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Recess appointments made by President George W. Bush, January 20, 2001-October 31, 2008.

Updated November 3, 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 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.

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 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)

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 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 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 meetings (22) 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 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).

(1) U.S. Constitution, Article 2, [section] 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/

(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, [section] 2, cl. 3.

(9) U.S. Constitution, 20th Amend., [section] 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.

(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.

(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 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 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.

Henry B. Hogue

Analyst in American National Government

Government and Finance Division

Maureen Bearden

Information Research Specialist

Knowledge Services Group
Table 1. Recess Appointments by President George W. Bush to
Full- and Part-Time Positions, January 20, 2001-31-Oct-08

Positions   2001   2002   2003   2004   2005

Full-time      1     19     14     30      8

Part-time      0      3     24     15     13

Total          1     22     38     45     21

Positions    2006   2007   2008 (a)   Total

Full-time      23      4      0          99

Part-time      17      0      0          72

Total          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.

Table 2. Summary Information Concerning Recess
Appointments by President George W. Bush, January 20, 2001-31-Oct-08

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
31-Oct-08

Nomination timing

  Recess appointments preceded by nomination                        162

  Recess appointments followed by nomination                          3

Nomination disposition as of October 31, 2008 (a)

  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. [section]
5503. For more information, see CRS Report RS21308, Recess
Appointments: Frequently Asked Questions, by Henry B. Hogue.

Table 3. Senate Intersession Recesses, Intrasession Recesses
of Four or More Days, and Numbers of Recess Appointments,
January 20, 2001-October 31, 2008

(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.)

                                    Number of days   Number of recess
Date adjourned   Date reconvened    adjourned (a)     appointments

02/15/2001         02/26/2001            10                 0

04/06/2001         04/23/2001            16                 0

05/26/2001         06/05/2001             9                 0

06/29/2001         07/09/2001             9                 0

08/03/2001         09/04/2001            31                 1

10/18/2001         10/23/2001             4                 0

11/16/2001         11/27/2001            10                 0

The Senate adjourned sine die on 12/20/01. The second       9
session of the 107th Congress convened 01/23/02.
The intersession (period between
these two dates) was 33 days long. (a)

01/29/2002         02/04/2002             5                 0

02/15/2002         02/25/2002             9                 0

03/22/2002         04/08/2002            16                 5

05/23/2002         06/03/2002            10                 0

06/28/2002         07/08/2002             9                 0

08/01/2002         09/03/2002            32                 7

The Senate adjourned sine die on 11/20/02. The first        1
session of the 108th Congress convened on 01/07/03.
The intersession (period
between these two dates) was 47 days long. (a)

02/14/2003         02/24/2003             9                 0

04/11/2003         04/28/2003            16                11

05/23/2003         06/02/2003             9                 0

06/27/2003         07/07/2003             9                 0

08/01/2003         09/02/2003            31                15

10/03/2003         10/14/2003            10                 0

11/25/2003         12/09/2003            13                 0

The Senate adjourned sine die on 12/09/03. The second      13
session of the 108th Congress convened 01/20/04.
The intersession (period between
these two dates) was 41 days long. (a)

02/12/2004         02/23/2004            10                 1

03/12/2004         03/22/2004             9                 0

04/08/2004         04/19/2004            10                 4

05/21/2004         06/01/2004            10                12

06/09/2004         06/14/2004             4                 0

06/25/2004         07/06/2004            10                 4

07/22/2004         09/07/2004            46                20

10/11/2004         11/16/2004            35                 2

11/24/2004         12/07/2004            12                 0

The Senate adjourned sine die on 12/08/04. The first        1
session of the 109th Congress convened on 01/04/05.
The intersession (period
between these two dates) was 26 days long. (a)

01/06/2005         01/20/2005            13                 4

01/26/2005         01/31/2005             4                 0

02/18/2005         02/28/2005             9                 0

03/20/2005         04/04/2005            14                10

04/29/2005         05/09/2005             9                 0

05/26/2005         06/06/2005            10                 0

07/01/2005         07/11/2005             9                 0

07/29/2005         09/01/2005            33                 7

09/01/2005         09/06/2005             4                 0

10/07/2005         10/17/2005             9                 0

11/18/2005         12/12/2005            23                 0

The Senate adjourned sine die on 12/22/05. The second       0
session of the 109th Congress convened on 01/03/06.
The intersession (period
between these two dates) was 11 days long. (a)

01/03/2006         01/18/2006            14                21

02/17/2006         02/27/2006             9                 0

03/16/2006         03/27/2006            10                 0

04/07/2006         04/24/2006            16                 8

05/26/2006         06/05/2006             9                 0

06/29/2006         07/10/2006            10                 0

08/04/2006         09/05/2006            31                 3

09/30/2006         11/09/2006            39                 2

11/16/2006         12/04/2006            17                 0

The Senate adjourned sine die on December 9, 2006. The      6
first session of the 110th Congress convened on January
4, 2007. The intersession
(period between these two dates) was 25 days long. (a)

02/17/2007         02/26/2007             8                  0

03/29/2007         04/10/2007            11                  4

05/25/2007         06/04/2007             9                  0

06/29/2007         07/09/2007             9                  0

08/03/2007         09/04/2007            31                  0

10/05/2007         10/15/2007             9                  0

The Senate adjourned sine die on December 31, 2007.          6
The second 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.

Table 4. Recess Appointments to Full-Time Positions by
President George W. Bush, January 20, 2001-October 31, 2008 (a)
(Intrasession appointments bolded)

                                                             Appointment
Recess appointee           Position                              date

Peter J. Hurtgen       Member (designated                     8/31/2001
                       Chairman), National Labor
                       Relations Board

John Magaw             Under Secretary--Security,              1/7/2002
                       Department of Transportation

Otto J. Reich          Assistant Secretary--Western           1/11/2002
                       Hemisphere Affairs, Department
                       of State

Eugene Scalia          Solicitor, Department of Labor         1/11/2002

Michael J. Bartlett    Member, National Labor                 1/22/2002
                       Relations Board

William B. Cowen       Member, National Labor                 1/22/2002
                       Relations Board

Cynthia A. Glassman    Member, Securities and                 1/22/2002
                       Exchange Commission

Isaac C. Hunt Jr.      Member, Securities and                 1/22/2002
                       Exchange Commission

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        3/29/2002
                       United States, International Joint
                       Commission, United States and Canada

Jeffrey Shane          Associate Deputy Secretary,            3/29/2002
                       Department of 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               8/6/2002
                       Commission

Susanne T. Marshall    Chairman, Merit Systems                 8/6/2002
                       Protection Board

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),     4/22/2003
                       Equal Employment Opportunity
                       Commission

Peter Eide             General Counsel, Federal Labor         4/22/2003
                       Relations Authority

April H. Foley         Board Member, Export-Import Bank       4/22/2003

R. Bruce Matthews      Member, Defense Nuclear Facilities     4/22/2003
        Board          Safety

Neil McPhie            Member (designated Vice Chairman),     4/22/2003
                       Merit Systems Protection Board

Stanley C. Suboleski   Member, Federal Mine Health            4/22/2003
                       and Safety Review Commission

A. Paul Anderson       Commissioner, Federal Maritime         8/22/2003
                       Commission

Charlotte A. Lane      Member, United States International    8/22/2003
                       Trade Commission

Daniel Pearson         Member, United States International    8/22/2003
                       Trade Commission

John P. Woodley Jr.    Assistant Secretary--Civil Works,      8/22/2003
                       Department of the Army

Clark K. Ervin         Inspector General, Department         12/23/2003
                       of Homeland Security

Robert Lerner          Commissioner--Education Statistics,   12/23/2003
                       Department of Education

Ronald E. Meisburg     Member, National Labor                12/23/2003
                       Relations Board

Raymond Simon          Assistant Secretary--Elementary       12/23/2003
                       and Secondary Education,
                       Department of Education

Charles W. Pickering   Judge, U.S. Court of Appeals for       1/16/2004
                       the Fifth Circuit

William H. Pryor       Judge, U.S. Court of Appeals           2/20/2004
                       for the 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        4/16/2004
                       Education

Edward R.              Under Secretary, Department            4/18/2004
McPherson              of Education

Romolo A. Bernardi     Deputy Secretary, Department           5/28/2004
                       of Housing and Urban Development

Charles Johnson        Chief Financial Officer,               5/28/2004
                       Environmental Protection Agency

Ann R. Klee            Assistant Administrator                5/28/2004
                       (General Counsel), Environmental
                       Protection Agency

Cathy M.               Assistant Secretary--Public            5/28/2004
MacFarlane             Affairs, Department of Housing and
                       Urban Development

Dennis C. Shea         Assistant Secretary--Policy            5/28/2004
                       Development and Research,
                       Department of Housing and
                       Urban Development

Deborah A. Spagnoli    Commissioner, U.S. Parole              5/28/2004
                       Commission

Kirk Van Tine          Deputy Secretary, Department of        5/28/2004
                       Transportation

Sue Ellen              Solicitor, Department of the           5/28/2004
                       Interior Wooldridge

Michael D.             Assistant Secretary--Communications     7/2/2004
Gallagher              and Information, Department of
                       Commerce

Theodore W.            Deputy Secretary, Department of         7/2/2004
Kassinger              Commerce

Carin M. Barth         Chief Financial Officer, Department     8/2/2004
                       of Housing and Urban Development

Jonathan W. Dudas      Under Secretary--Intellectual           8/2/2004
                       Property/ Director--U.S. Patent
                       and Trademark Office, Department
                       of Commerce

Albert A. Frink Jr.    Assistant Secretary--Manufacturing      8/2/2004
                       and Services, Department of
                       Commerce

Susan J. Grant         Chief Financial Officer, Department     8/2/2004
                       of 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         8/2/2004
                       for Asia 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             9/1/2004
                       Commission

Ronald Rosenfeld       Director (designated Chairman),       12/14/2004
                       Federal Housing Finance Board

Gregory B. Jaczko      Member, Nuclear Regulatory             1/19/2005
                       Commission

Peter B. Lyons         Member, Nuclear Regulatory             1/19/2005
                       Commission

Michael W. Wynne       Under Secretary--Acquisition,           4/1/2005
                       Technology and Logistics,
                       Department of Defense

John R. Bolton         Representative of the U.S. to           8/1/2005
                       the United Nations

Peter C. W. Flory      Assistant Secretary--International      8/2/2005
                       Security Policy, Department
                       of Defense

Eric S. Edelman        Under Secretary--Policy, Department     8/9/2005
                       of Defense

Alice S. Fisher        Assistant Attorney General--           8/31/2005
                       Criminal Division, Department
                       of Justice

Peter Schaumber        Member, National Labor Relations       8/31/2005
                       Board

Gordon England         Deputy Secretary of Defense             1/4/2006

Tracy A. Henke         Executive Director--Office of State     1/4/2006
                       and Local Government Coordination
                       and Preparedness, Department of
                       Homeland Security

Peter N. Kirsanow      Member, National Labor Relations        1/4/2006
                       Board

Robert D. Lenhard      Member, Federal Election Commission     1/4/2006

Ronald E. Meisburg     General Counsel, National Labor         1/4/2006
                       Relations 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          1/4/2006
                       Director of 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             1/4/2006
                       Affairs, 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        1/9/2006
                       Dakota

C. Boyden Gray         Ambassador, European Union             1/17/2006

Dennis P. Walsh        Member, National Labor Relations       1/17/2006
                       Board

Bertha K. Madras       Deputy Director--Demand Reduction,     4/19/2006
                       Office of National Drug Control
                       Policy

James F. X. O'Gara     Deputy Director--Supply                4/19/2006
                       Reduction, Office of National
                       Drug Control Policy

Paul DeCamp            Administrator--Wage and Hour           8/31/2006
                       Division, Department of Labor

Michael F. Duffy       Member (designated Chairman),          8/31/2006
                       Federal Mine Safety and Health
                       Review Commission

Daniel Meron           General Counsel, Department of         8/31/2006
                       Health and Human Services

Richard E. Stickler    Assistant Secretary--Mine Safety      10/19/2006
                       and Health Administration,
                       Department of Labor

John R. Steer          Member (designated Vice Chair),       12/12/2006
                       United States Sentencing
                       Commission

Wayne C. Beyer         Member, Federal Labor Relations       12/20/2006
                       Authority

Andrew G. Biggs        Deputy Commissioner, Social Security    4/4/2007
                       Administration

Susan E. Dudley        Administrator - Office of               4/4/2007
                       Information and Regulatory Affairs,
                       Office of Management and Budget

Sam Fox                Ambassador, Belgium                     4/4/2007

Carol W. Pope          Member, Federal Labor Relations         4/4/2007
                       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).

Table 5. Recess Appointments to Part-Time Positions by
President George W. Bush, January 20, 2001-October 31, 2008 (a)
(Intrasession appointments bolded)

                                                             Appointment
Recess appointee            Position                            date

Albert Casey           Governor, United States Postal        08/06/2002
                       Service

Thomas C. Dorr         Board Member, Commodity Credit          8/6/2002
                       Corporation

Cheryl F. Halpern      Board Member, Corporation for           8/6/2002
                       Public Broadcasting

Lillian R. BeVier      Board Member, Legal Services           4/22/2003
                       Corporation

Thomas A. Fuentes      Board Member, Legal Services           4/22/2003
                       Corporation

James C. Miller III    Governor, United States Postal         4/22/2003
                       Service

William A. Schambra    Board Member, Corporation for          4/22/2003
                       National and Community Service

Donna N. Williams      Board Member, Corporation for          4/22/2003
                       National and Community Service

Ephraim Batambuze      Board Member, African Development      8/22/2003
        Foundation

David W. Fleming       Member (public)--Board of              8/22/2003
                       Trustees, James Madison Memorial
                       Fellowship Foundation

Jose A. Fourquet       Board Member, Inter-American           8/22/2003
                       Foundation

Adolfo A. Franco       Board Member (government               8/22/2003
                       representative), Inter-American
                       Foundation

Jay P. Greene          Member (academic)--Board of            8/22/2003
                       Trustees, 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               8/22/2003
                       representative), Inter-American
                       Foundation

John R. Petrocik       Member (academic)--Board of            8/22/2003
                       Trustees, James Madison Memorial
                       Fellowship Foundation

Daniel Pipes           Board Member, United States            8/22/2003
                       Institute of Peace

Juanita A. Vasquez-    Member--Board of Trustees, Harry S.    8/22/2003
Gardner                Truman Scholarship Foundation

Bradley D. Belt        Member, Social Security Advisory      12/23/2003
                       Board

Cynthia Boich          Board Member, Corporation for         12/23/2003
                       National and Community Service

Albert Casey           Governor, United States Postal        12/23/2003
                       Service

Gay Hart Gaines        Board Member, Corporation for         12/23/2003
                       Public Broadcasting

Dorothy A. Johnson     Board Member, Corporation for         12/23/2003
                       National and Community Service

Henry Lozano           Board Member, Corporation for         12/23/2003
                       National and Community Service

Claudia Puig           Board Member, Corporation for         12/23/2003
                       Public Broadcasting

Fayza V. B. Rodman     Member, Broadcasting Board of         12/23/2003
                       Governors

Edward Brehm           Board Member (designated               5/28/2004
                       Chairperson), African Development
                       Foundation

Adam M. Lindemann      Member, Advisory Board for Cuba        5/28/2004
                       Broadcasting

Kiron K. Skinner       Member, National Security Education    5/28/2004
                       Board

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           7/2/2004
                       Lawrence Seaway Development
                       Corporation

Nadine Hogan           Board Member (designated Vice           8/2/2004
                       Chairman [private representative]),
                       Inter-American Foundation

Paul Jones             Member, Internal Revenue Service        8/2/2004
                       Oversight Board

Enrique J. Sosa        Member, Reform Board (Amtrak)           8/2/2004

Jack Vaughn            Board Member (private                   8/2/2004
                       representative), Inter-American
                       Foundation
Richard K. Wagner      Member--Advisory Board, National        8/2/2004
                       Institute for Literacy

Scott K. Walker        Member--Advisory Board, Saint           8/2/2004
                       Lawrence 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         11/3/2004
                       Service

Louis J. Giuliano      Governor, United States Postal         11/3/2004
                       Service

Adolfo A. Franco       Board Member (government               1/19/2005
                       representative), Inter-American
                       Foundation

Roger F. Noriega       Board Member (government               1/19/2005
                       representative), 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

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),           4/1/2005
                       Defense 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       8/1/2005
                       United Nations Security Council

John R. Bolton         Representative of the U.S. to           8/1/2005
                       Sessions of the United
                       Nations General Assembly

Stephen Goldsmith      Board Member, Corporation for           1/4/2006
                       National and Community Service

Floyd Hall             Member, Reform Board (Amtrak)           1/4/2006

Nadine Hogan           Board Member (designated Vice           1/4/2006
                       Chairman [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]),
                       Foundation
                       Inter-American

John Gardner           Governor, United States Postal          1/6/2006
                       Service

John L. Palmer         Member, Board of Trustees of the       4/19/2006
                       Federal Old-Age and Survivors
                       Insurance Trust Fund and the
                       Federal Disability Trust Fund

John L. Palmer         Member, Board of Trustees of the       4/19/2006
                       Federal 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       4/19/2006
                       Federal Old-Age and Survivors
                       Insurance Trust Fund and the
                       Federal Disability Trust Fund

Thomas R. Saving       Member, Board of Trustees of the       4/19/2006
                       Federal Hospital Insurance Trust
                       Fund

Thomas R. Saving       Member, Board of Trustees of the       4/19/2006
                       Supplementary Medical Insurance
                       Trust Fund

Jeffrey R. Brown       Member, Social Security Advisory      10/19/2006
                       Board

Dabney L. Friedrich    Member, United States Sentencing      12/12/2006
                       Commission

Beryl A. Howell        Member, United States Sentencing      12/12/2006
                       Commission

Warren Bell            Board Member, Corporation for         12/20/2006
                       Public Broadcasting

Mark McKinnon          Member, Board of Broadcasting         12/20/2006
                       Governors

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).
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Title Annotation:CRS Report for Congress
Author:Hogue, Henry B.; Bearden, Maureen
Publication:Congressional Research Service (CRS) Reports and Issue Briefs
Date:Nov 1, 2008
Words:6552
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