Fact Sheet: Senate Must Act on Nominations to Federal Courts and Agencies

President Bush Calls On The Senate To Give A Prompt Vote To More Than 180 Highly-Qualified Nominees Now Awaiting Confirmation

Today, President Bush called on the Senate to fulfill its Constitutional duty to give pending nominations a prompt vote and ensure Federal courts and agencies have the personnel they need to best serve the American people. There are more than 180 highly-qualified nominees awaiting a fair vote in the Senate. Of these nominees, 30 have been waiting more than a year for a Senate vote, about half have been waiting 100 days or longer, and nine nominees have been waiting more than two years. The Senate's continued delay in confirming these nominees means good people are becoming increasingly discouraged from entering into public service.

• The Senate Judiciary Committee currently has 28 pending nominations for Federal judgeships before it. On February 21, the Committee will hold its first hearing for a circuit court nominee since September of last year. Four district court nominees are scheduled for a hearing on February 12. No judicial nominees are pending before the full Senate.
  
  
  
• Approximately 160 non-judicial nominees continue to wait for the chance to serve our Nation. The nominations before the Senate are for vital positions affecting issues from the economy, to public safety, to national security. Some of these important agencies are unable to function until a nominee is confirmed. Even after the tragedies at the Sago Mine in West Virginia and Crandall Canyon in Utah, the Federal Mine Safety and Health Review Commission cannot decide cases because it has more vacancies than members.

The Senate Must Act Now To Fill Critical Seats On Our Nation's Courts

The Senate continues to refuse taking simple up-or-down votes on President Bush's 28 nominees for Federal judgeships. Many of America's courts are understaffed and overworked by too many vacancies while the Senate stands in the way of outstanding candidates who could relieve some of the burden. Eleven of the President's judicial nominees stand ready to take posts that have been declared judicial emergencies, yet the Senate has refused to give them an up-or-down vote.

• The President has nominated 10 men and women to the U.S. Courts of Appeals to fill the vacancies in six circuits serving 19 States, two territories, and Washington, D.C., but all of these nominees are stalled in the Senate.
  • Three circuit court nominees were first nominated in June 2006 and have been waiting for a fair up-or-down vote in the Senate ever since.
  • Six of the 10 circuit court nominees have been waiting more than six months for a vote by the full Senate.
  • The President has nominated three qualified individuals to serve in the 4th Circuit Court, where one-third of the judgeships are vacant. The Senate must move immediately to confirm judges to these unacceptable vacancies.

• The President has 18 nominees waiting for a Senate vote to serve U.S. district courts in 14 States.
  • Two candidates were nominated over a year ago to vacancies declared judicial emergencies, but have yet to receive a hearing.
  • Fifteen of the nominees for district judges have been pending before the Judiciary Committee for over 75 days.

The Senate Also Must Confirm Nominees Who Will Help Protect America's National Security

The Senate has not voted on seven nominations for senior leadership positions at the Department of Justice (DOJ) that remain vacant. DOJ helps protect the public from the threat of terrorism and ensures the fair and partial administration of justice for all Americans, and the Senate has a responsibility to confirm the leaders charged with these tasks.

The Senate Must Act To Ensure Our Government Has The People It Needs To Address Economic Uncertainties

The President now lacks two of the three top economists that serve as members of his Council of Economic Advisers. Senate leaders have pledged to do all that they can to ensure the Government takes action on the economy, yet they refuse to confirm the very people waiting to advise the President on the best ways to keep our economy growing. After nearly six months of awaiting a confirmation hearing, Dennis Carlton withdrew his name from consideration in the Senate. Donald Marron, who was nominated last summer, is still awaiting confirmation after more than seven months.

Three of the seven members of the Federal Reserve Board of Governors have been awaiting Senate confirmation since May 2007. The Federal Reserve Board was established by Congress to ensure our country has a safe and stable financial system, yet in this time of economic uncertainty the Senate is standing in the way of respected experts who could help guide the Federal Reserve's critical decisions.

The Senate Must Act To Provide Our Government With The People It Needs To Ensure Public Safety And Health

Because of Senate delays, the Federal Aviation Administration (FAA) has operated for more than three months without a confirmed director. The President appreciates the Senate Commerce Committee scheduling a hearing for nominee Bobby Sturgell in February, but it remains important that he and other nominees receive a swift up-or-down vote, rather than waiting for months after their hearing. Given the crucial role the FAA plays in ensuring the safety of the flying public, and at a time when air traffic congestion is a serious concern and Americans are experiencing record delays, it is irresponsible for the Senate to prevent a proven leader from taking on this public safety responsibility.

The Federal Mine Safety and Health Review Commission cannot decide cases because it currently has more vacancies than members. President Bush has nominated qualified people to fill all three vacant spots on the Commission, yet two of his nominees have been waiting more than a year for a Senate hearing. These nominees need to be confirmed to enable the Mine Safety Commission to decide cases and penalize mines that commit safety violations.

To ensure that the U.S. has the safest transportation system in the world, the Senate needs to take action to confirm leadership for the National Transportation Safety Board (NTSB). The NTSB is the lead investigator of any significant transportation accidents, such as the Minnesota bridge collapse. The President nominated two candidates for this Board last October, but the Senate has yet to give them an up-or-down vote.

The Senate has failed to vote on nominations to the Chemical Safety and Hazard Investigation Board, leaving this five-member board with only three people in place. President Bush nominated two individuals to serve on this board more than six months ago. This independent Federal agency is responsible for investigation of industrial chemical accidents, and continual vacancies on the Board will inhibit its ability to respond effectively to crises as they arise.

Six nominees – comprising a substantial portion of the agency's leadership – are now awaiting confirmation for positions at the Department of Health and Human Services. These positions oversee important programs that provide health care and social services to our children and seniors and protect the Nation's public health. Millions of Americans rely on these programs every day, and the Senate has a responsibility to take action and give them an up-or-down vote.

Nearly 200 Nominees Are Still Waiting For Senate Confirmation

ADELSTEIN, Jonathan Steven Member of the Federal Communications Commission

ALMOND, Lincoln D. United States District Judge for the District of Rhode Island

AMERI, Goli Assistant Secretary of State

ANDERSON, A. Paul Federal Maritime Commissioner

ANDERSON, Stanley Thomas United States District Judge for the Western District of Tennessee

ANWAR, Javaid Member of the Board of Trustees of the Harry S. TrumanScholarship Foundation

BAGLEY, Elizabeth F. Member of the US Advisory Commission on Public Diplomacy

BARON, Jonathan Member of the Board of Directors of the National Board of Education Sciences

BATTISTA, Robert J. Member of the National Labor Relations Board

BECK, Thomas M. Member of the Federal Labor Relations Authority

BECKER, Grace C. Assistant Attorney General for Civil Rights

BELL, Warren Member of the Board of Directors of the Corporation for Public Broadcasting

BERNICAT, Marcia Stephens Bloom Ambassador to the Republic of Senegal

BLAIR, Anita K. Assistant Secretary of the Navy

BLAND, Julia W. Member of the National Museum and Library Services Board

BLAYA, Joaquin F. Member of Broadcasting Board of Governors

BRADBURY, Steven G. Assistant Attorney General for Legal Counsel

BRENNAN, William J. Assistant Secretary of Commerce for Oceans and Atmosphere

BRESLAND, John S. Chairperson and Member of the Chemical Safety and Hazard Investigation Board

CALLAHAN, Robert J. Ambassador to the Republic of Nicaragua

CARPER, Thomas C. Member of the Reform Board (Amtrak)

CELLUCCI, Jan Member of the National Museum and Library Services Board

CHEALANDER, Steven Member of the National Transportation Safety Board

CHOKSY, Jamsheed K. Member of the National Council on the Humanities

CIANCHETTE, Peter E. Member of the Internal Revenue Service Oversight Board

CLARKE, Victoria Member of the United States Advisory Commission on Public Diplomacy

COHEN, Robert F., Jr. Member of the Federal Mine Safety and Health Review Commission

COLDEBELLA, Gus P. General Counsel, Department of Homeland Security

CONRAD, Robert J., Jr. United States Circuit Judge for the Fourth Circuit

COOK, Clyde R.Jr. United States Marshal for the Eastern District of North Carolina

COOK, Elisebeth C. Assistant Attorney General for Legal Policy

COPELAND, J. Gregory General Counsel of the Department of Energy

CRETZ, Gene Allan Ambassador to Libya

DALTON, Carol A. Associate Judgeof the Superior Court of the District of Colombia

DAVIS, Mark S. UnitedStates District Judge for the Eastern District of Virginia

DELBANCO, Dawn Ho Member of the National Council on the Humanities

DOUGLASS, Madonna Cynthia Member of the Occupational Safety and Health Review Commission

DUDLEY, Susan E. Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget

DUFFY, Michael F. Member of the Federal Mine Safety and Health Review Commission

DUGAS, David R. United States District Judge for the Middle District of Louisiana

DUKE, Elizabeth A. Member of the Board of Governors of the Federal Reserve System

DUMMERMUTH, Matt Michael United States Attorney for the Northern District of Iowa

EPSTEIN, Anthony C. Associate Judge of the Superior Court of the District of Columbia

FARR, Thomas Alvin US District Judge for the Eastern District of North Carolina

FILIP, Mark R. Deputy Attorney General

FORD, Nelson M. Under Secretary of the Army

FRYZEL, Michael Member of the National Credit Union Administration Board

GARCIA, Joxel Representative of the United States on the Executive Board of the World Health OrganizationandAssistant Secretary of Health and Human Services

GARGANO, Charles A. Ambassador to the Republic of Austria

GHAFARI, Yousif Boutrous Ambassador to the Republic of Slovenia

GILLILAND, Thomas C. Member of the Board of Directors of the Tennessee Valley Authority

GLASSMAN, James K. Under Secretary of State for Public Diplomacy

GLENN, Gary D. Member of the National Council on the Humanities

GRAVES, William H. Member of the Board of Directors of the Tennessee Valley Authority

GRAY, C.Boyden Representative of the U.S. to the European Union

GREGORY, Rebecca A. United States Attorney for the Eastern District of Texas

GRIECO, Jeffrey J. Assistant Administrator of the United States Agency for International Development

GROS, Simon Charles Assistant Secretary of Transportation

GUEVARA, Ana M. United States Alternate Executive Director of the International Bank for Reconstruction and Development

HAGENAH, William J. Member of the National Museum and Library Service Board

HAGY, David W. Director of the National Institute of Justice, Department of Justice

HALL, Floyd Member of the Reform Board (Amtrak)

HALL, James Randal United States District Judge for the Southern District of Georgia

HANDY, Frank Philip Member of the Board of Directors of the National Board for Education Sciences

HARRIS, Ondray T. Director, Community Relations Services, Department of Justice

HAWE, William Joseph U.S. Marshal for the Western District of Washington

HAYNES, Catharina U.S. Circuit Judge for the Fifth Circuit

HERRING, Mark Y. Member of the National Museum and Library Services Board

HERTZ, David Member of the National Council on the Humanities

HILL, David R. Assistant Administrator of the Environmental Protection Agency

HILLMAN, Gracia M. Member of the Election Assistance Commission

HILLMAN, Reed Verne U.S. Marshal for the District of Massachusetts

HINOJOSA, Ricardo H. Chair andMember of the U.S. Sentencing Commission

HIRSCHBERG, D. Jeffrey Member of the Broadcasting Board of Governors

HODGES, Heather M. Ambassador to the Republic of Ecuador

HOLEN, Arlene Member of the Federal Mine Safety and Health Review Commission

HOLSINGER, James W. Surgeon General of the Public Health Service

HONAKER, Richard H. United States District Judge for the District of Wyoming

HOROWITZ, Michael E. Member of the United States Sentencing Commission

HYBL, William J. Member of the United States Advisory Commission on Public Diplomacy

JACZKO, Gregory B. Member of the Nuclear Regulatory Commission

JOHNSON, Harvey E., Jr. Deputy Administrator, Federal Emergency Management Agency

JONES, Deborah K. Ambassador to the State of Kuwait

KASHIKARI, Neel T. Assistant Secretary of the Treasury

KATSAS, Gregory G. Assistant Attorney General for the Civil Division

KAUFMAN, Edwards E. Member of the Broadcasting Board of Governors

KAYS, David Gregory U.S. District Judge for the Western District of Missouri

KEISLER, Peter D. U.S. Circuit Judge for the District of Columbia Circuit

KETHLEDGE, Raymond M. United States Circuit Judge for the Sixth Circuit

KIMMITT, Mark Assistant Secretary of State

KLANE, Larry Allan Member of the Board of Governors of the Federal Reserve System

KRAMER, David J. Assistant Secretary of State for Democracy, Human Rights, and Labor

KRESS, Carl B. Federal Maritime Commissioner

KROL, George A. Ambassador to Turkmenistan

KROSZNER, Randall S. Member of the Board of Governors of the Federal Reserve System

KUNDER, James R. Deputy Administrator of the U.S. Agency for International Development

LENHARD, Robert D. Member of the Federal Election Commission

LIMBAUGH, Stephen N., Jr. United States District Judge for the Eastern District of Missouri

LLORENS, Hugo Ambassador to the Republic of Honduras

LUKKEN, Walter Chairman of the Commodity Futures Trading Commission

MARRON, Donald B. Member of the Council of Economic Advisers

MARTINEZ, Ralph Member, Foreign Claims Settlement Commission

MASON, David M. Member of the Federal Election Commission

MATHES, Patricia Member of the National Institute for Literacy Advisory Board

MATTHEWS, Steve A. U.S. Circuit Judge for the Fourth Circuit

MCCUE, Susan M. Member of the Broadcasting Board of Governors

MCGINN, Michael G. United States Marshal for the District of Minnesota

MCKINNON, Mark Member of the Broadcasting Board of Governors

MCSWAIN, Robert G. Director of the Indian Health Service, Department of Health and Human Services

MENDEZ, John A. United States District Judge for the Eastern District of California

MERON, Daniel General Counsel of the Department of Health and Human Services

MILLER, Brian Stacy United States District Judge for the Eastern District of Arkansas

MORALES, Gerard Member of the National Labor Relations Board

MORALES, Hector E. Permanent Representative of the United States of America to the Organization of American States, with the rank of Ambassador

MORIARTY, James Ambassador to the People's Republic of Bangladesh

MORRISON, Richard T. Judge of the United States Tax Court

MULHAUPT, Dennis M. Member of the Broadcasting Board of Governors

MURIN, Joseph J. President, Government National Mortgage Association

MURPHY, Stephen Joseph, III United States Circuit Judge for the Sixth Circuit

MYLES, Marianne Ambassador to the Republic of Cape Verde

NAPLES, Nancy A. Member of the Reform Board (Amtrak)

NOVAK, David J. United States District Judge for the Eastern District of Virginia

O'CONNOR, Kevin J. Associate Attorney General

O'GARA, James F.X. Deputy Director for Supply Reduction, Office of National Drug Control Policy

OKUN, Deanna Tanner Deputy United States Trade Representative, with the rank of Ambassador

OSBORN, John E. Member of the United States Advisory Commission on the Public Diplomacy

PALMER, John L. Member of the Board of Trustees of the Federal Old-Age andSurvivors Insurance Trust Fund and the Federal DisabilityInsurance Trust Fund

PASICHOW, Heidi M. Associated Judge of the Superior Court of the District of Columbia

PEPPLER, Susan Assistant Secretary HUD, Community Planning and Development

POPE, Carol Waller Member of the Federal Labor Relations Authority

POWELL, William J. U.S. District Judge for the Northern District of West Virginia

PRATTER, Gene E. K. United States Circuit Judge for the Third Circuit

PURYEAR IV, Gustavus Adolphus U.S. District Judge for the Middle District of Tennessee

RATH, Diane D. Assistant Secretary for Family Support, Department of Heath and Human Services

RODRIGUEZ-VELEZ, Rosa Emilia United States Attorney for the District of Puerto Rico

ROGAN, James Edward United States District Judge for the Central District of California

ROMANO, Neil Assistant Secretary of Labor

ROOD, John C. Under Secretary of State for Arms Control and Internal Security

ROSENKER, Mark V. Chairman of the National Transportation Safety Board

ROSENSTEIN, Rod J. United States Circuit Judge for the Fourth Circuit

SALLING, Dorla M. Commissioner of the United States Parole Commission

SANCHEZ, Alejandro Member of the Federal Retirement Thrift Investment Board

SAUERBREY, Ellen R. Assistant Secretary of State

SAUL, Andrew Member of the Federal Retirement Thrift Investment Board

SAVING, Thomas R. Member of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund

Member of the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund

SCOBEY, Margaret Ambassador to the Arab Republic of Egypt

SCOTT, Marvin Bailey Member of the National Council on the Humanities

SHAYWITZ, Sally Epstein Member of the Board of Directors of the National Board for Education Sciences

SHEARER, Charles Russell Horner Member of the Chemical Safety and Hazard Investigation Board

SHORT, Carolyn P. United States District Judge for the Eastern District of Pennsylvania

SHULMAN, Douglas H. Commissioner of Internal Revenue Service

SIMMONS, Steven J. Member of the Broadcasting Board of Governors

SMITH, William E. United States Circuit Judge for the First Circuit

SNOW, G. Murray United States District Judge for the District of Arizona

STEER, John R. Member of the United State s Sentencing Commission

STEIGER, William Raymond Ambassador to the Republic of Mozambique

STEPHENS, D. Kathleen Ambassador to the Republic of Korea

STEPHENSON, Barbara J. Ambassador to the Republic of Panama

STICKLER, Richard Assistant Secretary of Labor for Mine Safety and Health

STONE Shalom D. United States Circuit Judge for the Third Circuit

STURGELL, Robert A Administrator of the Federal Aviation Administration

STUTLER, Denver Jr. Member of the Reform Board (Amtrak)

SUBOLESKI, Stanley C. Assistant Secretary of Energy

SUDDABY, Glenn T. United States District Judge for the Northern District of New York

SULLIVAN, John J. Deputy Secretary of Commerce

SULLIVAN, Michael J. Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives

SVINICKI, Kristine L. Member of the Nuclear Regulatory Commission

SWAIN, Carol M. Member of the National Council on the Humanities

TANEBLATT, Eric J. Member of the Board of Directors of the Corporation for National and Community Service

TATE, Deborah Taylor Member of the Federal Communications Commission

TAYLOR, Jeffrey A United States Attorney for the District of Columbia

THOMAS-GREENFIELD, Linda Ambassador to the Republic of Liberia

THORSON, Eric M. Inspector General, Department of the Treasury

TODD, William Edward Ambassador to Brunei Darussalam

VENABLES, George W. United States Marshall for the Southern District of California

VOLKER, Kurt Douglas United States Permanent Representative on the Council of the North Atlantic Treaty Organization, with the rank and status of Ambassador Extraordinary and Plenipotentiary

VON SPAKOVSKY, Hans Member of the Federal Election Commission

WALSH, Dennis P. Member of the National Labor Relations Board

WALTHER, Larry Woodrow Director of the Trade and Development Agency

WALTHER, Steven T. Member of the Federal Election Commission

WEEMS, Kerry N. Administrator of the Centers for Medicare and Medicaid Services

WEISS, Joanna Member of the Board of Directors of the National Board for Education Sciences

WEST, Catherine G. Member of the Internal Revenue Service Board Oversight

WESTINE, Lezlee J. Member of the United States Advisory Commission on Public Diplomacy

WHITING, Gordon James Member of the Federal Retirement Thrift Investment Board

WILLIAMS, Ellen C. Governor of the United States Postal Service

WILLIAMS, Susan Richardson Member of the Board of Directors of the Tennessee Valley Authority