Presidential Appointments To Full-Time Positions On Regulatory and Other Collegial Boards and Commissions, 104th Congress

96-271 GOV Presidential Appointments To Full-Time Positions On Regulatory and Other Collegial Boards and Commissions, 104th Congress Rogelio Garcia Specialist in American National Government Government Division November 18, 1996 as lillllllllillll'!!IlliiiIJII! PRESIDENTIAL APPOINTMENTS TO FULL-TIME POSITIONS ON REGULATORY AND OTHER COLLEGIAL BOARDS AND COMMISSIONS, 104th CONGRESS SUMMARY This report lists full-time positions in regulatory and other collegial bodies requiring Senate confirmation . Incumbents are identified, and, in the case of fixed-term positions, when the term of office expires . The report also provides information on the nominations made by President Clinton to positions that were vacant or had an incumbent whose term had expired, and the actions taken on the nominations by the Senate . During the first session of the 104th Congress, which ended on January 3, 1996, the President submitted 32 nominations, of which 21 were confirmed, and withdrew three nominations . The President made one recess appointment. At the end of the session, seven nominations were pending and carried over to the second session . Of 140 positions in 32 agencies, 22 were vacant and 11 had incumbents whose terms had expired . During the second session of the 104th Congress, which ended on October 4, 1996, the President submitted 22 nominations, and made seven recess appointments . The Senate confirmed 16 nominations and returned 14 to the President . Of 137 positions, 12 were vacant, and 14 had incumbents whose terms had expired . The report does not include organizations such as the Board for International Broadcasting, the Legal Services Corporation and the United States Postal Service, whose members serve on a part-time basis . Information for this report was obtained from the nominations file in LEGIS (a database available from the Senate Computer Center), the Congressional Record (daily edition) the Weekly Compilation of Presidential Documents, and through telephone discussions with agency officials . CONTENTS INTRODUCTION 1 Commodity Futures Trading Commission (CFTC) 7 Consumer Product Safety Commission (CPSC) 8 Defense Nuclear Facilities Safety Board (DNFSB) 9 Equal Employment Opportunity Commission (EEOC) 10 Export-Import Bank (EXIMBANK) 11 Farm Credit Administration (FCA) 12 Federal Communications Commission (FCC) 13 Federal Deposit Insurance Corporation (FDIC), Board of Directors 14 Federal Election Commission (FEC) 15 Federal Energy Regulatory Commission (FERC) 16 Federal Housing Finance Board (FHFB) 17 Federal Labor Relations Authority (FLRA) 18 Federal Maritime Commission (FMC) 19 Federal Mine Safety and Health Review Commission (FMSHRC) . . . 20 Federal Reserve System (FRS), Board of Governors 21 Federal Trade Commission (FTC) 22 Foreign Claims Settlement Commission (FCSC) 23 Merit Systems Protection Board (MSPB) 24 National Credit Union Administration (NCUA), Board Of Directors . 25 National Labor Relations Board (NLRB) 26 National Mediation Board (NMB) 27 National Transportation Safety Board (NTSB) 28 Nuclear Regulatory Commission (NRC) 29 Occupational Safety and Health Review Commission (OSHRC) . . . . 30 Postal Rate Commission (PRC) 31 Railroad Retirement Board (RRB) 32 Securities and Exchange Commission (SEC) 33 Surface Transportation Board (STB) 34 Tennessee Valley Authority (TVA) 35 United States International Trade Commission (USITC) 36 United States Parole Commission (USPC) 37 United States Sentencing Commission (USCC) 38 LIST OF PRESIDENTIAL APPOINTEES 39 STATUS OF POSITIONS AND NOMINATIONS 41 LIST OF AGENCY ABBREVIATIONS 43 PRESIDENTIAL APPOINTMENTS TO FULL-TIME POSITIONS ON REGULATORY AND OTHER COLLEGIAL BOARDS AND COMMISSIONS, 104th CONGRESS INTRODUCTION Appointments During First Session (1995 - 1996) During the first session of the 104th Congress, which ended on January 3, 1996, the President submitted 32 nominations, of which 22 were confirmed and appointed, and withdrew three nominations . The President made one recess appointment . At the end of the session, seven nominations were pending and carried over to the second session. Of 140 positions in 32 agencies, 22 were vacant and 11 had incumbents whose terms had expired . (Not included in the totals were nominations to chairperson or vice chairperson, because nominees to those positions were also nominated to be members or were already members.) Appointments During Second Session (1996) During the second session, the President submitted 22 nominations to the Senate, and made seven recess appointments . The Senate confirmed 16 nominations and returned 14 . Of 137 positions, 12 were vacant and 14 had incumbents whose terms had expired . The status of individual agency positions requiring Senate confirmation is found in Table 2 on page 41 . TABLE 1 . Status of Nominations and Positions Positions Appointments made3 Positions available for appointments 4 Positions vacant Positions with incumbents whose term has expired Nominations submitted 1st Sessions 2nd Session 140 22 137 23 31 26 22 11 12 Nominations pending' 32 7 14 22 0 Nominations withdrawn 3 0 1 Session ended on January 3, 1996. 2 Session ended on October 4, 1996 . 3 Includes one recess appointment in first session, and seven in second session . 4 Includes only vacant positions that have incumbents whose terms have expired . All nominations are returned to the President at the end of a second session of Congress ; 14 nominations were returned at the end of the second session (they do not include six nominations resubmitted because the nominee was given a recess appointment) . CRS-2 The Appointments Process The President and the Senate share the power to appoint the principal officers of the United States .' The Constitution (Art . II, Sec . 2) empowers the President to nominate and, by and with the advice and consent of the Senate, to appoint the principal officers of the United States . Three distinct stages mark the appointments process-nomination, confirmation, and appointment . In the nomination or first stage, the President selects the nominee and sends his or her name to the Senate . For positions that are located within a state (U .S . Attorney, U .S . Marshal, and U .S . District Judge), the President, by custom, normally nominates an individual recommended by the Senator or Senators (if they are from the same party as the President) from that state . If neither Senator is from the same party, the President normally defers to the recommendations of party leaders from that state . Occasionally, the President solicits recommendations from Senators from the opposition party, because of their positions in the Senate . Before making a nomination, whether at the state or national level, the President must consider how it will fare in the confirmation process . A nomination to a position does not give the nominee legal authority to assume the duties and responsibilities of the position . That authority comes While awaiting only after the nominee is confirmed and appointed . confirmation, a nominee often is hired as a consultant and may act only in an advisory capacity . In the confirmation or second stage, the Senate alone determines whether to approve or disapprove a nomination . How the Senate acts on a nomination depends largely on the importance of the position involved, existing political circumstances, and policy implications . Generally, the Senate shows particular interest in the nominee's views and how they are likely to affect public policy .2 How closely the nominee's personal and professional qualities are examined may depend on the importance of the position, possible or likely effect on constituent interests, and his or her possible or likely influence on public policy . Although the Senate confirms most nominations, no President can safely assume that all of his nominees to full-time positions will be approved routinely . This is especially true of nominations to regulatory and other collegial boards and commissions . Between 1981 and 1992, 22% of nominations to boards and 1 A succinct historical and contemporary overview of the appointment power is found in Fisher, Louis. Constitutional Conflicts between Congress and the President . 3rd edition, Rev . Univ. Press of Kansas, 1991. pp . 23-52. 2 Mackenzie, G. Calvin. The Politics ofPresidential Appointments . New York, The Free Press, 1981. p . 97-189 . CRS-3 commissions failed . During the same period, 11% of nominations to independent agencies, and 9% of nominations to executive departments also failed .' The full Senate seldom rejects a nomination . Nearly all rejections occur in committee, either by committee vote or committee inaction . Nominations fail for many reasons, including : opposition to the nomination ; inadequate amount of time for consideration of the nomination ; or political struggles between the President and the Senate or individual Senators that may have nothing to do with the merits of the nomination . The first two stages of the appointment process may be summarized by the view that while the President proposes, the Senate disposes . In the third or final stage, the confirmed nominee is given a commission signed by the President, with the seal of the United States affixed thereto, and is sworn into office . At that point, he or she has full authority to carry out the responsibilities of the office . Recess Appointments The appointments process also enables the President to make appointments hout Senate confirmation when the Senate is in recess, either during a session (intrasession recess appointment) or between sessions (intersession recess appointment) . Recess appointments expire at the end of the next session of Congress . Presidents have occasionally used the recess appointment power to circumvent the confirmation process . In response, Congress has placed additional restrictions on the President's authority to make a recess appointment . Under 5 U.S .C . 5503(a), if the position to which the President makes a recess appointment fell vacant while the Senate was in session, the appointee may not be paid from the Treasury until he or she is confirmed by the Senate . The salary prohibition does not apply : (1) if the vacancy arose within 30 days before the end of the session ; (2) if a nomination for the office (other than the nomination of someone given a recess appointment during the preceding recess) was pending when the Senate recessed ; or (3) if a nomination was rejected within 30 days before the end of the session and another individual is given the recess appointment . A recess appointee falling under any one of these three exceptions must be nominated not later than 40 days after the 8 U .S . Library of Congress . Congressional Research Service . Senate Action on Nominations to Policy Positions in the Executive Branch, 1981-1992 . CRS Report 93-464 GOV, by Rogelio Garcia . Washington, April 28, 1993. The study did not include nominations submitted by Presidents Carter and Reagan in the last month of their Administrations, or nominations submitted within a month of the Senate adjourning at the end of a session . It also excluded nominations to the judiciary, military services, Foreign Service, National Oceanic and Atmospheric Administration Officer Corps, Public Health Service Officer Corps ; and nominations to all ambassadorial, U .S . Attorney, U.S . Marshal, and part-time positions. CRS-4 beginning of the next session of the Senate .4 For this reason, when a recess appointment is made, the President generally submits a new nomination for the nominee even when an old nomination is pending . Temporary Appointments Under the Vacancies Act,' the President also has authority to make a temporary or interim appointment to a vacant position in the executive branch that requires Senate confirmation . When the head or other official of an agency dies, resigns, or is sick or absent, the official next in line normally assumes the office until a successor is appointed or the sickness or absence ends . The President, however, may designate another executive official (previously confirmed by the Senate), to fill the office until a successor is appointed or the sickness or absence ends .' The temporary incumbent, whether the next in line or one designated by the President, may occupy the position for not more than 120 days . The 120 period may be extended, however, if (1) a nominee for the position is before the Senate, in which case the temporary incumbent may continue in office until the nominee either is (a) confirmed, or (b) until 120 days after either the Senate rejects the nominee or the President withdraws the nomination ; or (2) the vacancy occurs during an adjournment of Congress sine die, in which case the position may be filled temporarily until 120 days after Congress next convenes, subject thereafter to (1) above . 7 Characterization of Regulatory and other Collegial Bodies Federal executive boards and commissions share the following characteristics : (1) they are independent executive bodies located outside of executive departments ;' (2) several members head each entity ; (3) the members are appointed by the President with the advice and consent of the Senate ; and (4) the members serve a fixed term of office and, except in a few bodies, cannot be removed by the President except for cause . Presidential appointees to federal regulatory boards and commissions, with a few exceptions, serve for staggered, fixed terms, and are removable only for cause . Sometimes, the time between confirmation and the term-expiration date is less than the fixed term of office . This results from the fact that a nominee 4 For additional information on recess appointments, see U .S . Library of Congress . Congressional Research Service . Recess Appointments: Legal Overview . Report No . 87-832 A, by Richard C . Ehlke . Washington, October 19, 1987 . ' 5 .S.C . 3345-3348 (1994) . U 6 5 U.S.C. 3347. This section of the Vacancies Act does not apply to a vacancy in the office of the Attorney General . A vacancy in that office is covered by 28 U.S.C. 508, which designates the next in line for the position7 5" U. S . C. ,3348. 8 Except for the Federal Regulatory Energy Commission (FERC), located in the Department of Energy (DOE), and the Surface Transportation Board (STB), located in the Department of Transportation (DOT). The FERC's enabling statute designates it as an independent entity in DOE, while that of the STB states only that it is located in DOT. CRS-5 generally is nominated and confirmed either long after a term has expired and a new term has begun or to complete an unexpired term . Occasionally, if the unexpired term is for a very short period, two nominations of the same person are submitted simultaneously-the first to complete the unexpired term and the second to complete a regular 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, two nominations are submitted simultaneously for the nominee-the first for member and the second for chair . Finally, in 24 of the regulatory and other collegial boards and commissions, no more than a simple majority of the appointed members (i .e ., two of three, or three of five) may belong to the same political party . Organization of the Report The presentations on the boards and commissions are organized into the following three sections : organizational structure ; current membership ; and nominations and appointments . The organizational section discusses the number of members on each board or commission, their terms of office, if they may continue in their position after their terms expires, if political balance is needed, and how the chairman is selected . Data on appointment action during the 104th Congress appear under the "Current Membership" section and the "Appointment Action" section . The "Current Membership" section identifies all of the positions in each agency requiring Senate confirmation and the incumbents in those positions . Most of the incumbents serve fixed terms of office and are removable only for specified causes . They generally remain in office when a new administration takes power following a presidential election . The "Appointment Action" section lists the names of the nominees and appointees in alphabetical order and notes the positions to which they were nominated, the date nominated, and the date confirmed . Actions other than confirmation-i .e ., nominations rejected, returned, or withdrawn, or recess appointments-are also noted . In the "Current Membership" and "Appointment Action" sections under each agency, incumbents whose terms have expired, but who continue in office, and nominees awaiting confirmation have their names in italics . Under "Current Membership" section, when the term of office expires sometime in the year 2000, the year column under "Term expires" begins with a 0 . For example, if a term expires on October 21, 2000, it is cited as 10/21/00 ; if on March 3, 2005, it is cited as 03/03/05 . An alphabetical list of all nominees appears on page 39,, noting the agency nvolved and date of nomination and confirmation . The list also indicates if a CRS-6 nomination was withdrawn, returned, or rejected, or if a recess appointment was made. Information for this report was obtained from the nominations file in LEGIS (a database available from the Senate Computer Center, the Congressional Record (daily edition), the Weekly Compilation of Presidential Documents, and through telephone discussions with agency officials . A similar report is available for the 103rd Congress .' 9 U .S . Library of Congress . Congressional Research Service . Presidential Appointments to FuZZ-Time Positions on Regulatory and Other Collegial Boards and Commissions, 103rd Congress . CRS Report 94-628 GOV, by Rogelio Garcia . Washington, February 10, 1995 . CRS-7 COMMODITY FUTURES TRADING COMMISSION (CFTC) The CFTC 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 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 . 4a) Current Membership Incumbent Date Party confirmed Term expires Comments Brooksley E . Born D 08/02/96 04/13,99 Joseph B. Dial' R 05/22/91 04/13/96 Chairman Barbara P . Holum David D. Spears John E. Tull, Jr. D R D 11/20/93 08/02/96 11/20/93 04/13/97 04/13/002 04/13/98 Appointment Action During 104t Congress Nominee Party Position Date nominated Date confirmed Brooksley E. Born Brooksley E. Born David D . Spears D D R 05/03/96 05/03/96 05/03/96 08/02/96 08/02/96 08/02/96 Member Chairman Member I A name in italics indicates that the incumbent's term has expired or that an appointee is awaiting confirmation . 2 When the years column begins with 0, it means that the term of office expir s sometime in the year 2000 . In this instance, the term of office expires on April 13, 2000 . CRS-8 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) The statute establishing the CPSC calls for five members, but funding is authorized for only three members, who serve seven-year terms . No more than a simple majority of the members may be from the same political party . At the end of a term, a member may remain in office for one year . The chair is also appointed by the President with the advice and consent of the Senate . (15 U .S.C. 2053) Current Membership' Incumbent Party Ann Brown Mary S. Gall Thomas H. Moore D R Date confirmed Term expires Comments 03/08/94 11/22/91 08/02/96 10/26/99 10/26/98 10/25/03 Chair Vice Chair Reappointment Appointment Action During 104th Congress Nominee Party Position Date nominated Date confirmed Thomas H. Moore Thomas H. Moore D D Member Member 01/05/95 07/11/96 04/06/95 08/02/96 1 Two vacant positions are not listed because for fiscal year 1993 and thereafter, funds are not available for the personnel compensation and benefits of more than three members of the Commission . P .L . 102-389, Title 3, Oct . 6, 1992, 105 Star. 1596, 15 U .S.C . 2053 note . CRS-9 DEFENSE NUCLEAR FACILITIES SAFETY BOARD (DNFSB) The DNFSB 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 USC 2286) Current Membership Incumbent Party Date confirmed Term expires John T. Conway A. J. Eggenberger John W Crawford, Jr. Joseph J . Dinunno Herbert J.C. Kouts D R I D D 09/29/95 10/07/94 11127/91 03/28/96 10/07/94 10/18/99 10/18/98 10/18/96 10/18/00 10/18/97 Comments Chair Vice Chair Reappointment Reappointment Appointment Action During 104th Congress Nominee Party Position Date nominated Date confirmed John T. Conway Joseph J. Dinunno D D Member Member 06/21/95 01/24/96 09/29/95 03/28/96 CRS-10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) The EEOC 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 such nomination was submitted . The President designates the chair . The President also appoints the General Counsel, subject to the advice and consent of the Senate. (42 U .S .C. 2000e-4(a)) Current Membership Incumbent Party Date confirmed Term expires Gilbert F . Casellas Paul M . Igasaki Reginald E . Jones Paul S . Miller Vacant Clifford G . Stewart D D R D 09/29/94 09/29/94 07/16/96 09/29/94 07/01/99 07/01/97 07/01/00 07/01/98 Chair Vice Chair na 06/30/95 06/30/99 1 General Counsel Comments Appointment Action During 104th Congress Date nominated Nominee Party Position Reginald E . Jones Clifford G . Stewart R na Member 06/10/96 General Counsel 03/06/95 Date confirmed 07/16/96 06/30/95 1 The General Counsel is appointed for a four-year term of office, but may be removed at the President's pleasure . CRS-11 EXPORT-IMPORT BANK (EXIMBANK) The EXIMBANK consists of five members-no more than three may be from the same political party-who serve four-year terms . An incumbent whose term has expired may continue to serve until the earlier of-(1) a successor is appointed, or (2) until six months after the term expires . The chair, who is the President of the Bank, is also appointed by the President with the advice and consent of the Senate . (12 U .S.C. 635a) Current Membership Incumbent Martin A . Kamarck Julie D . Belaga Maria L. M. Haley Rita M. Rodriguez Vacant Date Party confirmed Term expires D R D I 01/20/97 01/20/99 01/20/99 nag 11/20/93 09/14/94 08/11/95 10/01/82 Comments Chair' Appointment Action During 104th Congress Nominee Party Position Date nominated Maria L. M. Haley Martin A . Kamarck Martin A . Kamarck Martin A . Kamarck5 D D D D 05/19/95 08/11/95 12/21/95 Returned' Recess Appointment' 04/15/96 Returned' Member Chairman Chairman Chairman Date confirmed ' The recess appointment making Mr . Kamarck Chairman of the Bank expires at the end of the first session of the 105th Congress . Mr . Kamarck is also First Vice President of the Bank . 2 When Director Rodriguez was confirmed, there was no provision regarding an expiration date ; terms of office were changed in 1983 by P .L . 98-181, 97 Stat. 1153, 1254, but did not affect her . 3 The Senate returned the nomination when it adjourned on 10/04/96 . 4 The President made the recess appointment on 04/12/96 . 5 When a nominee pending before the Senate is given a recess appointment, it is customary to resubmit the nomination in order to avoid a possible salary cut-off to the recess appointee under 5 U .S .C . 5503 . CRS-12 FARM CREDIT ADMINISTRATION (FCA) The FCA consists of three members-no more than two may be from the same political party-who serve six-year terms . A member whose term expires may continue to serve until a successor takes office . The President designates the chair . (12 U .S.C. 2242) Current Membership Incumbent Party Date confirmed Term expires Marsha P . Martin Doyle L. Cook Vacant D D 10/07/94 10/04/94 05/21/98 05/21/98 05/21/96 Comments Chair Appointment Action During 104th Congress Nominee Party Position Date nominated Ann Jorgenson R 09/30/96 Member 3 The Senate returned the nomination when it adjourned on 10/04/96 . Date confirmed Returned' CRS-13 FEDERAL COMMUNICATIONS COMMISSION (FCC) The FCC 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 . The President designates the chair . (47 U .S.C. 154) Current Membership Incumbent Party Date confirmed Reed E. Hundt Rachelle B . Chong Susan Ness D R D 11/20/93 05/19/94 05/19/94 06/30/98 06/30/97 06/30/99 06/25/91 06130/96 James X. Quello Term expires Comments Chair 06/30/00 Vacant Appointment Action During 104th Congress No ee Regina M. Keeney Party Position Date nominated Date confirmed R 08/01/96 Returned' Member 1 The Senate returned the nomination when it adjourned on 10/04,96 . CRS-14 FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC), BOARD OF DIRECTORS The FDIC consists of five members, of whom two-the Comptroller of the Currency and the Director of the Office of Thrift Supervision (OTS)-are ex officio . The three appointed members serve six-year terms, of whom no more than two may belong to the same political party . When a term expires, the member may continue to serve until a successor is appointed . The President designates the chair and vice chair, with the advice and consent of the Senate, from among the appointed officers . The President also appoints the Inspector General, subject to the advice and consent of the Senate . (12 U .S.C. 1812) Current Membership Incumbent Party Date confirmed Ricki Helfer' Andrew C . Hove Joseph H . Neely Nicholas P . Retsinas Jonathan L . Fiechter Gaston L . Gianni, Jr . D R D na na na 10/04/94 10/03/00 Chair 10/04/94 10/03/00 Vice Chair 12/22/95 12/21/01 Comptroller of the Currency Ex officio Acting OTS Director Ex officio 03/29/96 Inspector General 2 Term expires Comments Appointment Action During 104th Congress Nominee Party Position Gaston L . Gianni, Jr . Norwood L . Jackson, Jr . Joseph H . Neely na na D Date Date nominated confirmed Inspector General 12/20/95 Inspector General 01/05/95 Member 07/14/95 03/29/96 Withdrawn 3 12/22/95 1 Formerly Ricki R . Tigert . 2 The President may remove an incumbent at any time, provided notice of the reason for removal is sent to Congress. 3 The President withdrew the nomination on 12/20/95 . CRS-15 FEDERAL ELECTION COMMISSION (FEC) The FEC consists of six members'-no more than three may be from the same political party serving-who serve six-year terms . When a term, expires a member may continue to serve until a successor takes office . A new chair and vice chair, from different political parties, are designated by the Commission each year . The vice chair is elevated to the chair the following year . (2 U .S.C. 437c .) Current Membership Incumbent Party Date confirmed Term expires Lee Ann Elliott John W. McGarry Joan D. Aikens Danny L. McDonald Scott E . Thomas Vacant R D R D D 07/01/94 10105/89 10/05/89 07/01/94 11/22/91 04/30/99 04/30195 04/30195 04/30/99 04/30/97 04/30/97 Comments Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Kelly D. Johnston R 09/25/96 Member Returned 2 1 Under 2 U .S .C . 437c, the Secretary of the Senate and the Clerk of the House or their designees serve on the Commission without the right to vote . The U .S . Circuit Court of Appeals for the D .C . Circuit, in Federal Election Commission v . National Rifle Association in 1993 ruled, however, that the Constitution's separation of powers doctrine does not permit agents of Congress, even in a nonvoting capacity, to serve on executive branch commissions (Federal Election Commission v . NRA Political Victory Fund, 6 F .3d 821 (D .C . Cit . 1993.)) The FEC appealed the ruling to the Supreme Court, which denied certiorari in December 1994 . 2 The Senate returned the nomination when it adjourned on 10/04/96 . CRS-16 FEDERAL ENERGY REGULATORY COMMISSION (FERC) The FERC, 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 fiveyear 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 such term expires . The President designates the chair . (42 U .S .C . 7171) Current Membership Incumbent Date Party confirmed Term expires Elizabeth A . Moler Vicky A. Bailey James J . Hoecker William L. Massey Donald F . Santa, Jr. D R D D I 06/30/99 06/30/01 06/30/00 06/30/98 06/30/97 08/25/94 06/26/96 08/11/95 05/20/93 05/20/93 Comments Chair Reappointment Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Vicky A. Bailey James J. Hoecker R D 06/10/96 03/28/95 Member Member 06/26/96 08/11/95 CRS-17 FEDERAL HOUSING FINANCE BOARD The FHFB consists of five members, of whom one-the Secretary of Housing and Urban Development or his designee-is ex officio . The four appointed members serve seven-year terms, and no more than three may be from the same political party . An appointed member whose term expires may continue to serve until a successor is appointed . The President designates the chair from among the appointed members . Members began serving on a full-time basis on January 1, 1994 . (12 U .S.C. 1422a(1)) Current Membership Date Party confirmed Incumbent Bruce A. Morrison Lawrence U. Costiglio J. Timothy O'Neill Vacant Nicolas P. Retsinas D D R 05/25/95 02/27192 05/25/95 Term expires 02/27/00 02/27/95 02/27/97 02/27/99 Asst Secretary - HUD Comments Chair Ex Officio Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Bruce A. Morrison J. Timothy O'Neill D R 01/05/95 01/05/95 Director Director 05/25/95 05/25/95 CRS-18 FEDERAL LABOR RELATIONS AUTHORITY (FLRA) The FLRA consists of three members-no more than two 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 Congress . The President designates the chair. The General Counsel is also appointed by the President, subject to the advice and consent of the Senate . (5 U.S.C. 7104) Current Membership Incumbent Party Date confirmed Phyllis N . Segal Tony Armendariz Donald S . Wasserman Joseph Swerdzewski D R D na 07/15/94 10/08/92 12/22/95 11/08/93 Term expires 07/01/99 07/29/97 07/01/00 11/07/98' Comments Chair Reappointment General Counsel Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Donald S . Wasserman D Member 07/17/95 12/22/95 1 The General Counsel is appointed for a five-year term of office, but may be removed at the President's pleasure. CRS-19 FEDERAL MARITIME COMMISSION (FMC) The FMC 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. 1111 ; Reorganization Plan No . 7, 1961) Current Membership Incumbent Party Harold J . Creel, Jr . Ming Hsu Joe Scroggins, Jr. Delmond J .H. Won Vacant D R 1 D Date confirmed Term expires 08/17/94 06/30/99 10104/91 05119/94 06130/96 06130195 08/17/94 06/30/97 Comments Chair Reappointment 06/30198 Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Joe Scroggins, Jr .' I Member 07/14/95 1 Commissioner Scroggins was renominated for a term expiring on 06/30/00 . 2 The Senate returned the nomination when it adjourned on 10/04/96 . Returned2 CRS-20 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION (FMSHRC) The FMSHRC 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) Current Members .p Incumbent Party Mary L . Jordan Marc L. Marks James C. Riley Vacant Vacant na na na na na Date confirmed Term expires Recess appointment' 09/30/94 08/30/00 12/22/95 08/30/00 Comments Chair 08130/02 08/30198 Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Mary L . Jordan Mary L . Jordan Mary L . Jordan' James C. Riley na na na na 05/01/96 Returned' Recess Appointment' 09/03/96 Returned2 09/19/95 12/22/95 ' Member Member Member Member The recess appointment expires at the end of the first session of the 105th Congress . 2 The Senate returned the nomination when it adjourned on 10/04/96 . 3 The President made the recess appointment on 08/31/96 . 4 When a nominee pending before the Senate is given a recess appointment, it is customary to resubmit the nomination in order to avoid a possible salary cut-off to the recess appointee under 5 U .S .C . 5503 . CRS-21 FEDERAL RESERVE SYSTEM (FRS), BOARD OF GOVERNORS The FRS consists of seven members-no political balance is required-who serve for fourteen-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 four-year terms with the advice and consent of the Senate . The chair and vice chair give up their positions when the four year terms expire. (12 U .S .C. 241) Current Membership Incumbent Party Date confirmed Term expires Alan Greenspan Alice M. Rivlin Edward W. Kelly, Jr . Lawrence B . Lindsey Lawrence H . Meyer Susan M. Phillips Janet L. Yellen na na na na na na na 02/27/92 06/20/96 04/04/90 11/22/91 06/20/96 11/07/91 08/11/94 01/31/06 01/31/10 01/31/04 01/31/00 01/31/10 01/31/98 01/31/09 Comments Chair' Vice Chair 2 Appointment Action During 104th Congress Nominee Party Position Allan Greenspan Lawrence H . Meyer Alice M . Rivlin Alice M. Rivlin na na na na 1 The 2 The Chair Member Member Vice Chair four-year term as chairman ends on 06/20/00 . four-year term as Vice Chair ends on 06/20/00 . Date Date nominated confirmed 03/15/96 03/15/96 03/15/96 03/15/96 06/20/96 06/20/96 06/20/96 06/20/96 CRS-22 FEDERAL TRADE COMMISSION (FTC) The FTC 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) Current Membership Incumbent Party Date confirmed Term expires Robert Pitofsky Janet D. Steiger Mary L . Azcuenaga Roscoe B. Starek III Christine A Varney D R I R D 04/06/95 08/03/89 11/22/91 10/19/90 10/08/94 09/26/01 09/26/95 09/26/98 09/26/97 09/26/96 Commen s Chair Appointment Action During 104th Congress Nom ee Party Position Date Date nominated confirmed Robert Pitofsky D Member 01/05/95 04/06/95 CRS-23 FOREIGN CLAIMS SETTLEMENT COMMISSION (FCSC) The FCSC, 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 also is appointed by the President with the advice and consent of the Senate, serves full-time . (22 U .S .C. 1622) Current Membership' Incumbent Date Party confirmed Term expires Comments Delissa A . Ridgway na 09/30/97 Chair 09/28/94 Appointment Action During 104th Congress Nominee Party Position None 1 Only the Chair, who serves full-time, is listed. Date Date nominated confirmed CRS-24 MERIT SYSTEMS PROTECTION BOARD (MSPB) The MSPB consists of three members-no more than two may be from the same political party-who serve seven-year terms . When a term expires, the member may continue to serve for one year . The President appoints the chair, subject to Senate confirmation, and designates the vice chair . (5 U.S.C. 1201 - 1203) Current Membership Incumbent Party Date confirmed Term expires Comments Benjamin L. Erdreich Beth S . Slavet Antonio C. Amador D D R 06/30/93 08/11/95 10/27/90 03/01/00 03/01/02 03/01/97 Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Beth S . Slavet D Member 06/14/95 08/11/95 CRS-25 NATIONAL CREDIT UNION ADMINISTRATION (NCUA), BOARD OF DIRECTORS The NCUA 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 and vice chair . (12 U.S.C. 1752a) Current Membership Incumbent Date Party confirmed Norman E. D'Amours Shirlee Bowne Yolanda T. Wheat D R D Term expires 11/22/93 08/02/99 10/22/91 04/10/97 Recess Appointment' Comments Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Yolanda T. Wheat Yolanda T. Wheat Yolanda T. Wheat' D D D Member Member Member 11/09/95 Returned 2 Recess appointment' 04/15/96 Returned2 I The recess appointment expires at the end of the first session of the 105th Congress . 2 The Senate returned the nomination when it adjourned on 10/04/96 . 3 The recess appointment was made on 04/12/96 . 4 When a nominee pending before the Senate is given a recess appointment, it is customary to resubmit the nomination in order to avoid a possible salary cut-off to the recess appointee under 5 U .S .C . 5503 . CRS-26 NATIONAL LABOR RELATIONS BOARD (NLRB) The 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, subject to the advice and consent of the Senate. (29 U.S.C . 153) Current Membership Incumbent Party William B . Gould, IV Margaret A . Browning Sarah M. Fox John E . Higgins, Jr . Vacant Frederick L . Feinstein D D D R na Date confirmed Term expires 03/02/94 08/27/98 03/02/94 12/16/97 Recess appointment' Recess appointment' 12/16/99 031/02/94 03/02/98 2 Comments Chair General Counsel Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Sarah M. Fox Sarah M. Fox Sarah M. Fox' John E . Higgins, Jr . John E . Higgins, Jr . D D D R R 12/18/95 Returned' Recess appointment' 01/26/96 Returned' Recess Appointments 09/03/96 Returned' Member Member Member Member Member 1 The recess appointment expires at the end of the first session of the 105th Congress . 2 The General Counsel is appointed to a four-year term of office, but may be removed at the President's pleasure . 3 The Senate returned the nomination when it adjourned on 10104/96 . a The President made the recess appointment on 01/19/96 . When a nominee pending before the Senate is given a recess appointment, it is customary to resubmit the nomination in order to avoid a possible salary cut-off to the recess appointee under 5 U .S .C . 5503. 6 The President made the recess appointment on 08/30/96 . CRS-27 NATIONAL MEDIATION BOARD (NMB) The 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 continues to serve until a successor takes office . The Board annually designates a chair . (45 U.S.C . 154) Current Membership Incumbent Party Date confirmed Term expires Comments Magdalena G . Jacobsen D 11120/93 07101/96 Chair Ernest W . DuBester Kenneth B . Hipp D R 12/22/95 04/06/95 07/01/98 07/01/97 Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Ernest W . DuBester Kenneth B . Hipp Magdalena G . Jacobsen D R D Member Member Member 06/30/95 01/05/95 09/27/96 1 The Senate returned the nomination when it adjourned on 10/04/96 . 12/22/95 04/06/95 Returned' CRS-28 NATIONAL TRANSPORTATION SAFETY BOARD (NTSB) The 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 . 1902) Current Membership Incumbent James E. Hall Robert T. Francis George W. Black, Jr . John J. Goglia John A Hammerschmidt Party Date confirmed Term expires D D R D 10/15/93 08/11/95 02/20/96 08/11/95 12/31/97 12/31/99 12/31/96 12/31/98 R 06/25(91 12/31/95 Comments Chair' Vice chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed George W . Black, Jr . Robert T. Francis Robert T. Francis John J . Goglia James E. Hall James E. Hall R D D D D D Member Member Member Member Chair Member 12/18/95 02/20/96 Recess appointee 2 01/05/95 08/11/95 03/06/95 08/11/95 03/25/96 06/11/96 10/03/96 Returned' I The chair's term is for two years . 2 The President made the recess appointment on 01/01/95 . 3 The Senate returned the nomination when it adjourned on 10/04/96 . CRS-29 NUCLEAR REGULATORY COMMISSION (NRC) The 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) Current Membership Incumbent Party Date confirmed Term expires Shirley A . Jackson Nils J. Diaz Greta J. Dicus Edward McGaffigan Kenneth C . Rogers Hubert T. Bell, Jr . D R D D R na 04/06/95 06/30/99 08/02/96 06/30/01 12/22/95 06/30/98 08/02/96 06/30/00 05/21/92 06/30/97 06/11/96 Inspector General' Comments Chair Reappointment Appointment Action During 104th Congress Date Date nominated confirmed Nominee Party Position Hubert T . Bell, Jr . Dan M. Berkovitz Nils J. Diaz Greta J. Dicus Shirley A . Jackson Edward McGaffigan Robert M. Sussman na D R D D D D Inspector General 04/16/96 Member 01/05/95 Member 07/12/96 Member 07/17/95 Member 01/05/95 Member 07/12/96 Member 01/05/95 ' 06/11/96 Withdrawn 08/02/96 12/22/95 04/06/95 08/02/96 Withdrawn' The President may remove an incumbent at any time, provided notice of the reason for removal is sent to Congress. 2 The President withdrew the nomination on 11/09/95 . 3 The President withdrew the nomination on 07/17/95 . CRS-30 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC) The 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) Current Membership Incumbent Party Date confirmed Term expires Stuart E . Weisberg Daniel Guttman Velma Montoya na na na 02/08/94 04/27/99 Recess appointment' 06/28/91 04/27/97 Comments Chair Reappointment Appointment Action During 104th Congress Nominee Party Position Daniel Guttman na Daniel Guttman na Daniel Guttman4 na I Member Member Member Date Date nominated confirmed 02/06/96 Returned2 Recess Appointment' 04/15/96 Returned2 The recess appointment expires at the end of the first session of the 105th Congress . 2 The Senate returned the nomination when it adjourned on 10/04/96 . 3 The President made the recess appointment on 04/12/96 4 When a nominee pending before the Senate is given a recess appointment, it is customary to resubmit the nomination in order to avoid a possible salary cut-off to the recess appointee under 5 U .S .C . 5503 . CRS-31 POSTAL RATE COMMISSION (PRC) The Commission 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 for one year. The President designates the chair . The commissioners designate the vice chair . (39 U.S.C . 3601) Current Membership Incumbent Party Date confirmed Edward J. Gleiman H. Edward Quick, Jr . William H . LeBlanc III George W. Haley Vacant D D D R 02/10/94 11/22/91 08/11!/95 11/20/93 Term expires 10/16/98 11/22/96 11/22/00 10/14/98 Comments Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed William H . LeBlanc III Daniel R . Stanley D R 05/02/95 10/02/96 1 Member Member The Senate returned the nomination when it adjourned on 10/04,196 . 08/11/95 Returned' CRS-32 RAILROAD RETIREMENT BOARD (RRB) The 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) Current Membership Incumbent Party Date confirmed Term expires Glen L . Bower Jerome F . Kever Virgil M . Speakman, Jr. Martin J. Dickman na na na na 08/12/92 08/29/97 04/06/95 08/28/98 06/26/95 08/28/99 10/08/94 Inspector General' Comments Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Jerome F . Kever Virgil M . Speakman na na Member Member 01/05/95 01/05/95 1 The President may remove an incumbent at any ti e, sent to Congress. ovide 04/06/95 06/26/95 otice of the reason for removal is CRS-33 SECURITIES AND EXCHANGE COMMISSION (SEC) The 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 . The President designates the chair . (17 U.S .C. 78d) Current Membership Incumbent Party Date confirmed Term expires Arthur Levitt Isaac C. Hunt, Jr. Norman S . Johnson Steven M. H. Wallman Vacant D D R D 07/26/93 01/26/96 01/02/96 06/29/94 06/05/98 06/05/00 06/06/99 06/05/97 06/05/99 Comments Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Issac C . Hunt, Jr. Norman S . Johnson D R Member Member 08/08/95 08/08/95 01/26/96 01/02/96 CRS-34 SURFACE TRANSPORTATION BOARD (STB)' The STB, 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 to exceed one year after . The President designates the chair . (49 U .S.C. 10301) Current Membership Incumbent Party Date confirmed Term expires Linda J. Morgan J. J. Simmons III Gus A. Owen D D R 04/12/94 03/20/91 09/30/94 12/31/98 12/31/95 12/31/97 Comments Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed None 1 The Surface Transportation Board is the successor to the Interstate Commerce Commission . P .L . 104-88, Dec. 29, 1995, 109 Stat . 803, 932-933, abolished the Commission and established the Board . CRS-35 TENNESSEE VALLEY AUTHORITY (TVA) The TVA consists of three members-political balance is not required-who serve nine-year terms. When a term expires, the member must leave office . The President designates the chair . (16 U .S.C. 831a) Current Membership Incumbent Party Date confirmed Term expires Craven H. Crowell, Jr . Johnny H . Hayes William H . Kennoy na na na 07/01/93 05/18/02 Recess appointment' 04/16/91 05/18/99 Comments Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Johnny H . Hayes Johnny H . Hayes Johnny H . Hayes na na na Member Member Member 03/28/96 Returned2 Recess appointment' 06/03/96 Returned2 I The 2 The 3 The recess appointment expires at the end of the first session of the 105th Congress. Senate returned the nomination when it adjourned on 10/04/96 . President made the recess appointment on 05/31/96 . CRS-36 UNITED STATES INTERNATIONAL TRADE COMMISSION (USITC) The Commission consists of six members-no more than three may be from the same political party-who serve nine-year terms . 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 neither belong to the same political party nor be the two most recently appointed members of the Commission . A new chair may not belong to the same political party as the chair being replaced, unless the replacement is to complete an unexpired term . (19 U .S .C. 1330) Current Membership Incumbent Party Date confirmed Term expires Marcia E . Miller Lynn M . Bragg Peter S . Watson D R R 06/26/96 03/25/94 11/21/91 12/16/03 06/16/02 12/16/00 Janet A. Nuzum D 11120191 06116196 Carol T. Crawford Don E . Newquist R D 11/20/91 08/11/88 06/16/99 12/16/97 Comments Chair Vice Chair Appointment Action During 104th Congress Nominee Party Position Date Date nominated confirmed Marcia E. Miller D Member 05/17/96 06/26/96 CRS-37 UNITED STATES PAROLE COMMISSION (USPC) The USPC is an independent agency in the Department of Justice . The enabling statute calls for nine commissioners-political balance is not required-who serve six-year terms, and provides that, when a term expires, a member may continue to serve until a successor takes office . The President designates the chair . (18 U .S .C. 4202) Under P.L. 104-232, the Commission will be phased out by November 1, 2002 . The number of members has been reduced to three commissioners . Current Membership Incumbent Party Date confirmed Term expires Edward F. Reilly Michael J. Gaines John R . Simpson na na na 08/12/92 09/28/94 04/10/92 12/30/02 12/30/99 12/30/01 Comments Chair Appointment Action During 104th Congress Nominee None Party Position Date Date nominated confirmed CRS-38 UNITED STATES SENTENCING COMMISSION (USSC) The Commission consists of seven members, but only the Chair, appointed to a sixyear term, serves full-time . When the term expires, the Chair may continue to serve until a successor takes office . The Commission has two ex officio nonvoting members, the Attorney General or a designee and the chair of the United States Parole Commission . (58 U .S.C. 991a) Current Membership' Incumbent Date Party confirmed Term expires Comments Richard P. Conaboy D 10/31/99 Chair 10/07/94 Appointment Action During 104th Congress Nominee Date Date nominated confirmed Party Position None 3 Only the chairperson, who occupies a full-time positio is listed. CRS-39 ALPHABETICAL LIST OF APPOINTEES Nominee Vicky A . Bailey Herbert T. Bell, Jr . Dan M . Berkovitz George W . Black, Jr . Brooksley E . Born John T. Conway Nils J . Diaz Greta J . Dicus Joseph J . Dinunno Ernest W . DuBester Sarah M. Fox Sarah M. Fox Sarah M. Fox Robert T . Francis Robert T . Francis Gaston L . Gianni . Jr . John J. Goglia Daniel Guttman Daniel Guttman Daniel Guttman Maria L . M . Haley James E . Hall Johnny H . Hayes Johnny H . Hayes Johnny H . Hayes John E . Higgins, Jr. John E . Higgins, Jr. Kenneth B . Hipp James J . Hoecker Issac C . Hunt, Jr. Norwood L. Jackson, Jr. Shirley A . Jackson Magdalena G . Jacobsen Norman S . Johnson Kelly D . Johnston Reginald E . Jones Agency FERC NRC NRC NTSB CFTC DNFSB NRC NRC DNFSB NMB NLRB NLRB NLRB NTSB NTSB FDIC NTSB OSHRC OSHRC OSHRC FIB NTSB TVA TVA TVA NLRB NLRB NMB FERC SEC FDIC NRC NMB SEC FEC EEOC Nominated Confirmed 06/10/96 04/16/96 01/05/95 12/18/95 05/03/96 06/21/95 07/12/96 07/17/95 01/24/96 06/30/95 12/18/95 Recess appointment 01/26/96 Recess appointment 01/05/95 12/20/95 03/06/95 02/06/96 Recess appointment 04/15/96 05/19/95 10/03/96 03/28/96 Recess appointment 06/03/96 Recess appointment 09/03/96 01/05/95 03/28/95 08/08/95 01/05/95 01/05/95 09/27/96 08/08/95 09/25/96 06/10/96 06/26/96 06/11/96 Withdrawn 02/20/96 08/02/96 09/29/95 08/02/96 12/22/95 03/28/96 12/22/95 Returned 2 1 The President withdrew the nomination on 11/09/95 . 2 The Senate returned the nomination when it adjourned on 10/04/96 . 3 The President withdrew the nomination on 12,20/95 . Returned2 08/11/95 03/29/96 08/11/95 Returned2 Returned2 08/11/95 Returned2 Returned 2 Returned2 Returned 2 04/06/95 08/11/95 01/26/96 Withdrawn3 04/06/95 Returned2 01/02/96 Returned 2 07/16/96 CRS-40 ALPHABETICAL LIST OF APPOINTEES Nominee Agency Mary L . Jordan Mary L . Jordan Mary L . Jordan Ann Jorgenson Martin A . Kamarck Martin A . Kamarck Martin A . Kamarck Regina M . Keeney Jerome F . Kever William H . LeBlanc III Edward McGaffigan Marcia E . Miller Thomas H. Moore Thomas H. Moore Bruce A . Morrison Laurence H. Meyer Joseph H. Neely J. Timothy O'Neill Robert Pitofsky James C . Riley Alice M . Rivlin Joe Scroggins, Jr . Beth S . Slaver Virgil M. Speakman David D . Spears Daniel R . Stanley Clifford G . Stewart Robert M. Sussman Donald S . Wasserman Yolanda T . Wheat Yolanda T. Wheat Yolanda T . Wheat FMSHRC FMSHRC FMSHRC FCA EIB EIB EIB FCC RRB PRC NRC USITC CPSC CPSC FHFB FRS FDIC FHFB FTC FMSHRC FRS FMC MSPB RRB CFTC PRC EEOC NRC FLRA NCUA NCUA NCUA 1 The President withdrew the nomination on 07/17/95 . Nominated 05/01/96 Recess appointment 09/03/96 09/30/96 12/21/95 Recess Appointment 04/15/96 08/01/96 01/05/95 05/02/95 07/12/96 05/17/96 01/05/95 07/11/96 01/05/95 03/15/96 07/14/95 01/05/95 01/05/95 09/19/95 03/15/96 07/14/95 06/14/95 01/05/95 05/03/96 10/02/96 03/06/95 01/05/95 07/17/95 11/09/95 Recess appointment 04/15/96 Confirmed Returned' Returned' Returned' Returned' Returned2 Returned2 04/06/95 08/11/95 08/02/96 06/26/96 04/06/95 08/02/96 05/25/95 06/20/96 12/22/95 05/25/95 04/06/95 12/22/95 06/20/96 Returned2 08/11/95 06/26/95 08/02/96 Returned2 06/30/95 Withdrawn' 12/22/95 Returned2 Returned2 CRS-41 TABLE 2 . Status of Positions and Nominations 1996 Number of positions Number of vacant positions Number of positions with expired term CFTC 5 0 1 CPSC 3 0 0 DNFSB 5 0 1 EEOC 6 EXIMBANK 5 Agency l 0 1 0 FCA 0 FCC 5 1 1 FDIC 4 0 0 FEC 6 1 2 FERC 5 0 0 1 1 4 0 0 FMC 5 1 2 FHFB FMSHRC 5 2 0 FRS 7 0 0 FTC 5 0 2 0 0 0 0 FCSC MSPB 3 NCUA 3 NLRB 6 NMB 3 0 NTSB 5 0 1 NRC 6 0 0 0 0 1 0 OSHRC PRC 5 RRB 0 0 0 SEC 5 STB 3 0 1 TVA 3 0 0 USITC 6 0 1 USPC 3 0 0 0 0 12 14 USSC Totals 137 0 1 Agency names are found on page 43 . 2 In most agencies, incumbents whose terms have expired may remain in office until their successors are appointed . CRS-43 LIST OF AGENCY ABBREVIATIONS CFTC Commodity Futures Trading Commission CPSC Consumer Product Safety Commission DNFSB Defense Nuclear Facilities Safety Board 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 FHFB Federal Housing Finance Board 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 FCSC Foreign Claims Settlement Commission ICC' Interstate Commerce 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 Rate Commission RRB Railroad Retirement Board SEC Securities and Exchange Commission STB' Surface Transportation Board Tennessee Valley Authority TVA USITC United States International Trade Commission USPC United States Parole Commission USSC United States Sentencing Commission 1 The Interstate Commerce Commission was abolished and replaced by the Surface Transportation Board, effective January 1, 1996 (P .L . 104-88, December 29, 1995, 109 Stat . 803, 932-933). LIST OF POLITICAL PARTY ABBREVIATIONS D I R na Democratic Independent Republican Not applicable, political balance is not required . crsphpgw