For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33310 ------------------------------------------------------------------------------ Order Code RL33310 Recess Appointments Made by President George W. Bush, January 20, 2001- October 31, 2008 Updated November 3, 2008 Henry B. Hogue Analyst in American National Government Government and Finance Division Maureen Bearden Information Research Specialist Knowledge Services Group Recess Appointments Made by President George W. Bush, January 20, 2001-October 31, 2008 Summary Under the Constitution, the President and the Senate share the power to make appointments to the highest-level politically appointed positions in the federal government. The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess. Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate. This report identifies recess appointments made by President George W. Bush from the time he took office on January 20, 2001, through October 31, 2008. Basic descriptive statistics regarding these appointments are also provided. As of October 31, 2008, President Bush had made 171 recess appointments. President William J. Clinton, in comparison, made a total of 139 recess appointments during the course of his presidency. Of President Bush's 171 recess appointments, 99 were to full-time positions, and the remaining 72 were to part-time positions. Thirty were made during recesses between Congresses or between sessions of Congress (intersession recess appointments). The remaining 141 were made during recesses within sessions of Congress (intrasession recess appointments). The duration of the 24 recesses during which President Bush made recess appointments ranged from 10 to 47 days. The average (mean) duration of these recesses was 25 days, and the median duration was 26 days. In 165 of the 171 cases in which President Bush made a recess appointment, the individual was also nominated, by October 31, 2008, to the position to which he or she had been appointed. In 162 of these 165 cases, the individuals being appointed had previously been nominated to the position. In the three remaining cases, the individuals were first nominated to the position after the recess appointment. Of the 165 cases in which the President submitted a nomination for the recess appointee, as of October 31, 2008, 95 had resulted in confirmation, 6 were pending in the Senate, and the remaining 64 had failed to be confirmed. In 31 of these 64 recess appointment cases, the President withdrew the nominations of the appointees, and in the remaining 33 cases, the nominations were returned to the President. Additional information may be found in other CRS reports. For general information on recess appointments practice, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. For information on related legal issues, see CRS Report RL32971, Judicial Recess Appointments: A Legal Overview, and CRS Report RL33009, Recess Appointments: A Legal Overview, both by T.J. Halstead. This report will be updated periodically, as additional recess appointments are made. Contents Table 1. Recess Appointments by President George W. Bush to Full- and Part-Time Positions, January 20, 2001- October 31, 2008 . . . . . . . . . . . . . . 2 Table 2. Summary Information Concerning Recess Appointments by President George W. Bush, January 20, 2001- October 31, 2008 . . . . . . . 4 Table 3. Senate Intersession Recesses, Intrasession Recesses of Four or More Days, and Numbers of Recess Appointments, January 20, 2001-October 31, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Table 4. Recess Appointments to Full-Time Positions by President George W. Bush, January 20, 2001- October 31, 2008a . . . . . 11 Table 5. Recess Appointments to Part-Time Positions by President George W. Bush, January 20, 2001- October 31, 2008a . . . . . 16 Recess Appointments Made by President George W. Bush, January 20, 2001- October 31, 2008 Under the Constitution, the President and the Senate share the power to make appointments to the highest-level politically appointed positions in the federal government.1 The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess.2 Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate.3 The records of debate at the Constitutional Convention and the Federalist Papers provide little evidence of the framers' intentions in the recess appointment clause. Opinions by later Attorneys General, however, suggested that the purpose of the clause was to allow the President to maintain the continuity of administrative government through the temporary filling of offices during periods when the Senate was not in session, at which time his nominees could not be considered or confirmed.4 This interpretation is bolstered by the fact that both Houses of Congress had relatively short sessions and long recesses during the early years of the Republic. In fact, until the beginning of the 20th century, the Senate was, on average, in session less than half the year.5 This report identifies recess appointments made by President George W. Bush from the time he took office on January 20, 2001, through October 31, 2008.6 Basic 1 U.S. Constitution, Article 2, § 2, cl. 2. 2 Article 2, Section 2, clause 3 reads, "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." 3 As discussed in detail later in this report, each Congress covers a two-year period, generally composed of two sessions. 4 An opinion by Attorney General William Wirt in 1823 concerning the meaning of the word "happen" in the clause provides one example. (The clause states, "[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session" [Article 2, Section 2, cl. 3].) In part, he stated, "The substantial purpose of the constitution was to keep these offices filled; and the powers adequate to this purpose were intended to be conveyed." 1 Op. A.G. at 632. 5 U.S. Congress, Joint Committee on Printing, 2007-2008 Official Congressional Directory 110th Congress, S. Pub. 110-13, 110th Cong. (Washington: GPO, 2007), pp. 516-520. 6 Information was obtained from news releases from the White House website, available at [http://www.whitehouse.gov/news/], the White House Executive Clerk, and the Legislative Information System (LIS) nominations database, available at [http://www.congress.gov/ CRS-2 descriptive statistics regarding these appointments are also provided. Additional information concerning recess appointment practice, judicial recess appointments, and legal issues related to recess appointments may be found in other CRS reports.7 As of October 31, 2008, President Bush had made 171 recess appointments. President William J. Clinton, in comparison, made a total of 139 recess appointments during the course of his presidency. Of President Bush's 171 recess appointments, 99 were to full-time positions, and the remaining 72 were to part-time positions. Table 1 provides the number of recess appointments in each of these categories for each year of the Bush presidency. In general, the top leadership positions in the federal government are full-time positions to which appointments are made through the advice and consent process. For example, among the full-time offices to which President Bush made recess appointments, five were deputy secretary positions and two were federal appeals court judgeships. Part-time positions can also be vested with statutory policy-making authority that can have broad impact. The members of the Defense Base Closure and Realignment Commission, who received recess appointments from President Bush, could be considered among the positions in this category. Table 1. Recess Appointments by President George W. Bush to Full- and Part-Time Positions, January 20, 2001- October 31, 2008 Positions 2001 2002 2003 2004 2005 2006 2007 2008a Total Full-time 1 19 14 30 8 23 4 0 99 Part-time 0 3 24 15 13 17 0 0 72 Total 1 22 38 45 21 40 4 0 171 Sources: Table developed by the Congressional Research Service using data obtained from news releases from the White House website, available at [http://www.whitehouse.gov/news/]; the White House Executive Clerk; and the Legislative Information System (LIS) nominations database, available at [http://www.congress.gov/nomis/], accessed on October 31, 2008. a. Through October 31. The text of the Constitution states that the President has the authority to exercise this power during "the Recess of the Senate."8 The precise meaning of that phrase has been a matter of some debate related to two types of congressional recess. The Twentieth Amendment to the Constitution provides that Congress will meet annually 6 (...continued) nomis/]. 7 For information on recess appointments generally, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. For information on related legal issues, see CRS Report RL32971, Judicial Recess Appointments: A Legal Overview, and CRS Report RL33009, Recess Appointments: A Legal Overview, both by T.J. Halstead. 8 Article 2, § 2, cl. 3. CRS-3 on January 3, "unless they shall by law appoint a different day."9 In recent decades, each Congress has consisted of two 9-12 month sessions separated by an intersession recess. The period between the second session of one Congress and the first session of the following Congress is also referred to as an intersession recess. Within each of the sessions, Congress has typically adjourned for 5-11 intrasession recesses of four days or longer, usually in conjunction with national holidays. Some scholars have asserted that recess appointments may be made only during intersession recesses.10 Others take a broader view of the meaning of "Recess" as used in the recess appointments clause and assert that the President may also make recess appointments during intrasession recesses.11 Notwithstanding the ongoing discourse in this area, recent Presidents have made recess appointments during both kinds of recesses. Of the 171 recess appointments by President Bush, as of October 31, 2008, 30 were intersession recess appointments and 141 were intrasession recess appointments. (See Table 2.) In 165 of the 171 cases in which President Bush made a recess appointment, by October 31, 2008, the individuals were also nominated to the position to which they had been appointed.12 Table 2 shows the disposition of these cases. In 162 of these 165 cases, the individuals being appointed had previously been nominated to the position. In three additional cases, the individuals were first nominated to the position after the recess appointment. Of the 165 cases in which the President submitted a nomination for the recess appointee, as of October 31, 2008, 95 had resulted in confirmation, 6 were pending in the Senate, and the remaining 64 had failed to be confirmed. In 31 of these 64 cases, the President withdrew the nominations of the appointees. In the remaining 33 cases, the nominations were returned to the President. Table 2 shows the disposition of these cases. As Table 2 shows, nearly all of President Bush's recess appointments, as of October 31, 2008, had been to positions in the executive branch. Six of the 171 appointments had been to positions in the judicial branch. Two of these -- those of Charles W. Pickering and William H. Pryor -- were to federal judgeships. The remaining four were to full- and part-time membership positions on the United States Sentencing Commission.13 9 U.S. Constitution, 20th Amend., § 2. 10 See, for example, Michael B. Rappaport, "The Original Meaning of the Recess Appointments Clause," UCLA Law Review, vol. 52, June 2005, p. 1487. 11 See, for example, Edward A. Hartnett, "Recess Appointments of Article III Judges: Three Constitutional Questions," Cardozo Law Review, vol. 26, January 2005, p. 377. 12 The remaining 6 of the 171 recess appointees had not been nominated, by October 31, 2008, to the positions to which they had been appointed. 13 The chair and three vice chairs are full-time positions; the remaining member slots are part-time positions. CRS-4 Table 2. Summary Information Concerning Recess Appointments by President George W. Bush, January 20, 2001- October 31, 2008 Total Number of Recess Appointments 171 Appointments during intersession recesses -- between sessions of Congress 30 Appointments during intrasession recesses -- within sessions of Congress 141 Appointments to executive branch positions 165 Appointments to judicial branch positions 6 Recess appointments for which a nomination was made by 165 October 31, 2008 Nomination timing Recess appointments preceded by nomination 162 Recess appointments followed by nomination 3 Nomination disposition as of October 31, 2008a Resulted in confirmation 95 Pending in the Senate 6 Withdrawn by the President 31 Returned to the President 33 Sources: Table developed by the Congressional Research Service using data obtained from news releases from the White House website, available at [http://www.whitehouse.gov/news/]; the White House Executive Clerk; and the Legislative Information System (LIS) nominations database, available at [http://www.congress.gov/nomis/]. a. The number shown is the number of cases, rather than the number of nominations. Some recess appointments were associated with more than one nomination. For example, the President usually submits a new nomination of an individual after the Senate reconvenes following his or her recess appointment in order to comply with 5 U.S.C. § 5503. For more information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. In 17 of the 162 cases in which the President had previously submitted a nomination to the Senate, the nominations had been under Senate consideration for more than a year at the time of the recess appointment. In 25 cases, the nominations had been under Senate consideration for less than a month at the time of the recess appointment. The elapsed times between initial nomination and recess appointment ranged from five days to 965 days (approximately 32 months).14 The mean elapsed 14 Beryl A. Howell and John R. Steer were recess-appointed to be members of the United States Sentencing Commission five days after their initial nominations to those positions. (Steer was also designated as the organization's vice chair.) Charles W. Pickering was recess-appointed to be a judge on the U.S. Court of Appeals for the Fifth Circuit 965 days after his first nomination to that position. CRS-5 time for the 162 cases in which a nomination preceded the recess appointment was 184 days. The median elapsed time was 161 days (between five and six months).15 As previously noted, until the beginning of the 20th century, the Senate was, on average, in session for less than half the year. In recent decades, by contrast, the Senate has been in session through most of the year, but has taken a series of recesses within each session. As a result, recent recesses of the Senate, which have occurred both within and between sessions, have been generally shorter than were the recesses of earlier times, which occurred chiefly between sessions.16 The Recess Appointments Clause does not specify the length of time that the Senate must be in recess before the President may make a recess appointment. Over the last century, as shorter recesses have become more commonplace, Attorneys General and the Office of Legal Counsel have offered differing views on this issue. In 1993, a Department of Justice brief implied that the President may make a recess appointment during a recess of more than three days.17 It stated, "The Constitution restricts the Senate's ability to adjourn its session for more than three days without obtaining the consent of the House of Representatives.... It might be argued that this means that the Framers did not consider one, two and three day recesses to be constitutionally significant." It has become commonplace for Presidents to make recess appointments during recesses of less than 30 days. Between January 20, 1981, the beginning of the Reagan presidency, and October 31, 2008,18 it appears that the shortest intersession recess during which a President made a recess appointment was 10 days,19 and the 15 Two measures of central tendency are presented here: the mean, or average, and the median. The mean is the more familiar measure, and it was calculated by adding together the elapsed times for all of the cases and dividing the resulting sum by the total number of cases (162 -- each appointment that had been preceded by a nomination is a case in this instance). The median is the middle number in a set of observations (or, in this case, because of an even number of observations, the average of the two middle numbers). In data sets, such as this one, where the data are skewed because of a limited number of extreme values, the median is often considered to be the more accurate of the two measures of central tendency. 16 U.S. Congress, Joint Committee on Printing, 2007-2008 Official Congressional Directory 110th Congress, S. Pub. 110-13, 110th Cong. (Washington: GPO), pp. 516-532. 17 Mackie v. Clinton, Civil Action 93-0032-LFO, July 2, 1993, p. 25. The constitutional provision to which the brief refers states, "Neither House, during the Session of the Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting." 18 This is the period for which comprehensive data on recesses during which recess appointments have been made are readily available. 19 President Ronald W. Reagan recess appointed John C. Miller to be a member of the National Labor Relations Board on December 23, 1982, during a recess that began that day and lasted until the Senate reconvened on January 3, 1983. (U.S. President (Reagan), "Digest of Other White House Announcements," Weekly Compilation of Presidential Documents, vol. 18, December 23, 1982, p. 1662.) Ten days elapsed between these two (continued...) CRS-6 shortest intrasession recess during which a President made a recess appointment was nine days.20 On November 16, 2007, the Senate Majority Leader announced that the Senate would "be coming in for pro forma sessions during the Thanksgiving holiday to prevent recess appointments."21 The Senate recessed later that day and pro forma meetings22 were convened on November 20, 23, 27, and 29, with no business conducted. The Senate next conducted business after reconvening on December 3, 2007. The President made no recess appointments during that period. On December 19, 2007, the Senate Majority Leader announced that similar pro forma meetings would be held in the following days, again for the purpose of preventing the President from making recess appointments.23 Later that day, the Senate agreed, by unanimous consent, to hold a series of pro forma meetings until sine die adjournment of the first session, and to hold another series beginning with the convening of the second session.24 The Senate recessed on December 19, 2007, and pro forma meetings were held on December 21, 23, 26, 28, and 31. The Senate adjourned sine die on December 31, 2007. On January 3, 2008, the Senate convened its second session, but no other business was conducted. Pro forma meetings of the Senate were held on January 7, 9, 11, 15, and 18. On January 22, the Senate reconvened and conducted business. The President made no recess appointments between December 19, 2007, and January 22, 2008. Similar procedures were followed during other periods, in 2008, that would otherwise have been Senate recesses of a week or longer in duration.25 On September 19 (...continued) dates. 20 On May 31, 1996, President William J. Clinton recess appointed Johnny H. Hayes to be a member of the Tennessee Valley Authority. (U.S. President (Clinton), "Digest of Other White House Announcements," Weekly Compilation of Presidential Documents, vol. 32, May 31, 1996, p. 980.) The Senate had adjourned on May 24, 1996, and reconvened on June 3. Nine days elapsed between these two days. 21 Sen. Harry Reid, "Recess Appointments," remarks in the Senate, Congressional Record, daily edition, vol. 153, November 16, 2007, p. S14609. 22 A pro forma session is a short meeting of the House or Senate during which it is understood that no business will be conducted. 23 Sen. Harry Reid, "Order of Business," remarks in the Senate, Congressional Record, daily edition, vol. 153, December 19, 2007, p. S15980. 24 Sen. Harry Reid, "Order of Procedure," remarks in the Senate, Congressional Record, daily edition, vol. 153, December 19, 2007, p. S16069. 25 See Sen. Harry Reid, "Order of Procedure," remarks in the Senate, Congressional Record, daily edition, vol. 154, February 14, 2008, p. S1085; Sen. Harry Reid, "Order of Procedure," remarks in the Senate, Congressional Record, daily edition, vol. 154, March 14, 2008, p. S219; Sen. Harry Reid, "Orders of Procedure," remarks in the Senate, Congressional Record, daily edition, vol. 154, May 22, 2008, p. S4849; Sen. Carl Levin, "Orders for Monday, June 30, and Monday July 7,2008," remarks in the Senate, Congressional Record, daily edition, vol. 154, June 27, 2008, p. S6336; and Sen. Harry Reid, "Order for Pro Forma (continued...) CRS-7 17, 2008, the Senate Majority Leader announced, with regard to the Senate, "We are going to have to get some committee hearings underway, which is why we are not going to adjourn. We will be in pro forma session so committees can still meet, though we won't have any activities here on the floor as relates to these markets."26 On October 2, 2008, the Senate agreed, by unanimous consent, to hold a series of pro forma meetings between that date and November 17, 2008, when they would reconvene and conduct business.27 Table 3 identifies, for the period from January 20, 2001, to October 31, 2008, (1) each intersession recess; (2) each intrasession recess of four or more days; (3) the dates the Senate adjourned for, and reconvened from, each of these recesses; (4) the number of days between those two dates; and (5) the number of recess appointments made by the President during these days. The duration of the recesses in which President Bush made recess appointments ranged from 10 to 47 days. The average (mean) duration was 25 days, and the median duration was 26 days. As of October 31, 2008, the elapsed time between the recess appointment and the reconvening of the Senate ranged from one day to 36 days. The average elapsed time was 14 days, and the median elapsed time was 11 days. President Bush made 29 recess appointments three days or less before the end of the recess. He made 50 recess appointments 21 or more days before the end of the recess. The individual recess appointments are shown in Tables 4 and 5. Table 4 provides, for each appointment to a full-time position, the name of the appointee, the position to which he or she was appointed, and the date on which the appointment was made. Table 5 provides the same information for appointments to part-time positions. For both tables, entries in bold are recess appointments that were made during a recess within a session of Congress (intrasession recess appointments). All other entries are recess appointments that were made during a recess between Congresses or between sessions of Congress (intersession recess appointments). 25 (...continued) Sessions," remarks in the Senate, Congressional Record, daily edition, vol. 154, August 1, 2008, p. S8077. 26 Sen. Harry Reid, "The Economy," remarks in the Senate, Congressional Record, daily edition, vol. 154, September 17, 2008, p. S8907. 27 Sen. Carl Levin, "Orders for Monday, October 6, 2008, through Monday, November 17, 2008," remarks in the Senate, Congressional Record, daily edition, vol. 154, October 2, 2008, p. S10504. CRS-8 Table 3. Senate Intersession Recesses, Intrasession Recesses of Four or More Days, and Numbers of Recess Appointments, January 20, 2001-October 31, 2008 Number of days Number of recess Date adjourned Date reconvened adjourned a appointments (The first session of the 107th Congress convened on 01/03/01. The Senate adjourned on 01/08/01 and reconvened on 01/20/01.) 02/15/01 02/26/01 10 0 04/06/01 04/23/01 16 0 05/26/01 06/05/01 9 0 06/29/01 07/09/01 9 0 08/03/01 09/04/01 31 1 10/18/01 10/23/01 4 0 11/16/01 11/27/01 10 0 The Senate adjourned sine die on 12/20/01. The second session of the 9 107th Congress convened 01/23/02. The intersession (period between these two dates) was 33 days long. a 01/29/02 02/04/02 5 0 02/15/02 02/25/02 9 0 03/22/02 04/08/02 16 5 05/23/02 06/03/02 10 0 06/28/02 07/08/02 9 0 08/01/02 09/03/02 32 7 The Senate adjourned sine die on 11/20/02. The first session of the 1 108th Congress convened on 01/07/03. The intersession (period between these two dates) was 47 days long. a 02/14/03 02/24/03 9 0 04/11/03 04/28/03 16 11 05/23/03 06/02/03 9 0 06/27/03 07/07/03 9 0 08/01/03 09/02/03 31 15 10/03/03 10/14/03 10 0 11/25/03 12/09/03 13 0 CRS-9 Number of days Number of recess Date adjourned Date reconvened adjourned a appointments The Senate adjourned sine die on 12/09/03. The second session of the 13 108th Congress convened 01/20/04. The intersession (period between these two dates) was 41 days long. a 02/12/04 02/23/04 10 1 03/12/04 03/22/04 9 0 04/08/04 04/19/04 10 4 05/21/04 06/01/04 10 12 06/09/04 06/14/04 4 0 06/25/04 07/06/04 10 4 07/22/04 09/07/04 46 20 10/11/04 11/16/04 35 2 11/24/04 12/07/04 12 0 The Senate adjourned sine die on 12/08/04. The first session of the 1 109th Congress convened on 01/04/05. The intersession (period between these two dates) was 26 days long. a 01/06/05 01/20/05 13 4 01/26/05 01/31/05 4 0 02/18/05 02/28/05 9 0 03/20/05 04/04/05 14 10 04/29/05 05/09/05 9 0 05/26/05 06/06/05 10 0 07/01/05 07/11/05 9 0 07/29/05 09/01/05 33 7 09/01/05 09/06/05 4 0 10/07/05 10/17/05 9 0 11/18/05 12/12/05 23 0 The Senate adjourned sine die on 12/22/05. The second session of the 0 109th Congress convened on 01/03/06. The intersession (period between these two dates) was 11 days long. a 01/03/06 01/18/06 14 21 02/17/06 02/27/06 9 0 03/16/06 03/27/06 10 0 04/07/06 04/24/06 16 8 05/26/06 06/05/06 9 0 CRS-10 Number of days Number of recess Date adjourned Date reconvened adjourned a appointments 06/29/06 07/10/06 10 0 08/04/06 09/05/06 31 3 09/30/06 11/09/06 39 2 11/16/06 12/04/06 17 0 The Senate adjourned sine die on December 9, 2006. The first session 6 of the 110th Congress convened on January 4, 2007. The intersession (period between these two dates) was 25 days long. a 02/17/07 02/26/07 8 0 03/29/07 04/10/07 11 4 05/25/07 06/04/07 9 0 06/29/07 07/09/07 9 0 08/03/07 09/04/07 31 0 10/05/07 10/15/07 9 0 The Senate adjourned sine die on December 31, 2007. The second 0 session of the 110th Congress convened on January 3, 2008. The intersession (period between these two dates) was 2 days long. a Source: Table created by the Congressional Research Service using data from the Congressional Record. a. The entries for the number of days adjourned include all days between the day the Senate adjourns and the day it reconvenes. They do not include the days of adjournment or reconvening because the Senate is able to act on nominations on these days. CRS-11 Table 4. Recess Appointments to Full-Time Positions by President George W. Bush, January 20, 2001- October 31, 2008a (Intrasession appointments bolded) Appointment Recess appointee Position date Peter J. Hurtgen Member (designated Chairman), National 8/31/2001 Labor Relations Board John Magaw Under Secretary -- Security, Department of 1/7/2002 Transportation Otto J. Reich Assistant Secretary -- Western Hemisphere 1/11/2002 Affairs, Department of State Eugene Scalia Solicitor, Department of Labor 1/11/2002 Michael J. Bartlett Member, National Labor Relations Board 1/22/2002 William B. Cowen Member, National Labor Relations Board 1/22/2002 Cynthia A. Glassman Member, Securities and Exchange Commission 1/22/2002 Isaac C. Hunt Jr. Member, Securities and Exchange Commission 1/22/2002 JoAnn Johnson Board Member, National Credit Union 1/22/2002 Administration Deborah Matz Board Member, National Credit Union 1/22/2002 Administration Emil H. Frankel Assistant Secretary -- Transportation 3/29/2002 Policy, Department of Transportation Gerald Reynolds Assistant Secretary -- Civil Rights, 3/29/2002 Department of Education Dennis L. Schornack Commissioner on the Part of the United 3/29/2002 States, International Joint Commission, United States and Canada Jeffrey Shane Associate Deputy Secretary, Department of 3/29/2002 Transportation Michael E. Toner Member, Federal Election Commission 3/29/2002 Thomas C. Dorr Under Secretary -- Rural Development, 8/6/2002 Department of Agriculture Tony Hammond Commissioner, Postal Rate Commission 8/6/2002 Susanne T. Marshall Chairman, Merit Systems Protection Board 8/6/2002 W. Scott Railton Member (designated Chairman), 8/6/2002 Occupational Safety and Health Review Commission Ellen L. Weintraub Member, Federal Election Commission 12/6/2002 Naomi C. Earp Member (designated Vice Chairman), Equal 4/22/2003 Employment Opportunity Commission Peter Eide General Counsel, Federal Labor Relations 4/22/2003 Authority April H. Foley Board Member, Export-Import Bank 4/22/2003 CRS-12 Appointment Recess appointee Position date R. Bruce Matthews Member, Defense Nuclear Facilities Safety 4/22/2003 Board Neil McPhie Member (designated Vice Chairman), Merit 4/22/2003 Systems Protection Board Stanley C. Suboleski Member, Federal Mine Health and Safety 4/22/2003 Review Commission A. Paul Anderson Commissioner, Federal Maritime 8/22/2003 Commission Charlotte A. Lane Member, United States International Trade 8/22/2003 Commission Daniel Pearson Member, United States International Trade 8/22/2003 Commission John P. Woodley Jr. Assistant Secretary -- Civil Works, 8/22/2003 Department of the Army Clark K. Ervin Inspector General, Department of Homeland 12/23/2003 Security Robert Lerner Commissioner -- Education Statistics, 12/23/2003 Department of Education Ronald E. Meisburg Member, National Labor Relations Board 12/23/2003 Raymond Simon Assistant Secretary -- Elementary and 12/23/2003 Secondary Education, Department of Education Charles W. Pickering Judge, U.S. Court of Appeals for the Fifth 1/16/2004 Circuit William H. Pryor Judge, U.S. Court of Appeals for the 2/20/2004 Eleventh Circuit Linda M. Combs Assistant Secretary -- Budget and 4/16/2004 Programs, Department of Transportation Linda M. Conlin Board Member, Export-Import Bank 4/16/2004 Eugene Hickok Deputy Secretary, Department of Education 4/16/2004 Edward R. Under Secretary, Department of Education 4/18/2004 McPherson Romolo A. Bernardi Deputy Secretary, Department of Housing 5/28/2004 and Urban Development Charles Johnson Chief Financial Officer, Environmental 5/28/2004 Protection Agency Ann R. Klee Assistant Administrator (General Counsel), 5/28/2004 Environmental Protection Agency Cathy M. Assistant Secretary -- Public Affairs, 5/28/2004 MacFarlane Department of Housing and Urban Development Dennis C. Shea Assistant Secretary -- Policy Development 5/28/2004 and Research, Department of Housing and Urban Development CRS-13 Appointment Recess appointee Position date Deborah A. Spagnoli Commissioner, U.S. Parole Commission 5/28/2004 Kirk Van Tine Deputy Secretary, Department of 5/28/2004 Transportation Sue Ellen Solicitor, Department of the Interior 5/28/2004 Wooldridge Michael D. Assistant Secretary -- Communications and 7/2/2004 Gallagher Information, Department of Commerce Theodore W. Deputy Secretary, Department of 7/2/2004 Kassinger Commerce Carin M. Barth Chief Financial Officer, Department of 8/2/2004 Housing and Urban Development Jonathan W. Dudas Under Secretary -- Intellectual Property/ 8/2/2004 Director -- U.S. Patent and Trademark Office, Department of Commerce Albert A. Frink Jr. Assistant Secretary -- Manufacturing and 8/2/2004 Services, Department of Commerce Susan J. Grant Chief Financial Officer, Department of 8/2/2004 Energy Ricardo H. Hinojosa Chairman, United States Sentencing 8/2/2004 Commission Stephen L. Johnson Deputy Administrator, Environmental 8/2/2004 Protection Agency James R. Kunder Assistant Administrator -- Bureau for Asia 8/2/2004 and the Near East, U.S. Agency for International Development John D. Rood Ambassador, Commonwealth of the 8/2/2004 Bahamas Charles G. Ambassador, State of Qatar 8/2/2004 Untermeyer Gary L. Visscher Member, Chemical Safety and Hazard 8/2/2004 Investigation Board Aldona Wos Ambassador, Republic of Estonia 8/2/2004 Deborah P. Majoras Commissioner (designated Chairman), 8/16/2004 Federal Trade Commission Jon D. Leibowitz Commissioner, Federal Trade Commission 9/1/2004 Ronald Rosenfeld Director (designated Chairman), Federal 12/14/2004 Housing Finance Board Gregory B. Jaczko Member, Nuclear Regulatory Commission 1/19/2005 Peter B. Lyons Member, Nuclear Regulatory Commission 1/19/2005 Michael W. Wynne Under Secretary -- Acquisition, Technology 4/1/2005 and Logistics, Department of Defense John R. Bolton Representative of the U.S. to the United 8/1/2005 Nations CRS-14 Appointment Recess appointee Position date Peter C. W. Flory Assistant Secretary -- International 8/2/2005 Security Policy, Department of Defense Eric S. Edelman Under Secretary -- Policy, Department of 8/9/2005 Defense Alice S. Fisher Assistant Attorney General -- Criminal 8/31/2005 Division, Department of Justice Peter Schaumber Member, National Labor Relations Board 8/31/2005 Gordon England Deputy Secretary of Defense 1/4/2006 Tracy A. Henke Executive Director -- Office of State and 1/4/2006 Local Government Coordination and Preparedness, Department of Homeland Security Peter N. Kirsanow Member, National Labor Relations Board 1/4/2006 Robert D. Lenhard Member, Federal Election Commission 1/4/2006 Ronald E. Meisburg General Counsel, National Labor Relations 1/4/2006 Board Julie L. Myers Assistant Secretary -- Bureau of 1/4/2006 Immigration and Customs Enforcement, Department of Homeland Security Benjamin A. Powell General Counsel, Office of the Director of 1/4/2006 National Intelligence Arthur F. Rosenfeld Director, Federal Mediation and 1/4/2006 Conciliation Service Ellen R. Sauerbrey Assistant Secretary -- Population, 1/4/2006 Refugees, and Migration, Department of State Dorrance Smith Assistant Secretary -- Public Affairs, 1/4/2006 Department of Defense Hans von Spakovsky Member, Federal Election Commission 1/4/2006 Steven T. Walther Member, Federal Election Commission 1/4/2006 Steven K. Mullins U.S. Attorney, District of South Dakota 1/9/2006 C. Boyden Gray Ambassador, European Union 1/17/2006 Dennis P. Walsh Member, National Labor Relations Board 1/17/2006 Bertha K. Madras Deputy Director -- Demand Reduction, 4/19/2006 Office of National Drug Control Policy James F. X. O'Gara Deputy Director -- Supply Reduction, 4/19/2006 Office of National Drug Control Policy Paul DeCamp Administrator -- Wage and Hour Division, 8/31/2006 Department of Labor Michael F. Duffy Member (designated Chairman), Federal 8/31/2006 Mine Safety and Health Review Commission Daniel Meron General Counsel, Department of Health and 8/31/2006 Human Services CRS-15 Appointment Recess appointee Position date Richard E. Stickler Assistant Secretary - Mine Safety and 10/19/2006 Health Administration, Department of Labor John R. Steer Member (designated Vice Chair), United 12/12/2006 States Sentencing Commission Wayne C. Beyer Member, Federal Labor Relations Authority 12/20/2006 Andrew G. Biggs Deputy Commissioner, Social Security 04/04/2007 Administration Susan E. Dudley Administrator - Office of Information and 04/04/2007 Regulatory Affairs, Office of Management and Budget Sam Fox Ambassador, Belgium 04/04/2007 Carol W. Pope Member, Federal Labor Relations 04/04/2007 Authority Sources: Table created by the Congressional Research Service using data from various volumes of the Weekly Compilation of Presidential Documents; the Senate nominations database of the Legislative Information System, found at [http://www.congress.gov/nomis/], accessed October 31, 2008; White House press releases, found at [http://www.whitehouse.gov/news/], accessed October 31, 2008; and telephone conversations with the White House Executive Clerk's Office. a. This table covers the period from the day President Bush took office until October 31, 2008. Entries in bold are recess appointments that were made during a recess within a session of Congress (intrasession recess appointments). All other entries are recess appointments that were made during a recess between Congresses or between sessions of Congress (intersession recess appointments). CRS-16 Table 5. Recess Appointments to Part-Time Positions by President George W. Bush, January 20, 2001- October 31, 2008a (Intrasession appointments bolded) Appointment Recess appointee Position date Albert Casey Governor, United States Postal Service 8/6/2002 Thomas C. Dorr Board Member, Commodity Credit 8/6/2002 Corporation Cheryl F. Halpern Board Member, Corporation for Public 8/6/2002 Broadcasting Lillian R. BeVier Board Member, Legal Services Corporation 4/22/2003 Thomas A. Fuentes Board Member, Legal Services Corporation 4/22/2003 James C. Miller III Governor, United States Postal Service 4/22/2003 William A. Schambra Board Member, Corporation for National 4/22/2003 and Community Service Donna N. Williams Board Member, Corporation for National 4/22/2003 and Community Service Ephraim Batambuze Board Member, African Development 8/22/2003 Foundation David W. Fleming Member (public) -- Board of Trustees, 8/22/2003 James Madison Memorial Fellowship Foundation Jose A. Fourquet Board Member, Inter-American Foundation 8/22/2003 Adolfo A. Franco Board Member (government representative), 8/22/2003 Inter-American Foundation Jay P. Greene Member (academic) -- Board of Trustees, 8/22/2003 James Madison Memorial Fellowship Foundation Walter H. Kansteiner Board Member, African Development 8/22/2003 Foundation Patrick L. McCrory Member -- Board of Trustees, Harry S. 8/22/2003 Truman Scholarship Foundation Roger F. Noriega Board Member (government representative), 8/22/2003 Inter-American Foundation John R. Petrocik Member (academic) -- Board of Trustees, 8/22/2003 James Madison Memorial Fellowship Foundation Daniel Pipes Board Member, United States Institute of 8/22/2003 Peace Juanita A. Vasquez- Member -- Board of Trustees, Harry S. 8/22/2003 Gardner Truman Scholarship Foundation Bradley D. Belt Member, Social Security Advisory Board 12/23/2003 Cynthia Boich Board Member, Corporation for National and 12/23/2003 Community Service Albert Casey Governor, United States Postal Service 12/23/2003 CRS-17 Appointment Recess appointee Position date Gay Hart Gaines Board Member, Corporation for Public 12/23/2003 Broadcasting Dorothy A. Johnson Board Member, Corporation for National and 12/23/2003 Community Service Henry Lozano Board Member, Corporation for National and 12/23/2003 Community Service Claudia Puig Board Member, Corporation for Public 12/23/2003 Broadcasting Fayza V. B. Rodman Member, Broadcasting Board of Governors 12/23/2003 Edward Brehm Board Member (designated Chairperson), 5/28/2004 African Development Foundation Adam M. Lindemann Member, Advisory Board for Cuba 5/28/2004 Broadcasting Kiron K. Skinner Member, National Security Education Board 5/28/2004 Juanita A. Vasquez- Member -- Board of Trustees, Harry S. 5/28/2004 Gardner Truman Scholarship Foundation Floyd Hall Member, Reform Board (Amtrak) 7/2/2004 Jack E. McGregor Member -- Advisory Board, Saint Lawrence 7/2/2004 Seaway Development Corporation Nadine Hogan Board Member (designated Vice Chairman 8/2/2004 [private representative]), Inter-American Foundation Paul Jones Member, Internal Revenue Service Oversight 8/2/2004 Board Enrique J. Sosa Member, Reform Board (Amtrak) 8/2/2004 Jack Vaughn Board Member (private representative), 8/2/2004 Inter-American Foundation Richard K. Wagner Member -- Advisory Board, National 8/2/2004 Institute for Literacy Scott K. Walker Member -- Advisory Board, Saint Lawrence 8/2/2004 Seaway Development Corporation Roger W. Wallace Board Member, (designated Chairman 8/2/2004 [private representative]), Inter-American Foundation Carolyn L. Gallagher Governor, United States Postal Service 11/3/2004 Louis J. Giuliano Governor, United States Postal Service 11/3/2004 Adolfo A. Franco Board Member (government representative), 1/19/2005 Inter-American Foundation Roger F. Noriega Board Member (government representative), 1/19/2005 Inter-American Foundation James H. Bilbray Member, Defense Base Closure and 4/1/2005 Realignment Commission Philip Coyle Member, Defense Base Closure and 4/1/2005 Realignment Commission CRS-18 Appointment Recess appointee Position date Harold W. Gehman Member, Defense Base Closure and 4/1/2005 Jr. Realignment Commission James V. Hansen Member, Defense Base Closure and 4/1/2005 Realignment Commission James T. Hill Member, Defense Base Closure and 4/1/2005 Realignment Commission Lloyd W. Newton Member, Defense Base Closure and 4/1/2005 Realignment Commission Anthony J. Principi Member (designated Chairman), Defense 4/1/2005 Base Closure and Realignment Commission Samuel K. Skinner Member, Defense Base Closure and 4/1/2005 Realignment Commission Sue Ellen Turner Member, Defense Base Closure and 4/1/2005 Realignment Commission John R. Bolton Representative of the U.S. in the United 8/1/2005 Nations Security Council John R. Bolton Representative of the U.S. to Sessions of the 8/1/2005 United Nations General Assembly Stephen Goldsmith Board Member, Corporation for National 1/4/2006 and Community Service Floyd Hall Member, Reform Board (Amtrak) 1/4/2006 Nadine Hogan Board Member (designated Vice Chairman 1/4/2006 [private representative]), Inter-American Foundation Enrique J. Sosa Member, Reform Board (Amtrak) 1/4/2006 Roger W. Wallace Board Member (designated Chairman 1/4/2006 [private representative]), Inter-American Foundation John Gardner Governor, United States Postal Service 1/6/2006 John L. Palmer Member, Board of Trustees of the Federal 4/19/2006 Old-Age and Survivors Insurance Trust Fund and the Federal Disability Trust Fund John L. Palmer Member, Board of Trustees of the Federal 4/19/2006 Hospital Insurance Trust Fund John L. Palmer Member, Board of Trustees of the 4/19/2006 Supplementary Medical Insurance Trust Fund Thomas R. Saving Member, Board of Trustees of the Federal 4/19/2006 Old-Age and Survivors Insurance Trust Fund and the Federal Disability Trust Fund Thomas R. Saving Member, Board of Trustees of the Federal 4/19/2006 Hospital Insurance Trust Fund Thomas R. Saving Member, Board of Trustees of the 4/19/2006 Supplementary Medical Insurance Trust Fund CRS-19 Appointment Recess appointee Position date Jeffrey R. Brown Member, Social Security Advisory Board 10/19/2006 Dabney L. Friedrich Member, United States Sentencing Commission 12/12/2006 Beryl A. Howell Member, United States Sentencing Commission 12/12/2006 Warren Bell Board Member, Corporation for Public 12/20/2006 Broadcasting Mark McKinnon Member, Board of Broadcasting Governors 12/20/2006 Sources: Table created by the Congressional Research Service using data from various volumes of the Weekly Compilation of Presidential Documents; the Senate nominations database of the Legislative Information System, found at [http://www.congress.gov/nomis/], accessed October 31, 2008; White House press releases, found at [http://www.whitehouse.gov/news/], accessed October 31, 2008; and telephone conversations with the White House Executive Clerk's Office. a. This table covers the period from the day President Bush took office until October 31, 2008. Entries in bold are recess appointments that were made during a recess within a session of Congress (intrasession recess appointments). All other entries are recess appointments that were made during a recess between Congresses or between sessions of Congress (intersession recess appointments). ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33310