Order Code RL30910
Report for Congress
Received through the CRS Web
Presidential Appointments to Full-Time Positions
on Regulatory and Other Collegial Boards
and Commissions, 107th Congress
Updated April 16, 2003
-name redacted-
Analyst 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, 107th Congress
Summary
During the 107th Congress, 125 nominations to full-time positions on 33
regulatory and other boards and commissions were submitted to the Senate by the
President. President Clinton submitted 12 of these nominations before he left office
on January 20, 2001, and these 12 were withdrawn by President Bush on March 19,
2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6
were withdrawn, and 35 were returned to him (13 at the August 2001 recess and 22
at the end of the Congress). President Clinton made 12 recess appointments during
the intersession between the 106th and 107th Congresses, all of which expired at the
end of the first session of the 107th Congress. President Bush made 5 intrasession
and 7 intersession recess appointments to boards and commissions. Seven of
President Bush’s recess appointments expired at the end of the 107th Congress and
five will expire at the end of the first session of 108th Congress. At the end of the
107th Congress, there were 19 vacancies among 147 positions. In addition, 14
incumbents were serving past the expiration of their terms.
Information for this report was compiled from data from the Senate nominations
database of the Legislative Information System [http://www.congress.gov/nomis/],
the
Congressional Record (daily edition), the
Weekly Compilation of Presidential
Documents, and telephone discussions with agency officials.
Related information may be found in CRS Report RL31346,
Presidential
Appointments to Full-Time Positions in Executive Departments During the 107th
Congress, 2001-2002, by (name redacted); and CRS Report RL31435,
Presidential
Appointments to Full-Time Positions in Independent and Other Agencies During the
107th Congress, by (name redacted).
This report will not be updated.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Appointments During the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Average Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Selection and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Characterization of Regulatory and Other Collegial Bodies . . . . . . . . . . . . . 7
Organization of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Board and Commission Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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 (FHFB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
Appendix A. Nominees and Appointees, 107th Congress . . . . . . . . . . . . . . . . . . 44
Appendix B. Appointment Action, 107th Congress . . . . . . . . . . . . . . . . . . . . . . . 49
Appendix C. Senate Recesses for the 107th Congress . . . . . . . . . . . . . . . . . . . . . 51
Appendix D. Agency Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Presidential Appointments to Full-Time
Positions on Regulatory and Other Collegial
Boards and Commissions, 107th Congress
Introduction1
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate. It also
specifies, for the 107th Congress, all nominations to full-time positions on 33
regulatory and other collegial boards and commissions.2 Profiles of each board and
commission provide information on their organizational structures, membership as
of the end of the 107th Congress, and appointment activity during that Congress.
Appointments During the 107th Congress
During the 107th Congress, 125 nominations to full-time positions on 33
regulatory and other boards and commissions were submitted to the Senate by the
President. President Clinton submitted 12 of these nominations before he left office
on January 20, 2001, and these 12 were withdrawn by President Bush on March 19,
2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6
were withdrawn, and 35 were returned to him (13 at the August recess and 22 at the
end of the 107th Congress). President Clinton made 12 recess appointments during
the intersession between the 106th and 107th Congresses, all of which expired at the
end of the first session of the 107th Congress. President Bush made 5 intrasession
and 7 intersession recess appointments to regulatory and other boards and
commissions. Seven of President Bush’s recess appointments expired at the end of
the 107th Congress and five will expire at the end of the first session of the 108th.
Table 1 summarizes the appointment activity for the 107th Congress. At the end of
the Congress, there were 19 vacancies among 147 positions. In addition, 14
incumbents were serving past the expiration of their terms.
1This report was built on research by (name redacted) and (name redacted). Significant
portions of the text presented here were written by Dr. Garcia for earlier versions of this
report.
2This report does not include the Election Assistance Commission, which was established
by P.L. 107-252, Sec. 201 but was not operational during the 107th Congress. For more
information on the new commission, see
CRS Election Reform Briefing Book, available at
[http://www.congress.gov/brbk/html/eberf1.shtml].
CRS-2
Table 1. Appointment Action During the First Session
of the 107th Congress
Total positions
147
Nominations submitted to the Senate
125
Nominations confirmed by the Senate
72
Individual nominees
95
Positions to which nominations were made
87
Nominations returned at the August 2001 recess
13
Nominations returned at the the end of the 107th Congress
22
Nominations submitted by Clinton, withdrawn by Bush
12
Nominations submitted and withdrawn by Bush
6
Intersession recess appointments between 106th and 107th Congresses (Clinton)
12
Intrasession recess appointments
5
Intersession recess appointments
7
Average Time to Confirm a Nomination
The average time the Senate took to confirm a nomination to a regulatory or
other collegial board or commission, as well as the average time the President took
to submit a nomination, may not be as meaningful when considering boards or
commissions as it is when considering executive departments and single-head
independent agencies. Nearly all positions on boards and commissions are for a fixed
term of office, and when a term expires, the incumbent usually 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 time taken to
confirm a nomination generally is not as crucial for independent regulatory boards
and commissions as it is for executive departments and single-head independent
agencies, where a nomination is generally made to a position that is vacant.
The length of time a given nomination may be pending in the Senate varies
widely. Some nominations are confirmed within a few days, others may not be
confirmed for several months, and some are never confirmed. This report provides,
for each board or commission nomination that was confirmed in the 107th Congress,
the number of days between nomination and confirmation (“days to confirm”). Some
Senate recess days are not included in this sum because Senators are unable to take
up nominations on these days. For practical reasons, only days from the longer
recesses around August and between congressional sessions are excluded. These
recesses are often longer than 30 days. This cutoff point is suggested by the Senate
rules, which provide that “if the Senate shall adjourn or take recess for more than
thirty days, all nominations pending and not finally acted upon” shall be returned to
the President, although this rule is often waived.3 The 32 days during the August
2002 recess and the 33 days between the first and second sessions of the 107th
3U.S. Congress, Senate Committee on Rules and Administration,
Senate Manual, 106th
Cong., 1st sess., S.Doc. 106-1 (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.
CRS-3
Congress were subtracted from the “days to confirm” for those nominations that
spanned one or both recesses. No days were subtracted for the August 2001 recess,
because, as discussed below, all pending nominations were returned prior to that
recess.
An accurate calculation of the average time the Senate took to confirm a
nomination in the 107th Congress is made more challenging by an unusual
characteristic of the session. As just noted, the Senate rules provide that all pending
nominations are to be returned to the President at the beginning of recesses of thirty
days or more. Usually the Senate agrees, by unanimous consent, to waive this rule
and retain pending nominations over their recesses. Prior to the 31-day August 2001
recess, however, the Senate did not reach such an agreement, and 162 pending
nominations, 13 of which were to the organizations discussed in this report, were
returned to the President.4 The President sent forward nominations for some of these
individuals again after the recess. Those nominations were considered to be new
nominations, rather than continuations of the pre-recess nominations. As a result,
when such nominations are confirmed, the length of the confirmation process, shown
in the tables of this report as “days to confirm,” does not include any pre-recess time
during which the nominee was under consideration in the Senate. Consequently, the
average is smaller than it would be if the pre- and post-recess nomination times were
added together. For example, the mean number of days to confirm for all boards and
commissions is 70 days, but if the pre-recess days during which a nominee was under
consideration in the Senate were included for all confirmed nominees, this mean
would be 72 days. Likewise, the median “days to confirm” for all board and
commission nominations is 51, but it would be 52 if pre-recess days were included.5
Table notes provide figures that take such pre-recess time into account. In general,
however, comparisons between average confirmation times from this report and those
from previous reports should be made cautiously.
Since most of these boards and commissions require a political balance among
their members (i.e., no more than a simple majority may be from the same political
4See Sen. Harry Reid and Sen. Trent Lott, “Unanimous Consent Request — Executive
Calendar,” colloquy,
Congressional Record, daily edition, vol. 147, Aug. 3, 2001, p. S8888.
Such a unanimous consent agreement was reached, however, for the recess between the 1st
and 2nd sessions of the 107th Congress. Sen. Harry Reid, “Nominations to Remain in Status
Quo Notwithstanding the Adjournment of the Senate,”
Congressional Record, daily edition,
vol. 147, Dec. 20, 2001, p. S14049. By unanimous consent, no nominations were returned
to the President prior to the 32-day August 2002 recess. Sen. Harry Reid, “Order for
Nominations,”
Congressional Record, daily edition, vol. 148, Aug. 1, 2002, p. S8020.
5In this report, the tables for individual boards and commissions show the mean for that
organization, and the table of all nominations in Appendix A shows both the mean and the
median. The mean is the average as it is commonly calculated. In order to calculate the
mean “days to confirm,” for example, for each organization, the “days to confirm” data for
all the confirmed nominations in the organization were added together and then divided by
the number of confirmed nominations. The median is the middle number when the “days
to confirm” data for all the confirmed nominations are arranged in numerical order.
Although the mean is the more familiar kind of average, the median is included on the larger
table because it diminishes the influence of a few extreme entries. It is not included on the
smaller tables, where the influence of such entries is more directly visible.
CRS-4
party), the President negotiates 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, at the time,
may be particularly sensitive. This often results in a packaging process in which the
President submits several nominations together for positions in a particular agency
and the Senate then confirms them as a group. 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.
(The Federal Communications Commission provides an example of cluster action.)
The Appointment Process
The President and the Senate share the power to appoint the principal officers
of the United States.6 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 — selection and nomination, confirmation, and appointment.
Selection and Nomination. In this stage, the President selects the nominee
and sends the nomination to the Senate. There are a number of steps in the
President’s selection of candidates for most Senate-confirmed positions. First, with
the assistance of the White House Office of Presidential Personnel, the President
selects a candidate for the position. The candidate then prepares and submits several
forms: the “Public Financial Disclosure Report” (Standard Form (SF) 278), the
“Questionnaire for National Security Positions” (SF 86), and the White House
“Personal Data Statement Questionnaire.” The Office of the Counsel to the President
oversees the clearance process, with background investigations conducted by the
Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of
Government Ethics (OGE), and ethics official for the agency to which the candidate
is to be appointed. If conflicts are found during the background check, OGE and the
agency ethics officer may work with the candidate to mitigate the conflicts. Once the
Counsel has cleared the candidate, the nomination is ready to be submitted to the
Senate. The selection and vetting stage is often the longest part of the appointment
process. There can be lengthy delays, particularly if many candidates are being
processed, as they are at the beginning of an Administration, or if conflicts need to
be resolved. Candidates for higher-level positions are often accorded priority in this
process.
For positions 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 President’s party, he usually
defers to the recommendations of party leaders from the state. Occasionally, the
President solicits recommendations from Senators of the opposition party because of
6A succinct historical and contemporary overview of the appointment power is found in
(name redacted), “Appointme
nt Powers,” in his
Constitutional Conflicts between Congress and
the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48.
CRS-5
their positions in the Senate. Before making a nomination to a federal position at the
state or national level, the President must consider how it will fare in the
confirmation process.
A nominee has no legal authority to assume the duties and responsibilities of the
position; the authority comes with Senate confirmation and presidential appointment.
A nominee who is hired as a consultant while awaiting confirmation may serve only
in an advisory capacity. If circumstances permit and conditions are met, the
President may give the nominee a recess appointment to the position (see below).
Recess appointments may have political consequences, however, particularly if
Senators perceive that an appointment is an effort to circumvent their constitutional
role. Some Senate-confirmed positions, such as many of those in the executive
departments, may also be temporarily filled under the Vacancies Act.7 Positions on
most boards and commissions, however, are not covered by this Act.8
Confirmation. In the confirmation or second stage, the Senate alone
determines whether to approve or disapprove a nomination. The way 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 nominees’ views and how they are likely to affect public
policy.9 Two other factors may also affect the scrutiny with which a nominee’s
personal and professional qualities are examined: whether or not the President’s party
controls the Senate and the degree to which the President becomes involved in
supporting the nomination.
Although the Senate confirms most nominations, no President can safely assume
that his nominees will be approved routinely. Rarely, however, does a rejection
occur on the Senate floor. Nearly all rejections occur in committee, either by
committee vote or by committee inaction. Rejections in committee occur for a variety
of reasons, including opposition to the nomination, inadequate amount of time for
consideration of the nomination, or factors that may have nothing to do with the
merits of the nomination. The most recent study of Senate confirmation action,
which looked at the period between 1981 and 1992, found that the Senate failed to
confirm 22% of all nominations to full-time positions on boards and commissions.
During the same period, 11% of nominations to independent agencies and 9% of
nominations to executive departments also failed.10
7P.L. 105-277, Div. C, Title I, sec. 151; 5 U.S.C. 3345-3349d. For more on the Vacancies
Act, see CRS Report 98-892,
The New Vacancies Act: Congress Acts to Protect the Senate’s
Confirmation Prerogative, by (name redacted).
85 U.S.C. 3349c.
9G. Calvin Mackenzie,
The Politics of Presidential Appointments (New York: The Free
Press, 1981), pp. 97-189.
10CRS Report 93-464 GOV,
Senate Action on Nominations to Policy Positions in the
Executive Branch, 1981-1992, by (name redacted) (archived; contact Henry Hogue for more
information). The study did not include nominations submitted by Presidents Carter and
Reagan in the last months 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
(continued...)
CRS-6
Appointment. In the 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. The President may sign the commission at any time
after confirmation. Under unusual circumstances, he may not sign it at all, thus
preventing the appointment. Once the appointee is given the commission and sworn
in, he or she has full authority to carry out the responsibilities of the office.
Recess Appointments
The appointment process also enables the President to make appointments
without Senate confirmation when the Senate is in recess, either during a session
(intrasession recess appointment) or between sessions (intersession recess
appointment). Recess appointments expire at the end of the next session of
Congress.11 Recess appointments made by President Clinton during the intersession
prior to the beginning of the 107th Congress expired at the end of the first session of
the 107th Congress. Recess appointments made by President Bush during a recess
within the first session or between the first and second sessions of the 107th Congress
expired at the end of the second session of the 107th Congress. Recess appointments
made by President Bush during a recess within the second session of the 107th
Congress or between the end of the 107th Congress and the beginning of the 108th
Congress expire at the end of the first session of the 108th Congress. Appendix C
provides a table showing the dates of the Senate recesses immediately before, during,
and immediately after the 107th Congress.
Presidents have occasionally used the recess appointment power to circumvent
the confirmation process. In response, Congress has placed 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 recess 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 appointment falling under any one of these
three exceptions must be followed by a nomination to the position not later than 40
days after the beginning of the next session of the Senate. For this reason, when a
recess appointment is made, the President generally submits a new nomination for
the nominee even when an old nomination is pending.12 In addition, although recess
10(...continued)
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.
11Art. II, Sec. 2, Cl. 3 of the Constitution.
12For a further discussion of recess appointments and a list of recess appointments during
the Clinton presidency, see CRS Report RL30821,
Recess Appointments Made by President
Clinton, by (name redacted). For a legal history and overview of recess appointments, see
(continued...)
CRS-7
appointees whose nominations to a full term are subsequently rejected by the Senate
may continue to serve until the end of their recess appointment, a provision of the
annual Treasury and General Government Appropriations Act may prevent them
from being paid after their rejection.13
Characterization of Regulatory and Other Collegial Bodies
Federal executive branch boards and commissions share the following
characteristics: (1) they are independent executive branch bodies located, with four
exceptions, outside executive departments;14 (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.
The time between confirmation and the term-expiration date is often less than
the fixed term of office. A new member may be nominated and confirmed for a
position from which someone has resigned (or died) with an unexpired term or for
a position with a new term that is already underway. 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 — 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 the membership when he designates the
12(...continued)
CRS Report 87-832 A,
Recess Appointments: Legal Overview, by Richard C. Ehlke
(archived; contact author for more information).
13P.L. 107-67, sec. 609. The provision reads, “No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to any person for the filling of any
position for which he or she has been nominated after the Senate has voted not to approve
the nomination of said person.” This provision has been part of this funding bill since at
least 1950.
14Exceptions are the Federal Energy Regulatory Commission (FERC), located in the
Department of Energy (DOE); the Foreign Claims Settlement Commission (FCSC) and the
United States Parole Commission (USPC), both located in the Department of Justice (DOJ);
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. The
FCSC is designated as an independent entity within DOJ, with a specific provision that
decisions of the Commission shall not be subject to review by the Attorney General. The
enabling statutes of the STB and the USPC state only that they are located within their
respective departments.
CRS-8
chair or has the opportunity to fill a number of vacancies at once. For example,
President George W. Bush had the opportunity to shape the Securities and Exchange
Commission during the first two years of his presidency because of existing
vacancies, resignations, and the death of a member. Likewise, during the same time
period, President Bush was able to submit nominations for all of the positions on the
National Labor Relations Board because of existing vacancies, expiring recess
appointments, and resignations. Simultaneous turnover of board or commission
membership may sometimes result from coincidence. It may also sometimes be the
result of a buildup of vacancies after extended periods during which the President
fails to nominate, or the Senate fails to confirm, members.
There are two other notable characteristics of some of the boards and
commissions. First, 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. Second, six
organizations have confirmation requirements for either their inspector general or
their general counsel.
Organization of the Report
Board and Commission Profiles. Each of the 33 board or commission
profiles following the narrative portion of this report is organized into three sections:
organizational structure; current membership; and nominations and appointments.
The organizational section discusses the statutory requirements for the appointed
positions, including the number of members on each board or commission, their
terms of office, whether or not they may continue in their positions after their terms
expire, whether or not political balance is required, and the method for selection of
the chair.
Data15 on appointment actions during the 107th Congress appear under both the
“Current Membership” section and the “Appointment Action” section, and are
current as of January 3, 2003. The “Current Membership” section identifies the
agency’s positions requiring Senate confirmation and the incumbents in those
positions. Incumbents whose terms have expired are italicized. 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. For those agencies requiring political balance among their
15This report was compiled from data from the Senate nominations database of the
Legislative Information System [http://www.congress.gov/nomis/], the
Congressional
Record (daily edition), the
Weekly Compilation of Presidential Documents, and telephone
discussions with agency officials. For similar reports for previous Congresses, see CRS
Report 94-628 GOV,
Presidential Appointments to Full-Time Positions on Regulatory and
Other Collegial Boards and Commissions, 103rd Congress, by (name redacted); CRS Report
96-271 GOV,
Presidential Appointments to Full-Time Positions on Regulatory and Other
Collegial Boards and Commissions, 104th Congress, by (name redacted); CRS Report 98-137
GOV,
Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial
Boards and Commissions, 105th Congress, by (name redacted); and CRS Report RL30476,
Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial
Boards and Commissions, 106th Congress, by (name redacted).
CRS-9
members, the political affiliation of an incumbent is listed as Democrat (D),
Republican (R), or Independent (I). The section also includes the pay levels of the
positions. 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 ($142,500), and most of the other positions are at level IV
($134,000).16
The “Appointment Action” section identifies the nominees, in chronological
order, the positions to which they were nominated, the dates of nomination, the dates
of confirmation, and the number of days taken for confirmation. Actions other than
confirmation (i.e., nominations rejected by the Senate, nominations returned to or
withdrawn by the President, and recess appointments) are also noted. 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 action and he or she is
given a recess appointment, a second, follow-up, nomination is usually submitted to
comply with the requirements of 5 U.S.C. 5503(b).
In tables that show more than one confirmed nomination, the mean number of
days to confirm a nomination is provided. This figure is determined by calculating
the number of days between the nomination and confirmation dates, adding these
numbers for all confirmed nominations, and dividing the result by the number of
nominations confirmed. This mean should be used cautiously. As discussed earlier,
the Senate took the unusual step of returning all nominations to the President prior
to the August 2001 recess. Many of those whose nominations were returned were re-
nominated after the recess. Consequently, these individuals were nominated twice,
and the time their first nominations were pending in the Senate is not included in the
calculation of the mean days to confirm a nomination. As a result, this mean time is
shorter than it would be otherwise.
Additional Appointment Information. Appendix A presents a table of all
appointees, alphabetically organized, and following a similar format to that of the
“Appointment Action” sections just discussed. It identifies the agency involved and
the dates of nomination and confirmation. The table also indicates if a nomination
was withdrawn, returned, or rejected, or if a recess appointment was made. The
mean number of days taken to confirm a nomination is calculated as described above,
and the same caution is advised. The table also shows the median, which is the
middle number when the “days to confirm” data for all the confirmed nominations
are arranged in numerical order.
Appendix B provides a table with summary information on appointments and
nominations by agency. For each of the 33 independent boards and commissions
discussed in this report, the table provides the number of positions, vacancies,
16These salary rates are in effect as of this writing. For information on pay for federal
officials, see CRS Report 98-53,
Salaries of Federal Officials: A Fact Sheet, by Sharon
Gressle.
CRS-10
incumbents whose term has expired, nominations, individual nominees, positions to
which nominations were made, confirmations, nominations returned to the President,
nominations withdrawn, and recess appointments.
Appendix C provides a table showing the dates of the Senate recesses
immediately before, during, and immediately after the 107th Congress. A list of
agency abbreviations can be found in Appendix D.
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 chair 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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Carolyn W. Merritt
na
08/01/02
08/01/07
IV
Chair
Isodore Rosenthal
na
10/21/98
10/21/03
IV
Andrea K. Taylor
na
10/21/98
10/21/03
IV
Gerald V. Poje
na
11/10/99
11/01/04
IV
Reappointed
John S. Bresland
na
08/01/02
08/01/07
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Carolyn W. Merritt
na
Member
06/05/02
08/01/02
57
Carolyn W. Merritt
na
Chair
06/05/02
08/01/02
57
John S. Bresland
na
Member
06/17/02
08/01/02
45
Mean number of days to confirm a nomination
53
na - not applicable.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
James E. Newsome
R
12/20/01
06/19/06
III
Chair,
Reappointed
Barbara P. Holum
D
06/23/98
04/13/02
IV
Reappointed
Vacant
04/13/03
IV
Sharon Brown-Hruska
R
08/01/02
04/13/04
IV
Walter L. Lukken
R
08/01/02
04/13/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
James E. Newsome
R
Commissioner
10/31/01
12/20/01
50
James E. Newsome
R
Chair
10/31/01
12/20/01
50
Sharon Brown-
R
Commissioner
04/09/02
08/01/02
114
Hruska
Walter L. Lukken
R
Commissioner
04/16/02
08/01/02
107
Mean number of days to confirm a nomination
80
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 Membershipa
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Harold D. Stratton
R
07/25/02
10/26/06
III
Chair
Thomas H. Moore
D
08/02/96
10/26/03
IV
Reappointed
Mary S. Gall
R
07/01/99
10/26/05
IV
Reappointed
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Mary S. Gall
R
Chair
05/08/01
Returned 08/03/01b
Harold D. Stratton
R
Commissioner
03/13/02
07/25/02
134
Harold D. Stratton
R
Chair
03/13/02
07/25/02
134
Mean number of days to confirm a nomination
134
a Two vacant positions are not listed, because, since FY1993, 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).
b
c On Aug. 2, 2001, the Senate Committee on Commerce, Science, and Transportation failed to report
Gall’s nomination to the full Senate. The nomination was then returned to the President at the
beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate. After the recess, the President did not resubmit the nomination,
reportedly at Gall’s request (Brian Nutting, “White House Drops Gall Nomination For
Consumer Post,”
CQ Daily Monitor, Sept. 11, 2001, p. 1). Gall continues to serve as a member
of the commission.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
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
Vacant
10/18/02
III
Vacant
10/18/05
III
John E. Mansfield
R
08/01/02
10/18/06
III
Reappointed
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
John E. Mansfield
R
Member
05/08/02
08/01/02
85
a
R. Bruce Matthews
Member
05/08/02
Returned 11/20/02b
a Information not available.
b Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent Party
confirmed
expires
level
Comments
Cari M. Dominguez
R
07/19/01
07/01/06
III
Chair
Leslie Silverman
R
03/01/02
07/01/03
IV
Paul S. Miller
D
11/19/99
07/01/04
IV
Reappointed
Vacant
07/01/05
IV
Vacant
07/01/07
IV
Vacant
na
4 years
V
General Counsel
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Cari M. Dominguez
R
Member
05/10/01
Returned 08/03/01a
Cari M. Dominguez
R
Member
05/10/01
07/19/01
70
Naomi C. Earp
R
Member
11/27/01
Returned 11/20/02b
Leslie Silverman
R
Member
02/11/02
03/01/02
18
Mean number of days to confirm a nomination
44
na - not applicable.
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate. The term for which the
nomination was submitted expired July 1, 2001.
b Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Philip Merrill
R
11/14/02
01/20/05
III
Chair
Eduardo Aguirre, Jr.
R
12/20/01
01/20/05
IV
Vice Chair
Dan H. Renberg
R
11/10/99
01/20/03
IV
Dorian V. Weaver
D
11/10/99
01/20/03
IV
J. Joseph Grandmaison
D
12/20/01
01/20/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
John E. Robson
R
Chair
04/30/01
05/17/01
17
Eduardo Aguirre, Jr.
R
Vice Chair
05/22/01
Returned 08/03/01a
Eduardo Aguirre, Jr.
R
Vice Chair
09/04/01
12/20/01
107b
J. Joseph Grandmaison
D
Member
11/29/01
12/20/01
21
Philip Merrill
R
Chair
09/30/02
11/14/02
45
Mean number of days to confirm a nomination
48
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
b If the number of days Aguirre’s first (pre-recess) nomination was pending in the Senate were
included in this number, it would be 180, rather than 107. The mean number of days to confirm
a nomination for the agency would then be 66.
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 may not succeed him- 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. The President designates the chair. (12 U.S.C. 2242)
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Michael M. Reyna
D
10/21/98
05/21/04
III
Chair
Douglass L. Flory
R
08/01/02
10/13/06
IV
Nancy C. Pellett
R
11/14/02
05/31/08
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Michael V. Dunna
D
Member
01/05/01
Withdrawn 03/19/01b
Douglass L. Flory
R
Member
05/13/02
08/01/02
80
Nancy C. Pellett
R
Member
06/14/02
11/14/02
121
Mean number of days to confirm a nomination
101
a On Dec. 21, 2000, Dunn was given a recess appointment, which would have expired at the end of
the 107th Congress, 1st session. He resigned in Feb. 2001.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Michael K. Powell
R
05/25/01
06/30/07
III
Reappointed,
Chair
Jonathan S. Adelstein
D
11/14/02
06/30/03
IV
Kathleen Q. Abernathy
R
05/25/01
06/30/04
IV
Michael J. Copps
D
05/25/01
06/30/05
IV
Kevin J. Martin
R
05/25/01
06/30/06
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Susan Nessa
D
Member
01/05/01
Withdrawn 03/19/01b
Kathleen Q. Abernathy
R
Member
04/30/01
Withdrawn 05/01/01c
Michael J. Copps
D
Member
04/30/01
Withdrawn 05/01/01c
Kevin J. Martin
R
Member
04/30/01
05/25/01
25
Kathleen Q. Abernathy
R
Member
05/01/01
05/25/01
24
Michael J. Copps
D
Member
05/01/01
05/25/01
24
Michael K. Powell
R
Member
05/10/01
05/25/01
15
Jonathan S. Adelstein
D
Member
07/10/02
11/14/02
95
Mean number of days to confirm a nomination
37
a On Dec. 18, 2000, Ness was given a recess appointment, which expired at the end of the 107th
Congress, 1st session.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
c The nominations of Abernathy and Copps were withdrawn, and each was re-nominated to the
position to which the other had previously been nominated. As a result, Abernathy’s term
expires in 2004 and Copp’s term expires in 2005.
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 (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 for a term of five
years and the 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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Donald E. Powell
R
07/12/01
07/15/07
III
Chaira
John M. Reich
R
12/15/00
12/27/06
IV
Vice Chair
Vacant
Six years
IV
from appt.
James Gilleran
na
Office of Thrift
Ex officio
Supervision, Director
John D. Hawke Jr.
na
Comptroller of the
Ex officio
Currency
Gaston L. Gianni, Jr.
na
03/29/96
Indefiniteb
IV
Inspector General
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Donald E. Powell
R
Member
05/22/01
07/12/01
51
Donald E. Powell
R
Chair
05/22/01
07/12/01
51
John M. Reich
R
Vice Chair
07/11/02
11/12/02
92
Mean number of days to confirm a nomination
65
na - not applicable.
a Powell’s term as chair expires 07/15/06.
b The incumbent has been held over from the previous administration. The President may remove him
at any time.
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) The chair and vice chair, from different
political parties and designated by the commission, change each year. The vice chair
succeeds the chair. (2 U.S.C. 437c)
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Ellen L. Weintraub
D
Recess appt.
04/30/07
III
Chair
(12/06/02)
Bradley A. Smith
R
05/24/00
04/30/05
IV
Vice Chair
David M. Mason
R
07/30/98
04/30/03
IV
Scott E. Thomas
D
07/30/98
04/30/03
IV
Danny L. McDonald
D
05/24/00
04/30/05
IV
Michael E. Toner
R
Recess appt.
04/30/07
IV
(03/29/02)
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Michael E. Toner
R
Member
03/04/02
Returned 11/20/02a
Michael E. Toner
R
Member
Recess appointment 03/29/02b
Michael E. Toner
R
Member
05/16/02
Returned 11/20/02a
Ellen L. Weintraub
D
Member
11/19/02
Returned 11/20/02a
Ellen L. Weintraub
D
Member
Recess appointment 12/06/02c
a Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
b Toner’s recess appointment expires at the end of the 108th Cong., 1st sess.
c Weintraub’s recess appointment expires at the end of the 108th Cong., 1st sess.
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 his or her term expires. The President
designates the chair. (42 U.S.C. 7171)
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Patrick H. Wood
R
05/25/01
06/30/05
III
Chair
William L. Massey
D
06/26/98
06/30/03
IV
Reappointed
Vacant
06/30/04
IV
Nora M. Brownell
R
05/25/01
06/30/06
IV
Reappointed
Vacant
06/30/07
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
James J. Hoeckera
D
Member
01/05/01
Withdrawn 03/19/01b
Nora M. Brownellc
R
Member
04/30/01
05/25/01
25
Nora M. Brownellc
R
Member
04/30/01
05/25/01
25
Patrick H. Wood
R
Member
04/30/01
05/25/01
25
Joseph T. Kelliher
R
Member
05/02/02
Returned 11/20/02d
Mean number of days to confirm a nomination
25
a Hoecker was given a recess appointment on Dec. 18, 2000. The appointment would have expired
at the end of the 107th Cong., 1st sess., but he resigned at the beginning of 2001.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
c Brownell was nominated and confirmed for a position with an unexpired term, which ended on June
30, 2001, and to the succeeding term in the same position.
d Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
CRS-22
Federal Housing Finance Board (FHFB)
The FHFB consists of five members, of whom one — the Secretary of Housing
and Urban Development (HUD) or his or her designee — is
ex officio. The four
appointed members serve seven-year terms, and no more than three may be from the
same political party. An appointed member whose term expires may continue to
serve until a successor is appointed. The President designates the chair from among
the appointed members. Members began serving on a full-time basis on January 1,
1994. (12 U.S.C. 1422a(1))
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
John T. Korsmo
R
11/29/01
02/27/09
III
Chair,
reappointed
J. Timothy O’Neill
R
05/25/95
02/27/97
IV
Franz S. Leichter
D
11/29/01
02/27/06
IV
Allan I. Mendelowitz
D
11/29/01
02/27/07
IV
John C. Weicher
na
Designeea na
Ex Officio
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Allan I. Mendelowitzb
D
Director
01/05/01
Withdrawn 03/19/01c
Shirlee Bowne
R
Director
09/14/01
Withdrawn 11/15/01
John T. Korsmod
R
Director
10/09/01
11/29/01
51
John T. Korsmod
R
Director
10/09/01
11/29/01
51
Franz S. Leichter
D
Director
11/07/01
11/29/01
22
Allan I. Mendelowitz
D
Director
11/07/01
11/29/01
22
Diana E. Furchtgott-Roth
R
Director
05/23/02
Returned 11/20/02e
Mean number of days to confirm a nomination
37
na - not applicable.
a Weicher, who is the Assistant Secretary for Housing and the Federal Housing Commissioner at
HUD, is the designee of the Secretary.
b On Dec. 28, 2000, Mendelowitz was given a recess appointment, which expired at the end of the
107th Congress, 1st session.
c The nomination was submitted by President Clinton and withdrawn by President Bush.
d Korsmo was nominated and confirmed for a position with an unexpired term, which ended on Feb.
27, 2002, and to the succeeding term in the same position.
e Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Dale Cabiniss
R
11/09/97
07/29/02
IV
Chair
Carol W. Pope
D
10/26/00
07/01/04
V
Tony Armendariz
R
07/11/01
07/01/05
V
a
Vacant
na
V
General Counsel
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Tony Armendariz
R
Member
04/30/01
07/11/01
72
Peter Eide
na
General Counsel
06/28/02
Returned 11/20/02b
Dale Cabaniss
R
Member
09/03/02
Returned 11/20/02b
na - not applicable.
a The general counsel is appointed to a five-year term, but may be removed at any time by the
President.
b Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Steven R. Blust
R
08/01/02
06/30/06
III
Chair
Delmond J. H. Won
D
09/08/00
06/30/02
IV Reappointed
Joseph E. Brennan
D
11/10/99
06/30/03
IV
Harold J. Creel, Jr.
D
10/21/98
06/30/04
IV
Reappointed
Rebecca Dye
R
11/14/02
06/30/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Steven R. Blust
R
Commissioner
03/14/02
08/01/02
140
Rebecca Dye
R
Commissioner
06/13/02
11/14/02
122
Mean number of days to confirm a nomination
131
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 Membershipa
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Robert H. Beatty, Jr.
na
03/04/98
08/30/04
IV
Michael F. Duffy
na
11/19/02
08/30/06
IV
Vacant
na
08/30/06
IV
Vacant
na
08/30/08
IV
Vacant
na
08/30/08
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Stanley C. Suboleski
na
Member
03/22/02
Returned 11/20/02b
Michael F. Duffy
na
Member
04/22/02
11/19/02
179
na - not applicable.
a Neither member has been designated chair.
b Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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 four-year terms, with the advice and consent
of the Senate. The chair and vice chair give up their positions when the four-year
terms expire. (12 U.S.C. 241)
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Alan Greenspan
na
02/27/92
01/31/06
II
Chaira
Roger W. Ferguson, Jr.
na
07/19/01
01/31/14
III
Vice Chaira
Ben S. Bernanke
na
07/31/02
01/31/04
III
Edward M. Gramlich
na
10/30/97
01/31/08
III
Mark W. Olson
na
12/06/01
01/31/10
III
Susan S. Bies
na
12/06/01
01/31/12
III
Donald L. Kohn
na
07/31/02
01/31/16
III
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Roger W. Ferguson, Jr.
na
Member
04/23/01
07/19/01
87
Susan S. Bies
na
Member
08/03/01
Returned 08/03/01b
Mark W. Olson
na
Member
08/03/01
Returned 08/03/01b
Susan S. Bies
na
Member
09/04/01
12/06/01
93
Mark W. Olson
na
Member
09/04/01
12/06/01
93
Ben S. Bernanke
na
Member
07/11/02
07/31/02
20
Donald L. Kohn
na
Member
07/11/02
07/31/02
20
Mean number of days to confirm a nomination
45
na - not applicable.
a The term for each of these positions is four years. The chair’s term expires June 20, 2004, and the
vice chair’s term expires Oct. 5, 2003.
b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Timothy J. Muris
R
05/25/01
09/25/08
III
Chair
Sheila F. Anthony
D
09/24/97
09/25/02
IV
Mozelle W. Thompson
D
03/12/98
09/25/03
IV
Orson Swindle
R
03/12/98
09/25/04
IV
Thomas B. Leary
R
11/10/99
09/25/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Timothy J. Murisa
R
Commissioner
04/23/01
05/25/01
32
Timothy J. Murisa
R
Commissioner
04/25/01
05/25/01
30
Mean number of days to confirm a nomination
31
a The first nomination was for the completion of an unexpired term, and the second was for the
succeeding term.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Mauricio J.
na
01/25/02
09/30/03
V
Chair
Tamargo
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
John R. Laceya
na
Chair
01/05/01
Withdrawn 03/19/01b
Mauricio J. Tamargo
na
Chair
07/12/01
Returned 08/03/01c
Mauricio J. Tamargo
na
Chair
09/04/01
01/25/02
110d
na - not applicable.
a On Jan. 3, 2001, Lacey was given a recess appointment to serve as chair, which expired at the end
of the 107th Congress, 1st session.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
c Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
d If the number of days Tamargo’s first (pre-recess) nomination was pending in the Senate were
included in this number, it would be 132, rather than 110.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Susanne T. Marshall
R
11/09/97
03/01/04
III
Confirmed as
member, recess
appointed as chair
Beth S. Slaveta
D
08/11/95
03/01/02
IV
Vacant
03/01/07
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Barbara J. Sapinb
D
Member
01/05/01
Withdrawn 03/19/01c
Beth S. Slavet
D
Chair
01/05/01
Withdrawn 03/19/01c
Stuart D. Rick
R
Member
04/09/02
Withdrawn 07/10/02
Susanne T. Marshall
R
Chair
05/13/02
Returned 11/20/02d
Neil McPhie
R
Member
07/09/02
Returned 11/20/02d
Susanne T. Marshall
R
Chair
Recess appointment 08/06/02e
Susanne T. Marshall
R
Chair
09/30/02
Returned 11/20/02d
a On Dec. 22, 2000, Slavet received a recess appointment to serve as chair. That recess appointment
expired at the end of the 107th Congress, 1st session. Her term as member expires as noted in
the table.
b On Dec. 28, 2000, Sapin received a recess appointment to serve as a member, and she was also
designated vice chair. The recess appointment expired at the end of the 107th Congress, 1st
session.
c The nomination was submitted by President Clinton and withdrawn by President Bush.
d Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
e Recess appointment expires at the end of the first session of the 108th Congress.
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 Membershipa
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Dennis Dollar
R
10/09/97
04/10/03
III
Chair
Deborah Matz
D
03/22/02
08/02/05
IV
JoAnn Johnson
R
03/22/02
08/02/07
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Geoff Bacinob
D
Member
01/05/01
Withdrawn 03/19/01c
JoAnn Johnson
R
Member
11/27/01
03/22/02
82
JoAnn Johnson
R
Member
Recess Appointment 01/22/02d
Deborah Matz
D
Member
Recess Appointment 01/22/02d
Deborah Matz
D
Member
02/27/02
03/22/02
23
Mean number of days to confirm a nomination
53
a No vice chair has been designated.
b On Dec. 29, 2000, Bacino received a recess appointment, which expired at the end of the 107th
Congress, 1st session.
c The nomination was submitted by President Clinton and withdrawn by President Bush.
d The recess appointments of Johnson and Matz expired at the end of the 107th Congress, by which
time their nominations had been confirmed by the Senate, as shown.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Robert J. Battista
R
11/14/02
12/16/07
III
Chair
R. Alexander Acosta
R
11/14/02
08/27/03
IV
Dennis P. Walsh
D
11/14/02
12/16/04
IV
Peter Schaumber
R
11/14/02
08/27/05
IV
Wilma B. Liebman
D
11/14/02
08/27/06
IV
Reappointed
Arthur F. Rosenfeld
R
5/26/01
4 years
IV
General Counsel
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Dennis P. Walshc
D
Member
01/05/01
Withdrawn 03/19/01d
Arthur F. Rosenfeld
R
General Counsel
05/24/01
05/26/01
2
Peter J. Hurtgen
R
Member
Recess Appointment 08/31/01 c
R. Alexander Acosta
R
Member
10/09/01
Returned 11/20/02
Dennis P. Walsh
D
Member
11/07/01
11/14/02
307
Michael Bartlett
R
Member
Recess Appointment 01/22/02 c
William Cowen
R
Member
Recess Appointment 01/22/02 c
R. Alexander Acosta
R
Member
02/28/02
11/14/02
227
Peter Schaumber
R
Member
05/23/02
11/14/02
143
Robert J. Battista
R
Member
06/13/02
Withdrawn 10/04/02
Robert J. Battista
R
Member
10/04/02
11/14/02
41
Wilma B. Liebman
D
Member
10/04/02
11/14/02
41
Mean number of days to confirm a nomination
127
a On Dec. 29, 2000, Walsh received a recess appointment, which expired at the end of the 107th
Congress, 1st session.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
c Each of these recess appointments expired at the end of the 107th Congress.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Francis J. Duggan
R
11/19/99
07/01/03
III
Chair
Edward J. Fitzmaurice, Jr.
R
08/01/02
07/01/04
IV
Harry R. Hoglander
D
08/01/02
07/01/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Edward J. Fitzmaurice, Jr.
R
Member
11/09/01
08/01/02
232
Harry R. Hoglander
D
Member
07/09/02
08/01/02
23
Mean number of days to confirm a nomination
128
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Carol J. Carmody
D
05/24/00
12/31/04
III
Acting Chair
George W. Black, Jr.
R
10/21/97
12/31/01
IV
Reappointed
John A. Hammerschmidt
R
08/03/01
12/31/02
IV
Reappointed
John J. Goglia
I
05/24/00
12/31/03
IV
Reappointed
Vacant
12/31/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
John A. Hammerschmidt
R
Member
06/27/01
08/03/01
37
Marion Blakey
R
Member
06/29/01
Returned 08/03/01a
Marion Blakey
R
Chair
06/29/01
Returned 08/03/01a
Marion Blakey
R
Member
09/04/01
09/21/01
17b
Marion Blakey
R
Chair
09/04/01
09/21/01
17b
c
Richard F. Healing
Member
07/11/02
Returned 11/20/02d
Mean number of days to confirm a nomination
24
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
b If the number of days Blakey’s first (pre-recess) nominations were pending in the Senate were
included in these numbers, each would be 52, rather than 17. The mean number of days to
confirm a nomination for the agency would then be 47.
c Information not available.
d Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Richard A. Meserve
D
10/01/99
06/30/04
II
Chair
Greta J. Dicus
D
10/21/98
06/30/03
III
Reappointed
Edward McGaffigan
D
05/24/00
06/30/05
III
Reappointed
Nils J. Diaz
R
09/26/01
06/30/06
III
Reappointed
Jeffrey S. Merrifield
R
08/01/02
06/30/07
III
Reappointed
Hubert T. Bell, Jr.
na
06/11/96
Indefinite
IV
Inspector General
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Nils J. Diaz
R
Member
07/25/01
Returned 08/03/01a
Nils J. Diaz
R
Member
09/04/01
09/26/01
22b
Jeffrey S. Merrifield
R
Member
06/17/02
08/01/02
45
Mean number of days to confirm a nomination
34
na - not applicable.
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
b If the number of days Diaz’s first (pre-recess) nomination was pending in the Senate were included
in this number, it would be 31, rather than 22, and the mean number of days to confirm would
then be 38.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
W. Scott Railton
na
Recess Appt.
04/27/07
III
Chair
(08/06/02)
Thomasina V. Rogers
na
10/21/98
04/27/03
IV
James M. Stephens
na
11/14/02
04/27/05
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Ross E. Eisenbreya
na
Member
01/05/01
Withdrawn 03/19/01b
W. Scott Railton
na
Member
06/14/02
Returned 11/20/02c
W. Scott Railton
na
Member
Recess Appointment 08/06/02d
James M. Stephens
na
Member
09/10/02
11/14/02
65
W. Scott Railton
na
Member
09/30/02
Returned 11/20/02c
na - not applicable.
a On Jan. 3, 2001, Eisenbrey received a recess appointment, which expired at the end of the 107th
Congress, 1st session.
b The nomination was submitted by President Clinton and withdrawn by President Bush.
c Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
d Recess appointment expires at the end of the first session of the 108th Congress.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
George A. Omas
R
10/26/00
10/14/06
III
Chair
Dana B. Covington, Sr.
R
10/21/98
10/14/04
IV
Tony Hammond
R
11/12/02
11/22/04
IV
Vacant
10/14/06
IV
Ruth Y. Goldway
D
11/12/02
11/22/08
IV
Reappointed
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Tony Hammond
R
Commissioner
04/11/02
Returned 11/20/02a
Ruth Y. Goldway
D
Commissioner
08/01/02
11/12/02
71
Tony Hammond
R
Commissioner
Recess appointment 08/06/02b
Tony Hammond
R
Commissioner
09/30/02
11/12/02
43
Mean number of days to confirm a nomination
57
a Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
b Recess appointment expires at the end of the first session of the 108th Congress.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Cherryl T. Thomas
na
04/27/98
08/28/02
III
Chair
Jerome F. Kever
na
05/24/00
08/28/03
IV
Management
Member,
Reappointed
Virgil M. Speakman, Jr.
na
05/24/00
08/28/04
IV
Labor Member,
Reappointed
Martin J. Dickman
na
10/08/94
Indefinitea
IV
Inspector General
na - not applicable.
a The President may remove the incumbent at any time, provided notice of the reasons for the removal
is sent to Congress.
No Appointment Action in the 107th Congress
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Harvey Pitta
R
08/01/01
06/05/07
III
Chair
Paul S. Atkins
R
07/25/02
06/05/03
IV
Harvey J. Goldschmid
D
07/25/02
06/05/04
IV
Roel C. Campos
D
07/25/02
06/05/05
IV
Cynthia A. Glassman
R
07/25/02
06/05/06
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Harvey Pittb
R
Member
07/10/01
Withdrawn 07/18/01
Harvey Pittb
R
Member
07/18/01
08/01/01
14
Harvey Pittb
R
Member
07/18/01
08/01/01
14
Paul S. Atkins
R
Member
12/20/01
07/25/02
184
Cynthia A. Glassman
R
Member
12/20/01
07/25/02
184
Cynthia A. Glassman
R
Member
Recess Appointment 01/22/02c
Isaac C. Hunt, Jr.
D
Member
Recess Appointment 01/22/02c
Harvey J. Goldschmid
D
Member
05/23/02
07/25/02
63
Roel C. Campos
D
Member
07/16/02
07/25/02
9
Mean number of days to confirm a nomination
78
a Pitt resigned from office on November 5, 2002, with the provision that the resignation become
effective after a period of transition.
b Pitt’s first nomination, for the position with a term expiring in 2005, was withdrawn. He was then
nominated and confirmed for the position with a term expiring June 5, 2002 and for the
succeeding term in that position.
c The recess appointments of Glassman and Hunt expired at the end of the 107th Congress. By that
time, Glassman had been confirmed by the Senate, as noted above.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Roger P. Nober
R
11/14/02
12/31/05
III
Chair
Wayne O. Burkes
R
02/22/99
12/31/02
IV
Vice Chair
Linda J. Morgan
D
11/10/99
12/31/03
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Roger P. Nober
R
Member
07/18/02
11/14/02
87
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Glenn L. McCullough, Jr.
na
11/10/99
05/18/05
III
Chair
Skila Harris
na
11/10/99
05/18/08
IV
William Baxter
na
11/27/01
05/18/11
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
William Baxtera
na
Member
09/19/01
11/27/01
69
William Baxtera
na
Member
09/19/01
11/27/01
69
Mean number of days to confirm a nomination
69
na - not applicable.
a Baxter was nominated and confirmed for a position with a term expiring May 18, 2002, and for the
succeeding term in that position.
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
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Deanna T. Okun
R
11/19/99
06/16/08
III
Chaira
Jennifer A. Hillman
D
07/30/98
12/16/06
IV
Vice Chaira
Lynn M. Bragg
R
03/25/94
06/16/02
IV
Marcia E. Miller
D
06/26/96
12/16/03
IV
Stephen Koplan
D
07/30/98
06/16/05
IV
Vacant
12/05/09
IV
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Dennis M. Devaneyb
R
Member
01/05/01
Withdrawn 03/19/01c
Charlotte A. Lane
R
Member
06/07/02
Returned 11/20/02d
Daniel Pearson
R
Member
11/14/02
Returned 11/20/02d
a The chair and vice chair terms expire on June 16, 2004.
b On Jan. 3, 2001, Devaney received a recess appointment, which expired at the end of the 107th
Congress, 1st session.
c The nomination was submitted by President Clinton and withdrawn by President Bush.
d Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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. Since 1998, the Attorney General has been required to make an annual report
to Congress 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)
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
Edward F. Reilly
na
08/12/91
08/14/98
IV
Chair
John R. Simpson
na
04/10/92
08/21/98
V
Michael J. Gaines
na
09/28/94
12/30/99
V
a
Vacant
V
a
Vacant
V
Appointment Action in the 107th Congress
Date
Date
Days to
Nominee
Party
Position
nominated
confirmed
confirm
Timothy E. Jones, Sr.c
na
Commissioner
01/05/01
Withdrawn 03/19/01d
Cranston J. Mitchell
na
Commissioner
07/31/01
Returned 08/03/01b
Edward F. Reilly
na
Commissioner
07/31/01
Returned 08/03/01b
Marie F. Ragghianti
na
Commissioner
07/31/01
Returned 08/03/01b
Gilbert G. Gallegos
na
Commissioner
07/31/01
Returned 08/03/01b
Edward F. Reilly
na
Commissioner
09/25/01
Returned 11/20/02e
Cranston J. Mitchell
na
Commissioner
09/25/01
Returned 11/20/02e
na - not applicable.
a The future of this commission and, consequently, the terms of these positions are unclear.
b Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
c On Dec. 29, 2000, Jones received a recess appointment, which expired at the end of the107th
Congress, 1st session.
d The nomination was submitted by President Clinton and withdrawn by President Bush.
e Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.
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 officio. (28 U.S.C. 991(a))
Current Membership
Date
Term
Pay
Incumbent
Party
confirmed
expires
level
Comments
a
Diana E. Murphy
11/10/99
10/31/05
na
Chair
a
Ruben Castillo
11/10/99
10/31/03
na
Vice Chair
a
William Sessions III
11/10/99
10/31/03
na
Vice Chair
a
John R. Steer
11/10/99
10/31/05
na
Vice Chair
a Although party balance is statutorily required as discussed above, the commission staff does not
collect this information.
No Appointment Action in the 107th Congress
CRS-44
Appendix A. Nominees and Appointees, 107th
Congress
Nominee
Agencya
Nomination
Confirmation
Days to
date
date
confirm
Kathleen Q. Abernathy
FCC
04/30/01
Withdrawn 05/01/01
Kathleen Q. Abernathy
FCC
05/01/01
05/25/01
24
R. Alexander Acosta
NLRB
10/09/01
Returned 11/20/02
R. Alexander Acosta
NLRB
02/28/02
11/14/02
227
Jonathan S. Adelstein
FCC
07/10/02
11/14/02
95
Eduardo Aguirre, Jr.
EXIMBANK
05/22/01
Returned 08/03/01
Eduardo Aguirre, Jr.
EXIMBANK
09/04/01
12/20/01
107
Tony Armendariz
FLRA
04/30/01
07/11/01
72
Paul S. Atkins
SEC
12/20/01
07/25/02
184
Geoff Bacino
NCUA
01/05/01
Withdrawn 03/19/01
Michael Bartlett
NLRB
Recess appointment 01/22/02
Robert J. Battista
NLRB
06/13/02
Withdrawn 10/04/02
Robert J. Battista
NLRB
10/04/02
11/14/02
41
William Baxter
TVA
09/19/01
11/27/01
69
William Baxter
TVA
09/19/01
11/27/01
69
Ben S. Bernanke
FRS
07/11/02
07/31/02
20
Susan S. Bies
FRS
08/03/01
Returned 08/03/01
Susan S. Bies
FRS
09/04/01
12/06/01
93
Marion Blakey (Member)
NTSB
06/29/01
Returned 08/03/01
Marion Blakey (Chair)
NTSB
06/29/01
Returned 08/03/01
Marion Blakey (Member)
NTSB
09/04/01
09/21/01
17
Marion Blakey (Chair)
NTSB
09/04/01
09/21/01
17
Steven R. Blust
FMC
03/14/02
08/01/02
140
Shirlee Bowne
FHFB
09/14/01
Withdrawn 11/15/01
John S. Bresland
CSHIB
06/17/02
08/01/02
45
Sharon Brown-Hruska
CFTC
04/09/02
08/01/02
114
Nora M. Brownell
FERC
04/30/01
05/25/01
25
Nora M. Brownell
FERC
04/30/01
05/25/01
25
Dale Cabaniss
FLRA
09/03/02
Returned 11/20/02
Roel C. Campos
SEC
07/16/02
07/25/02
9
Michael J. Copps
FCC
04/30/01
Withdrawn 05/01/01
Michael J. Copps
FCC
05/01/01
05/25/01
24
William Cowen
NLRB
Recess appointment 01/22/02
CRS-45
Nominee
Agencya
Nomination
Confirmation
Days to
date
date
confirm
Dennis M. Devaney
USITC
01/05/01
Withdrawn 03/19/01
Nils J. Diaz
NRC
07/25/01
Returned 08/03/01
Nils J. Diaz
NRC
09/04/01
09/26/01
22
Cari M. Dominguez
EEOC
05/10/01
Returned 08/03/01
Cari M. Dominguez
EEOC
05/10/01
07/19/01
70
Michael F. Duffy
FMSHRC
04/22/02
11/19/02
179
Michael V. Dunn
FCA
01/05/01
Withdrawn 03/19/01
Rebecca Dye
FMC
06/13/02
11/14/02
122
Naomi C. Earp
EEOC
11/27/01
Returned 11/20/02
Peter Eide
FLRA
06/28/02
Returned 11/20/02
Ross E. Eisenbrey
OSHRC
01/05/01
Withdrawn 03/19/01
Roger W. Ferguson, Jr.
FRS
04/23/01
07/19/01
87
Edward J. Fitzmaurice, Jr.
NMB
11/09/01
08/01/02
232
Douglas L. Flory
FCA
05/13/02
08/01/02
80
Diana E. Furchtgott-Roth
FHFB
05/23/02
Returned 11/20/02
Mary S. Gall
CPSC
05/08/01
Returned 08/03/01
Gilbert G. Gallegos
USPC
07/31/01
Returned 08/03/01
Cynthia A. Glassman
SEC
12/20/01
07/25/02
184
Cynthia A. Glassman
SEC
Recess appointment 01/22/02
Harvey J. Goldschmid
SEC
05/23/02
07/25/02
63
Ruth Y. Goldway
PRC
08/01/02
11/12/02
71
J. Joseph Grandmaison
EXIMBANK
11/29/01
12/20/01
21
John A. Hammerschmidt
NTSB
06/27/01
08/03/01
37
Tony Hammond
PRC
04/11/02
Returned 11/20/02
Tony Hammond
PRC
Recess appointment 08/06/02
Tony Hammond
PRC
09/30/02
11/12/02
43
Richard F. Healing
NTSB
07/11/02
Returned 11/20/02
James J. Hoecker
FERC
01/05/01
Withdrawn 03/19/01
Harry R. Hoglander
NMB
07/09/02
08/01/02
23
Isaac C. Hunt, Jr.
SEC
Recess appointment 01/22/02
Peter J. Hurtgen
NLRB
Recess appointment 08/31/01
JoAnn Johnson
NCUA
11/27/01
03/22/02
82
JoAnn Johnson
NCUA
Recess appointment 01/22/02
CRS-46
Nominee
Agencya
Nomination
Confirmation
Days to
date
date
confirm
Timothy E. Jones, Sr.
USPC
01/05/01
Withdrawn 03/19/01
Joseph T. Kelliher
FERC
05/02/02
Returned 11/20/02
Donald L. Kohn
FRS
07/11/02
07/31/02
20
John T. Korsmo
FHFB
10/09/01
11/29/01
51
John T. Korsmo
FHFB
10/09/01
11/29/01
51
John R. Lacey
FCSC
01/05/01
Withdrawn 03/19/01
Charlotte A. Lane
USITC
06/07/02
Returned 11/20/02
Franz S. Leichter
FHFB
11/07/01
11/29/01
22
Wilma B. Liebman
NLRB
10/04/02
11/14/02
41
Walter Lukken
CFTC
04/16/02
08/01/02
107
John E. Mansfield
DNFSB
05/08/02
08/01/02
85
Susanne T. Marshall
MSPB
05/13/02
Returned 11/20/02
Susanne T. Marshall
MSPB
Recess appointment 08/06/02
Susanne T. Marshall
MSPB
09/30/02
Returned 11/20/02
Kevin J. Martin
FCC
04/30/01
05/25/01
25
R. Bruce Matthews
DNFSB
05/08/02
Returned 11/20/02
Deborah Matz
NCUA
Recess appointment 01/22/02
Deborah Matz
NCUA
02/27/02
03/22/02
23
Neil McPhie
MSPB
07/09/02
Returned 11/20/02
Allan I. Mendelowitz
FHFB
01/05/01
Withdrawn 03/19/01
Allan I. Mendelowitz
FHFB
11/07/01
11/29/01
22
Jeffrey S. Merrifield
NRC
06/17/02
08/01/02
45
Philip Merrill
EXIMBANK
09/30/02
11/14/02
45
Carolyn W. Merritt (Member)
CSHIB
06/05/02
08/01/02
57
Carolyn W. Merritt (Chair)
CSHIB
06/05/02
08/01/02
57
Cranston J. Mitchell
USPC
07/31/01
Returned 08/03/01
Cranston J. Mitchell
USPC
09/25/01
Returned 11/20/02
Timothy J. Muris
FTC
04/23/01
05/25/01
32
Timothy J. Muris
FTC
04/25/01
05/25/01
30
Susan Ness
FCC
01/05/01
Withdrawn 03/19/01
James E. Newsome
CFTC
10/31/01
12/20/01
50
(Commissioner)
James E. Newsome (Chair)
CFTC
10/31/01
12/20/01
50
Roger P. Nober
STB
07/18/02
11/14/02
87
CRS-47
Nominee
Agencya
Nomination
Confirmation
Days to
date
date
confirm
Mark W. Olson
FRS
08/03/01
Returned 08/03/01
Mark W. Olson
FRS
09/04/01
12/06/01
93
Daniel Pearson
USITC
11/14/02
Returned 11/20/02
Nancy C. Pellett
FCA
06/14/02
11/14/02
121
Harvey Pitt
SEC
07/10/01
Withdrawn 07/18/01
Harvey Pitt
SEC
07/18/01
08/01/01
14
Harvey Pitt
SEC
07/18/01
08/01/01
14
Donald E. Powell (Member)
FDIC
05/22/01
07/12/01
51
Donald E. Powell (Chair)
FDIC
05/22/01
07/12/01
51
Michael K. Powell
FCC
05/10/01
05/25/01
15
Marie F. Ragghianti
USPC
07/31/01
Returned 08/03/01
W. Scott Railton
OSHRC
06/14/02
Returned 11/20/02
W. Scott Railton
OSHRC
Recess appointment 08/06/02
W. Scott Railton
OSHRC
09/30/02
Returned 11/20/02
John M. Reich
FDIC
07/11/02
11/12/02
92
Edward F. Reilly
USPC
07/31/01
Returned 08/03/01
Edward F. Reilly
USPC
09/25/01
Returned 11/20/02
Stuart D. Rick
MSPB
04/09/02
Withdrawn 07/10/02
John E. Robson
EXIMBANK
04/30/01
05/17/01
17
Arthur F. Rosenfeld
NLRB
05/24/01
05/26/01
2
Barbara J. Sapin
MSPB
01/05/01
Withdrawn 03/19/01
Peter Schaumber
NLRB
05/23/02
11/14/02
143
Leslie Silverman
EEOC
02/11/02
03/01/02
18
Beth S. Slavet
MSPB
01/05/01
Withdrawn 03/19/01
James M. Stephens
Member
09/10/02
11/14/02
65
Harold D. Stratton (Commissioner) CPSC
03/13/02
07/25/02
134
Harold D. Stratton (Chair)
CPSC
03/13/02
07/25/02
134
Stanley C. Suboleski
FMSHRC
03/22/02
Returned 11/20/02
Mauricio J. Tamargo
FCSC
07/12/01
Returned 08/03/01
Mauricio J. Tamargo
FCSC
09/04/01
01/25/02
110
Michael E. Toner
FEC
03/04/02
Returned 11/20/02
Michael E. Toner
FEC
Recess appointment 03/29/02
Michael E. Toner
FEC
05/16/02
Returned 11/20/02
CRS-48
Nominee
Agencya
Nomination
Confirmation
Days to
date
date
confirm
Dennis P. Walsh
NLRB
01/05/01
Withdrawn 03/19/01
Dennis P. Walsh
NLRB
11/07/01
11/14/02
307
Ellen L. Weintraub
FEC
11/19/02
Returned 11/20/02
Ellen L. Weintraub
FEC
Recess Appointment 12/06/02
Patrick H. Wood
FERC
04/30/01
05/25/01
25
Mean number of days to confirmb
70
Median number of days to confirmb
51
a The key to agency acronyms is found in Appendix C.
b All pending nominations were returned to the President prior to the August 2001 recess, and new
nominations were submitted for most of the affected nominees in early September. If the pre-
recess days during which a nominee was under consideration in the Senate were included for all
confirmed nominees, the mean number of days to confirm would be 72 and the median would
be 52. Please see page 2 of this report regarding the calculation of this number.
CRS-49
Appendix B. Appointment Action, 107th Congress
Incumbent
Positions
Returned Returned at
Recess
serving;
to which
at Aug.
the end of
appoint-
Total
Vacanta
term
Nominations
Individual
nominations
2001
the 107th
ments
Agency
Positions
positions
expireda
submitted
nominees
were madeb
Confirmations
recess
Congress
Withdrawn
(Bush)
CSHIB
5
3
2
3*
3
CFTC
5
1
1
4
3
4*
4
CPSC
3
3
2
3*
2
1
DNFSB
5
2
1
2
2
2
1
1
EEOC
6
3
4
3
3
2
1
1
EXIMBANK
5
5
4
3
4
1
FCA
3
3
3
2
2
1
FCC
5
8
6
5
5
3
FDIC
4
1
3
2
3*
3
FEC
6
3
2
2
3
2
FERC
5
2
5
4
3
3
1
1
FHFB
4
1
7
5
4
4
1
2
FLRA
4
1
1
3
3
3
1
2
FMC
5
1
2
2
2
2
FMSHRC
5
3
2
2
2
1
1
FRS
7
7
5
5
5
2
FTC
5
1
2
1
1
2
FCSC
1
3
2
1
1
1
1
MSPB
3
1
1
6
5
3*
0
3
3
1
NCUA
3
3
3
2
2
1
2
NLRB
6
9
6c
6
6
1
2
3
NMB
3
2
2
2
2
CRS-50
Incumbent
Positions
Returned Returned at
Recess
serving;
to which
at Aug.
the end of
appoint-
Total
Vacanta
term
Nominations
Individual
nominations
2001
the 107th
ments
Agency
Positions
positions
expireda
submitted
nominees
were madeb
Confirmations
recess
Congress
Withdrawn
(Bush)
NTSB
5
1
2
6
3
4*
3
2
1
NRC
6
3
2
2
2
1
OSHRC
3
4
3
2
1
2
1
1
PRC
5
1
3
2
2
2
1
1
RRB
4
1
SEC
5
7
6
5
6
1
2
STB
3
1
1
1
1
1
TVA
3
2
1
1
2
USITC
6
1
3
3
2
2
1
USPC
5
2
3
7
5
4
4
2
1
USSC
4
TOTALS
147
19
14
125
95c
87
72
13
22
18
12
a As of Jan. 3, 2003.
b This column counts, as two nominations for one individual, separate nominations for member (or commissioner) and chair. Such instances have been identified by asterisk. The
column does not count multiple nominations to one position for successive terms.
c This figure does not include three recess appointees who were not nominated to Senate-confirmed positions during the 107th Congress.
* See table note b.
CRS-51
Appendix C. Senate Recessesa for the 107th
Congress
Date recessed
Date reconvened
Number of days
recessedb
The first session of 107th Congress convened on 01/03/01.
01/08/01
01/20/01
11
02/15/01
02/26/01
10
04/06/01
04/23/01
16
05/26/01
06/05/01
9
06/29/01
07/09/01
9
08/03/01
09/04/01
31
10/18/01
10/23/01
4
11/16/01
11/27/01
10
The Senate adjourned sine die on 12/20/01. The second session of 107th Congress
convened 01/23/02. The intersession (period between these two dates) was 33 days
long.
01/29/02
02/04/02
5
02/15/02
02/25/02
9
03/22/02
04/08/02
16
05/23/02
06/03/02
10
06/28/02
07/08/02
9
08/01/02
09/03/02
32
The Senate adjourned sine die on 11/20/02. The first session of the 108th Congress
convened on 01/07/03. The intersession (period between these two dates) was 47
days long.
a Includes all recesses of four days or longer as indicated in the Senate “Days-in-Session Calendars”
Web site at [http://thomas.loc.gov/home/ds/index.html#senate], visited Feb. 3, 2002.
b In this table, the number of days recessed includes all those days between the date recessed and the
date reconvened.
CRS-52
Appendix D. Agency Abbreviations
CSHIB
Chemical Safety and Hazard Investigation Board
CFTC
Commodity Futures Trading Commission
CPSC
Consumer Product Safety Commission
DNFSB
Defense Nuclear Facilities Safety Board
EEOC
Equal Employment Opportunity Commission
EXIMBANK
Export-Import Bank
FCA
Farm Credit Administration
FCC
Federal Communications Commission
FDIC
Federal Deposit Insurance Corporation, Board of
Directors
FEC
Federal Election Commission
FERC
Federal Energy Regulatory Commission
FHFB
Federal Housing Finance Board
FLRA
Federal Labor Relations Authority
FMC
Federal Maritime Commission
FMSHRC
Federal Mine Safety and Health Review Commission
FRS
Federal Reserve System, Board of Governors
FTC
Federal Trade Commission
FCSC
Foreign Claims Settlement Commission
MSPB
Merit Systems Protection Board
NCUA
National Credit Union Administration, Board of Directors
NLRB
National Labor Relations Board
NMB
National Mediation Board
NTSB
National Transportation Safety Board
NRC
Nuclear Regulatory Commission
OSHRC
Occupational Safety and Health Review Commission
PRC
Postal Rate Commission
RRB
Railroad Retirement Board
SEC
Securities and Exchange Commission
STB
Surface Transportation Board
TVA
Tennessee Valley Authority
USITC
United States International Trade Commission
USPC
United States Parole Commission
USSC
United States Sentencing Commission
EveryCRSReport.com
The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the
Library of Congress, charged with providing the United States Congress non-partisan advice on
issues that may come before Congress.
EveryCRSReport.com republishes CRS reports that are available to al Congressional staff. The
reports are not classified, and Members of Congress routinely make individual reports available to
the public.
Prior to our republication, we redacted names, phone numbers and email addresses of analysts
who produced the reports. We also added this page to the report. We have not intentional y made
any other changes to any report published on EveryCRSReport.com.
CRS reports, as a work of the United States government, are not subject to copyright protection in
the United States. Any CRS report may be reproduced and distributed in its entirety without
permission from CRS. However, as a CRS report may include copyrighted images or material from a
third party, you may need to obtain permission of the copyright holder if you wish to copy or
otherwise use copyrighted material.
Information in a CRS report should not be relied upon for purposes other than public
understanding of information that has been provided by CRS to members of Congress in
connection with CRS' institutional role.
EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim
copyright on any CRS report we have republished.