Senate Returns BATFE Nomination to White House

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The article says Obummer would have to reappoint him in January. BATFE has been led by "acting" directors since 2006.

That is only needed if he wants a vote to confirm. He has the power to bypass the Senate if he wants to take his chances later. It would only be temporary, but would probably make it until the end of 2011...

Under the Constitution (Article II, Section 2, clause 2), the President and the Senate share the power to make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. Generally, the President nominates individuals to these positions, and the Senate must confirm them before he can appoint them to office. The Constitution also provides an exception to this process. When the Senate is in recess, the President may make a temporary appointment, called a recess appointment, to any such position without Senate approval (Article II, Section 2, clause 3).
 

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