Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 112th Congress

February 3, 2015 (R43893)

Contents

Tables

Appendixes

Summary

The President makes appointments to positions within the federal government, either using authorities granted to the President alone or with the advice and consent of the Senate. There are some 149 full-time leadership positions on 34 federal regulatory and other collegial boards and commissions for which the Senate provides advice and consent. This report identifies all nominations submitted to the Senate for full-time positions on these 34 boards and commissions during the 112th Congress.

Information for each board and commission is presented in profiles and tables. The profiles provide information on leadership structures and statutory requirements (such as term limits and party balance requirements). The tables include full-time positions confirmed by the Senate, pay levels for these positions, incumbents as of the end of the 112th Congress, incumbents' parties (where balance is required), and appointment action within each executive department. Additional summary information across all 34 boards and commissions appears in the appendix.

During the 112th Congress, the President submitted 76 nominations to the Senate for full-time positions on regulatory boards and commissions (most of the remaining positions on these boards and commissions were not vacant during that time). Of these 76 nominations, 45 were confirmed, 8 were withdrawn, and 23 were returned to the President. The President also made three recess appointments to full-time positions on a regulatory board. At the end of the 112th Congress, 26 incumbents were serving past the expiration of their terms. In addition, there were 20 vacancies among the 149 positions.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

This report will not be updated.


Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 112th Congress

Introduction

The President is responsible for appointing individuals to positions throughout the federal government. In some instances, the President makes these appointments using authorities granted to the President alone. Other appointments, generally referred to with the abbreviation PAS, are made by the President with the advice and consent of the Senate via the nomination and confirmation process. This report identifies, for the 112th Congress, all nominations submitted to the Senate for full-time positions on 34 regulatory and other collegial boards and commissions.

This report includes a profile on the leadership structure of each of these 34 boards and commissions as well as a pair of tables presenting information on each body's membership and appointment activity as of the end of the 112th Congress. The profiles discuss the statutory requirements for the appointed positions, including the number of members on each board or commission, their terms of office, whether they may continue in their positions after their terms expire, whether political balance is required, and the method for selecting the chair. The first table in each pair provides information on full-time positions requiring Senate confirmation as of the end of the 112th Congress and the pay levels of those positions. The second table for each board or commission tracks appointment activity within the 112th Congress by the Senate (confirmations, rejections, returns to the President, and elapsed time between nomination and confirmation) as well as further related presidential activity (including withdrawals and recess appointments). In some instances, no appointment action occurred within a board or commission during the 112th Congress.

Information for this report was compiled using the Senate nominations database of the Legislative Information System (LIS) at http://www.lis.gov/nomis/, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (United States Government Policy and Supporting Positions).

Related Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other appointments-related matters may be found at http://www.crs.gov.1

Positions on Regulatory and Other Collegial Bodies

Federal executive branch boards and commissions discussed in this report share, among other characteristics, the following: (1) they are independent executive branch bodies located, with four exceptions, outside executive departments;2 (2) several board or commission members head each entity, and at least one of these members serves full time; (3) the members are appointed by the President with the advice and consent of the Senate; and (4) the members serve fixed terms of office and, except in a few bodies, the President's power to remove them is restricted.

For most of the boards and commissions included in this report, the fixed terms of office for member positions have set beginning and end dates, irrespective of whether the posts are filled or when appointments are made. In contrast, for a few agencies, such as the Chemical Safety and Hazard Investigation Board, the full term begins when an appointee takes office and expires after the incumbent has held the post for the requisite period of time. The end dates of the fixed terms of a board's members are staggered so that the terms do not expire all at once. The use of terms with fixed beginning and end dates is intended to minimize the occurrence of simultaneous board member departures and thereby increase leadership continuity.

Under such an arrangement, an individual is nominated to a particular position and a particular term of office. An individual may be nominated and confirmed for a position for the remainder of an unexpired term to replace an appointee who has resigned (or died). Alternatively, an individual might be nominated for an upcoming term with the expectation that the new term will be under way by the time of confirmation. Occasionally, when the unexpired term has been for a relatively short period, the President has submitted two nominations of the same person simultaneously—the first to complete the unexpired term and the second to complete the entire succeeding term of office.

On some commissions, the chair is subject to Senate confirmation and must be appointed from among the incumbent commissioners. If the President wishes to appoint, as chair, someone who is not on the commission, the President simultaneously submits two nominations for the nominee—one for member and the other for chair.

As independent entities with staggered membership, executive branch boards and commissions have more political independence from the President than do executive departments. Nonetheless, the President can sometimes exercise significant influence over the composition of a board or commission's membership when he designates the chair or has the opportunity to fill a number of vacancies at once. For example, President George W. Bush had the chance to shape the Securities and Exchange Commission during the first two years of his presidency because of existing vacancies, resignations, and the death of a member. Likewise, during the same time period, President Bush was able to submit nominations for all of the positions on the National Labor Relations Board because of existing vacancies, expiring recess appointments, and resignations. Simultaneous turnover of board or commission membership may result from coincidence, but it also may be the result of a buildup of vacancies after extended periods of time in which the President fails to nominate, or the Senate fails to confirm, members.

Two other notable characteristics apply to appointments to some of the boards and commissions. First, for 26 of the bodies in this report, the law limits the number of appointed members who may belong to the same political party, usually to no more than a simple majority of the appointed members (e.g., two of three or three of five).3 Second, advice and consent requirements also apply to inspector general appointments in four of these organizations and general counsel appointments in three.

Appointments During the 112th Congress

During the 112th Congress, President Barack H. Obama submitted nominations to the Senate for 63 of the 149 full-time positions on 34 regulatory and other boards and commissions (most of the remaining positions were not vacant during that time). He submitted a total of 76 nominations for these positions, of which 45 were confirmed, 8 were withdrawn, and 23 were returned to the President. The number of nominations exceeded the number of positions because the President submitted multiple nominations for some positions. In some cases, for example, the President submitted one nomination for the end of a term in progress and a second nomination of the same person to the same position for the succeeding term. In other cases, the President submitted a second nomination after his first choice failed to be confirmed. The President also submitted "extra" nominations for the three individuals to whom he had given recess appointments to comply with a law affecting the payment of those appointees. Table 1 summarizes the appointment activity for the 112th Congress. At the end of the Congress, 26 incumbents were serving past the expiration of their terms.4 In addition, there were 20 vacancies among the 149 positions.

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate has varied widely. Some nominations have been confirmed within a few days, others have been confirmed within several months, and some have never been confirmed. In the board and commission profiles, this report provides, for each board or commission nomination that was confirmed in the 112th Congress, the number of days between nomination and confirmation (days to confirm). For those nominations that were confirmed, a mean (average) of 156.0 days elapsed between nomination and confirmation. The median5 number of days elapsed was 130.0. The difference between these two numbers suggests the mean was pulled upward by a small number of unusually high numbers.

Table 1. Appointment Action for Regulatory and Other Collegial Boards and Commissions

(112th Congress, 2011-2012)

Positions on Boards and Commissions (Total)

149

Positions to which nominations were made

63

Individual nominees

67

Nominations Submitted to the Senate During the 112th Congress (Total)

76

Disposition of nominations

 

Confirmed by the Senate

45

Withdrawn

8

Returned

23

Recess Appointmentsa

3

Source: Created by the Congressional Research Service (CRS). The information in this table summarizes data presented in Table A-2.

a. President Obama recess appointed Sharon Block, Terence F. Flynn, and Richard F. Griffin Jr. to be members of the National Labor Relations Board on January 4, 2012. The Supreme Court later found these appointments to be constitutionally invalid. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Organization of the Report

Board and Commission Profiles

Each of the 34 board or commission profiles in this report is organized into three parts: a paragraph discussing the body's leadership structure, a table identifying its membership as of the end of the 112th Congress, and a table listing nominations and appointments to its vacant positions during the 112th Congress. The leadership structure sections discuss the statutory requirements for the appointed positions, including the number of members on each board or commission, their terms of office, whether these members may continue in their positions after their terms expire, whether political balance is required, and the method for selecting the chair.

Data6 on appointment actions during the 112th Congress appear under both the "Membership as of the End of the 112th Congress" and the "Appointment Action in the 112th Congress" sections. The former identify the agencies' positions requiring Senate confirmation and the incumbents in those positions as of the end of the 112th Congress. Incumbents whose terms have expired are italicized. Most incumbents serve fixed terms of office and are removable only for specified causes. They generally remain in office when a new administration assumes office following a presidential election. For those agencies requiring political balance among their members, the party affiliation of an incumbent is listed as Democrat (D), Republican (R), or Independent (I). These sections also include the pay levels of each position. For presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which ranges from level I, for Cabinet-level offices, to level V, for the lowest-ranked positions. Most of the chair positions are at level III, and most of the other positions are at level IV.7

For each board or commission, the "Appointment Action" section provides information about each nomination, in chronological order, including the name of the nominee, the position to which he or she was nominated, the date of submission, the date of confirmation (if any), and the number of days that elapsed between submission and confirmation. It also notes actions other than confirmation (i.e., nominations rejected by the Senate, nominations returned to or withdrawn by the President, and recess appointments). Occasionally, where a position was vacant and the unexpired term of office was to end within a number of weeks or months, the President submitted two nominations for the same nominee: the first to complete the unexpired term, and the second for a full term following completion of the expired term. In addition, in the three instances during the 112th Congress in which the President recess appointed a nominee for a position covered by this report while the nomination was awaiting Senate action, he submitted a second, follow-up nomination to comply with the requirements of 5 U.S.C. §5503(b).

Tables that show more than one confirmed nomination provide the mean number of days to confirm a nomination. This figure was determined by calculating the number of days between the nomination and confirmation dates, adding these numbers for all confirmed nominations, and dividing the result by the number of nominations confirmed. For tables with instances of one individual being confirmed more than once (to be a chair and a member, for example), the mean was calculated by averaging all values in the "Days to Confirm" column, including the values for both confirmations.

Additional Appointment Information

Appendix A provides two tables. Table A-1 includes information on each of the nominations and appointments to regulatory and other collegial boards and commissions during the 112th Congress, alphabetically organized and following a similar format to that of the "Appointment Action" sections discussed above. It identifies the board or commission involved and the dates of nomination and confirmation. The appendix also indicates if a nomination was withdrawn, returned, or rejected or if a recess appointment was made. In addition, it provides the mean and median number of days taken to confirm a nomination.8

Table A-2 contains summary information on appointments and nominations by organization. For each of the 34 independent boards and commissions discussed in this report, the appendix provides the number of positions, vacancies, incumbents whose term had expired, nominations, individual nominees, positions to which nominations were made, confirmations, nominations returned to the President, nominations withdrawn, and recess appointments.

A list of organization abbreviations can be found in Appendix B.

Chemical Safety and Hazard Investigation Board

The Chemical Safety and Hazard Investigation Board is an independent agency consisting of five members (no political balance is required), including a chair, who serve five-year terms. The President appoints the members, including the chair, with the advice and consent of the Senate. When a term expires, the incumbent must leave office. (42 U.S.C. §7412(r)(6))

Table 2. Full-Time Chemical Safety and Hazard Investigation Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Rafael Moure-Eraso (Chair)

NA

06/23/10

06/24/15

IV

Mark A. Griffon

NA

06/23/10

06/24/15

IV

Beth J. Rosenberg

NA

01/01/13

01/04/18

IV

Vacant

NA

IV

Vacant

NA

IV

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Chemical Safety and Hazard Investigation Board is not required to be politically balanced. Terms to the Board expire five years from the time of appointment.

Table 3. Chemical Safety and Hazard Investigation Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Beth J. Rosenberg

NA

Member

William B. Wark

09/19/12

01/01/13

104

Richard J. Engler

NA

Member

William E. Wright

12/17/12

Returned 01/03/13a

Source: Created by CRS.

Note: The abbreviation "NA" means not applicable. As noted above, the membership of the Chemical Safety and Hazard Investigation Board is not required to be politically balanced.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, which provides that " ... if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending ant not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President."

Commodity Futures Trading Commission

The Commodity Futures Trading Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. At the end of a term, a member may remain in office, unless replaced, until the end of the next session of Congress. The chair is also appointed by the President, with the advice and consent of the Senate. (7 U.S.C. §2(a)(2))

Table 4. Full-Time Commodity Futures Trading Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Gary Genslera (Chair)

D

05/19/09

04/13/12

III

Bartholomew H. Chilton

D

08/01/07

04/13/13

IV

Jill E. Sommers

R

08/01/07

04/13/14

IV

Scott D. O'Malia

R

10/08/09

04/13/15

IV

Mark P. Wetjen

D

10/21/11

06/19/16

IV

Source: Created by CRS.

a. At the end of the 112th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 5. Commodity Futures Trading Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mark P. Wetjen

D

Commissioner

Michael V. Dunn

05/12/11

10/21/11

162

Source: Created by CRS.

Consumer Product Safety Commission

The statute establishing the Consumer Product Safety Commission calls for five members who serve seven-year terms. No more than three members may be from the same political party. A member may remain in office for one year at the end of a term, unless replaced. The chair is also appointed by the President, with the advice and consent of the Senate. (15 U.S.C. §2053)

Table 6. Full-Time Consumer Product Safety Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Inez M. Tenenbaum (Chair)

D

06/19/09

10/26/13

III

Nancy A. Norda

R

04/28/05

10/26/12

IV

Robert S. Adler

D

08/07/09

10/26/14

IV

Vacant

10/26/17

IV

Vacant

10/26/18

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 7. Consumer Product Safety Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Marietta S. Robinson

D

Commissioner

Thomas H. Moore

01/24/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Defense Nuclear Facilities Safety Board

The Defense Nuclear Facilities Safety Board consists of five members (no more than three may be from the same political party) who serve five-year terms. After a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair. (42 U.S.C. §2286)

Table 8. Full-Time Defense Nuclear Facilities Safety Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Peter S. Winokur (Chair)

D

09/29/06

10/18/14

III

Jessie H. Roberson (Vice Chair)

D

10/29/99a

10/18/13

III

John E. Mansfieldb

R

10/30/97

10/18/11

III

Joseph F. Baderb

D

11/21/04

10/18/12

III

Sean Sullivan

R

08/02/12

10/18/15

III

Source: Created by CRS.

a. Roberson was initially confirmed to the board on October 29, 1999. She served from January 18, 2000, to July 18, 2001. She was confirmed again on March 19, 2010.

b. At the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 9. Defense Nuclear Facilities Safety Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Sean Sullivan

R

Member

Larry W. Brown

04/26/12

08/02/12

98

Source: Created by CRS.

Election Assistance Commission

The Election Assistance Commission consists of four members (no more than two may be from the same political party) who serve four-year terms. After a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and designated by the commission, change each year. (52 U.S.C. §20923)

Table 10. Full-Time Election Assistance Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant

12/12/13

IV

Vacant

12/12/13

IV

Vacant

12/12/15

IV

Vacant

12/12/15

IV

Source: Created by CRS.

Table 11. Election Assistance Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Myrna Perez

D

Member

Rosemary E. Rodriguez

03/17/11

Returned 01/03/13a

Myrna Perez

D

Member

Reappointment

03/17/11

Returned 01/03/13a

Gineen M. Bresso

R

Member

Reappointment

03/17/11

Withdrawn 01/24/12

Thomas Hicks

D

Member

Gracia M. Hillman

05/04/11

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. An incumbent whose term has expired may continue to serve until a successor is appointed, except that no such member may continue to serve (1) for more than 60 days when Congress is in session, unless a successor has been nominated or (2) after the adjournment of the session of the Senate in which the successor's nomination was submitted. The President designates the chair and the vice chair. The President also appoints the general counsel, with the advice and consent of the Senate. (42 U.S.C. §2000e-4)

Table 12. Full-Time Equal Employment Opportunity Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Jacqueline A. Berrien (Chair)

D

12/22/10

07/01/14

III

Chai R. Feldblum

D

12/22/10

07/01/13

IV

Victoria A. Lipnic

R

12/22/10

07/01/15

IV

Constance S. Barker

R

03/27/08

07/01/16

IV

Vacant

07/01/17

IV

General Counsel

 

 

 

 

P. David Lopez

NA

12/22/10

4 years from appointment

V

Source: Created by CRS.

Note: The abbreviation NA means not applicable. The statutory provision establishing the position of general counsel does not include qualifications related to political party affiliation.

Table 13. Equal Employment Opportunity Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Constance S. Barker

R

Member

Reappointment

05/19/11

09/26/11

130

Jenny R. Yang

D

Member

Stuart Ishimaru

08/02/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate

Export-Import Bank Board of Directors

The Export-Import Bank Board of Directors comprises the bank president, who serves as chair; the bank first vice president, who serves as vice chair; and three other members (no more than three of these five may be from the same political party). All five members are appointed by the President, with the advice and consent of the Senate, and serve for terms of up to four years. An incumbent whose term has expired may continue to serve until a successor is qualified, or until six months after the term expires—whichever occurs earlier (12 U.S.C. §635a). The President also appoints an inspector general, with the advice and consent of the Senate. (5 U.S.C. App., Inspector General Act of 1978, §3)

Table 14. Full-Time Export-Import Bank Board of Directors Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board of Directors

 

 

 

 

Fred P. Hochberg (President/Chair)

D

05/14/09

01/20/13

III

Wanda Felton (Vice President/Vice Chair)

D

05/26/11

01/20/13

IV

Sean R. Mulvaney

R

05/26/11

01/20/15

IV

Patricia M. Loui

D

11/01/11

01/20/15

IV

Larry Walther

R

11/01/11

01/20/13

IV

Inspector General

 

 

 

 

Osvaldo L. Gratacósa

NA

09/29/10

Indefinite

III + 3%b

Source: Created by CRS.

Note: The abbreviation NA means not applicable. The statute establishing the position of inspector general provides that appointment shall be made without regard to political party affiliation.

a. Gratacós was confirmed as Osvaldo Luis Gratacós Munet and was identified as Osvaldo L. Gratacós on the Export-Import Bank's website: http://www.exim.gov.

b. Under the provisions of 5 U.S.C. Appx. §3(e), "The annual rate of basic pay for an inspector general (as defined under section 12(3)) shall be the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, plus 3 percent."

Table 15. Export-Import Bank Board of Directors Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Wanda Felton

D

Vice President/Vice Chair

Linda M. Conlin

04/08/11

05/26/11

48

Sean R. Mulvaney

R

Member

Bijan Rafiekian

04/08/11

05/26/11

48

Patricia M. Loui

D

Member

Diane G. Farrell

05/19/11

11/01/11

166

Larry Walther

R

Member

Joseph Grandmaison

07/22/11

11/01/11

102

Mean number of days to confirm a nomination

91.0

Source: Created by CRS.

Farm Credit Administration

The Farm Credit Administration consists of three members (no more than two may be from the same political party) who serve six-year terms. A member may not succeed himself or herself unless he or she was first appointed to complete an unexpired term of three years or less. A member whose term expires may continue to serve until a successor takes office. One member is designated to serve as chair for the duration of the member's term. (12 U.S.C. §2242)

Table 16. Full-Time Farm Credit Administration Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Jill L. Thompson (Chair)

D

09/16/10

05/21/14

III

Leland A. Stroma

R

12/09/06

10/13/12

IV

Kenneth A. Spearman

D

10/08/09

05/21/16

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 17. Farm Credit Administration Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Federal Communications Commission

The Federal Communications Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until the end of the next session of Congress, unless a successor is appointed before that time. The President designates the chair. (47 U.S.C. §154)

Table 18. Full-Time Federal Communications Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Julius Genachowski (Chair)

D

06/25/09

06/30/13

III

Robert M. McDowell

R

05/26/06

06/30/14

IV

Mignon L. Clyburn

D

07/24/09

06/30/17

IV

Jessica Ronsenworcel

D

05/07/12

06/30/15

IV

Ajit V. Pai

R

05/07/12

06/30/16

IV

Source: Created by CRS.

Table 19. Federal Communications Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Ajit V. Pai

R

Member

Meredith A. Baker

11/01/11

05/07/12

188

Jessica Rosenworcel

D

Member

Michael J. Copps

11/01/11

05/07/12

188

Mignon L. Clyburn

D

Member

Reappointment

06/07/12

01/01/13

208

Mean number of days to confirm a nomination

194.7

Source: Created by CRS.

Federal Deposit Insurance Corporation Board of Directors

The Federal Deposit Insurance Corporation Board of Directors consists of five members, of whom two—the comptroller of the currency and the director of the Consumer Financial Protection Bureau—are ex officio. The three appointed members serve six-year terms. An appointed member may continue to serve after the expiration of a term until a successor is appointed. Not more than three members of the board may be from the same political party. The President appoints the chair and the vice chair, with the advice and consent of the Senate, from among the appointed members. The chair is appointed for a term of five years (12 U.S.C. §1812). The President also appoints the inspector general, with the advice and consent of the Senate. (5 U.S.C. App., Inspector General Act of 1978, §3)

Table 20. Full-Time Federal Deposit Insurance Corporation Board of Directors Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board of Directors

 

 

 

 

Martin J. Gruenberg (Chair)

D

07/29/05

12/27/18a

III

Thomas M. Hoenig (Vice Chair)

R

03/29/12

04/16/18

IV

Jeremiah O. Norton

R

03/29/12

07/15/13

IV

Inspector General

 

 

 

 

Jon T. Rymer

NA

06/22/06

Indefinite

III + 3%

Source: Created by CRS.

Notes: The abbreviation NA means not applicable. The statute establishing the position of inspector general provides that appointment shall be made without regard to political party affiliation.

a. Gruenberg's term as a member expires on December 27, 2018. His current term as chair expires in 2017.

Table 21. Federal Deposit Insurance Corporation Board of Directors Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Martin J. Gruenberg

D

Chair

Sheila C. Blair

06/13/11

11/15/12

521

Martin J. Gruenberg

D

Member

Reappointment

06/13/11

03/29/12

290

Thomas M. Hoenig

R

Vice Chair

Martin J. Gruenberg

10/20/11

11/15/12

392

Thomas M. Hoenig

R

Member

Thomas J. Curry

10/20/11

Withdrawn 11/01/11

Thomas M. Hoenig

R

Member

Thomas J. Curry

11/01/11

03/29/12

149

Jeremiah O. Norton

R

Member

Sheila C. Bair

02/06/12

03/29/12

52

Mean number of days to confirm a nomination

280.8

Source: Created by CRS.

Federal Election Commission

The Federal Election Commission consists of six members (no more than three may be from the same political party) who may serve for a single term of six years. When a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and elected by the commission, change each year. Generally, the vice chair succeeds the chair. (52 U.S.C. §30106)

Table 22. Full-Time Federal Election Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Caroline C. Hunter (Chair)

R

06/24/08

04/30/13

IV

Ellen L. Weintrauba (Vice Chair)

D

03/18/03

04/30/07

IV

Steven T. Walthera

I

01/09/07

04/30/09

IV

Donald F. McGahn IIa

R

06/24/08

04/30/09

IV

Cynthia L. Bauerlya

D

06/24/08

04/30/11

IV

Matthew S. Petersena

R

06/24/08

04/30/11

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 23. Federal Election Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission, an independent agency within the Department of Energy, consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office, except that such commissioner may not serve beyond the end of the session of the Congress in which his or her term expires. The President designates the chair. (42 U.S.C. §7171)

Table 24. Full-Time Federal Energy Regulatory Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Jon Wellinghoff (Chair)

D

07/14/06

06/30/13

III

Philip D. Moeller

R

07/14/06

06/30/15

IV

John R. Norris

D

12/24/09

06/30/17

IV

Cheryl A. LaFleur

D

06/22/10

06/30/14

IV

Anthony T. Clark

R

05/24/12

06/30/16

IV

Source: Created by CRS.

Table 25. Federal Energy Regulatory Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Anthony T. Clark

R

Member

Marc Spitzer

01/24/12

05/24/12

121

John R. Norris

D

Member

Reappointment

02/06/12

05/24/12

108

Mean number of days to confirm a nomination

114.5

Source: Created by CRS.

Federal Labor Relations Authority

The Federal Labor Relations Authority consists of three members (no more than two may be from the same political party) who serve five-year terms. After the date on which a five-year term would expire, a member may continue to serve until the end of the next Congress, unless a successor is appointed before that time. The President designates the chair. The President also appoints the general counsel, with the advice and consent of the Senate. (5 U.S.C. §7104)

Table 26. Full-Time Federal Labor Relations Authority Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Members

 

 

 

 

Carol W. Popea (Chair)

D

10/26/00

07/01/09

IV

Ernest DuBestera

D

08/07/09

07/29/12

V

Vacant

07/01/15

V

General Counsel

 

 

 

 

Julia A. Clark

NA

08/07/09

5 years from appointment

V

Source: Created by CRS.

Note: The abbreviation NA means not applicable. The statutory provision establishing the position of general counsel does not include qualifications related to political party affiliation.

a. As of the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 27. Federal Labor Relations Authority Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Ernest W. Dubester

D

Member

Reappointment

12/21/12

Returned 01/03/13a

Carol W. Pope

D

Member

Reappointment

12/21/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Federal Maritime Commission

The Federal Maritime Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. (46 U.S.C. §301)

Table 28. Full-Time Federal Maritime Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Richard A. Lidinsky Jr.a (Chair)

D

07/24/09

06/30/12

III

Rebecca F. Dye

R

11/14/02

06/30/15

IV

Michael A. Khouri

R

12/24/09

06/30/16

IV

Mario Cordero

D

04/14/11

06/30/14

IV

William P. Doyle

D

01/01/13

06/30/13

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 29. Federal Maritime Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mario Cordero

D

Commissioner

Harold J. Creel Jr.

01/26/11

04/14/11

78

Rebecca F. Dye

R

Commissioner

Reappointment

01/26/11

04/14/11

78

Michael A. Khouri

R

Commissioner

Reappointment

09/06/11

11/18/11

73

Richard A. Lidinsky Jr.

D

Commissioner

Reappointment

02/13/12

Returned 01/03/13a

William P. Doyle

D

Commissioner

Joseph E. Brennan

02/13/12

01/01/13

323

Mean number of days to confirm a nomination

138.0

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Federal Mine Safety and Health Review Commission

The Federal Mine Safety and Health Review Commission consists of five members (no political balance is required) who serve six-year terms. When a term expires, the member must leave office. The President designates the chair. (30 U.S.C. §823)

Table 30. Full-Time Federal Mine Safety and Health Review Commission Membership

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mary L. Jordan (Chair)

NA

04/14/94

08/30/14

III

Michael G. Young

NA

07/31/03

08/30/14

IV

Patrick K. Nakamura

NA

03/19/10

08/30/16

IV

Vacant

08/30/18

IV

Vacant

08/30/18

IV

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Federal Mine Safety and Health Review Commission is not required to be politically balanced.

Table 31. Federal Mine Safety and Health Review Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Robert F. Cohen Jr.

NA

Member

Reappointment

11/15/12

Returned 01/03/13a

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Federal Mine Safety and Health Review Commission is not required to be politically balanced.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Federal Reserve System Board of Governors

The Federal Reserve System Board of Governors consists of 7 members (no political balance is required) who serve 14-year terms. When a term expires, a member may continue to serve until a successor takes office. The President appoints the chair and vice chair, who are separately appointed as members, for 4-year terms, with the advice and consent of the Senate. (12 U.S.C. §§241-242.)

Table 32. Full-Time Federal Reserve System Board of Governors Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Ben S. Bernanke (Chair)

NA

07/31/02a

01/31/20b

I

Janet L. Yellen (Vice Chair)

NA

09/29/10

01/31/24b

II

Elizabeth A. Dukec

NA

06/27/08

01/31/12

II

Daniel K. Tarullo

NA

01/27/09

01/31/22

II

Sarah B. Raskin

NA

09/29/10

01/31/16

II

Jerome H. Powell

NA

05/17/12

01/31/14

II

Jeremy C. Stein

NA

05/17/12

01/31/18

II

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Federal Reserve System Board of Governors is not required to be politically balanced.

a. Bernanke was initially confirmed July 31, 2002, to the unexpired term of Edward W. Kelly. That term would have expired on January 31, 2004. He was then reappointed for a term that would have expired on January 31, 2018, but he resigned to become a member of the Council of Economic Advisors. On November 1, 2005, Bernanke was nominated to succeed Alan Greenspan as a member and as chair. He was confirmed to both positions on January 31, 2006. He was confirmed to a second term as chair on January 28, 2010.

b. Bernanke's term as a member expires on January 31, 2020. His current term as chair expires on January 31, 2014. Yellen's term as a member expires on January 31, 2024. Her current term as vice chair expires on October 4, 2014.

c. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 33. Federal Reserve System Board of Governors Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Peter A. Diamond

NA

Member

Frederic S. Mishkin

01/05/11

Withdrawn 06/09/11

Jeremy C. Stein

NA

Member

Kevin M. Warsh

01/24/12

05/17/12

114

Jerome H. Powell

NA

Member

Frederic S. Mishkin

01/24/12

05/17/12

114

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Federal Reserve System Board of Governors is not required to be politically balanced.

Federal Trade Commission

The Federal Trade Commission consists of five members (no more than three may be from the same political party) who serve seven-year terms. When a term expires, the member may continue to serve until a successor takes office. The President designates the chair. (15 U.S.C. §41)

Table 34. Full-Time Federal Trade Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Jon D. Leibowitz (Chair)

D

11/21/04

09/25/17

III

Edith Ramirez

D

03/03/10

09/25/15

IV

Julie S. Brill

D

03/03/10

09/25/16

IV

Maureen K. Ohlhausen

R

03/29/12

09/25/18

IV

Joshua D. Wright

R

01/01/13

09/25/18

IV

Source: Created by CRS.

Table 35. Federal Trade Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jon D. Leibowitz

D

Commissioner

Reappointment

03/04/11

03/29/12

391

Maureen K. Ohlhausen

R

Commissioner

William E. Kovacic

07/21/11

03/29/12

252

Joshua D. Wright

D

Commissioner

J. Thomas Rosch

09/11/12

01/01/13

112

Mean number of days to confirm a nomination

251.7

Source: Created by CRS.

Financial Stability Oversight Council

The Financial Stability Oversight Council consists of 10 voting members and 5 nonvoting members, and is chaired by the Secretary of the Treasury. Of the 10 voting members, 9 serve ex officio, by virtue of their positions as leaders of other agencies. The remaining voting member is appointed by the President with the advice and consent of the Senate and serves full time for a term of six years. Of the five nonvoting members, two serve ex officio. The remaining three nonvoting members are designated through a process determined by the constituencies they represent, and they serve for terms of two years. The council is not required to have a balance of political party representation. (12 U.S.C. §5321)

Table 36. Full-Time Financial Stability Oversight Council Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

S. Roy Woodall Jr.

NA

09/26/11

09/26/17

III

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Financial Stability Oversight Council is not required to be politically balanced.

Table 37. Financial Stability Oversight Council Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

S. Roy Woodall Jr.

NA

Member

New position

06/27/11

09/26/11

91

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Financial Stability Oversight Council is not required to be politically balanced.

Foreign Claims Settlement Commission

The Foreign Claims Settlement Commission, located in the Department of Justice, consists of three members (political balance is not required) who serve three-year terms. When a term expires, the member may continue to serve until a successor takes office. Only the chair, who is appointed by the President with the advice and consent of the Senate, serves full time. (22 U.S.C. §§1622, 1622c)

Table 38. Full-Time Foreign Claims Settlement Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Timothy J. Feigherya (Chair)

NA

03/10/11

09/30/12

V

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Foreign Claims Settlement Commission is not required to be politically balanced.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 39. Foreign Claims Settlement Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Timothy J. Feighery

NA

Chair

Mauricio J. Tamargo

01/05/11

03/10/11

64

Timothy J. Feighery

NA

Chair

Reappointment

11/15/12

Returned 01/03/13a

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Foreign Claims Settlement Commission is not required to be politically balanced.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Merit Systems Protection Board

The Merit Systems Protection Board consists of three members (no more than two may be from the same political party) who serve seven-year terms. A member who has been appointed to a full seven-year term may not be reappointed to any following term. When a term expires, the member may continue to serve for one year, unless a successor is appointed before that time. The President appoints the chair, with the advice and consent of the Senate, and designates the vice chair. (5 U.S.C. §§1201-1203)

Table 40. Full-Time Merit Systems Protection Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Susan T. Grundmann (Chair)

D

11/05/09

03/01/16

III

Anne M. Wagner (Vice Chair)

D

11/05/09

03/01/14

IV

Mark A. Robbins

R

04/26/12

03/01/18

IV

Source: Created by CRS.

Table 41. Merit Systems Protection Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mark A. Robbins

R

Member

Mary M. Rose

12/05/11

04/26/12

143

Source: Created by CRS.

National Credit Union Administration Board of Directors

The National Credit Union Administration Board of Directors consists of three members (no more than two members may be from the same political party) who serve six-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. (12 U.S.C. §1752a)

Table 42. Full-Time National Credit Union Administration Board of Directors Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Deborah Matz (Chair)

D

08/07/09

04/10/15

III

Michael E. Fryzel

R

06/27/08

08/02/13

IV

Vacant

08/02/17

IV

Source: Created by CRS.

Table 43. National Credit Union Administration Board of Directors Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Carla M. Leon-Decker

D

Member

Gigi Hyland

10/20/11

Withdrawn 03/12/12

Source: Created by CRS.

National Labor Relations Board

The National Labor Relations Board consists of five members who serve five-year terms. Political balance is not required, but, by tradition, no more than three members are from the same political party. When a term expires, the member must leave office. The President designates the chair. The President also appoints the general counsel, with the advice and consent of the Senate. (29 U.S.C. §153)

Table 44. Full-Time National Labor Relations Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board

 

 

 

 

Mark G. Pearce (Chair)

D

06/22/10

08/27/13

III

Sharon Block

D

NA

12/16/14

IV

Richard F. Griffin Jr.

D

NA

08/27/16

IV

Vacant

 

12/16/14

IV

Vacant

 

08/27/15

IV

General Counsel

 

 

 

 

Lafe Solomon (Acting)

NA

NA

08/13/10

IV

Source: Created by CRS.

Notes: The abbreviation NA means not applicable. The statutory provision establishing the position of general counsel does not include qualifications related to political party affiliation. Date first confirmed is not applicable for Block or Griffin because, as of the end of the 112th Congress, they had not been confirmed to their respective positions.

Table 45. National Labor Relations Board Appointment Action During the 112th Congress

Nominee/Recess Appointee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Terence F. Flynn

R

Member

Peter Schaumber

01/05/11

Withdrawn 06/07/12

Lafe E. Solomon

NA

General Counsel

Ronald E. Meisburg

01/05/11

Returned 01/03/13a

Craig Becker

D

Member

Dennis P. Walsh

01/26/11

Withdrawn 12/15/11

Sharon Block

D

Member

Craig Becker

12/15/11

Returned 01/03/13a

Richard F. Griffin Jr.

D

Member

Wilma B. Liebman

12/15/11

Returned 01/03/13a

Sharon Block

D

Member

Craig Becker

Recess appointment 01/04/12b

Terence F. Flynn

R

Member

Peter Schaumber

Recess appointment 01/04/12b

Richard F. Griffin Jr.

D

Member

Wilma B. Liebman

Recess appointment 01/04/12b

Sharon Block

D

Member

Craig Becker

02/13/12

Returned 01/03/13a

Terence F. Flynn

R

Member

Peter Schaumber

02/13/12

Withdrawn 06/07/12

Richard F. Griffin Jr.

D

Member

Wilma B. Liebman

02/13/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

b. President Obama recess appointed Sharon Block, Terence F. Flynn, and Richard F. Griffin Jr. to be members of the National Labor Relations Board on January 4, 2012. The Supreme Court later found these appointments to be constitutionally invalid. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

National Mediation Board

The National Mediation Board consists of three members (no more than two may be from the same political party) who serve three-year terms. When a term expires, the member may continue to serve until a successor takes office. The board annually designates a chair. (45 U.S.C. §154)

Table 46. Full-Time National Mediation Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Harry R. Hoglandera (Chair)

D

08/01/02

07/01/11

III

Linda A. Puchalaa

D

05/21/09

07/01/12

IV

Vacant

07/01/13

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 47. National Mediation Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Thomas M. Beck

R

Member

Elizabeth Dougherty

01/05/11

Withdrawn 04/26/12

Harry R. Hoglander

D

Member

Reappointment

05/19/11

Returned 01/03/13a

Nicholas C. Geale

R

Member

Elizabeth Dougherty

12/17/12

Returned 01/03/13a

Linda A. Puchala

D

Member

Reappointment

12/17/12

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

National Transportation Safety Board

The National Transportation Safety Board consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until a successor takes office. The President appoints the chair from among the members for a two-year term, with the advice and consent of the Senate, and designates the vice chair. (49 U.S.C. §1111)

Table 48. Full-Time National Transportation Safety Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Deborah A. P. Hersman (Chair)

D

03/02/04

12/31/13a

III

Christopher A. Hart (Vice Chair)

D

08/04/90b

12/31/12

IV

Robert L. Sumwalt III

R

08/03/06

12/31/16

IV

Mark R. Rosekind

D

06/22/10

12/31/14

IV

Earl F. Weener

R

06/22/10

12/31/15

IV

Source: Created by CRS.

a. Hersman's term as a member expires on December 31, 2013. Her term as chair expires on August 3, 2013, two years from the date of her appointment to that post.

b. Hart was initially confirmed as a board member on August 4, 1990. He served on the National Transportation Safety Board until 1993. During the 112th Congress, he was nominated to be a member on June 25, 2009, and confirmed on August 7, 2009.

Table 49. National Transportation Safety Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Deborah A. P. Hersman

D

Chair

Reappointment

06/30/11

08/02/11

33

Robert L. Sumwalt III

R

Member

Reappointment

10/12/11

11/18/11

37

Mean number of days to confirm a nomination

 

35.0

Source: Created by CRS.

Nuclear Regulatory Commission

The Nuclear Regulatory Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, the member must leave office. The President designates the chair. The President also appoints the inspector general, with the advice and consent of the Senate. (42 U.S.C. §5841 and 5 U.S.C. App., Inspector General Act of 1978, §3)

Table 50. Full-Time Nuclear Regulatory Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Allison M. Macfarlane (Chair)

D

06/30/12

06/30/13

II

Kristine L. Svinicki

R

03/13/08

06/30/17

III

George Apostolakis

D

03/19/10

06/30/14

III

William D. Magwood IV

D

03/19/10

06/30/15

III

William C. Ostendorff

R

03/19/10

06/30/16

III

Inspector General

 

 

 

 

Hubert T. Bell

NA

06/11/96

Indefinite

III + 3%

Source: Created by CRS.

Note: The abbreviation NA means not applicable. The statute establishing the position of inspector general provides that appointment shall be made without regard to political party affiliation.

Table 51. Nuclear Regulatory Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

William C. Ostendorff

R

Member

Reappointment

04/14/11

06/30/11

77

Kristine L. Svinicki

R

Member

Reappointment

05/08/12

06/29/12

52

Allison M. Macfarlane

D

Member

Gregory B. Jaczko

05/24/12

06/29/12

36

Mean number of days to confirm a nomination

55.0

Source: Created by CRS.

Occupational Safety and Health Review Commission

The Occupational Safety and Health Review Commission consists of three members (political balance is not required) who serve six-year terms. When a term expires, the member must leave office. The President designates the chair. (29 U.S.C. §661)

Table 52. Full-Time Occupational Safety and Health Review Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Thomasina Rogers (Chair)

NA

07/31/03

04/27/15

III

Cynthia L. Attwood

NA

02/11/10

04/27/13

IV

Vacant

04/27/17

IV

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Occupational Safety and Health Review Commission is not required to be politically balanced.

Table 53. Occupational Safety and Health Review Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 112th Congress

Source: Created by CRS.

Postal Regulatory Commission

The Postal Regulatory Commission consists of five members (no more than three may be from the same political party) who serve six-year terms. After a term expires, a member may continue to serve until his or her successor takes office, but the member may not continue to serve for more than one year after the date upon which his or her term otherwise would expire. The President designates the chair, and the members select the vice chair. (39 U.S.C. §502)

Table 54. Full-Time Postal Regulatory Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Ruth Y. Goldway (Chair)

D

11/12/02

11/22/14

III

Robert G. Taub (Vice Chair)

R

09/26/11

10/14/16

IV

Tony Hammonda

R

11/12/02

10/14/12

IV

Mark D. Acton

R

08/03/06

10/14/16

IV

Nanci E. Langley

D

06/04/08

11/22/12

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 55. Postal Regulatory Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mark D. Acton

R

Commissioner

Reappointment

05/12/11

09/26/11

137

Robert G. Taub

R

Commissioner

Tony Hammond

05/12/11

09/26/11

137

Tony Hammond

R

Commissioner

Dan G. Blair

12/05/11

04/26/12

143

Mean number of days to confirm a nomination

139.0

Source: Created by CRS.

Privacy and Civil Liberties Oversight Board

The Privacy and Civil Liberties Oversight Board consists of five members (no more than three may be from the same political party) who serve six-year terms. When a term expires, the member may continue to serve until a successor takes office. Only the chair, who is appointed by the President with the advice and consent of the Senate, serves full time. (42 U.S.C. §2000ee)

The Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53, Title VIII, Section 801 (121 Stat. 352) established the Privacy and Civil Liberties Oversight Board. As of the end of the 112th Congress, four nominees were confirmed to the four part-time positions on the Board. Previously, the Privacy and Civil Liberties Oversight Board functioned as part of the White House Office in the Executive Office of the President. That board ceased functioning on January 30, 2008.

Table 56. Full-Time Privacy and Civil Liberties Oversight Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

01/29/12

III

Source: Created by CRS.

Table 57. Privacy and Civil Liberties Oversight Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

David Medine

D

Chair

New position

12/15/11

Returned 01/03/13a

David Medine

D

Chair

Reappointment

12/15/11

Returned 01/03/13a

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Railroad Retirement Board

The Railroad Retirement Board consists of three members (political balance is not required) who serve five-year terms. When a term expires, the member may continue to serve until a successor takes office. The President appoints the chair and an inspector general with the advice and consent of the Senate. (45 U.S.C. §231f and 5 U.S.C. App., Inspector General Act of 1978, §§3, 12)

Table 58. Full-Time Railroad Retirement Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board

 

 

 

 

Michael S. Schwartza (Chair; Member-at-Large)

NA

05/23/03

08/28/12

III

Jerome F. Kevera (Management Member)

NA

05/24/00

08/28/08

IV

Walter A. Barrows (Labor Member)

NA

09/26/11

08/28/14

IV

Inspector General

 

 

 

 

Martin J. Dickman

NA

10/08/94

Indefinite

III + 3%

Source: Created by CRS.

Notes: The abbreviation NA means not applicable. As noted above, the membership of the Railroad Retirement Board is not required to be politically balanced. The statute establishing the position of inspector general provides that appointment shall be made without regard to political party affiliation.

a. As of the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve in their respective positions under the holdover provision noted above.

Table 59. Railroad Retirement Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Walter A. Barrows

NA

Member

Virgil M. Speakman Jr.

03/02/11

09/26/11

208

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the Railroad Retirement Board is not required to be politically balanced.

Securities and Exchange Commission

The Securities and Exchange Commission consists of five members (no more than three may be from the same political party) who serve five-year terms. When a term expires, the member may continue to serve until the end of the next session of Congress, unless a successor is appointed before that time. The President designates the chair. (15 U.S.C. §78d)

Table 60. Full-Time Securities and Exchange Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Elisse B. Waltera (Chair)

D

07/25/02

06/05/12

III

Luis A. Aguilar

D

07/29/05

06/05/15

IV

Troy A. Paredes

R

06/27/08

06/05/13

IV

Daniel M. Gallagher Jr.

R

10/21/11

06/05/16

IV

Vacant

06/05/14

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 61. Securities and Exchange Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Luis A. Aguilar

D

Member

Reappointment

05/19/11

10/21/11

155

Daniel M. Gallagher Jr.

R

Member

Kathleen L. Casey

05/19/11

10/21/11

155

Source: Created by CRS.

Surface Transportation Board

The Surface Transportation Board, located within the Department of Transportation, consists of three members (no more than two may be from the same political party) who serve five-year terms. When a term expires, the member may continue to serve until a successor takes office but not for more than one year after expiration. The President designates the chair. (49 U.S.C. §701)

Table 62. Full-Time Surface Transportation Board Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Daniel R. Elliott III (Chair)

D

08/07/09

12/31/13

III

Francis P. Mulveya (Vice Chair)

D

05/21/04

12/31/12

IV

Ann D. Begeman

R

04/14/11

12/31/15

IV

Source: Created by CRS.

a. As of the end of the 112th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 63. Surface Transportation Board Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Ann D. Begeman

R

Member

Charles D. Nottingham

01/05/11

04/14/11

99

Source: Created by CRS.

United States International Trade Commission

The United States International Trade Commission consists of six members (no more than three may be from the same political party) who serve nine-year terms. A member of the commission who has served for more than five years is ineligible for reappointment. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair for two-year terms of office, but they may not belong to the same political party. The President may not designate a chair with less than one year of continuous service as a member. This restriction does not apply to the vice chair. (19 U.S.C. §1330)

Table 64. Full-Time United States International Trade Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Irving A. Williamson (Chair)

D

02/01/07

06/16/14

III

Daniel R. Pearsona (Vice Chair)

R

11/21/04

06/16/11

IV

Shara L. Aranoffa

D

07/29/05

12/16/12

IV

Dean A. Pinkert

D

02/01/07

12/16/15

IV

David S. Johanson

R

10/31/11

12/16/18

IV

Meredith M. Broadbent

R

08/02/12

06/16/17

IV

Source: Created by CRS.

a. At the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 65. United States International Trade Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

David S. Johanson

R

Member

Charlotte A. Lane

04/08/11

10/31/11

206

Meredith M. Broadbent

R

Member

Deanna T. Okun

11/08/11

08/02/12

268

F. Scott Kieff

R

Member

Daniel R. Pearson

09/11/12

Returned 01/03/13a

Mean number of days to confirm a nomination

237.0

Source: Created by CRS.

a. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

United States Parole Commission

The United States Parole Commission is an independent agency in the Department of Justice. The commission consists of five commissioners (political balance is not required) who serve for six-year terms. When a term expires, a member may continue to serve until a successor takes office. In most cases, a commissioner may serve no more than 12 years. However, Section 11017(c) of P.L. 110-273, enacted on November 2, 2002, provides that this limitation does not "apply to a person serving as Commissioner" when the act took effect. The President designates the chair (18 U.S.C. §4202). The commission was previously scheduled to be phased out, but Congress has extended its life several times. Under P.L. 112-44, Section 2 (125 Stat. 532), it was extended until November 1, 2013. (18 U.S.C. §3551)

Table 66. Full-Time United States Parole Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Isaac Fulwood Jr.a (Chair)

NA

11/21/04

12/11/10

IV

Cranston J. Mitchell (Vice Chair)

NA

03/06/03

08/07/13

V

Patricia K. Cushwaa

NA

11/21/04

12/11/10

V

J. Patricia Wilson Smoot

NA

09/16/10

11/01/16

V

Charles T. Massarone

NA

05/24/12

08/16/18

V

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the United States Parole Commission is not required to be politically balanced.

a. At the end of the 112th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision above.

Table 67. United States Parole Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Charles T. Massarone

NA

Commissioner

Edward F. Reilly Jr.

05/23/11

05/24/12

367

Source: Created by CRS.

Note: The abbreviation NA means not applicable. As noted above, the membership of the United States Parole Commission is not required to be politically balanced.

United States Sentencing Commission

The United States Sentencing Commission is a judicial branch agency that consists of seven voting members who are appointed to six-year terms and two nonvoting members. The seven voting members are appointed by the President, with the advice and consent of the Senate. Only the chair and three vice chairs, selected from among the members, serve full time. The President appoints the chair, with the advice and consent of the Senate, and designates the vice chairs. At least three members must be federal judges. No more than four members may be of the same political party. No more than two vice chairs may be of the same political party. No voting member may serve more than two full terms. When a term expires, an incumbent may continue to serve until he or she is reappointed, a successor takes office, or Congress adjourns sine die at the end of the session that commences after the expiration of the term, whichever is earliest. The Attorney General (or designee) serves ex officio as a nonvoting member (28 U.S.C. §§991-992). The chair of the United State Parole Commission also is an ex officio nonvoting member of the commission. (18 U.S.C. §3551 note)

Table 68. Full-Time United States Sentencing Commission Incumbents

(as of the end of the 112th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Patti B. Saris (Chair)

a

12/22/10

10/31/15

Same as rate for federal appeals court judges

William B. Carr Jr.b (Vice Chair)

a

11/20/08

10/31/11

Ketanji B. Jackson (Vice Chair)

a

02/11/10

10/31/13

Vacant (Vice Chair)

a

10/31/15

Source: Created by CRS.

a. Party balance is statutorily required, as discussed above, but the commission staff did not release this information.

b. At the end of the 112th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision above.

Table 69. United States Sentencing Commission Appointment Action During the 112th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Charles R. Breyer

a

Member

Ruben Castillo

04/25/12

Returned 01/03/13b

Source: Created by CRS.

a. Party balance is statutorily required, as discussed above, but the commission staff does not release this information.

b. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

Appendix A. Summary of All Nominations and Appointments to Collegial Boards and Commissions

Table A-1. Nominations and Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 112th Congress

Nominee/
Recess Appointee

Board/
Commissiona

Date Nominated

Date Confirmed

Days to Confirm

Mark D. Acton

PRC

05/12/11

09/26/11

137

Luis A. Aguilar

SEC

05/19/11

10/21/11

155

Constance S. Barker

EEOC

05/19/11

09/26/11

130

Walter A. Barrows

RRB

03/02/11

09/26/11

208

Thomas M. Beck

NMB

01/05/11

Withdrawn 04/26/12

Craig Becker

NLRB

01/26/11

Withdrawn 12/15/11

Ann D. Begeman

STB

01/05/11

04/14/11

99

Sharon Block

NLRB

12/15/11

Returned 01/03/13

Sharon Block

NLRB

Recess appointment 01/04/12b

Sharon Block

NLRB

02/13/12

Returned 01/03/13

Gineen M. Bresso

EAC

03/17/11

Withdrawn 01/24/12

Charles R. Breyer

USSC

04/25/12

Returned 01/03/13

Meredith M. Broadbent

USITC

11/08/11

08/02/12

268

Anthony T. Clark

FERC

01/24/12

05/24/12

121

Mignon L. Clyburn

FCC

06/07/12

01/01/13

208

Robert F. Cohen Jr.

FMSHRC

11/15/12

Returned 01/03/13

Mario Cordero

FMC

01/26/11

04/14/11

78

Peter A. Diamond

FRS

01/05/11

Withdrawn 06/09/11

William P. Doyle

FMC

02/13/12

01/01/13

323

Ernest W. Dubester

FLRA

12/21/12

Returned 01/03/13

Rebecca F. Dye

FMC

01/26/11

04/14/11

78

Richard J. Engler

CSB

12/17/12

Returned 01/03/13

Timothy J. Feighery (Chair)

FCSC

01/05/11

03/10/11

64

Timothy J. Feighery (Chair)

FCSC

11/15/12

Returned 01/03/13

Wanda Felton
(Vice President/Vice Chair)

EXIMBANK

04/08/11

05/26/11

48

Terence F. Flynn

NLRB

01/05/11

Withdrawn 06/07/12

Terence F. Flynn

NLRB

Recess appointment 01/04/12b

Terence F. Flynn

NLRB

02/13/12

Withdrawn 06/07/12

Daniel M. Gallagher Jr.

SEC

05/19/11

10/21/11

155

Nicholas C. Geale

NMB

12/17/12

Returned 01/03/13

Richard F. Griffin Jr.

NLRB

12/15/11

Returned 01/03/13

Richard F. Griffin Jr.

NLRB

Recess appointment 01/04/12b

Richard F. Griffin Jr.

NLRB

02/13/12

Returned 01/03/13

Martin J. Gruenberg (Chair)

FDIC

06/13/11

11/15/12

521

Martin J. Gruenberg

FDIC

06/13/11

03/29/12

290

Tony Hammond

PRC

12/05/11

04/26/12

143

Deborah A. P. Hersman (Chair)

NTSB

06/30/11

08/02/11

33

Thomas Hicks

EAC

05/04/11

Returned 01/03/13

Thomas M. Hoenig (Vice Chair)

FDIC

10/20/11

11/15/12

392

Thomas M. Hoenig

FDIC

10/20/11

Withdrawn 11/01/11

Thomas M. Hoenig

FDIC

11/01/11

03/29/12

149

Harry R. Hoglander

NMB

05/19/11

Returned 01/03/13

David S. Johanson

USITC

04/08/11

10/31/11

206

Michael A. Khouri

FMC

09/06/11

11/18/11

73

F. Scott Kieff

USITC

09/11/12

Returned 01/03/13

Jon D. Leibowitz

FTC

03/04/11

03/29/12

391

Carla M. Leon-Decker

NCUA

10/20/11

Withdrawn 03/12/12

Richard A. Lidinsky Jr.

FMC

02/13/12

Returned 01/03/13

Patricia M. Loui

EXIMBANK

05/19/11

11/01/11

166

Allison M. Macfarlane

NRC

05/24/12

06/29/12

36

Charles T. Massarone

USPC

05/23/11

05/24/12

367

David Medine (Chair)

PCLOB

12/15/11

Returned 01/03/13

David Medine (Chair)

PCLOB

12/15/11

Returned 01/03/13

Sean R. Mulvaney

EXIMBANK

04/08/11

05/26/11

48

John R. Norris

FERC

02/06/12

05/24/12

108

Jeremiah O. Norton

FDIC

02/06/12

03/29/12

52

Maureen K. Ohlhausen

FTC

07/21/11

03/29/12

252

William C. Ostendorff

NRC

04/14/11

06/30/11

77

Ajit V. Pai

FCC

11/01/11

05/07/12

188

Myrna Perez

EAC

03/17/11

Returned 01/03/13

Myrna Perez

EAC

03/17/11

Returned 01/03/13

Carol W. Pope

FLRA

12/21/12

Returned 01/03/13

Jerome H. Powell

FRS

01/24/12

05/17/12

114

Linda A. Puchala

NMB

12/17/12

Returned 01/03/13

Mark A. Robbins

MSPB

12/05/11

04/26/12

143

Marietta S. Robinson

CPSC

01/24/12

Returned 01/03/13

Beth J. Rosenberg

CSB

09/19/12

01/01/13

104

Jessica Rosenworcel

FCC

11/01/11

05/07/12

188

Lafe E. Solomon
(General Counsel)

NLRB

01/05/11

Returned 01/03/13

Jeremy C. Stein

FRS

01/24/12

05/17/12

114

Sean Sullivan

DNFSB

04/26/12

08/02/12

98

Robert L. Sumwalt III

NTSB

10/12/11

11/18/11

37

Kristine L. Svinicki

NRC

05/08/12

06/29/12

52

Robert G. Taub

PRC

05/12/11

09/26/11

137

Larry Walther

EXIMBANK

07/22/11

11/01/11

102

Mark P. Wetjen

CFTC

05/12/11

10/21/11

162

S. Roy Woodall Jr.

FSOC

06/27/11

09/26/11

91

Joshua D. Wright

FTC

09/11/12

01/01/13

112

Jenny R. Yang

EEOC

08/02/12

Returned 01/03/13

Mean number of days to confirm

156.0

Median number of days to confirm

130.0

Source: Table created by CRS using data found in the Senate nominations database of the Legislative Information System at http://www.lis.gov/nomis/.

a. The key to the agency acronyms appears in Appendix B.

b. President Obama recess appointed Sharon Block, Terence F. Flynn, and Richard F. Griffin Jr. to be members of the National Labor Relations Board on January 4, 2012. The Supreme Court later found these appointments to be constitutionally invalid. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Table A-2. Appointment Action, Regulatory and Other Collegial Boards and Commissions, 112th Congress

Board/
Commissiona

Total Member, IG, & GC Positionsb

Vacant Positionsc

Incumbent Serving; Term Expired

Nominations Submitted

Individual Nominees

Positions to Which Nominations Were Maded

Nominations Confirmed

Nominations Returned

Nominations Withdrawn

Recess Appointmentse

CSB

5

2

0

2

2

2

1

1

0

0

CFTC

5

0

1

1

1

1

1

0

0

0

CPSC

5

2

1

1

1

1

0

1

0

0

DNFSB

5

0

2

1

1

1

1

0

0

0

EAC

4

4

0

4

3

3

0

3

1

0

EEOC

6

1

0

2

2

2

1

1

0

0

EXIMBANK

6

0

0

4

4

4

4

0

0

0

FCA

3

0

1

0

0

0

0

0

0

0

FCC

5

0

0

3

3

3

3

0

0

0

FDIC

4

0

0

6

3

3

5

0

1

0

FEC

6

0

5

0

0

0

0

0

0

0

FERC

5

0

0

2

2

2

2

0

0

0

FLRA

4

1

2

2

2

2

0

2

0

0

FMC

5

0

0

5

5

5

4

1

0

0

FMSHRC

5

2

0

1

1

1

0

1

0

0

FRS

7

0

1

3

3

2

2

0

1

0

FTC

5

0

0

3

3

3

3

0

0

0

FSOC

1

0

0

1

1

1

1

0

0

0

FCSC

1

0

1

2

1

1

1

1

0

0

MSPB

3

0

0

1

1

1

1

0

0

0

NCUA

3

1

0

1

1

1

0

0

1

0

NLRB

6

2

0

11

5

5

0

5

3

3

NMB

3

1

2

4

4

1

0

3

1

0

NTSB

5

0

0

2

2

2

2

0

0

0

NRC

6

0

0

3

3

3

3

0

0

0

OSHRC

3

1

0

0

0

0

0

0

0

0

PRC

5

0

1

3

3

3

3

0

0

0

PCLOB

1

1

0

2

1

1

0

2

0

0

RRB

4

0

2

1

1

1

1

0

0

0

SEC

5

1

1

2

2

2

2

0

0

0

STB

3

0

1

1

1

1

1

0

0

0

USITC

6

0

2

3

3

3

2

1

0

0

USPC

5

0

2

1

1

1

1

0

0

0

USSC

4

1

1

1

1

1

0

1

0

0

Total

149

20

26

76

67

63

45

23

8

3

Source: Table created by CRS using data compiled for this report.

a. The key to the agency acronyms may be found in Appendix B.

b. This column includes the total number of member, inspector general (IG), and general counsel (GC) positions in each agency that are filled through the advice and consent process. For some agencies, appointment of an individual to be chair (or vice chair) requires two nominations: one to be a member and the other to be chair. This column does not count such a chair or vice chair slot as an additional position because the role is filled by an individual who serves simultaneously as a sitting member.

c. As of the end of the 112th Congress.

d. For some agencies, appointment of an individual to be chair requires two separate nominations: one to be a member and the other to be chair. This column counts such instances as two positions to which nominations were made. For those agencies in which members have fixed terms, a single individual may be nominated for successive terms in a single membership seat. This column counts such instances as one position to which a nomination was made.

e. President Obama recess appointed Sharon Block, Terence F. Flynn, and Richard F. Griffin Jr. to be members of the National Labor Relations Board on January 4, 2012. The Supreme Court later found these appointments to be constitutionally invalid. For more information, see CRS Report R43032, Practical Implications of Noel Canning on the National Labor Relations Board: In Brief, by [author name scrubbed] and [author name scrubbed] and CRS Report RL33009, Recess Appointments: A Legal Overview, by [author name scrubbed].

Appendix B. Board and Commission Abbreviations

Table B-1. Board and Commission Abbreviations

CSB

Chemical Safety and Hazard Investigation Board

CFTC

Commodity Futures Trading Commission

CPSC

Consumer Product Safety Commission

DNFSB

Defense Nuclear Facilities Safety Board

EAC

Election Assistance Commission

EEOC

Equal Employment Opportunity Commission

EXIMBANK

Export-Import Bank

FCA

Farm Credit Administration

FCC

Federal Communications Commission

FDIC

Federal Deposit Insurance Corporation, Board of Directors

FEC

Federal Election Commission

FERC

Federal Energy Regulatory Commission

FLRA

Federal Labor Relations Authority

FMC

Federal Maritime Commission

FMSHRC

Federal Mine Safety and Health Review Commission

FRS

Federal Reserve System, Board of Governors

FTC

Federal Trade Commission

FSOC

Financial Stability Oversight Council

FCSC

Foreign Claims Settlement Commission

MSPB

Merit Systems Protection Board

NCUA

National Credit Union Administration, Board of Directors

NLRB

National Labor Relations Board

NMB

National Mediation Board

NTSB

National Transportation Safety Board

NRC

Nuclear Regulatory Commission

OSHRC

Occupational Safety and Health Review Commission

PRC

Postal Regulatory Commission

PCLOB

Privacy and Civil Liberties Oversight Board

RRB

Railroad Retirement Board

SEC

Securities and Exchange Commission

STB

Surface Transportation Board

USITC

United States International Trade Commission

USPC

United States Parole Commission

USSC

United States Sentencing Commission

Source: Created by CRS.

Acknowledgments

[author name scrubbed], specialist in American National Government, provided some of the information in this report. Maureen Bearden, who is no longer at CRS, assisted in the collection of data used in this report.

Footnotes

1.

A collection of such reports may be found at http://crs.gov/pages/subissue.aspx?cliid=2153&parentid=12&preview=False.

2.

Exceptions are as follows: (1) the Federal Energy Regulatory Commission (FERC), located in the Department of Energy (DOE); (2) the Foreign Claims Settlement Commission (FCSC) and (3) the United States Parole Commission (USPC), both located in the Department of Justice (DOJ); and (4) the Surface Transportation Board (STB), located in the Department of Transportation (DOT). FERC's enabling statute designated it as an independent entity in DOE and provided that its members and employees are not subject to the supervision or direction of department officials (42 U.S.C. §7171(d)). The FCSC was designated as an independent entity within DOJ with a specific provision that decisions of the commission with respect to claims shall not be subject to review by the Attorney General (22 U.S.C. §1622g). The enabling statute of the USPC established it as an independent agency within DOJ (18 U.S.C. §4202). The enabling statute of the STB provided that "members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent" of DOT (49 U.S.C. §703(c)).

3.

For 3 of these 26 organizations—the Election Assistance Commission, the Federal Election Commission, and the United States International Trade Commission—the number of member positions is even and no more than half may be of the same party.

4.

The enabling statutes for some boards and commissions provide for the continuation of a member's service past the end of his or her term for an additional specified period of time or until replaced by a successor. Such provisions are known as holdover provisions. A member of the Defense Nuclear Facilities Safety Board, for example, serves for a term of five years but "may serve after the expiration of that member's term until a successor has taken office" (42 U.S.C. §2286(d)(3)).

5.

This median is the middle number when the days to confirm data for all the confirmed nominations are arranged in numerical order.

6.

This report was compiled from data from the Senate nominations database of the Legislative Information System http://www.congress.gov/nomis/, telephone discussions with agency officials, agency websites, the United States Code, and the 2012 Plum Book (U.S. Congress, House Committee on Oversight and Governmental Reform, United States Government Policy and Supporting Positions, 112th Cong., 2nd sess., Committee Print, December 1, 2012 [Washington: GPO, 2012]).

7.

The annual pay rates for the Executive Schedule, as of the end of the 112th Congress (2012), were as follows: Level I, $199,700; Level II, $179,700; Level III, $165,300; Level IV, $155,500; and Level V, $145,700. U.S. Office of Personnel Management, "Salary Table No. 2012-EX," available at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/executive-senior-level/rates-of-basic-pay-for-the-executive-schedule/.

8.

This median is the middle number when the days to confirm data for all the confirmed nominations are arranged in numerical order.