For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34744 ------------------------------------------------------------------------------ Order Code RL34744 Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 109th Congress November 14, 2008 Henry Hogue Government and Finance Division Maureen Bearden, Dana Ely, and Terrence Lisbeth Knowledge Services Group Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 109th Congress Summary During the 109th Congress, President George W. Bush submitted nominations to the Senate for 90 of the 152 full-time positions on 33 regulatory and other boards and commissions that have such positions. (Most of the remaining positions were not vacant during that time.) A total of 111 nominations were submitted for these 90 positions, of which 79 were confirmed, 6 were withdrawn, and 26 were returned to the President.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 submitted an "extra" nomination of an individual to whom he had given a recess appointment in order to comply with a law affecting the payment of that appointee. President Bush made 10 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, 12 incumbents were serving past the expiration of their terms. In addition, there were 11 vacancies among the 152 positions. 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 109th Congress, all nominations to full-time positions on 33 regulatory and other collegial boards and commissions. Profiles of each board and commission provide information on their organizational structures, membership as of end of the 109th Congress, 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 33 bodies, and identifying Senate recesses during the 109th 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Characterization of Regulatory and Other Collegial Bodies . . . . . . . . . . . . . 5 Appointments During the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Length of Time to Confirm a Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Organization of the Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Board and Commission Profiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Additional Appointment Information . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chemical Safety and Hazard Investigation Board (CSB) . . . . . . . . . . . . . . . . . . 11 Commodity Futures Trading Commission (CFTC) . . . . . . . . . . . . . . . . . . . . . . . 12 Consumer Product Safety Commission (CPSC) . . . . . . . . . . . . . . . . . . . . . . . . . 13 Defense Nuclear Facilities Safety Board (DNFSB) . . . . . . . . . . . . . . . . . . . . . . . 14 Election Assistance Commission (EAC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . . . . . . . . . 16 Export-Import Bank (EXIMBANK) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Farm Credit Administration (FCA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Federal Communications Commission (FCC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Federal Deposit Insurance Corporation (FDIC), Board of Directors . . . . . . . . . . 20 Federal Election Commission (FEC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Federal Energy Regulatory Commission (FERC) . . . . . . . . . . . . . . . . . . . . . . . . 24 Federal Housing Finance Board (FHFB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Federal Labor Relations Authority (FLRA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Federal Maritime Commission (FMC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Federal Mine Safety and Health Review Commission (FMSHRC) . . . . . . . . . . 28 Federal Reserve System, Board of Governors (FRS) . . . . . . . . . . . . . . . . . . . . . 29 Federal Trade Commission (FTC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Foreign Claims Settlement Commission (FCSC) . . . . . . . . . . . . . . . . . . . . . . . . 31 Merit Systems Protection Board (MSPB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 National Credit Union Administration, Board of Directors (NCUA) . . . . . . . . . 33 National Labor Relations Board (NLRB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 National Mediation Board (NMB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 National Transportation Safety Board (NTSB) . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Nuclear Regulatory Commission (NRC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Occupational Safety and Health Review Commission (OSHRC) . . . . . . . . . . . . 40 Postal Rate Commission (PRC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Railroad Retirement Board (RRB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Securities and Exchange Commission (SEC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Surface Transportation Board (STB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 United States International Trade Commission (USITC) . . . . . . . . . . . . . . . . . . 45 United States Parole Commission (USPC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 United States Sentencing Commission (USSC) . . . . . . . . . . . . . . . . . . . . . . . . . 47 Appendix A. Nominations and Appointments to Regulatory and Other Collegial Boards and Commissions, 109th Congress . . . . . . . . . . . . . 48 Appendix B. Appointment Action, Regulatory and Other Collegial Boards and Commissions, 109th Congress . . . . . . . . . . . . . 53 Appendix C. Senate Intersession Recesses, Intrasession Recesses of Four or More Days, and Numbers of Recess Appointments to Positions on Regulatory and Other Collegial Boards and Commissions, 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Appendix D. Board/Commission Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . 58 List of Tables Table 1. Appointment Action for 33 Regulatory and Other Boards and Commissions During the 109th Congress . . . . . . . . . . . . . 8 Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 109th 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 109th Congress (January 2005-December 2006), all nominations to full-time positions on 33 regulatory and other collegial boards and commissions that have such positions (e.g., the Consumer Product Safety Commission, the Federal Reserve Board, and the Election Assistance Commission). Profiles of each board and commission provide information on their organizational structures, membership as of the end of the 109th 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, often have input during this process. Most boards and commissions are required, by statute, to have a political 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, 5th ed. (Lawrence, KS: University Press of Kansas, 2007), pp. 21-47. 2 Article II, § 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 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 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, provisions added, in 2004, to the Presidential Transition Act of 1963 encourage Presidents-elect to submit, for security clearance, potential nominees to high-level national security positions as soon as possible after the election.3 For positions located within a state (e.g., U.S. attorneys, U.S. marshals, and U.S. district judges), 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.4 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 would consider how it will fare in the confirmation process. 3 3 U.S.C. 102 note. 4 For more on the role of Senators in the appointment of U.S. district judges, see CRS Report RL34405, Role of Home State Senators in the Selection of Lower Federal Court Judges, by Denis Steven Rutkus. CRS-3 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 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 Federal Vacancies Reform Act of 1998.5 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 nominee's 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. On the day the President submits a nomination to the Senate, the Senate's executive clerk refers it to the appropriate committee or committees. When making a referral, the executive clerk is guided by Senate Rule XXV, which establishes the subject matters under the purview of each committee and directs that "all proposed legislation, messages, petitions, memorials, and other matters relating primarily to [those] subjects" be referred to that committee. The executive clerk is also guided by precedents set by prior referrals and by standing orders and unanimous consent (UC) agreements pertaining to referral of nominations.9 Most nominations are sent to a single committee. Occasionally, the Senate has agreed, by unanimous consent, by standing order, or by statute, to refer one or more nominations to more than one committee. 5 P.L. 105-277, Div. C, Title I, sec. 151; 5 U.S.C. § 3345-3349d. For more on the Federal Vacancies Reform Act of 1998, 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, see CRS Report RL30959, Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations, by Henry B. Hogue, Maureen Bearden, and Terrence Lisbeth. CRS-4 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 that are referred to them; 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.10 Although the Senate confirms most nominations, some nominations are not confirmed. Rarely, however, does the full Senate reject a nomination. Most nominations that are not confirmed fail 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.11 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. 10 For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, p. 7. 11 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. William H. Frist, "Nomination to Remain in Status Quo," Congressional Record, daily edition, vol. 152, Sept. 29, 2006, p. S10762. CRS-5 Recess Appointments The Constitution also empowers the President to make limited-term appointments without Senate confirmation when the Senate is in recess.12 Such recess appointments expire at the end of the next full session of Congress. Appendix C provides a table showing the dates of the Senate recesses for the 109th Congress and the number of recess appointments to positions on regulatory and other collegial boards and commissions 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 the appointee even when an earlier nomination is still pending.13 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 financial services and general government appropriations act prohibits payments, from appropriated funds, to an appointee after such a rejection.14 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;15 (2) several members 12 Art. II, § 2, cl. 3. 13 For further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. 14 P.L. 109-115, Div. A, Sec. 809; 119 Stat. 2497. 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. 15 Exceptions are as follows: (1) the Federal Energy Regulatory Commission (FERC), located in the Department of Energy (DOE); (2) the Foreign Claims Settlement Commission (FCSC) and (3) the United States Parole Commission (USPC), both located in the (continued...) CRS-6 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. In this context, fixed terms of office have set beginning and end dates, irrespective of whether the posts are filled or when appointments are made. (In other contexts, in contrast, the full term begins to run when an appointee takes office, and it expires after the incumbent has held the post for the requisite period of time.) The end dates of the fixed terms of a board's members are staggered, so that the terms do not expire all at once. The use of terms with fixed beginning and end dates is intended to minimize the occurrence of simultaneous board member departures and thereby increase leadership continuity. 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, where the unexpired term has been for a very short period, the President has submitted two nominations of the same person simultaneously -- the first to complete the unexpired term and the second to complete 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, 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 result from coincidence, but it may also be the result of a buildup 15 (...continued) Department of Justice (DOJ); and (4) the Surface Transportation Board (STB), located in the Department of Transportation (DOT). FERC's enabling statute designates it as an independent entity in DOE, and provides that its members and employees are not subject to the supervision or direction of department officials (42 U.S.C. § 7171). 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 (22 U.S.C. § 1622g). The enabling statute of the STB provides that "members, employees, and other personnel of the board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent" of DOT (49 U.S.C. § 703(c)). The enabling statute of the USPC establishes it as an independent agency within the Department of Justice (18 U.S.C. § 4202). CRS-7 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).16 Second, advice and consent requirements also apply to inspector general appointments in four of these organizations and general counsel appointments in three. Appointments During the 109th Congress During the 109th Congress, President George W. Bush submitted nominations to the Senate for 90 of the 152 full-time positions on 33 regulatory and other boards and commissions. (Most of the remaining positions were not vacant during that time.) A total of 111 nominations were submitted for these positions, of which 79 were confirmed, 6 were withdrawn, and 26 were returned to the President. The number of nominations exceeded 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 submitted an "extra" nomination of an individual to whom he had given a recess appointment in order to comply with a law affecting the payment of that appointee (see "Recess Appointments," above). President Bush made 10 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 109th Congress. At the end of the Congress,12 incumbents were serving past the expiration of their terms.17 In addition, there were 11 vacancies among the 152 positions. Length of Time to Confirm a Nomination 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. In the board and 16 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. 17 The enabling statutes for some boards and commissions provide for the continuation of a member's service past the end of his or her term for an additional specified period of time, or until replaced by successor. Such provisions are known as holdover provisions. A member of the Defense Nuclear Facilities Safety Board, for example, serves for a term of five years, but "may serve after the expiration of that member's term until a successor has taken office" (42 U.S.C. § 2286(d)(3)). CRS-8 commission profiles following this opening narrative, this report provides, for each board or commission nomination that was confirmed in the 109th Congress, the number of days between nomination and confirmation ("days to confirm"). For those nominations that were confirmed, an average of 96 days elapsed between nomination and confirmation. The median18 number of days elapsed was 50. The difference between these two numbers suggests that the average was pulled upward by a small number of unusually high numbers. These statistics 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.19 The 33 days during the August 2005 recess, the 11 days between the first and second sessions of the 109th Congress, and the 31 days during the August 2006 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 39-day recess during October and November 2006 in order to maintain consistency with similar reports for previous Congresses. Table 1. Appointment Action for 33 Regulatory and Other Boards and Commissions During the 109th Congress Positions on the 33 boards and commissions (total) 152 Positions to which nominations were made 90 Individual nominees 87 Nominations submitted to the Senate during the 109th Congress (total) 111 Disposition of nominations Confirmed by the Senate 79 Withdrawn 6 Returned 26 Recess Appointments (total) 12 Intrasession 10 Intersession 2 Organization of the Report Board and Commission Profiles. Each of the 33 board or commission profiles following the narrative portion of this report is organized into three parts: a paragraph discussing the body's organizational structure, a table identifying its membership as of the end of the 109th Congress, and a table listing nominations and appointments to its positions during the 109th Congress. The organizational sections discuss the statutory requirements for the appointed positions, including the number 18 This median is the middle number when the "days to confirm" data for all the confirmed nominations are arranged in numerical order. 19 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. CRS-9 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. Data20 on appointment actions during the 109th Congress appear under both the sections entitled "Membership as of the End of the 109th Congress" and those entitled "Appointment Action in the 109th Congress." The former identifies the agency's positions requiring Senate confirmation and the incumbents in those positions as of that time. 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, and most of the other positions are at level IV.21 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 was 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 20 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 2004 "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)). 21 The pay rates for the Executive Schedule, as of the end of the 109th Congress (2006), were as follows: Level I, $183,500; Level II, $165,200; Level III, $152,000; Level IV, $143,000; and Level V, $133,900. U.S. Office of Personnel Management "Salary Table 2006-EX," available at [http://www.opm.gov/ oca/06tables/html/ex.asp]. CRS-10 averaging all values in the "Days to confirm" column, including the values for both confirmations. Additional Appointment Information. Appendix A provides, in a single table, information on all of the nominations and appointments to regulatory and other collegial boards and commissions during the 109th Congress, alphabetically organized, and following a similar format to that of the "Appointment Action" sections just discussed. It identifies the board or commission involved and the dates of nomination and confirmation. The appendix also indicates if a nomination was withdrawn, returned, or rejected, or if a recess appointment was made. The mean and median number of days taken to confirm a nomination are also provided.22 Appendix B provides summary information on appointments and nominations by organization. For each of the 33 independent boards and commissions discussed in this report, the appendix provides the number of positions, vacancies, incumbents whose terms have expired, nominations, individual nominees, positions to which nominations were made, confirmations, nominations returned to the President, nominations withdrawn, and recess appointments. Appendix C provides the dates of Senate adjournments during the 109th Congress and the number of recess appointments during each period of adjournment. A list of organization abbreviations can be found in Appendix D. 22 This median is the middle number when the "days to confirm" data for all the confirmed nominations are arranged in numerical order. CRS-11 Chemical Safety and Hazard Investigation Board (CSB) The CSB is an independent agency consisting of five members (no political balance is required), including a chair, who serve five-year terms. The President appoints the members, including the chair, with the advice and consent of the Senate. When a term expires, the incumbent must leave office. (42 U.S.C. § 7412(r)(6)) Membership as of the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Carolyn W. Merritt (Chair) na 08/01/02 08/02/07 IV John S. Bresland na 08/01/02 08/02/07 IV Gary L. Visscher na 11/21/04 11/29/09 IV William B. Wark na 09/15/06 09/22/11 IV William E. Wright na 09/15/06 09/22/11 IV na - not applicable CSB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm William E. Wright na Member Gerald V. Poje 06/26/06 09/15/06 50 William B. Wark na Member Rixio E. Medina 06/26/06 09/15/06 50 Mean number of days to confirm a nomination 50 na - not applicable CRS-12 Commodity Futures Trading Commission (CFTC) The CFTC consists of five members (no more than three may be from the same political party) who serve five-year terms. At the end of a term, a member may remain in office, unless replaced, until the end of the next session of Congress. The chair is also appointed by the President, with the advice and consent of the Senate. (7 U.S.C. § 2(a)(2)) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Reuben Jeffery III (Chair) R 06/30/05 04/13/07 III Michael V. Dunn D 11/21/04 06/19/11 IV Walter Lukken R 08/01/02 04/15/10 IV Frederick W. Hatfield D 10/07/04 04/13/08 IV Vacant 04/13/09 IV CFTC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Reuben Jeffery III R Commissioner Barbara P. Holum 05/17/05 06/30/05 44 Reuben Jeffery III R Chair James E. Newsome 05/17/05 06/30/05 44 Walter Lukken R Commissioner Reappointment 05/25/05 06/30/05 36 Michael V. Dunn D Commissioner Reappointment 06/16/06 08/03/06 48 Jill E. Sommers R Commissioner Sharon Brown-Hruska 12/05/06 Returned 12/09/06 a Mean number of days to confirm a nomination 43 a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-13 Consumer Product Safety Commission (CPSC) The statute establishing the CPSC calls for five members, who serve seven-year terms. During a period that included the 109th Congress, however, funding was authorized for only three of these positions. No more than three of the members may be from the same political party. A member may remain in office for one year at the end of a term, unless replaced. The chair is also appointed by the President, with the advice and consent of the Senate. (15 U.S.C. § 2053) Membership at the End of the 109th Congress a Date first Term Pay Incumbent Party confirmed expires level Nancy A. Nord (Acting Chair) R 04/28/05 10/27/12 III Thomas H. Moore D 04/06/95 10/26/10 IV Vacant 10/27/13 IV Vacant na IV Vacant na IV na - not applicable CPSC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Nancy A. Nord b R Commissioner Mary S. Gall 02/28/05 04/28/05 59 Nancy A. Nord b R Commissioner Reappointment 02/28/05 04/28/05 59 Mean number of days to confirm a nomination 59 a. From FY1993 through the period covered by this report, funds were not available for the compensation and benefits of more than three members of the commission. (P.L. 102-389, Title 3, Oct. 6, 1992; 105 Stat. 1596; 15 U.S.C. § 2053 note). b. The first nomination was to the position formerly held by Mary S. Gall for the remainder of the term expiring October 26, 2005. The second nomination was to the same position for the succeeding term. CRS-14 Defense Nuclear Facilities Safety Board (DNFSB) The DNFSB consists of five members (no more than three may be from the same political party), who serve five-year terms. After a term expires, a member may continue to serve until a successor takes office. The President designates the chair and vice chair. (42 U.S.C. § 2286) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Andrew J. Eggenberger R 10/18/89 10/18/08 III (Chair) John E. Mansfield R 10/30/97 10/18/11 III (Vice Chair) Joseph F. Bader D 11/21/04 10/18/07 III Larry W. Brown R 09/29/06 10/18/10 III Peter S. Winokur D 09/29/06 10/18/09 III DNFSB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Andrew J. R Member Reappointment 06/29/05 12/09/06 453 Eggenberger John E. Mansfield R Member Reappointment 09/05/06 09/29/06 24 Larry W. Brown R Member R. Bruce Matthews 09/05/06 09/29/06 24 Peter S. Winokur D Member John T. Conway 09/05/06 09/29/06 24 Mean number of days to confirm a nomination 131 CRS-15 Election Assistance Commission (EAC) The EAC consists of four members (no more than two may be from the same political party), who serve four-year terms. After a term expires, a member may continue to serve until a successor takes office. The chair and vice chair, from different political parties and designated by the commission, change each year. (42 U.S.C. § 15323) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Paul S. DeGregorio a (Chair) R 12/09/03 12/12/05 IV Gracia M. Hillman a D 12/09/03 12/12/05 IV Donetta Davidson R 07/28/05 12/12/07 IV Vacant 12/12/07 IV EAC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Donetta Davidson R Member DeForest B. Soaries Jr. 07/21/05 07/28/05 7 Caroline C. Hunter R Member Paul S. DeGregorio 09/15/06 Returned 12/09/06 b Rosemary E. Rodriguez D Member Raymundo Martinez III 12/06/06 Returned 12/09/06 b Mean number of days to confirm a nomination 7 a. The terms of the incumbents shown in italics had expired. In each case, the incumbent continued to serve under the holdover provision noted above. b. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-16 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 successor's nomination was submitted. The President designates the chair. The President also appoints the general counsel, with the advice and consent of the Senate. (42 U.S.C. § 2000e-4(a)) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Commissioners Naomi C. Earp (Chair ) R 10/31/03 07/01/10 IV Leslie E. Silverman (Vice R 03/01/02 07/01/08 IV Chair) Stuart Ishimaru D 10/31/03 07/01/07 IV Christine M. Griffin D 10/21/05 07/01/09 IV Vacant 07/01/11 IV General Counsel Ronald S. Cooper na a 03/27/06 4 years V na - not applicable EEOC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Christine M. Griffin D Member Paul S. Miller 07/28/05 10/21/05 52 Naomi C. Earp R Member Reappointment 07/29/05 10/21/05 51 Ronald S. Cooper na a General Eric S. Dreiband 03/27/06 07/26/06 121 Counsel David Palmer R Member Cari M. Dominguez 09/15/06 Returned 12/09/06 b Mean number of days to confirm a nomination 75 na - not applicable a. The provision establishing the general counsel position does not include requirements with regard to political affiliation. b. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-17 Export-Import Bank (EXIMBANK) 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) The President also appoints an inspector general, with the advice and consent of the Senate. (5 U.S.C. App., Inspector General Act of 1978, § 11) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Board of Directors James H. Lambright R 07/26/06 01/20/09 III (President/Chair) Linda M. Conlin (Vice R 11/21/04 01/20/09 IV President/Vice Chair) J. Max Cleland D 12/09/03 01/20/07 IV a Bijan Rafiekian R 09/29/06 01/20/07 IV J. Joseph Grandmaison D 12/20/01 01/20/09 IV Inspector General Vacant b na c Indefinite d IV na - not applicable EXIMBANK Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm James H. Lambright R President Philip Merrill 02/13/06 07/26/06 163 Linda M. Conlin R Vice President April H. Foley 06/26/06 07/26/06 30 J. Joseph Grandmaison D Member Reappointment 06/26/06 07/26/06 30 Bijan Rafiekian R Member Linda M. Conlin 07/21/06 09/29/06 39 c b Michael W. Tankersley na Inspector New position 12/05/06 Returned 12/09/06 General Mean number of days to confirm a nomination 66 na - not applicable a. Rafiekian is known as Bijan R. Kian on the EXIMBANK Website [http://www.exim.gov]. b. This position was established by P.L. 107-189, § 22. Tankersley was the first nominee to the position. He was later confirmed, in the 110th Congress. c. The provision establishing the inspector general position does not include requirements with regard to political affiliation. d. The position does not have a fixed term. The President may remove an incumbent from office. During the period covered by this report, the Inspector General Act directed the President to "communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appendix, § 3(b)). CRS-18 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 himself or herself unless he or she was first appointed to complete an unexpired term of three years or less. A member whose term expires may continue to serve until a successor takes office. The President designates the chair. (12 U.S.C. § 2242) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Nancy C. Pellett (Chair) R 11/14/02 05/31/08 III Douglas L. Flory a R 08/01/02 10/13/06 IV Dallas Tonsager D 11/21/04 05/21/10 IV FCA Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Leland A. Strom R Member Douglas L. Flory 08/01/06 12/09/06 99 a. The term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above. CRS-19 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, unless a successor is appointed before that time. The President designates the chair. (47 U.S.C. § 154) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Kevin J. Martin (Chair) R 05/25/01 06/30/11 III Michael J. Copps D 05/25/01 06/30/10 IV Jonathan S. Adelstein D 11/14/02 06/30/08 IV Deborah T. Tate R 12/21/05 06/30/07 IV Robert M. McDowell R 05/26/06 06/30/09 IV FCC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Michael J. Copps D Member Reappointment 11/09/05 12/21/05 42 Deborah T. Tate R Member Michael K. Powell 11/09/05 12/21/05 42 Robert M. McDowell R Member Kathleen Q. Abernathy 02/06/06 05/26/06 109 Kevin J. Martin R Member Reappointment 04/25/06 11/16/06 174 Mean number of days to confirm a nomination 92 CRS-20 Federal Deposit Insurance Corporation (FDIC), Board of Directors The FDIC board of directors 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 serve six-year terms. Not more than three of the members of the board of directors may be from the same political party. When a term expires, the member may continue to serve until a successor is appointed. The President appoints the chair and the vice chair, with the advice and consent of the Senate, from among the appointed officers. The chair is appointed for a term of five years. (12 U.S.C.§ 1812) The President also appoints the inspector general, with the advice and consent of the Senate. (5 U.S.C. Appendix, Inspector General Act of 1978, § 11) Full-Time Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Board of Directors Sheila C. Bair (Chair) R 06/15/06 07/15/13 III Martin J. Gruenberg (Vice D 07/29/05 12/27/12 IV Chair) Thomas J. Curry I 12/09/03 12/12/09 IV Inspector General Jon T. Rymer na a 06/22/06 Indefinite b IV na - not applicable FDIC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Martin J. Gruenberg D Member John M. Reich c 07/22/05 07/29/05 7 Martin J. Gruenberg D Member Reappointment c 07/22/05 07/29/05 7 Martin J. Gruenberg D Vice Chair John M. Reich c 07/22/05 07/29/05 7 Jon T. Rymer na a Inspector Gaston L. Gianni Jr. 02/14/06 06/22/06 128 General Sheila C. Bair R Member Donald E. Powell d 05/02/06 06/15/06 44 Sheila C. Bair R Member Reappointment d 05/02/06 06/15/06 44 Sheila C. Bair R Chair Donald E. Powell d 05/02/06 06/15/06 44 Mean number of days to confirm a nomination 40 na - not applicable CRS-21 a. The provision establishing the inspector general position does not include requirements with regard to political affiliation. b. The position does not have a fixed term. The President may remove an incumbent from office. During the period covered by this report, the Inspector General Act directed the President to "communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appendix, § 3(b)). c. The first nomination was to the position formerly held by Reich for the remainder of the term expiring on December 27, 2006. The second nomination was to the same position for the succeeding six-year term. The third nomination was to the position of vice chair. d. The first nomination was to the position formerly held by Powell for the remainder of the term expiring on July 15, 2007. The second nomination was to the same position for the succeeding six-year term. The third nomination was to a five-year term as chair. CRS-22 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level a Robert D. Lenhard (Chair) D 04/30/11 c IV David M. Mason b (Vice Chair) R 07/30/98 04/30/04 IV Michael E. Toner R 03/18/03 04/30/07 IV Ellen L. Weintraub D 03/18/03 04/30/07 IV a Hans von Spakovsky R 04/30/11 c IV a Steven T. Walther D 04/30/09 c IV FEC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm David M. Mason R Member Reappointment 12/16/05 Returned 12/09/06 d Steven T. Walther D Member Scott E. Thomas 12/16/05 Returned 12/09/06 d Hans von Spakovsky R Member Bradley A. Smith 12/16/05 Returned 12/09/06 d Robert D. Lenhard D Member Danny L. McDonald 12/16/05 Returned 12/09/06 d Robert D. Lenhard D Member Recess Appointment 01/04/06 c Hans von Spakovsky R Member Recess Appointment 01/04/06 c Steven T. Walther D Member Recess Appointment 01/04/06 c Steven T. Walther e D Member Scott E. Thomas 02/10/06 Returned 12/09/06 d Hans von Spakovsky e R Member Bradley A. Smith 02/10/06 Returned 12/09/06 d Robert D. Lenhard e D Member Danny L. McDonald 02/10/06 Returned 12/09/06 d a. None of these commissioners were confirmed, as of the end of the 109th Congress. They were recess appointees, as shown. b. The term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above. c. Lenhard, von Spakovsky, and Walther were recess appointed to positions with terms that were to expire as shown. Recess appointments are always limited in duration, however, regardless of the term of office of a particular position. In each of these cases, the incumbent's recess CRS-23 appointment expired at the end of the first session of the 110th Congress, prior to the expiration of the term of the position. d. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. e. 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 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-24 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Joseph T. Kelliher (Chair) R 11/07/03 06/30/07 III Suedeen G. Kelly D 11/07/03 06/30/09 IV Philip D. Moeller R 07/14/06 06/30/10 IV Jon Wellinghoff D 07/14/06 06/30/08 IV Marc Spitzer R 07/14/06 06/30/11 IV FERC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Philip D. Moeller R Commissioner Patrick H. Wood III 03/07/06 07/14/06 129 Jon Wellinghoff D Commissioner William L. Massey 03/07/06 07/14/06 129 Marc Spitzer R Commissioner Nora M. Brownell 06/12/06 07/14/06 32 Mean number of days to confirm a nomination 97 CRS-25 Federal Housing Finance Board (FHFB)23 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))24 Full-Time Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Ronald A. Rosenfeld (Chair) a R 03/16/05 02/27/09 III Allan I. Mendelowitz D 11/29/01 02/27/07 IV Alicia K. Castaneda R 12/09/03 02/27/11 IV Geoffrey S. Bacino D 07/26/06 02/27/13 IV FHFB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Ronald A. Rosenfeld R Director John T. Korsmo 01/24/05 03/16/05 51 Geoffrey S. Bacino D Director Franz S. Leichter 06/16/06 07/26/06 40 Mean number of days to confirm a nomination 46 a. At the end of the 108th Congress, on December 14, 2004, Rosenfeld was recess appointed to the board. The President designated him as chair. His recess appointment would have expired at the end of the first session of the 109th Congress, by which time he had been confirmed as shown. 23 P.L. 110-289, § 1311 (122 Stat. 2797) provided for the abolishment of FHFB, effective one year from the statute's July 30, 2008, enactment. 24 P.L. 110-289, § 1204 (122 Stat. 2785) repealed this section, but it was in effect during the period covered by this report. CRS-26 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, unless a successor is appointed before that time. The President designates the chair. The general counsel is also appointed by the President, with the advice and consent of the Senate. (5 U.S.C. § 7104) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Members Dale Cabaniss (Chair) R 11/09/97 07/29/07 IV Carol W. Pope a D 10/26/00 07/01/04 V b Wayne C. Beyer R 07/01/10 c V General Counsel Colleen D. Kiko na d 10/07/05 Five years e V na - not applicable FLRA Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Colleen D. Kiko na d General Peter Eide 06/23/05 10/07/05 73 Counsel Wayne C. Beyer R Member Othoniel Armendariz 06/06/06 Returned 12/09/06 f Wayne C. Beyer R Member Recess appointment 12/20/06 c Mean number of days to confirm a nomination 73 na - not applicable a. The term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above. b. Beyer had not been confirmed, as of the end of the 109th Congress. He was a recess appointee, as shown. c. Beyer was recess appointed to a seat with a term that was to expire July 1, 2010. Recess appointments are always limited in duration, however, regardless of the term of office of a particular position. In this case, Beyer's recess appointment expired at the end of the first session of the 110th Congress, prior to the expiration of the term of the position. d. The provision establishing the general counsel position does not include requirements with regard to political affiliation. e. The general counsel is appointed for a term of five years. f. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-27 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. § 301; Reorganization Plan No. 7 of 1961) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Joseph E. Brennan D 11/10/99 06/30/08 IV Harold J. Creel, Jr. D 08/17/94 06/30/09 IV Rebecca F. Dye R 11/14/02 6/30/10 IV A. Paul Anderson R 05/05/04 06/30/07 IV Vacant 06/30/11 IV FMC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Rebecca F. Dye R Commissioner Reappointment 07/12/05 07/22/05 10 CRS-28 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Michael F. Duffy (Chair) na 11/19/02 08/30/12 a III Mary L. Jordan na 04/14/94 08/30/08 IV Michael G. Young na 07/31/03 08/30/08 IV Vacant 08/30/10 IV Vacant 08/30/12 IV na - not applicable FMSHRC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Arlene Holen na Commissioner Robert H. Beatty Jr. 05/23/05 Returned 09/29/06 b Michael F. Duffy na Commissioner Reappointment 08/01/06 Returned 12/09/06 c Michael F. Duffy na Commissioner Recess Appointment 8/31/06 a Michael F. Duffy d na Commissioner Reappointment 09/07/06 Returned 12/09/06 c Arlene Holen na Commissioner Robert H. Beatty Jr. 11/14/06 Returned 12/09/06 c a. Duffy was recess appointed to a seat with a term that was to expire August 30, 2012. Recess appointments are always limited in duration, however, regardless of the term of office of a particular position. In this case, Duffy's recess appointment expired at the end of the first session of the 110th Congress, prior to the expiration of the term of the position. b. Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. c. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. 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, both nominations were returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-29 Federal Reserve System, Board of Governors (FRS) 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. (12 U.S.C. §§ 241, 242) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Ben S. Bernanke (Chair) na 10/24/03 01/31/20 II Donald L. Kohn (Vice Chair) na 07/31/02 01/31/16 III Susan S. Bies na 12/06/01 01/31/12 III Frederic S. Mishkin na 07/26/06 01/31/14 III Randall S. Kroszner na 02/17/06 01/31/08 III Kevin M. Warsh na 02/17/06 01/31/18 III Vacant na 01/31/10 III na - not applicable FRS Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Ben S. Bernanke na Member Alan Greenspan 11/01/05 01/31/06 80 Ben S. Bernanke na Chair Alan Greenspan 11/01/05 01/31/06 80 Randall S. Kroszner na Member Edward M. Gramlich 01/27/06 02/17/06 21 Kevin M. Warsh na Member Ben S. Bernanke 01/27/06 02/17/06 21 Donald L. Kohn na Vice Chair Roger W. Ferguson Jr. 05/18/06 06/19/06 32 Frederic S. Mishkin na Member Roger W. Ferguson Jr. 06/29/06 07/26/06 27 Mean number of days to confirm a nomination 44 na - not applicable CRS-30 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Deborah P. Majoras (Chair) R 11/21/04 09/25/08 III Pamela J. Harbour I 07/23/03 09/25/09 IV Jonathan D. Leibowitz D 11/21/04 09/25/10 IV William E. Kovacic R 12/17/05 09/25/11 IV J. Thomas Rosch R 12/17/05 09/25/12 IV FTC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm William E. Kovacic R Commissioner Orson Swindle 07/28/05 12/17/05 109 J. Thomas Rosch R Commissioner Thomas B. Leary 09/29/05 12/17/05 79 Mean number of days to confirm a nomination 94 CRS-31 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, 1622c) Full-Time Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Mauricio J. Tamargo (Chair) na 01/25/02 09/30/09 V na - not applicable FCSC Appointment Action in the 109th Congress a Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Mauricio J. Tamargo na Chair Reappointment 02/06/06 03/13/06 35 na - not applicable a. Nominations for part-time positions at the Foreign Claims Settlement Commission also occurred during the 109th Congress. This report covers only full-time positions; the part-time nominations are not included in this table. CRS-32 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, unless a successor is appointed before that time. The President appoints the chair, with the advice and consent of the Senate, and designates the vice chair. (5 U.S.C. §§ 1201-1203) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Neil A. G. McPhie (Chair) R 11/21/04 03/01/09 III Mary M. Rose (Vice Chair) R 12/17/05 03/01/11 IV Barbara J. Sapin D 11/21/04 03/01/07 IV MSPB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Mary M. Rose R Member Susanne T. Marshall 06/23/05 12/17/05 144 CRS-33 National Credit Union Administration, Board of Directors (NCUA) The NCUA consists of three members (no more than two members may be from the same political party), who serve six-year terms. When a term expires, a member may continue to serve until a successor takes office. The President designates the chair. (12 U.S.C. § 1752a) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level JoAnn M. Johnson (Chair) R 03/22/02 08/02/07 III Rodney E. Hood R 11/07/05 04/10/09 IV Gigi Hyland D 11/07/05 08/02/11 IV NCUA Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Rodney E. Hood R Member Dennis Dollar 05/09/05 11/07/05 149 Gigi Hyland D Member Deborah Matz 09/29/05 11/07/05 39 Mean number of days to confirm a nomination 94 CRS-34 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, with the advice and consent of the Senate. (29 U.S.C. § 153) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Board Robert J. Battista (Chair) R 11/14/02 12/16/07 III Peter C. Schaumber R 11/14/02 08/27/10 IV Wilma B. Liebman D 11/14/02 08/27/11 IV a Peter Kirsanow R 08/27/08 b IV a Dennis P. Walsh D 12/16/09 b IV General Counsel Ronald E. Meisburg na c 08/03/06 08/13/10 IV na - not applicable NLRB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Ronald E. Meisburg R Member Rene Acosta 01/24/05 Withdrawn 06/29/05 Dennis P. Walsh D Member Reappointment 04/27/05 Returned 12/09/06 d Ronald E. Meisburg na c General Arthur F. Rosenfeld 06/29/05 08/03/06 356 Counsel Peter C. Schaumber R Member Reappointment 06/29/05 08/03/06 356 Peter C. Schaumber R Member Recess Appointment 08/31/05 e Peter C. Schaumber f R Member Reappointment 09/19/05 08/03/06 307 Peter N. Kirsanow R Member Ronald E. Meisburg 11/16/05 Returned 12/09/06 d Ronald E. Meisburg na c General Recess Appointment 01/04/06 g Counsel Peter N. Kirsanow R Member Recess Appointment 01/04/06 b Dennis P. Walsh D Member Recess Appointment 01/17/06 b Dennis P. Walsh h D Member Reappointment 02/10/06 Returned 12/09/06 d Ronald E. Meisburg i na c General Arthur F. Rosenfeld 02/10/06 Returned 12/09/06 d Counsel CRS-35 Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Peter N. Kirsanow h D Member Ronald E. Meisburg 02/10/06 Returned 12/09/06 d Wilma B. Liebman D Member Reappointment 08/01/06 08/03/06 2 Mean number of days to confirm a nomination 255 na - not applicable a. Neither of these board members was confirmed, as of the end of the 109th Congress. They were recess appointees, as shown. b. Kirsanow and Walsh were recess appointed to positions with terms that were to expire as shown. Recess appointments are always limited in duration, however, regardless of the term of office of a particular position. In each of these cases, the incumbent's recess appointment expired at the end of the first session of the 110th Congress, prior to the expiration of the term of the position. c. The provision establishing the general counsel position does not include requirements with regard to political affiliation. d. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. e. Schaumber's recess appointment would have expired at the end of the 109th Congress, by which time he had been confirmed, as shown. f. 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, to the same term of the same position, were confirmed. g. Meisburg's recess appointment would have expired at the end of the first session of the 110th Congress, by which time he had been confirmed, as shown. h. 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 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. i. 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 original nomination was confirmed, and the duplicate nomination was returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-36 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 may continue to serve until a successor takes office. The board annually designates a chair. (45 U.S.C. § 154) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Elizabeth Dougherty (Chair) R 12/09/06 07/01/10 III Harry R. Hoglander D 08/01/02 07/01/08 IV Read Van de Water a R 12/03/03 07/01/06 IV NMB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Harry R. Hoglander D Member Reappointment 03/27/06 12/09/06 226 Peter W. Tredick b R Member Edward Fitzmaurice Jr. 03/27/06 Withdrawn 11/14/06 Elizabeth Dougherty c R Member Read Van de Water 05/25/06 Withdrawn 11/14/06 Peter W. Tredick b R Member Reappointment 07/18/06 Withdrawn 11/14/06 Elizabeth Dougherty c R Member Edward Fitzmaurice Jr. 11/14/06 12/09/06 25 Elizabeth Dougherty c R Member Reappointment 11/14/06 12/09/06 25 Peter W. Tredick b R Member Read Van de Water 11/14/06 Returned 12/09/06 d Mean number of days to confirm a nomination 92 a. The term of the incumbent shown in italics had expired. She continued to serve under the holdover provision noted above. b. Tredick's first nomination (withdrawn) was to the position formerly held by Fitzmaurice for a term expiring July 1, 2007. The second nomination (withdrawn) was to the same position for the succeeding three-year term, expiring July 1, 2010. The third nomination (returned to the President) was to the position held by Van de Water, for a term expiring July 1, 2009. c. Dougherty's first nomination (withdrawn) was to the position held by Van de Water, for a term expiring July 1, 2009. The second nomination (confirmed) was to the position formerly held by Fitzmaurice for a term expiring July 1, 2007. The third nomination (confirmed) was to the same position for the succeeding three-year term, expiring July 1, 2010. d. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-37 National Transportation Safety Board (NTSB) The NTSB 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Mark V. Rosenker (Chair) R 03/19/03 12/31/10 III Robert L. Sumwalt III (Vice R 08/03/06 12/31/11 IV Chair) Deborah A. P. Hersman D 03/02/04 12/31/08 IV Kathryn O. Higgins D 12/17/05 12/31/09 IV Steven R. Chealander R 12/09/06 12/31/07 IV NTSB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Mark V. Rosenker R Member Reappointment 04/04/05 12/17/05 224 Ellen G. Engleman R Chair Reappointment 04/04/05 Withdrawn 12/13/05 (Conners) a Kathryn O. Higgins D Member Carol J. Carmody 07/28/05 12/17/05 109 Mark V. Rosenker R Chair Ellen G. Engleman 04/24/06 08/03/06 101 (Conners) a Robert L. Sumwalt III b R Member Richard F. Healing 06/06/06 08/03/06 58 Robert L. Sumwalt III b R Member Reappointment 06/06/06 08/03/06 58 Steven R. Chealander R Member Ellen G. Engleman 09/21/06 12/09/06 79 (Conners) a Mean number of days to confirm a nomination 105 a. The surname of this nominee is shown in various forms in the nominations database. It is shown in this way consistently in this report for clarity. b. The first nomination was to the position formerly held by Healing for the remainder of the term expiring on December 31, 2006. The second nomination was to the same position for the succeeding five-year term. CRS-38 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 and 5 U.S.C. Appendix 3) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Commissioners Dale E. Klein (Chair) R 05/26/06 06/30/11 II Edward McGaffigan Jr. D 08/02/96 06/30/10 III Jeffrey S. Merrifield R 10/21/98 06/30/07 III Gregory B. Jaczko D 05/26/06 06/30/08 III Peter B. Lyons R 05/26/06 06/30/09 III Inspector General Hubert T. Bell na a 06/11/96 Indefinite b IV na-not applicable NRC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Albert H. Konetzi R Member Richard A. Meserve 01/04/05 Withdrawn 07/29/05 Gregory B. Jaczko D Member Greta J. Dicus 01/04/05 05/26/06 463 Gregory B. Jaczko D Member Recess Appointment 01/19/05 c Peter B. Lyons R Member Recess Appointment 01/19/05 c Gregory B. Jaczko d D Member Greta J. Dicus 02/14/05 05/26/06 422 Peter B. Lyons R Member Richard A. Meserve 02/14/05 05/26/06 422 Edward McGaffigan Jr. D Member Reappointment 07/28/05 10/07/05 38 Dale Klein R Member Nils J. Diaz 04/27/06 05/26/06 29 Mean number of days to confirm a nomination 275 a. The provision establishing the inspector general position does not include requirements with regard to political affiliation. b. The position does not have a fixed term. The President may remove an incumbent from office. During the period covered by this report, the Inspector General Act directed the President to "communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appendix, § 3(b)). CRS-39 c. Jaczko's and Lyons's recess appointments would have expired at the end of the 109th Congress, by which time they had been 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 Jaczko's case, both nominations were confirmed. CRS-40 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level W. Scott Railton (Chair) na 07/31/03 04/27/07 III Thomasina Rogers na 07/31/03 04/27/09 IV Horace A. Thompson III na 05/19/06 04/27/11 IV na-not applicable OSHRC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Horace A. Thompson na Member James M. Stephens 09/28/05 05/19/06 222 III na-not applicable CRS-41 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, unless a successor is appointed before that time. The President designates the chair. The commissioners designate the vice chair. (39 U.S.C. § 3601) [The Postal Rate Commission became the Postal Regulatory Commission, as provided in Section 604 of P. L. 109-435, the Postal Accountability and Enhancement Act, enacted on December 20, 2006.] Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level George A. Omas a (Chair) R 06/11/97 10/14/06 III Dawn A. Tisdale a (Vice D 11/21/04 11/22/06 IV Chair) Tony Hammond R 11/12/02 10/14/10 IV Ruth Y. Goldway D 11/12/02 11/22/08 IV Mark D. Acton R 08/03/06 10/14/10 IV Dan G. Blair b R 12/09/06 10/14/12 IV PRC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Tony Hammond R Commissioner Reappointment 01/24/05 05/26/05 122 Mark D. Acton R Commissioner Dana B. Covington Sr. 11/07/05 08/03/06 258 Dan G. Blair R Commissioner George A. Omas 11/13/06 12/09/06 26 Mean number of days to confirm a nomination 135 a. The terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above. b. Blair was designated chair on December 15, 2006. CRS-42 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 and 5 U.S.C. Appendix 3) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Board Michael S. Schwartz (Chair; na 05/23/03 08/28/07 III Member-at-Large) Virgil M. Speakman Jr. a na 08/12/92 08/28/04 IV (Labor Member) Jerome F. Kever a na 05/24/00 08/28/03 IV (Management Member) Inspector General Martin J. Dickman na 10/08/94 Indefinite b IV na - not applicable a. The terms of the incumbents shown in italics had expired. They continued to serve under the holdover provision noted above. b. This position does not have a fixed term. The President may remove an incumbent from office. During the period covered by this report, the Inspector General Act directed the President to "communicate the reasons for any such removal to both Houses of Congress" (5 U.S.C. Appendix, § 3(b)). No RRB Appointment Action in the 109th Congress CRS-43 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, unless a successor is appointed before that time. The President designates the chair. (15 U.S.C. § 78d) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Christopher Cox (Chair) R 07/29/05 06/05/09 III Paul S. Atkins R 07/25/02 06/05/08 IV Roel C. Campos D 07/25/02 06/05/10 IV Annette L. Nazareth D 07/29/05 06/05/07 IV Kathleen L. Casey R 06/15/06 06/05/11 IV SEC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Christopher Cox R Member Harvey J. Goldschmid 06/30/05 07/29/05 29 Roel C. Campos D Member Reappointment 07/22/05 07/29/05 7 Annette L. Nazareth D Member William H. Donaldson 07/22/05 07/29/05 7 Kathleen L. Casey R Member Cynthia A. Glassman 05/18/06 06/15/06 28 Mean number of days to confirm a nomination 18 CRS-44 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Charles D. Nottingham R 08/03/06 12/31/10 III (Chair) Francis P. Mulvey (Vice D 05/21/04 12/31/07 IV Chair) W. Douglas Buttrey R 05/21/04 12/31/08 IV STB Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Charles D. Nottingham R Member Roger P. Nober 06/05/06 08/03/06 59 CRS-45 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 at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Daniel R. Pearson (Chair) R 11/21/04 06/16/11 III Shara L. Aranoff (Vice Chair) D 07/29/05 12/16/12 IV Jennifer A. Hillman D 07/30/98 12/16/06 IV Stephen Koplan a D 07/30/98 06/16/05 IV Deanna T. Okun R 11/19/99 06/16/08 IV Charlotte R. Lane R 11/21/04 12/16/09 IV USITC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm Shara L. Aranoff D Member Marcia E. Miller 04/27/05 07/29/05 93 Dean A. Pinkert D Member Jennifer A. Hillman 09/07/06 Returned 12/09/06 b Irving A. Williamson D Member Stephen Koplan 09/07/06 Returned 12/09/06 b a. The term of the incumbent shown in italics had expired. He continued to serve under the holdover provision noted above. b. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-46 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, but no commissioner may serve more than 12 years. The President designates the chair. (18 U.S.C. § 4202) The commission was previously scheduled to be phased out, but its life has been extended several times by Congress. Under P.L. 110-312, § 2 (122 Stat. 3013), it was extended until November 1, 2011. (18 U.S.C. § 4202) Membership at the End of the 109th Congress Date first Term Pay Incumbent Party confirmed expires level Edward F. Reilly, Jr. (Chair) na 08/12/91 IV For all positions, Cranston J. Mitchell (Vice na 03/06/03 6 years from V Chair) appointment or when Deborah Ann Spagnoli na 11/21/04 commission is V phased out Isaac Fulwood, Jr. na 11/21/04 V Patricia Cushwa na 11/21/04 V na - not applicable No USPC Appointment Action in the 109th Congress CRS-47 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, with the advice and consent of the Senate, 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, whichever 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) Full-Tme Membership as of December 9, 2006 Date first Term Pay Incumbent Party confirmed expires level Ricardo Hinojosa (Chair) R 11/21/04 10/31/07 Same as a rate for Ruben Castillo (Vice Chair) 11/10/99 10/31/09 federal appeals William K. Sessions III (Vice D 11/10/99 10/31/09 court Chair) judges John R. Steer b (Vice Chair) R 11/10/99 10/31/05 USSC Appointment Action in the 109th Congress Nominee/recess Date Date Days to appointee Party Position To replace nominated confirmed confirm John R. Steer R Commissioner Reappointment 12/06/06 Returned 12/09/06 c John R. Steer R Commissioner Recess appointment 12/12/06 b a. Party balance is statutorily required, as discussed above, but the commission staff does not collect this information. For this member, alternative sources of information could not be located. b. The term of the incumbent shown in italics had expired. Because his term expired during the first session of the 109th Congress, he would have been able to continue to serve until the sine die adjournment of Congress at the end of the second session under the holdover provision noted above. The House and Senate each adjourned sine die on Friday, December 8, 2006. The President recess appointed Steer to a succeeding term in the same position on Tuesday, December 12, 2006, as shown, and he designated Steer as a vice chair. This term as commissioner was to expire on October 31, 2011. Recess appointments are always limited in duration, however, regardless of the term of office of a particular position. In this case, the incumbent's recess appointment expired at the end of the first session of the 110th Congress, prior to the expiration of the term of the position. c. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate. CRS-48 Appendix A. Nominations and Appointments to Regulatory and Other Collegial Boards and Commissions, 109th Congress Board/ Nomination Confirmation Days to Nominee/recess appointee Commission a date date confirm Mark D. Acton PRC 11/07/05 08/03/06 258 Shara L. Aranoff USITC 04/27/05 07/29/05 93 Geoffrey S. Bacino FHFB 06/16/06 07/26/06 40 Sheila C. Bair (Member) FDIC 05/02/06 06/15/06 44 Sheila C. Bair (Member) FDIC 05/02/06 06/15/06 44 Sheila C. Bair (Chair) FDIC 05/02/06 06/15/06 44 Ben S. Bernanke (Member) FRS 11/01/05 01/31/06 80 Ben S. Bernanke (Chair) FRS 11/01/05 01/31/06 80 Wayne C. Beyer FLRA 06/06/06 Returned 12/09/06 Wayne C. Beyer FLRA Recess appointment 12/20/06 Dan G. Blair PRC 11/13/06 12/09/06 26 Larry W. Brown DNFSB 09/05/06 09/29/06 24 Roel C. Campos SEC 07/22/05 07/29/05 7 Kathleen L. Casey SEC 05/18/06 06/15/06 28 Steven R. Chealander NTSB 09/21/06 12/09/06 79 Linda M. Conlin EXIMBANK 06/26/06 07/26/06 30 Ronald S. Cooper EEOC 03/27/06 07/26/06 121 Michael J. Copps FCC 11/09/05 12/21/05 42 Christopher Cox SEC 06/30/05 07/29/05 29 Donetta Davidson EAC 07/21/05 07/28/05 7 Elizabeth Dougherty NMB 05/25/06 Withdrawn 11/14/06 Elizabeth Dougherty NMB 11/14/06 12/09/06 25 Elizabeth Dougherty NMB 11/14/06 12/09/06 25 Michael F. Duffy FMSHRC 08/01/06 Returned 12/09/06 Michael F. Duffy FMSHRC Recess Appointment 8/31/06 Michael F. Duffy FMSHRC 09/07/06 Returned 12/09/06 Michael V. Dunn CFTC 06/16/06 08/03/06 48 Rebecca F. Dye FMC 07/12/05 07/22/05 10 CRS-49 Board/ Nomination Confirmation Days to Nominee/recess appointee Commission a date date confirm Naomi C. Earp EEOC 07/29/05 10/21/05 51 Andrew J. Eggenberger DNFSB 06/29/05 12/09/06 453 Ellen G. Engleman (Conners) NTSB 04/04/05 Withdrawn 12/13/05 J. Joseph Grandmaison EXIMBANK 06/26/06 07/26/06 30 Christine M. Griffin EEOC 07/28/05 10/21/05 52 Martin J. Gruenberg (Member) FDIC 07/22/05 07/29/05 7 Martin J. Gruenberg (Member) FDIC 07/22/05 07/29/05 7 Martin J. Gruenberg (Vice Chair) FDIC 07/22/05 07/29/05 7 Tony Hammond PRC 01/24/05 05/26/05 122 Kathryn O. Higgins NTSB 07/28/05 12/17/05 109 Harry R. Hoglander NMB 03/27/06 12/09/06 226 Arlene Holen FMSHRC 05/23/05 Returned 09/29/06 Arlene Holen FMSHRC 11/14/06 Returned 12/09/06 Rodney E. Hood NCUA 05/09/05 11/07/05 149 Caroline C. Hunter EAC 09/15/06 Returned 12/09/06 Gigi Hyland NCUA 09/29/05 11/07/05 39 Gregory B. Jaczko NRC 01/04/05 05/26/06 463 Gregory B. Jaczko NRC Recess Appointment 01/19/05 Gregory B. Jaczko NRC 02/14/05 05/26/06 422 Reuben Jeffery III (Commissioner) CFTC 05/17/05 06/30/05 44 Reuben Jeffery III (Chair) CFTC 05/17/05 06/30/05 44 Colleen D. Kiko FLRA 06/23/05 10/07/05 73 Peter N. Kirsanow NLRB 11/16/05 Returned 12/09/06 Peter N. Kirsanow NLRB Recess Appointment 01/04/06 Peter N. Kirsanow NLRB 02/10/06 Returned 12/09/06 Dale Klein NRC 04/27/06 05/26/06 29 Donald L. Kohn (Vice Chair) FRS 05/18/06 06/19/06 32 Albert H. Konetzi NRC 01/04/05 Withdrawn 07/29/05 William E. Kovacic FTC 07/28/05 12/17/05 109 Randall S. Kroszner FRS 01/27/06 02/17/06 21 James H. Lambright EXIMBANK 02/13/06 07/26/06 163 CRS-50 Board/ Nomination Confirmation Days to Nominee/recess appointee Commission a date date confirm Robert D. Lenhard FEC 12/16/05 Returned 12/09/06 Robert D. Lenhard FEC Recess Appointment 01/04/06 Robert D. Lenhard FEC 02/10/06 Returned 12/09/06 Wilma B. Liebman NLRB 08/01/06 08/03/06 2 Walter Lukken CFTC 05/25/05 06/30/05 36 Peter B. Lyons NRC Recess Appointment 01/19/05 Peter B. Lyons NRC 02/14/05 05/26/06 422 John E. Mansfield DNFSB 09/05/06 09/29/06 24 Kevin J. Martin FCC 04/25/06 11/16/06 174 David M. Mason FEC 12/16/05 Returned 12/09/06 Robert M. McDowell FCC 02/06/06 05/26/06 109 Edward McGaffigan Jr. NRC 07/28/05 10/07/05 38 Ronald E. Meisburg (Member) NLRB 01/24/05 Withdrawn 06/29/05 Ronald E. Meisburg (General NLRB 06/29/05 08/03/06 356 Counsel) Ronald E. Meisburg (General NLRB Recess Appointment 01/04/06 Counsel) Ronald E. Meisburg (General NLRB 02/10/06 Returned 12/09/06 Counsel) Frederic S. Mishkin FRS 06/29/06 07/26/06 27 Philip D. Moeller FERC 03/07/06 07/14/06 129 Annette L. Nazareth SEC 07/22/05 07/29/05 7 Nancy A. Nord CPSC 02/28/05 04/28/05 59 Nancy A. Nord CPSC 02/28/05 04/28/05 59 Charles D. Nottingham STB 06/05/06 08/03/06 59 David Palmer EEOC 09/15/06 Returned 12/09/06 Dean A. Pinkert USITC 09/07/06 Returned 12/09/06 Bijan Rafiekian EXIMBANK 07/21/06 09/29/06 39 Rosemary E. Rodriguez EAC 12/06/06 Returned 12/09/06 J. Thomas Rosch FTC 09/29/05 12/17/05 79 Mary M. Rose MSPB 06/23/05 12/17/05 144 Ronald A. Rosenfeld FHFB 01/24/05 03/16/05 51 Mark V. Rosenker (Member) NTSB 04/04/05 12/17/05 224 CRS-51 Board/ Nomination Confirmation Days to Nominee/recess appointee Commission a date date confirm Mark V. Rosenker (Chair) NTSB 04/24/06 08/03/06 101 Jon T. Rymer FDIC 02/14/06 06/22/06 128 Peter C. Schaumber NLRB 06/29/05 08/03/06 356 Peter C. Schaumber NLRB Recess Appointment 08/31/05 Peter C. Schaumber NLRB 09/19/05 08/03/06 307 Jill E. Sommers CFTC 12/05/06 Returned 12/09/06 Marc Spitzer FERC 06/12/06 07/14/06 32 John R. Steer USSC 12/06/06 Returned 12/09/06 John R. Steer USSC Recess Appointment 12/12/06 Leland A. Strom FCA 08/01/06 12/09/06 99 Robert L. Sumwalt III NTSB 06/06/06 08/03/06 58 Robert L. Sumwalt III NTSB 06/06/06 08/03/06 58 Mauricio J. Tamargo FCSC 02/06/06 03/13/06 35 Michael W. Tankersley EXIMBANK 12/05/06 Returned 12/09/06 Deborah T. Tate FCC 11/09/05 12/21/05 42 Horace A. Thompson III OSHRC 09/28/05 05/19/06 222 Peter W. Tredick NMB 03/27/06 Withdrawn 11/14/06 Peter W. Tredick NMB 07/18/06 Withdrawn 11/14/06 Peter W. Tredick NMB 11/14/06 Returned 12/09/06 Hans von Spakovsky FEC 12/16/05 Returned 12/09/06 Hans von Spakovsky FEC Recess Appointment 01/04/06 Hans von Spakovsky FEC 02/10/06 Returned 12/09/06 Dennis P. Walsh NLRB 04/27/05 Returned 12/09/06 Dennis P. Walsh NLRB Recess Appointment 01/17/06 Dennis P. Walsh NLRB 02/10/06 Returned 12/09/06 Steven T. Walther FEC 12/16/05 Returned 12/09/06 Steven T. Walther FEC Recess Appointment 01/04/06 Steven T. Walther FEC 02/10/06 Returned 12/09/06 William B. Wark CSB 06/26/06 09/15/06 50 Kevin M. Warsh FRS 01/27/06 02/17/06 21 Jon Wellinghoff FERC 03/07/06 07/14/06 129 CRS-52 Board/ Nomination Confirmation Days to Nominee/recess appointee Commission a date date confirm Irving A. Williamson USITC 09/07/06 Returned 12/09/06 Peter S. Winokur DNFSB 09/05/06 09/29/06 24 William E. Wright CSB 06/26/06 09/15/06 50 Mean number of days to confirm 96 Median number of days to confirm 50 a. The key to agency acronyms may be found in Appendix D. CRS-53 Appendix B. Appointment Action, Regulatory and Other Collegial Boards and Commissions, 109th Congress Positions Recess Incumbent to which appoint- Total Vacant b serving; term Nominations Individual nominations Nominations Nominations Nominations ments a Agency Positions positions expired b submitted nominees were made c confirmed Returned Withdrawn (Bush) CSB 5 0 0 2 2 2 2 0 0 0 CFTC 5 1 0 5 4 5* 4 1 0 0 CPSC 5 3 0 2 1 1 2 0 0 0 DNFSB 5 0 0 4 4 4 4 0 0 0 EAC 4 1 2 3 3 3 1 2 0 0 EEOC 6 1 0 4 4 4 3 1 0 0 EXIMBANK 6 1 0 5 5 5 4 1 0 0 FCA 3 0 1 1 1 1 1 0 0 0 FCC 5 0 0 4 4 4 4 0 0 0 FDIC 4 0 0 7 3 5* 7 0 0 0 FEC 6 0 1 7 4 4 0 7 0 3 FERC 5 0 0 3 3 3 3 0 0 0 FHFB 4 0 0 2 2 2 2 0 0 0 FLRA 4 0 1 2 2 2 1 1 0 1 CRS-54 Positions Recess Incumbent to which appoint- Total Vacant b serving; term Nominations Individual nominations Nominations Nominations Nominations ments a Agency Positions positions expired b submitted nominees were made c confirmed Returned Withdrawn (Bush) FMC 5 1 0 1 1 1 1 0 0 0 FMSHRC 5 2 0 4 2 2 0 4 0 1 FRS 7 1 0 6 5 6* 6 0 0 0 FTC 5 0 0 2 2 2 2 0 0 0 FCSC 1 0 0 1 1 1 1 0 0 0 MSPB 3 0 0 1 1 1 1 0 0 0 NCUA 3 0 0 2 2 2 2 0 0 0 NLRB 6 0 0 10 5 5 4 5 1 4 NMB 3 0 1 7 3 3 3 1 3 0 NTSB 5 0 0 7 5 5* 6 0 1 0 NRC 6 0 0 6 5 4 5 0 1 2 OSHRC 3 0 0 1 1 1 1 0 0 0 PRC 6 0 2 3 3 3 3 0 0 0 RRB 4 0 2 0 0 0 0 0 0 0 SEC 5 0 0 4 4 4 4 0 0 0 STB 3 0 0 1 1 1 1 0 0 0 USITC 6 0 1 3 3 3 1 2 0 0 CRS-55 Positions Recess Incumbent to which appoint- Total Vacant b serving; term Nominations Individual nominations Nominations Nominations Nominations ments a Agency Positions positions expired b submitted nominees were made c confirmed Returned Withdrawn (Bush) USPC 5 0 0 0 0 0 0 0 0 0 USSC 4 0 1 1 1 1 0 1 0 1 TOTALS 152 11 12 111 87 90 79 26 6 12 a. A list of abbreviations may be found in Appendix D. b. As of the end of the 109th Congress. c. For some agencies, appointment of an individual to be chair requires two separate nominations: one to be a member and the other to be chair. This column counts such instances as two positions to which nominations were made. For those agencies in which members have fixed terms, a single individual may be nominated for successive terms in a single membership seat. This column counts such instances as one position to which a nomination was made. CRS-56 Appendix C. Senate Intersession Recesses, Intrasession Recesses of Four or More Days, and Numbers of Recess Appointments to Positions on Regulatory and Other Collegial Boards and Commissions, 109th Congress Number of recess Number of days appointments to Date recessed Date reconvened recessed a specified positions The first session of 109th Congress convened on 01/04/05. 01/06/05 01/20/05 13 2 01/26/05 01/31/05 4 0 02/18/05 02/28/05 9 0 03/20/05 04/04/05 14 0 04/29/05 05/09/05 9 0 05/26/05 06/06/05 10 0 07/01/05 07/11/05 9 0 07/29/05 09/01/05 33 1 09/01/05 09/06/05 4 0 10/07/05 10/17/05 9 0 11/18/05 12/12/05 23 0 The Senate adjourned sine die on 12/22/05. The second session of the 0 109th Congress convened on 01/03/06. The intersession (period between these two dates) was 11 days long. a 01/03/06 01/18/06 14 6 02/17/06 02/27/06 9 0 03/16/06 03/27/06 10 0 04/07/06 04/24/06 16 0 05/26/06 06/05/06 9 0 06/29/06 07/10/06 10 0 08/04/06 09/05/06 31 1 09/30/06 11/09/06 39 0 11/16/06 12/04/06 17 0 The Senate adjourned sine die on 12/09/06. The first session of the 2 110th Congress convened on 01/04/07. The intersession (period between these two dates) was 25 days long. a CRS-57 Notes: Includes all recesses 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], accessed May 5, 2008. a. he entries for the number of days adjourned include all days between the day the Senate adjourned and the day it reconvened. They do not include the days of adjournment or reconvening because the Senate is able to act on nominations on these days. CRS-58 Appendix D. Board/Commission Abbreviations CSB Chemical Safety and Hazard Investigation Board CFTC Commodity Futures Trading Commission CPSC Consumer Product Safety Commission DNFSB Defense Nuclear Facilities Safety Board EAC Election Assistance Commission EEOC Equal Employment Opportunity Commission EXIMBANK Export-Import Bank FCA Farm Credit Administration FCC Federal Communications Commission FDIC Federal Deposit Insurance Corporation, Board of Directors FEC Federal Election Commission FERC Federal Energy Regulatory Commission 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 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-RL34744