Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 113th Congress

May 20, 2015 (R44043)

Contents

Tables

Appendixes

Summary

The President makes appointments to certain 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 113th 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 113th Congress, incumbents' parties (where balance is required), and appointment action within each board or commission. Additional summary information across all 34 boards and commissions appears in the appendix.

During the 113th Congress, the President submitted 114 nominations to the Senate for full-time positions on these boards and commissions (most of the remaining positions on these boards and commissions were not vacant during that time). Of these 114 nominations, 77 were confirmed, 7 were withdrawn, and 30 were returned to the President. At the end of the 113th Congress, 24 incumbents were serving past the expiration of their terms. In addition, there were 22 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, 113th Congress

Introduction

The President is responsible for appointing individuals to certain positions in 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 113th Congress, all nominations submitted to the Senate for full-time positions on 34 regulatory and other collegial boards and commissions.

This report includes information 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 113th 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 113th Congress and the pay levels of those positions. The second table for each board or commission tracks appointment activity within the 113th 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).1 In some instances, no appointment action occurred within a board or commission during the 113th 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).

Congressional Research Service (CRS) reports regarding the presidential appointments process, nomination activity for other executive branch positions, recess appointments, and other related matters may be found at http://www.crs.gov.2

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;3 (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 (SEC) 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 bare majority of the appointed members (e.g., two of three or three of five).4 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 113th Congress

During the 113th Congress, President Barack H. Obama submitted nominations to the Senate for 86 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 114 nominations for these positions, of which 77 were confirmed, 7 were withdrawn, 30 were returned to the President, and no recess appointments were made. 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 nominated an individual for both the end of a term in progress and a reappointment for the succeeding term. In other cases, the President submitted a second nomination after his first choice failed to be confirmed. Table 1 summarizes the appointment activity for the 113th Congress. At the end of the Congress, 24 incumbents were serving past the expiration of their terms.5 In addition, there were 22 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 confirmed in the 113th Congress, the number of days between nomination and confirmation (days to confirm). For those nominations confirmed, a mean (average) of 124.2 days elapsed from nomination to confirmation. The median6 number of days elapsed was 112.0. The difference between these two numbers suggests the mean was pulled upward by a small amount of unusually high numbers.

Table 1. Appointment Action to Full-Time Positions for Regulatory and Other Collegial Boards and Commissions

(113th Congress, 2013-2014)

Positions on Boards and Commissions (Total)

149

Positions to which nominations were made

86

Individual nominees

85

Nominations Submitted to the Senate During the 113th Congress (Total)

114

Disposition of nominations

 

Confirmed by the Senate

77

Withdrawn

7

Returned

30

Recess Appointments

0

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

Organization of the Report

Board and Commission Profiles

Each of the 34 board or commission profiles in this report is organized into three parts: (1) a paragraph discussing the body's leadership structure, (2) a table identifying its membership as of the end of the 113th Congress, and (3) a table listing nominations and appointments to its vacant positions during the 113th 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.

Data7 on appointment actions during the 113th Congress appear under both the "Membership as of the End of the 113th Congress" and the "Appointment Action in the 113th Congress" sections. The former identifies the agencies' positions requiring Senate confirmation and the incumbents in those positions as of the end of the 113th 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).

Both sections 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.8

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 from submission to 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.

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 elapsed from 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 113th 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, rejected, or if a recess appointment was made. In addition, it provides the mean and median number of days taken to confirm a nomination.9

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Rafael Moure-Eraso (Chair)

NA

06/23/10

6/24/15

IV

Mark A. Griffon

NA

06/23/10

6/24/15

IV

Manuel H. Ehrlich

NA

12/16/14

12/21/19

IV

Vacanta

NA

IV

Vacant

NA

IV

Source: Created by CRS.

Notes: 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.

a. Richard J. Engler was confirmed at the end of the 113th Congress on December 16, 2014, but was not appointed to begin his term as a member until February 5, 2015, in the 114th Congress. The term to which Engler was confirmed expires on February 4, 2020.

Table 3. Chemical Safety and Hazard Investigation Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Richard J. Engler

NA

Member

William E. Wright

01/22/13

Returned 01/03/14a

Richard J. Engler

NA

Member

William E. Wright

01/06/14

12/16/14

344

Manuel H. Ehrlich

NA

Member

John S. Bresland

01/30/14

12/16/14

320

Mean number of days to confirm a nomination

332.0

Source: Created by CRS.

Notes: 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 and 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Timothy G. Massad (Chair)

D

06/03/14

04/13/17

III

Mark P. Wetjen

D

10/21/11

06/19/16

IV

Sharon Y. Bowen

D

06/03/14

04/13/18

IV

J. Christopher Giancarlo

R

06/03/14

04/13/19

IV

Vacant

04/13/15

IV

Source: Created by CRS.

Table 5. Commodity Futures Trading Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

J. Christopher Giancarlo

R

Commissioner

Jill E. Sommers

08/01/13

Returned 01/03/14a

Timothy G. Massad

D

Commissioner

Gary Gensler

11/13/13

Returned 01/03/14a

Timothy G. Massad

D

Chair

Gary Gensler

11/13/13

Returned 01/03/14a

Timothy G. Massad

D

Commissioner

Gary Gensler

01/06/14

06/03/14

148

Timothy G. Massad

D

Chair

Gary Gensler

01/06/14

06/03/14

148

J. Christopher Giancarlo

R

Commissioner

Jill E. Sommers

01/06/14

06/03/14

148

Sharon Y. Bowen

D

Commissioner

Bartholomew H. Chilton

01/07/14

06/03/14

147

J. Christopher Giancarlo

R

Commissioner

Reappointment

05/05/14

06/03/14

29

Mean number of days to confirm a nomination

124.0

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Elliot F. Kaye (Chair)

D

07/28/14

10/26/20

III

Ann Marie Buerkle

R

06/27/13

10/26/18

IV

Marietta S. Robinson

D

06/27/13

10/26/18

IV

Joseph Mohorovic

R

07/28/14

10/26/19

IV

Robert S. Adler

D

08/07/09

10/26/21

IV

Source: Created by CRS.

Table 7. Consumer Product Safety Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Marietta S. Robinson

D

Commissioner

Thomas H. Moore

01/24/13

06/27/13

154

Ann Marie Buerkle

R

Commissioner

Ann M. Northrup

05/23/13

06/27/13

35

Joseph P. Mohorovic

R

Commissioner

Nancy N. Nord

11/07/13

Returned 01/03/14a

Joseph P. Mohorovic

R

Commissioner

Nancy N. Nord

01/06/14

07/28/14

203

Elliot F. Kaye

D

Commissioner

Inez M. Tenenbaum

03/31/14

07/28/14

119

Elliot F. Kaye

D

Chair

Inez M. Tenenbaum

03/31/14

07/28/14

119

Robert S. Adler

D

Commissioner

Reappointment

05/15/14

12/02/14

201

Mean number of days to confirm a nomination

138.5

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Peter S. Winokur (Chair)a

D

09/29/06

10/18/14

III

Jessie H. Roberson (Vice Chair)a

D

10/29/99b

10/18/13

III

Sean Sullivan

R

08/02/12

10/18/15

III

Daniel J. Santos

D

12/16/14

10/18/17

III

Vacant

10/18/16

III

Source: Created by CRS.

a. At the end of the 113th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

b. 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.

Table 9. Defense Nuclear Facilities Safety Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Kenneth L. Mossman

R

Member

John E. Mansfield

07/31/13

11/14/13

106

Jessie H. Roberson

D

Member

Reappointment

06/05/14

Returned 12/17/14a

Daniel J. Santos

D

Member

Joseph F. Bader

06/05/14

12/16/14

194

Mean number of days to confirm a nomination

150.0

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacanta (Chair)

12/12/15

IV

Vacantb (Vice-Chair)

12/12/17

IV

Vacantc

12/12/17

IV

Vacant

12/12/15

IV

Source: Created by CRS.

a. Christy A. McCormick, a Republican, was confirmed at the end of the 113th Congress on December 16, 2014, but was not appointed to begin her term as a member until January 13, 2015, in the 114th Congress. The term to which McCormick was confirmed expires on December 12, 2015.

b. Thomas Hicks, a Democrat, was confirmed at the end of the 113th Congress on December 16, 2014, but was not appointed to begin his term as a member until January 13, 2015, in the 114th Congress. The term to which Hicks was confirmed expires on December 12, 2017.

c. Matthew V. Masterson, a Republican, was confirmed at the end of the 113th Congress on December 16, 2014, but was not appointed to begin his term as a member until January 13, 2015, in the 114th Congress. The term to which Masterson was confirmed expires on December 12, 2017.

Table 11. Election Assistance Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Thomas Hicks

D

Member

Gracia M. Hillman

06/07/13

Returned 01/03/14a

Thomas Hicks

D

Member

Reappointment

06/07/13

Returned 01/03/14a

Myrna Perez

D

Member

Rosemary E. Rodriguez

06/07/13

Returned 01/03/14a

Myrna Perez

D

Member

Rosemary E. Rodriguez

01/06/14

Withdrawn 11/19/14

Thomas Hicks

D

Member

Gracia M. Hillman

01/06/14

12/16/14

344

Matthew V. Masterson

R

Member

Gineen B. Beach

07/17/14

12/16/14

152

Christy A. McCormick

R

Member

Donetta Davidson

07/17/14

12/16/14

152

Matthew S. Butler

D

Member

Rosemary E. Rodriguez

11/19/14

Returned 12/17/14a

Mean number of days to confirm a nomination

216.0

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Jenny R. Yang (Chair)

D

04/25/13

07/01/17

III

Victoria A. Lipnic

R

12/22/10

07/01/15

IV

Constance S. Barker

R

06/27/08

07/01/16

IV

Chai R. Feldblum

D

12/22/10

07/01/18

IV

Vacanta

07/01/19

IV

General Counsel

 

 

 

 

P. David Lopez

NA

12/22/10

4 years from appointment

V

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.

a. Charlotte A. Burrows, a Democrat, was confirmed at the end of the 113th Congress on December 3, 2014, but was not appointed to begin her term as a member until January 13, 2015, in the 114th Congress. The term to which Burrows was confirmed expires on July 1, 2019.

Table 13. Equal Employment Opportunity Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jenny R. Yang

D

Member

Stuart Ishimaru

01/22/13

04/25/13

93

Chai R. Feldblum

D

Member

Reappointment

05/23/13

12/12/13

203

P. David Lopez

NA

General Counsel

Reappointment

07/31/14

12/03/14

125

Charlotte A. Burrows

D

Member

Jacqueline A. Berrien

09/15/14

12/03/14

79

Mean number of days to confirm a nomination

125.0

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board of Directors

 

 

 

 

Fred P. Hochberg (President/Chair)

D

05/14/09

01/20/17

III

Wanda Felton (Vice President/Vice Chair)

D

05/26/11

01/20/17

IV

Sean R. Mulvaney

R

05/26/11

01/20/15

IV

Patricia M. Loui

D

11/01/11

01/20/15

IV

Vacant

01/20/13

IV

Inspector General

 

 

 

 

Vacant

NA

 

Indefinite

III + 3%a

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. 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Fred P. Hochberg

D

President/Chair

Reappointment

03/21/13

07/17/13

118

Wanda Felton

D

Vice President/Vice Chair

Reappointment

07/09/13

Returned 01/03/14a

Wanda Felton

D

Vice President/Vice Chair

Reappointment

01/06/14

04/09/14

93

Mean number of days to confirm a nomination

105.5

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.

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 by the President 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Jill L. Thompson (Chair)a

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 113th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 17. Farm Credit Administration Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Dallas P. Tonsager

D

Member

Jill L. Thompson

09/18/14

Returned 12/17/14a

Jeffery S. Hall

R

Member

Leland A. Strom

11/12/14

Returned 12/17/14a

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 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Thomas E. Wheeler (Chair)

D

10/29/13

06/30/18

III

Jessica Rosenworcel

D

05/07/12

06/30/15

IV

Ajit V. Pai

R

05/07/12

06/30/16

IV

Mignon L. Clyburn

D

07/24/09

06/30/17

IV

Michael P. O'Rielly

R

10/29/13

06/30/19

IV

Source: Created by CRS.

Table 19. Federal Communications Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Thomas E. Wheeler

D

Member

Julius Genachowski

05/09/13

Withdrawn 11/07/13

Thomas E. Wheeler

D

Member

Reappointment

05/09/13

10/29/13

173

Michael P. O'Rielly

R

Member

Robert M. McDowell

08/01/13

10/29/13

89

Michael P. O'Rielly

R

Member

Reappointment

11/12/14

12/16/14

34

Mean number of days to confirm a nomination

98.7

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 113th 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. Nortonb

R

03/29/12

07/15/13

IV

Inspector General

 

 

 

 

Vacant

NA

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 on November 16, 2017.

b. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 21. Federal Deposit Insurance Corporation Board of Directors Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jay N. Lerner

NA

Inspector General

Jon T. Rymer

11/12/14

Returned 12/17/14a

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

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Lee E. Goodman (Chair)

R

09/23/13

04/30/15

IV

Ann M. Ravel (Vice Chair)

D

09/23/13

04/30/17

IV

Ellen L. Weintrauba

D

03/18/03

04/30/07

IV

Steven T. Walthera

I

06/24/08

04/30/09

IV

Matthew S. Petersena

R

06/24/08

04/30/11

IV

Caroline C. Huntera

R

06/24/08

04/30/13

IV

Source: Created by CRS.

a. As of the end of the 113th 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Ann M. Ravel

D

Member

Cynthia L. Bauerly

06/24/13

09/23/13

91

Lee E. Goodman

R

Member

Donald F. McGahn

06/24/13

09/23/13

91

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Cheryl A. LaFleur (Chair)

D

06/22/10

06/30/19

III

Philip D. Moeller

R

07/14/06

06/30/15

IV

Anthony T. Clark

R

05/24/12

06/30/16

IV

Norman Bay

D

07/15/14

06/30/18

IV

Vacanta

06/30/17

IV

Source: Created by CRS.

a. Colette D. Honorable, a Democrat, was confirmed at the end of the 113th Congress on December 16, 2014, but was not appointed to begin her term as a member until January 5, 2015, in the 114th Congress. The term to which Honorable was confirmed expires on June 30, 2017.

Table 25. Federal Energy Regulatory Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Ronald J. Binz

D

Member

Jon Wellinghoff

06/27/13

Withdrawn 10/28/13

Norman C. Bay

D

Member

Jon Wellinghoff

01/30/14

07/15/14

166

Cheryl A. LaFleur

D

Member

Reappointment

05/05/14

07/15/14

71

Colette D. Honorable

D

Member

John R. Norris

09/08/14

12/16/14

99

Mean number of days to confirm a nomination

112.0

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 expires, 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Members

 

 

 

 

Carol W. Popea (Chair)

D

10/26/00

07/01/14

IV

Patrick Pizzella

R

10/16/13

07/01/15

V

Ernest DuBester

D

08/07/09

07/29/17

V

General Counsel

 

 

 

 

Julia A. Clark

NA

08/07/09

5 years from appointment

V

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.

a. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 27. Federal Labor Relations Authority Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Carol W. Pope

D

Member

Reappointment

01/22/13

10/16/13

267

Ernest W. Dubester

D

Member

Reappointment

03/07/13

10/16/13

223

Patrick Pizzella

R

Member

Thomas M. Beck

08/01/13

10/16/13

76

Julia A. Clark

NA

General Counsel

Reappointment

02/12/14

07/23/14

161

Mean number of days to confirm a nomination

181.8

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mario Cordero (Chair)a

D

04/14/11

06/30/14

III

Richard A. Lidinsky, Jr.a

D

07/24/09

06/30/12

IV

William P. Doylea

D

01/01/13

06/30/13

IV

Rebecca F. Dye

R

11/14/02

06/30/15

IV

Michael A. Khouri

R

12/24/09

06/30/16

IV

Source: Created by CRS.

a. As of the end of the 113th Congress, the terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 29. Federal Maritime Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

William P. Doyle

D

Commissioner

Reappointment

01/30/14

Returned 12/17/14a

Mario Cordero

D

Commissioner

Reappointment

09/18/14

Returned 12/17/14a

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

NA

08/30/14

III

Patrick K. Nakamura (Acting Chair)

NA

03/19/10

08/30/16

IV

Robert F. Cohen, Jr.

NA

03/13/08

08/30/18

IV

William I. Althen

NA

08/01/13

08/30/18

IV

Vacant

NA

08/30/14

IV

Source: Created by CRS.

Notes: 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Robert F. Cohen Jr.

NA

Member

Reappointment

01/22/13

08/01/13

191

William I. Althen

NA

Member

Michael F. Duffy

05/23/13

08/01/13

70

Mary L. Jordan

NA

Member

Reappointment

07/31/14

Returned 12/17/14a

Michael G. Young

NA

Member

Reappointment

09/10/14

Returned 12/17/14a

Mean number of days to confirm a nomination

130.5

Source: Created by CRS.

Notes: 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Janet L. Yellen (Chair)

NA

09/29/10

01/31/24a

I

Stanley Fischer (Vice Chair)

NA

05/21/14

01/31/20a

II

Daniel K. Tarullo

NA

01/27/09

01/31/22

II

Lael Brainard

NA

06/12/14

01/31/26

II

Jerome H. Powell

NA

05/17/12

01/31/28

II

Vacant

NA

01/31/16

II

Vacant

NA

01/31/18

II

Source: Created by CRS.

Notes: 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. Yellen's term as a member expires on January 31, 2024. Her current term as chair expires on February 3, 2018. Fischer's term as a member expires on January 31, 2020. His current term as vice chair expires on June 12, 2018.

Table 33. Federal Reserve System Board of Governors Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Janet L. Yellen

NA

Chair

Ben S. Bernanke

10/09/13

01/06/14

89

Stanley Fischer

NA

Vice Chair

Janet L. Yellen

01/13/14

06/12/14

150

Stanley Fischer

NA

Member

Ben S. Bernanke

01/13/14

05/21/14

128

Lael Brainard

NA

Member

Elizabeth A. Duke

01/13/14

06/12/14

150

Jerome H. Powell

NA

Member

Reappointment

01/16/14

06/12/14

147

Mean number of days to confirm a nomination

132.8

Source: Created by CRS.

Notes: 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Edith Ramirez (Chair)

D

03/03/10

09/25/15

III

Julie S. Brill

D

03/03/10

09/25/16

IV

Terrell McSweeny

D

04/09/14

09/25/17

IV

Maureen K. Ohlhausen

R

03/29/12

09/25/18

IV

Joshua D. Wright

R

01/01/13

09/25/19

IV

Source: Created by CRS.

Table 35. Federal Trade Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Terrell McSweeny

D

Commissioner

Jon D. Leibowitz

06/24/13

Returned 01/03/14a

Terrell McSweeny

D

Commissioner

Jon D. Leibowitz

01/06/14

04/09/14

93

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.

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 113th 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.

Notes: 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 113th Congress

Source: Created by CRS.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

NA

09/30/15

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.

Table 39. Foreign Claims Settlement Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 113th Congress

Source: Created by CRS.

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 113th 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)a

D

11/05/09

03/01/14

IV

Mark A. Robbins

R

04/26/12

03/01/18

IV

Source: Created by CRS.

a. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 41. Merit Systems Protection Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 113th Congress

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Deborah Matz (Chair)

D

03/22/02a

04/10/15

III

Richard T. Metsger (Vice Chair)

D

08/01/13

08/02/17

IV

J. Mark McWatters

R

06/19/14

08/02/19

IV

Source: Created by CRS.

a. Matz previously served as a member on the board with a term expiring on August 2, 2005. She was confirmed to her current term on August 7, 2009.

Table 43. National Credit Union Administration Board of Directors Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Richard T. Metsger

D

Member

Gigi Hyland

05/16/13

08/01/13

77

J. Mark McWatters

R

Member

Michael E. Fryzel

01/07/14

06/19/14

163

Mean number of days to confirm a nomination

120.0

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board

 

 

 

 

Mark G. Pearce (Chair)

D

06/22/10

08/27/18

III

Harry I. Johnson, III

R

07/30/13

08/27/15

IV

Kent Y. Hirozawa

D

07/30/13

08/27/16

IV

Philip A. Miscimarra

R

07/30/13

12/16/17

IV

Lauren M. McFerran

D

12/08/14

12/16/19

IV

General Counsel

 

 

 

 

Richard F. Griffin, Jr.

NA

10/29/13

4 years from appointment

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.

Table 45. National Labor Relations Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Richard F. Griffin, Jr.

D

Member

Wilma B. Liebman

02/13/13

Withdrawn 07/16/13

Sharon Block

D

Member

Craig Becker

02/13/13

Withdrawn 07/16/13

Harry I. Johnson III

R

Member

Terence F. Flynn

04/09/13

07/30/13

112

Philip A. Miscimarra

R

Member

Brian Hayes

04/09/13

07/30/13

112

Mark G. Pearce

D

Member

Reappointment

04/09/13

07/30/13

112

Lafe E. Solomon

NA

General Counsel

Ronald E. Meisburg

05/23/13

Withdrawn 08/01/13

Kent Y. Hirozawa

D

Member

Richard F. Griffin, Jr.

07/16/13

07/30/13

14

Nancy J. Schiffer

D

Member

Sharon Block

07/16/13

07/30/13

14

Richard F. Griffin, Jr.

NA

General Counsel

Ronald E. Meisburg

08/01/13

10/29/13

89

Sharon Block

D

Member

Nancy J. Schiffer

07/14/14

Withdrawn 11/12/14

Lauren M. McFerran

D

Member

Nancy J. Schiffer

11/12/14

12/08/14

26

Mean number of days to confirm a nomination

68.4

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Harry R. Hoglandera (Chair)

D

08/01/02

07/01/14

III

Linda A. Puchala

D

05/21/09

07/01/15

IV

Nicholas C. Geale

R

08/01/13

07/01/16

IV

Source: Created by CRS.

a. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 47. National Mediation Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Nicholas C. Geale

R

Member

Elizabeth Dougherty

01/24/13

Returned 01/03/14a

Harry R. Hoglander

D

Member

Reappointment

04/11/13

08/01/13

112

Linda A. Puchala

D

Member

Reappointment

04/11/13

08/01/13

112

Nicholas C. Geale

R

Member

Reappointment

07/30/13

08/01/13

2

Mean number of days to confirm a nomination

75.3

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

12/31/18

III

Christopher A. Hart (Vice Chair)

D

08/04/90a

12/31/17

IV

Earl F. Weener

R

06/22/10

12/31/15

IV

Robert L. Sumwalt III

R

08/03/06

12/31/16

IV

Vacant

12/31/14

IV

Source: Created by CRS.

a. Hart was initially confirmed as a board member on August 4, 1990. He served on the National Transportation Safety Board until 1993. During the 111th Congress, he was nominated to be a member on June 25, 2009, and confirmed on August 7, 2009. He was confirmed to a succeeding term during the 113th Congress as shown below.

Table 49. National Transportation Safety Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Christopher A. Hart

D

Member

Reappointment

08/01/13

10/16/13

76

Deborah A. P. Hersman

D

Chair

Reappointment

08/01/13

10/16/13

76

Deborah A. P. Hersman

D

Member

Reappointment

08/01/13

10/16/13

76

Christopher A. Hart

D

Chair

Deborah A. P. Hersman

06/26/14

Returned 12/17/14a

Tho Dinh-Zarr

D

Member

Deborah A. P. Hersman

09/18/14

Returned 12/17/14a

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Allison M. Macfarlane (Chair)a

D

06/29/12

06/30/18

II

Kristine L. Svinickib

R

03/13/08

06/30/14

III

Jeffery M. Barana

D

09/16/14

06/30/15

III

William C. Ostendorff

R

03/13/08

06/30/17

III

Stephen G. Burns

D

09/16/14

06/30/19

III

Inspector General

 

 

 

 

Hubert T. Bell

NA

06/11/96

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. On October 21, 2014, Macfarlane announced that she would resign her position at the end of the year. Jeffery M. Baran was nominated and confirmed to fill the remainder of Macfarlane's term expiring on June 30, 2018, but was not eligible to fill the seat until Macfarlane's departure. As of the end of the 113th Congress, Macfarlane was still serving on the commission and Baran was serving a term set to expire on June 30, 2015, as reflected above.

b. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 51. Nuclear Regulatory Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Allison M. Macfarlane

D

Member

Reappointment

03/21/13

06/27/13

98

Jeffery M. Baran

D

Member

William D. Magwood IV

07/23/14

09/16/14

55

Stephen G. Burns

D

Member

George Apostolakis

07/23/14

09/16/14

55

Jeffery M. Baran

D

Member

Allison M. Macfarlane

11/13/14

12/08/14

25

Mean number of days to confirm a nomination

58.3

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Thomasina Rogers (Chair)

NA

10/21/98

04/27/15

III

Heather L. MacDougall

NA

03/12/14

04/27/17

IV

Cynthia L. Attwood

NA

02/11/10

04/27/19

IV

Source: Created by CRS.

Notes: 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Cynthia L. Attwood

NA

Member

Reappointment

03/21/13

08/01/13

133

Heather L. MacDougall

NA

Member

Horace A. Thompson

11/21/13

Returned 01/03/14a

Heather L. MacDougall

NA

Member

Horace A. Thompson

01/06/14

03/12/14

65

Mean number of days to confirm a nomination

99.0

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.

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Robert G. Taub (Acting Chair)

R

09/26/11

10/14/16

III

Tony Hammond (Vice Chair)

R

11/12/02

10/14/18

IV

Ruth Y. Goldwaya

D

04/02/98

11/22/14

IV

Mark Acton

R

08/03/06

10/14/16

IV

Nanci E. Langley

D

06/04/08

11/22/18

IV

Source: Created by CRS.

a. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above.

Table 55. Postal Regulatory Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Nancy E. Langley

D

Commissioner

Reappointment

04/25/13

Returned 01/03/14a

Tony Hammond

R

Commissioner

Reappointment

07/25/13

Returned 01/03/14a

Tony Hammond

R

Commissioner

Reappointment

01/06/14

12/09/14

337

Nancy E. Langley

D

Commissioner

Reappointment

01/06/14

12/09/14

337

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.

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. 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

David Medine (Chair)

D

05/07/13

01/29/18

III

Source: Created by CRS.

Table 57. Privacy and Civil Liberties Oversight Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

David Medine

D

Chair

New position

01/22/13

05/07/13

105

Source: Created by CRS.

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 113th 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

Walter A. Barrowsa (Labor Member)

NA

09/26/11

08/28/14

IV

Steven J. Anthony (Management Member)

NA

01/06/14

08/28/18

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 113th 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Steven J. Anthony

NA

Member

Jerome F. Kever

09/25/13

Returned 01/03/14a

Steven J. Anthony

NA

Member

Jerome F. Kever

01/06/14

04/09/14

93

Walter A. Barrows

NA

Member

Reappointment

11/12/14

Returned 12/17/14a

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.

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

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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mary Jo White (Chair)

I

04/08/13

06/05/19

III

Luis A. Aguilar

D

06/27/08

06/05/15

IV

Daniel M. Gallagher Jr.

R

10/21/11

06/05/16

IV

Kara M. Stein

D

08/01/13

06/05/17

IV

Michael S. Piwowar

R

08/01/13

06/05/18

IV

Source: Created by CRS.

Table 61. Securities and Exchange Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mary Jo White

I

Member

Mary L. Schapiro

02/07/13

04/08/13

60

Mary Jo White

I

Member

Reappointment

02/07/13

08/01/13

175

Kara M. Stein

D

Member

Elisse B. Walter

05/23/13

08/01/13

70

Michael S. Piwowar

R

Member

Troy A. Paredes

05/23/13

08/01/13

70

Mean number of days to confirm a nomination

93.8

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 for not 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Daniel R. Elliott IIIa (Chair)

D

08/07/09

12/31/13

III

Debra L. Miller (Vice Chair)

D

04/09/14

12/31/17

IV

Ann D. Begeman

R

04/14/11

12/31/15

IV

Source: Created by CRS.

a. As of the end of the 113th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 63. Surface Transportation Board Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Debra L. Miller

D

Member

Francis Mulvey

09/25/13

Returned 01/03/14a

Debra L. Miller

D

Member

Francis Mulvey

01/06/14

04/09/14

93

Daniel R. Elliott III

D

Member

Reappointment

11/12/14

Returned 12/17/14a

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 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 113th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Meredith Broadbent (Chair)

R

08/02/12

06/16/17

III

Dean A. Pinkert (Vice Chair)

D

02/01/07

12/16/15

IV

Irving A. Williamsona

D

02/01/07

06/16/14

IV

David S. Johanson

R

10/31/11

12/16/18

IV

F. Scott Kieff

R

08/01/13

06/16/20

IV

Rhonda K Schmidtlein

D

03/06/14

12/16/21

IV

Source: Created by CRS.

a. At the end of the 113th Congress, the term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above.

Table 65. United States International Trade Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

F. Scott Kieff

R

Member

Daniel R. Pearson

02/04/13

08/01/13

178

Rhonda K. Schmidtlein

D

Member

Shara L. Aranoff

07/15/13

Returned 01/03/14a

Rhonda K. Schmidtlein

D

Member

Shara L. Aranoff

01/06/14

03/06/14

59

Mean number of days to confirm a nomination

118.5

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. 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. 113-47, Section 2 (127 Stat. 572), it was extended until November 1, 2018. (18 U.S.C. §3551 note)

Table 66. Full-Time United States Parole Commission Incumbents

(as of the end of the 113th 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. Mitchella (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.

Notes: 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 113th 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 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 113th Congress

Source: Created by CRS.

Notes: 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 113th 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

Charles R. Breyer (Vice Chair)

a

06/06/13

10/31/15

Vacant (Vice Chair)

10/31/13

Vacant (Vice Chair)

10/31/17

Source: Created by CRS.

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

Table 69. United States Sentencing Commission Appointment Action During the 113th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Charles R. Breyer

a

Member (Vice Chair)

Ruben Castillo

04/15/13

06/06/13

52

Source: Created by CRS.

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

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, 113th Congress

Nominee

Board/
Commissiona

Date Nominated

Date Confirmed

Days to Confirm

Robert S. Adler

CPSC

05/15/14

12/02/14

201

William I. Althen

FMSHRC

05/23/13

08/01/13

70

Steven J. Anthony

RRB

09/25/13

Returned 01/03/14

Steven J. Anthony

RRB

01/06/14

04/09/14

93

Cynthia L. Attwood

OSHRC

03/21/13

08/01/13

133

Jeffery M. Baran

NRC

07/23/14

09/16/14

55

Jeffery M. Baran

NRC

11/13/14

12/08/14

25

Walter A. Barrows

RRB

11/12/14

Returned 12/17/14

Norman C. Bay

FEC

01/30/14

07/15/14

166

Ronald J. Binz

FEC

06/27/13

Withdrawn 10/28/13

Sharon Block

NLRB

02/13/13

Withdrawn 07/16/13

Sharon Block

NLRB

07/14/14

Withdrawn 11/12/14

Sharon Y. Bowen

CFTC

01/07/14

06/03/14

147

Lael Brainard

FRS

01/13/14

06/12/14

150

Charles R. Breyer (Vice Chair)

USSC

04/15/13

06/06/13

52

Ann Marie Buerkle

CPSC

05/23/13

06/27/13

35

Stephen G. Burns

NRC

07/23/14

09/16/14

55

Charlotte A. Burrows

EEOC

09/15/14

12/03/14

79

Matthew S. Butler

EAC

11/19/14

Returned 12/17/14

Julia A. Clark (General Counsel)

FLRA

02/12/14

07/23/14

161

Robert F. Cohen Jr.

FMSHRC

01/22/13

08/01/13

191

Mario Cordero

FMC

09/18/14

Returned 12/17/14

Tho Dinh-Zarr

NTSB

09/18/14

Returned 12/17/14

William P. Doyle

FMC

01/30/14

Returned 12/17/14

Ernest W. Dubester

FLRA

03/07/13

10/16/13

223

Manuel H. Ehrlich

CSB

01/30/14

12/16/14

320

Daniel R. Elliott III

STB

11/12/14

Returned 12/17/14

Richard J. Engler

CSB

01/22/13

Returned 01/03/14

Richard J. Engler

CSB

01/06/14

12/16/14

344

Chai R. Feldblum

EEOC

05/23/13

12/12/13

203

Wanda Felton (Vice President/Vice Chair)

EXIMBANK

07/09/13

Returned 01/03/14

Wanda Felton (Vice President/Vice Chair)

EXIMBANK

01/06/14

04/09/14

93

Stanley Fischer (Vice Chair)

FRS

01/13/14

06/12/14

150

Stanley Fischer

FRS

01/13/14

05/21/14

128

Nicholas C. Geale

NMB

01/24/13

Returned 01/03/14

Nicholas C. Geale

NMB

07/30/13

08/01/13

2

J. Christopher Giancarlo

CFTC

08/01/13

Returned 01/03/14

J. Christopher Giancarlo

CFTC

01/06/14

06/03/14

148

J. Christopher Giancarlo

CFTC

05/05/14

06/03/14

29

Lee E. Goodman

FEC

06/24/13

09/23/13

91

Richard F. Griffin, Jr.

NLRB

02/13/13

Withdrawn 07/16/13

Richard F. Griffin, Jr. (General Counsel)

NLRB

08/01/13

10/29/13

89

Jeffery S. Hall

FCA

11/12/14

Returned 12/17/14

Tony Hammond

PRC

07/25/13

Returned 01/03/14

Tony Hammond

PRC

01/06/14

12/09/14

337

Christopher A. Hart

NTSB

08/01/13

10/16/13

76

Christopher A. Hart (Chair)

NTSB

06/26/14

Returned 12/17/14

Deborah A. P. Hersman (Chair)

NTSB

08/01/13

10/16/13

76

Deborah A. P. Hersman

NTSB

08/01/13

10/16/13

76

Thomas Hicks

EAC

06/07/13

Returned 01/03/14

Thomas Hicks

EAC

06/07/13

Returned 01/03/14

Thomas Hicks

EAC

01/06/14

12/16/14

344

Kent Y. Hirozawa

NLRB

07/16/13

07/30/13

14

Fred P. Hochberg (President/Chair)

EXIMBANK

03/21/13

07/17/13

118

Harry R. Hoglander

NMB

04/11/13

08/01/13

112

Colette D. Honorable

FEC

09/08/14

12/16/14

99

Harry I. Johnson III

NLRB

04/09/13

07/30/13

112

Mary L. Jordan

FMSHRC

07/31/14

Returned 12/17/14

Elliot F. Kaye

CPSC

03/31/14

07/28/14

119

Elliot F. Kaye (Chair)

CPSC

03/31/14

07/28/14

119

F. Scott Kieff

USITC

02/04/13

08/01/13

178

Cheryl A. LaFleur

FEC

05/05/14

07/15/14

71

Nancy E. Langley

PRC

04/25/13

Returned 01/03/14

Nancy E. Langley

PRC

01/06/14

12/09/14

337

Jay N. Lerner (Inspector General)

FDIC

11/12/14

Returned 12/17/14

P. David Lopez (General Counsel)

EEOC

07/31/14

12/03/14

125

Heather L. MacDougall

OSHRC

11/21/13

Returned 01/03/14

Heather L. MacDougall

OSHRC

01/06/14

03/12/14

65

Allison M. Macfarlane

NRC

03/21/13

06/27/13

98

Timothy G. Massad

CFTC

11/13/13

Returned 01/03/14

Timothy G. Massad (Chair)

CFTC

11/13/13

Returned 01/03/14

Timothy G. Massad

CFTC

01/06/14

06/03/14

148

Timothy G. Massad (Chair)

CFTC

01/06/14

06/03/14

148

Matthew V. Masterson

EAC

07/17/14

12/16/14

152

Christy A. McCormick

EAC

07/17/14

12/16/14

152

Lauren M. McFerran

NLRB

11/12/14

12/08/14

26

Terrell McSweeny

FTC

06/24/13

Returned 01/03/14

Terrell McSweeny

FTC

01/06/14

04/09/14

93

J. Mark McWatters

NCUA

01/07/14

06/19/14

163

David Medine (Chair)

PCLOB

01/22/13

05/07/13

105

Richard T. Metsger

NCUA

05/16/13

08/01/13

77

Debra L. Miller

STB

09/25/13

Returned 01/03/14

Debra L. Miller

STB

01/06/14

04/09/14

93

Philip A. Miscimarra

NLRB

04/09/13

07/30/13

112

Joseph P. Mohorovic

CPSC

11/07/13

Returned 01/03/14

Joseph P. Mohorovic

CPSC

01/06/14

07/28/14

203

Kenneth L. Mossman

DNFSB

07/31/13

11/14/13

106

Michael P. O'Rielly

FCC

08/01/13

10/29/13

89

Michael P. O'Rielly

FCC

11/12/14

12/16/14

34

Mark G. Pearce

NLRB

04/09/13

07/30/13

112

Myrna Perez

EAC

06/07/13

Returned 01/03/14

Myrna Perez

EAC

01/06/14

Withdrawn 11/19/14

Michael S. Piwowar

SEC

05/23/13

08/01/13

70

Patrick Pizzella

FLRA

08/01/13

10/16/13

76

Carol W. Pope

FLRA

01/22/13

10/16/13

267

Jerome H. Powell

FRS

01/16/14

06/12/14

147

Linda A. Puchala

NMB

04/11/13

08/01/13

112

Ann M. Ravel

FEC

06/24/13

09/23/13

91

Jessie H. Roberson

DNFSB

06/05/14

Returned 12/17/14

Marietta S. Robinson

CPSC

01/24/13

06/27/13

154

Daniel J. Santos

DNFSB

06/05/14

12/16/14

194

Nancy J. Schiffer

NLRB

07/16/13

07/30/13

14

Rhonda K. Schmidtlein

USITC

07/15/13

Returned 01/03/14

Rhonda K. Schmidtlein

USITC

01/06/14

03/06/14

59

Lafe E. Solomon (General Counsel)

NLRB

05/23/13

Withdrawn 08/01/13

Kara M. Stein

SEC

05/23/13

08/01/13

70

Dallas P. Tonsager

FCA

09/18/14

Returned 12/17/14

Thomas E. Wheeler

FCC

05/09/13

Withdrawn 11/07/13

Thomas E. Wheeler

FCC

05/09/13

10/29/13

173

Mary Jo White

SEC

02/07/13

04/08/13

60

Mary Jo White

SEC

02/07/13

08/01/13

175

Jenny R. Yang

EEOC

01/22/13

04/25/13

93

Janet L. Yellen (Chair)

FRS

10/09/13

01/06/14

89

Michael G. Young

FMSHRC

09/10/14

Returned 12/17/14

Mean number of days to confirm

124.2

Median number of days to confirm

112.0

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.

Table A-2. Appointment Action, Regulatory and Other Collegial Boards and Commissions, 113th 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 Appointments

CSB

5

2

0

3

2

2

2

1

0

0

CFTC

5

1

0

8

3

4

5

3

0

0

CPSC

5

0

0

7

5

6

6

1

0

0

DNFSB

5

1

2

3

3

3

2

1

0

0

EAC

4

4

0

8

5

4

3

4

1

0

EEOC

6

1

0

4

4

4

4

0

0

0

EXIMBANK

6

2

0

3

2

2

2

1

0

0

FCA

3

0

2

2

2

2

0

2

0

0

FCC

5

0

0

4

2

2

3

0

1

0

FDIC

4

1

1

1

1

1

0

1

0

0

FEC

6

0

4

2

2

2

2

0

0

0

FERC

5

1

0

4

4

3

3

0

1

0

FLRA

4

0

1

4

4

4

4

0

0

0

FMC

5

0

3

2

2

2

0

2

0

0

FMSHRC

5

2

0

4

4

4

2

2

0

0

FRS

7

2

0

5

4

5

5

0

0

0

FTC

5

0

0

2

1

1

1

1

0

0

FSOC

1

0

0

0

0

0

0

0

0

0

FCSC

1

1

0

0

0

0

0

0

0

0

MSPB

3

0

1

0

0

0

0

0

0

0

NCUA

3

0

0

2

2

2

2

0

0

0

NLRB

6

0

0

11

9

9

7

0

4

0

NMB

3

0

1

4

3

3

3

1

0

0

NTSB

5

2

0

5

3

3

3

2

0

0

NRC

6

0

1

4

3

3

4

0

0

0

OSHRC

3

0

0

3

2

2

2

1

0

0

PRC

5

0

1

4

2

2

2

2

0

0

PCLOB

1

0

0

1

1

1

1

0

0

0

RRB

4

0

2

3

2

2

1

2

0

0

SEC

5

0

0

4

3

3

4

0

0

0

STB

3

0

1

3

2

2

1

2

0

0

USITC

6

0

1

3

2

2

2

1

0

0

USPC

5

0

3

0

0

0

0

0

0

0

USSC

4

2

0

1

1

1

1

0

0

0

Total

149

22

24

114

85

86

77

30

7

0

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 113th 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.

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.

Footnotes

1.

For more information on recess appointments, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by [author name scrubbed].

2.

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

3.

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)).

4.

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.

5.

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)).

6.

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

7.

This report was compiled from data from the Senate nominations database of the Legislative Information System (LIS) 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]).

8.

The annual pay rates for the Executive Schedule, as of the end of the 113th Congress (2014), were as follows: Level I, $201,700; Level II, $181,500; Level III, $167,000; Level IV, $157,100; and Level V, $147,200. U.S. Office of Personnel Management, "Salary Table No. 2014-EX," available at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/14Tables/exec/html/EX.aspx.

9.

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