Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 114th Congress

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 151 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 114th 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 114th 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 an appendix.

During the 114th Congress, the President submitted 61 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 Of these 61 nominations, 23 were confirmed, 3 were withdrawn, and 35 were returned to the President. At the end of the 114th Congress, 28 incumbents were serving past the expiration of their terms. In addition, there were 40 vacancies among the 151 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 2016 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, 114th Congress

November 28, 2017 (R45029)
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Contents

Tables

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 151 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 114th 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 114th 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 an appendix.

During the 114th Congress, the President submitted 61 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 61 nominations, 23 were confirmed, 3 were withdrawn, and 35 were returned to the President. At the end of the 114th Congress, 28 incumbents were serving past the expiration of their terms. In addition, there were 40 vacancies among the 151 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 2016 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, 114th 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 114th Congress, all nominations submitted to the Senate for full-time positions on 34 regulatory and other collegial boards and commissions.

This report includes profiles 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 114th 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 114th Congress and the pay levels of those positions. The second table tracks appointment activity for each board or commission within the 114th 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 114th 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 2016 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 are available at http://www.crs.gov.2

Characteristics of Regulatory and Other Collegial Bodies

Commonalities

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.

Terms of Office

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.

Appointment of Chairs and Political Independence

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 a member's death. 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.

Political Affiliations and Inspectors General

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 114th Congress

During the 114th Congress, President Barack H. Obama submitted nominations to the Senate for 57 of the 151 full-time positions on 34 regulatory and other boards and commissions (most of the remaining positions were not vacant during that time). In attempting to fill these 57 positions, he submitted a total of 61 nominations, of which 23 were confirmed, 3 were withdrawn, and 35 were returned to the President. No recess appointments were made. Table 1 summarizes the appointment activity for the 114th Congress. At the end of the Congress, 28 incumbents were serving past the expiration of their terms.5 In addition, there were 40 vacancies among the 151 positions.

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

(114th Congress, 2015-2016)

Positions on Boards and Commissions (Total)

151

Positions to which nominations were made

57

Individual nominees

56

Nominations Submitted to the Senate During the 114th Congress (Total)

61

Disposition of nominations

 

Confirmed by the Senate

23

Withdrawn

3

Returned

35

Recess Appointments

0

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

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 114th Congress, the number of days between nomination and confirmation ("days to confirm").

Under Senate Rules, nominations not acted on by the Senate at the end of a session of Congress (or before a recess of 30 days) are returned to the President.6 The Senate, by unanimous consent, often waives this rule—although not always.7 In cases where the President resubmits a returned nomination, this report measures the days to confirm from the date of receipt of the resubmitted nomination, not the original.

For those nominations confirmed in the 114th Congress, a mean of 128.6 days elapsed between nomination and confirmation. The median number of days elapsed was 89.0.

Organization of the Report

Board and Commission Profiles

Each of the 34 board or commission profiles in this report is organized into three parts. First, the leadership structure section discusses 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.

The first table lists incumbents to full-time positions as of the end of the 114th Congress, along with party affiliation8 (where applicable), date of first confirmation, term expiration date, and pay level. 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 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.9

The second table lists appointment action for vacant positions during the 114th Congress in chronological order. This table provides the name of the nominee, position title, date of nomination or appointment, date of confirmation, and number of days between receipt of a nomination and confirmation, and notes relevant actions other than confirmation (e.g., nominations returned to or withdrawn by the President).

When more than one nominee has had appointment action, the second table also provides statistics on the length of time between nomination and confirmation. The average days to confirm are provided in two ways: mean and median. The mean is a more familiar measure, though it may be influenced by outliers in the data. The median, by contrast, does not tend to be influenced by outliers. In other words, a nomination that took an extraordinarily long time to be confirmed might cause a significant change in the mean, but the median would be unaffected. Examining both numbers offers more information with which to assess the central tendency of the data.

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 114th 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. Table A-1 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.10

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, it shows 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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vanessa L.A. Sutherland (Chair)

NA

08/05/15

08/10/20

IV

Manuel H. Ehrlich

NA

12/16/14

12/21/19

IV

Richard J. Engler

NA

12/16/14

02/04/20

IV

Kristin M. Kulinowski

NA

08/05/15

08/10/20

IV

Vacant

NA

IV

Source: Table created using data from agency websites and the Legislative Information System (LIS) Senate nominations database at http://www.lis.gov/nomis/.

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. Board terms expire five years from the time of appointment.

Table 3. Chemical Safety and Hazard Investigation Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Kristin M. Kulinowski

NA

Member

Beth J. Rosenberg

01/08/15

08/05/15

209

Vanessa L.A. Sutherland

NA

Member

Rafael Moure-Eraso

03/11/15

08/05/15

147

Vanessa L.A. Sutherland

NA

Chair

Rafael Moure-Eraso

03/11/15

08/05/15

147

Rachel A. Meidl

NA

Member

Mark A. Griffon

11/29/16

01/03/17

35

Mean number of days to confirm a nomination

134.5

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Timothy G. Massad (Chair)

D

06/03/14

04/13/17

III

Sharon Y. Bowen

D

06/03/14

04/13/18

IV

J. Christopher Giancarlo

R

06/03/14

04/13/19

IV

Vacant

04/13/20

IV

Vacant

06/19/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 5. Commodity Futures Trading Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Christopher J. Brummer

D

Commissioner

Mark P. Wetjen

03/03/16

Returned 01/03/17a

Christopher J. Brummer

D

Commissioner

Reappointment

03/03/16

Returned 01/03/17a

Brian D. Quintenz

R

Commissioner

Scott O'Malia

03/03/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

10/26/20

III

Ann Marie Buerkle (Acting Chair)

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: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 7. Consumer Product Safety Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Joyce L. Connery (Chair)

D

08/05/15

10/18/19

III

Jessie H. Roberson (Vice Chair)a

D

10/29/99b

10/18/13

III

Sean Sullivana

R

08/02/12

10/18/15

III

Daniel J. Santos

D

12/16/14

10/18/17

III

Joseph B. Hamiltona

R

08/05/15

10/18/16

III

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jessie H. Roberson

D

Member

Reappointment

02/05/15

Withdrawn 07/16/15

Joyce L. Connery

D

Member

Peter S. Winokur

04/13/15

08/05/15

114

Joseph B. Hamilton

R

Member

Kenneth L. Mossman

04/13/15

08/05/15

114

Gail H. Marcus

D

Member

Jessie H. Roberson

04/28/16

Returned 01/03/17a

Joseph B. Hamilton

R

Member

Reappointment

11/29/16

Returned 01/03/17a

Mean number of days to confirm a nomination

114.0

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Thomas Hicks (Chair)

D

12/16/14

12/12/17

IV

Matthew V. Masterson (Vice-Chair)

R

12/16/14

12/12/17

IV

Christy A. McCormicka

R

12/16/14

12/12/15

IV

Vacant

12/12/19

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The incumbent shown in italics term had expired. She continued to serve under the holdover provision noted above.

Table 11. Election Assistance Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Kathleen M. Marshall

D

Member

Rosemary E. Rodriguez

04/28/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Jenny R. Yang (Chair)

D

04/25/13

07/01/17

III

Constance S. Barkera

R

06/27/08

07/01/16

IV

Victoria A. Lipnic

R

12/22/10

07/01/20

IV

Chai R. Feldblum

D

12/22/10

07/01/18

IV

Charlotte A. Burrows

D

12/03/14

07/01/19

IV

General Counsel

 

 

 

 

Vacant

4 years from appointment

V

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: The statutory provision establishing the position of general counsel does not include qualifications related to political party affiliation.

a. The incumbent shown in italics term had expired. She continued to serve under the holdover provision noted above.

Table 13. Equal Employment Opportunity Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Victoria A. Lipnic

R

Member

Reappointment

7/30/15

11/19/15

112

Constance S. Barker

R

Member

Reappointment

7/13/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th 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

Vacant (Vice President/Vice Chair)

01/20/19

IV

Vacant

01/20/19

IV

Vacant

01/20/21

IV

Vacant

01/20/21

IV

Inspector General

 

 

 

 

Vacant

Indefinite

III + 3%a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Patricia M. Loui-Schmicker

D

Member

Reappointment

03/16/15

Withdrawn 01/11/16

John M. McWatters

R

Member

Sean R. Mulvaney

01/11/16

Returned 01/03/17a

Kimberly J. Walker

NA

Inspector General

Osvaldo L.G. Munet

07/07/16

Returned 01/03/17a

Claudia Slacik

D

Member

Patricia M. Loui

09/19/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Dallas P. Tonsager (Chair)

D

03/09/15

05/21/20

III

Jeffery S. Hall

R

03/09/15

10/13/18

IV

Kenneth A. Spearmana

D

10/08/09

05/21/16

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The incumbent shown in italics term had expired. He continued to serve under the holdover provision noted above.

Table 17. Farm Credit Administration Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jeffery S. Hall

R

Member

Leland A. Strom

01/08/15

03/09/15

60

Dallas P. Tonsager

D

Member

Jill L. Thompson

01/26/15

03/09/15

42

Mean number of days to confirm a nomination

51.0

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Thomas E. Wheeler (Chair)

D

10/29/13

06/30/18

III

Jessica Rosenworcela

D

05/07/12

06/30/15

IV

Ajit V. Paia

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: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 19. Federal Communications Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jessica Rosenworcel

D

Member

Reappointment

05/21/15

Returned 01/03/17

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th 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

Vacant

IV

Inspector General

 

 

 

 

Vacantb

Indefinite

III + 3%c

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: 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. Jay N. Lerner was confirmed near the end of the 114th Congress on December 10, 2016, but was not appointed to begin his term as Inspector General until January 9, 2017, in the 115th Congress.

c. 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 21. Federal Deposit Insurance Corporation Board of Directors Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jay N. Lerner

NA

Inspector General

Jon T. Rymer

01/13/15

12/10/16

697

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Note: The statute establishing the position of inspector general provides that appointment shall be made without regard to political party affiliation.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Steven T. Walthera (Chair)

I

06/24/08

04/30/09

IV

Caroline C. Huntera (Vice Chair)

R

06/24/08

04/30/13

IV

Lee E. Goodmana

R

09/23/13

04/30/15

IV

Ann M. Ravel

D

09/23/13

04/30/17

IV

Ellen L. Weintrauba

D

03/18/03

04/30/07

IV

Matthew S. Petersena

R

06/24/08

04/30/11

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Norman Bay (Chair)

D

07/15/14

06/30/18

III

Cheryl A. LaFleur

D

06/22/10

06/30/19

IV

Colette D. Honorable

D

12/16/14

06/30/17

IV

Vacant

06/30/20

IV

Vacant

06/30/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 25. Federal Energy Regulatory Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Members

 

 

 

 

Carol W. Popea (Chair)

D

10/26/00

07/01/14

IV

Patrick Pizzellaa

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: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: The statutory provision establishing the position of general counsel does not include qualifications related to political party affiliation.

a. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 27. Federal Labor Relations Authority Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Carol W. Pope

D

Member

Reappointment

04/14/15

Returned 01/03/17a

Patrick Pizzella

R

Member

Reappointment

11/19/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

Federal Maritime Commission

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

Table 28. Full-Time Federal Maritime Commission Incumbents

(as of the end of the 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mario Cordero (Chair)

D

04/14/11

06/30/19

III

William P. Doyle

D

01/01/13

06/30/18

IV

Rebecca F. Dye

R

11/14/02

06/30/20

IV

Michael A. Khouri

R

12/24/09

06/30/21

IV

Daniel B. Maffei

D

06/29/16

06/30/17

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 29. Federal Maritime Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mario Codero

D

Commissioner

Reappointment

01/13/15

10/08/15

268

William P. Doyle

D

Commissioner

Reappointment

01/29/15

03/23/15

53

Daniel B. Maffei

D

Commissioner

Richard A. Lidinsky, Jr.

11/19/15

06/29/16

223

Rebecca F. Dye

R

Commissioner

Reappointment

05/26/16

06/29/16

34

Michael A. Khouri

R

Commissioner

Reappointment

06/09/16

06/29/16

20

Mean number of days to confirm a nomination

119.6

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mary L. Jordan (Chair)

NA

04/14/94a

08/30/20

III

Robert F. Cohen, Jr.

NA

03/13/08

08/30/18

IV

William I. Althen

NA

08/01/13

08/30/18

IV

Michael G. Young

NA

07/31/03b

08/30/20

IV

Vacant

08/30/22

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: As noted above, the membership of the Federal Mine Safety and Health Review Commission is not required to be politically balanced.

a. Jordan was initially confirmed to the board on April 14, 1994. She served from April 1994 to August 2014. From September 2014 to April 2015 she served as Counsel to the Commission. Jordan was again confirmed to the Commission on March 27, 2015.

b. Young was initially confirmed to the board on July 31, 2003. He served from July 2003 to August 2014. From September 2014 to April 2015 he served as Counsel to the Commission. Young was again confirmed to the Commission on March 27, 2015

Table 31. Federal Mine Safety and Health Review Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mary L. Jordan

NA

Member

Reappointment

01/08/15

03/27/15

78

Michael Young

NA

Member

Reappointment

01/08/15

03/27/15

78

Patrick K. Nakamura

NA

Member

Reappointment

11/29/16

Returned 01/03/17a

Mean number of days to confirm a nomination

78.0

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 seven 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 four-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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Janet L. Yellen (Chair)

NA

08/11/94a

01/31/24b

I

Stanley Fischer (Vice Chair)

NA

05/21/14

01/31/20b

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

01/31/18

II

Vacant

01/31/30

II

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: As noted above, the membership of the Federal Reserve System Board of Governors is not required to be politically balanced.

a. Yellen was first confirmed as a member of the board on August 11, 1994. She served in that position for 3 years, until February 1997. Yellen was later nominated and confirmed as a member and Vice Chair of the board, on September 29, 2010.

b. 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Allan R. Landon

NA

Member

Sarah B. Raskin

01/07/15

Returned 01/03/17a

Allan R. Landon

NA

Member

Reappointment

01/07/15

Returned 01/03/17a

Kathryn M. Dominguez

NA

Member

Jeremy C. Stein

07/21/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Edith Ramirez (Chair)a

D

03/03/10

09/25/15

III

Terrell McSweeny

D

04/09/14

09/25/17

IV

Maureen K. Ohlhausen

R

03/29/12

09/25/18

IV

Vacant

09/25/19

IV

Vacant

09/25/20

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The incumbent shown in italics term had expired. She continued to serve under the holdover provision noted above.

Table 35. Federal Trade Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Edith Ramirez

D

Commissioner

Reappointment

12/14/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

S. Roy Woodall Jr.

NA

09/26/11

09/26/17

III

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Note: 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

09/30/18

V

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 39. Foreign Claims Settlement Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Susan T. Grundmann (Chair)a

D

11/05/09

03/01/16

III

Mark A. Robbins

R

04/26/12

03/01/18

IV

Vacant

03/01/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The incumbent shown in italics term had expired. She continued to serve under the holdover provision noted above.

Table 41. Merit Systems Protection Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mark P. Cohen

D

Member

Anne M. Wagner

07/08/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Richard T. Metsger (Chair)

D

08/01/13

08/02/17

III

J. Mark McWatters

R

06/19/14

08/02/19

IV

Vacant

04/10/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 43. National Credit Union Administration Board of Directors Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

John A. Herrera

D

Member

Deborah Matz

07/13/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board

 

 

 

 

Mark G. Pearce (Chair)

D

06/22/10

08/27/18

III

Philip A. Miscimarra

R

07/30/13

12/16/17

IV

Lauren M. McFerran

D

12/08/14

12/16/19

IV

Vacant

IV

Vacant

IV

General Counsel

 

 

 

 

Richard F. Griffin, Jr.

NA

10/29/13

4 years from appointment

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Note: 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Kent Y. Hirozawa

D

Member

Reappointment

04/28/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Linda A. Puchala (Chair)a

D

05/21/09

07/01/15

III

Harry R. Hoglandera

D

08/01/02

07/01/14

IV

Nicholas C. Gealea

R

08/01/13

07/01/16

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 47. National Mediation Board Appointment Action
During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Linda A. Puchala

D

Member

Reappointment

09/16/15

Returned 01/03/17a

Harry R. Hoglander

D

Member

Reappointment

11/19/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Christopher A. Hart (Chair)

D

08/04/90a

12/31/17b

III

Tho Dinh-Zarr (Vice Chair)

D

03/12/15

12/31/18

IV

Earl F. Weenerc

R

06/22/10

12/31/15

IV

Robert L. Sumwalt IIIc

R

08/03/06

12/31/16

IV

Vacant

12/31/19

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. Hart was initially confirmed as a board member on August 4, 1990. He served on the National Transportation Safety Board until 1993. Hart resumed serving on the Board beginning with the 111th Congress.

b. Hart's term as a member expires on December 31, 2017. His term as chair expired on March 17, 2017, two years from the date of his appointment to that post.

c. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 49. National Transportation Safety Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Tho Dinh-Zarr

D

Member

Deborah A.P. Hersman

01/08/15

03/12/15

63

Christopher A. Hart

D

Chair

Deborah A.P. Hersman

02/05/15

03/12/15

35

Beverly A. Scott

D

Member

Mark R. Rosekind

07/30/15

Withdrawn 10/05/15

Mean number of days to confirm a nomination

49.0

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Commissioners

 

 

 

 

Stephen G. Burns (Chair)

D

09/16/14

06/30/19

II

Kristine L. Svinicki

R

03/13/08

06/30/17

III

Jeffery M. Baran

D

09/16/14

06/30/18

III

Vacant

06/30/20

III

Vacant

06/30/21

III

Inspector General

 

 

 

 

Hubert T. Bell

NA

06/11/96

Indefinite

III + 3%a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: 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 51. Nuclear Regulatory Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Jessie H. Roberson

D

Member

Jeffery M. Baran

07/16/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Cynthia L. Attwood (Chair)

NA

02/11/10

04/27/19

III

Heather L. MacDougall

NA

03/12/14

04/27/17

IV

Vacant

04/27/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Note: 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Robert G. Taub (Chair)

R

09/26/11

10/14/22

III

Nanci E. Langley (Vice Chair)

D

06/04/08

11/22/18

IV

Tony Hammond

R

11/12/02

10/14/18

IV

Mark D. Acton

R

08/03/06

10/14/22

IV

Vacant

11/22/19

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 55. Postal Regulatory Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Mark D. Acton

R

Commissioner

Reappointment

06/16/16

12/10/16

177

Robert G. Taub

R

Commissioner

Reappointment

09/12/16

12/10/16

89

Mean number of days to confirm a nomination

133.0

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

01/29/18

III

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 57. Privacy and Civil Liberties Oversight Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Board

 

 

 

 

Vacant (Chair; Member-at-Large)

08/28/17

III

Walter A. Barrowsa (Labor Member)

NA

09/26/11

08/28/14

IV

Steven J. Anthony (Management Member)

NA

04/09/14

08/28/18

IV

Inspector General

 

 

 

 

Martin J. Dickman

NA

10/08/94

Indefinite

III + 3%b

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: 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. The incumbent shown in italics term had expired. He continued to serve under the holdover provision noted above.

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

Table 59. Railroad Retirement Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Walter A. Barrows

NA

Member

Reappointment

01/08/15

Returned 01/03/17a

Thomas G. Kotarac

NA

Member

Michael Schwartz

06/23/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Mary Jo White (Chair)

I

04/08/13

06/05/19

III

Kara M. Stein

D

08/01/13

06/05/17

IV

Michael S. Piwowar

R

08/01/13

06/05/18

IV

Vacant

06/05/20

IV

Vacant

06/05/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 61. Securities and Exchange Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Lisa M. Fairfax

D

Member

Luis Aguilar

10/21/15

Returned 01/03/17a

Hester M. Peirce

R

Member

Daniel M. Gallagher, Jr.

10/21/15

Returned 01/03/17a

Hester M. Peirce

R

Member

Reappointment

11/16/15

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

Surface Transportation Board

The Surface Transportation Board, located within the Department of Transportation, 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 a successor takes office but for not more than one year after expiration. The President designates the chair. (49 U.S.C. §1301)

Table 62. Full-Time Surface Transportation Board Incumbents

(as of the end of the 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Daniel R. Elliott III (Chair)

D

08/07/09

12/31/18

III

Debra L. Miller (Vice Chair)

D

04/09/14

12/31/17

IV

Ann D. Begeman

R

04/14/11

12/31/20

IV

Vacant

IV

Vacant

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Table 63. Surface Transportation Board Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Daniel R. Elliott III

D

Member

Reappointment

01/13/15

06/22/15

160

Ann Begeman

R

Member

Reappointment

12/07/16

12/10/16

3

Mean number of days to confirm a nomination

81.5

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Irving A. Williamson (Chair)a

D

02/01/07

06/16/14

III

David S. Johanson (Vice Chair)

R

10/31/11

12/16/18

IV

Dean A. Pinkerta

D

02/01/07

12/16/15

IV

Meredith Broadbent

R

08/02/12

06/16/17

IV

F. Scott Kieff

R

08/01/13

06/16/20

IV

Rhonda K Schmidtlein

D

03/06/14

12/16/21

IV

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision noted above.

Table 65. United States International Trade Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

No appointment action during the 114th Congress

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Vacant (Chair)

NA

IV

Patricia K. Cushwaa (Vice Chair)

NA

11/21/04

12/11/10

V

Charles T. Massarone

NA

05/24/12

08/16/18

V

Vacant

V

Vacant

V

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

Notes: As noted above, the membership of the United States Parole Commission is not required to be politically balanced.

a. The incumbent shown in italics term had expired. She continued to serve under the holdover provision above.

Table 67. United States Parole Commission Appointment Action During the 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Almo J. Carter

NA

Commissioner

Patricia K. Cushwa

03/17/16

Returned 01/03/17a

Larry T. Glenn

NA

Commissioner

Isaac Fulwood, Jr.

03/17/16

Returned 01/03/17a

J. Patricia Wilson Smoot

NA

Commissioner

Reappointment

05/11/16

Returned 01/03/17a

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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 114th Congress)

Incumbent

Party

Date First Confirmed

Term Expires

Pay Level

Patti B. Saris (Chair)a

b

12/22/10

10/31/15

Same as rate for federal appeals court judges

Charles R. Breyer (Vice Chair)a

b

06/06/13

10/31/15

 

Vacant (Vice Chair)

10/31/13

 

Vacant (Vice Chair)

10/31/17

 

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

a. The terms of incumbents shown in italics had expired. They continued to serve under the holdover provision above.

b. 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 114th Congress

Nominee

Party

Position

To Replace

Date Nominated

Date Confirmed

Days to Confirm

Charles R. Breyer

a

Member (Vice Chair)

Reappointment

09/09/15

Returned 01/03/17b

Richard F. Boulware II

a

Member

Ketanji B. Jackson

09/09/15

Returned 01/03/17b

Danny C. Reeves

a

Member

Ricardo H. Hinojosa

03/15/16

Returned 01/03/17b

Source: Table created using data on agency websites and the LIS Senate nominations database at http://www.lis.gov/nomis/.

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

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

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

Table A-1. Nominations and Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 114th Congress

Nominee

Board/
Commissiona

Date Nominated

Date Confirmed

Days to Confirm

Mark D. Acton

PRC

06/16/16

12/10/16

177

Constance S. Barker

EEOC

07/13/16

Returned 01/03/17

Walter A. Barrows

RRB

01/08/15

Returned 01/03/17

Richard F. Boulware II

USSC

09/09/15

Returned 01/03/17

Charles R. Breyer

USSC

09/09/15

Returned 01/03/17

Christopher J. Brummer

CFTC

03/03/16

Returned 01/03/17

Christopher J. Brummer

CFTC

03/03/16

Returned 01/03/17

Almo J. Carter

USPC

03/17/16

Returned 01/03/17

Mark P. Cohen

MSPB

07/08/15

Returned 01/03/17

Joyce L. Connery

DNFSB

04/13/15

08/05/15

114

Kathryn M. Dominguez

FRS

07/21/15

Returned 01/03/17

William P. Doyle

FMC

01/29/15

03/23/15

53

Rebecca F. Dye

FMC

05/26/16

06/29/16

34

Daniel R. Elliott III

STB

01/13/15

06/22/15

160

Lisa M. Fairfax

SEC

10/21/15

Returned 01/03/17

Larry T. Glenn

USPC

03/17/16

Returned 01/03/17

Jeffery S. Hall

FCA

01/08/15

03/09/15

60

Joseph B. Hamilton

DNFSB

04/13/15

08/05/15

114

Joseph B. Hamilton

DNFSB

11/29/16

Returned 01/03/17

Christopher A. Hart

NTSB

02/05/15

03/12/15

35

John A. Herrera

NCUA

07/13/16

Returned 01/03/17

Kent Y. Hirozawa

NLRB

04/28/16

Returned 01/03/17

Harry R. Hoglander

NMB

11/19/15

Returned 01/03/17

Mary L. Jordan

FMSHRC

1/8/2015

03/27/15

78

Michael A. Khouri

FMC

06/09/16

06/29/16

20

Thomas G. Kotarac

RRB

06/23/16

Returned 01/03/17

Kristin M. Kulinowski

CSB

01/08/15

08/05/15

209

Allan R. Landon

FRS

01/07/15

Returned 01/03/17

Allan R. Landon

FRS

01/07/15

Returned 01/03/17

Jay N. Lerner

FDIC

01/13/15

12/10/16

697

Victoria A. Lipnic

EEOC

07/30/15

11/19/15

112

Patricia M. Loui-Schmicker

EXIM

03/16/15

Withdrawn 01/11/16

Daniel B. Maffei

FMC

11/19/15

06/29/16

223

Gail H. Marcus

DNFSB

04/28/16

Returned 01/03/17

Kathleen M. Marshall

EAC

04/28/16

Returned 01/03/17

John M. McWatters

EXIM

01/11/16

Returned 01/03/17

Rachel A. Meidl

CSB

11/29/16

01/03/17

35

Patrick K. Nakamura

FMSHRC

11/29/16

Returned 01/03/17

Hester M. Peirce

SEC

10/21/15

Returned 01/03/17

Hester M. Peirce

SEC

11/16/15

Returned 01/03/17

Carol W. Pope

FLRA

04/14/15

Returned 01/03/17

Linda A. Puchala

NMB

09/16/15

Returned 01/03/17

Brian D. Quintenz

CFTC

03/03/16

Returned 01/03/17

Danny C. Reeves

USSC

03/15/16

Returned 01/03/17

Jessie H. Roberson

DNFSB

02/05/15

Withdrawn 07/16/15

Jessie H. Roberson

NRC

07/16/15

Returned 01/03/17

Beverly A. Scott

NTSB

07/30/15

Withdrawn 10/05/15

Vanessa L.A. Sutherland

CSB

03/11/15

08/05/15

147

Vanessa L.A. Sutherland

CSB

03/11/15

08/05/15

147

Robert G. Taub

PRC

09/12/16

12/10/16

89

Dallas P. Tonsager

FCA

01/26/15

03/09/15

42

Kimberly J. Walker

EXIM

07/07/16

Returned 01/03/17

Ann Begeman

STB

12/07/16

12/10/16

3

Mario Codero

FMC

01/13/15

10/08/15

268

Tho Dinh-Zarr

NTSB

01/08/15

03/12/15

63

Patrick Pizzella

FLRA

11/19/15

Returned 01/03/17

Edith Ramirez

FTC

12/14/15

Returned 01/03/17

Jessica Rosenworcel

FCC

05/21/15

Returned 01/03/17

Claudia Slacik

EXIM

09/19/16

Returned 01/03/17

J. Patricia Wilson Smoot

USPC

05/11/16

Returned 01/03/17

Michael Young

FMSHRC

01/08/15

03/27/15

78

Mean number of days to confirm

128.6

Median number of days to confirm

89.0

Source: Table created by CRS using data from the LIS Senate nominations database 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, 114th 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

1

0

4

3

4

4

0

0

0

CFTC

5

2

0

3

2

2

0

3

0

0

CPSC

5

1

0

0

0

0

0

0

0

0

DNFSB

5

0

3

5

4

4

2

2

1

0

EAC

4

1

1

1

1

1

0

1

0

0

EEOC

6

1

1

2

2

2

1

1

0

0

EXIMBANK

6

5

0

4

4

4

0

3

1

0

FCA

3

0

1

2

2

2

2

0

0

0

FCC

5

0

2

1

1

1

0

1

0

0

FDIC

4

2

0

1

1

1

1

0

0

0

FEC

6

0

5

0

0

0

0

0

0

0

FERC

5

2

0

0

0

0

0

0

0

0

FLRA

4

0

2

2

2

2

0

2

0

0

FMC

5

0

0

5

5

5

5

0

0

0

FMSHRC

5

1

0

3

3

3

2

1

0

0

FRS

7

2

0

3

2

2

0

3

0

0

FTC

5

2

1

1

1

1

0

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

1

1

1

1

1

0

1

0

0

NCUA

3

1

0

1

1

1

0

1

0

0

NLRB

6

2

0

1

1

1

0

1

0

0

NMB

3

0

3

2

2

2

0

2

0

0

NTSB

5

1

2

3

3

3

2

0

1

0

NRC

6

2

0

1

1

1

0

1

0

0

OSHRC

3

1

0

0

0

0

0

0

0

0

PRC

5

1

0

2

2

2

2

0

0

0

PCLOB

1

1

0

0

0

0

0

0

0

0

RRB

4

1

1

2

2

2

0

2

0

0

SEC

5

2

0

3

2

2

0

3

0

0

STB

5

2

0

2

2

2

2

0

0

0

USITC

6

0

2

0

0

0

0

0

0

0

USPC

5

2

1

3

3

3

0

3

0

0

USSC

4

2

2

3

3

3

0

3

0

0

Total

151

40

28

61

56

57

23

35

3

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 114th 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: Table created by CRS using data found from the LIS Senate nominations database at http://www.lis.gov/nomis/.

Author Contact Information

[author name scrubbed], Senior Research Librarian ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Senior Research Librarian ([email address scrubbed], [phone number scrubbed])

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://www.crs.gov/search/#/0?termsToSearch=Executive%20%26%20Judicial%20Branch%20Appointments&orderBy=Date&navIds=4294931003.

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); (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 provision specifying 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.

For more information on floor procedure related to Senate consideration of nominations, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by [author name scrubbed].

7.

Notably, on January 3, 2014, nearly all nominations were returned to the President under Senate rules, between the first and second session of the 113th Congress. No unanimous consent agreement was reached that nominations received in the first session remain as status quo notwithstanding Senate Rule XXXI (which requires nominations not acted upon to be returned to the President at the end of the session). In most cases, the President re-nominated those individuals whose nominations had been returned to him.

8.

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).

9.

The annual pay rates for the Executive Schedule, as of the end of the 114th Congress (2016), were as follows: Level I, $205,700; Level II, $185,100; Level III, $170,000; Level IV, $160,300; and Level V, $150,200. U.S. Office of Personnel Management, "Salary Table No. 2016-EX," available at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/16Tables/exec/html/EX.aspx.

10.

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