Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 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 President Clinton submitted 12 of these nominations before he left office on January 20, 2001, and these 12 were withdrawn by President Bush on March 19, 2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6 were withdrawn, and 35 were returned to him (13 at the August 2001 recess and 22 at the end of the Congress).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(pdf) , Presidential Appointments to Full-Time Positions in Executive Departments During the 107th Congress, 2001-2002 , by Henry B. Hogue; and CRS Report RL31435(pdf) , Presidential Appointments to Full-Time Positions in Independent and Other Agencies During the 107th Congress , by Henry B. Hogue. This report will not be updated.

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 redactedAnalyst 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. 1 This 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. 2 This 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 Nominations submitted to the Senate Nominations confirmed by the Senate Individual nominees Positions to which nominations were made Nominations returned at the August 2001 recess Nominations returned at the the end of the 107th Congress Nominations submitted by Clinton, withdrawn by Bush Nominations submitted and withdrawn by Bush Intersession recess appointments between 106th and 107th Congresses (Clinton) Intrasession recess appointments Intersession recess appointments 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 3 U.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. 147 125 72 95 87 13 22 12 6 12 5 7 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 4 See 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. 5 In 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 6 A 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 7 P.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). 8 5 U.S.C. 3349c. 9 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 10 CRS 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. 11 12 Art. II, Sec. 2, Cl. 3 of the Constitution. For 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 historyand 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). 13 P.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. 14 Exceptions 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 15 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. 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 cabinetlevel 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 renominated 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, 16 These 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 Party Date confirmed Term expires Pay 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 John S. Bresland na 08/01/02 08/01/07 IV Incumbent Reappointed Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee Mean number of days to confirm a nomination na - not applicable. 53 CRS-12 Commodity Futures Trading Commission (CFTC) The CFTC consists of five members (no more than three may be from the same political party) who serve five-year terms. At the end of a term, a member may remain in office until the end of the next session of Congress. The chair is also appointed by the President, with the advice and consent of the Senate. (7 U.S.C. 4a) Current Membership Party Date confirmed Term expires Pay level 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 04/13/03 IV Incumbent Vacant Sharon Brown-Hruska R 08/01/02 04/13/04 IV Walter L. Lukken R 08/01/02 04/13/05 IV Comments Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 BrownHruska R Commissioner 04/09/02 08/01/02 114 Walter L. Lukken R Commissioner 04/16/02 08/01/02 107 Nominee 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Mary S. Gall R Chair 05/08/01 Harold D. Stratton R Commissioner 03/13/02 07/25/02 134 Harold D. Stratton R Chair 03/13/02 07/25/02 134 Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm Returned 08/03/01b 134 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). bc 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 Party Date confirmed Term expires Pay 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 10/18/06 III Incumbent John E. Mansfield R 08/01/02 Reappointed Appointment Action in the 107th Congress Nominee John E. Mansfield R. Bruce Matthews a b Party Position Date nominated Date confirmed Days to confirm R Member 05/08/02 08/01/02 85 Member 05/08/02 a Returned 11/20/02b Information not available. 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 Party Date confirmed Term expires Pay 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 Vacant 07/01/05 IV Vacant 07/01/07 IV 4 years V Incumbent Vacant na Reappointed General Counsel Appointment Action in the 107th Congress Party Position Date nominated Cari M. Dominguez R Member 05/10/01 Cari M. Dominguez R Member 05/10/01 Naomi C. Earp R Member 11/27/01 Leslie Silverman R Member 02/11/02 Nominee Mean number of days to confirm a nomination Date confirmed Days to confirm Returned 08/03/01a 07/19/01 70 Returned 11/20/02b 03/01/02 18 44 na - not applicable. 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. a CRS-16 Export-Import Bank (EXIMBANK) The EXIMBANK consists of five members (no more than three may be from the same political party) who serve four-year terms. An incumbent whose term has expired may continue to serve (1) until a successor is appointed, or (2) until six months pass after the term expires — whichever occurs earlier. The chair, who is the president of the bank, is also appointed by the President, with the advice and consent of the Senate. (12 U.S.C. 635a) Current Membership Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to confirm John E. Robson R Chair 04/30/01 05/17/01 17 Eduardo Aguirre, Jr. R Vice Chair 05/22/01 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 Nominee Mean number of days to confirm a nomination a Returned 08/03/01a 48 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Michael V. Dunna D Member 01/05/01 Douglass L. Flory R Member 05/13/02 08/01/02 80 Nancy C. Pellett R Member 06/14/02 11/14/02 121 Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm Withdrawn 03/19/01b 101 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 Party Date confirmed Term expires Pay level Michael K. Powell R 05/25/01 06/30/07 III 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 Incumbent Comments Reappointed, Chair Appointment Action in the 107th Congress Party Position Date nominated 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 Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm 37 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 Party Date confirmed Term expires Pay 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 Six years from appt. IV Incumbent Vacant James Gilleran na Office of Thrift Supervision, Director Ex officio John D. Hawke Jr. na Comptroller of the Currency Ex officio Gaston L. Gianni, Jr. na 03/29/96 Indefiniteb IV Inspector General Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee Mean number of days to confirm a nomination 65 na - not applicable. 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. a 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 Incumbent Party Date confirmed Term expires Pay level Comments Ellen L. Weintraub D Recess appt. (12/06/02) 04/30/07 III Chair 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. (03/29/02) 04/30/07 IV Appointment Action in the 107th Congress Party Position Date nominated Michael E. Toner R Member 03/04/02 Michael E. Toner R Member 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 Nominee a Date confirmed Days to confirm Returned 11/20/02a Recess appointment 03/29/02b Recess appointment 12/06/02c 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 Party Date confirmed Term expires Pay 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 06/30/04 IV 06/30/06 IV 06/30/07 IV Incumbent Vacant Nora M. Brownell R 05/25/01 Vacant Reappointed Appointment Action in the 107th Congress Party Position Date nominated James J. Hoeckera D Member 01/05/01 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 Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm Withdrawn 03/19/01b Returned 11/20/02d 25 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 Party Date confirmed Term expires Pay level John T. Korsmo R 11/29/01 02/27/09 III 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 a na Incumbent John C. Weicher na Designee Comments Chair, reappointed Ex Officio Appointment Action in the 107th Congress Party Position Date nominated Allan I. Mendelowitzb D Director 01/05/01 Withdrawn 03/19/01c Shirlee Bowne Nominee Date confirmed Days to confirm R Director 09/14/01 Withdrawn 11/15/01 d 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 John T. Korsmo Mean number of days to confirm a nomination Returned 11/20/02e 37 na - not applicable. 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. a CRS-23 Federal Labor Relations Authority (FLRA) The FLRA consists of three members (no more than two may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until the end of the next Congress. The President designates the chair. The general counsel is also appointed by the President, subject to the advice and consent of the Senate. (5 U.S.C. 7104) Current Membership Party Date confirmed Term expires Pay 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 Vacant na Incumbent a V General Counsel Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee 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 Party Date confirmed Term expires Pay 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 Rebecca Dye R 11/14/02 06/30/05 IV Incumbent Reappointed Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to confirm Steven R. Blust R Commissioner 03/14/02 08/01/02 140 Rebecca Dye R Commissioner 06/13/02 11/14/02 122 Nominee 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 Party Date confirmed Term expires Pay level 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 Incumbent Comments Appointment Action in the 107th Congress Party Position Date nominated Stanley C. Suboleski na Member 03/22/02 Michael F. Duffy na Member 04/22/02 Nominee Date confirmed Days to confirm Returned 11/20/02b 11/19/02 179 na - not applicable. 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. a 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee Mean number of days to confirm a nomination a 31 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 Incumbent Party Date confirmed Mauricio J. Tamargo na 01/25/02 Term expires 09/30/03 Pay level Comments V Chair Appointment Action in the 107th Congress Party Position Date nominated 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 Nominee Date confirmed 01/25/02 Days to confirm 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 Party Date confirmed Term expires Pay level Susanne T. Marshall R 11/09/97 03/01/04 III Beth S. Slaveta D 08/11/95 03/01/02 IV 03/01/07 IV Incumbent Vacant Comments Confirmed as member, recess appointed as chair Appointment Action in the 107th Congress Party Position Date nominated 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 Susanne T. Marshall R Chair Nominee a Date confirmed Days to confirm Recess appointment 08/06/02e 09/30/02 Returned 11/20/02d 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Geoff Bacinob D Member 01/05/01 JoAnn Johnson R Member 11/27/01 JoAnn Johnson R Member Recess Appointment 01/22/02d Deborah Matz D Member Recess Appointment 01/22/02d Deborah Matz D Member Nominee 02/27/02 Mean number of days to confirm a nomination a Date confirmed Days to confirm Withdrawn 03/19/01c 03/22/02 03/22/02 82 23 53 No vice chair has been designated. 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. b CRS-31 National Labor Relations Board (NLRB) The NLRB consists of five members who serve five-year terms. Political balance is not required, but, by tradition, no more than three members are from the same political party. When a term expires, the member must leave office. The President designates the chair. The President also appoints the general counsel, subject to the advice and consent of the Senate. (29 U.S.C. 153) Current Membership Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Dennis P. Walshc D Member 01/05/01 Withdrawn 03/19/01d Arthur F. Rosenfeld R General Counsel 05/24/01 05/26/01 Nominee Date confirmed Days to confirm 2 Peter J. Hurtgen R Member R. Alexander Acosta R Member 10/09/01 Dennis P. Walsh D Member 11/07/01 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 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 a Recess Appointment 08/31/01 c Returned 11/20/02 11/14/02 307 Withdrawn 10/04/02 127 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Nominee 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 Party Date confirmed Term expires Pay 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 12/31/05 IV Incumbent Vacant Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to 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 Member 07/11/02 Nominee Richard F. Healing c Mean number of days to confirm a nomination a Returned 11/20/02d 24 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Nils J. Diaz R Member 07/25/01 Nils J. Diaz R Member 09/04/01 09/26/01 22b Jeffrey S. Merrifield R Member 06/17/02 08/01/02 45 Nominee Mean number of days to confirm a nomination Date confirmed Days to confirm Returned 08/03/01a 34 na - not applicable. 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. a 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 Incumbent Party Date confirmed Term expires Pay level Comments Chair W. Scott Railton na Recess Appt. (08/06/02) 04/27/07 III 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 Party Position Date nominated 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 James M. Stephens na Member 09/10/02 W. Scott Railton na Member 09/30/02 Nominee Date confirmed Days to confirm Recess Appointment 08/06/02d 11/14/02 65 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 Party Date confirmed Term expires Pay 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 10/14/06 IV 11/22/08 IV Incumbent Vacant Ruth Y. Goldway D 11/12/02 Reappointed Appointment Action in the 107th Congress Party Position Date nominated Tony Hammond R Commissioner 04/11/02 Ruth Y. Goldway D Commissioner 08/01/02 Tony Hammond R Commissioner Tony Hammond R Commissioner Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm Returned 11/20/02a 11/12/02 71 Recess appointment 08/06/02b 09/30/02 11/12/02 43 57 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 Party Date confirmed Term expires Pay 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 Incumbent na - not applicable. The President may remove the incumbent at any time, provided notice of the reasons for the removal is sent to Congress. a 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 Incumbent Party Date confirmed Term expires Pay 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 Party Position Date nominated Harvey Pittb R Member 07/10/01 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 Nominee Mean number of days to confirm a nomination a Date confirmed Days to confirm Withdrawn 07/18/01 78 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 fiveyear terms. When a term expires, the member may continue to serve until a successor takes office, but not for more than one year after expiration. The President designates the chair. (49 U.S.C. 701) Current Membership Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Nominee Roger P. Nober Party Position Date nominated Date confirmed Days to confirm 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 Party Date confirmed Term expires Pay 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 Incumbent Appointment Action in the 107th Congress Party Position Date nominated Date confirmed Days to confirm William Baxtera na Member 09/19/01 11/27/01 69 William Baxtera na Member 09/19/01 11/27/01 69 Nominee Mean number of days to confirm a nomination 69 na - not applicable. Baxter was nominated and confirmed for a position with a term expiring May 18, 2002, and for the succeeding term in that position. a CRS-41 United States International Trade Commission (USITC) The USITC consists of six members (no more than three may be from the same political party) who serve nine-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair for two-year terms of office, but they may neither belong to the same political party nor be the two most recently appointed members of the commission. A new chair may not belong to the same political party as the chair being replaced, unless the replacement is to complete an unexpired term. (19 U.S.C. 1330) Current Membership Party Date confirmed Term expires Pay 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 12/05/09 IV Incumbent Vacant Appointment Action in the 107th Congress Party Position Date nominated 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 Nominee a Date confirmed Days to confirm The chair and vice chair terms expire on June 16, 2004. 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. b 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 Party Date confirmed Term expires Pay level Edward F. Reilly na 08/12/91 08/14/98 IV John R. Simpson na 04/10/92 08/21/98 V Michael J. Gaines na 09/28/94 12/30/99 V Incumbent a Vacant a Vacant Comments Chair V V Appointment Action in the 107th Congress Party Position Date nominated 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 Nominee Date confirmed Days to confirm 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 Incumbent Party Diana E. Murphy Ruben Castillo William Sessions III John R. Steer a a a a a Date confirmed Term expires Pay level Comments 11/10/99 10/31/05 na Chair 11/10/99 10/31/03 na Vice Chair 11/10/99 10/31/03 na Vice Chair 11/10/99 10/31/05 na Vice Chair 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 Kathleen Q. Abernathy FCC 04/30/01 Withdrawn 05/01/01 Kathleen Q. Abernathy FCC 05/01/01 05/25/01 R. Alexander Acosta NLRB 10/09/01 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 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 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 Susan S. Bies FRS 09/04/01 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 Roel C. Campos SEC 07/16/02 07/25/02 Michael J. Copps FCC 04/30/01 Withdrawn 05/01/01 Michael J. Copps FCC 05/01/01 05/25/01 William Cowen NLRB Nomination date Confirmation date Days to confirm 24 Returned 11/20/02 Returned 08/03/01 Recess appointment 01/22/02 Returned 08/03/01 12/06/01 93 Returned 11/20/02 Recess appointment 01/22/02 9 24 CRS-45 Nominee Agencya Nomination date 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 Cari M. Dominguez EEOC 05/10/01 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 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 Cynthia A. Glassman SEC 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 Tony Hammond PRC Tony Hammond PRC 09/30/02 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 Isaac C. Hunt, Jr. SEC Recess appointment 01/22/02 Peter J. Hurtgen NLRB Recess appointment 08/31/01 JoAnn Johnson NCUA JoAnn Johnson NCUA Confirmation date Days to confirm 09/26/01 22 Returned 08/03/01 07/25/02 122 184 Recess appointment 01/22/02 Returned 11/20/02 Recess appointment 08/06/02 11/27/01 11/12/02 03/22/02 Recess appointment 01/22/02 43 23 82 CRS-46 Nominee Agencya 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 Susanne T. Marshall MSPB Susanne T. Marshall MSPB 09/30/02 Kevin J. Martin FCC 04/30/01 R. Bruce Matthews DNFSB 05/08/02 Deborah Matz NCUA Deborah Matz NCUA 02/27/02 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 (Commissioner) CFTC 10/31/01 12/20/01 50 James E. Newsome (Chair) CFTC 10/31/01 12/20/01 50 Roger P. Nober STB 07/18/02 11/14/02 87 Nomination date Confirmation date Days to confirm Returned 11/20/02 Recess appointment 08/06/02 Returned 11/20/02 05/25/01 25 Returned 11/20/02 Recess appointment 01/22/02 03/22/02 23 CRS-47 Nominee Agencya Mark W. Olson FRS 08/03/01 Mark W. Olson FRS 09/04/01 Daniel Pearson USITC 11/14/02 Nancy C. Pellett FCA 06/14/02 11/14/02 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 W. Scott Railton OSHRC 09/30/02 John M. Reich FDIC 07/11/02 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 Michael E. Toner FEC 03/04/02 Michael E. Toner FEC Michael E. Toner FEC Nomination date Confirmation date Days to confirm Returned 08/03/01 12/06/01 93 Returned 11/20/02 121 Recess appointment 08/06/02 Returned 11/20/02 11/12/02 01/25/02 92 110 Returned 11/20/02 Recess appointment 03/29/02 05/16/02 Returned 11/20/02 CRS-48 Nominee Agencya Dennis P. Walsh NLRB 01/05/01 Withdrawn 03/19/01 Dennis P. Walsh NLRB 11/07/01 11/14/02 Ellen L. Weintraub FEC 11/19/02 Ellen L. Weintraub FEC Patrick H. Wood FERC b b Median number of days to confirm b Confirmation date Days to confirm 307 Returned 11/20/02 Recess Appointment 12/06/02 04/30/01 05/25/01 25 70 Mean number of days to confirm a Nomination date 51 The key to agency acronyms is found in Appendix C. 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 prerecess 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 Nominations submitted Individual nominees Positions to which nominations were madeb 3 2 3* 3 4 3 4* 4 3 2 3* 2 2 2 2 1 4 3 3 2 1 5 5 4 3 4 1 FCA 3 3 3 2 2 1 FCC 5 8 6 5 5 3 FDIC 4 3 2 3* 3 FEC 6 3 2 2 FERC 5 5 4 3 3 1 1 FHFB 4 1 7 5 4 4 1 2 FLRA 4 1 3 3 3 1 2 FMC 5 1 2 2 2 2 FMSHRC 5 2 2 2 1 FRS 7 7 5 5 5 FTC 5 2 1 1 2 FCSC 1 3 2 1 1 MSPB 3 6 5 3* 0 NCUA 3 3 3 2 2 c 6 6 2 2 Vacanta positions Agency Total Positions CSHIB 5 CFTC 5 CPSC 3 DNFSB 5 2 EEOC 6 3 EXIMBANK 1 Incumbent serving; term expireda 1 1 1 2 1 3 1 1 1 NLRB 6 9 6 NMB 3 2 2 Returned Returned at at Aug. the end of 2001 the 107th Confirmations recess Congress Withdrawn Recess appointments (Bush) 1 1 1 3 2 1 2 1 1 3 1 3 1 1 2 2 3 CRS-50 Individual nominees 6 3 4* 3 2 1 Total Positions Vacanta positions NTSB 5 1 2 NRC 6 3 2 2 2 OSHRC 3 4 3 2 1 2 PRC 5 3 2 2 2 1 RRB 4 SEC 5 7 6 5 6 STB 3 1 1 1 1 TVA 3 2 1 1 2 USITC 6 1 3 3 2 USPC 5 2 3 7 5 4 USSC 4 19 14 125 95c 87 Agency TOTALS a Nominations submitted Positions to which nominations were madeb Incumbent serving; term expireda 147 1 Returned Returned at at Aug. the end of 2001 the 107th Confirmations recess Congress Withdrawn Recess appointments (Bush) 1 1 1 1 1 1 72 1 2 1 4 2 1 13 22 18 2 12 As of Jan. 3, 2003. 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. 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 CFTC Chemical Safety and Hazard Investigation Board Commodity Futures Trading Commission CPSC DNFSB Consumer Product Safety Commission Defense Nuclear Facilities Safety Board EEOC EXIMBANK Equal Employment Opportunity Commission Export-Import Bank FCA FCC Farm Credit Administration Federal Communications Commission FDIC FEC FERC FHFB FLRA FMC FMSHRC FRS FTC FCSC MSPB NCUA NLRB NMB NTSB NRC Federal Deposit Insurance Corporation, Board of Directors Federal Election Commission Federal Energy Regulatory Commission Federal Housing Finance Board Federal Labor Relations Authority Federal Maritime Commission Federal Mine Safety and Health Review Commission Federal Reserve System, Board of Governors Federal Trade Commission Foreign Claims Settlement Commission Merit Systems Protection Board National Credit Union Administration, Board of Directors National Labor Relations Board National Mediation Board National Transportation Safety Board Nuclear Regulatory Commission OSHRC Occupational Safety and Health Review Commission PRC RRB SEC Postal Rate Commission Railroad Retirement Board Securities and Exchange Commission STB Surface Transportation Board TVA USITC USPC Tennessee Valley Authority United States International Trade Commission 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. 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