview of the appointment power is found in Louis Fisher, "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. CRS-5 from Senators of the opposition party because of their positions in the Senate. Before making a nomination to a federal position at the state or national level, the President must consider how it will fare in the confirmation process. A nominee has no legal authority to assume the duties and responsibilities of the position; the authority comes with Senate confirmation and presidential appointment. A nominee who is hired as a consultant while awaiting confirmation may serve only in an advisory capacity. If circumstances permit and conditions are met, the President may give the nominee a temporary appointment under the Vacancies Act, or a recess appointment, to the position (see below). Recess appointments may have political consequences, however, particularly if Senators perceive that an appointment is an effort to circumvent their constitutional role. Confirmation. In the confirmation or second stage, the Senate alone determines whether to approve or disapprove a nomination. The way the Senate acts on a nomination depends largely on the importance of the position involved, existing political circumstances, and policy implications. Generally, the Senate shows particular interest in the nominee's views and how they are likely to affect public policy.7 Two other factors may also affect the scrutiny with which a nominee's personal and professional qualities are examined: whether the President's party controls the Senate and the degree to which the President becomes involved in supporting the nomination. Although the Senate confirms most nominations, no President can safely assume that his nominees will be approved routinely. Rarely, however, does a rejection occur on the Senate floor. Nearly all rejections occur in committee, either by committee vote or by committee inaction. Rejections in committee occur for a variety of reasons, including opposition to the nomination, inadequate amount of time for consideration of the nomination, or factors that may have nothing to do with the merits of the nomination. The most recent study of Senate confirmation action, which looked at the period between 1981 and 1992, found that the Senate failed to confirm 9% of all nominations to full-time positions in the executive departments. During the same period, 11% of nominations to independent agencies and 22% of nominations to boards and commissions also failed.8 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 7 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 8 CRS Report 93-464, Senate Action on Nominations to Policy Positions in the Executive Branch, 1981-1992, (archived) by Rogelio Garcia. The study did not include nominations submitted by Presidents Carter and Reagan in the last months of their administrations, or nominations submitted within a month of the Senate's adjournment at the end of a session. It also excluded nominations to the judiciary, military services, Foreign Service, National Oceanic and Atmospheric Administration Officer Corps, and Public Health Service Officer Corps, as well as nominations to all ambassadorial, U.S. attorney, U.S. marshal, and part- time positions. CRS-6 after confirmation. Under unusual circumstances, he may not sign it at all, thus preventing the appointment. 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 appointment process also enables the President to make an appointment without Senate confirmation when the Senate is in recess, either during a session (intrasession recess appointment) or between sessions (intersession recess appointment). Recess appointments expire at the end of the next session of Congress.9 Recess appointments made by President Clinton during the intersession prior to the beginning of the 107th Congress expired at the end of the first session of the 107th Congress. Recess appointments made by President Bush during a recess within the first session or between the first and second sessions of the 107th Congress expired at the end of the second session of the 107th Congress. Recess appointments made by President Bush during a recess within the second session of the 107th Congress or between the end of the 107th Congress and the beginning of the 108th Congress expire at the end of the first session of the 108th Congress. Appendix C provides a table showing the dates of the Senate recesses immediately before, during, and immediately after the 107th Congress. Presidents have occasionally used the recess appointment power to circumvent the confirmation process. In response, Congress has placed restrictions on the President's authority to make recess appointments. Under 5 U.S.C. 5503(a), if the position to which the President makes a recess appointment falls vacant while the Senate is in session, the recess appointee may not be paid from the Treasury until he or she is confirmed by the Senate. The salary prohibition does not apply: (1) if the vacancy arose within 30 days before the end of the session; (2) if a nomination for the office (other than the nomination of someone given a recess appointment during the preceding recess) was pending when the Senate recessed; or (3) if a nomination was rejected within 30 days before the end of the session and another individual was given the recess appointment. A recess appointment falling under any one of these three exceptions must be followed by a nomination to the position not later than 40 days after the beginning of the next session of the Senate.10 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.11 In addition, 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 provision of the 9 Art. II, Sec. 2, cl. 3 of the Constitution. 10 Congress placed limits on payments to recess appointees as far back as 1863. The current provisions date from 1940 (ch. 580, 54 Stat. 751, 5 U.S.C. 56, revised, and recodified at 5 U.S.C. 5503, by P.L. 89-554, 80 Stat. 475). For a legal history and overview of recess appointments, see CRS Report 87-832, Recess Appointments: Legal Overview, by Richard C. Ehlke (archived; contact author for more information). 11 For a further discussion of recess appointments and a list of recess appointments during the Clinton presidency, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue and CRS Report RL30821, Recess Appointments Made by President Clinton, by Rogelio Garcia. CRS-7 annual Treasury and General Government Appropriations Act may prevent them from being paid after their rejection.12 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 the office under this authority or other statutory authority specific to their agency. Under the Federal Vacancies Reform Act of 1998,13 when an executive agency position requiring confirmation becomes vacant, it may be filled temporarily in one of three ways: (1) the first assistant to such a position may automatically assume the functions and duties of the office; (2) the President may direct an officer in any agency who is occupying a position requiring Senate confirmation to perform those tasks; or (3) the President may select any officer or employee of the subject agency who is occupying a position, for which the rate of pay is equal to or greater than the minimum rate of pay at the GS-15 level, and who has been with the agency for at least 90 of the preceding 365 days. The temporary appointment is for 210 days, but the time restriction is suspended if a first or second nomination for the position is pending. In addition, during a presidential transition, the 210-day restriction period does not begin to run until either 90 days after the President assumes office, or 90 days after the vacancy occurs, if it is within the 90-day inauguration period. The Act does not apply to positions on multi-headed regulatory boards and commissions and to certain other specific positions that may be filled temporarily under other statutory provisions.14 Organization of this Report Executive Department Profiles. The 14 executive department profiles provide data on presidential nominations and appointments to full-time positions requiring Senate confirmation, and Senate action on the nominations. Data15 on 12 P.L. 107-67, Sec. 609. The provision reads, "No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person." This provision has been part of this annual funding activity since at least 1950. 13 P.L. 105-277, Div. C, Title I, Sec. 151; 5 U.S.C. 3345-3349d. 14 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. 15 This report was compiled from data from the Senate nominations database of the Legislative Information System, available at [http://www.congress.gov/nomis/]; the Congressional Record (daily edition); the Weekly Compilation of Presidential Documents; and telephone discussions with agency officials. For similar reports for previous Congresses, see CRS Report 94-453, Presidential Appointments to Full-Time Positions in Executive Departments During the 103rd Congress, by Rogelio Garcia; CRS Report 97-93, Presidential Appointments to Full-Time Positions in Executive Departments During the 104th Congress, by Rogelio Garcia; CRS Report 98-357, Presidential Appointments to Full- (continued...) CRS-8 appointment actions during the 107th Congress appear in two tables for each department, "Appointment Action During 107th Congress" and "Positions and Incumbents in Department," and are current as of January 3, 2003. 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 rejected by the Senate and nominations returned to or withdrawn by the President) are also noted. Some nominees are nominated more than once for the same position, either because the first nomination is returned to the President, as discussed below, 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). This table also shows, as discussed earlier, the mean and median number of days the Senate has taken to confirm nominations in the department. These averages should be used carefully. As discussed earlier, the Senate took the unusual step of returning all nominations to the President prior to the August 2001 recess. Many of those whose nominations were returned were re-nominated after the recess. Consequently, these individuals were nominated twice, and the days that elapsed while their first nominations were pending in the Senate are not included in the calculation of the mean and median days to confirm a nomination. As a result, these times are shorter than they would be otherwise. Adjusted figures are shown in the table footnotes for comparison. The second table of each profile identifies the department's full-time positions requiring Senate confirmation16 and the incumbents in those positions as of the end of the 107th Congress. An incumbent's name followed by "(A)" indicates an official who is serving in an acting capacity. A blank space indicates that either the position is vacant or current information about the position-holder was not available. The table also includes the pay level for each position. For most presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which ranges from level I ($171,900) for cabinet level offices to level V ($125,400) for the lowest-ranked positions.17 15 (...continued) Time Positions in Executive Departments During the 105th Congress, by Rogelio Garcia; and CRS Report RL30476, Presidential Appointments to Full-Time Positions in Executive Departments During the 106th Congress, by Rogelio Garcia. 16 As noted above, the following full-time positions are not included in this report: U.S. Attorney and U.S. Marshal positions in the Department of Justice; Foreign Service and diplomatic positions in the Department of State; officer corps positions in the civilian uniformed services of the National Oceanic and Atmospheric Administration in the Department of Commerce, and of the Public Health Service in the Department of Health and Human Services; and the officer corps in the military services. 17 These are salary rates in effect as of this writing. For information on pay for federal (continued...) CRS-9 Additional Appointment Information. Appendix A presents a table of all nominations and recess appointments to positions in executive departments, alphabetically organized and following a similar format to that of the department appointment action tables. It identifies the agency involved and the dates of nomination and confirmation. The table also indicates if a nomination was confirmed, withdrawn, returned, or rejected. The mean and median numbers of days taken to confirm a nomination are calculated as described above. Appendix B provides a table with summary information on appointments and nominations by department. For each of the 14 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. For convenience, adjusted means and medians, which include the pre-August 2001 nominations, are provided in parentheses. A list of department abbreviations can be found in Appendix D. 17 (...continued) officials, see CRS Report 98-53, Salaries of Federal Officials: A Fact Sheet, by Sharon Gressle. CRS-10 Department of Agriculture (USDA) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Islam A. Siddiqui Under Secy. - Marketing and Regulatory 01/05/01 Withdrawn 03/19/01b Programs Ann M. Veneman Secretary 01/20/01 01/20/01 1 Lou Gallegos Asst. Secy. - Administration 04/25/01 05/22/01 27 Mary K. Waters Asst. Secy. - Congressional Relations 04/25/01 05/22/01 27 Eric M. Bost Under Secy. - Food, Nutrition and 04/30/01 05/22/01 22 Consumer Services William T. Hawks Under Secy. - Marketing and Regulatory 04/30/01 05/22/01 22 Programs Joseph J. Jen Under Secy. - Research, Education, and 04/30/01 07/12/01 73 Economics J. B. Penn Under Secy. - Farm and Foreign 04/30/01 05/22/01 22 Agricultural Services Thomas C. Dorr Under Secy. - Rural Development 04/30/01 Returned 08/03/01c James R. Moseley Deputy Secretary 06/19/01 07/12/01 23 Hilda G. Legg Admin. - Rural Utilities Service 06/21/01 Returned 08/03/01c Mark E. Rey Under Secy. - Natural Resources and 06/21/01 Returned 08/03/01c Environ. Elsa A. Murano Under Secy. - Food Safety 08/03/01 Returned 08/03/01c Mark E. Rey Under Secy. - Natural Resources and 09/04/01 09/26/01 22 Environment Thomas C. Dorr Under Secy. - Rural Development 09/04/01 Returned 11/20/02d Elsa A. Murano Under Secy. - Food Safety 09/04/01 09/26/01 22 Hilda G. Legg Admin. - Rural Utilities Service 09/04/01 09/26/01 22 Edward R. McPherson Chief Financial Officer 09/12/01 09/26/01 14 Nancy S. Bryson General Counsel 12/20/01 03/22/02 59 Phyllis K. Fong Inspector General 03/14/02 11/14/02 213 Thomas C. Dorr Under Secy. - Rural Development Recess Appointment 08/06/02e Thomas C. Dorr Under Secy. - Rural Development 09/30/02 Returned 11/20/02d Mean number of days to confirm a nomination 41 Median number of days to confirm a nomination 22 CRS-11 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Rey's and Legg's totals would each be 65. Murano's total would be unchanged, since no days elapsed during her first nomination. The mean number of days to confirm a nomination for the department would then be 47. The median would be 25. b. Nominated by President Clinton and withdrawn by President Bush. 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. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. e. Recess appointment expires at the end of the first session of the 108th Congress. Positions and Incumbents in the Department of Agriculture Positions Incumbent Level Secretary Ann M.Veneman I Deputy Secretary James R. Moseley II Under Secretary - Farm and Foreign Agricultural Services J. B. Penn III Under Secretary - Food, Nutrition, and Consumer Services Eric M. Bost III Under Secretary - Food Safety Elsa A. Murano III Under Secretary - Marketing and Regulatory Programs William T. Hawks III Under Secretary - Natural Resources and Environment Mark E. Rey III Under Secretary - Research, Education, and Economics Joseph J. Jen III Under Secretary - Rural Development Thomas C. Dorra III Assistant Secretary - Administration Lou Gallegos IV Assistant Secretary - Congressional Relations Mary K. Waters IV Chief Financial Officerb Edward R. McPherson IV General Counsel Nancy S. Bryson IV Inspector Generalc Phyllis K. Fong IV Administrator - Rural Utilities Services Hilda G. Legg IV a. Recess appointee. Appointment expires at the end of the first session of the 108th Congress. b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). CRS-12 Department of Commerce (DOC) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma James Dorskind General Counsel 01/05/01 Withdrawn 03/19/01b Elwood Holstein, Jr. Asst. Secy. - Oceans and Atmosphere 01/05/01 Withdrawn 03/19/01b Donald L. Evans Secretary 01/20/01 01/20/01 1 Kenneth I. Juster Under Secy. - Export Administration 03/15/01 05/10/01 56 Faryar Shirzad Asst. Secy. - Import Administration 03/22/01 05/01/01 40 Grant D. Aldonas Under Secy. - International Trade 03/29/01 05/10/01 42 Administration Brenda L. Becker Asst. Secy. - Legislative and Governmental 03/29/01 05/03/01 35 Affairs Theodore W. Kassinger General Counsel 04/04/01 05/03/01 29 Maria Cino Asst. Secy. and Director General - U.S. and 04/06/01 05/25/01 49 Foreign Commercial Service James J. Jochum Asst. Secy. - Export Administration 04/30/01 05/16/01 16 Bruce P. Mehlman Asst. Secy. - Technology Policy 04/30/01 05/25/01 25 David A. Sampson Asst. Secy. - Economic Development 04/30/01 08/03/01 95 Kathleen B. Cooper Under Secy. - Economic Affairs 04/30/01 05/25/01 25 William H. Lash III Asst. Secy. - Market Access and Compliance 05/08/01 07/19/01 72 James E. Rogan Under Secy. - Intellectual Property and 05/24/01 Returned 08/03/01c Dir. - U.S. Patent and Trademark Samuel W. Bodman Deputy Secretary 06/18/01 07/19/01 31 Michael J. Garcia Asst. Secy. - Export Enforcement 06/18/01 08/03/01 46 Nancy Victory Asst. Secy. - Communications and Information 06/26/01 08/03/01 38 Linda M. Conlin Asst. Secy. - Trade Development 06/28/01 08/03/01 36 Otto Wolff Asst. Secy. - Administration 07/12/01 08/03/01 22 Otto Wolff Chief Financial Officer 07/12/01 08/03/01 22 Phillip J. Bond Under Secy. - Technology 09/04/01 10/23/01 49 James E. Rogan Under Secy. - Intellectual Property and 09/04/01 11/30/01 87 Dir. - U.S. Patent and Trademark Conrad C. Lautenbacher, Under Secy. - Oceans and Atmosphere 10/16/01 11/30/01 45 Jr. Arden Bement, Jr. Director - National Institute of Standards and 10/23/01 11/30/01 38 Technology Charles Louis Kincannon Director - Census 11/15/01 03/13/02 85 James R. Mahoney Asst. Secy. - Oceans and Atmosphere 12/04/01 03/22/02 75 Mean number of days to confirm a nomination 44 Median number of days to confirm a nomination 39 a. If the number of days Rogan's first (pre-recess) nomination was pending in the Senate were included in his total, it would be 158. The mean number of days to confirm a nomination for the department would then be 47. The median would be unchanged. CRS-13 b. Nominated by President Clinton and withdrawn by President Bush. 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. Positions and Incumbents in the Department of Commerce Positionsa Incumbent Level Secretary Donald L. Evans I Deputy Secretary Samuel W. Bodman II Under Secretary - Economic Affairs Kathleen B. Cooper II Under Secretary - Export Administration Kenneth I. Juster II Under Secretary - Intellectual Property and Dir. - Patents & James E. Rogan III Trademark Under Secretary - International Trade Administration Grant D. Aldonas III Under Secretary - Oceans and Atmosphere Conrad C. Lautenbacher, Jr. III Under Secretary - Technology Phillip J.Bond III Asst. Secy. - Administration and Chief Financial Officerb Otto Wolff IV Asst. Secy. - Communications and Information Nancy Victory IV Asst. Secy. - Economic Development David A. Sampson IV Asst. Secy. - Export Administration James J. Jochum IV Asst. Secy. - Export Enforcement Lisa A. Prager (A) IV Asst. Secy. - Import Administration Faryar Shirzad IV Asst. Secy. - Legislative and Intergovernmental Affairs Brenda L. Becker IV Asst. Secy. - Market Access and Compliance William H. Lash III IV Asst. Secy. - Oceans and Atmosphere James R. Mahoney IV Asst. Secy. - Technology Policy Bruce P. Mehlman IV Asst. Secy. - Trade Development Linda M. Conlin IV Asst. Secy. and Dir. Gen. - U.S. and Foreign Commercial Service Maria Cino IV Director - Bureau of the Census Charles Louis Kincannon IV Director - National Institute of Standards and Technology Arden Bement, Jr. IV General Counsel Theodore W. Kassinger IV Inspector Generalc Johnnie E. Frazierd IV Chief Scientist - National Oceanic and Atmospheric Administration -- V (A) - Acting a. Does not include positions in the officer corps of the National Oceanic and Atmospheric Administration, except for the chief scientist position. b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). d. The incumbent has been held over from the previous administration. CRS-14 Department of Defense (DOD) Appointment Action During the 107th Congress Days to Nominee Positions Nominated Confirmed confirma Donald H. Rumsfeld Secretary 01/20/01 01/20/01 1 Paul D. Wolfowitz Deputy Secretary 02/15/01 02/28/01 13 Dov S. Zakheim Under Secy. - Comptroller 03/13/01 05/01/01 49 b Charles S. Abell Asst. Secy. - Force Management Policy 03/29/01 05/03/01 35 Victoria Clarke Asst. Secy. - Public Affairs 04/05/01 05/17/01 42 Powell A. Moore Asst. Secy. - Legislative Affairs 04/23/01 05/01/01 8 William J. Haynes II General Counsel 04/23/01 05/17/01 24 Edward C. Aldridge, Jr. Under Secy. - Acquisition , Technology, 04/23/01 05/08/01 15 and Logistics Douglas J. Feith Under Secy. - Policy 04/30/01 07/12/01 73 David S. C. Chu Under Secy. - Personnel and Readiness 04/30/01 05/26/01 26 Gordon England Secretary - Navy 04/30/01 05/22/01 22 Thomas E. White Secretary - Army 05/01/01 05/24/01 23 Jack D. Crouch II Asst. Secy. - International Security Policy 05/07/01 08/01/01 86 James G. Roche Secretary - Air Force 05/07/01 05/24/01 17 Susan M. Livingstone Under Secy. - Navy 05/07/01 07/19/01 73 Peter W. Rodman Asst. Secy. - International Security Affairs 05/14/01 07/12/01 59 Thomas P. Christie Director - Operational Testing and 05/24/01 07/12/01 49 Evaluation Diane K. Morales Dep. Under Secy. - Logistics and Materiel 06/05/01 07/12/01 37 Readiness Steven J. Morello, Sr. General Counsel - Army 06/05/01 07/12/01 37 William A. Navas, Jr. Asst. Secy. - Navy - Manpower and Reserve 06/07/01 07/12/01 35 Affairs Michael Montelongo Asst. Secy. - Air Force - Financial 06/12/01 07/12/01 30 Management and Comptroller Reginald J. Brown Asst. Secy. - Army - Manpower and 06/12/01 07/12/01 30 Reserve Affairs John J. Young, Jr. Asst. Secy. - Navy - Research, 06/12/01 07/12/01 30 Development, and Acquisition Alberto J. Mora General Counsel - Navy 06/12/01 07/19/01 37 Stephen A. Cambone Dep. Under Secy. - Policy 06/12/01 07/19/01 37 Michael W. Wynne Dep. Under Secy. - Acquisition and 06/12/01 07/12/01 30 Technology CRS-15 Days to Nominee Positions Nominated Confirmed confirma Dionel M. Aviles Asst. Secy. - Navy - Financial Management 06/12/01 07/12/01 30 and Comptroller Joseph E. Schmitz Inspector General 06/18/01 Returned 08/03/01c Michael Parker Asst. Secy. - Army - Civil Works 06/19/01 Returned 08/03/01c H. T. Johnson Asst. Secy. - Navy - Installations and 06/28/01 08/03/01 36 Environment John P. Stenbit Asst. Secy. - Command, Control, 07/12/01 08/03/01 22 Communications, and Intelligence Michael L. Dominguez Asst. Secy. - Air Force - Manpower and 07/12/01 08/03/01 22 Reserve Affairs Nelson F. Gibbs Asst. Secy. - Air Force - Installations and 07/12/01 08/03/01 22 Environment Mario P. Fiori Asst. Secy. - Army - Installations and 07/12/01 08/03/01 22 Environment Ronald M. Sega Director - Defense Research and 07/12/01 08/03/01 22 Engineering Marvin R. Sambur Asst. Secy. - Air Force - Acquisition 07/31/01 Returned 08/03/01c Richard B. Myers Chairman - Joint Chiefs of Staff 09/04/01 09/26/01 22 Peter Pace Vice Chairman - Joint Chiefs of Staff 09/04/01 09/26/01 22 Marvin R. Sambur Asst. Secy. - Air Force - Acquisition 09/04/01 11/08/01 65 Michael Parker Asst. Secy. - Army - Civil Works 09/04/01 09/26/01 22 Joseph E. Schmitz Inspector General 09/04/01 03/21/02 165 Michelle Van Cleave Asst. Secy. - Special Operations and Low- 09/21/01 Withdrawn 10/25/01 Intensity Conflict William Winkenwerder, Jr. Asst. Secy. - Health Affairs 09/21/01 10/16/01 25 Mary L. Walker General Counsel - Air Force 09/25/01 11/08/01 44 Sandra L. Pack Asst. Secy. - Army - Financial Management 10/10/01 11/08/01 29 and Comptroller Dale Klein Asst. to the Secy. - Nuclear, Chemical, and 10/18/01 11/08/01 21 Biological Defense Programs R. L. Brownlee Under Secy. - Army 10/30/01 11/08/01 9 Peter B. Teets Under Secy. - Air Force 10/30/01 12/08/01 39 Claude M. Bolton, Jr. Asst. Secy. - Army - Acquisitions, Logistics, 11/08/01 12/20/01 42 and Technology Charles S. Abell Dep. Under Secy. - Personnel and 03/20/02 11/12/02 205 Readiness Thomas F. Hall Asst. Secy. - Reserve Affairs 04/22/02 10/02/02 131 Mean number of days to confirm a nomination 41 Median number of days to confirm a nomination 30 CRS-16 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Sambur's total would be 68, Parker's total would be 67, Schmitz' total would be 211 and the mean number of days to confirm a nomination for the department would be 43. The median would be unchanged. b. P.L. 107-107, Sec. 901 created the position of Dep. Under Secy. of Personnel and Readiness and reduced the number of assistant secretaries of defense from nine to eight. The position of Asst. Sec. for Force Management Policy was discontinued. As shown, Charles S. Abell was nominated and confirmed first to Asst. Sec. for Force Management Policy and later to Dep. Under Secy. of Personnel and Readiness. 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. Positions and Incumbents in the Department of Defense Positions Incumbent Level Secretary Donald H. Rumsfeld I Deputy Secretary Paul D. Wolfowitz II Under Secretary - Acquisition, Technology, and Logistics Edward C. Aldridge, Jr. II Under Secretary - Comptroller and Chief Financial Officera Dov S. Zakheim III Under Secretary - Policy Douglas J. Feith III Under Secretary - Personnel and Readiness David S. C. Chu III Deputy Under Secy. - Logistics and Materiel Readiness Diane K. Morales III Deputy Under Secy. - Acquisition and Technology Michael W. Wynne III Deputy Under Secy. - Policy -- IV Deputy Under Secy. - Personnel/Readinessb Charles S. Abell IV Asst. Secy. - Command, Control, Communications, and Intelligence John P. Stenbit IV Asst. Secy. - Health Affairs William Winkenwerder, Jr. IV Asst. Secy. - Legislative Affairs Powell A. Moore IV Asst. Secy. - International Security Policy Jack D. Crouch II IV Asst. Secy. - Public Affairs Victoria Clarke IV Asst. Secy. - Reserve Affairs Thomas F. Hall IV Asst. Secy. - Special Operations and Low-Intensity Conflict -- IV Asst. Secy. - International Security Affairs Peter W. Rodman IV Director - Defense Research and Engineering Ronald M. Sega IV Director - Operational Testing and Evaluation Thomas P. Christie IV General Counsel William J. Haynes II IV Inspector Generalc Joseph E. Schmitz IV Asst. to the Secy. - Nuclear, Chemical, and Biological Defense Dale Klein V Programs Department of the Air Force Secretary James G. Roche II Under Secretary Peter B. Teets IV Asst. Secy. - Acquisition Marvin R. Sambur IV Asst. Secy. - Financial Management and Comptroller Michael Montelongo IV Asst. Secy. - Manpower, Reserve Affairs, and Installations Michael L. Dominguez IV Asst. Secy. - Installations and Environment Nelson F. Gibbs IV General Counsel Mary L. Walker IV Department of the Army Secretary Thomas E. White II Under Secretary R. L. Brownlee IV Asst. Secy. - Civil Works R. L. Brownlee (A) IV Asst. Secy. - Financial Management and Comptroller Sandra L. Pack IV Asst. Secy. - Installations and Environment Mario P. Fiori IV Asst. Secy. - Manpower and Reserve Affairs Reginald J. Brown IV Asst. Secy. - Acquisition, Logistics, and Technology Claude M. Bolton, Jr. IV General Counsel Steven J. Morello, Sr. IV CRS-17 Department of the Navy Secretary Gordon England II Under Secretary Susan M. Livingstone IV Asst. Secy. - Financial Management and Comptroller Dionel M. Aviles IV Asst. Secy. - Installations and Environment H. T. Johnson IV Asst. Secy. - Manpower and Reserve Affairs William A. Navas, Jr. IV Asst. Secy. - Research, Development, and Acquisition John J. Young, Jr. IV General Counsel Alberto J. Mora IV Joint Chiefs of Staffd Chairman General Richard B. Myers (Air Force) Vice Chairman General Peter Pace (Marine Corps) Chief of Staff (Air Force) General John P. Jumper Chief of Staff (Army) General Eric K. Shinseki Chief of Naval Operations Admiral Vernon E. Clark Commandant of the Marine Corps General James L. Jones (A) - Acting a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). b. P.L. 107-107, Sec. 901 created the position of Dep. Under Secy. of Personnel and Readiness and reduced the number of assistant secretaries of defense from nine to eight. The position of Asst. Sec. for Force Management Policy was discontinued. As shown, Charles S. Abell was nominated and confirmed first to Asst. Sec. for Force Management Policy and later to Dep. Under Secy. of Personnel and Readiness. c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). d. Chairman and vice chairman serve two-year terms; other members serve four-year terms. The appointment dates for each member are as follows: General Myers, Oct. 1, 2001; General Pace, Oct. 1, 2001; General Jumper, Sept. 6, 2001; General Shinseki, June 21, 1999; Admiral Clark, July 21, 2000; and General Jones, July 1, 1999. CRS-18 Department of Education (ED) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Judith A. Winston Under Secretary 01/05/01 Withdrawn 03/19/01b Roderick R. Paige Secretary 01/20/01 01/20/01 1 William D. Hansen Deputy Secretary 04/23/01 05/22/01 29 Grover J. Whitehurst Asst. Secy. - Educational Research and 04/30/01 07/12/01 73 Improvement Brian Jones General Counsel 04/30/01 Returned 08/03/01c Eugene W. Hickok, Jr. Under Secretary 04/30/01 07/10/01 71 Susan B. Neuman Asst. Secy. - Elementary and Secondary 04/30/01 07/12/01 73 Education Rebecca O. Campoverde Asst. Secy. - Legislation and Congressional 06/05/01 07/12/01 37 Affairs Laurie Rich Asst. Secy. - Intergovernmental and 06/12/01 07/19/01 37 Interagency Affairs Robert Pasternack Asst. Secy. - Special Education and 06/21/01 07/19/01 28 Rehabilitative Services Joanne M. Wilson Commissioner - Rehabilitation Services 06/21/01 07/19/01 28 Administration Carol D'Amico Asst. Secy. - Vocational and Adult 06/29/01 07/19/01 20 Education Brian Jones General Counsel 09/04/01 09/14/01 10 Gerald Reynolds Asst. Secy. - Civil Rights 09/25/01 Returned 11/20/02d Jack Martin Chief Financial Officer 11/05/01 01/25/02 48 William Leidinger Asst. Secy. - Management 12/20/01 02/12/02 21 Sally Stroup Asst. Secy. - Postsecondary Education 02/11/02 03/15/02 32 Gerald Reynolds Asst. Secy. - Civil Rights Recess appointment 03/29/02e Gerald Reynolds Asst. Secy. - Civil Rights 05/16/02 Returned 11/20/02d John P. Higgins, Jr. Inspector General 09/18/02 11/14/02 57 Mean number of days to confirm a nomination 38 Median number of days to confirm a nomination 32 a. If the number of days Jones's first (pre-recess) nomination was pending in the Senate were included in these figures, his total would be 105. The mean number of days to confirm a nomination for the department would then be 44. The median would be 37. b. Nominated by President Clinton and withdrawn by President Bush. 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. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-19 e. Recess appointment expires at the end of the first session of the 108th Congress. Positions and Incumbents in the Department of Education Positions Incumbent Level Secretary Roderick R. Paige I Deputy Secretary William D. Hansen II Under Secretary Eugene W. Hickok, Jr. III Chief Financial Officera Jack Martin IV Asst. Secy. - Management William Leidinger IV Asst. Secy. - Civil Rights Gerald Reynoldsb IV Asst. Secy. - Educational Research and Improvement Grover J. Whitehurst IV Asst. Secy. - Elementary and Secondary Education -- IV Asst. Secy. - Intergovernmental and Interagency Affairs Laurie Rich IV Asst. Secy. - Legislation and Congressional Affairs -- IV Asst. Secy. - Postsecondary Education Sally Stroup IV Asst. Secy. - Special Education and Rehabilitative Services Robert Pasternack IV Asst. Secy. - Vocational and Adult Education Carol D'Amico IV Commissioner - Education Statisticsc -- IV General Counsel Brian Jones IV Inspector Generald John P. Higgins, Jr. IV Commissioner - Rehabilitation Services Administration Joanne M. Wilson V a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). b. Recess appointee. Appointment expires at the end of the first session of the 108th Congress. c. Four-year fixed-term position (20 U.S.C. 9002(b)(1)). d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). CRS-20 Department of Energy (DOE) Appointment Action During 107th Congress Days to Nominee Position Nominated Confirmed confirma Spencer Abraham Secretary 01/20/01 01/20/01 1 Bruce M. Carnes Chief Financial Officer 04/23/01 05/25/01 32 Lee S. L. Otis General Counsel 04/25/01 05/24/01 29 David Garman Asst. Secy. - Energy Efficiency and Renewable 04/30/01 05/25/01 25 Energy Jessie H. Roberson Asst. Secy. - Environmental Management 04/30/01 07/12/01 73 Francis S. Blake Deputy Secretary 04/30/01 05/25/01 25 Robert G. Card Under Secy. - Energy, Science, and 05/02/01 05/25/01 23 Environment Vicky A. Bailey Asst. Secy. - International Affairs and 06/05/01 07/12/01 37 Domestic Policy Dan R. Brouillette Asst. Secy. - Congressional and 06/28/01 08/01/01 34 Intergovernmental Affairs Theresa Director - Office of Minority Economic Impact 07/10/01 08/03/01 24 Alvillar-Speake Linton F. Brooks Dep. Admin. - Defense Nuclear 07/19/01 Returned 08/03/01c Nonproliferation, NNSAb Linton F. Brooks Dep. Admin. - Defense Nuclear 09/04/01 10/16/01 42 Nonproliferation, NNSAb Everet Beckner Dep. Admin. - Defense Programs, NNSAb 09/25/01 01/25/02 89 Michael Smith Asst. Secy. - Fossil Energy 10/02/01 01/25/02 82 Margaret S. Y. Chu Dir. - Office of Civilian Radioactive Waste 11/09/01 03/06/02 84 Management Beverly Cook Asst. Secy. - Environment, Safety, and Health 11/15/01 01/25/02 38 Raymond L. Orbach Dir. - Office of Science 12/11/01 03/04/02 50 Guy F. Caruso Admin. - Energy Information Administration 02/05/02 07/26/02 171 Kyle E. McSlarrow Deputy Secretary 05/01/02 11/14/02 165 Mean number of days to confirm a nomination 57 Median number of days to confirm a nomination 38 a. If the number of days Brooks's first (pre-recess) nomination was pending in the Senate were included in these figures, his total would be 57. The average number of days to confirm a nomination for the department would then be 58. The median would be unchanged. b. NNSA: National Nuclear Security Administration. 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. CRS-21 Positions and Incumbents in the Department of Energy Positions Incumbent Level Secretary Spencer Abraham I Deputy Secretary Kyle E. McSlarrow II Under Secretary - Energy, Science, and Environment Robert G. Card III Under Secretary - Nuclear Securitya Linton F. Brooks (A) III Administrator - National Nuclear Security Administrationa (NNSA) Linton F. Brooks (A) III Deputy Admin. - Defense Programs, NNSA Everet Beckner IV Deputy Admin. - Defense Nuclear Nonproliferation, NNSA Linton F. Brooks IV Administrator -Energy Information Administration Guy F. Caruso IV Asst. Secy. - Congressional and Intergovernmental Affairs -- IV Asst. Secy. - Energy Efficiency and Renewable Energy David Garman IV Asst. Secy. - Environment, Safety, and Health Beverly Cook IV Asst. Secy. - Environmental Management Jessie H. Roberson IV Asst. Secy. - Fossil Energy Michael Smith IV Asst. Secy. - International Affairs and Domestic Policy Vicky A. Bailey IV Asst. Secy. - Nuclear Energy, Science, and Technology -- IV Chief Financial Officerb Bruce M. Carnes IV Director - Civilian Radioactive Waste Management Margaret S. Y. Chu IV Director - Office of Minority Economic Impact Theresa Alvillar-Speake IV Director - Office of Science Raymond L. Orbach IV General Counsel Lee S. L. Otis IV Inspector Generalc Gregory H. Freidmand IV (A) - Acting a. The under secretary serves as the administrator of the National Nuclear Security Administration. b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). d. The incumbent has been held over from the previous administration. CRS-22 Department of Health and Human Services (HHS) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Tommy G. Thompson Secretary 01/20/01 01/24/01 4 Piyush Jindal Asst. Secy. - Planning and Evaluation 04/06/01 05/25/01 49 Wade F. Horn Asst. Secy. - Children and Families 04/06/01 07/25/01 110 Scott Whitaker Asst. Secy. - Legislation 04/06/01 05/01/01 25 Claude A. Allen Deputy Secretary 04/25/01 05/26/01 31 Kevin Keane Asst. Secy. - Public Affairs 04/30/01 07/19/01 80 Thomas Scully Administrator - Centers for Medicare & 04/30/01 05/25/01 25 Medicaid Services Janet Hale Asst. Secy. - Budget, Technology, and Finance 05/22/01 Returned 08/03/01b Janet Rehnquist Inspector General 06/05/01 08/03/01 59 Alex Azar II General Counsel 06/07/01 08/03/01 57 Josefina Carbonell Asst. Secy. - Aging 06/08/01 08/01/01 54 Joan E. Ohl Commissioner - Children, Youth, and Families 07/10/01 Returned 08/03/01b Janet Hale Asst. Secy. - Budget, Technology, and Finance 09/04/01 01/25/02 110 Joan E. Ohl Commissioner - Children, Youth, and Families 09/04/01 01/25/02 110 Charles Curie Administrator - Substance Abuse and Mental 10/02/01 10/25/01 23 Health Services Administration Eve Slater Asst. Secy. - Public Health and Science 12/20/01 01/25/02 3 Elias A. Zerhouni Director - National Institutes of Health 04/29/02 05/02/02 3 Richard H. Carmona Surgeon General 06/25/02 07/23/02 28 Quanah C. Stamps Commissioner - Administration for Native 07/09/02 11/14/02 96 Americans Mark B. McClellan Commissioner - Food and Drug Administration 10/02/02 10/17/02 15 Mean number of days to confirm a nomination 49 Median number of days to confirm a nomination 40 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Hale's total would be 183 and Ohl's total would be 134. The mean number of days to confirm a nomination would then be 54. The median would be unchanged. b. 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. CRS-23 Positions and Incumbents in the Department of Health and Human Services Positions Incumbent Level Secretary Tommy G. Thompson I Deputy Secretary Claude A. Allen II Administrator - Centers for Medicare & Medicaid Services Thomas Scully IV Administrator - Substance Abuse and Mental Health Services Charles Curie IV Administration Asst. Secy. - Administration on Aging Josefina Carbonell IV Asst. Secy. - Administration on Children and Families Wade F. Horn IV Asst. Secy. - Legislation Scott Whitaker IV Asst. Secy. - Budget, Technology, and Finance and Chief Financial Janet Hale IV Officera Asst. Secy. - Planning and Evaluation Piyush Jindal IV Asst. Secy. - Public Affairs Kevin Keane IV Asst. Secy. - Public Health and Science Eve Slater IV Commissioner - Food and Drug Administration Mark B. McClellan IV Director - National Institutes of Health Elias A. Zerhouni IV General Counsel Alex Azar II IV Inspector Generalb Janet Rehnquist IV Commissioner - Children, Youth, and Families Joan E. Ohl V Commissioner - Administration for Native Americans Quanah C. Stamps V Director - Indian Health Servicesc Charles W. Grim (A) V Surgeon Generald Richard H. Carmona NA (A) - Acting a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). Department representatives have indicated that positions have been combined as noted in the table. b. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). c. Four-year term of office (25 U.S.C. 1661(a) note). d. Four-year term of office; by law, Surgeon General must be appointed from the regular corps of the Public Health Service (42 U.S.C. 205). Carmona was confirmed by the Senate on July 23, 2002. CRS-24 Department of Housing and Urban Development (HUD) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Melquiades R. Martinez Secretary 01/20/01 01/23/01 3 Alphonso R. Jackson Deputy Secretary 04/30/01 05/24/01 24 Roy A. Bernardi Asst. Secy. - Community Planning and 04/30/01 05/24/01 24 Development John C. Weicher Asst. Secy. - Housing and Federal Housing 04/30/01 05/24/01 24 Commissr. Richard A. Hauser General Counsel 04/30/01 05/24/01 24 Angela M. Antonelli Chief Financial Officer 05/16/01 07/12/01 57 Ronald A. Rosenfeld Pres. - Government National Mortgage 05/23/01 07/12/01 50 Association Michael M. F. Liu Asst. Secy. - Public and Indian Housing 06/21/01 08/03/01 43 Melody H. Fennel Asst. Secy. - Congressional and 07/10/01 08/03/01 24 Intergovernmental Relations Kenneth M. Donohue, Sr. Inspector General 07/25/01 Returned 08/03/01b Kenneth M. Donohue, Sr. Inspector General 09/04/01 03/22/02 166 Vickers B. Meadows Asst. Secy. - Administration 11/15/01 03/22/02 94 Diane L. Tomb Asst. Secy. - Public Affairs 11/27/01 03/22/02 82 Alberto F. Trevino Asst. Secy. - Policy Development and 04/29/02 11/12/02 165 Research Carolyn Y. Peoples Asst. Secy. - Fair Housing and Equal 06/07/02 11/12/02 126 Opportunity Mean number of days to confirm a nomination 65 Median number of days to confirm a nomination 47 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Donohue's total would be 175. The mean and median number of days to confirm a nomination would remain the same. b. 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. CRS-25 Positions and Incumbents in the Department of Housing and Urban Development Positions Incumbent Level Secretary Melquiades R. Martinez I Deputy Secretary Alphonso R. Jackson II Director - Office of Federal Housing Enterprise Oversighta Armando Falcon, Jr. II Asst. Secy. - Administration Vickers B. Meadows IV Asst. Secy. - Community Planning and Development Roy A. Bernardi IV Asst. Secy. - Congressional and Intergovernmental Relations -- IV Asst. Secy. - Fair Housing and Equal Opportunity Carolyn Y. Peoples IV Asst. Secy. - Housing and Federal Housing Commissioner John C. Weicher IV Asst. Secy. - Policy Development and Research Alberto F. Trevino IV Asst. Secy. - Public Affairs Diane L. Tomb IV Asst. Secy. - Public and Indian Housing Michael M. F. Liu IV Chief Financial Officerb Angela M. Antonelli IV General Counsel Richard A. Hauser IV Inspector Generalc Kenneth M. Donohue, Sr. IV President - Government National Mortgage Association Ronald A. Rosenfeld IV a. Five-year term of office (12 U.S.C. 4512(a)(4)). Falcon was confirmed by the Senate on Sept. 29, 1999. b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). CRS-26 Department of the Interior (DOI) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Kenneth L. Smith Asst. Secy. - Fish, Wildlife and Parks 01/05/01 Withdrawn 03/19/01b Gale A. Norton Secretary 01/20/01 01/30/01 10 J. Steven Griles Deputy Secretary 04/30/01 07/12/01 73 Patricia L. Scarlett Asst. Secy. - Policy, Management, and 05/14/01 07/12/01 59 Budget Neal A. McCaleb Asst. Secy. - Indian Affairs 05/22/01 06/29/01 38 William G. Myers III Solicitor 05/23/01 07/12/01 50 Bennett W. Raley Asst. Secy. - Water and Science 05/24/01 07/12/01 49 Frances P. Mainella Director - National Park Service 06/14/01 07/12/01 28 John W. Keys III Commissioner - Bureau of Reclamation 06/14/01 07/12/01 28 Jeffrey D. Jarrett Dir. - Office of Surface Mining 07/18/01 Returned 08/03/01c Reclamation and Enforcement Harold C. Manson Asst. Secy. - Fish, Wildlife, and Parks 09/04/01 01/25/02 110 Jeffrey D. Jarrett Dir. - Office of Surface Mining 09/04/01 01/25/02 110 Reclamation and Enforcement. Steven A. Williams Dir. - Fish and Wildlife Service 09/25/01 01/29/02 93 Kathleen B. Clarke Dir. - Bureau of Land Management 10/18/01 12/20/01 63 Rebecca W. Watson Asst. Secy. - Land and Minerals 11/07/01 01/25/02 46 Management Mean number of days to confirm a nomination 58 Median number of days to confirm a nomination 50 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Jarrett's total would be 126. The mean number of days to confirm a nomination would be 59, and the median would remain the same. b. Nominated by President Clinton and withdrawn by President Bush. 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. CRS-27 Positions and Incumbents in the Department of the Interior Positions Incumbent Level Secretary Gale A. Norton I Deputy Secretary J. Steven Griles II Asst. Secy. - Fish, Wildlife, and Parks Harold C. Manson IV Asst. Secy. - Indian Affairs Aurene M. Martin (A) IV Asst. Secy. - Land and Minerals Management Rebecca W. Watson IV Asst. Secy. - Policy, Management, and Budget and Chief Financial Patricia L. Scarlett IV Officerb Asst. Secy. - Territories and International Affairsa -- IV Asst. Secy. - Water and Science Bennett W. Raley IV Chairman - National Indian Gaming Commissionc -- IV Inspector Generald Earl E. Devaneye IV Solicitor William G. Myers III IV Director - National Park Service Frances P. Mainella V Director - Office of Surface Mining Reclamation and Enforcement Jeffrey D. Jarrett V Commissioner - Bureau of Reclamation John W. Keys III V Director - Bureau of Land Management Kathleen B. Clarke V Director - U.S. Fish and Wildlife Service Steven A. Williams V Director - U.S. Geological Survey Charles Groate V Special Trustee - Office of Special Trustee for American Indians Donna M. Erwin (A) V Commissioner - Indian Affairsf -- V (A) - Acting a. Position is unfunded and has been vacant since 1995. b. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). c. Three-year term of office; incumbent may be removed only for neglect of duty or malfeasance in office, or for other good cause (25 U.S.C. 704(b)). d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). e. The incumbent has been held over from the previous administration. f. Position has been vacant since 1981. The Acting Deputy Commissioner of the Bureau of Indian Affairs is Terry Virden. CRS-28 Department of Justice (DOJ) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma John Ashcroft Attorney General 01/29/01 02/01/01 3 Theodore B. Olson Solicitor General 03/13/01 05/24/01 72 Larry D. Thompson Deputy Attorney General 03/22/01 05/10/01 49 Daniel J. Bryant Asst. Atty. General - Legislative Affairs 03/28/01 05/10/01 43 Charles A. James, Jr. Asst. Atty. General - Antitrust Division 04/06/01 06/14/01 69 Viet D. Dinh Asst. Atty. General - Office of Legal Policy 04/23/01 05/24/01 31 John W. Gillis Dir. - Office for Victims of Crime 04/30/01 Returned 08/03/01b Michael Chertoff Asst. Atty. General - Criminal Division 04/30/01 05/24/01 24 Ralph F. Boyd, Jr. Asst. Atty. General - Civil Rights Division 04/30/01 07/20/01 81 Robert D. McCallum Asst. Atty. General - Civil Division 04/30/01 08/03/01 95 Thomas L. Sansonetti Asst. Atty. General - Environment and Natural 05/22/01 Returned 08/03/01b Resources J. Robert Flores Admin. - Office of Juvenile Justice and 05/23/01 Returned 08/03/01b Delinquency Prevention Sarah V. Hart Dir. - National Institute of Justice 05/24/01 08/02/01 70 Eileen J. O'Connor Asst. Atty. General - Tax Division 05/24/01 07/20/01 57 Deborah J. Daniels Asst. Atty. General - Office of Justice Programs 06/05/01 Returned 08/03/01b Richard R. Nedelkoff Dir. - Bureau of Justice Assistance 06/05/01 Returned 08/03/01b James W. Ziglar Commissioner. - Immigration and Naturalization 06/12/01 07/31/01 49 Service Asa Hutchinson Administrator of Drug Enforcement 06/12/01 08/01/01 50 Sharee M. Freeman Dir. - Community Relations Service 06/19/01 Returned 08/03/01b Robert S. Mueller III Dir. - Federal Bureau of Investigation 07/18/01 08/02/01 15 Jay S. Bybee Asst. Atty. General - Office of Legal Counsel 08/03/01 Returned 08/03/01b Thomas L. Sansonetti Asst. Atty. General - Environment and Natural 09/04/01 11/30/01 87 Resources Deborah J. Daniels Asst. Atty. General - Office of Justice Programs 09/04/01 09/21/01 17 Jay S. Bybee Asst. Atty. General - Office of Legal Counsel 09/04/01 10/23/01 49 Richard R. Nedelkoff Dir. - Bureau of Justice Assistance 09/04/01 09/14/01 10 John W. Gillis Dir. - Office for Victims of Crime 09/04/01 09/14/01 10 Sharee M. Freeman Dir. - Community Relations Service 09/04/01 11/06/01 63 J. Robert Flores Admin. - Office of Juvenile Justice and 09/04/01 04/12/02 187 Delinquency Prevention Jay B. Stephens Associate Attorney General 09/10/01 11/08/01 59 Juan Carlos Benitez Special Counsel - Immigration-Related 09/12/01 11/06/01 55 Unfair Employment Practices Benigno G. Reyna Director - U.S. Marshals Service 09/12/01 10/25/01 43 Lawrence A. Greenfeld Director - Bureau of Justice Statistics 11/27/01 07/29/02 211 CRS-29 Days to Nominee Position Nominated Confirmed confirma John B. Brown III Deputy Admin. - Drug Enforcement 02/11/02 04/12/02 60 Administration Mean number of days to confirm a nomination 60 Median number of days to confirm a nomination 53 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included, the following "days to confirm" would change as follows: Sansonetti (158), Daniels (76), Nedelkoff (69), Gillis (105), Freeman (108) and Flores (259). Bybee's total would not change, since no days elapsed during the time his first nomination was in the Senate. The mean number of days to confirm a nomination for the department would then be 75. The median would be 60. b. 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. CRS-30 Positions and Incumbents in the Department of Justice Positionsa Incumbent Level Attorney General John Ashcroft I Deputy Attorney General Larry D. Thompson II Director - Federal Bureau of Investigationb Robert S. Mueller II Administrator of Drug Enforcement Asa Hutchinson III Associate Attorney General Peter D. Keisler (A) III Solicitor General Theodore B. Olson III Asst. Attorney General - Antitrust Division R. Hewitt Pate (A) IV Asst. Attorney General - Civil Division Robert D. McCallum IV Asst. Attorney General - Civil Rights Division Ralph F. Boyd, Jr. IV Asst. Attorney General - Criminal Division Michael Chertoff IV Asst. Attorney General - Environment and Natural Resources Thomas L. Sansonetti IV Asst. Attorney General - Legislative Affairs Daniel J. Bryant IV Asst. Attorney General - Office of Justice Programs Deborah J. Daniels IV Asst. Attorney General - Office of Legal Counsel Jay S. Bybee IV Asst. Attorney General - Office of Legal Policy Viet D. Dinh IV Asst. Attorney General - Tax Division Eileen J. O'Connor IV Administrator - Office of Juvenile Justice and Delinquency J. Robert Flores IV Prevention Commissioner - Immigration and Naturalization Service Michael J. Garcia (A) IV Deputy Admin - Drug Enforcement Administration John B. Brown IV Director - Bureau of Justice Assistance Richard R. Nedelkoff IV Director - Bureau of Justice Statistics Lawrence A. Greenfield IV Director - Community Relations Servicec Sharee M. Freeman IV Director - National Institute of Justice Sarah V. Hart IV Director - Office for Victims of Crime John W. Gillis IV Director - U.S. Marshals Service Benigno G. Reyna IV Inspector Generald Glenn Finee IV Special Counsel - Immigration-Related Unfair Employment Practicesf Juan Carlos Benitez IV (A) - Acting a. Does not include positions of U.S. attorney and U.S. marshal. The position of chief financial officer (CFO) is also not listed here. Although the Department of Justice is included in the statute that provides presidentially appointed and Senate-confirmed CFOs for all of the major executive branch agencies (31 U.S.C. 901(a)(1)), this provision is superseded by 28 U.S.C. 507. The latter section provides that the Assistant Attorney General for Administration, appointed by the Attorney General with the approval of the President, shall be the CFO for the Department of Justice. At the end of the 107th Cong., the Assistant Attorney General for Administration was Paul R. Corts. The CFO for the Department of Justice was listed on the CFO Council Web site as Robert F. Diegelman (A). ([http://www.cfoc.gov/], visited Dec. 12, 2002). b. Ten-year term; incumbent may not serve more than one 10-year term (28 U.S.C. 532 note). For more information on the recent history of FBI director nominations, see CRS Report RS20963, Nomination and Confirmation of the FBI Director: Process and Recent History, by Henry B. Hogue. Mueller was confirmed by the Senate on Aug. 2, 2001. c. Four-year term (42 U.S.C. 2000g). Freeman was confirmed by the Senate on Nov. 6, 2001. d. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). e. The incumbent has been held over from the previous administration. f. Four-year term (8 U.S.C. 1324b(3)). Benitez was confirmed by the Senate on Nov. 6, 2001. CRS-31 Department of Labor (DOL) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Elaine L. Chao Secretary 01/29/01 01/29/01 1 Christpher T. Spear Asst. Secy. - Policy 04/04/01 04/06/01 2 Kristine A. Iverson Asst. Secy. - Congressional and 04/05/01 04/06/01 1 Intergovernmental Affairs Patrick Pizzella Asst. Secy. - Administration and Management 04/25/01 05/09/01 14 David D. Lauriski Asst. Secy. - Mine Safety and Health 04/30/01 05/09/01 9 Eugene Scalia Solicitor 04/30/01 Returned 08/03/01b Ann L. Combs Asst. Secy. - Pension and Welfare Benefits 04/30/01 05/09/01 9 Administration Shinae Chun Dir. - Women's Bureau 04/30/01 05/09/01 9 D. Cameron Findlay Deputy Secretary 04/30/01 05/25/01 25 John L. Henshaw Asst. Secy. - OSHA 06/12/01 08/03/01 52 Emily S. DeRocco Asst. Secy. - Employment and Training 07/10/01 08/03/01 24 Administration Frederico Juarbe, Jr. Asst. Secy. - Veterans' Employment and 08/03/01 Returned 08/03/01b Training Eugene Scalia Solicitor 09/04/01 Returned 11/20/02c Frederico Juarbe, Jr. Asst. Secy. - Veterans' Employment and 09/04/01 11/08/01 65 Training Tammy D. McCutchen Admin. - Wage and Hour Division 09/14/01 12/08/01 85 W. Michael Cox Assistant Secretary 10/18/01 Withdrawn 11/07/01 Samuel T. Mok Chief Financial Officer 10/18/01 01/25/02 66 Eugene Scalia Solicitor Recess appointment 01/11/02d Eugene Scalia Solicitor 02/05/02 Returned 11/20/02c Victoria A. Lipnic Asst. Secy. - Employment Standards 02/27/02 03/22/02 23 Administration W. Roy Grizzard, Jr. Asst. Secy. - Disability Employment Policy 03/14/02 07/26/02 134 Kathleen M. Harrington Asst. Secy. - Office of Public Affairs 03/20/02 04/26/02 37 Kathleen P. Utgoff Commissioner - Bureau of Labor Statistics 03/21/02 07/26/02 127 Mean number of days to confirm a nomination 40 Median number of days to confirm a nomination 24 a. If the number of days Juarbe's first (pre-recess) nomination was pending in the Senate was included, the "days to confirm" for his nomination would not change, because no days elapsed during the time his first nomination was in the Senate. Consequently the mean and median also would not change. b. 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. CRS-32 c. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. d. This recess appointment was made on Jan. 11, 2002, between the end of the first session and the beginning of the second session of the 107th Congress, and it expired at the end of the 107th Congress. For further information, see notes to "Positions and Incumbents in the Department of Labor" (next table). Positions and Incumbents in the Department of Labor Positions Incumbent Level Secretary Elaine L. Chao I Deputy Secretary D. Cameron Findlay II Asst. Secy. - Administration and Management Patrick Pizzella IV Asst. Secy. - Congressional and Intergovernmental Affairs Kristine A. Iverson IV Asst. Secy. - Employment and Training Administration Emily S. DeRocco IV Asst. Secy. - Employment Standards Administration Victoria A. Lipnic IV Asst. Secy. - Mine Safety and Health Administration David D. Lauriski IV Asst. Secy. - Occupational Safety and Health Administration John L. Henshaw IV Asst. Secy. - Office of Public Affairs Kathleen M. Harrington IV Asst. Secy. - Pension and Welfare Benefits Administration Ann L. Combs IV Asst. Secy. - Policy Christopher T. Spear IV Asst. Secy. - Veterans' Employment and Training Frederico Juarbe, Jr. IV Asst. Secy. - Disability Employment Policy W. Roy Grizzard, Jr. IV Chief Financial Officera Samuel T. Mok IV Commissioner - Bureau of Labor Statisticsb Kathleen P. Utgoff IV Inspector Generalc Gordon S. Heddelld IV Solicitor Howard Radzely (A)e IV Administrator - Wage and Hour Division Tammy D. McCutchen Vg Director - Women's Bureauf Shinae Chun (A) - Acting a. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). b. Four-year term (29 U.S.C. 3). c. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). d. The incumbent has been held over from the previous administration. e. As noted in the previous table, Eugene Scalia was recess appointed to this position on Jan. 11, 2001. The recess appointment expired at the close of the 107th Congress. Several days before the appointment expired, Scalia was appointed to a non-career Senior Executive Service position, Senior Advisor to the Secretary. With the position of Solicitor technically vacant, the President then gave Scalia a temporary appointment to the position, on Nov. 22, 2002, under the provisions of the Vacancies Act (5 U.S.C. 3345(a)(3)). Under the Act, Scalia could have served at least 210 days in this capacity. He resigned from the post on Jan. 6, 2003, and Howard Radzely became acting solicitor on Jan. 7, 2003. f. By statute, the incumbent must be a woman (29 U.S.C. 12). g. Ungraded senior level position with a salary maximum equal to Executive Schedule Level IV. CRS-33 Department of State (DOS) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Peter F. Romero Asst. Secy. - Inter-American Affairs 01/05/01 Withdrawn 03/19/01b James F. Dobbins Asst. Secy. - European Affairs 01/05/01 Withdrawn 03/19/01b Colin L. Powell Secretary 01/20/01 01/20/01 1 Marc I. Grossman Under Secy. - Political Affairs 03/08/01 03/23/01 15 Richard L. Armitage Deputy Secretary 03/08/01 03/23/01 15 John R. Bolton Under Secy. - Arms Control and 03/08/01 03/23/01 15 International Security Affairs Grant S. Green, Jr. Under Secy. - Management 03/08/01 03/28/01 20 William H. Taft IV Legal Advisor 03/08/01 04/05/01 28 James A. Kelly Asst. Secy. - East Asian and Pacific Affairs 04/03/01 04/26/01 23 Paula J. Dobriansky Under Secy. - Global Affairs 04/04/01 04/26/01 22 Lincoln P. Bloomfield, Jr. Asst. Secy. - Political and Military Affairs 04/05/01 05/22/01 47 A. Elizabeth Jones Asst. Secy. - European and Eurasian Affairs 04/23/01 05/25/01 32 Walter H. Kansteiner III Asst. Secy. - African Affairs 04/30/01 05/25/01 25 Lorne W. Craner Asst. Secy. - Democracy, Human Rights, 04/30/01 05/25/01 25 and Labor William J. Burns Asst. Secy. - Near Eastern Affairs 04/30/01 05/25/01 25 Ruth A. Davis Director General - Foreign Service 04/30/01 05/25/01 25 Carl W. Ford, Jr. Asst. Secy. - Intelligence and Research 04/30/01 05/25/01 25 Christina B. Rocca Asst. Secy. - South Asian Affairs 04/30/01 05/25/01 25 Paul V. Kelly Asst. Secy. - Legislative Affairs 05/14/01 05/25/01 11 John D. Negroponte U.S. Representative - United Nations 05/14/01 Returned 08/03/01c Pierre-Richard Prosper Amb.-at-Large - War Crimes Issues 05/16/01 07/11/01 56 Francis X. Taylor Coordinator - Counterterrorism 05/22/01 07/11/01 50 William A. Eaton Asst. Secy. - Administration 06/05/01 07/11/01 36 Clark K. Ervin Inspector General 06/14/01 08/01/01 48 Roger F. Noriega U.S. Rep. - Organization of American States 06/26/01 08/01/01 36 Charlotte L. Beers Under Secy. - Public Diplomacy and Public 06/29/01 Returned 08/03/01c Affairs Otto J. Reich Asst. Secy. - Western Hemisphere Affairs 07/12/01 Returned 08/03/01c Patricia Harrison Asst. Secy. - Educational and Cultural 07/23/01 Returned 08/03/01c Affairs CRS-34 Days to Nominee Position Nominated Confirmed confirma John F. Turner Asst. Secy. - Oceans and International 07/31/01 Returned 08/03/01c Environmental and Scientific Affairs Patricia Harrison Asst. Secy. - Educational and Cultural 09/04/01 09/26/01 22 Affairs Charlotte L. Beers Under Secy. - Public Diplomacy and Public 09/04/01 09/26/01 22 Affairs Otto J. Reich Asst. Secy. - Western Hemisphere Affairs 09/04/01 Returned 12/20/01d John F. Turner Asst. Secy. - Oceans and International 09/04/01 10/30/01 56 Environmental and Scientific Affairs John D. Negroponte U.S. Representative - United Nations 09/04/01 09/14/01 10 John S. Wolf Asst. Secy. - Non-proliferation 09/10/01 09/26/01 16 Patrick F. Kennedy U.S. Alt. Rep. - U.N. Management and 10/02/01 10/12/01 10 Reform Sichan Siv U.S. Alt. Rep. - U.N. Economic and Social 10/18/01 11/09/01 22 Council Christopher B. Burnham Chief Financial Officer 10/16/01 01/25/02 68 Christopher B. Burnham Asst. Secy. - Resource Management 10/30/01 01/25/02 54 Richard S. Williamson U.S. Alt. Rep. - U.N. Special Political 11/01/01 11/09/01 8 Affairs John V. Hanford III Amb.-at-Large - International Religious 11/07/01 01/25/02 46 Freedom Arthur E. Dewey Asst. Secy. - Population, Refugees, and 11/15/01 01/25/02 38 Migration Affairs Grant S. Green, Jr. Dep. Secy. - Management and Resources 12/04/01 Returned 11/20/02e Otto J. Reich Asst. Secy. - Western Hemisphere Affairs Recess appointment 01/11/02f Otto J. Reich Asst. Secy. - Western Hemisphere Affairs 02/26/02 Returned 11/20/02e Stephen G. Rademaker Asst. Secy. - Arms Control 03/04/02 08/01/02 150 Paula A. DeSutter Asst. Secy. - Verification and Compliance 03/22/02 08/01/02 132 Kim R. Holmes Asst. Secy. - International Organizations 09/03/02 11/14/02 72 Francis X. Taylor Asst. Secy. - Diplomatic Security and 09/04/02 11/12/02 69 Director - Office of Foreign Missions Maura A. Harty Asst. Secy. - Consular Affairs 09/12/02 11/14/02 63 J. Cofer Black Amb.-at-Large - Coordinator - 10/10/02 11/14/02 35 Counterterrorism Mean number of days to confirm a nomination 37 Median number of days to confirm a nomination 25 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, the following "days to confirm" would change as noted: Harrison (33), Beers (57), Turner (59), and Negroponte (91). CRS-35 The average number of days to confirm a nomination for the department would then be 40. The median would be 33. b. Nominated by President Clinton and withdrawn by President Bush. 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. This nomination was one of two excepted from the unanimous-consent agreement that prevented most nominations from automatically being returned to the President at the end of the first session of the 107th Congress. e. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. f. This recess appointment was made on Jan. 11, 2002, between the end of the first session and the beginning of the second session of the 107th Congress, and it expired at the end of the 107th Congress. Positions and Incumbents in the Department of State Positionsa Incumbent Level Department Secretary Colin L. Powell I Deputy Secretary Richard L. Armitage II Deputy Secretary - Management and Resources -- II Under Secy. - Economic, Business, and Agricultural Affairs Alan Larsonb III Under Secy. - Global Affairs Paula Dobriansky III Under Secy. - Arms Control and International Security John R. Bolton III Under Secy. - Management Grant S. Green, Jr. III Under Secy. - Political Affairs Marc I. Grossman III Under Secy. - Public Diplomacy and Public Affairs Charlotte L. Beers III Ambassador-at-Large - International Religious Freedom John V. Hanford III III Ambassador-at-Large - Newly Independent States -- IV Ambassador-at-Large - War Crimes Pierre-Richard Prosper IV Ambassador-at-Large - Coordinator - Counterterrorism J. Cofer Black IV Asst. Secy. - Administration William A. Eaton IV Asst. Secy. - African Affairs Walter H. Kansteiner III IV Asst. Secy. - Arms Control Stephen G. Rademaker IV Asst. Secy. - Consular Affairs Maura A. Harty IV Asst. Secy. - Democracy, Human Rights, and Labor Lorne W. Craner IV Asst. Secy. - Diplomatic Security and Director - Office of Foreign Francis X. Taylor IV Missions Asst. Secy. - East Asia and Pacific Affairs James A. Kelly IV Asst. Secy. - Economic and Business Affairs Earl A. Wayneb IV Asst. Secy. - Educational and Cultural Affairs Patricia Harrison IV Asst. Secy. - European and Eurasian Affairs A. Elizabeth Jones IV Asst. Secy. - Intelligence and Research Carl W. Ford, Jr. IV Asst. Secy. - International Narcotics and Law Enforcement Paul Simons (A) IV Asst. Secy. - International Organizations Kim R. Holmes IV Asst. Secy. - Legislative Affairs Paul V. Kelly IV Asst. Secy. - Near Eastern Affairs William J. Burns IV Asst. Secy. - Non-proliferation John S. Wolf IV Asst. Secy. - Oceans and International Environmental and Scientific John F. Turner IV Affairs Asst. Secy. - Political and Military Affairs Lincoln P. Bloomfield, Jr. IV Asst. Secy. - Population, Refugee, and Migration Affairs Arthur E. Dewey IV Asst. Secy. - Public Affairs Richard A. Boucherb IV Asst. Secy. - South Asian Affairs Christina B. Rocca IV Asst. Secy. - Verification and Compliance Paula A. DeSutter IV Asst. Secy. - Western Hemisphere Affairs -- IV Asst. Secy. - Resource Management Christopher B. Burnham IV Chief Financial Officerc Christopher B. Burnham IV CRS-36 Counselor -- IV Director General - Foreign Serviced Ruth A. Davis IV Inspector Generale Clark K. Ervin IV Legal Adviser William H. Taft IV IV Special Negotiator - Chemical and Biological Arms Control Donald Mahleyb IV Special Representative of President -- IV International Organizations U.S. Representative - United Nations John D. Negroponte II U.S. Representative - Organization of American States Roger F. Noriega FEf U.S. Deputy Representative - United Nations James B. Cunninghamb III U.S. Alternate Representative - U.N. Economic and Social Council Sichan Siv IV U.S. Alternate Representative - U.N. Management and Reform Patrick F. Kennedy IV U.S. Alternate Representative - U.N. Special Political Affairs Richard S. Williamson IV (A) - Acting a. Does not include chiefs of mission in overseas posts. b. The incumbent has been held over from the previous administration. c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). d. By law, incumbent must be a career senior foreign service officer (22 U.S.C. 3928). e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). f. Senior Foreign Service - political appointment on a career track. CRS-37 Department of Transportation (DOT) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed Confirma Norman Y. Mineta Secretary 01/24/01 01/24/01 1 Michael P. Jackson Deputy Secretary 03/08/01 05/03/01 56 Donna R. McLean Asst. Secy. - Budget and Programsb 04/03/01 05/25/01 52 Sean B. O'Hollaren Asst. Secy. - Governmental Affairs 04/04/01 05/25/01 51 Allan Rutter Admin. - Federal Railroad Administration 05/14/01 07/19/01 66 Jennifer L. Dorn Admin. - Federal Transit Administration 05/24/01 07/12/01 49 Ellen G. Engleman Admin. - Research and Special Programs 06/07/01 Returned 08/03/01c Administration Kirk Van Tine General Counsel 06/12/01 Returned 08/03/01c Jeffrey W. Runge Admin. - National Highway Traffic Safety 06/26/01 08/03/01 38 Administration Mary E. Peters Admin. - Federal Highway Administration 07/31/01 Returned 08/03/01c Joseph M. Clapp Admin. - Federal Motor Carrier Safety 08/03/01 Returned 08/03/01c Administration Kirk Van Tine General Counsel 09/04/01 09/24/01 20 Ellen G. Engleman Admin. - Research and Special Programs 09/04/01 09/21/01 17 Administration Joseph M. Clapp Admin. - Federal Motor Carrier Safety 09/04/01 09/26/01 22 Administration Mary E. Peters Admin. - Federal Highway Administration 09/04/01 09/26/01 22 Read Van de Water Asst. Secy. - Aviation and International 09/12/01 09/21/01 9 Affairs Emil H. Frankel Asst. Secy. - Transportation Policy 09/14/01 Returned 11/20/02 d Jeffrey Shane Associate Deputy Secretary 10/10/01 Returned 11/20/02 d William Schubert Admin. - Maritime Administration 10/18/01 11/30/01 43 John Magaw Under Secy. - Security 12/13/01 01/28/02 13 John Magaw Under Secy. - Security Recess appointment 01/07/02e Emil H. Frankel Asst. Secy. - Transportation Policy Recess appointment 03/29/02e Jeffrey Shane Associate Deputy Secretary Recess appointment 03/29/02e Emil H. Frankel Asst. Secy. - Transportation Policy 05/16/02 Returned 11/20/02 d Jeffrey Shane Associate Deputy Secretary 05/16/02 Returned 11/20/02 d Marion C. Blakey Admin. - Federal Aviation Administration 07/26/02 09/11/02 15 James M. Loy Under Secy. - Security 11/14/02 11/18/02 4 Mean number of days to confirm a nomination 30 Median number of days to confirm a nomination 22 CRS-38 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, the following "days to confirm" would change as noted: Van Tine (72), Engleman (74), Peters (25). Clapp's total would not change, since no days elapsed while his first nomination was in the Senate. The mean number of days to confirm a nomination for the department would then be 37. The median would be 41. b. The Senate nominations database, [http://www.congress.gov/nomis/], indicates that McLean was nominated only to this position. Prior to her nomination, on March 7, 2001, however, the President had announced his intention to appoint her as CFO as well (see [http://www.whitehouse.gov/news/briefings/20010307.html], visited March 26, 2001). 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. Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. e. Magaw was nominated prior to his recess appointment and confirmed soon after his the appointment. His recess appointment would have expired at the end of the 107th Congress. The recess appointments of Frankel and Shane expire at the end of the first session of the 108th Congress. Positions and Incumbents in the Department of Transportation Positions Incumbent Level Secretary Norman Y. Mineta I Deputy Secretary Michael P. Jackson II Under Secretary - Security James M. Loy II Administrator - Federal Aviation Administrationa Marion C. Blakey II Administrator - Federal Highway Administration Mary E. Peters II Administrator - Federal Motor Carrier Safety Administration Annette Sandberg (A) III Administrator - Federal Railroad Administration Allan Rutter III Administrator - Federal Transit Administration Jennifer L. Dorn III Administrator - Maritime Administration William Schubert III Administrator - National Highway Traffic Safety Administration Jeffrey W. Runge III Administrator - Research and Special Programs Administration Ellen G. Engleman III Administrator - St. Lawrence Seaway Development Corporationb Albert S. Jacquez IV Asst. Secy. - Aviation and International Affairs Read Van de Water IV Asst. Secy. - Budget and Programs and Chief Financial Officerc Donna R. McLean IV Asst. Secy. - Governmental Affairs Sean B. O'Hollaren IV Asst. Secy. - Transportation Policy Emil H. Frankeld IV Deputy Administrator - Federal Aviation Administration -- IV General Counsel Kirk Van Tine IV Inspector Generale Kenneth M. Meadf IV Associate Deputy Secretary Jeffrey Shaned V Director - Bureau of Transportation Statisticsg Richard Kowalewski (A) V (A) - Acting a. Five-year term; incumbent may continue to serve after term expires until successor is appointed and confirmed (49 U.S.C. 106(b)). Blakey was confirmed by the Senate on Sept. 11, 2002. b. Seven-year term; if position becomes vacant before term expires, appointment may be only to complete unexpired term (33 U.S.C. 982(a)). Jacquez was confirmed by the Senate on July 1, 1999. c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). See also note b from previous table. d. Recess appointee. Appointment expires at the end of the first session of the 108th Congress. e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). f. The incumbent has been held over from the previous administration. g. Four-year term (49 U.S.C. 111(b)). CRS-39 Department of the Treasury (TREA) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirma Paul H. O'Neill Secretary 01/20/01 01/20/01 1 Mark A. Weinberger Asst. Secy. - Tax Policy 02/26/01 03/01/01 3 David Aufhauser General Counsel 02/28/01 05/26/01 87 John M. Duncan Dep. Under Secy. - Legislative Affairs 02/28/01 02/28/01 1 Kenneth W. Dam Deputy Secretary 03/08/01 08/03/01 148 Michele A. Davis Asst. Secy. - Public Affairs and Public 03/22/01 08/03/01 134 Liaison John B. Taylor Under Secy. - International Affairs 04/04/01 05/26/01 52 Jimmy Gurule Under Secy. - Enforcement 04/30/01 08/03/01 95 Peter R. Fisher Under Secy. - Domestic Finance 04/30/01 08/03/01 95 Brian C. Roseboro Asst. Secy. - Financial Markets 05/14/01 07/19/01 66 Sheila Bair Asst. Secy. - Financial Institutions 06/07/01 07/19/01 42 Robert C. Bonner Commissioner of Customs 06/26/01 Returned 08/03/01b Rosario Marin Treasurer of the United States 06/26/01 08/03/01 38 Henrietta H. Fore Director of the Mint 06/29/01 08/03/01 35 James Gilleran Director - Office of Thrift Supervision 07/25/01 Returned 08/03/01b B. John Williams, Jr. Chief Counsel - IRS and Assistant General 08/03/01 Returned 08/03/01b Counsel - Tax James Gilleran Director - Office of Thrift Supervision 09/04/01 11/28/01 85 B. John Williams, Jr. Chief Counsel - IRS and Assistant General 09/04/01 01/25/02 110 Counsel - Tax Robert C. Bonner Commissioner of Customs 09/04/01 09/19/01 15 Richard Clarida Asst. Secy. - Economic Policy 10/31/01 01/25/02 53 Kenneth Lawson Asst. Secy. - Enforcement 10/31/01 03/22/02 109 Edward Kingman, Jr. Asst. Secy. - Management 11/15/01 01/25/02 38 Edward Kingman, Jr. Chief Financial Officer 11/15/01 01/25/02 38 Randal Quarles Dep. Under Secy. - International Affairs 12/05/01 03/22/02 74 Pamela F. Olson Asst. Secy. - Tax Policy 07/18/02 09/05/02 17 Wayne Abernathy Asst. Secy. - Financial Institutions 08/01/02 11/14/02 73 Mean number of days to confirm a nomination 61 Median number of days to confirm a nomination 53 CRS-40 a. If the number of days the first (pre-recess) nominations were pending in the Senate were included in these figures, Gilleran's total would be 94 and Bonner's total would be 53. Williams' total would be unchanged, because no days elapsed during the time his first nomination was in the Senate. The mean number of days to confirm a nomination for the department would be 63, and the median would remain 53. b. 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. Positions and Incumbents in the Department of the Treasury Positions Incumbent Level Secretary Kenneth W. Dam (A) I Deputy Secretary Kenneth W. Dam II Commissioner of Internal Revenuea Robert E. Wenzel (A) III Commissioner of Customs Robert C. Bonner III Comptroller of the Currencyb John D. Hawke, Jr. III Director - Office of Thrift Supervisionc James Gilleran III Under Secy. - Domestic Finance Peter R. Fisher III Under Secy. - Enforcement Jimmy Gurule III Under Secy. - International Affairs John B. Taylor III Asst. Secy. - Economic Policy Richard Clarida IV Asst. Secy. - Enforcement Kenneth Lawson IV Asst. Secy. - Financial Institutions Wayne Abernathy IV Asst. Secy. - Financial Markets Brian C. Roseboro IV Asst. Secy. - Management and Chief Financial Officerd Teresa M. Ressel (A) IV Asst. Secy. - Public Affairs and Public Liaison Michele A. Davis IV Asst. Secy. - Tax Policy Pamela F. Olson IV Deputy Under Secy./Asst. Secy. - International Affairs Randal Quarles IV Deputy Under Secy./Asst. Secy. - Legislative Affairs John M. Duncan IV General Counsel David Aufhauser IV Inspector Generale Jeffrey Rush, Jr.f IV Inspector General for Tax Administration Pamela Gardiner (A) IV Chief Counsel - IRS/Assistant General Counsel for Tax B. John Williams, Jr. V Director of the Mintg Henrietta H. Fore SLh Treasurer of the United States Rosario Marin SLh (A) - Acting a. Five-year term; if the position becomes vacant before the term expires, the appointment may be only to complete the unexpired term (26 U.S.C. 7803(a)(1)). The incumbent may continue in office after his term expires until a successor is appointed and qualifies (31 U.S.C. 310). b. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reason to the Senate. The incumbent may continue in office after his term expires until a successor is appointed (12 U.S.C. 2, and 31 U.S.C. 310). Hawke was confirmed by the Senate on Oct. 7, 1999. c. Five-year term; if the position becomes vacant before the term expires, the appointment may be only to complete the unexpired term. The incumbent may continue in office after his term expires until a successor is appointed (12 U.S.C. 1462a(c) and 31 U.S.C. 310). Gilleran's term expired on Oct. 23, 2002. d. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). f. The incumbent has been held over from the previous administration. g. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reasons to Congress. The incumbent may continue in office after the term expires until a successor is appointed (31 U.S.C. 304 and 310). Fore was confirmed by the Senate on Aug. 3, 2001. h. Ungraded senior level position with a base pay maximum at a rate equal to Executive Schedule Level IV, but base plus locality maximum is Executive Schedule Level III. CRS-41 Department of Veterans Affairs (DVA) Appointment Action During the 107th Congress Days to Nominee Position Nominated Confirmed confirm Anthony J. Principi Secretary 01/20/01 01/23/01 3 Tim S. McClain General Counsel 03/22/01 04/06/01 15 Maureen P. Cragin Asst. Secy. - Public and Intergovernmental 04/23/01 05/24/01 31 Affairs Leo S. Mackay, Jr. Deputy Secretary 04/30/01 05/24/01 24 Robin L. Higgins Under Secy. - Memorial Affairs 04/30/01 05/24/01 24 Gordon H. Mansfield Asst. Secy. - Congressional and Legislative 04/30/01 08/01/01 93 Affairs Jacob Lozada Asst. Secy. - Human Resources and 04/30/01 05/24/01 24 Admininstration Claude M. Kicklighter Asst. Secy. - Policy and Planning 06/27/01 08/03/01 37 John A. Gauss Asst. Secy. - Information and Technology 07/17/01 08/03/01 17 Daniel L. Cooper Under Secy. - Benefits 02/05/02 03/22/02 45 Robert H. Roswell Under Secy. - Health 02/06/02 03/22/02 44 William H. Campbell Asst. Secy. - Management 06/06/02 06/06/02 1 Mean number of days to confirm a nomination 30 Median number of days to confirm a nomination 24 CRS-42 Positions and Incumbents in the Department of Veterans Affairs Positions Incumbent Level Secretary Anthony J. Principi I Deputy Secretary Leo S. Mackay, Jr. II Under Secretary - Benefitsa Daniel L. Cooper III Under Secretary - Healthb Robert H. Roswell III Under Secretary - Memorial Affairs S. Eric Benson (A) IV Asst. Secy. - Congressional and Legislative Affairs Gordon H. Mansfield IV Asst. Secy. - Human Resources and Administration Jacob Lozada IV Asst. Secy. - Management and Chief Financial Officerc William H. Campbell IV Asst. Secy. - Policy and Planning Claude M. Kicklighter IV Asst. Secy. - Public and Intergovernmental Affairs Thomas G. Bowman (A) IV Asst. Secy. - Information and Technology John A. Gauss IV Chairman - Board of Veterans' Appealsd Eligah D. Clark IV General Counsel Tim S. McClain IV Inspector Generale Richard J. Griffinf IV (A) - Acting a. Five-year term; if the incumbent is removed before the term expires, the President must communicate the reasons to the Senate. The incumbent may continue in office after a term expires until a successor is appointed (17 U.S.C. 2, and 31 U.S.C. 309). Cooper was confirmed by the Senate on Mar. 22, 2002. b. Four-year term; incumbent must be a medical doctor. If the incumbent is removed before the term expires, the President must communicate the reasons for the removal to Congress (38 U.S.C. 305(a) and (c)). Roswell was confirmed by the Senate on Mar. 22, 2002. c. The chief financial officer may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for another position (31 U.S.C. 901(a)(1)). Department representatives have indicated that positions will be combined as noted in the table. d. Six-year term; the President may remove the incumbent before a term expires only for misconduct, inefficiency, neglect of duty, or engaging in the practice of law or for physical or mental disability (38 U.S.C. 4000(b)(1)). Clark was confirmed by the Senate on Oct. 21, 1998. e. The President may remove an inspector general (IG) from office, as he may remove most other appointed officials in the departments. In the case of the IG, however, the law provides that he "shall communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appx. § 3(b)). f The incumbent has been held over from the previous administration. CRS-43 Appendix A. Nominations and Recess Appointments, 107th Congress Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Charles S. Abell Asst. Secy. - Force Management Policy DOD 03/29/01 05/03/01 35 Charles S. Abell Dep. Under Secy. - Personnel and Readiness DOD 03/20/02 11/12/02 205 Wayne Abernathy Asst. Secy. - Financial Institutions TREA 08/01/02 11/14/02 73 Spencer Abraham Secretary DOE 01/20/01 01/20/01 1 Grant D. Aldonas Under Secy. - International Trade DOC 03/29/01 05/10/01 42 Administration Edward C. Aldridge, Jr. Under Secy. - Acquisition, Technology, and DOD 04/23/01 05/08/01 15 Logistics Claude A. Allen Deputy Secretary HHS 04/25/01 05/26/01 31 Theresa Alvillar-Speake Director - Office of Minority Economic Impact DOE 07/10/01 08/03/01 24 Angela M. Antonelli Chief Financial Officer HUD 05/16/01 07/12/01 57 Richard L. Armitage Deputy Secretary DOS 03/08/01 03/23/01 15 John Ashcroft Attorney General DOJ 01/29/01 02/01/01 3 David Aufhauser General Counsel TREA 02/28/01 05/26/01 87 Dionel M. Aviles Asst. Secy. - Navy - Financial Management and DOD 06/12/01 07/12/01 30 Comptroller Alex Azar II General Counsel HHS 06/07/01 08/03/01 57 Vicky A. Bailey Asst. Secy. - International Affairs and Domestic DOE 06/05/01 07/12/01 37 Policy Sheila Bair Asst. Secy. - Financial Institutions TREA 06/07/01 07/19/01 42 Brenda L. Becker Asst. Secy. - Legislative and Government DOC 03/29/01 05/03/01 35 Affairs Everet Beckner Dep. Admin. - Defense Programs, NNSA DOE 09/25/01 01/25/02 89 Charlotte L. Beers Under Secy. - Public Diplomacy and Public DOS 06/29/01 Returned 08/03/01 Affairs Charlotte L. Beers Under Secy. - Public Diplomacy and Public DOS 09/04/01 09/26/01 22 Affairs Arden Bement, Jr. Director - National Institute of Standards and DOC 10/23/01 11/30/01 38 Technology Juan Carlos Benitez Special Counsel - Immigration-Related Unfair DOJ 09/12/01 11/06/01 55 Employment Practices Roy A. Bernardi Asst. Secy. - Community Planning and HUD 04/30/01 05/24/01 24 Development J. Cofer Black Amb.-at-Large - Coordinator - Counterterrorism DOS 10/10/02 11/14/02 35 Francis S. Blake Deputy Secretary DOE 04/30/01 05/25/01 25 Marion C. Blakey Admin. - Federal Aviation Administration DOT 07/26/02 09/11/02 15 Lincoln P. Bloomfield, Jr. Asst. Secy. - Political and Military Affairs DOS 04/05/01 05/22/01 47 Samuel W. Bodman Deputy Secretary DOC 06/18/01 07/19/01 31 Claude M. Bolton, Jr. Asst. Secy. - Army - Acquisition, Logistics, and DOD 11/08/01 12/20/01 42 Technology John R. Bolton Under Secy. - Arms Control and International DOS 03/08/01 03/23/01 15 Security CRS-44 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Phillip J. Bond Under Secy. - Technology DOC 09/04/01 10/23/01 49 Robert C. Bonner Commissioner of Customs TREA 06/26/01 Returned 08/03/01 Robert C. Bonner Commissioner of Customs TREA 09/04/01 09/19/01 15 Eric M. Bost Under Secy. - Food, Nutrition, and Consumer USDA 04/30/01 05/22/01 22 Services Ralph F. Boyd, Jr. Asst. Atty. Gen. - Civil Rights Division DOJ 04/30/01 07/20/01 81 Linton F. Brooks Dep. Admin - Defense Nuclear DOE 07/19/01 Returned 08/03/01 Nonproliferation, NNSA Linton F. Brooks Dep. Admin - Defense Nuclear DOE 09/04/01 10/16/01 42 Nonproliferation, NNSA Dan R. Brouillette Asst. Secy. - Congressional and DOE 06/28/01 08/01/01 34 Intergovernmental Affairs John B. Brown III Dep. Admin. - Drug Enforcement DOJ 02/11/02 04/12/02 60 Administration Reginald J. Brown Asst. Secy. - Army - Manpower and Reserve DOD 06/12/01 07/12/01 30 Affairs R. L. Brownlee Under Secy. - Army DOD 10/30/01 11/08/01 9 Daniel J. Bryant Asst. Atty. Gen. - Legislative Affairs DOJ 03/28/01 05/10/01 43 Nancy S. Bryson General Counsel USDA 12/20/01 03/22/02 59 Christopher B. Burnham Chief Financial Officer DOS 10/16/01 01/25/02 68 Christopher B. Burnham Asst. Secy. - Resource Management DOS 10/30/01 01/25/02 54 William J. Burns Asst. Secy. - Near Eastern Affairs DOS 04/30/01 05/25/01 25 Jay S. Bybee Asst. Atty. Gen. - Office of Legal Counsel DOJ 08/03/01 Returned 08/03/01 Jay S. Bybee Asst. Atty. Gen. - Office of Legal Counsel DOJ 09/04/01 10/23/01 49 Stephen A. Cambone Dep. Under Secy. - Policy DOD 06/12/01 07/19/01 37 William H. Campbell Asst. Secy. - Management DVA 06/06/02 06/06/02 1 Rebecca O. Campoverde Asst. Secy. - Legislative and Congressional ED 06/05/01 07/12/01 37 Affairs Josefina Carbonell Asst. Secy. - Aging HHS 06/08/01 08/01/01 54 Robert G. Card Under Secretary - Energy, Science, and DOE 05/02/01 05/25/01 23 Environment Richard H. Carmona Surgeon General HHS 06/25/02 07/23/02 28 Bruce M. Carnes Chief Financial Officer DOE 04/23/01 05/25/01 32 Guy F. Caruso Admin. - Energy Information Administration DOE 02/05/02 07/26/02 171 Elaine L. Chao Secretary DOL 01/29/01 01/29/01 1 Michael Chertoff Asst. Atty. Gen. - Criminal Division DOJ 04/30/01 05/24/01 24 Thomas P. Christie Director - Operational Testing and Evaluation DOD 05/24/01 07/12/01 49 David S. C. Chu Under Secy. - Personnel and Readiness DOD 04/30/01 05/26/01 26 Margaret S. Y. Chu Dir. - Office of Civilian Radioactive Waste DOE 11/09/01 03/06/02 84 Management Shinae Chun Dir. - Women's Bureau DOL 04/30/01 05/09/01 9 Maria Cino Asst. Secy. and Dir. Gen. of US and Foreign DOC 04/06/01 05/25/01 49 Commercial Service Joseph M. Clapp Admin. - Federal Motor Carrier Administration DOT 08/03/01 Returned 08/03/01 Joseph M. Clapp Admin. - Federal Motor Carrier Administration DOT 09/04/01 09/26/01 22 Richard Clarida Asst. Secy. - Economic Policy TREA 10/31/01 01/25/02 53 CRS-45 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Kathleen B. Clarke Dir. - Bureau of Land Management DOI 10/18/01 12/20/01 63 Victoria Clarke Asst. Secy. - Public Affairs DOD 04/05/01 05/17/01 42 Ann L. Combs Asst. Secy. - Pension and Welfare Benefits DOL 04/30/01 05/09/01 9 Administration Linda M. Conlin Asst. Secy. - Trade Development DOC 06/28/01 08/03/01 36 Beverly Cook Asst. Secy. - Environment, Safety, and Health DOE 11/15/01 01/25/02 38 Daniel L. Cooper Under Secy. - Benefits DVA 02/05/02 03/22/02 45 Kathleen B. Cooper Under Secy. - Economic Affairs DOC 04/30/01 05/25/01 25 W. Michael Cox Assistant Secretary DOL 10/18/01 Withdrawn 11/07/01 Maureen P. Cragin Asst. Secy. - Public and Intergovernmental DVA 04/23/01 05/24/01 31 Affairs Lorne W. Craner Asst. Secy. - Democracy, Human Rights, and DOS 04/30/01 05/25/01 25 Labor Jack D. Crouch II Asst. Secy. - International Security Policy DOD 05/07/01 08/01/01 86 Charles Curie Admin. - Substance Abuse and Mental Health HHS 10/02/01 10/25/01 23 Services Administration Kenneth W. Dam Deputy Secretary TREA 03/08/01 08/03/01 148 Carol D'Amico Asst. Secy. - Vocational and Adult Education ED 06/29/01 07/19/01 20 Deborah J. Daniels Asst. Atty. Gen. - Office of Justice Programs DOJ 06/05/01 Returned 08/03/01 Deborah J. Daniels Asst. Atty. Gen. - Office of Justice Programs DOJ 09/04/01 09/21/01 17 Michele A. Davis Asst. Secy. - Public Affairs and Public Liaison TREA 03/22/01 08/03/01 134 Ruth A. Davis Director General - Foreign Service DOS 04/30/01 05/25/01 25 Emily S. DeRocco Asst. Secy. - Employment and Training DOL 07/10/01 08/03/01 24 Administration Paula A. DeSutter Asst. Secy. - Verification and Compliance DOS 03/22/02 08/01/02 132 Arthur E. Dewey Asst. Secy. - Population, Refugees, and DOS 11/15/01 01/25/02 38 Migration Affairs Viet D. Dinh Asst. Atty. Gen. - Office of Legal Policy DOJ 04/23/01 05/24/01 31 James F. Dobbins Asst. Secy. - European Affairs DOS 01/05/01 Withdrawn 03/19/01 Paula J. Dobriansky Under Secy. - Global Affairs DOS 04/04/01 04/26/01 22 Michael L. Dominguez Asst. Secy. - Air Force - Manpower and DOD 07/12/01 08/03/01 22 Reserve Affairs Kenneth M. Donohue, Sr. Inspector General HUD 07/25/01 Returned 08/03/01 Kenneth M. Donohue, Sr. Inspector General HUD 09/04/01 03/22/02 166 Jennifer L. Dorn Administrator - Federal Transit Administration DOT 05/24/01 07/12/01 49 Thomas C. Dorr Under Secy. - Rural Development USDA 04/30/01 Returned 08/03/01 Thomas C. Dorr Under Secy. - Rural Development USDA 09/04/01 Returned 11/20/02 Thomas C. Dorr Under Secy. - Rural Development USDA Recess Appointment 08/06/02 Thomas C. Dorr Under Secy. - Rural Development USDA 09/30/02 Returned 11/20/02 James Dorskind General Counsel DOC 01/05/01 Withdrawn 03/19/01 John M. Duncan Dep. Under Secy. - Legislative Affairs TREA 02/28/01 02/28/01 1 William A. Eaton Asst. Secy. - Administration DOS 06/05/01 07/11/01 36 Gordan England Secretary - Navy DOD 04/30/01 05/22/01 22 CRS-46 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Ellen G. Engleman Admin. - Research and Special Programs DOT 06/07/01 Returned 08/03/01 Administration Ellen G. Engleman Admin. - Research and Special Programs DOT 09/04/01 09/21/01 17 Administration Clark K. Ervin Inspector General DOS 06/14/01 08/01/01 48 Donald L. Evans Secretary DOC 01/20/01 01/20/01 1 Douglas J. Feith Under Secy. - Policy DOD 04/30/01 07/12/01 73 Melody H. Fennel Asst. Secy. - Congressional and HUD 07/10/01 08/03/01 24 Intergovernmental Relations D. Cameron Findlay Deputy Secretary DOL 04/30/01 05/25/01 25 Mario P. Fiori Asst. Secy. - Army - Installations and DOD 07/12/01 08/03/01 22 Environment Peter R. Fisher Under Secy. - Domestic Finance TREA 04/30/01 08/03/01 95 J. Robert Flores Admin. - Office of Juvenile Justice and DOJ 05/23/01 Returned 08/03/01 Delinquency Prevention J. Robert Flores Admin. - Office of Juvenile Justice and DOJ 09/04/01 04/12/02 187 Delinquency Prevention Phyllis K. Fong Inspector General USDA 03/14/02 11/14/02 213 Carl W. Ford, Jr. Asst. Secy. - Intelligence and Research DOS 04/30/01 05/25/01 25 Henrietta H. Fore Director of the Mint TREA 06/29/01 08/03/01 35 Emil H. Frankel Asst. Secy. - Transportation Policy DOT 09/14/01 Returned 11/20/02 Emil H. Frankel Asst. Secy. - Transportation Policy DOT Recess appointment 03/29/02 Emil H. Frankel Asst. Secy. - Transportation Policy DOT 05/16/02 Returned 11/20/02 Sharee M. Freeman Dir. - Community Relations Service DOJ 06/19/01 Returned 08/03/01 Sharee M. Freeman Dir. - Community Relations Service DOJ 09/04/01 11/06/01 63 Lou Gallegos Asst. Secy. - Administration USDA 04/25/01 05/22/01 27 Michael J. Garcia Asst. Secy. - Export Enforcement DOC 06/18/01 08/03/01 46 David Garman Asst. Secy. - Energy Efficiency and Renewable DOE 04/30/01 05/25/01 25 Energy John A. Gauss Asst. Secy. - Information and Technology DVA 07/17/01 08/03/01 17 Nelson F. Gibbs Asst. Secy. - Air Force - Installations and DOD 07/12/01 08/03/01 22 Environment James Gilleran Director - Office of Thrift Supervision TREA 07/25/01 Returned 08/03/01 James Gilleran Director - Office of Thrift Supervision TREA 09/04/01 11/28/01 85 John W. Gillis Dir. - Office for Victims of Crime DOJ 04/30/01 Returned 08/03/01 John W. Gillis Dir. - Office for Victims of Crime DOJ 09/04/01 09/14/01 10 Grant S. Green, Jr. Under Secy. - Management DOS 03/08/01 03/28/01 20 Grant S. Green, Jr. Dep. Secy. - Management and Resources DOS 12/04/01 Returned 11/20/02 Lawrence A. Greenfeld Director - Bureau of Justice Statistics DOJ 11/27/01 07/29/02 211 J. Steven Griles Deputy Secretary DOI 04/30/01 07/12/01 73 W. Roy Grizzard, Jr. Asst. Secy. - Disability Employment Policy DOL 03/14/02 07/26/02 134 Marc I. Grossman Under Secy. - Political Affairs DOS 03/08/01 03/23/01 15 Jimmy Gurule Under Secy. - Enforcement TREA 04/30/01 08/03/01 95 CRS-47 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Janet Hale Asst. Secy. - Budget, Technology, and Finance HHS 05/22/01 Returned 08/03/01 Janet Hale Asst. Secy. - Budget, Technology, and Finance HHS 09/04/01 01/25/02 110 Thomas F. Hall Asst. Secy. - Reserve Affairs DOD 04/22/02 10/02/02 131 John V. Hanford III Amb.-at-Large - International Religious DOS 11/07/01 01/25/02 46 Freedom William D. Hansen Deputy Secretary ED 04/23/01 05/22/01 29 Kathleen M. Harrington Asst. Secy. - Office of Public Affairs DOL 03/20/02 04/26/02 37 Patricia Harrison Asst. Secy. - Educational and Cultural Affairs DOS 07/23/01 Returned 08/03/01 Patricia Harrison Asst. Secy. - Educational and Cultural Affairs DOS 09/04/01 09/26/01 22 Sarah V. Hart Dir. - National Institute of Justice DOJ 05/24/01 08/02/01 70 Maura A. Harty Asst. Secy. - Consular Affairs DOS 09/12/02 11/14/02 63 Richard A. Hauser General Counsel HUD 04/30/01 05/24/01 24 William T. Hawks Under Secy. - Marketing and Regulatory USDA 04/30/01 05/22/01 22 Programs William J. Haynes II General Counsel DOD 04/23/01 05/17/01 24 John L. Henshaw Asst. Secy. - OSHA DOL 06/12/01 08/03/01 52 Eugene W. Hickok, Jr. Under Secretary ED 04/30/01 07/10/01 71 John P. Higgins, Jr. Inspector General ED 09/18/02 11/14/02 57 Robin L. Higgins Under Secy. - Memorial Affairs DVA 04/30/01 05/24/01 24 Kim R. Holmes Asst. Secy. - International Organizations DOS 09/03/02 11/14/02 72 Elwood Holstein, Jr. Asst. Secy. - Oceans and Atmosphere DOC 01/05/01 Withdrawn 03/19/01 Wade F. Horn Asst. Secy. - Family Support HHS 04/06/01 07/25/01 110 Asa Hutchinson Administrator of Drug Enforcement DOJ 06/12/01 08/01/01 50 Kristine A. Iverson Asst. Secy. - Congressional and DOL 04/05/01 04/06/01 1 Intergovernmental Affairs Alphonso R. Jackson Deputy Secretary HUD 04/30/01 05/24/01 24 Michael P. Jackson Deputy Secretary DOT 03/08/01 05/03/01 56 Charles A. James, Jr. Asst. Atty. Gen. - Antitrust Division DOJ 04/06/01 06/14/01 69 Jeffrey D. Jarrett Dir. - Office of Surface Mining Reclamation DOI 07/18/01 Returned 08/03/01 and Enforcement Jeffrey D. Jarrett Dir. - Office of Surface Mining Reclamation DOI 09/04/01 01/25/02 110 and Enforcement Joseph J. Jen Under Secy. - Research, Education, and USDA 04/30/01 07/12/01 73 Economics Piyush Jindal Asst. Secy. - Planning and Evaluation HHS 04/06/01 05/25/01 49 James J. Jochum Asst. Secy. - Export Administration DOC 04/30/01 05/16/01 16 H. T. Johnson Asst. Secy. - Navy - Installations and DOD 06/28/01 08/03/01 36 Environment A. Elizabeth Jones Asst. Secy. - European and Eurasian Affairs DOS 04/23/01 05/25/01 32 Brian Jones General Counsel ED 04/30/01 Returned 08/03/01 Brian Jones General Counsel ED 09/04/01 09/14/01 10 Frederico Juarbe, Jr. Asst. Secy. - Veterans' Employment and DOL 08/03/01 Returned 08/03/01 Training Frederico Juarbe, Jr. Asst. Secy. - Veterans' Employment and DOL 09/04/01 11/08/01 65 Training CRS-48 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Kenneth I. Juster Under Secy. - Export Administration DOC 03/15/01 05/10/01 56 Walter H. Kansteiner III Asst. Secy. - African Affairs DOS 04/30/01 05/25/01 25 Theodore W. Kassinger General Counsel DOC 04/04/01 05/03/01 29 Kevin Keane Asst. Secy. - Public Affairs HHS 04/30/01 07/19/01 80 James A. Kelly Asst. Secy. - East Asian and Pacific Affairs DOS 04/03/01 04/26/01 23 Paul V. Kelly Asst. Secy. - Legislative Affairs DOS 05/14/01 05/25/01 11 Patrick F. Kennedy U.S. Alt. Rep. - U.N. Management and Reform DOS 10/02/01 10/12/01 10 John W. Keys III Commissioner - Bureau of Reclamation DOI 06/14/01 07/12/01 28 Claude M. Kicklighter Asst. Secy. - Policy and Planning DVA 06/27/01 08/03/01 37 Charles Louis Kincannon Director - Census DOC 11/15/01 03/13/02 85 Edward Kingman, Jr. Asst. Secy. - Chief Financial Officer TREA 11/15/01 01/25/02 38 Edward Kingman, Jr. Asst. Secy. - Management TREA 11/15/01 01/25/02 38 Dale Klein Asst. to the Secy. - Nuclear, Chemical, and DOD 10/18/01 11/08/01 21 Biological Defense Programs William H. Lash III Asst. Secy. - Market Access and Compliance DOC 05/08/01 07/19/01 72 David D. Lauriski Asst. Secy. - Mine Safety and Health DOL 04/30/01 05/09/01 9 Conrad C. Lautenbacher, Under Secy. - Oceans and Atmosphere DOC 10/16/01 11/30/01 45 Jr. Kenneth Lawson Asst. Secy. - Enforcement TREA 10/31/01 03/22/02 109 Hilda G. Legg Admin. - Rural Utilities Service USDA 06/21/01 Returned 08/03/01 Hilda G. Legg Admin. - Rural Utilities Service USDA 09/04/01 09/26/01 22 William Leidinger Asst. Secy. - Management ED 12/20/01 02/12/02 21 Victoria A. Lipnic Asst. Secy. - Employment Standards DOL 02/27/02 03/22/02 23 Administration Michael M. F. Liu Asst. Secy. - Public and Indian Housing HUD 06/21/01 08/03/01 43 Susan M. Livingstone Under Secy. - Navy DOD 05/07/01 07/19/01 73 James M. Loy Under Secy. - Security DOT 11/14/02 11/18/02 4 Jacob Lozada Asst. Secy. - Human Resources and DVA 04/30/01 05/24/01 24 Administration Leo S. Mackay, Jr. Deputy Secretary DVA 04/30/01 05/24/01 24 John Magaw Under Secy. - Security DOT 12/13/01 01/28/02 13 John Magaw Under Secy. - Security DOT Recess Appointment 01/07/02 James R. Mahoney Asst. Secy. - Oceans and Atmosphere DOC 12/04/01 03/22/02 75 Frances P. Mainella Director - National Park Service DOI 06/14/01 07/12/01 28 Gordon H. Mansfield Asst. Secy. - Congressional and Legislative DVA 04/30/01 08/01/01 93 Affairs Harold C. Manson Asst. Secy. - Fish, Wildlife, and Parks DOI 09/04/01 01/25/02 110 Rosario Marin Treasurer of the United States TREA 06/26/01 08/03/01 38 Jack Martin Chief Financial Officer ED 11/05/01 01/25/02 48 Melquiades R. Martinez Secretary HUD 01/20/01 01/23/01 3 Neal A. McCaleb Asst. Secy. - Indian Affairs DOI 05/22/01 06/29/01 38 Robert D. McCallum Asst. Atty. Gen. - Civil Division DOJ 04/30/01 08/03/01 95 Tim S. McClain General Counsel DVA 03/22/01 04/06/01 15 CRS-49 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Mark B. McClellan Commissioner - Food and Drug Administration HHS 10/02/02 10/17/02 15 Tammy D. McCutchen Admin. - Wage and Hour Division DOL 09/14/01 12/08/01 85 Donna R. McLean Asst. Secy. - Budget and Programs DOT 04/03/01 05/25/01 52 Edward R. McPherson Chief Financial Officer USDA 09/12/01 09/26/01 14 Kyle E. McSlarrow Deputy Secretary DOE 05/01/02 11/14/02 165 Vickers B. Meadows Asst. Secy. - Administration HUD 11/15/01 03/22/02 94 Bruce P. Mehlman Asst. Secy. - Technology Policy DOC 04/30/01 05/25/01 25 Norman Y. Mineta Secretary DOT 01/24/01 01/24/01 1 Samuel T. Mok Chief Financial Officer DOL 10/18/01 01/25/02 66 Michael Montelongo Asst. Secy. - Air Force - Financial Management DOD 06/12/01 07/12/01 30 and Comptroller Powell A. Moore Asst. Secy. - Legislative Affairs DOD 04/23/01 05/01/01 8 Alberto J. Mora General Counsel - Navy DOD 06/12/01 07/19/01 37 Diane K. Morales Dep. Under Secy. - Logistics and Materiel DOD 06/05/01 07/12/01 37 Readiness Steven J. Morello, Sr. General Counsel - Army DOD 06/05/01 07/12/01 37 James R. Moseley Deputy Secretary USDA 06/19/01 07/12/01 23 Robert S. Mueller III Dir. - Federal Bureau of Investigation DOJ 07/18/01 08/02/01 15 Elsa A. Murano Under Secy. - Food Safety USDA 08/03/01 Returned 08/03/01 Elsa A. Murano Under Secy. - Food Safety USDA 09/04/01 09/26/01 22 Richard B. Myers Chairman - Joint Chiefs of Staff DOD 09/04/01 09/26/01 22 William G. Myers III Solicitor DOI 05/23/01 07/12/01 50 William A. Navas, Jr. Asst. Secy. - Navy - Manpower and Reserve DOD 06/07/01 07/12/01 35 Affairs Richard R. Nedelkoff Dir. - Bureau of Justice Assistance DOJ 06/05/01 Returned 08/03/01 Richard R. Nedelkoff Dir. - Bureau of Justice Assistance DOJ 09/04/01 09/14/01 10 John D. Negroponte U.S. Representative - United Nations DOS 05/14/01 Returned 08/03/01 John D. Negroponte U.S. Representative - United Nations DOS 09/04/01 09/14/01 10 Susan B. Neuman Asst. Secy. - Elementary and Secondary ED 04/30/01 07/12/01 73 Education Roger F. Noriega U.S. Rep. - Organization of American States DOS 06/26/01 08/01/01 36 Gale A. Norton Secretary DOI 01/20/01 01/30/01 10 Eileen J. O'Connor Asst. Atty. Gen. - Tax Division DOJ 05/24/01 07/20/01 57 Joan E. Ohl Commissioner - Children, Youth, and Families HHS 07/10/01 Returned 08/03/01 Joan E. Ohl Commissioner - Children, Youth, and Families HHS 09/04/01 01/25/02 110 Sean B. O'Hollaren Asst. Secy. - Governmental Affairs DOT 04/04/01 05/25/01 51 Pamela F. Olson Asst. Secy. - Tax Policy TREA 07/18/02 09/05/02 17 Theodore B. Olson Solicitor General DOJ 03/13/01 05/24/01 72 Paul H. O'Neill Secretary TREA 01/20/01 01/20/01 1 Raymond L. Orbach Dir. - Office of Science DOE 12/11/01 03/04/02 50 Lee S. L. Otis General Counsel DOE 04/25/01 05/24/01 29 Peter Pace Vice Chairman - Joint Chiefs of Staff DOD 09/04/01 09/26/01 22 CRS-50 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Sandra L. Pack Asst. Secy. - Army - Financial Management and DOD 10/10/01 11/08/01 29 Comptroller Roderick R. Paige Secretary ED 01/20/01 01/20/01 1 Michael Parker Asst. Secy. - Army - Civil Works DOD 06/19/01 Returned 08/03/01 Michael Parker Asst. Secy. - Army - Civil Works DOD 09/04/01 09/26/01 22 Robert Pasternack Asst. Secy. - Special Education and ED 06/21/01 07/19/01 28 Rehabilitation Services J. B. Penn Under Secy. - Farm and Foreign Agricultural USDA 04/30/01 05/22/01 22 Service Carolyn Y. Peoples Asst. Secy. - Fair Housing and Equal HUD 06/07/02 11/12/02 126 Opportunity Mary E. Peters Admin. - Federal Highway Administration DOT 07/31/01 Returned 08/03/01 Mary E. Peters Admin. - Federal Highway Administration DOT 09/04/01 09/26/01 22 Patrick Pizzella Asst. Secy. - Administration and Management DOL 04/25/01 05/09/01 14 Colin L. Powell Secretary DOS 01/20/01 01/20/01 1 Anthony J. Principi Secretary DVA 01/20/01 01/23/01 3 Pierre-Richard Prosper Amb.-at-Large - War Crimes Issues DOS 05/16/01 07/11/01 56 Randal Quarles Dep. Under Secy. - International Affairs TREA 12/05/01 03/22/02 74 Stephen G. Rademaker Asst. Secy. - Arms Control DOS 03/04/02 08/01/02 150 Bennett W. Raley Asst. Secy. - Water and Science DOI 05/24/01 07/12/01 49 Janet Rehnquist Inspector General HHS 06/05/01 08/03/01 59 Otto J. Reich Asst. Secy. - Western Hemisphere Affairs DOS 07/12/01 Returned 08/03/01 Otto J. Reich Asst. Secy. - Western Hemisphere Affairs DOS 09/04/01 Returned 12/20/01 Otto J. Reich Asst. Secy. - Western Hemisphere Affairs DOS Recess Appointment, 01/11/02 Otto J. Reich Asst. Secy. - Western Hemisphere Affairs DOS 02/26/02 Returned 11/20/02 Mark E. Rey Under Secy. - Natural Resources and USDA 06/21/01 Returned 08/03/01 Environment Mark E. Rey Under Secy. - Natural Resources and USDA 09/04/01 09/26/01 22 Environment Benigno G. Reyna Director - U.S. Marshals Service DOJ 09/12/01 10/25/01 43 Gerald Reynolds Asst. Secy. - Civil Rights ED 09/25/01 Returned 11/20/02 Gerald Reynolds Asst. Secy. - Civil Rights ED Recess appointment 03/29/02 Gerald Reynolds Asst. Secy. - Civil Rights ED 05/16/02 Returned 11/20/02 Laurie Rich Asst. Secy. - Intergovernmental and Interagency ED 06/12/01 07/19/01 37 Affairs Jessie H. Roberson Asst. Secy. - Environmental Management DOE 04/30/01 07/12/01 73 Christina B. Rocca Asst. Secy. - South Asian Affairs DOS 04/30/01 05/25/01 25 James G. Roche Secretary - Air Force DOD 05/07/01 05/24/01 17 Peter W. Rodman Asst. Secy. - International Security Affairs DOD 05/14/01 07/12/01 59 James E. Rogan Under Secy. - Intellectual Property and Director DOC 05/24/01 Returned 08/03/01 U.S. Patent & Trademark James E. Rogan Under Secy. - Intellectual Property and Director DOC 09/04/01 11/30/01 87 U.S. Patent & Trademark Peter F. Romero Asst. Secy. - Inter-American Affairs DOS 01/05/01 Withdrawn 03/19/01 Brian C. Roseboro Asst. Secy. - Financial Markets TREA 05/14/01 07/19/01 66 CRS-51 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Ronald A. Rosenfeld Pres. - Government National Mortgage HUD 05/23/01 07/12/01 50 Association Robert H. Roswell Under Secy. - Health DVA 02/06/02 03/22/02 44 Donald H. Rumsfeld Secretary DOD 01/20/01 01/20/01 1 Jeffrey W. Runge Admin. - National Highway Traffic Safety DOT 06/26/01 08/03/01 38 Administration Allan Rutter Administrator - Federal Railroad DOT 05/14/01 07/19/01 66 Administration Marvin R. Sambur Asst. Secy. - Air Force - Acquisition DOD 07/31/01 Returned 08/03/01 Marvin R. Sambur Asst. Secy. - Air Force - Acquisition DOD 09/04/01 11/08/01 65 David A. Sampson Asst. Secy. - Economic Development DOC 04/30/01 08/03/01 95 Thomas L. Sansonetti Asst. Atty. Gen. - Environment and Natural DOJ 05/22/01 Returned 08/03/01 Resources Thomas L. Sansonetti Asst. Atty. Gen. - Environment and Natural DOJ 09/04/01 11/30/01 87 Resources Eugene Scalia Solicitor DOL 04/30/01 Returned 08/03/01 Eugene Scalia Solicitor DOL 09/04/01 Returned 11/20/02 Eugene Scalia Solicitor DOL Recess Appointment 01/11/02 Eugene Scalia Solicitor DOL 02/05/02 Returned 11/20/02 Patricia L. Scarlett Asst. Secy. - Policy, Management, and Budget DOI 05/14/01 07/12/01 59 Joseph E. Schmitz Inspector General DOD 06/18/01 Returned 08/03/01 Joseph E. Schmitz Inspector General DOD 09/04/01 03/21/02 165 William Schubert Admin. - Maritime Administration DOT 10/18/01 11/30/01 43 Thomas Scully Admin. - Centers for Medicare & Medicaid HHS 04/30/01 05/25/01 25 Services Ronald M. Sega Director - Defense Research and Engineering DOD 07/12/01 08/03/01 22 Jeffrey Shane Associate Deputy Secretary DOT 10/10/01 Returned 11/20/02 Jeffrey Shane Associate Deputy Secretary DOT Recess appointment 03/29/02 Jeffrey Shane Associate Deputy Secretary DOT 05/16/02 Returned 11/20/02 Faryar Shirzad Asst. Secy. - Import Administration DOC 03/22/01 05/01/01 40 Islam A. Siddiqui Under Secy. - Marketing and Regulatory USDA 01/05/01 Withdrawn 03/19/01 Programs Sichan Siv U.S. Alt. Rep. - U.N. Economic and Social DOS 10/18/01 11/09/01 22 Council Eve Slater Asst. Secy. - Public Health and Science HHS 12/20/01 01/25/02 3 Kenneth L. Smith Asst. Secy. - Fish, Wildlife, and Parks DOI 01/05/01 Withdrawn 03/19/01 Michael Smith Asst. Secy. - Fossil Energy DOE 10/02/01 01/25/02 82 Christopher T. Spear Asst. Secy. - Policy DOL 04/04/01 04/06/01 2 Quanah C. Stamps Commissioner - Administration for Native HHS 07/09/02 11/14/02 96 Americans John P. Stenbit Asst. Secy. - Command, Control, DOD 07/12/01 08/03/01 22 Communications, and Intelligence Jay B. Stephens Associate Attorney General DOJ 09/10/01 11/08/01 59 Sally Stroup Asst. Secy. - Postsecondary Education ED 02/11/02 03/15/02 32 William H. Taft IV Legal Advisor DOS 03/08/01 04/05/01 28 CRS-52 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Francis X. Taylor Amb.-at-Large - Coordinator - Counterterrorism DOS 05/22/01 07/11/01 50 Francis X. Taylor Asst. Secy. - Diplomatic Security and Foreign DOS 09/04/02 11/12/02 69 Missions John B. Taylor Under Secy. - International Affairs TREA 04/04/01 05/26/01 52 Peter B. Teets Under Secy. - Air Force DOD 10/30/01 12/08/01 39 Larry D. Thompson Deputy Attorney General DOJ 03/22/01 05/10/01 49 Tommy G. Thompson Secretary HHS 01/20/01 01/24/01 4 Diane L. Tomb Asst. Secy. - Public Affairs HUD 11/27/01 03/22/02 82 Alberto F. Trevino Asst. Secy. - Policy Development and Research HUD 04/29/02 11/12/02 165 John F. Turner Asst. Secy. - Oceans and International DOS 07/31/01 Returned 08/03/01 Environmental and Scientific Affairs John F. Turner Asst. Secy. - Oceans and International DOS 09/04/01 10/30/01 56 Environmental and Scientific Affairs Kathleen P. Utgoff Commissioner - Bureau of Labor Statistics DOL 03/21/02 07/26/02 127 Michelle Van Cleave Asst. Secy. - Special Operations and Low DOD 09/21/01 Withdrawn 10/25/01 Intensity Conflict Read Van de Water Asst. Secy. - Aviation and International Affairs DOT 09/12/01 09/21/01 9 Kirk Van Tine General Counsel DOT 06/12/01 Returned 08/03/01 Kirk Van Tine General Counsel DOT 09/04/01 09/24/01 20 Ann M. Veneman Secretary USDA 01/20/01 01/20/01 1 Nancy Victory Asst. Secy. - Communications and Information DOC 06/26/01 08/03/01 38 Mary L. Walker General Counsel - Air Force DOD 09/25/01 11/08/01 44 Mary K. Waters Asst. Secy. - Congressional Relations USDA 04/25/01 05/22/01 27 Rebecca W.Watson Asst. Secy. - Land and Minerals Management DOI 11/07/01 01/25/02 46 John C. Weicher Asst. Secy. - Housing and Federal Housing HUD 04/30/01 05/24/01 24 Commissioner Mark A. Weinberger Asst. Secy. - Tax Policy TREA 02/26/01 03/01/01 3 Scott Whitaker Asst. Secy. - Legislation HHS 04/06/01 05/01/01 25 Thomas E. White Secretary - Army DOD 05/01/01 05/24/01 23 Grover J. Whitehurst Asst. Secy. - Education Research and ED 04/30/01 07/12/01 73 Improvement B. John Williams, Jr. Chief Counsel IRS/Asst. Gen. Counsel for Tax TREA 08/03/01 Returned 08/03/01 B. John Williams, Jr. Chief Counsel IRS/Asst. Gen. Counsel for Tax TREA 09/04/01 01/25/02 110 Steven A. Williams Dir. - Fish and Wildlife Service DOI 09/25/01 01/29/02 93 Richard S. Williamson U.S. Alt. Rep. - U.N. Special Political Affairs DOS 11/01/01 11/09/01 8 Joanne M. Wilson Commissioner - Rehabilitative Services ED 06/21/01 07/19/01 28 Administration William Winkenwerder, Jr. Asst. Secy. - Health Affairs DOD 09/21/01 10/16/01 25 Judith A. Winston Under Secretary ED 01/05/01 Withdrawn 03/19/01 John S. Wolf Asst. Secy. - Nonproliferation DOS 09/10/01 09/26/01 16 Otto Wolff Asst. Secy. - Administration DOC 07/12/01 08/03/01 22 Otto Wolff Chief Financial Officer DOC 07/12/01 08/03/01 22 Paul D. Wolfowitz Deputy Secretary DOD 02/15/01 02/28/01 13 CRS-53 Nomina- Confirm- Days to Nominee Position Dept. tion date ation date confirm Michael W. Wynne Dep. Under Secy. - Acquisition and Technology DOD 06/12/01 07/12/01 30 John J. Young, Jr. Asst. Secy. - Navy - Research, Development, DOD 06/12/01 07/12/01 30 and Acquisition Dov S. Zakheim Under Secy. - Comptroller DOD 03/13/01 05/01/01 49 Elias A. Zerhouni Director - National Institutes of Health HHS 04/29/02 05/02/02 3 James W. Ziglar Commissioner - Immigration and Naturalization DOJ 06/12/01 07/31/01 49 Service Mean number of days to confirma 46 Median number of days to confirma 36 a. If the pre-recess days during which a nominee was under consideration in the Senate were included for all confirmed nominees, the mean number of days to confirm would be 50, and the median would be 38. Please see page 2 of this report regarding the calculation of this number. CRS-54 Appendix B. Appointment Action, 107th Congress Mean Median Recess Individual days to days to Department Positions Nominations Confirmations Returned Withdrawn Appointments Nominees confirma confirma (Bush) (adjusted) (adjusted) Agriculture 15 21 16 14 6 1 1 41 (47) 22 (25) Commerce 25 27 25 24 1 2 0 44 (47) 39 (39) Defense 51 51 47 47 3 1 0 41 (43) 30 (30) Education 17 19 17 15 3 1 1 38 (44) 32 (37) Energy 21 19 18 18 1 0 0 57 (58) 38 (38) Health and Human 19 20 18 18 2 0 0 49 (54) 40 (40) Services Housing and Urban 15 15 14 14 1 0 0 65 (65) 47 (47) Development Interior 19 15 14 13 1 1 0 58 (59) 50 (50) Justice 27 33 26 26 7 0 0 60 (75) 53 (60) Labor 19 22 19 17 4 1 1 40 (40) 24 (24) State 50 50 41 40 8 2 1 37 (40) 25 (33) Transportation 21 24 18 16 8 0 3 30 (37) 22 (41) Treasury 24 26 22 23 3 0 0 61 (63) 53 (53) Veterans Affairs 14 12 12 12 0 0 0 30 (30) 24 (24) Total 337 354 307 297 48 9 7 46 (50) 36 (38) a. These two columns show, respectively, the mean and median number of days to confirm for all confirmed nominations for each department. The totals at the bottoms of the two columns are the means and medians for all confirmed nominations in all departments for the 107th Congress. If the number of days the first (pre-Aug. 2001 recess) nominations were pending in the Senate were included in these figures, the means and medians would be adjusted as shown in parentheses. CRS-55 Appendix C. Senate Recessesa for the 107th Congress Date Recessed Date Reconvened Number of Days Recessedb The first session of 107th Congress convened on 01/03/01. 01/08/01 01/20/01 11 02/15/01 02/26/01 10 04/06/01 04/23/01 16 05/26/01 06/05/01 9 06/29/01 07/09/01 9 08/03/01 09/04/01 31 10/18/01 10/23/01 4 11/16/01 11/27/01 10 The Senate adjourned sine die on 12/20/01. The second session of 107th Congress convened 01/23/02. The intersession (period between these two dates) was 33 days long. 01/29/02 02/04/02 5 02/15/02 02/25/02 9 03/22/02 04/08/02 16 05/23/02 06/03/02 10 06/28/02 07/08/02 9 08/01/02 09/03/02 32 The Senate adjourned sine die on 11/20/02. The first session of the 108th Congress convened on 01/07/03. The intersession (period between these two dates) was 47 days long. a. Includes all recesses of 4 days or longer as indicated in the Senate "Days-in-Session Calendars" Web site at [http://thomas.loc.gov/home/ds/index.html#senate], visited Feb. 3, 2002. b. In this table, the number of days recessed includes all those days between the date recessed and the date reconvened. CRS-56 Appendix D. Abbreviations of Departments DOC Department of Commerce DOD Department of Defense DOE Department of Energy DOI Department of the Interior DOJ Department of Justice DOL Department of Labor DOS Department of State DOT Department of Transportation DVA Department of Veterans Affairs ED Department of Education HHS Department of Health and Human Services HUD Department of Housing and Urban Development TREA Department of the Treasury USDA Department of Agriculture ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31346