Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 106th Congress

This report lists full-time positions, requiring Senate confirmation, in regulatory and other collegial bodies. Incumbents in each position are identified, as are fixed-term positions, and the dates their terms of office expire. The report also provides information on the nominations made by President Clinton to positions that were vacant or had incumbents whose terms had expired, and Senate actions on the nominations. In addition, a brief profile of each board and commission indicates if political balance is required among the members, and, if so, the political affiliation of the incumbent, and whether an incumbent may remain in office when a term expires. During the 106th Congress, which adjourned on December 15, 2000, the President submitted 76 nominations to positions on regulatory boards and commissions. Forty-two of the nominations were confirmed, seven withdrawn and 27 returned. On average, the Senate took 83 days to confirm a nomination. As of December 31, 2000, of 147 positions in 33 agencies, 19 were vacant, 17 were filled by incumbents whose terms had expired, and 10 were filled by recess appointees. The rest were filled by incumbents who had been confirmed by the Senate and whose term of office had not 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), from the Weekly Compilation of Presidential Documents , and through telephone discussions with agency officials.

Order Code RL30476 CRS Report for Congress Received through the CRS Web Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 106th Congress Updated March 21, 2001 -name redactedSpecialist in American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 106th Congress Summary This report lists full-time positions, requiring Senate confirmation, in regulatory and other collegial bodies. Incumbents in each position are identified, as are fixedterm positions, and the dates their terms of office expire. The report also provides information on the nominations made by President Clinton to positions that were vacant or had incumbents whose terms had expired, and Senate actions on the nominations. In addition, a brief profile of each board and commission indicates if political balance is required among the members, and, if so, the political affiliation of the incumbent, and whether an incumbent may remain in office when a term expires. During the 106th Congress, which adjourned on December 15, 2000, the President submitted 76 nominations to positions on regulatory boards and commissions. Forty-two of the nominations were confirmed, seven withdrawn and 27 returned. On average, the Senate took 83 days to confirm a nomination. As of December 31, 2000, of 147 positions in 33 agencies, 19 were vacant, 17 were filled by incumbents whose terms had expired, and 10 were filled by recess appointees. The rest were filled by incumbents who had been confirmed by the Senate and whose term of office had not 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), from the Weekly Compilation of Presidential Documents, and through telephone discussions with agency officials. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Appointments During the 106th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Average Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Characterization of Regulatory and Other Collegial Bodies . . . . . . . . . . . . 5 Organization of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Positions in Agencies and Their Status . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chemical Safety and Hazard Investigation Board (CSHIB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commodity Futures Trading Commission (CFTC) . . . . . . . . . . . . . . . . . . . . . . 12 Consumer Product Safety Commission (CPSC) . . . . . . . . . . . . . . . . . . . . . . . . 13 Defense Nuclear Facilities Safety Board (DNFSB) . . . . . . . . . . . . . . . . . . . . . . 14 Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . . . . . . . . 15 Export-Import Bank (EXIMBANK) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Farm Credit Administration (FCA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Federal Communications Commission (FCC) . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Federal Deposit Insurance Corporation (FDIC), Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Federal Election Commission (FEC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Federal Energy Regulatory Commission (FERC) . . . . . . . . . . . . . . . . . . . . . . . 21 Federal Housing Finance Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Federal Labor Relations Authority (FLRA) . . . . . . . . . . . . . . . . . . . . . . . 23 Federal Maritime Commission (FMC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Federal Mine Safety and Health Review Commission (FMSHRC) . . . . . . . . . . 25 Federal Reserve System (FRS), Board of Governors . . . . . . . . . . . . . . . . . . . . 26 Federal Trade Commission (FTC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Foreign Claims Settlement Commission (FCSC) . . . . . . . . . . . . . . . . . . . . . . . 28 Merit Systems Protection Board (MSPB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 National Credit Union Administration (NCUA), Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 National Labor Relations Board (NLRB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 National Mediation Board (NMB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 National Transportation Safety Board (NTSB) . . . . . . . . . . . . . . . . . . . . . . . . 33 Nuclear Regulatory Commission (NRC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Occupational Safety and Health Review Commission (OSHRC) . . . . . . . . . . . 35 Postal Rate Commission (PRC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Railroad Retirement Board (RRB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Securities and Exchange Commission (SEC) . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Surface Transportation Board (STB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Tennessee Valley Authority (TVA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 United States International Trade Commission (USITC) . . . . . . . . . . . . . . . . . 41 United States Parole Commission (USPC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 United States Sentencing Commission (USSC) . . . . . . . . . . . . . . . . . . . . . . . . 43 List of Agency Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 List of Tables Table 1. Appointment Action During 106th Congress . . . . . . . . . . . . . . . . . . . . 1 Table 2. Alphabetical List of Appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Table 3. Number of Agency Positions, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 106th Congress Introduction Appointments During the 106th Congress During the 106th Congress, the President submitted 76 nominations1 to fulltime positions on regulatory boards and commissions. Forty-two of the nominations were confirmed, seven withdrawn and 27 returned. The large number of failed nominations reflects the fact that in a presidential election year the Senate, when controlled by the opposition party, is reluctant to confirm nominees to fixed-term positions in which they may serve for several years. The reluctance is based on the hope that its own presidential candidate would win the election and make appointments to the positions. Table 1 presents the appointment action in the 106th Congress. 1. Appointment Action During the 106th Congress, 1999 - 2000 Positions Nominations submitted to Senate Nominations confirmed Nominations withdrawn Nominations returned Recess appointments 1 147 76 42 7 27 17 To avoid double counting, only one nomination is counted as being submitted when (1) a nomination is withdrawn by the White House to make a minor change and is then immediately resubmitted to the Senate; or (2) the same person was nominated both as member and as chair; or (3) a nomination is submitted to the Senate, the nominee is given a recess appointment while the nomination is pending, and a second nomination is submitted notifying the Senate that the nominee has been given a recess appointment. Consequently, total figures regarding nominations in this report will not be the same as those found in the monthly “Resume of Congressional Activity” in the Congressional Record, nor in the nominations returned and withdrawn section of the Journal of the Executive Proceedings of the Senate. CRS-2 Average Time to Confirm a Nomination The average time the Senate took to confirm a nomination to an independent regulatory board or commission, as well as the average time the President took to submit a nomination, may not be as meaningful when considering independent regulatory boards or commissions as it is when considering executive departments and single-headed independent agencies. Nearly all positions on boards and commissions are for a fixed term of office, and, when a term expires, in most instances the incumbent may remain in office until he or she is replaced by a successor. Moreover, a nomination is frequently submitted before an incumbent’s term expires. Consequently, the average time taken to confirm a nomination generally is not as crucial for independent regulatory boards and commission as it is for executive departments and single-headed independent agencies, where a nomination is generally made to a position that is vacant. During the 106th Congress, the Senate took an average of 83 days to confirm a nomination to an independent regulatory board or commission after it was received.2 During the 105th Congress, the Senate took an average of 79 days to confirm a nomination to independent regulatory boards and commissions. (No information is readily available on how long the President took to submit a nomination when a term expired or a position became vacant.) Of the 42 nominations confirmed, 29 were confirmed in less time than the 83-day average, while the remaining 13 took longer to confirm. The number of days to confirm individual nominations varied widely. While 10 nominations were confirmed in less than a month, two took over six months, another two took over eight months, and one took over twelve months. The fact that most of the independent regulatory boards and commissions require a political balance among their members, (i.e., no more than a simple majority may be from the same political party) means that the President must negotiate over nominations with leaders of the opposition party in Congress. These negotiations involve questions not only of patronage, but also of policy, especially when the board or commission is involved in areas that may, at the time, be particularly sensitive. This often results in a packaging process, whereby the President submits several nominations together for positions in a particular agency, and the Senate then confirms that group of nominations as a package. Sometimes, however, only one or two nominations are submitted when three or four positions may be available. When this occurs, a nomination may remain before the Senate for many months, until one or two additional nominations are submitted. Generally, all are then quickly confirmed.3 A variation of this packaging process appears to have been the case 2 The average number of days to confirm a nomination is calculated by subtracting the number of days between the nomination and confirmation dates, adding those numbers, and dividing the result by the number of nominations confirmed. Not included in the calculations are the 32-day August-September recess (08/08/99 - 09/09/99) during the first session, the 40-day July-September recess (07/27/00 - 09/05/00) during the second session, and the 56-day November-January adjournment period between the first and second sessions (11/29/99 01/24/00) if a nomination was pending during those periods. 3 For example, two Democratic nominees were nominated, one in March and the other in April, (continued...) CRS-3 regarding the boards and commissions in table 2, as well as other boards and commissions. The Appointment Process The President and the Senate share the power to appoint the principal officers of the United States.4 The Constitution (Article II, Section 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 appointment 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 to a federal position at the national or state 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 only after the nominee is confirmed and appointed. While awaiting 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 he or she is likely to affect public policy.5 How closely the nominee’s personal and professional qualities are examined may depend on the importance of the position, the nominee’s 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 3 (...continued) to positions on the Federal Maritime Commission. No action was taken on either nominee until a Republican was nominated in November, at which time the Senate confirmed the Republican nominee and one of the Democratic nominees. 4 A succinct historical and contemporary overview of the appointment power is found in ( name redacted), Constitutional Conflicts between Congress and the President, 3rd ed. rev. (Lawrence, Kansas: University Press of Kansas, 1991), pp. 23-52. 5 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: Free Press, 1981), pp. 97-189. CRS-4 especially true of nominations to regulatory and other collegial boards and commissions. Between 1981 and 1992, 22% of the nominations to boards and commissions failed. During the same period, 11% of the nominations to independent agencies and 9% of the nominations to executive departments also failed.6 The full Senate seldom rejects a nomination. Nearly all rejections occur in committee, either by committee vote or by committee inaction. Nominations fail for many reasons, including: opposition to the nomination; insufficient time for consideration of the nomination; or political conflict between the President and the Senate or individual Senators that may have nothing to do with 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 President may also make appointments without Senate confirmation when the Senate is in recess (Article II, Section II of the Constitution), 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 falls vacant while the Senate is 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 was 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 beginning of the next session of the Senate.7 For this reason, when a recess appointment is made, the 6 U.S. Library of Congress, Congressional Research Service, Senate Action on Nominations to Policy Positions in the Executive Branch, 1981-1992, by (name redacted),CRS Report 93464 GOV (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’s adjournment at the end of a session. It also excluded nominations to the judiciary, military services, Foreign Service, National Oceanic and Atmospheric Administration Officer Corps, and Public Health Service Officer Corps as well as nominations to all ambassadorial, U.S. Attorney, U.S. Marshal, and part-time positions. 7 For additional information on recess appointments, see U.S. Library of Congress, Congressional Research Service, Recess Appointments: Legal Overview, by Richard C. (continued...) CRS-5 President generally submits a new nomination for the nominee even when an old nomination is pending. Characterization of Regulatory and Other Collegial Bodies Federal executive boards and commissions share the following characteristics: (1) they are independent executive bodies located outside executive departments;8 (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 fixed terms 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 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. On 24 of the regulatory and other collegial boards and commissions, no more than a simple majority of the appointed members (e.g., two of three, or three of five) may belong to the same political party. Finally, three boards and commissions each have an inspector general, and three others each have a general counsel appointed by the President with the advice and consent of the Senate. Organization of the Report Profiles of the boards and commissions proffered here are organized into 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 positions after their terms expire, if political balance is needed, and how the chairman is selected. 7 (...continued) Ehlke, CRS Report 87-832 A (Washington: Oct. 19, 1987). 8 Exceptions are the Federal Energy Regulatory 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-6 In the “Current Membership” section under each agency, incumbents whose terms have expired, but who continue in office, are italicized. For those agencies requiring political balance among their members, the political affiliation of an incumbent generally is listed as Democrat (D), Republican (R), or Independent (I). 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. Information on incumbents is current as of December 31, 2000. Data on appointment action during the 106th Congress appear under the “Current Membership” section and the “Appointment Action” section. The “Current Membership” section identifies all 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 assumes office following a presidential election. The section also includes the grade level of each position. As presidential appointment positions requiring Senate confirmation, the grade level falls under the Executive Schedule, which ranges from level I for cabinet level offices, to level V for the lowest ranked positions. Most of the positions for chairperson are at level III ($130,200), and for members at level IV ($122,400).9 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 dates of nomination, and the dates of confirmation. Actions other than confirmation (i.e., nominations rejected by the Senate or returned to, or withdrawn by, the President, or recess appointments) are also noted. An alphabetical list of all nominees begins on page seven, noting the agency involved and date of nomination and confirmation.10 The list also indicates if a nomination was withdrawn, returned, or rejected, or if a recess appointment was made. Occasionally, when a position is vacant and the unexpired term of office ends within a number of weeks or months, two nominations for the same nominee are submitted, the first to complete the unexpired term, and the second for a full-term following completion of the expired term. Also, when a nominee is awaiting Senate 9 The salary figures are for 2000. 10 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 telephone discussions with agency officials. Similar reports are available for previous Congresses. U.S. Library of Congress, Congressional Research Service, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 103rd Congress, by (name r edacted),CRS Report 94-628 GOV (Washington: Feb. 10, 1995); U.S. Library of Congress, Congressional Research Service, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 104th Congress, by (name r edacted), CRS Report 96-271GOV (Washington: Nov. 18, 1996); and U.S. Library of Congress, Congressional Research Service, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 105th Congress, by (name r edacted), CRS Report 98-137 GOV (Washington: Dec. 4, 1998). CRS-7 action and he or she is given a recess appointment, a second, follow-up, nomination is submitted to comply with the requirements of 5 U.S.C. 5503(b). In the table, the average number of days to confirm a nomination is calculated by subtracting the number of days between the confirmation and nomination dates and dividing the result by the number of nominations confirmed. Not included in the calculations are the 32-day recess in August-September (08/08/99–09/08/99) during the first session, the 40-day recess in July-September (07/27/00–09/05/00) during the second session, and the 56-day adjournment period (11/29/99–01/24/00) between the first and second sessions of the 106th Congress. 2. Alphabetical List of Appointees Days to confirmb Nominee Agencya Nominated Confirmed Geoff Bacino MSPB 07/26/00 Returned 12/15/00 Geoff Bacino MSPB Recess appointment 12/29/00 Joseph E. Brennan FMC 03/22/99 11/10/99 201 Ann Brown CPSC 06/10/99 07/01/99 21 Ann Brown CPSC 06/10/99 07/01/99 21c Wayne Burkes STB 01/06/99 02/22/99 47 Carol J. Carmody NTSB 11/08/99 05/24/00 142 Ruben Castillo USSC 08/05/99 11/10/99 65 Bonnie P. Castrey FLRA 07/13/00 Returned 12/15/00 William Clyburn, Jr. STB 01/06/99 02/12/99 37 Ernest W. DuBester NMB 11/10/99 11/19/99 9 Francis J. Duggan NMB 11/10/99 11/19/99 9 Michael V. Dunn FCA 04/06/00 Returned 12/15/00 Michael V. Dunn FCA Recess appointment 12/21/00 A. J. Eggenberger DNFSB 09/24/99 10/29/99 35 Lois N. Epstein CSHIB 10/25/00 Returned 12/15/00 Thomas J. Erickson CFTC 02/04/99 06/16/99 132 Roger W. Ferguson, Jr. FRS 09/13/99 09/29/99 16 Roger W. Ferguson, Jr. FRS 09/13/99 09/29/99 16c Sarah M. Fox NLRB Recess appointment 12/17/99 Sarah M. Fox NLRB 03/20/00 Withdrawn 10/17/00 Sarah M. Fox OSHRC 12/15/00 Returned 12/15/00 Michael J. Gaines USPC 07/19/99 Returned 12/15/00 Mary S. Gall CPSC 05/26/99 07/01/99 36 John Goglia NTSB 08/05/99 05/24/00 205 Alan Greenspan FRS 01/24/00 02/03/00 10c Skila Harris TVA 09/29/99 11/10/99 42 Curt Hebert, Jr. FERC 07/01/99 07/30/99 29 Paul L. Hill, Jr. CSHIB 08/05/99 10/01/99 25 Paul L. Hill, Jr. CSHIB 08/05/99 10/01/99 25c James J. Hoecker FERC 11/09/99 Returned 12/15/00 CRS-8 Days to confirmb Nominee Agencya Nominated James J. Hoecker FERC Recess appointment 12/18/00 Richard C. Houseworth FDIC 01/31/00 Returned 12/15/00 Issac C. Hunt, Jr. SEC 10/26/00 Returned 12/15/00 Magdalena G. Jacobsen NMB 11/10/99 11/19/99 Janie L. Jeffers USPC 11/16/99 Returned 12/15/00 Janie L. Jeffers USPC Recess appointment 12/09/99 Reginald E. Jones EEOC 10/02/00 Returned 12/15/00 Timothy E. Jones, Jr. USPC 07/19/99 Withdrawn 11/19/99 Timothy E. Jones, Jr. USPC 11/19/99 Returned 12/15/00 Timothy E. Jones, Jr. USPC Recess appointment 12/29/00 Jerome F. Kever RRB 11/16/99 05/24/00 Confirmed 9 134 John R. Lacey FCSC 11/09/99 Returned 12/15/00 Thomas B. Leary FTC 07/27/99 11/10/99 Franz S. Leichter FHFB 06/08/99 Returned 12/15/00 Franz S. Leichter FHFB Recess appointment 08/03/00 Marc L. Marks FMSHRC 06/08/00 Withdrawn 10/26/00 Glenn L. McCullough, Jr. TVA 09/29/99 11/10/99 42 Danny L. McDonald FEC 02/09/00 05/24/00 105 Edward McGaffigan, Jr. NRC 02/03/00 05/24/00 111 Allan I. Mendelowitz FHFB 06/16/00 Returned 12/15/00 Allan I. Mendelowitz FHFB Recess appointment 12/28/00 Antony M. Merck FMC 11/09/99 11/10/99 1 Richard A. Meserve NRC 08/05/99 10/01/99 25 Douglas L. Miller FHFB 06/08/99 Returned 12/15/00 Paul S. Miller EEOC 05/24/99 11/19/99 147 Linda J. Morgan STB 08/05/99 11/10/99 65 74 Bruce A. Morrison FHFB 10/29/99 Withdrawn 06/16/00 Diana E. Murphy USSC 08/05/99 11/10/99 Susan Ness FCC 07/19/99 Returned 12/15/00 Susan Ness FCC Recess appointment 12/18/00 Timothy O’Neill FHFB 10/29/99 Returned 12/15/00 Deanna T. Okun USITC 11/10/99 11/19/99 9 George A. Omas PRC 07/21/00 10/26/00 57 Leonard R. Page NLRB 02/11/99 Returned 12/15/00 Leonard R. Page NLRB Recess appointment 11/22/99 Carol J. Parry FRS 08/05/99 Returned 12/15/00 Gerald V. Poje CSHIB 09/27/99 11/10/99 44 Carol W. Pope FLRA 11/10/99 10/26/00 255 Marie F. Ragghianti USPC 07/19/99 Withdrawn 11/19/99 Marie F. Ragghianti USPC 11/19/99 Returned 12/15/00 Marie F. Ragghianti USPC Recess appointment 12/09/99 65 CRS-9 Days to confirmb Nominee Agencya Nominated Confirmed William J. Rainer CFTC 06/23/99 08/05/99 43 William J. Rainer CFTC 06/23/99 08/05/99 43c John M. Reich FDIC 10/05/00 12/15/00 71 Edward F. Reilly, Jr. USPC 10/02/00 Returned 12/15/00 Dan H. Renberg EXIMBAk 08/04/99 11/10/99 James C. Riley FMSHRC 06/08/00 Returned 12/15/00 James C. Riley FMSHRC Recess appointment 08/31/00 Jessie M. Roberson DNFSB 09/24/99 10/29/99 Barbara J. Sapin MSPB 05/03/00 Returned 12/15/00 Barbara J. Sapin MSPB Recess appointment 12/28/00 John R. Simpson USPC 07/19/99 Withdrawn 07/26/00 Beth S. Slavet MSPB 03/23/00 Returned 12/15/00 Beth S. Slavet MSPB Recess appointment 12/22/00 Bradley A. Smith FEC 02/09/00 05/24/00 105 Virgil M. Speakman, Jr. RRB 11/16/99 05/24/00 134 John R. Steer USSC 09/14/99 11/10/99 57 Clifford G. Stewart EEOC 07/01/99 Returned 12/15/00 Clifford G. Stewart EEOC Recess appointment 12/22/99 Donna Tanoue FDIC 01/31/00 Returned 12/15/00 John C. Truesdale NLRB 02/11/99 11/19/99 249 Gary L. Visscher OSHRC 03/23/99 05/20/99 58 Dennis P. Walsh NLRB 10/17/00 Returned 12/15/00 Dennis P. Walsh NLRB Recess appointment 12/29/00 Dorian V. Weaver EXIMBA 07/28/99 11/10/99 Stuart E. Weisberg OSHRC 05/11/99 Withdrawn 12/15/00 Stuart E. Weisberg OSHRC Recess appointment 12/09/99 Delmond J. H. Won FMC 04/12/99 Average number of days to confirm a nomination a 09/08/00 66 35 73 387 83 A key to agency acronyms is at page 44. The average number of total days to confirm a nomination in the above table and the ensuing tables is calculated by subtracting the number of days between the confirmation and nomination dates for all nominees, adding the numbers, and dividing the result by the number of nominations confirmed. Not included in the calculations are the 32-day August-September recess (08/08/99–09/09/99) during the first session, the 40-day July-September recess (07/27/00-09/05/00) during the second session, and the 56-day adjournment period between the 1st and 2nd sessions of the 106th Congress (11/29/99–01/24/00) if a nomination was pending during those periods. c The number of days taken to confirm this nomination is not included in the average number of days taken to confirm a nomination in the table because it involved appointment to be the chair or vice chair of the agency, not appointment to the agency. b CRS-10 Positions in Agencies and Their Status At the end of 2000, of 147 member and other positions requiring confirmation on 33 independent boards and commissions, 14 were filled by incumbents whose terms had expired, 10 were filled by recess appointees, and 19 were vacant. 3. Number of Agency Positions, December 31, 2000 Positions Vacant Term Nominated Confirmed Returned Recess CSHIB 5 2 0 3 2 1 0 CFTC 5 0 1 2 2 0 0 CPSC 3 0 0 2 2 0 0 DNFSB 5 0 1 2 2 0 0 EEOC 6 3 0 3 1 2 0 EXIMBA 5 1 0 2 2 0 0 FCA 3 0 0 1 0 1 1 FCC 5 0 1 1 0 1 1 FDIC 4 1 1 3 1 2 0 FEC 6 0 0 2 2 0 0 FERC 5 1 0 2 1 1 1 FHFB 4 1 1 5 0 5 2 FLRA 4 0 1 2 1 1 0 FMC 5 0 2 3 3 0 0 FMSHRC 5 1 0 2 0 2 1 FRS 7 2 0 2 1 1 0 FTC 5 0 0 1 1 0 0 FCSC 1 1 0 1 0 1 0 MSPB 3 0 0 1 0 1 1 NCUA 3 0 0 1 0 1 1 NLRB 6 2 0 4 1 3 1 NMB 3 0 0 3 3 0 0 NTSB 5 0 1 2 2 0 0 NRC 6 0 0 2 2 0 0 OSHRC 3 2 0 3 1 2 0 PRC 5 0 1 1 1 0 0 RRB 4 0 0 2 2 0 0 SEC 5 1 1 1 0 1 0 STB 3 0 1 3 3 0 0 TVA 3 0 0 2 2 0 0 USITC 6 0 1 1 1 0 0 USPC 5 1 1 8 0 8 1 USSC 4 0 0 3 3 0 0 147 19 14 76 42 34 10 CRS-11 Chemical Safety and Hazard Investigation Board (CSHIB) The CSHIB is an independent agency consisting of five members (no political balance is required) who serve five-year terms. The chairperson is subject to confirmation by the Senate. When a term expires, the incumbent must leave office. (42 U.S.C. 7412(r)(6)) Current Membership Incumbent Gerald V. Poje Isodore Rosenthal Andrea K. Taylor Vacant Vacant Part y na na na na na Date confirmed Term expires Grade level 11/10/99 10/21/98 10/21/98 10/01/04 10/21/03 10/21/03 5 years 5 years IV IV IV IV IV Comments Reappointed Appointment Action During 106th Congress Nominee Date nominated Part Position y 2 Lois N. Epstein na Member 10/25/00 3 Paul L. Hill, Jr. na Member 08/05/99 Paul L. Hill, Jr. na Chair4 08/05/99 6 Gerald V. Poje na Member 09/27/99 Average number of days to confirm a nomination Date confirmed Days to confirm1 Returned 12/15/00 10/01/99 25 10/01/99 255 11/10/99 44 35 1 Not included in the days to confirm calculation for the CSHIB and the other agencies are the 32 day recess in August-September (08/08/99-09/09/99) during the first session, 40-day recess in July-September (07/27/00-09/05/00) during the second session, and the 56-day adjournment between the first and second sessions (11/29/99-01/24/00), if a nomination was pending during those periods. 2 For a term of five years, vice Devra Lee Davis, resigned. 3 For a term of five years, reappointment. He resigned a year after his appointment. 4 Nominations to be the chair or vice chair of an agency are not included when calculating the average number of days to taken by the Senate to confirm a nomination. 5 Number of days the Senate takes to confirm the chair or vice chair of agency is not computed into overall statistics regarding the number of days the Senate takes to confirm a member of the agency. 6 For a term of five years, reappointment. CRS-12 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 Party Date confirmed Term expires Grade level Comments William J. Rainer D 08/05/99 04/13/04 III Chair Thomas J. Erickson D 06/16/99 04/13/03 IV Barbara P. Holum D 06/23/98 04/13/02 IV James E. Newsome R 07/22/98 06/19/01 IV David D. Spears R 08/02/96 04/13/00 IV Incumbent Reappointed Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Thomas J. Erickson1 D Member 02/04/99 06/16/99 132 William J. Rainer 2 D Member 06/23/99 08/05/99 43 William J. Rainer D Chair 06/23/99 08/05/99 433 Nominee Average number of days to confirm a nomination 88 1 For a term expiring 04/13/03, vice John E. Tull, Jr., term expired. 2 For a term expiring 04/13/04, vice Brooksley E. Born, resigned. 3 Number of days the Senate takes to confirm the chair or vice chair of agency is not computed into overall statistics regarding the number of days the Senate takes to confirm a member of the agency. CRS-13 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 Membership1 Incumbent Party Date confirmed Term expires Grade level Comments Ann Brown D 07/01/99 10/27/06 III Chair Mary S. Gall R 07/01/99 10/27/05 IV Thomas H. Moore D 08/02/96 10/25/03 IV Reappointed Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Ann Brown2 D Member 06/10/99 07/01/99 21 Ann Brown D Chair 06/10/99 07/01/99 213 Mary S. Gall4 R Member 05/26/99 07/01/99 36 Nominee Average number of days to confirm a nomination 29 1 Two vacant positions are not listed, because, since fiscal year 1993, funds have not been made available for the compensation and benefits of more than three members of the commission (P.L. 102-389, Title 3, Oct. 6, 1992; 105 Stat. 1596; 15 U.S.C. 2053 note.) 2 For a term expiring 10/27/06, reappointment. 3 Number of days the Senate takes to confirm the chair or vice chair of agency is not computed into overall statistics regarding the number of days the Senate takes to confirm a member of the agency. 4 For a term expiring 10/27/05, reappointment. CRS-14 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 Party Date confirmed Term expires Grade level Comments John T. Conway D 09/29/95 10/18/99 III Chair A. J. Eggenberger R 10/29/99 10/18/03 III Vice Chair Joseph J. Dinunno D 03/28/96 10/18/00 III Reappointed John E. Mansfield R 10/30/97 10/18/01 III Jessie M. Roberson D 10/29/99 10/18/02 III Incumbent Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm A. J. Eggenberger 1 R Member 09/24/99 10/29/99 35 Jessie M. Roberson2 D Member 09/24/99 10/29/99 35 Nominee Average number of days to confirm a nomination 1 For a term expiring 10/18/03, reappointment. 2 For a term expiring 10/18/02, vice Herbert Kouts, term expired. 35 CRS-15 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 the 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 Party Date confirmed Term expires Grade level Comments Ida L. Castro D 10/21/98 07/01/03 III Chair Paul S. Miller D 11/19/99 07/01/04 IV Reappointed Paul M. Igasaki D 10/21/98 07/01/02 IV Reappointed Vacant 07/01/05 IV Vacant 07/01/01 IV 4 years V Incumbent Vacant na General Counsel1 Appointment Action During 106th Congress Party Position Date nominated Reginald E. Jones R Member 10/02/00 Paul S. Miller 2 D Member 05/24/99 Clifford G. Stewart na General Counsel 07/01/99 Clifford G. Stewart na General Counsel Nominee Date confirmed Returned 12/15/00 11/19/99 147 Returned 12/15/00 Recess appointment 12/22/993 Average number of days to confirm a nomination 1 Term of office is four years. 2 For a term expiring 07/01/04, reappointment. 3 Days to confirm Recess appointment expired at end of second session of the 106th Congress. 147 CRS-16 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 (1) until a successor is appointed, or (2) until six months pass after the term expires–whichever occurs earlier. 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 Party Date confirmed Term expires Grade level Comments James A. Harmon D 06/12/97 01/20/01 III President Jackie M. Clegg I 06/12/97 01/20/01 IV Vice President Dan H. Renberg R 11/10/99 01/20/03 IV Dorian V. Weaver D 11/10/99 01/20/03 IV 01/20/04 IV Incumbent Vacant Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Dan H. Renberg1 R Member 08/04/99 11/10/99 66 Dorian V. Weaver 2 D Member 07/28/99 11/10/99 73 Nominee Average number of days to confirm a nomination 1 For term expiring 01/20/03, vice Julie D. Belaga, term expired. 2 For term expiring 01/20/03, vice Maria L. M. Haley, resigned. 70 CRS-17 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 Party Date confirmed Term expires Grade level Comments Michael M. Reyna D 10/21/98 05/21/04 III Chair Ann Jorgenson R 05/23/97 05/21/02 IV Incumbent Recess appointee1 Michael V. Dunn IV Appointment Action During 106th Congress Position Date nominated Michael V. Dunn2 Member 04/06/00 Michael V. Dunn Member Nominee Party Date confirmed Returned 12/15/00 Recess appointment 12/21/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 Days to confirm For term expiring 10/13/06, vice Marsha P. Martin, term expired. CRS-18 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 Party Date confirmed Term expires Grade level Comments William E. Kennard D 10/29/97 06/30/01 III Chair Harold W. Furchtogott-Roth R 10/28/97 06/30/00 IV Michael K. Powell R 10/28/97 06/30/02 IV Gloria Tristani D 10/28/97 06/30/03 IV Susan Ness D Incumbent Recess appointee1 IV Appointment Action During 106th Congress Party Position Date nominated Date confirmed Susan Ness2 D Member 07/19/99 Returned 12/15/00 Susan Ness D Member Nominee Recess appointment 12/18/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 For a term expiring 07/01/04, reappointment. Days to confirm CRS-19 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–of whom no more than two may belong to the same political party– serve six-year terms. 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 Party Date confirmed Term expires Grade level Comments Donna Tanoue D 04/30/98 10/03/00 III Chair John M. Reich R 12/15/00 12/14/06 IV 12/21/01 IV Incumbent Vacant John D. Hawke na Comptroller of the Currency Ex officio Ellen Seidman na Office of Thrift Supervision, Director Ex officio Gaston L. Gianni, Jr. na 03/29/96 Indefinite1 IV Inspector General Appointment Action During 106th Congress Party Position Date nominated Richard C. Houseworth2 D Member 01/31/00 Returned 12/15/00 John M. Reich3 R Member 10/05/00 12/15/00 Donna Tanoue4 D Member 01/31/00 Returned 12/15/00 Nominee Average number of days to confirm a nomination 1 The President may remove the incumbent at any time. 2 For a term expiring in six years, vice Joseph H. Neely, resigned. 3 For a term expiring in six years, vice Andrew C. Hove, Jr. 4 For a term expiring in six years, reappointment. Date confirmed Days to confirm 71 71 CRS-20 Federal Election Commission (FEC) The FEC consists of six members (no more than three 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. Persons nominated and appointed to the FEC after December 31, 1997, are not eligible for reappointment after their terms expire. (P.L. 105-61, Title 5, sec. 513.) 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 Party Date confirmed Term expires Grade level Comments Darryl R. Wold R 07/30/98 04/30/01 IV Chair Danny L. McDonald D 05/24/00 04/30/05 IV Vice Chair Scott E. Thomas D 07/30/98 04/30/03 IV Bradley A. Smith R 05/24/00 04/30/05 IV David M. Mason R 07/30/98 04/30/03 IV Karl J. Sandstrom D 07/30/98 04/30/01 IV Incumbent Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Danny L. McDonald1 D Member 02/09/00 05/24/00 105 Bradley A. Smith2 R Member 02/09/00 05/24/00 105 Nominee Average number of days to confirm a nomination 1 For a term expiring 04/30/05, reappointment. 2 For a term expiring 04/30/05, vice Lee Ann Elliott, resigned. 105 CRS-21 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 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 such term expires. The President designates the chair. (42 U.S.C. 7171) Current Membership Incumbent Party Date confirmed Term expires Recess appointee1 Grade level Comments III Chair James J. Hoecker D Curt Herbert, Jr. R 07/30/99 06/30/04 IV Linda K. Breathitt D 11/07/97 06/30/02 IV William L. Massey D 06/26/98 06/30/03 IV Vacant Reappointment IV Appointment Action During 106th Congress Party Position Date nominated Curt Hebert, Jr.2 R Member 07/01/99 James J.Hoecker 3 D Member 11/09/99 James J. Hoecker D Member Nominee Date confirmed Days to confirm 07/30/99 29 Returned 12/15/00 Recess appointment 12/18/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 Reappointment, for term expiring June 30, 2004. 3 Reappointment, for term expiring June 30, 2005. 29 CRS-22 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 Incumbent Date confirmed Party Allan I. Mendelowitz D J. Timothy O’Neill R Franz S. Leichter D Term expires Recess appointee1 05/25/95 02/27/97 Grade level Comments III Chair IV Recess appointee1 IV Vacant IV William C. Apgar na Asst. Secretary - HUD Ex Officio Appointment Action During 106th Congress Party Position Date nominated Franz S. Leichter 2 D Director 06/08/99 Franz S. Leichter D Director Allan I. Mendelowitz D Director Allan I. Mendelowitz D Director Douglas L. Miller 3 R Director 06/08/99 Returned 12/15/00 Bruce A. Morrison4 D Director 10/29/99 Withdrawn 06/16/00 Timothy O’Neill5 R Director 10/29/99 Returned 12/15/00 Nominee Date confirmed Returned 12/15/00 Recess appointment 08/03/00 06/16/00 Returned 12/15/00 Recess appointment 12/28/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 For a term expiring 02/27/06, vice Daniel F. Evans, Jr., term expired. 3 For a term expiring 02/27/02, vice Lawrence U. Costiglio, term expired. 4 For a term expiring 02/27/07, reappointment. 5 For a term expiring 02/27/04, reappointment. Days to confirm CRS-23 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 Party Date confirmed Term expires Grade level Comments Donald S Wasserman D 12/22/95 07/01/00 IV Chair Carol W. Pope D 10/26/00 07/01/04 V Dale Cabiniss R 11/09/97 07/29/02 V Joseph Swerdzewski na 10/21/98 10/20/031 V Incumbent General Counsel Appointment Action During 106th Congress Party Position Date nominated Date confirmed Bonnie P.Castrey2 D Member 07/13/00 Returned 12/15/00 Carol W. Pope3 D Member 11/10/99 10/26/00 Nominee Average number of days to confirm a nomination 1 Days to confirm 255 255 The general counsel is appointed for a five-year term of office, but may be removed at the President’s pleasure. 2 For a term expiring 07/01/05, vice Donald S. Wasserman, term expired. 3 For a term expiring 07/01/04, vice Phyllis N. Segal, term expired. CRS-24 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 of 1961) Current Membership Party Date confirmed Term expires Grade level Comments Harold J. Creel, Jr. D 08/17/94 06/30/99 III Chair Joseph J. Brennan D 11/10/99 06/30/03 IV Delmond J. H. Won D 09/08/00 06/30/02 IV Antony M. Merck R 11/10/99 06/30/01 IV John A. Moran R 10/21/98 06/30/00 IV Incumbent Reappointed Appointment Action During 106th Congress Party Position Date nominated Joseph E. Brennan1 D Commissioner 03/22/99 11/10/99 201 Antony M. Merck2 R Commissioner 11/09/99 11/10/99 1 Delmond J. H. Won3 D Commissioner 04/12/99 09/08/00 387 Nominee Average number of days to confirm a nomination 1 For a term expiring 06/30/03, vice William D. Hathaway, resigned. 2 For a term expiring 06/30/01, vice Ming Hsu, term expired. 3 For a term expiring 06/30/02, reappointment. Date confirmed Days to confirm 196 CRS-25 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 Membership Party Date confirmed Term expires Grade level Comments Mary Lu Jordan na 03/20/97 08/30/02 III Chair Robert H. Beatty Jr. na 03/04/98 08/30/04 IV Reappointment Theodore F. Verheggen na 03/20/97 08/30/02 IV James C. Riley na Incumbent Recess appointee1 Vacant IV IV Appointment Action During 106th Congress Party Position Date nominated Marc L. Marks2 na Member 06/08/00 Withdrawn 10/26/00 James C. Riley3 na Member 06/08/00 Returned 12/15/00 James C. Riley na member Incumbent Date confirmed Recess appointment 08/31/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 Reappointment, for term expiring on Aug. 30, 2006. 3 Reappointment, for term expiring on Aug. 30, 2006. Days to confirm CRS-26 Federal Reserve System (FRS), Board of Governors The FRS 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 fouryear 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 Party Date confirmed Term expires Grade level Comments Alan Greenspan na 02/27/92 01/31/06 II Chair1 Roger W. Ferguson, Jr. na 09/29/99 01/31/14 III Vice Chair1 Lawrence H. Meyer na 06/20/96 01/31/10 III Edward M. Gramlich na 10/30/97 01/31/08 III Edward W. Kelly, Jr. na 04/04/90 01/31/04 III Vacant na 01/31/12 III Vacant na 01/31/10 III Incumbent Appointment Action During 106th Congress Nominee Party Position Date nominated Date confirmed Days to confirm Roger W. Ferguson, Jr.2 na Member 09/13/99 09/29/99 16 Roger W. Ferguson, Jr. na Vice Chair 09/13/99 09/29/99 163 Alan Greenspan na Chair 01/24/00 02/03/00 103 Carol J. Parry4 na Member 08/05/99 Returned 12/15/00 Average number of days to confirm a nomination 1 For a four-year term. Chairman’s term expires 02/02/04, vice chairman’s term expires 09/28/03. 2 For a term expiring 01/31/14, reappointment. 3 The number of days the Senate takes to confirm the chair or vice chair is not factored into overall statistics regarding the number of days the Senate takes to confirm a member of the agency. 4 For a term expiring 01/31/12, vice Susan M. Phillips, resigned. 16 CRS-27 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 Party Date confirmed Term expires Grade level Comments Robert Pitofsky D 04/06/95 09/25/01 III Chair Thomas B. Leary R 11/10/99 09/26/05 IV Orson Swindle R 03/12/98 09/25/04 IV Mozelle W. Thompson D 03/12/98 09/25/03 IV Sheila F. Anthony D 09/24/97 09/25/02 IV Incumbent Appointment Action During 106th Congress Nominee Thomas B. Leary1 Party Position Date nominated Date confirmed Days to confirm R Member 07/27/99 11/10/99 74 Average number of days to confirm a nomination 1 For a term expiring 09/26/05, vice Mary L. Azcuenaga, resigned. 74 CRS-28 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 Vacant Date confirmed Party na Term expires Grade level Comments 09/30/00 V Chair Appointment Action During 106th Congress Nominee John R. Lacey1 Party Position Date nominated na Chairman 11/09/99 Date confirmed Returned 12/15/00 Average number of days to confirm to confirm a nomination 1 For term expiring 09/30/00, vice Delissa A. Ridgway, term expired. Days to confirm CRS-29 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 Party Date confirmed Term expires Grade level Comments Beth S. Slavet D 08/11/95 03/01/02 III Chair1 Barbara J. Sapin D IV Vice Chair Susanne T. Marshall R Incumbent Recess appointee2 11/09/97 03/01/04 IV Appointment Action During 106th Congress Party Position Date nominated Barbara J. Sapin3 D Member 05/03/00 Barbara J. Sapin D Member Beth S. Slavet D Chair Beth S. Slavet D Chair Nominee Date confirmed Days to confirm Returned 12/15/00 Recess Appointment 12/28/00 03/23/00 Returned 12/15/00 Recess Appointment 12/22/00 Average number of days to confirm a nomination 1 Recess appointment as chair expires at the end of the first session of the 107th Congress; term as member expires 03/01/02. 2 Recess appointment expires at the end of the first session of the 107th Congress. 3 For a term expiring 03/01/07, vice Benjamin L. Erdreich, resigned. CRS-30 National Credit Union Administration (NCUA), Board of Directors The NCUA board 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 Party Date confirmed Term expires Recess appointee1 Grade level Comments III Chair Geoff Bacino D Dennis Dollar R 10/09/97 04/10/03 IV Yolanda T. Wheat D 10/09/97 08/02/01 IV Appointment Action During 106th Congress Party Position Date nominated Geoff Bacino2 D Member 07/26/00 Geoff Bacino D Member Nominee Date confirmed Returned 12/15/00 Recess appointment 12/29/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 For term expiring Aug. 2, 2005, vice Norman E. D’Amours, term expired. Days to confirm CRS-31 National Labor Relations Board (NLRB) The NLRB 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 Party Date confirmed Term expires Grade level Comments John C. Truesdale D 11/19/99 08/27/03 III Chair Wilma B. Liebman D 11/08/97 12/16/02 IV Peter J. Hurtgen R 11/08/97 08/27/01 IV Dennis P. Walsh D Incumbent Recess appointee1 IV Vacant IV Vacant IV Gen. Counsel Appointment Action During 106th Congress Nominee Date nominated Date confirmed Days to confirm Party Position Sarah M. Fox D Member Sarah M. Fox3 D Member 03/02/00 Withdrawn 10/17/00 Leonard R.Page na General Counsel 02/11/99 Returned 12/15/00 Leonard R. Page4 na General Counsel John C. Truesdale5 D Member 02/11/99 Dennis P. Walsh6 D Member 10/17/00 Dennis P. Walsh D Member Average number of days to confirm a nomination 1 Recess appointment 12/17/992 Recess appointment 11/22/992 11/19/99 249 Returned 12/15/00 Recess appointment 12/29/00 249 Recess appointment expires at the end of the first session of the 107th Congress. Recess appointment expired at the end of the second session of the 106th Congress. 3 For a term expiring Dec. 16, 2004 4 For an indefinite term, vice Frederick L. Feinstein who was a given recess appointment on Oct. 22, 1998. 5 For a term expiring Aug. 27, 2003, vice William B. Gould IV, resigned. 6 For a term expiring Dec. 16, 2004, vice Sarah M. Fox, recess appointment expired. 2 CRS-32 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 Party Date confirmed Term expires Grade level Comments Ernest W. Dubester D 11/10/99 07/01/01 III Chair Francis J. Duggan R 11/19/99 07/01/03 IV Magdalena G. Jacobsen D 11/19/99 07/01/02 IV Incumbent Reappointed Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Ernest W. DuBester 1 D Member 11/10/99 11/19/99 9 Francis J. Duggan2 R Member 11/10/99 11/19/99 9 Magdalena G. Jacobsen3 D Member 11/10/99 11/19/99 9 Nominee Average number of days to confirm a nomination 1 For a term expiring 07/01/01, reappointment. For a term expiring 07/01/03, vice Kenneth B. Hipp, term expired. 3 For a term expiring 07/01/02, reappointment. 2 9 CRS-33 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 Party Date confirmed Term expires Grade level Comments James E. Hall D 10/21/97 12/31/02 III Chair Carol J. Carmody D 05/24/00 12/31/04 IV John J. Goglia I 05/24/00 12/31/03 IV Reappointed George W. Black, Jr. R 10/21/97 12/31/01 IV Reappointed John A. Hammerschmidt R 10/21/97 12/31/00 IV Reappointed Incumbent Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Carol J. Carmody1 D Member 11/08/99 05/24/00 142 John Goglia2 I Member 08/05/99 05/24/00 205 Nominee Average number of days to confirm a nomination 1 For a term expiring 07/31/04, vice Robert Talcott Francis II. For a term expiring 07/31/03, reappointment. 2 174 CRS-34 Nuclear Regulatory Commission (NRC) The NRC 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 Party Date confirmed Term expires Grade level Comments Richard A. Meserve D 10/01/99 06/30/04 II Chair Edward McGaffigan D 05/24/00 06/30/05 III Reappointed Greta J. Dicus D 10/21/98 06/30/03 III Reappointed Jeffrey S. Merrifield R 10/21/98 06/30/02 III Nils J. Diaz R 08/02/96 06/30/01 III Hubert T. Bell, Jr. na 06/11/96 Indefinite IV Incumbent Inspector General Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Edward McGaffigan, Jr.1 D Member 02/03/00 05/24/00 111 Richard A. Meserve2 D Member 08/05/99 10/01/99 25 Nominee Average number of days to confirm a nomination 1 For a term expiring 06/30/05, reappointment. For a term expiring 06/30/04, vice Shirley A. Jackson, term expired. 2 68 CRS-35 Occupational Safety and Health Review Commission (OSHRC) The OSHRC 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 Party Date confirmed Term expires Grade level Comments Thomasina V. Rogers na 10/21/98 04/27/03 III Chair Vacant na 04/27/05 IV Vacant na 04/27/01 IV Incumbent Appointment Action During 106th Congress Party Position Date nominated Sarah M. Fox na Member 12/15/00 Gary L. Visscher 1 na Member 03/23/99 Stuart E. Weisberg2 na Member 05/11/99 Stuart E. Weisberg na Member Nominee Date confirmed Returned 12/15/00 05/20/99 Recess appointment 12/09/993 For a term expiring 04/27/01, vice Daniel Guttman, resigned. For a term expiring 04/27/05, reappointment. 3 Recess appointment expired at the end of the second session of the 106th Congress. 2 58 Withdrawn 12/15/00 Average number of days to confirm a nomination 1 Days to confirm 58 CRS-36 Postal Rate Commission (PRC) The PRC 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 Party Date confirmed Term expires Grade level Comments Edward J. Gleiman D 10/21/98 10/14/04 III Chair George A. Omas R 10/26/00 10/14/06 IV Vice Chair Dana B. Covington, Sr. R 10/21/98 10/14/04 IV Ruth Y. Goldway D 04/02/98 11/22/02 IV William H. LeBlanc III D 08/11//95 11/22/00 IV Incumbent Appointment Action During 106th Congress Nominee George A. Omas1 Party Position Date nominated Date confirmed Days to confirm R Member 07/21/00 10/26/00 57 Average number of days to confirm a nomination 1 For term expiring 10/14/06, reappointment. 57 CRS-37 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 Party Date confirmed Term expires Grade level Comments Cherryl T. Thomas na 04/27/98 08/28/02 III Chair Virgil M. Speakman, Jr. na 05/24/00 08/28/04 IV Reappointed Jerome F. Kever na 05/24/00 08/28/03 IV Reappointed Martin J. Dickman na 10/08/94 Indefinite IV Inspector General1 Incumbent Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Jerome F. Kever2 na Member 11/16/99 05/24/00 134 Virgil M. Speakman, Jr.3 Na Member 11/16/99 05/24/00 134 Nominee Average number of days to confirm a nomination 1 134 The President may remove the incumbent at any time, provided notice of the reasons for the removal is sent to Congress. 2 For term expiring 08/28/03, reappointment. 3 For term expiring 08/28/04, reappointment. CRS-38 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. (15 U.S.C. 78d) Current Membership Party Date confirmed Term expires Grade level Comments Arthur Levitt D 04/03/98 06/05/03 III Chair Paul R. Carey D 10/21/97 06/05/02 IV Laura S. Unger R 10/21/97 06/05/01 IV Issac C. Hunt, Jr. D 01/26/96 06/05/00 IV Incumbent Vacant Appointment Action During 106th Congress Nominee Issac C. Hunt, Jr.1 Party Position Date nominated D Member 10/26/00 Average number of days to confirm a nomination 1 Reappointment, for term expiring June 5, 2005. Date confirmed Returned 12/15/00 Days to confirm CRS-39 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 for more than one year after expiration. The President designates the chair. (49 U.S.C. 701) Current Membership Party Date confirmed Term expires Grade level Comments Linda J. Morgan D 11/10/99 12/31/03 III Chair Wayne Burkes R 02/22/99 12/31/02 IV William Clyburn, Jr. D 02/12/99 12/31/00 IV Incumbent Appointment Action During 106th Congress Party Position Date nominated Date confirmed Days to confirm Wayne Burkes1 R Member 01/06/99 02/22/99 47 William Clyburn, Jr.2 D Member 01/06/99 02/12/99 37 Linda J. Morgan3 D Member 08/05/99 11/10/99 65 Nominee Average number of days to confirm a nomination 1 For a term expiring 12/31/02, vice Gus A. Owens. For a term expiring 12/31/00, vice J. J. Simons, term expired. 3 For a term expiring 12/31/03, reappointment. 2 50 CRS-40 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 Party Date confirmed Term expires Grade level Comments Craven H. Crowell, Jr. na 07/01/93 05/18/02 III Chair Skila Harris na 11/10/99 05/18/08 IV Glenn L. McCullough, Jr. na 11/10/99 05/18/05 IV Incumbent Appointment Action During 106th Congress Party Position Date nominated Skila Harris1 na Member 09/23/99 Skila Harris1 na Member 09/29/99 Glenn L. McCullough, Jr.2 na Member 09/23/99 Glenn L. McCullough, Jr. 2. na Member 09/29/99 Nominee Date confirmed Days to confirm Withdrawn 09/29/99 11/10/99 Withdrawn 09/29/99 11/10/99 Average number of days to confirm a nomination 1 42 First nomination for a term expiring 05/18/05, vice Johnny H. Hayes, withdrawn on 09/29/99 is not included tables 2 and 3; second nomination for a term expiring 05/18/08, vice William H. Kennoy. 2 First nomination for a term expiring 05/18/08, vice William H. Kennoy withdrawn on 09/29/99 is not included in tables 2 and 3; second nomination for a term expiring 05/18/05, vice Johnny H. Hayes. 42 42 CRS-41 United States International Trade Commission (USITC) The USITC 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 Party Date confirmed Term expires Grade level Comments Lynn M. Bragg R 03/25/94 06/16/02 III Chair Marcia E. Miller D 06/26/96 12/16/03 IV Vice Chair Deanna T. Okun R 11/19/99 06/16/08 IV Jennifer A. Hillman D 07/30/98 12/16/06 IV Stephen Koplan D 07/30/98 06/16/05 IV Thelma J. Askey R 07/30/98 12/16/00 IV Incumbent Appointment Action During 106th Congress Nominee Deanna T. Okun1 Party Position Date nominated R Member 11/10/99 Average number of days to confirm a nomination 1 For a term expiring 06/16/08, vice Carol T. Crawford, term expired. Date confirmed Days to confirm 11/19/99 9 9 CRS-42 United States Parole Commission (USPC) The USPC is an independent agency in the Department of Justice. The enabling statute calls for five commissioners (political balance is not required), and when a term expires, a member may continue to serve until a successor takes office. The President designates the chair. The commission is to be phased out by November 1, 2002. The Attorney General is required to file a yearly report indicating whether the commission should be abolished before the phase-out date. (P.L. 104-232, as amended by P.L. 105-33, Title XI, sec. 11231(d), 111 Stat. 745, 18 U.S.C. 4202) Incumbent Party Current Membership Date Term confirmed expires Grade level Comments Chair Michael J. Gaines na 09/28/94 12/30/99 IV John R. Simpson na 04/10/92 08/12/92 V Edward F. Reilly, Jr. Timothy E. Jones, Sr. Vacant na na na 08/12/92 08/14/98 1 Recess appointee V V V Appointment Action During 106th Congress Party Position Date nominated na Commissioner 07/19/99 Returned 12/15/00 Janie L. Jeffers na Commissioner 11/16/99 Returned 12/15/00 Janie L. Jeffers na Commissioner Timothy E. Jones, Jr.4 na Commissioner 07/19/99 Withdrawn 11/19/99 Timothy E. Jones, Jr.4 na Commissioner 11/19/99 Returned 12/15/00 Timothy E. Jones, Jr. na Commissioner Marie F. Ragghianti5 na Commissioner 07/19/99 Withdrawn 11/19/99 5 Marie F. Ragghianti na Commissioner 11/19/99 Returned 12/15/00 Marie F. Ragghianti na Commisioner Edward F. Reilly, Jr. na Commissioner 10/02/00 John R. Simpson na Commissioner 07/19/99 W Nominee Michael J. Gaines 2 Date confirmed Days to confirm Recess appointment 12/09/993 Recess appointment 12/29/00 Recess appointment 12/09/993 Returned 12/15/00 Withdrawn 07/26/00 Average number of days to confirm a nomination 1 Recess appointment expires at the end of the first session of the 107th Congress. 2 For a six-year term, vice Jasper R. Clay, Jr., term expired. 3 Recess appointment expired at the end of the second session of the 106th Congress. 4 First nomination was for a six-year term, vice George M. Rast, resigned; second nomination is for a six-year term, vice Edward F. Reilly, term expired. 5 First nomination was for a six-year term, vice Edward F. Reilly, term expired; second nomination is for a six-year term, vice George M. Rast, resigned.. CRS-43 United States Sentencing Commission (USSC) The USSC consists of seven members, all federal judges, appointed to six-year terms, but only the chair and three vice chairs serve full-time. The chair is appointed, subject to Senate confirmation; the vice chairs are designated by the President. No more than four members may be of the same political party, and no more than two of the vice chairs may be of the same political party. When a term expires, an incumbent may continue to serve until a successor takes office. The Attorney General or a designee serves ex oficio. (28 U.S.C. 991(a)) Current Membership Party Date confirmed Term expires Grade level Comments Diana E. Murphy na 11/10/99 11/10/05 na Chair Ruben Castillo na 11/10/99 10/31/03 na Vice Chair William Sessions na 11/10/99 10/31/03 na Vice Chair John R. Steer na 11/10/99 10/31/05 na Vice Chair Incumbent Appointment Action During 106th Congress Party Position Date nominated Diana E. Murphy1 na Chair 08/05/99 11/10/99 65 Ruben Castillo2 na Vice chair 08/05/99 11/10/99 65 John R. Steer 3 na Vice chair 09/14/99 11/10/99 57 Nominee Average number of days to confirm a nomination 1 For a term expiring 10/31/05, reappointment. For a term expiring 10/31/03, vice Michael Gelacak, term expired. 3 For a term expiring 10/31/05, reappointment. 2 Date confirmed Days to confirm 62 CRS-44 List of Agency Abbreviations CSHIB CFTC CPSC DNFSB EEOC EXIMBANK FCA FCC FDIC FEC FERC FHFB FLRA FMC FMSHRC FRS FTC FCSC ICC1 MSPB NCUA NLRB NMB NTSB NRC OSHRC PRC RRB SEC STB1 TVA USITC USPC USSC 1 Chemical Safety and Hazard Investigation Board Commodity Futures Trading Commission Consumer Product Safety Commission Defense Nuclear Facilities Safety Board Equal Employment Opportunity Commission Export-Import Bank Farm Credit Administration Federal Communications Commission Federal Deposit Insurance Corporation, Board of Directors Federal Election Commission Federal Energy Regulatory Commission Federal Housing Finance Board Federal Labor Relations Authority Federal Maritime Commission Federal Mine Safety and Health Review Commission Federal Reserve System, Board of Governors Federal Trade Commission Foreign Claims Settlement Commission Interstate Commerce Commission Merit Systems Protection Board National Credit Union Administration, Board of Directors National Labor Relations Board National Mediation Board National Transportation Safety Board Nuclear Regulatory Commission Occupational Safety and Health Review Commission Postal Rate Commission Railroad Retirement Board Securities and Exchange Commission Surface Transportation Board Tennessee Valley Authority United States International Trade Commission United States Parole Commission United States Sentencing Commission The Interstate Commerce Commission was abolished and replaced by the Surface Transportation Board, effective January 1, 1996 (P.L. 104-88; 109 Stat. 803, 932-933). 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