For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32742 ------------------------------------------------------------------------------ Order Code RL32742 CRS Report for Congress Received through the CRS Web Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 108th Congress January 26, 2005 Henry B. Hogue Government and Finance Division Maureen O. Bearden, Kathleen M. Doddridge, Judith B. Frazier-Thompson, Julissa Gomez, and Jennifer E. Manning Information Research Division Congressional Research Service ~ The Library of Congress Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 108th Congress Summary During the 108th Congress, President George W. Bush submitted nominations to the Senate for 77 of the 153 full-time positions on 34 regulatory and other boards and commissions that have such positions. A total of 102 nominations were submitted for these positions, of which 72 were confirmed, 6 were withdrawn, and 24 were returned to the President. The number of nominations exceeds the number of positions because the President submitted multiple nominations for some positions. In some cases, for example, the President submitted one nomination for the end of a term in progress and a second nomination of the same person to the same position for the succeeding term. In other cases, the President submitted a second nomination after his first choice failed to be confirmed. The President also usually submits an "extra" nomination of an individual to whom he has given a recess appointment in order to comply with a law affecting the payment of that appointee. President Bush made 15 appointments to regulatory and other boards and commissions when the Senate was adjourned during a session (known as intrasession recess appointments) and 2 other appointments between sessions (known as intersession recess appointments). At the end of the Congress, 15 incumbents were serving past the expiration of their terms. In addition, there were 12 vacancies among the 153 positions. For 3 of these 12 vacancies -- one at the National Labor Relations Board and two at the Nuclear Regulatory Commission -- the President had submitted nominations during the 108th Congress that were not confirmed by its end. 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 108th Congress, all nominations to full-time positions on 34 regulatory and other collegial boards and commissions. Profiles of each board and commission provide information on their organizational structures, membership as of December 8, 2004, and appointment activity during that Congress. 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. Membership and appointment activity are provided in tabular form. The report also includes tables summarizing the collective appointment activity for all 34 bodies, and identifying Senate recesses during the 108th Congress. Information for this report was compiled from data from the Senate nominations database of the Legislative Information System at [http://www.congress.gov/nomis/], telephone discussions with agency officials, agency websites, the United States Code, and the 2004 edition of United States Government Policy and Supporting Positions (more commonly known as the Plum Book). This report will not be updated. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Appointment Process for PAS Positions . . . . . . . . . . . . . . . . . . . . . . . . 1 Selection, Clearance, and Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Senate Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Characterization of Regulatory and Other Collegial Bodies . . . . . . . . . . . . . 5 Appointments During the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Average Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Organization of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Board and Commission Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Chemical Safety and Hazard Investigation Board (CSHIB) . . . . . . . . . . . . . . . . 10 Commodity Futures Trading Commission (CFTC) . . . . . . . . . . . . . . . . . . . . . . . 11 Consumer Product Safety Commission (CPSC) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Defense Nuclear Facilities Safety Board (DNFSB) . . . . . . . . . . . . . . . . . . . . . . . 13 Election Assistance Commission (EAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . . . . . . . . . 15 Export-Import Bank (EXIMBANK) Board of Directors . . . . . . . . . . . . . . . . . . . 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, 108th Congress . . . . . . . . . . . . . . . . . . 45 Appendix B. Appointment Action, 108th Congress . . . . . . . . . . . . . . . . . . . . . . . 49 Appendix C. Senate Adjournmentsa During the 108th Congress . . . . . . . . . . . . . 51 Appendix D. Board/Commission Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . 52 Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 108th Congress Introduction 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 (PAS positions). It also specifies, for the 108th Congress, all nominations to full-time positions on 34 regulatory and other collegial boards and commissions that have such positions (e.g., Consumer Product Safety Commission, Federal Reserve Board, Election Assistance Commission). Profiles of each board and commission provide information on their organizational structures, membership as of the end of the 108th Congress, and appointment activity during that Congress. The Appointment Process for PAS Positions The President and the Senate share the power to appoint the principal officers of the United States.1 The Constitution (Article II, Section 2, clause 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.2 Three distinct stages mark the appointment process: selection, clearance, and nomination by the President; consideration by the Senate, and appointment by the President. Selection, Clearance, and Nomination. In this stage, the White House selects and clears a nominee before sending the formal nomination to the Senate. There are a number of steps in this stage of the process for most Senate-confirmed positions. First, with the assistance of, and preliminary vetting by, the White House Office of Presidential Personnel, the President selects a candidate for the position. Interested parties, including Members of Congress, may have input during this process. Most boards and commissions require a political balance among their members (i.e., no more than a simple majority may be from the same political party), so the President normally negotiates over nominations with leaders of the opposition 1 A succinct historical and contemporary overview of the appointment power is found in Louis Fisher, "Appointment Powers," in his Constitutional Conflicts between Congress and the President, 4th ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48. 2 Article II, Sec. 2, cl. 2, provides that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." CRS-2 party in Congress. These negotiations involve questions not only of patronage but 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. During the clearance process, the candidate 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, which often includes background investigations conducted by the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), the Office of Government Ethics (OGE), and an 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 Office of the Counsel to the President has cleared the candidate, the nomination is ready to be submitted to the Senate. The selection and clearance 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. In an effort to reduce the elapsed time between a new President's inauguration and the appointment of his or her national security team, recent amendments to the Presidential Transitions Act of 19633 encourage Presidents-elect to submit, for security clearance, potential nominees to high-level national security positions as soon as possible after the election.4 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 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 by the agency 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 3 3 U.S.C. 102 note. 4 P.L. 108-458, § 7601. CRS-3 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.5 Positions on most boards and commissions, however, are not covered by this act.6 Senate Consideration. In the confirmation or second stage, the Senate alone determines whether or not to confirm a nomination.7 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.8 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. The Senate confirmation process is centered at the committee level. Committee nomination activity generally includes investigation, hearing, and reporting stages. As part of investigatory work, committees may draw on information provided by the White House as well as information collected by the committees. Hearings provide a public forum to discuss a nomination and any issues related to the program or agency for which the nominee would be responsible. Even if confirmation is thought to be a virtual certainty, hearings may provide Senators and the nominee with an opportunity to go on the record with particular views or commitments. Senators may use hearings to explore a nominee's qualifications, articulate a policy perspective, or raise related oversight issues. Some committees hold hearings on nearly all nominations; others hold hearings for only some. The committee may discontinue acting on a nomination at any point -- upon referral, after investigation, or after a hearing. If the committee votes to report the nomination back to the full Senate, it has three options: it may report the nomination to the Senate favorably, report it unfavorably, or report it without recommendation. If the committee elects not to report a nomination, the Senate may, under certain circumstances, discharge the committee from further consideration of the nomination in order to bring it to the floor.9 5 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 Morton Rosenberg. 6 5 U.S.C. 3349c. 7 For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, and CRS Report RL31948, Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History, by Betsy Palmer. 8 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189. 9 For more information, see CRS Report RL31980, Senate Consideration of Presidential (continued...) CRS-4 Although the Senate confirms most nominations, some nominations are not confirmed. 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. If a nomination is not acted upon by the Senate by the end of a Congress, it is returned to the President. Pending nominations also may be returned automatically to the President at the beginning of a recess of 30 days or longer, but the Senate rule providing for this return is often waived.10 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. 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 Constitution also empowers the President to make limited-term appointments without Senate confirmation when the Senate is in recess.11 Such recess appointments expire at the end of the next session of Congress. Appendix C provides a table showing the dates of the Senate recesses for the 108th Congress and the number of recess appointments during each recess. 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 9 (...continued) Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, p. 7. 10 The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th Cong., 1st sess., S. Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. For an example of a waiver of the rule, see Sen. John E. Sununu, "Nomination in Status Quo," Congressional Record, daily edition, vol. 149, July 31, 2003, p. S10844. 11 Art. II, Sec. 2, cl. 3. CRS-5 the nominee even when an old nomination is pending.12 In addition, although recess 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, among other things, 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, the President's power to remove them is restricted. A new commission or board 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, the President submits two nominations of the same person 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 chair or has the opportunity to fill a number of vacancies at once. For example, 12 For a further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. 13 P.L. 108-447, Division H, 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 include 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-6 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. Two other notable characteristics apply to appointments to some of the boards and commissions. First, for 25 of the regulatory and other collegial boards and commissions, the law limits the number of appointed members who may belong to the same political party, usually to no more than a simple majority of the appointed members (e.g., two of three, or three of five).15 Second, advice and consent requirements also apply to inspector general appointments in five of these organizations and general counsel appointments in three. Appointments During the 108th Congress During the 108th Congress, President George W. Bush submitted nominations to the Senate for 77 of the 153 full-time positions on 34 regulatory and other boards and commissions. (Most of the remaining positions were not vacant during that time.) A total of 102 nominations were submitted for these positions, of which 72 were confirmed, 6 were withdrawn, and 24 were returned to the President. The number of nominations exceeds the number of positions because the President submitted multiple nominations for some positions. In some cases, for example, the President submitted one nomination for the end of a term in progress and a second nomination of the same person to the same position for the succeeding term. In other cases, the President submitted a second nomination after his first choice failed to be confirmed. The President also usually submits an "extra" nomination of an individual to whom he has given a recess appointment in order to comply with a law affecting the payment of that appointee. President Bush made 15 appointments to regulatory and other boards and commissions when the Senate was adjourned during a session (known as intrasession recess appointments) and 2 other appointments between sessions (known as intersession recess appointments). Table 1 summarizes the appointment activity for the 108th Congress. At the end of the Congress, 15 incumbents were serving past the expiration of their terms. In addition, there were 12 vacancies among the 153 positions. For 3 of these 12 vacancies -- one at the National Labor Relations Board and two at the Nuclear Regulatory Commission -- the President had submitted nominations during the 108th Congress that were not confirmed by its end. 15 For 3 of these 25 organizations, the Election Assistance Commission, the Federal Election Commission, and the United States International Trade Commission, the number of member positions is even, and no more than half may be of the same party. CRS-7 Table 1. Appointment Action for 34 Regulatory and Other Boards and Commissions During the 108th Congress Positions on the 34 boards and commissions (total) 153 Positions to which nominations were made 77 Individual nominees 75 Nominations submitted to the Senate during the 108th Congress (total) 102 Disposition of nominations Confirmed by the Senate 72 Withdrawn 6 Returned (total) 24 Beginning of the August 2003 recess 0 End of the 1st session of the 108th Congress 5 Beginning of the August 2004 recess 2 End of the 2nd session of the 108th Congress 17 Recess Appointments (total) 17 Intrasession 15 Intersession 2 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 after a term expired or a vacancy occurred, 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 is usually permitted to 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 108th Congress, the number of days between nomination and confirmation ("days to confirm"). These counts exclude days during August recesses and between sessions of the Congress. 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.16 The 31 days during the August 2003 recess, the 41 days between the first 16 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th (continued...) CRS-8 and second sessions of the 108th Congress, and the 46 days during the August 2004 recess were subtracted from the "days to confirm" for those nominations that spanned one or more recesses. Although it also exceeded 30 days, no days were subtracted for a 35-day recess during October and November 2004 in order to maintain consistency with similar reports for previous Congresses. Organization of the Report Board and Commission Profiles. Each of the 34 board or commission profiles following the narrative portion of this report is organized into three parts: a paragraph discussing the body's organizational structure; a table identifying its membership as of December 8, 2004;17 and a table listing nominations and appointments to its positions during the 108th Congress. The organizational sections discuss 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. Data18 on appointment actions during the 108th Congress appear under both the sections entitled "Membership as of December 8, 2004" and those entitled "Appointment Action." The former identifies the agency's positions requiring Senate confirmation and the incumbents in those positions as of the date specified. 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 members, the party affiliation of an incumbent is listed as Democrat (D), Republican (R), or Independent (I). The section also includes the pay levels of the positions. For presidentially appointed positions requiring Senate confirmation, the pay levels fall under the Executive Schedule, which ranges from level I, for cabinet-level offices, to level V, for the lowest-ranked positions. Most of the chair positions are at level III ($149,200), and most of the other positions are at level IV ($140,300).19 16 (...continued) Cong., 1st sess., S.Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 17 In a few cases, this information is provided for a later date in December because of significant changes to the membership after Dec. 8. 18 This report was compiled from data from the Senate nominations database of the Legislative Information System [http://www.congress.gov/nomis/], telephone discussions with agency officials, agency websites, the United States Code, and the "Plum Book" (U.S. Congress, House Committee on Government Reform, United States Government Policy and Supporting Positions, 108th Cong., 2nd sess., Committee Print, Nov. 22, 2004 (Washington: GPO, 2004)). 19 U.S. Office of Personnel Management "Salary Table 2005-EX," available at [http://www. opm.gov/oca/05tables/html/ex.asp], visited Jan. 13, 2005. CRS-9 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. For tables in which one individual was confirmed more than once (to be a chair and a member, for example), the mean was calculated by averaging all values in the "Days to confirm" column, including the values for both confirmations. 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 organization 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. 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 organization. For each of the 34 independent boards and commissions discussed in this report, the table provides the number of positions, vacancies, 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 Senate adjournments during the 108th Congress and the number of recess appointments during each period of adjournment. A list of organization abbreviations can be found in Appendix D. CRS-10 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)) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Carolyn W. Merritt na 08/01/02 08/01/07 IV Chair Gary L. Visscher na 11/21/04 11/29/09 IV John S. Bresland na 08/01/02 08/01/07 IV Vacant 5 years IV Vacant 5 years IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Rixio E. Medinaa na Member 06/25/03 12/09/03 136 Gary L. Visscher na Member 10/14/03 11/21/04 317 Gary L. Visscher na Member Recess Appointment 08/02/04b Gary L. Visscher na Member 09/10/04 Returned 12/08/04c Mean number of days to confirm a nomination 227 na - not applicable a Medina resigned from office on August 23, 2004. b Visscher's recess appointment would have expired at the end of the first session of the 109th Congress. c When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-11 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. 2(a)(2)) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Sharon Brown-Hruska R 08/01/02 04/13/09 III Acting Chaira; Reappointed Michael V. Dunn D 11/21/04 06/19/06 IV Frederick W. Hatfield D 11/21/04 04/13/08 IV Walter Lukken R 08/01/02 04/13/05 IV Vacant 04/13/07 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Sharon Brown- R Commissioner 07/22/04 11/21/04 76 Hruska Frederick W. D Commissioner 10/07/04 11/21/04 45 Hatfield Michael V. Dunn D Commissioner 11/16/04 11/21/04 5 Mean number of days to confirm a nomination 61 a The President designated Brown-Hruska as the acting chair under a commission rule that has been in effect for some 26 years. According to information provided on its website, the commission has been led by an acting chair on at least nine other occasions during that time ([http://www.cftc. gov/opa/opaterms.htm], visited Jan. 15, 2005). The rule provides that "At any time that a vacancy exists in the position of Chairman of the Commission the remaining members of the Commission shall elect a member to serve as acting Chairman ... until a new chairman has been appointed by the President and confirmed by the Senate: Provided, however, That if the President shall appoint a new Chairman from among the existing members of the Commission, that Commissioner shall serve as acting Chairman for these purposes until such time as his appointment as Chairman has been confirmed or rejected by the Senate." (17 CFR 140.13) It is unclear what specific statutory authority would support a rule that permits the President to make a temporary appointment to an advice and consent position on this commission. Absent such specific statutory authority, it is unclear what general legal authority would allow for such an appointment. The sole statutory authority for such appointments governmentwide is the Federal Vacancies Reform Act of 1998, which would probably not apply to this commission since it does not apply to "any board, commission, or similar entity that ... is composed of multiple members" and "governs an independent establishment or Government corporation" (5 U.S.C. 3349c(1)). CRS-12 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) Membership as of December 8, 2004a Date first Term Pay Incumbent Party confirmed expires level Comments Harold D. Stratton, Jr. R 07/25/02 10/26/06 III Chair Thomas H. Moore D 04/06/95 10/26/10 IV Reappointed, Vice Chair Vacant 10/26/05 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Thomas H. Moore D Commissioner 03/11/04 Withdrawn 03/23/04 Thomas H. Moore D Commissioner 03/23/04 05/21/04 59 Mean number of days to confirm a nomination 59 a Two vacant positions are not listed because, since FY1993, funds have not been made available for the compensation and benefits of more than three members of the commission (P.L. 102-389, Title 3, Oct. 6, 1992; 105 Stat. 1596; 15 U.S.C. 2053 note). CRS-13 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 U.S.C. 2286) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments John T. Conwaya D 09/29/95 10/18/99 III Chair Andrew J. R 10/29/99 10/18/03 III Vice Chair Eggenbergera b Joseph F. Bader 11/21/04 10/18/07 III b R. Bruce Matthews 11/21/04 10/18/05 III John E. Mansfield R 08/01/02 10/18/06 III Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm b R. Bruce Matthews Member 01/09/03 Returned 12/08/04c b R. Bruce Matthews Member Recess Appointment 04/22/03d b R. Bruce Matthews Member 05/14/03 11/21/04 439 b Joseph F. Bader Member 05/11/04 11/21/04 148 Mean number of days to confirm a nomination 294 a The terms of the incumbents shown in italics have expired. b Party affiliation for Matthews and Bader is not available. c When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, this second nomination was acted upon, and the first, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. d Matthews' recess appointment expired at the end of the 108th Congress, by which time his nomination had been confirmed by the Senate, as shown. CRS-14 Election Assistance Commission (EAC) The EAC is a new independent commission established by P.L. 107-252 (116 Stat. 1666), the Help America Vote Act of 2002 (HAVA). It consists of four members (no more than two may be from the same political party) who serve four- year terms. The initial appointees (listed below) are serving staggered terms -- two have two-year terms and two have four-year terms. After a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and designated by the commission, change each year. (42 U.S.C. 15323) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments DeForest B. Soaries, Jr. R 12/09/03 12/12/07 IV Chair;a initial 4- year term Gracia M. Hillmana D 12/09/03 12/12/05 IV Vice Chair;b initial 2-year term Paul S. DeGregoriob R 12/09/03 12/12/05 IV initial 2-year term Raymundo Martinez, III D 10/03/03 12/12/07 IV initial 4-year term Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Paul S. DeGregorio R Member 10/03/03 12/09/03 67 Gracia M. Hillman D Member 10/03/03 12/09/03 67 Raymundo Martinez, III D Member 10/03/03 12/09/03 67 DeForest B. Soaries, Jr. R Member 10/03/03 12/09/03 67 Mean number of days to confirm a nomination 67 a Hillman was designated Chair on 01/03/05. b DeGregorio was designated Vice-Chair on 01/03/05. 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)) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Cari M. Dominguez R 07/19/01 07/01/06 III Chair Naomi C. Earp R 10/31/03 07/01/05 IV Vice Chair Leslie E. Silverman R 03/01/02 07/01/08 IV Reappointed Stuart Ishimaru D 10/31/03 07/01/07 IV Vacant 07/01/09 IV Eric S. Dreiband na 07/31/03 4 years V General Counsel Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Naomi C. Earp R Member 01/09/03 Returned 12/08/04a Eric S. Dreiband na General 02/04/03 07/31/03 177 Counsel Naomi C. Earp R Member Recess Appointment 04/22/03b Naomi C. Earp R Member 05/14/03 10/31/03 139 Leslie Silverman R Member 07/11/03 10/31/03 81 Stuart Ishimaru D Member 10/14/03 10/31/03 17 Mean number of days to confirm a nomination 104 na - not applicable a When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the second nomination was acted upon, and the first, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b Earp's recess appointment expired at the end of the 108th Congress, by which time her nomination had been confirmed by the Senate, as shown. CRS-16 Export-Import Bank (EXIMBANK) Board of Directors The Export-Import Bank board of directors comprises the president of the bank, who serves as chair, the first vice president of the bank, who serves as vice chair, and three other members (no more than three of these five may be from the same political party). All five members are appointed by the President, with the advice and consent of the Senate and serve four-year terms. An incumbent whose term has expired may continue to serve (1) until a successor is qualified, or (2) until six months pass after the term expires -- whichever occurs earlier. (12 U.S.C. 635a) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Philip Merrill R 11/14/02 01/20/05 III Chair April H. Foley R 12/09/03 01/20/05 IV Vice Chair Joseph Max Cleland D 12/09/03 01/20/07 IV Linda M. Conlin R 11/21/04 01/20/07 IV J. Joseph Grandmaison D 12/20/01 01/20/05 IV a Vacant IV Inspector General Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm April H. Foley R Member 04/10/03 Withdrawn 11/21/03 April H. Foley R Member Recess Appointment 04/22/03b April H. Foley R Member 05/14/03 Withdrawn 11/21/03 Joseph Max Cleland D Member 11/21/03 12/09/03 18 April H. Foley R Vice Chair 11/21/03 12/09/03 18 Linda M. Conlin R Member 01/28/04 11/21/04 252 Linda M. Conlin R Member Recess Appointment 04/16/04c Linda M. Conlin R Member 05/13/04 Returned 12/08/04d Mean number of days to confirm a nomination 96 a This position was established by P.L. 107-189, Sec. 22, but it has not been funded. b Foley's recess appointment would have expired at the end of the 108th Congress, but she was subsequently confirmed to a different position, as shown. c Conlin's recess appointment would have expired at the end of the first session of the 109th Congress, but her nomination was subsequently confirmed by the Senate, as shown. d When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Nancy C. Pellett R 11/14/02 05/31/08 III Chair Douglas L. Flory R 08/01/02 10/13/06 IV Dallas Tonsager D 11/21/04 05/21/10 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Dallas Tonsager D Member 11/16/04 11/21/04 5 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Michael K. Powell R 05/25/01 06/30/07 III Chair Kathleen Q. Abernathya 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 Jonathan S. Adelstein D 11/14/02 06/30/08 IV Reappointed Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Jonathan S. Adelstein D Member 11/16/04 11/20/04 4 a The term of the incumbent shown in italics has expired. She continued to serve under the holdover provision noted above. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Donald E. Powell R 07/12/01 07/15/07 III Chaira John M. Reich R 12/15/00 12/27/06 IV Vice Chair Thomas J. Curry I 12/09/03 12/12/09 IV James E. Gilleran na Office of Thrift ex officio Supervision, Director Julie L. Williams na Comptroller of the ex officio Currency Gaston Giannib na 03/29/96 Indefinitec IV Inspector General Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Thomas J. Curry I Member 06/12/03 12/09/03 149 na - not applicable a Powell may serve as chair and Reich as vice chair for up to five years, and may serve the remainder of their six-year terms as members. b Gianni retired from federal service on 12/31/04. Patricia Black began serving as Acting Inspector General on the following day. c This position has no fixed term, but the President may remove an incumbent at any time. As noted above, the incumbent as of Dec. 8, 2004 retired at the end of that month. 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. Generally, the vice chair succeeds the chair. (2 U.S.C. 437c) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Scott E. Thomasa D 07/30/98 04/30/03 IV Chair Michael E. Toner R 03/18/03 04/30/07 IV Vice Chair Bradley A. Smith R 05/24/00 04/30/05 IV David M. Masona R 07/30/98 04/30/03 IV Danny M. McDonald D 05/24/00 04/30/05 IV Ellen L. Weintraub D 03/18/03 04/30/07 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Michael E. Toner R Member 01/09/03 03/18/03 68 Ellen L. Weintraub D Member 01/09/03 03/18/03 68 Mean number of days to confirm a nomination 68 a The terms of the incumbents shown in italics have expired. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Patrick H. Wood R 05/25/01 06/30/05 III Chair Nora M. Brownell R 05/25/01 06/30/06 IV Joseph T. Kelliher R 11/07/03 06/30/07 IV Suedeen G. Kelly D 11/07/03 06/30/09 IV reappointment Vacant 06/30/08 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Joseph T. Kelliher D Member 01/09/03 11/07/03 271 Suedeen G. Kellya D Member 06/16/03 11/07/03 113 Suedeen G. Kelly D Member 04/08/04 11/22/04 181 Mean number of days to confirm a nomination 188 a For the remainder of the term expiring 06/30/04, replacing Curt Hebert, Jr., resigned. 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. (12 U.S.C. 1422a(1)) Membership as of December 8, 2004a Date first Term Pay Incumbent Party confirmed expires level Comments Alicia K. Castaneda R 12/09/03 02/27/11 III Chair,a Reappointed Vacantb 02/27/09 IV Allan I. Mendelowitz D 11/29/01 02/27/07 IV Franz S. Leichter D 11/29/01 02/27/06 IV John C. Weicher na designee ex officio Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Alicia K. Castanedac R Director 06/18/03 12/09/03 143 Alicia K. Castanedac R Director 06/18/03 12/09/03 143 Ronald A. Rosenfeld R Director 10/05/04 Returned 12/08/04d Ronald A. Rosenfeld R Director Recess appointment 12/14/04b Mean number of days to confirm a nomination 143 a On 12/14/04, Ronald Rosenfeld was recess appointed as a director and as chair, compensated at Level III of the Executive Schedule. Consequently, at that time, Castaneda reverted to being a director compensated at Level IV. b Rosenfeld was given a recess appointment to fill this director position and designated as chair by President George W. Bush on 12/14/04. Rosenfeld's recess appointment expires at the end of the 109th Congress, 1st session. c The first nomination was to the position formerly held by Timothy O'Neill for the remainder of the term expiring 02/27/04. The second nomination was to the same position for the succeeding term. d Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-23 Federal Labor Relations Authority (FLRA) The FLRA consists of three members (no more than two may be from the same political party) who serve five-year terms. When a term expires, a member may continue to serve until the end of the next Congress. The President designates the chair. The general counsel is also appointed by the President, subject to the advice and consent of the Senate. (5 U.S.C. 7104) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Dale Cabaniss R 11/09/97 07/29/07 IV Chair Reappointment Carol W. Popea D 10/26/00 07/01/04 V Tony Armendariz R 07/11/01 07/01/05 V Peter Eideb R Recess Appt. Five yearsb V General Counsel 04/22/03 Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Dale Cabaniss R Chair 01/09/03 10/24/03 257 Peter Eide R General Counsel 01/09/03 Returned 12/09/03c Peter Eide R General Counsel Recess appointment 04/22/03d Peter Eide R General Counsel 05/14/03 Returned 12/09/03c Peter Eide R General Counsel 01/26/04 Returned 12/08/04e Mean number of days to confirm a nomination 257 a The term of the incumbent shown in italics has expired. b The general counsel is appointed for a term of five years. Eide's recess appointment expired at the end of the 108th Congress. c When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, both nominations were returned to the President at the end of the 108th Congress, 1st session under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. d Eide's recess appointment expired at the end of the 108th Congress. e Returned to the President at the end of the 108th 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Steven R. Blust R 08/01/02 06/30/06 III Chair Joseph E. Brennan D 11/10/99 06/30/08 IV Reappointed Harold J. Creel, Jr. D 10/21/98 06/30/09 IV Reappointed Rebecca F. Dye R 11/14/02 06/30/05 IV A. Paul Anderson R 05/05/04 06/30/07 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm A. Paul Anderson R Commissioner 04/10/03 Returned 12/08/04a A. Paul Anderson R Commissioner Recess Appointment 08/22/03b A. Paul Anderson R Commissioner 10/01/03 05/05/04 176 Joseph E. Brennan D Commissioner 03/12/04 05/05/04 54 Harold J. Creel, Jr. D Commissioner 11/16/04 11/21/04 5 Mean number of days to confirm a nomination 78 a When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the second nomination was acted upon and the first, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. b Anderson's recess appointment would have expired at the end of the 108th Congress, but he was subsequently confirmed, as shown. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Michael F. Duffy na 11/19/02 08/30/06 III Chair Mary L. Jordan na 07/31/03 08/30/08 IV Reappointed Stanley C. Suboleski na 07/31/03 08/30/06 IV Michael G. Young na 07/31/03 08/30/08 IV Vacant 08/30/10 Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Stanley C. Suboleski na Commissioner 01/09/03 7/31/03 203 Mary L. Jordan na Commissioner 03/11/03 07/31/03 142 Stanley C. Suboleski na Commissioner Recess Appointment 04/22/03a Stanley C. Suboleski na Commissioner 05/14/03 Returned 12/08/04b Michael G. Young na Commissioner 06/12/03 07/31/03 49 Mean number of days to confirm a nomination 25 na - not applicable a Suboleski's recess appointment would have expired at the end of the 108th Congress, but he was subsequently confirmed, as shown. b When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the first nomination was acted upon and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-26 Federal Reserve System (FRS), Board of Governors The FRS consists of seven members (no political balance is required) who serve 14-year terms. When a term expires, a member may continue to serve until a successor takes office. The President appoints the chair and vice chair, who are separately appointed as members, for four-year terms, with the advice and consent of the Senate. The chair and vice chair give up their positions when the four-year terms expire. (12 U.S.C. 241) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Alan Greenspan na 08/03/87 01/31/06 II Chair Roger W. Ferguson na 07/19/01 01/31/14 III Vice Chair Edward W. Gramlich na 10/30/97 01/31/08 III Susan S. Bies na 12/06/01 01/31/12 III Mark W. Olson na 12/06/01 01/31/10 III Ben S. Bernanke na 10/24/03 01/31/18 III Donald L. Kohn na 07/31/02 01/31/16 III Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Ben S. Bernanke na Member 09/10/03 10/24/03 44 Roger W. Ferguson na Vice Chair 09/10/03 10/24/03 44 Alan Greenspan na Chair 05/18/04 06/17/04 30 Mean number of days to confirm a nomination 39 na - not applicable 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Deborah P. Majoras R 11/21/04 09/25/08 III Chair Orson G. Swindlea R 03/12/98 09/25/04 IV Thomas B. Leary R 11/10/99 09/25/05 IV Pamela J. Harbour I 07/23/03 09/25/09 IV Jonathan D. Leibowitz D 11/21/04 09/25/10 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Pamela J. Harbour I Commissioner 06/12/03 07/23/03 41 Jonathan D. Leibowitz D Commissioner 04/08/04 Returned 07/22/04b Deborah P. Majoras R Commissioner 05/11/04 Returned 07/22/04b Jonathan D. Leibowitz D Commissioner Recess Appointment 09/01/04c Deborah P. Majoras R Commissioner Recess Appointment 09/01/04c Jonathan D. Leibowitz D Commissioners 09/10/04 11/21/04 72 Deborah P. Majoras R Commissioner 09/10/04 11/21/04 72 Mean number of days to confirm a nomination 62 a The term of the incumbent shown in italics has expired. b Returned to the President at the beginning of a 31-day period of Senate adjournment under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c Each of these recess appointments would have expired at the end of the first session of the 109th Congress, but the appointees were subsequently confirmed as shown. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Mauricio J. Tamargo na 01/25/02 09/30/06 V Chair, reappointment Appointment Action in the 108th Congressa Date Date Days to Nominee Party Position nominated confirmed confirm Mauricio J. Tamargo na Chair 07/11/03 10/03/03 53 na - not applicable a Nominations for part-time positions at the Foreign Claims Settlement Commission also occurred during the 108th Congress. This report covers only full-time positions, however, so the part-time nominations are not included in this table. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Neil A. G. McPhie R 11/21/04 03/01/09 III Chair Susanne T. Marshall R 11/09/97 03/01/04 IV Barbara J. Sapin D 11/21/04 03/01/07 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Susanne T. Marshall R Chair 01/09/03 Returned 12/09/03b Neil A. G. McPhie R Member 01/09/03 Returned 12/09/03b Neil A. G. McPhie R Member Recess Appointment 04/22/03c Neil A. G. McPhie R Member 05/14/03 Returned 12/09/03b Susanne T. Marshall R Chair 01/26/04 Withdrawn 02/26/04d Neil A. G. McPhie R Member 01/26/04 11/21/04 254 Neil A. G. McPhie R Chair 02/26/04 11/21/04 223 Barbara J. Sapin D Member 04/08/04 11/21/04 181 Mean number of days to confirm a nomination 329 a The term of the incumbent shown in italics has expired. b When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, both nominations were returned to the President at the end of the first session of the 108th Congress under the provisions of Senate Rule XXI, paragraph 6 of the Standing Rules of the Senate. c McPhie's recess appointment would have expired at the end of the 108th Congress, but he was subsequently confirmed as a member and as chair, as shown. d Susanne T. Marshall's nomination for Chair was withdrawn on 2/26/04 and Neil A.G. McPhie was nominated for Chair on 2/26/04. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments JoAnn M. Johnson R 03/22/02 08/02/07 III Chair Deborah Matz D 03/22/02 08/02/05 IV Vacant 4/10/09 IV No Appointment Action in the 108th Congress 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) Membership as of December 16, 2004a Date first Term Pay Incumbent Party confirmed expires level Comments Robert J. Battista R 11/14/02 12/16/07 III Chair Peter Schaumber R 11/14/02 08/27/05 IV Wilma B. Liebman D 11/14/02 08/27/06 IV vacant 08/27/08 IV vacant 12/16/09 IV Arthur F. Rosenfeld R 05/26/01 06/03/05 IV General Counsel Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Ronald E. Meisburg R Member 11/20/03 Returned 12/08/04b Ronald E. Meisburg R Member Recess Appointment 12/23/03c Ronald E. Meisburg R Member 01/21/04 Returned 12/08/04b a Unlike most other tables in this report, this table provides the membership as of 12/16/04 rather then 12/08/04. This later date is used because of the change in the chair as of that date. b When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, both nominations were returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c Meisburg's recess appointment expired at the end of the 108th 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Harry R. Hoglander D 08/01/02 07/01/05 III Chair Edward J. Fitzmaurice Jr.a R 08/01/02 07/01/04 IV Read Van de Water R 12/03/03 07/01/06 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Read Van de Water R Member 09/15/03 12/09/03 85 Mean number of days to confirm a nomination 85 a The term of the incumbent shown in italics has expired. 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. 1111) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Ellen G. Engleman R 03/19/03 12/31/07 III Chair Mark V. Rosenker R 03/19/03 04/03/05 IV Vice Chair Carol J. Carmody D 05/24/00 12/31/04 IV Richard F. Healing R 03/19/03 12/31/06 IV Deborah Hersman D 03/02/04 12/31/08 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Mark V. Rosenker R Member 01/09/03 03/19/03 69 Richard F. Healing R Member 01/09/03 03/19/03 69 Ellen G. Engleman R Chair 02/14/03 03/19/03 33 Ellen G. Engleman R Member 02/14/03 03/19/03 33 Deborah Hersman D Member 03/02/04 05/21/04 80 Mean number of days to confirm a nomination 57a a The mean was calculated by averaging all values in the "Days to confirm" column, including the values for both Engleman confirmations. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Nils. J. Diaz R 09/26/01 06/30/06 II Chair Edward Mcaffigan, Jr. D 05/24/00 06/30/05 III Jeffrey S. Merrifield R 08/01/02 06/30/07 III vacant 06/30/08 III vacant 06/30/09 III Hubert T. Bell na 06/11/96 Indefinite IV Inspector General Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm John Joseph Grossenbachera R Member 07/25/03 Withdrawn 02/08/04 John Joseph Grossenbachera R Member 07/25/03 Withdrawn 02/08/04 Gregory B. Jaczko D Member 02/12/04 Returned 12/08/04b Albert Henry Konetzi R Member 11/16/04 Returned 12/08/04b na-not applicable a The first nomination was to the position formerly held by Richard A. Meserve for the remainder of the term expiring 06/30/04. The second nomination was to the same position for the succeeding term. b Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXI, paragraph 6 of the Standing Rules of the Senate. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments W. Scott Railton na 07/31/03 04/27/07 III Chair Thomasina Rogers na 07/31/03 04/27/09 IV James M. Stephens na 11/14/02 04/27/05 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm W. Scott Railton na Member 01/09/03 07/31/03 203 Thomasina Rogers na Member 07/15/03 07/31/03 16 Mean number of days to confirm a nomination 110 na-not applicable 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments George A. Omas R 10/26/00 10/14/06 III Chair Dana B. Covington Sr.a R 10/21/98 10/14/04 IV Vice Chair Tony Hammonda R 11/12/02 11/22/04 IV Ruth Y. Goldway D 11/12/02 11/22/08 IV Dawn A. Tisdale D 11/21/04 11/22/06 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Dawn A. Tisdale D Commissioner 02/11/04 11/21/04 238 Tony Hammond R Commissioner 11/16/04 Returned 12/08/04b Mean number of days to confirm a nomination 238 a The terms of the incumbents shown in italics have expired. b Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXI, paragraph 6 of the Standing Rules of the Senate. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Michael S. Schwartz na 05/23/03 08/28/07 III Chair Jerome F. Kevera na 05/24/00 08/28/03 IV Management Member, Reappointed Virgil M. Speakman Jr.a na 05/24/00 08/28/04 IV Labor Member, Reappointed Martin J. Dickman na 10/08/94 Indefinite IV Inspector General Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Michael S. Schwartz na Chair 01/21/03 05/23/03 122 na - not applicable a The terms of the incumbents shown in italics have expired. 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) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments William H. Donaldson R 02/13/03 06/05/07 III Chair Cynthia A. Glassman R 07/25/02 06/05/06 IV Roel C. Campos D 07/25/02 06/05/05 IV Harvey J. Goldschmida D 07/25/02 06/05/04 IV Paul S. Atkins R 07/25/02 06/05/08 IV Reappointed Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm William H. Donaldson R Member 01/28/03 02/13/03 16 Paul S. Atkins R Member 09/03/03 10/24/03 51 Mean number of days to confirm a nomination 33 a The term of the incumbent shown in italics has expired. CRS-39 Surface Transportation Board (STB) The STB, located within the Department of Transportation, consists of three members (no more than two may be from the same political party) who serve five- year terms. When a term expires, the member may continue to serve until a successor takes office, but not for more than one year after expiration. The President designates the chair. (49 U.S.C. 701) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Roger Nober R 11/14/02 12/31/05 III Chair Francis P. Mulvey D 05/21/04 12/31/07 IV Vice Chair W. Douglas Buttrey R 05/21/04 12/31/08 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Francis P. Mulvey D Member 11/17/03 05/21/04 145 W. Douglas Buttrey R Member 11/17/03 05/21/04 145 Mean number of days to confirm a nomination 145 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. The President also appoints the inspector general with the advice and consent of the Senate. (16 U.S.C. 831a) Changes were made to the governing structure of the TVA by P.L. 108-447, Division C, Section 601, which include, for example, an increase of the size of the board of directors to nine members. These changes are due to go into effect in 2005 or later, and are not, therefore, reflected in the tables below. Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Glenn McCullough Jr. na 11/10/99 05/18/05 III Chair William Baxter na 11/10/99 05/18/08 IV Skila Harris na 11/27/01 05/18/11 IV Richard Moore na 05/01/03 Indefinite IV Inspector Generala Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Richard Moore na Inspector General 02/04/03 05/01/03 86 na - not applicable a The inspector general of the Tennessee Valley Authority was established, by P.L. 106-422 (Nov. 1, 2000), as a position to which appointments are made by the President with the advice and consent of the Senate. Moore is the first appointee to this position. CRS-41 United States International Trade Commission (USITC) The USITC consists of six members (no more than three may be from the same political party) who serve nine-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair for two-year terms of office, but they may neither belong to the same political party nor be the two most recently appointed members of the commission. A new chair may not belong to the same political party as the chair being replaced, unless the replacement is to complete an unexpired term. (19 U.S.C. 1330) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Stephan Koplan D 07/30/98 06/16/05 III Chair Deanna T. Okun R 11/19/99 06/16/08 IV Vice Chair Marcia E. Millera D 06/26/96 12/16/03 IV Jennifer A. Hillman D 07/30/98 12/16/06 IV Charlotte R. Lane R 11/21/04 12/16/09 IV Daniel R. Pearson R 11/21/04 06/16/11 IV Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Charlotte R. Lane R Member 01/09/03 11/21/04 564 Daniel R. Pearson R Member 01/09/03 11/21/04 564 Charlotte R. Lane R Member Recess appointment 08/22/03b Daniel R. Pearson R Member Recess appointment 08/22/03c Daniel R. Pearson R Member 10/01/03 Returned 12/08/04d Charlotte R. Lane R Member 10/01/03 Returned 12/08/04d Mean number of days to confirm a nomination 564 a The term of the incumbent shown in italics has expired b On Aug. 22, 2003, Lane received a recess appointment to serve as member, which would have expired on Dec. 8, 2004. Lane was subsequently confirmed. c On Aug. 22, 2003, Pearson received a recess appointment to serve as member, which would have expired on Dec. 8, 2004. Pearson was subsequently confirmed. d When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In these two cases, the first nominations were acted upon, and the second nominations were returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-42 United States Parole Commission (USPC) The USPC is an independent agency in the Department of Justice. The commission consists of five commissioners (political balance is not required) who serve for six year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. The commission was previously scheduled to be phased out, but its life has been extended several times by Congress. Under P.L. 107-273, Division C, Section 11017, it was extended until November 1, 2005. (18 U.S.C. 4201-4218) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Edward F. Reilly, Jr. na 08/12/91 IV Chair, For all reappointed positions, 6 Cranston J. Mitchell na 03/06/03 years from V Vice Chair appointment Deborah Ann Spagnoli na 11/21/04 or when V commission Isaac Fulwood, Jr. na 11/21/04 is phased out V Patricia Cushwa na 11/21/04 V Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Edward F. Reilly, Jr. na Commissioner 01/09/03 03/06/03 56 Cranston J. Mitchell na Commissioner 01/09/03 03/06/03 56 Deborah Ann Spagnoli na Commissioner 06/25/03 11/21/04 397 Isaac Fulwood, Jr. na Commissioner 02/02/04 11/21/04 247 Deborah Ann Spagnoli na Commissioner Recess appointment 05/28/04a Deborah Ann Spagnoli na Commissioner 06/24/04 Returned 12/08/04b Patricia Cushwa na Commissioner 11/16/04 11/21/04 5 Mean number of days to confirm a nomination 152 na - not applicable a Spagnoli's recess appointment would have expired at the end of the109th Congress, 1st session, but she was subsequently confirmed, as shown. b When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th 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 voting members, who are appointed to six-year terms. Only the chair and three vice chairs, selected from among the members, serve full-time. The President appoints the chair, subject to Senate confirmation, and designates the vice chairs. No more than three members may be federal judges, and no more than four may be of the same political party. No more than two vice chairs may be of the same political party. No voting member may serve more than two full terms. When a term expires, an incumbent may continue to serve until he or she is reappointed, a successor takes office, or Congress adjourns sine die at the end of the session that commences after the expiration of the term, which ever is earliest. The Attorney General (or designee) serves ex officio. (28 U.S.C. 991-992) The chair of the United State Parole Commission is also an ex officio member of the commission. (18 U.S.C. 3551 note) Membership as of December 8, 2004 Date first Term Pay Incumbent Party confirmed expires level Comments Ricardo Hinojosa R 11/21/04 10/31/07 Same Chair a as rate Ruben Castillo 11/10/99 10/31/09 for Vice Chair federal Reappointed a appeals William K. Sessions III 11/10/99 10/31/09 court Vice Chair judges Reappointed John R. Steer R 11/10/99 10/31/05 Vice Chair Appointment Action in the 108th Congress Date Date Days to Nominee Party Position nominated confirmed confirm Ricardo Hinojosab R Member 01/16/03 05/22/03 126 a William K. Sessions III Member 09/30/03 12/09/03 70 Ricardo Hinojosa R Chair 02/23/04 11/21/04 226 a Ruben Castillo Member 07/12/04 11/21/04 86 Ricardo Hinojosa R Chair Recess appointment 08/02/04c Ricardo Hinojosa R Chair 09/10/04 Returned 12/08/04d Mean number of days to confirm a nominatione 127 a Party balance is statutorily required as discussed above, but the commission staff does not collect this information. For these members, alternative sources of information could not be located. b Hinojosa was initially confirmed as a member and later as chair. CRS-44 c Hinojosa's recess appointment, to serve as chair, would have expired at the end of the 109th Congress, 1st session. Hinojosa was subsequently confirmed as chair on Nov. 21, 2004. d When a recess appointment is made, the President generally submits a new nomination for the nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case, the first nomination was acted upon, and the second, "duplicate" nomination was returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. e The mean was calculated by averaging all values in the "Days to confirm" column, including the values for both Hinojosa confirmations. CRS-45 Appendix A. Nominees and Appointees, 108th Congress Board/ Nomination Confirmation Days to Nominee Commissiona date date confirm Jonathan S. Adelstein FCC 11/16/04 11/20/04 4 A. Paul Anderson FMC 04/10/03 Returned 12/08/04 A. Paul Anderson FMC Recess Appointment 08/22/03 A. Paul Anderson FMC 10/01/03 05/05/04 176 Paul S. Atkins SEC 09/03/03 10/24/03 51 Joseph F. Bader DNFSB 05/11/04 11/21/04 148 Ben S. Bernanke FRS 09/10/03 10/24/03 44 Joseph E. Brennan FMC 03/12/04 05/05/04 54 Sharon Brown-Hruska CFTC 07/22/04 11/21/04 76 W. Douglas Buttrey STB 11/17/03 05/21/04 145 Dale Cabaniss FLRA 01/09/03 10/24/03 257 Alicia K. Castaneda FHFB 06/18/03 12/09/03 143 Alicia K. Castaneda FHFB 06/18/03 12/09/03 143 Ruben Castillo USSC 07/12/04 11/21/04 86 Joseph Max Cleland EXIMBANK 11/21/03 12/09/03 18 Linda M. Conlin EXIMBANK 01/28/04 11/21/04 252 Linda M. Conlin EXIMBANK Recess Appointment 04/16/04 Linda M. Conlin EXIMBANK 05/13/04 Returned 12/08/04 Harold J. Creel, Jr FMC 11/16/04 11/21/04 5 Thomas J. Curry FDIC 06/12/03 12/09/03 149 Patricia Cushwa USPC 11/16/04 11/21/04 5 Paul S. DeGregorio EAC 10/03/03 12/09/03 67 William H. Donaldson SEC 01/28/03 02/13/03 16 Eric S. Dreiband EEOC 02/04/03 07/31/03 177 Michael V. Dunn CFTC 11/16/04 11/21/04 5 Naomi C. Earp EEOC 01/09/03 Returned 12/08/04 Naomi C. Earp EEOC Recess Appointment 04/22/03 Naomi C. Earp EEOC 05/14/03 10/31/03 139 Peter Eide FLRA 01/09/03 Returned 12/09/03 Peter Eide FLRA 05/14/03 Returned 12/09/03 Peter Eide FLRA 01/26/04 Returned 12/08/04 Peter Eide FLRA Recess Appointment 04/22/03 Ellen G. Engleman (Chair) NTSB 02/14/03 03/19/03 33 CRS-46 Board/ Nomination Confirmation Days to Nominee Commissiona date date confirm Ellen G. Engleman (Member) NTSB 02/14/03 03/19/03 33 Roger W. Ferguson FRS 09/10/03 10/24/03 44 April H. Foley EXIMBANK 04/10/03 Withdrawn 11/21/03 April H. Foley EXIMBANK Recess Appointment 04/22/03 April H. Foley EXIMBANK 05/14/03 Withdrawn 11/21/03 April H. Foley EXIMBANK 11/21/03 12/09/03 18 Isaac Fulwood, Jr. USPC 02/02/04 11/21/04 247 Alan Greenspan FRS 05/18/04 06/17/04 30 John Joseph Grossenbacher NRC 07/25/03 Withdrawn 02/08/04 John Joseph Grossenbacher NRC 07/25/03 Withdrawn 02/08/04 Tony Hammond PRC 11/16/04 Returned 12/08/04 Pamela J. Harbour FTC 06/12/03 07/23/03 41 Frederick W. Hatfield CFTC 10/07/04 11/21/04 45 Richard F. Healing NTSB 01/09/03 03/19/03 69 Deborah Hersman NTSB 03/02/04 05/21/04 80 Gracia M. Hillman EAC 10/03/03 12/09/03 67 Ricardo Hinojosa (Member) USSC 01/16/03 05/22/03 126 Ricardo Hinojosa (Chair) USSC 02/23/04 11/21/04 226 Ricardo Hinojosa (Chair) USSC Recess appointment 08/02/04 Ricardo Hinojosa (Chair) USSC 09/10/04 Returned 12/08/04 Stuart Ishimaru EEOC 10/14/03 10/31/03 17 Gregory B. Jaczko NRC 02/12/04 Returned 12/08/04 Mary L. Jordan FMSHRC 03/11/03 07/31/03 142 Joseph T. Kelliher FERC 01/09/03 11/07/03 271 Suedeen G. Kelly FERC 06/16/03 11/07/03 113 Suedeen G. Kelly FERC 04/08/04 11/21/04 181 Albert Henry Konetzi NRC 11/16/04 Returned 12/08/04 Charlotte R. Lane USITC 01/09/03 11/21/04 564 Charlotte R. Lane USITC Recess appointment 08/22/03 Charlotte R. Lane USITC 10/01/03 Returned 12/08/04 Jonathan D. Leibowitz FTC 04/08/04 Returned 07/22/04 Jonathan D. Leibowitz FTC Recess Appointment 9/01/04 Jonathan D. Leibowitz FTC 9/10/04 11/21/04 72 CRS-47 Board/ Nomination Confirmation Days to Nominee Commissiona date date confirm Neil A. G. McPhie MSPB 01/09/03 Returned 12/09/03 Neil A. G. McPhie MSPB Recess Appointment 4/22/03 Neil A. G. McPhie MSPB 05/14/03 Returned 12/09/03 Neil A. G. McPhie (Member) MSPB 01/26/04 11/21/04 254 Neil A. G. McPhie (Chair) MSPB 02/26/04 11/21/04 223 Deborah P. Majoras FTC 05/11/04 Returned 07/22/04 Deborah P. Majoras FTC Recess Appointment 09/01/04 Deborah P. Majoras FTC 09/10/04 11/21/04 72 Susanne T. Marshall MSPB 01/09/03 Returned 12/09/03 Susanne T. Marshall MSPB 01/26/04 Withdrawn 02/26/04 Raymundo Martinez, III EAC 10/03/03 12/09/03 67 R. Bruce Matthews DNFSB 01/09/03 Returned 12/08/04 R. Bruce Matthews DNFSB Recess Appointment 04/22/03 R. Bruce Matthews DNFSB 05/14/03 11/21/04 439 Rixio E. Medina CSHIB 06/25/03 12/09/03 136 Ronald E. Meisburg NLRB 11/20/03 Returned 12/08/04 Ronald E. Meisburg NLRB Recess Appointment 12/23/03 Ronald E. Meisburg NLRB 01/21/04 Returned 12/08/04 Thomas H. Moore CPSC 03/11/04 Withdrawn 03/23/04 Thomas H. Moore CPSC 03/23/04 05/21/04 59 Cranston J. Mitchell USPC 01/09/03 03/06/03 56 Richard Moore TVA 02/04/03 05/01/03 86 Francis P. Mulvey STB 11/17/03 05/21/04 145 Daniel R. Pearson USITC 01/09/03 11/21/04 564 Daniel R. Pearson USITC Recess appointment 08/22/03 Daniel R. Pearson USITC 10/01/03 Returned 12/08/04 W. Scott Railton OSHRC 01/09/03 07/31/03 203 Edward F. Reilly, Jr. USPC 01/09/03 03/06/03 56 Thomasina Rogers OSHRC 07/15/03 07/31/03 16 Ronald A. Rosenfeld FHFB 10/05/04 Returned 12/08/04 Ronald A. Rosenfeld FHFB Recess appointment 12/14/04 Mark V. Rosenker NTSB 01/09/03 03/19/03 69 Barbara J. Sapin MSPB 04/08/04 11/21/04 181 Michael S. Schwartz RRB 01/21/03 05/23/03 122 CRS-48 Board/ Nomination Confirmation Days to Nominee Commissiona date date confirm William K. Sessions III USSC 09/30/03 12/09/03 70 Leslie Silverman EEOC 07/11/03 10/31/03 81 DeForest B. Soaries, Jr. EAC 10/03/03 12/09/03 67 Deborah Ann Spagnoli USPC 06/25/03 11/21/04 397 Deborah Ann Spagnoli USPC Recess appointment 05/28/04 Deborah Ann Spagnoli USPC 06/24/04 Returned 12/08/04 Stanley C. Suboleski FMSHRC 01/09/03 07/31/03 203 Stanley C. Suboleski FMSHRC Recess Appointment 04/22/03 Stanley C. Suboleski FMSHRC 05/14/03 Returned 12/08/04 Mauricio J. Tamargo FCSC 07/11/03 10/03/03 53 Dawn A. Tisdale PRC 02/11/04 11/21/04 238 Michael E. Toner FEC 01/09/03 03/18/03 68 Dallas Tonsager FCA 11/16/04 11/21/04 5 Read Van de Water NMB 09/15/03 12/09/03 85 Ellen L. Weintraub FEC 01/09/03 03/18/03 68 Gary L. Visscher CSHIB 10/14/03 11/21/04 317 Gary L. Visscher CSHIB Recess Appointment 08/02/04 Gary L. Visscher CSHIB 09/10/04 Returned 12/08/04 Michael G. Young FMSHRC 06/12/03 07/31/03 49 Mean number of days to confirm 125 Median number of days to confirm 78 a The key to agency acronyms is found in Appendix D. CRS-49 Appendix B. Appointment Action, 108th Congress Incumbent Positions Returned Returned at Recess serving; to which at an the end of appoint- Total Vacantb term Nominations Individual nominations adjourn- the 108th ments Agencya Positions positions expiredb submitted nominees were madec Confirmations ment Congress Withdrawn (Bush) CSHIB 5 2 0 3 2 2 2 0 1 0 1 CFTC 5 1 0 3 3 3 3 0 0 0 0 CPSC 3 1 0 2 1 1 1 0 0 1 0 DNFSB 5 0 2 3 2 2 2 0 1 0 1 EAC 4 0 0 4 4 4 4 0 0 0 0 EEOC 6 1 0 5 4 4 4 0 1 0 1 EXIMBANK 6 0 0 6 3 3 3 0 1 2 2 FCA 3 0 0 1 1 1 1 0 0 0 0 FCC 5 0 1 1 1 1 1 0 0 0 0 FDIC 4 0 0 1 1 1 1 0 0 0 0 FEC 6 0 2 2 2 2 2 0 0 0 0 FERC 5 1 0 3 2 2 3 0 0 0 0 FHFB 4 0 0 3 2 2 2 0 1 0 1 FLRA 4 0 1 4 2 2 1 2 1 0 1 FMC 5 0 0 4 3 3 3 0 1 0 1 FMSHRC 5 1 0 4 3 3 3 0 1 0 1 FRS 7 0 0 3 3 3* 3 0 0 0 0 FTC 5 0 1 5 3 3 3 2 0 0 2 FCSC 1 0 0 1 1 1 1 0 0 0 0 CRS-50 Incumbent Positions Returned Returned at Recess serving; to which at an the end of appoint- Total Vacantb term Nominations Individual nominations adjourn- the 108th ments a Agency Positions positions expiredb submitted nominees were madec Confirmations ment Congress Withdrawn (Bush) MSPB 3 0 1 7 3 4* 3 3 0 1 1 NCUA 3 1 0 0 0 0 0 0 0 0 0 NLRB 6 2 0 2 1 1 0 0 2 0 1 NMB 3 0 1 1 1 1 1 0 0 0 0 NTSB 5 0 0 5 4 5* 5 0 0 0 0 NRC 6 2 0 4 3 2 0 0 2 2 0 OSHRC 3 0 0 2 2 2 2 0 0 0 0 PRC 5 0 2 2 2 2 1 0 1 0 0 RRB 4 0 2 1 1 1 1 0 0 0 0 SEC 5 0 1 2 2 2 2 0 0 0 0 STB 3 0 0 2 2 2 2 0 0 0 0 TVA 4 0 0 1 1 1 1 0 0 0 0 USITC 6 0 1 4 2 2 2 0 2 0 2 USPC 5 0 0 6 5 5 5 0 1 0 1 USSC 4 0 0 5 3 4* 4 0 1 0 1 TOTALS 153 12 15 102 75 77 72 7 17 6 17 a A list of abbreviations may be found in Appendix D. b As of Dec. 8, 2004. c 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. * See table note c. CRS-51 Appendix C. Senate Adjournmentsa During the 108th Congress Number of recess appointments to Number of regulatory and other days collegial boards and Date adjourned Date reconvened adjournedb commissions The first session of 108th Congress convened on 01/07/03. 01/23/03 01/28/03 4 02/14/03 02/24/03 9 04/11/03 04/29/03 17 7 05/23/03 06/02/03 9 06/27/03 07/07/03 9 08/01/03 09/02/03 31 3 10/03/03 10/14/03 10 11/25/03 12/09/03 13 The Senate adjourned sine die on 12/09/03. The second session of 108th Congress convened 01/20/04. The intersession (period 1 between these two dates) was 41 days long. 02/12/04 02/23/04 10 03/12/04 03/22/04 9 04/08/04 04/19/04 10 05/21/04 06/01/04 10 1 06/09/04 06/14/04 4 06/25/04 07/06/04 10 07/22/04 09/07/04 46 4 10/11/04 11/16/04 35 11/24/04 12/07/04 12 The Senate adjourned sine die on 12/08/04. The first session of the 109th Congress convened on 01/04/05. The intersession 1 (period between these two dates) was 26 days long. a Consistent with Art. I, Sec. 5 of the Constitution, this table includes all within and between session adjournments of four days or longer as indicated in the Senate "Days-in-Session Calendars" website at [http://thomas.loc.gov/home/ds/index.html#senate], visited Dec. 9, 2004. b In this table, the number of days adjourned includes all those days between the date adjourned and the date reconvened. CRS-52 Appendix D. Board/Commission Abbreviations CSHIB Chemical Safety and Hazard Investigation Board CFTC Commodity Futures Trading Commission CPSC Consumer Product Safety Commission DNFSB Defense Nuclear Facilities Safety Board EAC Election Assistance Commission EEOC Equal Employment Opportunity Commission EXIMBANK Export-Import Bank FCA Farm Credit Administration FCC Federal Communications Commission FDIC Federal Deposit Insurance Corporation, Board of Directors FEC Federal Election Commission FERC Federal Energy Regulatory Commission FHFB Federal Housing Finance Board FLRA Federal Labor Relations Authority FMC Federal Maritime Commission FMSHRC Federal Mine Safety and Health Review Commission FRS Federal Reserve System, Board of Governors FTC Federal Trade Commission FCSC Foreign Claims Settlement Commission MSPB Merit Systems Protection Board NCUA National Credit Union Administration, Board of Directors NLRB National Labor Relations Board NMB National Mediation Board NTSB National Transportation Safety Board NRC Nuclear Regulatory Commission OSHRC Occupational Safety and Health Review Commission PRC Postal Rate Commission RRB Railroad Retirement Board SEC Securities and Exchange Commission STB Surface Transportation Board TVA Tennessee Valley Authority USITC United States International Trade Commission USPC United States Parole Commission USSC United States Sentencing Commission ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32742