Recess Appointments Made by President George W. Bush, January 20, 2001-October 31, 2008

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 a2
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 the3
following session of the Senate. 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 his4
nominees could not be considered or confirmed. This interpretation is bolstered by
the fact that both Houses of Congress had relatively short sessions and long recessesth
during the early years of the Republic. In fact, until the beginning of the 20 century,
the Senate was, on average, in session less than half the year.5
This report identifies recess appointments made by President George W. Bush6
from the time he took office on January 20, 2001, through October 31, 2008. 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/

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
P ositions 2001 2002 2003 2004 2005 2006 2007 2008 a Tot a l
Full-time 1 19 14 30 8 23 4 0 99
Part-ime0 3241513170 072
Total122 3845214040171
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.

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.

Table 2. Summary Information Concerning Recess
Appointments by President George W. Bush, January 20, 2001-
October 31, 2008
Total Number of Recess Appointments171
Appointments during intersession recesses — between sessions of Congress30
Appointments during intrasession recesses — within sessions of Congress141
Appointments to executive branch positions165
Appointments to judicial branch positions6
Recess appointments for which a nomination was made by 165
October 31, 2008
Nomination timing
Recess appointments preceded by nomination162
Recess appointments followed by nomination3
Nomination disposition as of October 31, 2008a
Resulted in confirmation95
Pending in the Senate6
Withdrawn by the President31
Returned to the President33
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.

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...)

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...)

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.



Table 3. Senate Intersession Recesses, Intrasession Recesses
of Four or More Days, and Numbers of Recess Appointments,
January 20, 2001-October 31, 2008
Date adjournedDate reconvenedNumber of daysadjourned aNumber of recessappointments
(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 theth9
107 Congress convened 01/23/02. The intersession (period betweena
these two dates) was 33 days long.
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 theth1
108 Congress convened on 01/07/03. The intersession (perioda
between these two dates) was 47 days long.
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



Date adjournedDate reconvenedNumber of daysadjourned aNumber of recessappointments
The Senate adjourned sine die on 12/09/03. The second session of theth13
108 Congress convened 01/20/04. The intersession (period betweena
these two dates) was 41 days long.
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 theth1
109 Congress convened on 01/04/05. The intersession (perioda
between these two dates) was 26 days long.
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 theth0
109 Congress convened on 01/03/06. The intersession (perioda
between these two dates) was 11 days long.
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



Date adjournedDate reconvenedNumber of daysadjourned aNumber of recessappointments
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 sessionth6
of the 110 Congress convened on January 4, 2007. The intersessiona
(period between these two dates) was 25 days long.
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 secondth0
session of the 110 Congress convened on January 3, 2008. Thea
intersession (period between these two dates) was 2 days long.
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.



Table 4. Recess Appointments to Full-Time Positions by
President George W. Bush, January 20, 2001-
October 31, 2008a
(Intrasession appointments bolded)
Recess appointee PositionAppointmentdate
Peter J. HurtgenMember (designated Chairman), National8/31/2001
Labor Relations Board
John MagawUnder Secretary — Security, Department of1/7/2002
T r ansp o r tatio n
Otto J. ReichAssistant Secretary — Western Hemisphere1/11/2002
Affairs, Department of State
Eugene ScaliaSolicitor, Department of Labor1/11/2002
Michael J. BartlettMember, National Labor Relations Board1/22/2002
William B. CowenMember, National Labor Relations Board1/22/2002
Cynthia A. GlassmanMember, Securities and Exchange Commission1/22/2002
Isaac C. Hunt Jr.Member, Securities and Exchange Commission1/22/2002
JoAnn JohnsonBoard Member, National Credit Union1/22/2002
Ad mi ni str a tio n
Deborah MatzBoard Member, National Credit Union1/22/2002
Ad mi ni str a tio n
Emil H. FrankelAssistant Secretary — Transportation3/29/2002
Policy, Department of Transportation
Gerald ReynoldsAssistant Secretary — Civil Rights,3/29/2002
Department of Education
Dennis L. SchornackCommissioner on the Part of the United3/29/2002
States, International Joint Commission,
United States and Canada
Jeffrey ShaneAssociate Deputy Secretary, Department of3/29/2002
Transportation
Michael E. TonerMember, Federal Election Commission3/29/2002
Thomas C. DorrUnder Secretary — Rural Development,8/6/2002
Department of Agriculture
Tony HammondCommissioner, Postal Rate Commission8/6/2002
Susanne T. MarshallChairman, Merit Systems Protection Board8/6/2002
W. Scott RailtonMember (designated Chairman),8/6/2002
Occupational Safety and Health Review
C o mmi s s i o n
Ellen L. WeintraubMember, Federal Election Commission12/6/2002
Naomi C. EarpMember (designated Vice Chairman), Equal4/22/2003
Employment Opportunity Commission
Peter EideGeneral Counsel, Federal Labor Relations4/22/2003
Autho r ity
April H. FoleyBoard Member, Export-Import Bank4/22/2003



Recess appointee PositionAppointmentdate
R. Bruce MatthewsMember, Defense Nuclear Facilities Safety4/22/2003
Board
Neil McPhieMember (designated Vice Chairman), Merit4/22/2003
Systems Protection Board
Stanley C. SuboleskiMember, Federal Mine Health and Safety4/22/2003
Review Commission
A. Paul AndersonCommissioner, Federal Maritime8/22/2003
C o mmi s s i o n
Charlotte A. LaneMember, United States International Trade8/22/2003
C o mmi s s i o n
Daniel PearsonMember, United States International Trade8/22/2003
C o mmi s s i o n
John P. Woodley Jr.Assistant Secretary — Civil Works,8/22/2003
Department of the Army
Clark K. ErvinInspector General, Department of Homeland12/23/2003
Security
Robert LernerCommissioner — Education Statistics,12/23/2003
Department of Education
Ronald E. MeisburgMember, National Labor Relations Board12/23/2003
Raymond SimonAssistant Secretary — Elementary and12/23/2003
Secondary Education, Department of
Ed ucatio n
Charles W. PickeringJudge, U.S. Court of Appeals for the Fifth1/16/2004
Cir c uit
William H. PryorJudge, U.S. Court of Appeals for the2/20/2004
Eleventh Circuit
Linda M. CombsAssistant Secretary — Budget and4/16/2004
Programs, Department of Transportation
Linda M. ConlinBoard Member, Export-Import Bank4/16/2004
Eugene HickokDeputy Secretary, Department of Education4/16/2004
Edward R.Under Secretary, Department of Education4/18/2004
M cPherson
Romolo A. BernardiDeputy Secretary, Department of Housing5/28/2004
and Urban Development
Charles JohnsonChief Financial Officer, Environmental5/28/2004
Protection Agency
Ann R. KleeAssistant Administrator (General Counsel),5/28/2004
Environmental Protection Agency
Cathy M.Assistant Secretary — Public Affairs,5/28/2004
MacFarlaneDepartment of Housing and Urban
Dev e lo pment
Dennis C. SheaAssistant Secretary — Policy Development5/28/2004


and Research, Department of Housing and
Urban Development

Recess appointee PositionAppointmentdate
Deborah A. SpagnoliCommissioner, U.S. Parole Commission5/28/2004
Kirk Van TineDeputy Secretary, Department of5/28/2004
Transportation
Sue EllenSolicitor, Department of the Interior5/28/2004
Wooldridge
Michael D.Assistant Secretary — Communications and7/2/2004
GallagherInformation, Department of Commerce
Theodore W.Deputy Secretary, Department of7/2/2004
K a ssing e r Commerce
Carin M. BarthChief Financial Officer, Department of8/2/2004
Housing and Urban Development
Jonathan W. DudasUnder Secretary — Intellectual Property/8/2/2004
Director — U.S. Patent and Trademark
Office, Department of Commerce
Albert A. Frink Jr.Assistant Secretary — Manufacturing and8/2/2004
Services, Department of Commerce
Susan J. GrantChief Financial Officer, Department of8/2/2004
Energy
Ricardo H. HinojosaChairman, United States Sentencing8/2/2004
C o mmi s s i o n
Stephen L. JohnsonDeputy Administrator, Environmental8/2/2004
Protection Agency
James R. KunderAssistant Administrator — Bureau for Asia8/2/2004
and the Near East, U.S. Agency for
International Development
John D. RoodAmbassador, Commonwealth of the8/2/2004
Bahamas
Charles G.Ambassador, State of Qatar8/2/2004
Untermeyer
Gary L. VisscherMember, Chemical Safety and Hazard8/2/2004
Investigation Board
Aldona WosAmbassador, Republic of Estonia8/2/2004
Deborah P. MajorasCommissioner (designated Chairman),8/16/2004
Federal Trade Commission
Jon D. LeibowitzCommissioner, Federal Trade Commission9/1/2004
Ronald RosenfeldDirector (designated Chairman), Federal12/14/2004
Housing Finance Board
Gregory B. JaczkoMember, Nuclear Regulatory Commission1/19/2005
Peter B. LyonsMember, Nuclear Regulatory Commission1/19/2005
Michael W. WynneUnder Secretary — Acquisition, Technology4/1/2005
and Logistics, Department of Defense
John R. BoltonRepresentative of the U.S. to the United8/1/2005


Na tio ns

Recess appointee PositionAppointmentdate
Peter C. W. FloryAssistant Secretary — International8/2/2005
Security Policy, Department of Defense
Eric S. EdelmanUnder Secretary — Policy, Department of8/9/2005
Defense
Alice S. FisherAssistant Attorney General — Criminal8/31/2005
Division, Department of Justice
Peter SchaumberMember, National Labor Relations Board8/31/2005
Gordon EnglandDeputy Secretary of Defense1/4/2006
Tracy A. HenkeExecutive Director — Office of State and1/4/2006
Local Government Coordination and
Preparedness, Department of Homeland
Security
Peter N. KirsanowMember, National Labor Relations Board 1/4/2006
Robert D. LenhardMember, Federal Election Commission 1/4/2006
Ronald E. MeisburgGeneral Counsel, National Labor Relations1/4/2006
Board
Julie L. MyersAssistant Secretary — Bureau of1/4/2006
Immigration and Customs Enforcement,
Department of Homeland Security
Benjamin A. PowellGeneral Counsel, Office of the Director of1/4/2006
National Intelligence
Arthur F. RosenfeldDirector, Federal Mediation and1/4/2006
Conciliation Service
Ellen R. SauerbreyAssistant Secretary — Population,1/4/2006
Refugees, and Migration, Department of
St a t e
Dorrance SmithAssistant Secretary — Public Affairs,1/4/2006
Department of Defense
Hans von SpakovskyMember, Federal Election Commission 1/4/2006
Steven T. WaltherMember, Federal Election Commission 1/4/2006
Steven K. MullinsU.S. Attorney, District of South Dakota1/9/2006
C. Boyden GrayAmbassador, European Union1/17/2006
Dennis P. WalshMember, National Labor Relations Board1/17/2006
Bertha K. MadrasDeputy Director — Demand Reduction,4/19/2006
Office of National Drug Control Policy
James F. X. OGaraDeputy Director — Supply Reduction,4/19/2006
Office of National Drug Control Policy
Paul DeCampAdministrator — Wage and Hour Division,8/31/2006
Department of Labor
Michael F. DuffyMember (designated Chairman), Federal8/31/2006
Mine Safety and Health Review
C o mmi s s i o n
Daniel MeronGeneral Counsel, Department of Health and8/31/2006


Human Services

Recess appointee PositionAppointmentdate
Richard E. SticklerAssistant Secretary - Mine Safety and10/19/2006
Health Administration, Department of
La bo r
John R. SteerMember (designated Vice Chair), United12/12/2006
States Sentencing Commission
Wayne C. BeyerMember, Federal Labor Relations Authority12/20/2006
Andrew G. BiggsDeputy Commissioner, Social Security04/04/2007
Administra tio n
Susan E. DudleyAdministrator - Office of Information and04/04/2007
Regulatory Affairs, Office of Management
and Budget
Sam FoxAmbassador, Belgium04/04/2007
Carol W. PopeMember, Federal Labor Relations04/04/2007
Autho r ity
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 Clerks 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).



Table 5. Recess Appointments to Part-Time Positions by
President George W. Bush, January 20, 2001-
October 31, 2008a
(Intrasession appointments bolded)
Recess appointeePositionAppointmentdate
Albert CaseyGovernor, United States Postal Service8/6/2002
Thomas C. DorrBoard Member, Commodity Credit8/6/2002
Co rporatio n
Cheryl F. HalpernBoard Member, Corporation for Public8/6/2002
Broadcasting
Lillian R. BeVierBoard Member, Legal Services Corporation4/22/2003
Thomas A. FuentesBoard Member, Legal Services Corporation4/22/2003
James C. Miller IIIGovernor, United States Postal Service4/22/2003
William A. SchambraBoard Member, Corporation for National4/22/2003
and Community Service
Donna N. WilliamsBoard Member, Corporation for National4/22/2003
and Community Service
Ephraim BatambuzeBoard Member, African Development8/22/2003
F o unda t i o n
David W. FlemingMember (public) — Board of Trustees,8/22/2003
James Madison Memorial Fellowship
F o unda t i o n
Jose A. FourquetBoard Member, Inter-American Foundation8/22/2003
Adolfo A. FrancoBoard Member (government representative),8/22/2003
Inter-American Foundation
Jay P. GreeneMember (academic) — Board of Trustees,8/22/2003
James Madison Memorial Fellowship
F o unda t i o n
Walter H. KansteinerBoard Member, African Development8/22/2003
F o unda t i o n
Patrick L. McCroryMember — Board of Trustees, Harry S.8/22/2003
Truman Scholarship Foundation
Roger F. NoriegaBoard Member (government representative),8/22/2003
Inter-American Foundation
John R. PetrocikMember (academic) — Board of Trustees,8/22/2003
James Madison Memorial Fellowship
F o unda t i o n
Daniel PipesBoard Member, United States Institute of8/22/2003
Peace
Juanita A. Vasquez-Member — Board of Trustees, Harry S.8/22/2003
GardnerTruman Scholarship Foundation
Bradley D. BeltMember, Social Security Advisory Board12/23/2003
Cynthia BoichBoard Member, Corporation for National and12/23/2003
Community Service
Albert CaseyGovernor, United States Postal Service12/23/2003



Recess appointeePositionAppointmentdate
Gay Hart GainesBoard Member, Corporation for Public12/23/2003
Broadcasting
Dorothy A. JohnsonBoard Member, Corporation for National and12/23/2003
Community Service
Henry LozanoBoard Member, Corporation for National and12/23/2003
Community Service
Claudia PuigBoard Member, Corporation for Public12/23/2003
Broadcasting
Fayza V. B. RodmanMember, Broadcasting Board of Governors12/23/2003
Edward BrehmBoard Member (designated Chairperson),5/28/2004
African Development Foundation
Adam M. LindemannMember, Advisory Board for Cuba5/28/2004
Broadcasting
Kiron K. SkinnerMember, National Security Education Board5/28/2004
Juanita A. Vasquez-Member — Board of Trustees, Harry S.5/28/2004
GardnerTruman Scholarship Foundation
Floyd HallMember, Reform Board (Amtrak)7/2/2004
Jack E. McGregorMember — Advisory Board, Saint Lawrence7/2/2004
Seaway Development Corporation
Nadine HoganBoard Member (designated Vice Chairman8/2/2004
[private representative]), Inter-American
F o unda t i o n
Paul JonesMember, Internal Revenue Service Oversight8/2/2004
Board
Enrique J. SosaMember, Reform Board (Amtrak)8/2/2004
Jack VaughnBoard Member (private representative),8/2/2004
Inter-American Foundation
Richard K. WagnerMember — Advisory Board, National8/2/2004
Institute for Literacy
Scott K. WalkerMember — Advisory Board, Saint Lawrence8/2/2004
Seaway Development Corporation
Roger W. WallaceBoard Member, (designated Chairman8/2/2004
[private representative]), Inter-American
F o unda t i o n
Carolyn L. GallagherGovernor, United States Postal Service11/3/2004
Louis J. GiulianoGovernor, United States Postal Service11/3/2004
Adolfo A. FrancoBoard Member (government representative),1/19/2005
Inter-American Foundation
Roger F. NoriegaBoard Member (government representative),1/19/2005
Inter-American Foundation
James H. BilbrayMember, Defense Base Closure and4/1/2005
Realignment Commission
Philip CoyleMember, Defense Base Closure and4/1/2005


Realignment Commission

Recess appointeePositionAppointmentdate
Harold W. GehmanMember, Defense Base Closure and4/1/2005
Jr.Realignment Commission
James V. HansenMember, Defense Base Closure and4/1/2005
Realignment Commission
James T. HillMember, Defense Base Closure and4/1/2005
Realignment Commission
Lloyd W. NewtonMember, Defense Base Closure and4/1/2005
Realignment Commission
Anthony J. PrincipiMember (designated Chairman), Defense4/1/2005
Base Closure and Realignment Commission
Samuel K. SkinnerMember, Defense Base Closure and4/1/2005
Realignment Commission
Sue Ellen TurnerMember, Defense Base Closure and4/1/2005
Realignment Commission
John R. BoltonRepresentative of the U.S. in the United8/1/2005
Nations Security Council
John R. BoltonRepresentative of the U.S. to Sessions of the8/1/2005
United Nations General Assembly
Stephen GoldsmithBoard Member, Corporation for National1/4/2006
and Community Service
Floyd HallMember, Reform Board (Amtrak)1/4/2006
Nadine HoganBoard Member (designated Vice Chairman1/4/2006
[private representative]), Inter-American
F o unda t i o n
Enrique J. SosaMember, Reform Board (Amtrak)1/4/2006
Roger W. WallaceBoard Member (designated Chairman1/4/2006
[private representative]), Inter-American
F o unda t i o n
John GardnerGovernor, United States Postal Service 1/6/2006
John L. PalmerMember, Board of Trustees of the Federal4/19/2006
Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Trust Fund
John L. PalmerMember, Board of Trustees of the Federal 4/19/2006
Hospital Insurance Trust Fund
John L. PalmerMember, Board of Trustees of the4/19/2006
Supplementary Medical Insurance Trust
F und
Thomas R. SavingMember, Board of Trustees of the Federal4/19/2006
Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Trust Fund
Thomas R. SavingMember, Board of Trustees of the Federal 4/19/2006
Hospital Insurance Trust Fund
Thomas R. SavingMember, Board of Trustees of the4/19/2006


Supplementary Medical Insurance Trust
F und

Recess appointeePositionAppointmentdate
Jeffrey R. BrownMember, Social Security Advisory Board10/19/2006
Dabney L. FriedrichMember, United States Sentencing Commission12/12/2006
Beryl A. HowellMember, United States Sentencing Commission12/12/2006
Warren BellBoard Member, Corporation for Public12/20/2006
Broadcasting
Mark McKinnonMember, Board of Broadcasting Governors12/20/2006
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 Clerks 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).