Recess Appointments Made by President George W. Bush

President George W. Bush had made 171 recess appointments. President Bill 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). 13 intrasession appointments were made during the 107th Congress, 62 intrasession appointments were made during the 108th Congress, 50 were made during the 109th Congress and during the 110th Congress Bush made 4 intrasession appointments.

As of June 4, 2013, President Barack Obama had made 32 recess appointments.

In 1993, a brief submitted by the Department of Justice in the case Mackie v. Clinton implied that the President may make a recess.

During the first few months of the 112th Congress, the House and Senate passed concurrent resolutions of adjournment prior to periods of absence of more than three days. Throughout this period, the Senate did not use the pro forma session practice during the resulting recesses.

During the middle of the first session of the 112th Congress, a new related practice appeared to emerge. On May 25, 2011, in a letter to Speaker of the House John Boehner, 20 Republican Senators urged him “to refuse to pass any resolution to allow the Senate to recess or adjourn for more than three days for the remainder of the president’s term.” The letter stated that “President Obama has used recess appointments to fill powerful positions with individuals whose views are so outside the mainstream that they cannot be confirmed by the Senate of the United States,” and it referred to the Senate practices of 2007 as “a successful attempt to thwart President Bush’s recess appointment powers.” The request of the Senators appeared similarly intended to block President Obama from using the recess appointment power.

In a June 15, 2011, letter to the Speaker of the House, the House majority leader, and the House majority whip, 78 Representatives requested that “all appropriate measures be taken to prevent any and all recess appointments by preventing the Senate from officially recessing for the remainder of the 112th Congress.”

During the 107th Congress
After the Senate convened for its first regular session on January 20, 2001 President Bush made a total of 23 recess appointments during the 107th Congress. 13 of which were Intrasession appointments.

Intrasession appointment
During an intrasession recess that began on August 3, 2001 and ended on September 4, 2001 made one 1 recess appointment:

August 31, 2001

 * Peter J. Hurtgen making the Chairman of the National Labor Relations Board.

Intersession appointments
During the sine die adjournment of the Senate on December 20, 2001 and before the 107th Congress reconvened to begin its second regular session, Bush made 7 recess appointments:

January 7, 2002

 * John Magaw, appointed Under Secretary of Security in the Department of Transportation

January 11, 2002

 * Otto J. Reich, appointed Assistant Secretary for Western Hemisphere Affairs in the State Department on
 * Eugene Scalia, appointed solicitor for the Department of Labor

January 22, 2002

 * Michael J. Bartlett, appointed as a member to the National Labor Relations Board
 * William B. Cowen, appointed as a member to the National Labor Relations Board
 * Cynthia A. Glassman, appointed as a member to the Securities and Exchange Commission (SEC)
 * Isaac C. Hunt Jr., appointed as a member to the Securities and Exchange Commission
 * JoAnn Johnson, was appointed as a board member to the National Credit Union Administration
 * Deborah Matz, was appointed as a board member to the National Credit Union Administration

Intrasession appointments
After the 107th Congress reconvened for its second regular session on January 23, 2002 and during an intrasession recess that began on March 22, 2002 and ended on April 8, 2002 Bush made 5 recess appointments:

March 29, 2002

 * Emil H. Frankel, appointed Assistant Secretary for Transportation Policy in the Department of Transportation
 * Gerald Reynolds, appointed Assistant Secretary for Civil Rights in the Department of Education
 * Dennis L. Schornack, appointed Commissioner on the Part of the United States, International Joint Commission, United States and Canada
 * Jeffrey Shane, appointed Associate Deputy Secretary in the Department of Transportation
 * Michael E. Toner, appointed as member of the Federal Election Commission (FEC)

During an intrasession recess that began on August 1, 2002 and ended on September 3, 2002 Bush made 7 recess appointments:

August 6, 2002

 * Thomas C. Dorr, appointed Under Secretary for Rural Development in the Department of Agriculture
 * Tony Hammond, appointed Commissioner on the Postal Rate Commission
 * Susanne T. Marshall, appointed as Chairman on the Merit Systems Protection Board
 * W. Scott Railton, appointed as Chariman on the Occupational Safety and Health Review Commission (OSHA)


 * Albert Casey, appointed Governor of the United States Postal Service — Part-time position
 * Thomas C. Dorr, appointed as a Board Member of the Commodity Credit Corporation — Part-time position
 * Cheryl F. Halpern, appointed as a Board Member of the Corporation for Public Broadcasting — Part-time position

Intersession appointment
After the sine die adjournment of the Senate on November 20, 2002 and before the 108th Congress began, Bush ￼made 1 recess appointment:

December 6, 2002

 * Ellen L. Weintraub making a member on the Federal Election Commission

Intrasession appointments
After the first regular session of the 108th Congress began on January 7, 2003 and during an intrasession recess that began on April 11, 2003 and ended on April 28, 2003 Bush made 16 recess appointments:

April 22, 2003

 * Lillian R. BeVier Board Member, Legal Services Corporation
 * Thomas A. Fuentes Board Member, Legal Services Corporation
 * ￼James C. Miller III Governor, United States Postal Service
 * William A. Schambra Board Member, Corporation for National and Community Service
 * Donna N. Williams Board Member, Corporation for National and Community Service
 * Naomi C. Earp Member (designated Vice Chairman), Equal Employment Opportunity Commission
 * Peter Eide General Counsel, Federal Labor Relations Authority
 * April H. Foley Board Member, Export-Import Bank￼
 * R. Bruce Matthews Member, Defense Nuclear Facilities Safety Board
 * Neil McPhie Member (designated Vice Chairman), Merit Systems Protection Board
 * Stanley C. Suboleski Member, Federal Mine Health and Safety Review Commission


 * Lillian R. BeVier Board Member, Legal Services Corporation — Part-time position
 * ￼Thomas A. Fuentes Board Member, Legal Services Corporation — Part-time position
 * ￼James C. Miller III Governor, United States Postal Service — Part-time position
 * William A. Schambra Board Member, Corporation for National and Community Service — Part-time position
 * ￼Donna N. Williams Board Member, Corporation for National and Community Service — Part-time position

During an intrasession recess that began on August 1, 2003 and ended on September 2, 2003 Bush made 15 recess appointments:

August 22, 2003

 * ￼A. Paul Anderson Commissioner, Federal Maritime Commission
 * ￼Charlotte A. Lane Member, United States International Trade Commission
 * ￼Daniel Pearson Member, United States International Trade Commission
 * ￼John P. Woodley Jr. Assistant Secretary — Civil Works, Department of the Army


 * Ephraim Batambuze Board Member, African Development Foundation — Part-time position
 * David W. Fleming Member (public) — Board of Trustees, James Madison Memorial Fellowship Foundation — Part-time position
 * ￼Jose A. Fourquet Board Member, Inter-American Foundation — Part-time position
 * Adolfo A. Franco Board Member (government representative), Inter-American Foundation — Part-time position
 * Jay P. Greene Member (academic) — Board of Trustees, James Madison Memorial Fellowship Foundation — Part-time position
 * ￼Walter H. Kansteiner Board Member, African Development Foundation — Part-time position
 * ￼Patrick L. McCrory Member — Board of Trustees, Harry S. Truman Scholarship Foundation — Part-time position
 * Roger F. Noriega Board Member (government representative), Inter-American Foundation — Part-time position
 * John R. Petrocik Member (academic) — Board of Trustees, James Madison Memorial Fellowship Foundation — Part-time position
 * ￼Daniel Pipes Board Member, United States Institute of Peace — Part-time position
 * Juanita A. Vasquez- Gardner Member — Board of Trustees, Harry S. Truman Scholarship Foundation — Part-time position

Intersession appointments
During the sine die adjournment of the Senate which began on December 9, 2003 and before the 108th Congress reconvened to begin its second regular session, Bush made 13 recess appointments:

December 23, 2003

 * Clark K. Ervin Inspector General, Department of Homeland Security
 * Robert Lerner Commissioner — Education Statistics, Department of Education
 * Ronald E. Meisburg Member, National Labor Relations Board
 * Raymond Simon Assistant Secretary — Elementary and Secondary Education, Department of Education


 * Bradley D. Belt Member, Social Security Advisory Board — Part-time position
 * Cynthia Boich Board Member, Corporation for National and Community Service — Part-time position
 * ￼Albert Casey Governor, United States Postal Service — Part-time position
 * Gay Hart Gaines Board Member, Corporation for Public Broadcasting — Part-time position
 * ￼Dorothy A. Johnson Board Member, Corporation for National and Community Service — Part-time position
 * Henry Lozano Board Member, Corporation for National and Community Service — Part-time position
 * Claudia Puig Board Member, Corporation for Public Broadcasting — Part-time position
 * Fayza V. B. Rodman Member, Broadcasting Board of Governors — Part-time position

January 16, 2004

 * Charles W. Pickering Judge, U.S. Court of Appeals for the Fifth Circuit

Intrasession appointments
After the 108th Congress reconvened for its second regular session on January 20, 2005 and during an intrasession recess that began on February 12, 2004 and ended on February 23, 2004 Bush made 1 recess appointment:

February 20, 2004

 * William H. Pryor Judge, U.S. Court of Appeals for the Eleventh Circuit

During an intrasession recess that began on April 8, 2004 and ended on April 19, 2004 Bush made 4 recess appointments:

￼April 16, 2004

 * Linda M. Combs Assistant Secretary — Budget and Programs, Department of Transportation
 * Linda M. Conlin Board Member, Export-Import Bank
 * Eugene Hickok Deputy Secretary, Department of Education

￼April 18, 2004

 * Edward R. McPherson Under Secretary, Department of Education

During an intrasession recess that began on May 21, 2004 and ended on June 1, 2004 Bush made 12 recess appointments:


 * Romolo A. Bernardi Deputy Secretary, Department of Housing and Urban Development
 * Charles Johnson Chief Financial Officer, Environmental Protection Agency￼
 * Ann R. Klee Assistant Administrator (General Counsel), Environmental Protection Agency
 * Cathy M. MacFarlane Assistant Secretary — Public Affairs, Department of Housing and Urban Development
 * Dennis C. Shea Assistant Secretary — Policy Development and Research, Department of Housing and Urban Development
 * Deborah A. Spagnoli Commissioner, U.S. Parole Commission
 * Kirk Van Tine Deputy Secretary, Department of Transportation
 * Sue Ellen Wooldridge Solicitor, Department of the Interior


 * Edward Brehm Board Member (designated Chairperson), African Development Foundation — Part-time position
 * ￼Adam M. Lindemann Member, Advisory Board for Cuba Broadcasting — Part-time position
 * ￼Kiron K. Skinner Member, National Security Education Board — Part-time position
 * Juanita A. Vasquez- Gardner Member — Board of Trustees, Harry S. Truman Scholarship Foundation — Part-time position

During an intrasession recess that began on June 25, 2004 and ended on July 6, 2004 Bush made 4 recess appointments:

July 2, 2004

 * Michael D. Gallagher Assistant Secretary — Communications and Information, Department of Commerce
 * Theodore W. Kassinger Deputy Secretary, Department of Commerce


 * ￼Floyd Hall Member, Reform Board (Amtrak) — Part-time position
 * Jack E. McGregor Member — Advisory Board, Saint Lawrence Seaway Development Corporation — Part-time position

During an intrasession recess that began on July 22, 2004 and ended on September 7, 2004 Bush made 20 recess appointments:

August 2, 2004

 * Carin M. Barth Chief Financial Officer, Department of Housing and Urban Development
 * Jonathan W. Dudas Under Secretary — Intellectual Property/ Director — U.S. Patent and Trademark Office, Department of Commerce
 * Albert A. Frink Jr. Assistant Secretary — Manufacturing and Services, Department of Commerce
 * Susan J. Grant Chief Financial Officer, Department of Energy
 * Ricardo H. Hinojosa Chairman, United States Sentencing Commission
 * Stephen L. Johnson Deputy Administrator, Environmental Protection Agency
 * James R. Kunder Assistant Administrator — Bureau for Asia and the Near East, U.S. Agency for International Development
 * John D. Rood Ambassador, Commonwealth of the Bahamas
 * Charles G. Untermeyer Ambassador, State of Qatar
 * Gary L. Visscher Member, Chemical Safety and Hazard Investigation Board
 * Aldona Wos Ambassador, Republic of Estonia
 * Deborah P. Majoras Commissioner (designated Chairman), Federal Trade Commission


 * Nadine Hogan Board Member (designated Vice Chairman [private representative]), Inter-American Foundation — Part-time position
 * ￼Paul Jones Member, Internal Revenue Service Oversight Board — Part-time position
 * Enrique J. Sosa Member, Reform Board (Amtrak) — Part-time position
 * Jack Vaughn Board Member (private representative), Inter-American Foundation — Part-time position
 * Richard K. Wagner Member — Advisory Board, National Institute for Literacy — Part-time position
 * Scott K. Walker Member — Advisory Board, Saint Lawrence Seaway Development Corporation — Part-time position
 * Roger W. Wallace Board Member, (designated Chairman [private representative]), Inter-American Foundation — Part-time position

September 1, 2004

 * Jon D. Leibowitz Commissioner, Federal Trade Commission

During an intrasession recess that began on October 11, 2004 and ended on November 16, 2004 Bush made 2 recess appointments:

November 3, 2004

 * Carolyn L. Gallagher Governor, United States Postal Service
 * Louis J. Giuliano Governor, United States Postal Service

Intersession appointment
After the sine die adjournment of the Senate on December 8, 2004 and before the 109th Congress began, Bush ￼made 1 recess appointment:

December 14, 2004

 * Ronald Rosenfeld Director (designated Chairman), Federal Housing Finance Board

Intrasession appointments
After the 109th Congress convened for its first regular session on January 4, 2005 and during an intrasession recess that began on January 6, 2005 and ended on January 20, 2005 Bush made 4 recess appointments, appointing:

January 19, 2005

 * Gregory B. Jaczko Member, Nuclear Regulatory Commission
 * Peter B. Lyons Member, Nuclear Regulatory Commission
 * Michael W. Wynne Under Secretary — Acquisition, Technology and Logistics, Department of Defense

During an intrasession recess that began on March 3, 2005 and ended on April 4, 2005 Bush made 10 recess appointments:

April 1, 2005

 * Michael W. Wynne Under Secretary — Acquisition, Technology and Logistics, Department of Defense
 * James H. Bilbray Member, Defense Base Closure and Realignment Commission — Part-time position
 * ￼Philip Coyle Member, Defense Base Closure and Realignment Commission — Part-time position
 * Harold W. Gehman Jr. Member, Defense Base Closure and Realignment Commission — Part-time position
 * ￼James V. Hansen Member, Defense Base Closure and Realignment Commission — Part-time position
 * James T. Hill Member, Defense Base Closure and Realignment Commission — Part-time position
 * Lloyd W. Newton Member, Defense Base Closure and Realignment Commission — Part-time position
 * Anthony J. Principi Member (designated Chairman), Defense Base Closure and Realignment Commission — Part-time position
 * ￼Samuel K. Skinner Member, Defense Base Closure and Realignment Commission — Part-time position
 * Sue Ellen Turner Member, Defense Base Closure and Realignment Commission — Part-time position

During an intrasession recess that began on July 29, 2005 and ended on September 1, 2005 Bush made 7 recess appointments:

August 1, 2005

 * John R. Bolton Representative of the U.S. to the United Nations
 * ￼— Representative of the U.S. in the United Nations Security Council — Part-time position
 * — Representative of the U.S. to Sessions of the United Nations General Assembly — Part-time position

August 2, 2005

 * ￼￼￼Peter C. W. Flory Assistant Secretary — International Security Policy, Department of Defense

August 9, 2005

 * Eric S. Edelman ￼￼Under Secretary — Policy, Department of Defense

August 31, 2005

 * ￼￼￼Alice S. Fisher Assistant Attorney General — Criminal Division, Department of Justice
 * ￼￼￼Peter Schaumber ￼Member, National Labor Relations Board

After the 109th Congress reconvened for its second regular session on January 3, 2006 and during an intrasession recess that began immediately on January 3, 2006 and ended on January 18, 2006 Bush made 21 recess appointments:

January 4, 2006

 * ￼￼￼Gordon England ￼￼Deputy Secretary of Defense
 * Tracy A. Henke Executive Director — Office of State and Local Government Coordination and Preparedness, Department of Homeland Security
 * ￼￼Peter N. Kirsanow ￼￼Member, National Labor Relations Board
 * Robert D. Lenhard ￼Member, Federal Election Commission
 * ￼￼￼Ronald E. Meisburg ￼General Counsel, National Labor Relations Board
 * ￼￼￼Julie L. Myers Assistant Secretary — Bureau of Immigration and Customs Enforcement, Department of Homeland Security
 * Benjamin A. Powell ￼￼General Counsel, Office of the Director of National Intelligence
 * ￼￼￼Arthur F. Rosenfeld ￼Director, Federal Mediation and Conciliation Service
 * Ellen R. Sauerbrey Assistant Secretary — Population, Refugees, and Migration, Department of State
 * ￼￼Dorrance Smith ￼Assistant Secretary — Public Affairs, Department of Defense
 * Hans von Spakovsky ￼Member, Federal Election Commission
 * ￼￼Steven T. Walther ￼Member, Federal Election Commission


 * Stephen Goldsmith Board Member, Corporation for National and Community Service — Part-time position
 * Floyd Hall Member, Reform Board (Amtrak)
 * Nadine Hogan Board Member (designated Vice Chairman [private representative]), Inter-American Foundation — Part-time position
 * ￼Enrique J. Sosa Member, Reform Board (Amtrak) — Part-time position
 * Roger W. Wallace Board Member (designated Chairman [private representative]), Inter-American Foundation — Part-time position

January 6, 2006

 * John Gardner Governor, United States Postal Service — Part-time position

January 9, 2006

 * Steven K. Mullins ￼￼U.S. Attorney, District of South Dakota

January 17, 2006

 * ￼￼￼C. Boyden Gray Ambassador, European Union
 * ￼￼Dennis P. Walsh ￼￼Member, National Labor Relations Board

During an intrasession recess that began on April 7, 2006 and ended on April 24, 2006 Bush made 8 recess appointments:

April 19, 2006

 * Bertha K. Madras Deputy Director — Demand Reduction, Office of National Drug Control Policy
 * James F. X. O’Gara ￼￼Deputy Director — Supply Reduction, Office of National Drug Control Policy


 * John L. Palmer Member, Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Trust Fund — Part-time position
 * — Member, Board of Trustees of the Federal Hospital Insurance Trust Fund — Part-time position
 * — Member, Board of Trustees of the Supplementary Medical Insurance Trust Fund — Part-time position


 * Thomas R. Saving Member, Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Trust Fund — Part-time position
 * — Member, Board of Trustees of the Federal Hospital Insurance Trust Fund — Part-time position
 * — ￼Member, Board of Trustees of the Supplementary Medical Insurance Trust Fund — Part-time position

During an intrasession recess that began on August 4, 2006 and ended on September 5, 2006 Bush made 3 recess appointments:

August 31, 2006
￼￼
 * ￼￼￼Paul DeCamp ￼Administrator — Wage and Hour Division, Department of Labor
 * Michael F. Duffy Member (designated Chairman), Federal Mine Safety and Health Review Commission
 * ￼￼Daniel Meron ￼General Counsel, Department of Health and Human Services

During an intrasession recess that began on September 30, 2006 and ended on November 9, 2006 Bush made 2 recess appointments:

October 19, 2006

 * Richard E. Stickler Assistant Secretary - Mine Safety and Health Administration, Department of Labor


 * ￼Jeffrey R. Brown Member, Social Security Advisory Board — Part-time position

Intersession appointment
After the sine die adjournment of the Senate on December 9, 2006 and before the 110th Congress began, Bush ￼made 6 recess appointment:

December 12, 2006

 * John R. Steer Member (designated Vice Chair), United States Sentencing Commission


 * Dabney L. Friedrich Member, United States Sentencing Commission — Part-time position
 * Beryl A. Howell Member, United States Sentencing Commission — Part-time position

December 20, 2006

 * Wayne C. Beyer Member, Federal Labor Relations Authority


 * Warren Bell Board Member, Corporation for Public Broadcasting — Part-time position
 * Mark McKinnon Member, Board of Broadcasting Governors — Part-time position

During the 110th Congress
After the 110th Congress convened for its first regular session on January 4, 2007 and during an intrasession recess that began on March 29, 2007 and ended on April 10, 2007 Bush made 4 recess appointments, appointing:

April 4, 2007

 * Andrew G. Biggs Deputy Commissioner, Social Security Administration
 * Susan E. Dudley Administrator - Office of Information and Regulatory Affairs, Office of Management and Budget
 * Sam Fox Ambassador, Belgium
 * Carol W. Pope Member, Federal Labor Relations Authority

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