Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 107th Congress

Report for Congress
Presidential Appointments to Full-Time Positions
on Regulatory and Other Collegial Boards
th
and Commissions, 107 Congress
Updated April 16, 2003
Henry B. Hogue
Analyst in American National Government
Government and Finance Division


Congressional Research Service ˜ The Library of Congress

Presidential Appointments to Full-Time Positions on
Regulatory and Other Collegial Boards and
Commissions, 107th Congress
Summary
During the 107th Congress, 125 nominations to full-time positions on 33
regulatory and other boards and commissions were submitted to the Senate by the
President. President Clinton submitted 12 of these nominations before he left office
on January 20, 2001, and these 12 were withdrawn by President Bush on March 19,
2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6
were withdrawn, and 35 were returned to him (13 at the August 2001 recess and 22
at the end of the Congress). President Clinton made 12 recess appointments during
the intersession between the 106th and 107th Congresses, all of which expired at theth
end of the first session of the 107 Congress. President Bush made 5 intrasession
and 7 intersession recess appointments to boards and commissions. Seven ofth
President Bush’s recess appointments expired at the end of the 107 Congress and
five will expire at the end of the first session of 108th Congress. At the end of theth
107 Congress, there were 19 vacancies among 147 positions. In addition, 14
incumbents were serving past the expiration of their terms.
Information for this report was compiled from data from the Senate nominations
database of the Legislative Information System [http://www.congress.gov/nomis/],
the Congressional Record (daily edition), the Weekly Compilation of Presidential
Documents, and telephone discussions with agency officials.
Related information may be found in CRS Report RL31346, Presidential
Appointments to Full-Time Positions in Executive Departments During the 107th
Congress, 2001-2002, by Henry B. Hogue; and CRS Report RL31435, Presidential
Appointments to Full-Time Positions in Independent and Other Agencies During theth

107 Congress, by Henry B. Hogue.


This report will not be updated.



Contents
In troduction ......................................................1
Appointments During the 107th Congress...........................1
Average Time to Confirm a Nomination............................2
The Appointment Process.......................................4
Selection and Nomination...................................4
Confirmation .............................................5
Appointment .............................................6
Recess Appointments...........................................6
Characterization of Regulatory and Other Collegial Bodies.............7
Organization of the Report.......................................8
Board and Commission Profiles..............................8
Additional Appointment Information..........................9
Chemical Safety and Hazard Investigation Board (CSHIB)................11
Commodity Futures Trading Commission (CFTC).......................12
Consumer Product Safety Commission (CPSC).........................13
Defense Nuclear Facilities Safety Board (DNFSB).......................14
Equal Employment Opportunity Commission (EEOC)....................15
Export-Import Bank (EXIMBANK)..................................16
Farm Credit Administration (FCA)...................................17
Federal Communications Commission (FCC)...........................18
Federal Deposit Insurance Corporation (FDIC), Board of Directors..........19
Federal Election Commission (FEC)..................................20
Federal Energy Regulatory Commission (FERC)........................21
Federal Housing Finance Board (FHFB)...............................22
Federal Labor Relations Authority (FLRA).............................23
Federal Maritime Commission (FMC)................................24
Federal Mine Safety and Health Review Commission (FMSHRC)..........25
Federal Reserve System (FRS), Board of Governors.....................26
Federal Trade Commission (FTC)....................................27
Foreign Claims Settlement Commission (FCSC)........................28
Merit Systems Protection Board (MSPB)..............................29
National Credit Union Administration (NCUA), Board of Directors.........30
National Labor Relations Board (NLRB)..............................31
National Mediation Board (NMB)....................................32
National Transportation Safety Board (NTSB)..........................33
Nuclear Regulatory Commission (NRC)...............................34
Occupational Safety and Health Review Commission (OSHRC)............35
Postal Rate Commission (PRC)......................................36
Railroad Retirement Board (RRB)....................................37
Securities and Exchange Commission (SEC)...........................38
Surface Transportation Board (STB)..................................39
Tennessee Valley Authority (TVA)...................................40
United States International Trade Commission (USITC)..................41
United States Parole Commission (USPC).............................42
United States Sentencing Commission (USSC).........................43
Appendix A. Nominees and Appointees, 107th Congress..................44th
Appendix B. Appointment Action, 107 Congress.......................49
Appendix C. Senate Recesses for the 107th Congress.....................51




Presidential Appointments to Full-Time
Positions on Regulatory and Other Collegial
th
Boards and Commissions, 107 Congress
Introduction1
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate. It also
specifies, for the 107th Congress, all nominations to full-time positions on 33
regulatory and other collegial boards and commissions.2 Profiles of each board and
commission provide information on their organizational structures, membership as
of the end of the 107th Congress, and appointment activity during that Congress.
Appointments During the 107th Congress
During the 107th Congress, 125 nominations to full-time positions on 33
regulatory and other boards and commissions were submitted to the Senate by the
President. President Clinton submitted 12 of these nominations before he left office
on January 20, 2001, and these 12 were withdrawn by President Bush on March 19,
2001. President Bush submitted 113 nominations, of which 72 were confirmed, 6
were withdrawn, and 35 were returned to him (13 at the August recess and 22 at the
end of the 107th Congress). President Clinton made 12 recess appointments during
the intersession between the 106th and 107th Congresses, all of which expired at the
end of the first session of the 107th Congress. President Bush made 5 intrasession
and 7 intersession recess appointments to regulatory and other boards and
commissions. Seven of President Bush’s recess appointments expired at the end of
the 107th Congress and five will expire at the end of the first session of the 108th.
Table 1 summarizes the appointment activity for the 107th Congress. At the end of
the Congress, there were 19 vacancies among 147 positions. In addition, 14
incumbents were serving past the expiration of their terms.


1This report was built on research by Rogelio Garcia and Henry B. Hogue. Significant
portions of the text presented here were written by Dr. Garcia for earlier versions of this
report.
2This report does not include the Election Assistance Commission, which was established
by P.L. 107-252, Sec. 201 but was not operational during the 107th Congress. For more
information on the new commission, see CRS Election Reform Briefing Book, available at
[ h t t p : / / www.c ongr e s s . go v/ br bk/ h t ml / e be r f 1.s ht ml ] .

Table 1. Appointment Action During the First Session
of the 107th Congress
Total positions147
Nominations submitted to the Senate125
Nominations confirmed by the Senate72
Individual nominees95
Positions to which nominations were made87
Nominations returned at the August 2001 recess13
Nominations returned at the the end of the 107th Congress22
Nominations submitted by Clinton, withdrawn by Bush12
Nominations submitted and withdrawn by Bush6
Intersession recess appointments between 106th and 107th Congresses (Clinton)12
Intrasession recess appointments5
Intersession recess appointments7
Average Time to Confirm a Nomination
The average time the Senate took to confirm a nomination to a regulatory or
other collegial board or commission, as well as the average time the President took
to submit a nomination, may not be as meaningful when considering boards or
commissions as it is when considering executive departments and single-head
independent agencies. Nearly all positions on boards and commissions are for a fixed
term of office, and when a term expires, the incumbent usually may remain in office
until he or she is replaced by a successor. Moreover, a nomination is frequently
submitted before an incumbent’s term expires. Consequently, the time taken to
confirm a nomination generally is not as crucial for independent regulatory boards
and commissions as it is for executive departments and single-head independent
agencies, where a nomination is generally made to a position that is vacant.
The length of time a given nomination may be pending in the Senate varies
widely. Some nominations are confirmed within a few days, others may not be
confirmed for several months, and some are never confirmed. This report provides,th
for each board or commission nomination that was confirmed in the 107 Congress,
the number of days between nomination and confirmation (“days to confirm”). Some
Senate recess days are not included in this sum because Senators are unable to take
up nominations on these days. For practical reasons, only days from the longer
recesses around August and between congressional sessions are excluded. These
recesses are often longer than 30 days. This cutoff point is suggested by the Senate
rules, which provide that “if the Senate shall adjourn or take recess for more than
thirty days, all nominations pending and not finally acted upon” shall be returned to3
the President, although this rule is often waived. The 32 days during the August

2002 recess and the 33 days between the first and second sessions of the 107th


3U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 106th
Cong., 1st sess., S.Doc. 106-1 (Washington: GPO, 1999), p. 55, Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.

Congress were subtracted from the “days to confirm” for those nominations that
spanned one or both recesses. No days were subtracted for the August 2001 recess,
because, as discussed below, all pending nominations were returned prior to that
recess.
An accurate calculation of the average time the Senate took to confirm a
nomination in the 107th Congress is made more challenging by an unusual
characteristic of the session. As just noted, the Senate rules provide that all pending
nominations are to be returned to the President at the beginning of recesses of thirty
days or more. Usually the Senate agrees, by unanimous consent, to waive this rule
and retain pending nominations over their recesses. Prior to the 31-day August 2001
recess, however, the Senate did not reach such an agreement, and 162 pending
nominations, 13 of which were to the organizations discussed in this report, were
returned to the President.4 The President sent forward nominations for some of these
individuals again after the recess. Those nominations were considered to be new
nominations, rather than continuations of the pre-recess nominations. As a result,
when such nominations are confirmed, the length of the confirmation process, shown
in the tables of this report as “days to confirm,” does not include any pre-recess time
during which the nominee was under consideration in the Senate. Consequently, the
average is smaller than it would be if the pre- and post-recess nomination times were
added together. For example, the mean number of days to confirm for all boards and
commissions is 70 days, but if the pre-recess days during which a nominee was under
consideration in the Senate were included for all confirmed nominees, this mean
would be 72 days. Likewise, the median “days to confirm” for all board and
commission nominations is 51, but it would be 52 if pre-recess days were included.5
Table notes provide figures that take such pre-recess time into account. In general,
however, comparisons between average confirmation times from this report and those
from previous reports should be made cautiously.
Since most of these boards and commissions require a political balance among
their members (i.e., no more than a simple majority may be from the same political


4See Sen. Harry Reid and Sen. Trent Lott, “Unanimous Consent Request — Executive
Calendar,” colloquy, Congressional Record, daily edition, vol. 147, Aug. 3, 2001, p. S8888.st
Such a unanimous consent agreement was reached, however, for the recess between the 1ndth
and 2 sessions of the 107 Congress. Sen. Harry Reid, “Nominations to Remain in Status
Quo Notwithstanding the Adjournment of the Senate,” Congressional Record, daily edition,
vol. 147, Dec. 20, 2001, p. S14049. By unanimous consent, no nominations were returned
to the President prior to the 32-day August 2002 recess. Sen. Harry Reid, “Order for
Nominations,” Congressional Record, daily edition, vol. 148, Aug. 1, 2002, p. S8020.
5In this report, the tables for individual boards and commissions show the mean for that
organization, and the table of all nominations in Appendix A shows both the mean and the
median. The mean is the average as it is commonly calculated. In order to calculate the
mean “days to confirm,” for example, for each organization, the “days to confirm” data for
all the confirmed nominations in the organization were added together and then divided by
the number of confirmed nominations. The median is the middle number when the “days
to confirm” data for all the confirmed nominations are arranged in numerical order.
Although the mean is the more familiar kind of average, the median is included on the larger
table because it diminishes the influence of a few extreme entries. It is not included on the
smaller tables, where the influence of such entries is more directly visible.

party), the President negotiates over nominations with leaders of the opposition party
in Congress. These negotiations involve questions not only of patronage, but also of
policy, especially when the board or commission is involved in areas that, at the time,
may be particularly sensitive. This often results in a packaging process in which the
President submits several nominations together for positions in a particular agency
and the Senate then confirms them as a group. Sometimes, however, only one or two
nominations are submitted when three or four positions may be available. When this
occurs, a nomination may remain before the Senate for many months, until one or
two additional nominations are submitted. Generally, all are then quickly confirmed.
(The Federal Communications Commission provides an example of cluster action.)
The Appointment Process
The President and the Senate share the power to appoint the principal officers
of the United States.6 The Constitution (Article II, Section 2) empowers the
President to nominate and, by and with the advice and consent of the Senate, to
appoint the principal officers of the United States. Three distinct stages mark the
appointment process — selection and nomination, confirmation, and appointment.
Selection and Nomination. In this stage, the President selects the nominee
and sends the nomination to the Senate. There are a number of steps in the
President’s selection of candidates for most Senate-confirmed positions. First, with
the assistance of the White House Office of Presidential Personnel, the President
selects a candidate for the position. The candidate then prepares and submits several
forms: the “Public Financial Disclosure Report” (Standard Form (SF) 278), the
“Questionnaire for National Security Positions” (SF 86), and the White House
“Personal Data Statement Questionnaire.” The Office of the Counsel to the President
oversees the clearance process, with background investigations conducted by the
Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of
Government Ethics (OGE), and ethics official for the agency to which the candidate
is to be appointed. If conflicts are found during the background check, OGE and the
agency ethics officer may work with the candidate to mitigate the conflicts. Once the
Counsel has cleared the candidate, the nomination is ready to be submitted to the
Senate. The selection and vetting stage is often the longest part of the appointment
process. There can be lengthy delays, particularly if many candidates are being
processed, as they are at the beginning of an Administration, or if conflicts need to
be resolved. Candidates for higher-level positions are often accorded priority in this
process.
For positions located within a state (U.S. attorney, U.S. marshal, and U.S.
district judge), the President, by custom, normally nominates an individual
recommended by the Senator or Senators (if they are from the same party as the
President) from that state. If neither Senator is from the President’s party, he usually
defers to the recommendations of party leaders from the state. Occasionally, the
President solicits recommendations from Senators of the opposition party because of


6A succinct historical and contemporary overview of the appointment power is found in
Louis Fisher, “Appointment Powers,” in his Constitutional Conflicts between Congress andth
the President, 4 ed. (Lawrence, KS: University Press of Kansas, 1997), pp. 22-48.

their positions in the Senate. Before making a nomination to a federal position at the
state or national level, the President must consider how it will fare in the
confirmation process.
A nominee has no legal authority to assume the duties and responsibilities of the
position; the authority comes with Senate confirmation and presidential appointment.
A nominee who is hired as a consultant while awaiting confirmation may serve only
in an advisory capacity. If circumstances permit and conditions are met, the
President may give the nominee a recess appointment to the position (see below).
Recess appointments may have political consequences, however, particularly if
Senators perceive that an appointment is an effort to circumvent their constitutional
role. Some Senate-confirmed positions, such as many of those in the executive
departments, may also be temporarily filled under the Vacancies Act.7 Positions on
most boards and commissions, however, are not covered by this Act.8
Confirmation. In the confirmation or second stage, the Senate alone
determines whether to approve or disapprove a nomination. The way the Senate acts
on a nomination depends largely on the importance of the position involved, existing
political circumstances, and policy implications. Generally, the Senate shows
particular interest in the nominees’ views and how they are likely to affect public9
policy. Two other factors may also affect the scrutiny with which a nominee’s
personal and professional qualities are examined: whether or not the President’s party
controls the Senate and the degree to which the President becomes involved in
supporting the nomination.
Although the Senate confirms most nominations, no President can safely assume
that his nominees will be approved routinely. Rarely, however, does a rejection
occur on the Senate floor. Nearly all rejections occur in committee, either by
committee vote or by committee inaction. Rejections in committee occur for a variety
of reasons, including opposition to the nomination, inadequate amount of time for
consideration of the nomination, or factors that may have nothing to do with the
merits of the nomination. The most recent study of Senate confirmation action,
which looked at the period between 1981 and 1992, found that the Senate failed to
confirm 22% of all nominations to full-time positions on boards and commissions.
During the same period, 11% of nominations to independent agencies and 9% of
nominations to executive departments also failed.10


7P.L. 105-277, Div. C, Title I, sec. 151; 5 U.S.C. 3345-3349d. For more on the Vacancies
Act, see CRS Report 98-892, The New Vacancies Act: Congress Acts to Protect the Senate’s
Confirmation Prerogative, by Morton Rosenberg.
85 U.S.C. 3349c.
9G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free
Press, 1981), pp. 97-189.
10CRS Report 93-464 GOV, Senate Action on Nominations to Policy Positions in the
Executive Branch, 1981-1992, by Rogelio Garcia (archived; contact Henry Hogue for more
information). The study did not include nominations submitted by Presidents Carter and
Reagan in the last months of their administrations, or nominations submitted within a month
of the Senate’s adjournment at the end of a session. It also excluded nominations to the
(continued...)

Appointment. In the final stage, the confirmed nominee is given a
commission signed by the President, with the seal of the United States affixed
thereto, and is sworn into office. The President may sign the commission at any time
after confirmation. Under unusual circumstances, he may not sign it at all, thus
preventing the appointment. Once the appointee is given the commission and sworn
in, he or she has full authority to carry out the responsibilities of the office.
Recess Appointments
The appointment process also enables the President to make appointments
without Senate confirmation when the Senate is in recess, either during a session
(intrasession recess appointment) or between sessions (intersession recess
appointment). Recess appointments expire at the end of the next session of11
Congress. Recess appointments made by President Clinton during the intersession
prior to the beginning of the 107th Congress expired at the end of the first session ofth
the 107 Congress. Recess appointments made by President Bush during a recess
within the first session or between the first and second sessions of the 107th Congressth
expired at the end of the second session of the 107 Congress. Recess appointments
made by President Bush during a recess within the second session of the 107ththth
Congress or between the end of the 107 Congress and the beginning of the 108
Congress expire at the end of the first session of the 108th Congress. Appendix C
provides a table showing the dates of the Senate recesses immediately before, during,
and immediately after the 107th Congress.
Presidents have occasionally used the recess appointment power to circumvent
the confirmation process. In response, Congress has placed restrictions on the
President’s authority to make a recess appointment. Under 5 U.S.C. 5503(a), if the
position to which the President makes a recess appointment falls vacant while the
Senate is in session, the recess appointee may not be paid from the Treasury until he
or she is confirmed by the Senate. The salary prohibition does not apply: (1) if the
vacancy arose within 30 days before the end of the session; (2) if a nomination for
the office (other than the nomination of someone given a recess appointment during
the preceding recess) was pending when the Senate recessed; or (3) if a nomination
was rejected within 30 days before the end of the session and another individual was
given the recess appointment. A recess appointment falling under any one of these
three exceptions must be followed by a nomination to the position not later than 40
days after the beginning of the next session of the Senate. For this reason, when a
recess appointment is made, the President generally submits a new nomination for
the nominee even when an old nomination is pending.12 In addition, although recess


10(...continued)
judiciary, military services, Foreign Service, National Oceanic and Atmospheric
Administration Officer Corps, and Public Health Service Officer Corps, as well as
nominations to all ambassadorial, U.S. attorney, U.S. marshal, and part-time positions.
11Art. II, Sec. 2, Cl. 3 of the Constitution.
12For a further discussion of recess appointments and a list of recess appointments during
the Clinton presidency, see CRS Report RL30821, Recess Appointments Made by President
Clinton, by Rogelio Garcia. For a legal history and overview of recess appointments, see
(continued...)

appointees whose nominations to a full term are subsequently rejected by the Senate
may continue to serve until the end of their recess appointment, a provision of the
annual Treasury and General Government Appropriations Act may prevent them
from being paid after their rejection.13
Characterization of Regulatory and Other Collegial Bodies
Federal executive branch boards and commissions share the following
characteristics: (1) they are independent executive branch bodies located, with four
exceptions, outside executive departments;14 (2) several members head each entity;
(3) the members are appointed by the President with the advice and consent of the
Senate; and (4) the members serve fixed terms of office, and, except in a few bodies,
cannot be removed by the President except for cause.
The time between confirmation and the term-expiration date is often less than
the fixed term of office. A new member may be nominated and confirmed for a
position from which someone has resigned (or died) with an unexpired term or for
a position with a new term that is already underway. Occasionally, if the unexpired
term is for a very short period, two nominations of the same person are submitted
simultaneously — the first to complete the unexpired term and the second to
complete a regular term of office.
On some commissions, the chair is subject to Senate confirmation and must be
appointed from among the incumbent commissioners. If the President wishes to
appoint, as chair, someone who is not on the commission, two nominations are
submitted simultaneously for the nominee — one for member and the other for chair.
As independent entities with staggered membership, executive branch boards
and commissions have more political independence from the President than do
executive departments. Nonetheless, the President can sometimes exercise
significant influence over the composition of the membership when he designates the


12(...continued)
CRS Report 87-832 A, Recess Appointments: Legal Overview, by Richard C. Ehlke
(archived; contact author for more information).
13P.L. 107-67, sec. 609. The provision reads, “No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to any person for the filling of any
position for which he or she has been nominated after the Senate has voted not to approve
the nomination of said person.” This provision has been part of this funding bill since at
least 1950.
14Exceptions are the Federal Energy Regulatory Commission (FERC), located in the
Department of Energy (DOE); the Foreign Claims Settlement Commission (FCSC) and the
United States Parole Commission (USPC), both located in the Department of Justice (DOJ);
and the Surface Transportation Board (STB), located in the Department of Transportation
(DOT). The FERC’s enabling statute designates it as an independent entity in DOE. The
FCSC is designated as an independent entity within DOJ, with a specific provision that
decisions of the Commission shall not be subject to review by the Attorney General. The
enabling statutes of the STB and the USPC state only that they are located within their
respective departments.

chair or has the opportunity to fill a number of vacancies at once. For example,
President George W. Bush had the opportunity to shape the Securities and Exchange
Commission during the first two years of his presidency because of existing
vacancies, resignations, and the death of a member. Likewise, during the same time
period, President Bush was able to submit nominations for all of the positions on the
National Labor Relations Board because of existing vacancies, expiring recess
appointments, and resignations. Simultaneous turnover of board or commission
membership may sometimes result from coincidence. It may also sometimes be the
result of a buildup of vacancies after extended periods during which the President
fails to nominate, or the Senate fails to confirm, members.
There are two other notable characteristics of some of the boards and
commissions. First, on 24 of the regulatory and other collegial boards and
commissions, no more than a simple majority of the appointed members (e.g., two
of three, or three of five) may belong to the same political party. Second, six
organizations have confirmation requirements for either their inspector general or
their general counsel.
Organization of the Report
Board and Commission Profiles. Each of the 33 board or commission
profiles following the narrative portion of this report is organized into three sections:
organizational structure; current membership; and nominations and appointments.
The organizational section discusses the statutory requirements for the appointed
positions, including the number of members on each board or commission, their
terms of office, whether or not they may continue in their positions after their terms
expire, whether or not political balance is required, and the method for selection of
the chair.
Data15 on appointment actions during the 107th Congress appear under both the
“Current Membership” section and the “Appointment Action” section, and are
current as of January 3, 2003. The “Current Membership” section identifies the
agency’s positions requiring Senate confirmation and the incumbents in those
positions. Incumbents whose terms have expired are italicized. Most of the
incumbents serve fixed terms of office and are removable only for specified causes.
They generally remain in office when a new administration assumes office following
a presidential election. For those agencies requiring political balance among their


15This report was compiled from data from the Senate nominations database of the
Legislative Information System [http://www.congress.gov/nomis/], the Congressional
Record (daily edition), the Weekly Compilation of Presidential Documents, and telephone
discussions with agency officials. For similar reports for previous Congresses, see CRS
Report 94-628 GOV, Presidential Appointments to Full-Time Positions on Regulatory andrd
Other Collegial Boards and Commissions, 103 Congress, by Rogelio Garcia; CRS Report

96-271 GOV, Presidential Appointments to Full-Time Positions on Regulatory and Otherth


Collegial Boards and Commissions, 104 Congress, by Rogelio Garcia; CRS Report 98-137
GOV, Presidential Appointments to Full-Time Positions on Regulatory and Other Collegialth
Boards and Commissions, 105 Congress, by Rogelio Garcia; and CRS Report RL30476,
Presidential Appointments to Full-Time Positions on Regulatory and Other Collegialth
Boards and Commissions, 106 Congress, by Rogelio Garcia.

members, the political affiliation of an incumbent is listed as Democrat (D),
Republican (R), or Independent (I). The section also includes the pay levels of the
positions. For presidentially appointed positions requiring Senate confirmation, the
pay levels fall under the Executive Schedule, which ranges from level I for cabinet-
level offices, to level V for the lowest-ranked positions. Most of the chair positions
are at level III ($142,500), and most of the other positions are at level IV
($134,000). 16
The “Appointment Action” section identifies the nominees, in chronological
order, the positions to which they were nominated, the dates of nomination, the dates
of confirmation, and the number of days taken for confirmation. Actions other than
confirmation (i.e., nominations rejected by the Senate, nominations returned to or
withdrawn by the President, and recess appointments) are also noted. Occasionally,
when a position is vacant and the unexpired term of office ends within a number of
weeks or months, two nominations for the same nominee are submitted, the first to
complete the unexpired term, and the second for a full term following completion of
the expired term. Also, when a nominee is awaiting Senate action and he or she is
given a recess appointment, a second, follow-up, nomination is usually submitted to
comply with the requirements of 5 U.S.C. 5503(b).
In tables that show more than one confirmed nomination, the mean number of
days to confirm a nomination is provided. This figure is determined by calculating
the number of days between the nomination and confirmation dates, adding these
numbers for all confirmed nominations, and dividing the result by the number of
nominations confirmed. This mean should be used cautiously. As discussed earlier,
the Senate took the unusual step of returning all nominations to the President prior
to the August 2001 recess. Many of those whose nominations were returned were re-
nominated after the recess. Consequently, these individuals were nominated twice,
and the time their first nominations were pending in the Senate is not included in the
calculation of the mean days to confirm a nomination. As a result, this mean time is
shorter than it would be otherwise.
Additional Appointment Information. Appendix A presents a table of all
appointees, alphabetically organized, and following a similar format to that of the
“Appointment Action” sections just discussed. It identifies the agency involved and
the dates of nomination and confirmation. The table also indicates if a nomination
was withdrawn, returned, or rejected, or if a recess appointment was made. The
mean number of days taken to confirm a nomination is calculated as described above,
and the same caution is advised. The table also shows the median, which is the
middle number when the “days to confirm” data for all the confirmed nominations
are arranged in numerical order.
Appendix B provides a table with summary information on appointments and
nominations by agency. For each of the 33 independent boards and commissions
discussed in this report, the table provides the number of positions, vacancies,


16These salary rates are in effect as of this writing. For information on pay for federal
officials, see CRS Report 98-53, Salaries of Federal Officials: A Fact Sheet, by Sharon
Gressle.

incumbents whose term has expired, nominations, individual nominees, positions to
which nominations were made, confirmations, nominations returned to the President,
nominations withdrawn, and recess appointments.
Appendix C provides a table showing the dates of the Senate recesses
immediately before, during, and immediately after the 107th Congress. A list of
agency abbreviations can be found in Appendix D.



Chemical Safety and
Hazard Investigation Board (CSHIB)
The CSHIB is an independent agency consisting of five members (no political
balance is required) who serve five-year terms. The chair is subject to confirmation
by the Senate. When a term expires, the incumbent must leave office. (42 U.S.C.

7412(r)(6))


Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Carolyn W. Merrittna08/01/0208/01/07IVChair
Isodore Rosenthalna10/21/9810/21/03IV
Andrea K. Taylorna10/21/9810/21/03IV
Gerald V. Pojena11/10/9911/01/04IVReappointed
John S. Breslandna08/01/0208/01/07IV
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Carolyn W. MerrittnaMember06/05/0208/01/0257
Carolyn W. MerrittnaChair06/05/0208/01/0257
John S. Bresland naMember06/17/0208/01/0245
Mean number of days to confirm a nomination53
na - not applicable.



Commodity Futures Trading Commission (CFTC)
The CFTC consists of five members (no more than three may be from the same
political party) who serve five-year terms. At the end of a term, a member may remain in
office until the end of the next session of Congress. The chair is also appointed by the
President, with the advice and consent of the Senate. (7 U.S.C. 4a)
Current Membership
Da te Term Pay
Incumbent P arty confirmed expires level Comments
James E. NewsomeR12/20/0106/19/06IIIChair,
Reappointed
Barbara P. HolumD06/23/9804/13/02IVReappointed
Vacant 04/13/03 IV
Sharon Brown-HruskaR08/01/0204/13/04IV
Walter L. LukkenR08/01/0204/13/05IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
James E. NewsomeRCommissioner10/31/0112/20/0150
James E. NewsomeRChair10/31/0112/20/0150
Sharon Brown-RCommissioner04/09/0208/01/02114
H r uska
Walter L. LukkenRCommissioner04/16/0208/01/02107
Mean number of days to confirm a nomination80



Consumer Product Safety Commission (CPSC)
The statute establishing the CPSC calls for five members, but funding is
authorized for only three members, who serve seven-year terms. No more than a
simple majority of the members may be from the same political party. At the end of
a term, a member may remain in office for one year. The chair is also appointed by
the President, with the advice and consent of the Senate. (15 U.S.C. 2053)
Current Membershipa
Date TermPay
IncumbentPartyconfirmed expireslevelComments
Harold D. StrattonR07/25/0210/26/06IIIChair
Thomas H. MooreD08/02/9610/26/03IVReappointed
Mary S. GallR07/01/9910/26/05IVReappointed
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Mary S. GallRChair05/08/01Returned 08/03/01b
Harold D. StrattonRCommissioner03/13/0207/25/02134
Harold D. StrattonRChair03/13/0207/25/02134
Mean number of days to confirm a nomination134
a Two vacant positions are not listed, because, since FY1993, funds have not been made available for
the compensation and benefits of more than three members of the commission (P.L. 102-389,
Title 3, Oct. 6, 1992; 105 Stat. 1596; 15 U.S.C. 2053 note).bc
On Aug. 2, 2001, the Senate Committee on Commerce, Science, and Transportation failed to report
Gall’s nomination to the full Senate. The nomination was then returned to the President at the
beginning of a 31-day Senate recess under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate. After the recess, the President did not resubmit the nomination,
reportedly at Gall’s request (Brian Nutting,White House Drops Gall Nomination For
Consumer Post, CQ Daily Monitor, Sept. 11, 2001, p. 1). Gall continues to serve as a member
of the commission.



Defense Nuclear Facilities Safety Board (DNFSB)
The DNFSB consists of five members (no more than three may be from the
same political party) who serve five-year terms. After a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair. (42 USC 2286)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
John T. ConwayD09/29/9510/18/99IIIChair
A. J. EggenbergerR10/29/9910/18/03IIIVice Chair
Vacant 10/18/02 III
Vacant 10/18/05 III
John E. MansfieldR08/01/0210/18/06IIIReappointed
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
John E. MansfieldRMember05/08/0208/01/0285
R. Bruce MatthewsaMember05/08/02Returned 11/20/02b
a Information not available.
b Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Equal Employment Opportunity Commission
(EEOC)
The EEOC consists of five members (no more than three may be from the same
political party) who serve five-year terms. An incumbent whose term has expired
may continue to serve until a successor is appointed, except that no such member
may continue to serve (1) for more than 60 days when Congress is in session, unless
a successor has been nominated; or (2) after the adjournment of the session of the
Senate in which the nomination was submitted. The President designates the chair.
The President also appoints the general counsel, subject to the advice and consent of
the Senate. (42 U.S.C. 2000e-4(a))
Current Membership
Date TermPay
Incumbent Partyconfirmed expireslevelComments
Cari M. DominguezR07/19/0107/01/06IIIChair
Leslie SilvermanR03/01/0207/01/03IV
Paul S. MillerD11/19/9907/01/04IVReappointed
Vacant 07/01/05 IV
Vacant 07/01/07 IV
Vacantna4 yearsVGeneral Counsel
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Cari M. DominguezRMember05/10/01Returned 08/03/01a
Cari M. DominguezRMember05/10/0107/19/0170
Naomi C. EarpRMember11/27/01Returned 11/20/02b
Leslie SilvermanRMember02/11/0203/01/0218
Mean number of days to confirm a nomination44
na - not applicable.a
Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate. The term for which the
nomination was submitted expired July 1, 2001.bth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Export-Import Bank (EXIMBANK)
The EXIMBANK consists of five members (no more than three may be from
the same political party) who serve four-year terms. An incumbent whose term has
expired may continue to serve (1) until a successor is appointed, or (2) until six
months pass after the term expires — whichever occurs earlier. The chair, who is the
president of the bank, is also appointed by the President, with the advice and consent
of the Senate. (12 U.S.C. 635a)
Current Membership
Date Term Pay
Incumbent P arty confirmed expires level Comments
Philip MerrillR11/14/0201/20/05IIIChair
Eduardo Aguirre, Jr.R12/20/0101/20/05IVVice Chair
Dan H. RenbergR11/10/9901/20/03IV
Dorian V. WeaverD11/10/9901/20/03IV
J. Joseph GrandmaisonD12/20/0101/20/05IV
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
John E. RobsonRChair04/30/0105/17/0117
Eduardo Aguirre, Jr.RVice Chair05/22/01Returned 08/03/01a
Eduardo Aguirre, Jr.RVice Chair09/04/0112/20/01107b
J. Joseph GrandmaisonDMember11/29/0112/20/0121
Philip MerrillRChair09/30/0211/14/0245
Mean number of days to confirm a nomination48
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.b
If the number of days Aguirres first (pre-recess) nomination was pending in the Senate were
included in this number, it would be 180, rather than 107. The mean number of days to confirm
a nomination for the agency would then be 66.



Farm Credit Administration (FCA)
The FCA consists of three members (no more than two may be from the same
political party) who serve six-year terms. A member may not succeed him- or herself
unless he or she was first appointed to complete an unexpired term of three years or
less. A member whose term expires may continue to serve until a successor takes
office. The President designates the chair. (12 U.S.C. 2242)
Current Membership
DateTermPay
IncumbentPartyconfirmed expireslevelComments
Michael M. ReynaD10/21/9805/21/04IIIChair
Douglass L. FloryR08/01/0210/13/06IV
Nancy C. PellettR11/14/0205/31/08IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Michael V. DunnaDMember01/05/01Withdrawn 03/19/01b
Douglass L. FloryRMember05/13/0208/01/0280
Nancy C. PellettRMember06/14/0211/14/02121
Mean number of days to confirm a nomination101
a On Dec. 21, 2000, Dunn was given a recess appointment, which would have expired at the end of
the 107th Congress, 1st session. He resigned in Feb. 2001.b
The nomination was submitted by President Clinton and withdrawn by President Bush.



Federal Communications Commission (FCC)
The FCC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until the end of the next session of Congress. The President
designates the chair. (47 U.S.C. 154)
Current Membership
Da te Term Pay
IncumbentPartyconfirmed expireslevelComments
Michael K. PowellR05/25/0106/30/07IIIReappointed,
Cha i r
Jonathan S. AdelsteinD11/14/0206/30/03IV
Kathleen Q. AbernathyR05/25/0106/30/04IV
Michael J. CoppsD05/25/0106/30/05IV
Kevin J. MartinR05/25/0106/30/06IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Susan NessaDMember01/05/01Withdrawn 03/19/01b
Kathleen Q. AbernathyRMember04/30/01Withdrawn 05/01/01c
Michael J. CoppsDMember04/30/01Withdrawn 05/01/01c
Kevin J. MartinRMember04/30/0105/25/0125
Kathleen Q. AbernathyRMember05/01/0105/25/0124
Michael J. CoppsDMember05/01/0105/25/0124
Michael K. PowellRMember05/10/0105/25/0115
Jonathan S. AdelsteinDMember07/10/0211/14/0295
Mean number of days to confirm a nomination37
a On Dec. 18, 2000, Ness was given a recess appointment, which expired at the end of the 107th
Congress, 1st session.b
The nomination was submitted by President Clinton and withdrawn by President Bush.c
The nominations of Abernathy and Copps were withdrawn, and each was re-nominated to the
position to which the other had previously been nominated. As a result, Abernathys term
expires in 2004 and Copp’s term expires in 2005.



Federal Deposit Insurance Corporation (FDIC),
Board of Directors
The FDIC consists of five members, of whom two — the comptroller of the
currency and the director of the Office of Thrift Supervision (OTS) — are ex officio.
The three appointed members (no more than two may belong to the same political
party) serve six-year terms. When a term expires, the member may continue to serve
until a successor is appointed. The President designates the chair for a term of five
years and the vice chair, with the advice and consent of the Senate, from among the
appointed officers. The President also appoints the inspector general, subject to the
advice and consent of the Senate. (12 U.S.C. 1812)
Current Membership
Date TermPay
IncumbentPartyconfirmed expireslevelComments
Donald E. PowellR07/12/0107/15/07IIIChaira
John M. ReichR12/15/0012/27/06IVVice Chair
VacantSix yearsIV
from appt.
James GillerannaOffice of Thrift Ex officio
Supervision, Director
John D. Hawke Jr.naComptroller of theEx officio
Currency
Gaston L. Gianni, Jr.na03/29/96IndefinitebIVInspector General
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Donald E. PowellRMember05/22/0107/12/0151
Donald E. PowellRChair05/22/0107/12/0151
John M. ReichRVice Chair07/11/0211/12/0292
Mean number of days to confirm a nomination65
na - not applicable.a
Powells term as chair expires 07/15/06.b
The incumbent has been held over from the previous administration. The President may remove him
at any time.



Federal Election Commission (FEC)
The FEC consists of six members (no more than three may be from the same
political party) who serve six-year terms. When a term expires, a member may
continue to serve until a successor takes office. Persons nominated and appointed to
the FEC after December 31, 1997 are not eligible for reappointment after their terms
expire. (P.L. 105-61, Title 5, sec. 513) The chair and vice chair, from different
political parties and designated by the commission, change each year. The vice chair
succeeds the chair. (2 U.S.C. 437c)
Current Membership
Da te Term Pay
IncumbentPartyconfirmed expireslevelComments
Ellen L. WeintraubDRecess appt.04/30/07IIIChair
(12/06/02)
Bradley A. SmithR05/24/0004/30/05IVVice Chair
David M. MasonR07/30/9804/30/03IV
Scott E. ThomasD07/30/9804/30/03IV
Danny L. McDonaldD05/24/0004/30/05IV
Michael E. TonerRRecess appt.04/30/07IV
(03/29/02)
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Michael E. TonerRMember03/04/02Returned 11/20/02a
Michael E. TonerRMemberRecess appointment 03/29/02b
Michael E. TonerRMember05/16/02Returned 11/20/02a
Ellen L. WeintraubDMember11/19/02Returned 11/20/02a
Ellen L. WeintraubDMemberRecess appointment 12/06/02c
a Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.bthst
Toner’s recess appointment expires at the end of the 108 Cong., 1 sess.cthst
Weintraub’s recess appointment expires at the end of the 108 Cong., 1 sess.



Federal Energy Regulatory Commission (FERC)
The FERC, an independent agency within the Department of Energy, consists
of five members (no more than three may be from the same political party) who serve
five-year terms. When a term expires, a member may continue to serve until a
successor takes office, except that such commissioner may not serve beyond the end
of the session of the Congress in which his or her term expires. The President
designates the chair. (42 U.S.C. 7171)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Patrick H. WoodR05/25/0106/30/05IIIChair
William L. MasseyD06/26/9806/30/03IVReappointed
Vacant 06/30/04 IV
Nora M. BrownellR05/25/0106/30/06IVReappointed
Vacant 06/30/07 IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
James J. HoeckeraDMember01/05/01Withdrawn 03/19/01b
Nora M. BrownellcRMember04/30/0105/25/0125
Nora M. BrownellcRMember04/30/0105/25/0125
Patrick H. WoodRMember04/30/0105/25/0125
Joseph T. KelliherRMember05/02/02Returned 11/20/02d
Mean number of days to confirm a nomination25
a Hoecker was given a recess appointment on Dec. 18, 2000. The appointment would have expired
at the end of the 107th Cong., 1st sess., but he resigned at the beginning of 2001.b
The nomination was submitted by President Clinton and withdrawn by President Bush.c
Brownell was nominated and confirmed for a position with an unexpired term, which ended on June
30, 2001, and to the succeeding term in the same position.dth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Federal Housing Finance Board (FHFB)
The FHFB consists of five members, of whom one — the Secretary of Housing
and Urban Development (HUD) or his or her designee — is ex officio. The four
appointed members serve seven-year terms, and no more than three may be from the
same political party. An appointed member whose term expires may continue to
serve until a successor is appointed. The President designates the chair from among
the appointed members. Members began serving on a full-time basis on January 1,

1994. (12 U.S.C. 1422a(1))


Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
John T. KorsmoR11/29/0102/27/09IIIChair,
reappointed
J. Timothy O’NeillR05/25/9502/27/97IV
Franz S. LeichterD11/29/0102/27/06IV
Allan I. MendelowitzD11/29/0102/27/07IV
John C. WeichernaDesigneea naEx Officio
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Allan I. MendelowitzbDDirector01/05/01Withdrawn 03/19/01c
Shirlee BowneRDirector09/14/01Withdrawn 11/15/01
John T. KorsmodRDirector10/09/0111/29/0151
John T. KorsmodRDirector10/09/0111/29/0151
Franz S. LeichterDDirector11/07/0111/29/0122
Allan I. MendelowitzDDirector11/07/0111/29/0122
Diana E. Furchtgott-RothRDirector05/23/02Returned 11/20/02e
Mean number of days to confirm a nomination37
na - not applicable.a
Weicher, who is the Assistant Secretary for Housing and the Federal Housing Commissioner at
HUD, is the designee of the Secretary.b
On Dec. 28, 2000, Mendelowitz was given a recess appointment, which expired at the end of thethst
107 Congress, 1 session.c
The nomination was submitted by President Clinton and withdrawn by President Bush.d
Korsmo was nominated and confirmed for a position with an unexpired term, which ended on Feb.
27, 2002, and to the succeeding term in the same position.eth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Federal Labor Relations Authority (FLRA)
The FLRA consists of three members (no more than two may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until the end of the next Congress. The President designates the
chair. The general counsel is also appointed by the President, subject to the advice
and consent of the Senate. (5 U.S.C. 7104)
Current Membership
Date TermPay
IncumbentPartyconfirmed expireslevelComments
Dale CabinissR11/09/9707/29/02IVChair
Carol W. PopeD10/26/0007/01/04V
Tony ArmendarizR07/11/0107/01/05V
a
VacantnaVGeneral Counsel
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Tony ArmendarizRMember04/30/0107/11/0172
Peter EidenaGeneral Counsel06/28/02Returned 11/20/02b
Dale CabanissRMember09/03/02Returned 11/20/02b
na - not applicable.a
The general counsel is appointed to a five-year term, but may be removed at any time by the
P r esident.b th
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Federal Maritime Commission (FMC)
The FMC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President designates the chair.
(46 U.S.C. 1111; Reorganization Plan No. 7 of 1961)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Steven R. BlustR08/01/0206/30/06IIIChair
Delmond J. H. WonD09/08/0006/30/02IV Reappointed
Joseph E. BrennanD11/10/9906/30/03IV
Harold J. Creel, Jr.D10/21/9806/30/04IVReappointed
Rebecca DyeR11/14/0206/30/05IV
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Steven R. BlustRCommissioner03/14/0208/01/02140
Rebecca DyeRCommissioner06/13/0211/14/02122
Mean number of days to confirm a nomination131



Federal Mine Safety and
Health Review Commission (FMSHRC)
The FMSHRC consists of five members (no political balance is required) who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (30 U.S.C. 823)
Current Membershipa
Date Term Pay
Incumbent P arty confirmed expires level Comments
Robert H. Beatty, Jr.na03/04/9808/30/04IV
Michael F. Duffyna11/19/0208/30/06IV
Vacant na 08/30/06 IV
Vacant na 08/30/08 IV
Vacant na 08/30/08 IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Stanley C. SuboleskinaMember03/22/02Returned 11/20/02b
Michael F. DuffynaMember04/22/0211/19/02179
na - not applicable.a
Neither member has been designated chair.bth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Federal Reserve System (FRS), Board of Governors
The FRS consists of seven members (no political balance is required) who serve
14-year terms. When a term expires, a member may continue to serve until a
successor takes office. The President appoints the chair and vice chair, who are
separately appointed as members, for four-year terms, with the advice and consent
of the Senate. The chair and vice chair give up their positions when the four-year
terms expire. (12 U.S.C. 241)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Alan Greenspanna02/27/9201/31/06IIChaira
Roger W. Ferguson, Jr.na07/19/0101/31/14IIIVice Chaira
Ben S. Bernankena07/31/0201/31/04III
Edward M. Gramlichna10/30/9701/31/08III
Mark W. Olsonna12/06/0101/31/10III
Susan S. Biesna12/06/0101/31/12III
Donald L. Kohn na07/31/0201/31/16III
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Roger W. Ferguson, Jr.naMember04/23/0107/19/0187
Susan S. BiesnaMember08/03/01Returned 08/03/01b
Mark W. OlsonnaMember08/03/01Returned 08/03/01b
Susan S. BiesnaMember09/04/0112/06/0193
Mark W. OlsonnaMember09/04/0112/06/0193
Ben S. BernankenaMember07/11/0207/31/0220
Donald L. KohnnaMember07/11/0207/31/0220
Mean number of days to confirm a nomination45
na - not applicable.a
The term for each of these positions is four years. The chair’s term expires June 20, 2004, and the
vice chair’s term expires Oct. 5, 2003.b
Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.



Federal Trade Commission (FTC)
The FTC consists of five members (no more than three may be from the same
political party) who serve seven-year terms. When a term expires, the member may
continue to serve until a successor takes office. The President designates the chair.
(15 U.S.C. 41)
Current Membership
Da te Term Pay
IncumbentPartyconfirmed expireslevelComments
Timothy J. MurisR05/25/0109/25/08IIIChair
Sheila F. AnthonyD09/24/9709/25/02IV
Mozelle W. ThompsonD03/12/9809/25/03IV
Orson SwindleR03/12/9809/25/04IV
Thomas B. LearyR11/10/9909/25/05IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Timothy J. MurisaRCommissioner04/23/0105/25/0132
Timothy J. MurisaRCommissioner04/25/0105/25/0130
Mean number of days to confirm a nomination31
a The first nomination was for the completion of an unexpired term, and the second was for the
succeeding term.



Foreign Claims Settlement Commission (FCSC)
The FCSC, located in the Department of Justice, consists of three members
(political balance is not required) who serve three-year terms. When a term expires,
the member may continue to serve until a successor takes office. Only the chair, who
also is appointed by the President with the advice and consent of the Senate, serves
full-time. (22 U.S.C. 1622)
Current Membership
Date Term Pay
Incumbent P arty confirmed expires level Comments
Mauricio J.na01/25/0209/30/03VChair
Tamargo
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
John R. LaceyanaChair01/05/01Withdrawn 03/19/01b
Mauricio J. TamargonaChair07/12/01Returned 08/03/01c
Mauricio J. TamargonaChair09/04/0101/25/02110d
na - not applicable.a
On Jan. 3, 2001, Lacey was given a recess appointment to serve as chair, which expired at the endthst
of the 107 Congress, 1 session.b
The nomination was submitted by President Clinton and withdrawn by President Bush.c
Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.d
If the number of days Tamargos first (pre-recess) nomination was pending in the Senate were
included in this number, it would be 132, rather than 110.



Merit Systems Protection Board (MSPB)
The MSPB consists of three members (no more than two may be from the same
political party) who serve seven-year terms. When a term expires, the member may
continue to serve for one year. The President appoints the chair, subject to Senate
confirmation, and designates the vice chair. (5 U.S.C. 1201-1203)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Susanne T. MarshallR 11/09/9703/01/04IIIConfirmed as
member, recess
appointed as chair
Beth S. SlavetaD08/11/9503/01/02IV
Vacant 03/01/07 IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Barbara J. SapinbDMember01/05/01Withdrawn 03/19/01c
Beth S. SlavetDChair01/05/01Withdrawn 03/19/01c
Stuart D. RickRMember04/09/02Withdrawn 07/10/02
Susanne T. MarshallRChair05/13/02Returned 11/20/02d
Neil McPhieRMember07/09/02Returned 11/20/02d
Susanne T. MarshallRChairRecess appointment 08/06/02e
Susanne T. MarshallRChair09/30/02Returned 11/20/02d
a On Dec. 22, 2000, Slavet received a recess appointment to serve as chair. That recess appointment
expired at the end of the 107th Congress, 1st session. Her term as member expires as noted in
the table.b
On Dec. 28, 2000, Sapin received a recess appointment to serve as a member, and she was alsothst
designated vice chair. The recess appointment expired at the end of the 107 Congress, 1
se ssio n.c
The nomination was submitted by President Clinton and withdrawn by President Bush.dth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.eth
Recess appointment expires at the end of the first session of the 108 Congress.



National Credit Union Administration (NCUA), Board
of Directors
The NCUA board consists of three members (no more than two members may
be from the same political party) who serve six-year terms. When a term expires, a
member may continue to serve until a successor takes office. The President
designates the chair and vice chair. (12 U.S.C. 1752a)
Current Membershipa
Date Term Pay
Incumbent P arty confirmed expires level Comments
Dennis DollarR10/09/9704/10/03IIIChair
Deborah MatzD03/22/0208/02/05IV
JoAnn JohnsonR03/22/0208/02/07IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Geoff BacinobDMember01/05/01Withdrawn 03/19/01c
JoAnn JohnsonRMember11/27/0103/22/0282
JoAnn JohnsonRMemberRecess Appointment 01/22/02d
Deborah MatzDMemberRecess Appointment 01/22/02d
Deborah MatzDMember02/27/0203/22/0223
Mean number of days to confirm a nomination53
a No vice chair has been designated.
b On Dec. 29, 2000, Bacino received a recess appointment, which expired at the end of the 107th
Congress, 1st session.c
The nomination was submitted by President Clinton and withdrawn by President Bush.dth
The recess appointments of Johnson and Matz expired at the end of the 107 Congress, by which
time their nominations had been confirmed by the Senate, as shown.



National Labor Relations Board (NLRB)
The NLRB consists of five members who serve five-year terms. Political
balance is not required, but, by tradition, no more than three members are from the
same political party. When a term expires, the member must leave office. The
President designates the chair. The President also appoints the general counsel,
subject to the advice and consent of the Senate. (29 U.S.C. 153)
Current Membership
Date TermPay
IncumbentPartyconfirmed expireslevelComments
Robert J. BattistaR11/14/0212/16/07IIIChair
R. Alexander AcostaR11/14/0208/27/03IV
Dennis P. WalshD11/14/0212/16/04IV
Peter SchaumberR11/14/0208/27/05IV
Wilma B. LiebmanD11/14/0208/27/06IVReappointed
Arthur F. RosenfeldR5/26/014 yearsIVGeneral Counsel
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Dennis P. WalshcDMember01/05/01Withdrawn 03/19/01d
Arthur F. RosenfeldRGeneral Counsel05/24/0105/26/012
Peter J. HurtgenRMemberRecess Appointment 08/31/01 c
R. Alexander AcostaRMember10/09/01Returned 11/20/02
Dennis P. WalshDMember11/07/0111/14/02307
Michael BartlettRMemberRecess Appointment 01/22/02 c
William CowenRMemberRecess Appointment 01/22/02 c
R. Alexander AcostaRMember02/28/0211/14/02227
Peter SchaumberRMember05/23/0211/14/02143
Robert J. BattistaRMember06/13/02Withdrawn 10/04/02
Robert J. BattistaRMember10/04/0211/14/0241
Wilma B. LiebmanDMember10/04/0211/14/0241
Mean number of days to confirm a nomination127
a On Dec. 29, 2000, Walsh received a recess appointment, which expired at the end of the 107th
Congress, 1st session.b
The nomination was submitted by President Clinton and withdrawn by President Bush.cth
Each of these recess appointments expired at the end of the 107 Congress.



National Mediation Board (NMB)
The board consists of three members (no more than two may be from the same
political party) who serve three-year terms. When a term expires, the member
continues to serve until a successor takes office. The board annually designates a
chair. (45 U.S.C. 154)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Francis J. DugganR11/19/9907/01/03IIIChair
Edward J. Fitzmaurice, Jr.R08/01/0207/01/04IV
Harry R. HoglanderD08/01/0207/01/05IV
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Edward J. Fitzmaurice, Jr.RMember11/09/0108/01/02232
Harry R. HoglanderDMember07/09/0208/01/0223
Mean number of days to confirm a nomination128



National Transportation Safety Board (NTSB)
The board consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President appoints the chair,
from among the members, for a two-year term, with the advice and consent of the
Senate, and designates the vice chair. (49 U.S.C. 1902)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Carol J. CarmodyD05/24/0012/31/04IIIActing Chair
George W. Black, Jr.R10/21/9712/31/01IVReappointed
John A. HammerschmidtR08/03/0112/31/02IVReappointed
John J. GogliaI05/24/0012/31/03IVReappointed
Vacant 12/31/05 IV
Appointment Action in the 107th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
John A. HammerschmidtRMember06/27/0108/03/0137
Marion BlakeyRMember06/29/01Returned 08/03/01a
Marion BlakeyRChair06/29/01Returned 08/03/01a
Marion BlakeyRMember09/04/0109/21/0117b
Marion BlakeyRChair09/04/0109/21/0117b
c d
Richard F. HealingMember07/11/02Returned 11/20/02
Mean number of days to confirm a nomination24
a Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.b
If the number of days Blakey’s first (pre-recess) nominations were pending in the Senate were
included in these numbers, each would be 52, rather than 17. The mean number of days to
confirm a nomination for the agency would then be 47. c
Information not available.dth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



Nuclear Regulatory Commission (NRC)
The NRC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, the member must
leave office. The President designates the chair. The President also appoints the
inspector general, with the advice and consent of the Senate. (42 U.S.C. 5841)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Richard A. MeserveD10/01/9906/30/04IIChair
Greta J. DicusD10/21/9806/30/03IIIReappointed
Edward McGaffiganD05/24/0006/30/05IIIReappointed
Nils J. DiazR09/26/0106/30/06IIIReappointed
Jeffrey S. MerrifieldR08/01/0206/30/07IIIReappointed
Hubert T. Bell, Jr.na06/11/96IndefiniteIVInspector General
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Nils J. DiazRMember07/25/01Returned 08/03/01a
Nils J. DiazRMember09/04/0109/26/0122b
Jeffrey S. MerrifieldRMember06/17/0208/01/0245
Mean number of days to confirm a nomination34
na - not applicable.a
Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.b
If the number of days Diazs first (pre-recess) nomination was pending in the Senate were included
in this number, it would be 31, rather than 22, and the mean number of days to confirm would
then be 38.



Occupational Safety and
Health Review Commission (OSHRC)
The OSHRC consists of three members (political balance is not required) who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (29 U.S.C. 661)
Current Membership
Da te Term Pay
IncumbentPartyconfirmed expireslevelComments
W. Scott RailtonnaRecess Appt.04/27/07IIIChair
(08/06/02)
Thomasina V. Rogersna10/21/9804/27/03IV
James M. Stephensna11/14/0204/27/05IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Ross E. EisenbreyanaMember01/05/01Withdrawn 03/19/01b
W. Scott RailtonnaMember06/14/02Returned 11/20/02c
W. Scott RailtonnaMemberRecess Appointment 08/06/02d
James M. StephensnaMember09/10/0211/14/0265
W. Scott RailtonnaMember09/30/02Returned 11/20/02c
na - not applicable.ath
On Jan. 3, 2001, Eisenbrey received a recess appointment, which expired at the end of the 107st
Congress, 1 session.b
The nomination was submitted by President Clinton and withdrawn by President Bush.cth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.dth
Recess appointment expires at the end of the first session of the 108 Congress.



Postal Rate Commission (PRC)
The PRC consists of five members (no more than three may be from the same
political party) who serve six-year terms. When a term expires, the member may
continue to serve for one year. The President designates the chair. The
commissioners designate the vice chair. (39 U.S.C. 3601)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
George A. OmasR10/26/0010/14/06IIIChair
Dana B. Covington, Sr.R10/21/9810/14/04IV
Tony HammondR11/12/0211/22/04IV
Vacant 10/14/06 IV
Ruth Y. GoldwayD11/12/0211/22/08IVReappointed
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Tony HammondRCommissioner04/11/02Returned 11/20/02a
Ruth Y. GoldwayDCommissioner08/01/0211/12/0271
Tony HammondRCommissionerRecess appointment 08/06/02b
Tony HammondRCommissioner09/30/0211/12/0243
Mean number of days to confirm a nomination57
a Returned to the President at the end of the 107th Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.bth
Recess appointment expires at the end of the first session of the 108 Congress.



Railroad Retirement Board (RRB)
The board consists of three members (political balance is not required) who
serve five-year terms. When a term expires, the member may continue to serve until
a successor takes office. The President appoints the chair, and an inspector general,
with the advice and consent of the Senate. (45 U.S.C. 231f)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Cherryl T. Thomasna04/27/9808/28/02IIIChair
Jerome F. Keverna05/24/0008/28/03IVManagement
Memb er,
Reappointed
Virgil M. Speakman, Jr.na05/24/0008/28/04IVLabor Member,
Reappointed
Martin J. Dickmanna10/08/94IndefiniteaIVInspector General
na - not applicable.a
The President may remove the incumbent at any time, provided notice of the reasons for the removal
is sent to Congress.
No Appointment Action in the 107th Congress



Securities and Exchange Commission (SEC)
The commission consists of five members (no more than three may be from the
same political party) who serve five-year terms. When a term expires, the member
may continue to serve until the end of the next session of Congress. The President
designates the chair. (15 U.S.C. 78d)
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Harvey PittaR08/01/0106/05/07IIIChair
Paul S. AtkinsR07/25/0206/05/03IV
Harvey J. GoldschmidD07/25/0206/05/04IV
Roel C. CamposD07/25/0206/05/05IV
Cynthia A. GlassmanR07/25/0206/05/06IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Harvey PittbRMember07/10/01Withdrawn 07/18/01
Harvey PittbRMember07/18/0108/01/0114
Harvey PittbRMember07/18/0108/01/0114
Paul S. AtkinsRMember12/20/0107/25/02184
Cynthia A. GlassmanRMember12/20/0107/25/02184
Cynthia A. GlassmanRMemberRecess Appointment 01/22/02c
Isaac C. Hunt, Jr.DMemberRecess Appointment 01/22/02c
Harvey J. GoldschmidDMember05/23/0207/25/0263
Roel C. CamposDMember07/16/0207/25/029
Mean number of days to confirm a nomination78
a Pitt resigned from office on November 5, 2002, with the provision that the resignation become
effective after a period of transition.b
Pitt’s first nomination, for the position with a term expiring in 2005, was withdrawn. He was then
nominated and confirmed for the position with a term expiring June 5, 2002 and for the
succeeding term in that position.cth
The recess appointments of Glassman and Hunt expired at the end of the 107 Congress. By that
time, Glassman had been confirmed by the Senate, as noted above.



Surface Transportation Board (STB)
The STB, located within the Department of Transportation, consists of three
members (no more than two may be from the same political party) who serve five-
year terms. When a term expires, the member may continue to serve until a
successor takes office, but not for more than one year after expiration. The President
designates the chair. (49 U.S.C. 701)
Current Membership
Date TermPay
IncumbentPartyconfirmed expireslevelComments
Roger P. NoberR11/14/0212/31/05IIIChair
Wayne O. BurkesR02/22/9912/31/02IVVice Chair
Linda J. MorganD11/10/9912/31/03IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Roger P. NoberRMember07/18/0211/14/0287



Tennessee Valley Authority (TVA)
The TVA consists of three members (political balance is not required) who
serve nine-year terms. When a term expires, the member must leave office. The
President designates the chair. (16 U.S.C. 831a)
Current Membership
Date Term Pay
Incumbent P arty confirmed expires level Comments
Glenn L. McCullough, Jr.na11/10/9905/18/05IIIChair
Skila Harrisna11/10/9905/18/08IV
William Baxterna11/27/0105/18/11IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
William BaxteranaMember09/19/0111/27/0169
William BaxteranaMember09/19/0111/27/0169
Mean number of days to confirm a nomination69
na - not applicable.a
Baxter was nominated and confirmed for a position with a term expiring May 18, 2002, and for the
succeeding term in that position.



United States International Trade Commission
(USITC)
The USITC consists of six members (no more than three may be from the same
political party) who serve nine-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair for two-year terms of office, but they may neither belong to the same
political party nor be the two most recently appointed members of the commission.
A new chair may not belong to the same political party as the chair being replaced,
unless the replacement is to complete an unexpired term. (19 U.S.C. 1330)
Current Membership
Date TermPay
Incumbent P arty confirmed expires level Comments
Deanna T. OkunR11/19/9906/16/08IIIChaira
Jennifer A. HillmanD07/30/9812/16/06IVVice Chaira
Lynn M. BraggR03/25/9406/16/02IV
Marcia E. MillerD06/26/9612/16/03IV
Stephen KoplanD07/30/9806/16/05IV
Vacant 12/05/09 IV
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Dennis M. DevaneybRMember01/05/01Withdrawn 03/19/01c
Charlotte A. LaneRMember06/07/02Returned 11/20/02d
Daniel PearsonRMember11/14/02Returned 11/20/02d
a The chair and vice chair terms expire on June 16, 2004.
b On Jan. 3, 2001, Devaney received a recess appointment, which expired at the end of the 107th
Congress, 1st session.c
The nomination was submitted by President Clinton and withdrawn by President Bush.dth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



United States Parole Commission (USPC)
The USPC is an independent agency in the Department of Justice. The enabling
statute calls for five commissioners (political balance is not required), and when a
term expires, a member may continue to serve until a successor takes office. The
President designates the chair. The commission is to be phased out by November 1,
2002. Since 1998, the Attorney General has been required to make an annual report
to Congress indicating whether the commission should be abolished before the
phase-out date. (P.L. 104-232, as amended by P.L. 105-33, Title XI, sec. 11231(d),

111 Stat. 745, 18 U.S.C. 4202)


Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
Edward F. Reillyna08/12/9108/14/98IVChair
John R. Simpsonna04/10/9208/21/98V
Michael J. Gainesna09/28/9412/30/99V
Vacant a V
a
Vacant V
Appointment Action in the 107th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Timothy E. Jones, Sr.cnaCommissioner01/05/01Withdrawn 03/19/01d
Cranston J. MitchellnaCommissioner07/31/01Returned 08/03/01b
Edward F. ReillynaCommissioner07/31/01Returned 08/03/01b
Marie F. RagghiantinaCommissioner07/31/01Returned 08/03/01b
Gilbert G. GallegosnaCommissioner07/31/01Returned 08/03/01b
Edward F. ReillynaCommissioner09/25/01Returned 11/20/02e
Cranston J. MitchellnaCommissioner09/25/01Returned 11/20/02e
na - not applicable.a
The future of this commission and, consequently, the terms of these positions are unclear.b
Returned to the President at the beginning of a 31-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.cth
On Dec. 29, 2000, Jones received a recess appointment, which expired at the end of the107st
Congress, 1 session.d
The nomination was submitted by President Clinton and withdrawn by President Bush.eth
Returned to the President at the end of the 107 Congress under the provisions of Senate Rule XXXI,
paragraph 6 of the Standing Rules of the Senate.



United States Sentencing Commission (USSC)
The USSC consists of seven members, all federal judges, appointed to six-year
terms, but only the chair and three vice chairs serve full-time. The chair is appointed,
subject to Senate confirmation; the vice chairs are designated by the President. No
more than four members may be of the same political party, and no more than two
of the vice chairs may be of the same political party. When a term expires, an
incumbent may continue to serve until a successor takes office. The Attorney
General or a designee serves ex officio. (28 U.S.C. 991(a))
Current Membership
DateTerm Pay
Incumbent P arty confirmed expires level Comments
a
Diana E. Murphy11/10/9910/31/05naChair
Ruben Castilloa11/10/9910/31/03naVice Chair
a
William Sessions III11/10/9910/31/03naVice Chair
a
John R. Steer11/10/9910/31/05naVice Chair
a Although party balance is statutorily required as discussed above, the commission staff does not
collect this information.
No Appointment Action in the 107th Congress



Appendix A. Nominees and Appointees, 107th
Congress
NomineeAgencyaNominationConfirmationDays to
da t e da t e confirm
Kathleen Q. AbernathyFCC04/30/01Withdrawn 05/01/01
Kathleen Q. AbernathyFCC05/01/0105/25/0124
R. Alexander AcostaNLRB10/09/01Returned 11/20/02
R. Alexander AcostaNLRB02/28/0211/14/02227
Jonathan S. AdelsteinFCC07/10/0211/14/0295
Eduardo Aguirre, Jr.EXIMBANK05/22/01Returned 08/03/01
Eduardo Aguirre, Jr.EXIMBANK09/04/0112/20/01107
Tony ArmendarizFLRA04/30/0107/11/0172
Paul S. AtkinsSEC12/20/0107/25/02184
Geoff BacinoNCUA01/05/01Withdrawn 03/19/01
Michael BartlettNLRBRecess appointment 01/22/02
Robert J. BattistaNLRB06/13/02Withdrawn 10/04/02
Robert J. BattistaNLRB10/04/0211/14/0241
William BaxterTVA09/19/0111/27/0169
William BaxterTVA09/19/0111/27/0169
Ben S. BernankeFRS07/11/0207/31/0220
Susan S. BiesFRS08/03/01Returned 08/03/01
Susan S. BiesFRS09/04/0112/06/0193
Marion Blakey (Member)NTSB06/29/01Returned 08/03/01
Marion Blakey (Chair)NTSB06/29/01Returned 08/03/01
Marion Blakey (Member)NTSB09/04/0109/21/0117
Marion Blakey (Chair)NTSB09/04/0109/21/0117
Steven R. BlustFMC03/14/0208/01/02140
Shirlee BowneFHFB09/14/01Withdrawn 11/15/01
John S. BreslandCSHIB06/17/0208/01/0245
Sharon Brown-HruskaCFTC04/09/0208/01/02114
Nora M. BrownellFERC04/30/0105/25/0125
Nora M. BrownellFERC04/30/0105/25/0125
Dale CabanissFLRA09/03/02Returned 11/20/02
Roel C. CamposSEC07/16/0207/25/029
Michael J. CoppsFCC04/30/01Withdrawn 05/01/01
Michael J. CoppsFCC05/01/0105/25/0124
William CowenNLRBRecess appointment 01/22/02



NomineeAgencyaNominationConfirmationDays to
da t e da t e confirm
Dennis M. DevaneyUSITC01/05/01Withdrawn 03/19/01
Nils J. DiazNRC07/25/01Returned 08/03/01
Nils J. DiazNRC09/04/0109/26/0122
Cari M. DominguezEEOC05/10/01Returned 08/03/01
Cari M. DominguezEEOC05/10/0107/19/0170
Michael F. DuffyFMSHRC04/22/0211/19/02179
Michael V. DunnFCA01/05/01Withdrawn 03/19/01
Rebecca DyeFMC06/13/0211/14/02122
Naomi C. EarpEEOC11/27/01Returned 11/20/02
Peter EideFLRA06/28/02Returned 11/20/02
Ross E. EisenbreyOSHRC01/05/01Withdrawn 03/19/01
Roger W. Ferguson, Jr.FRS04/23/0107/19/0187
Edward J. Fitzmaurice, Jr.NMB11/09/0108/01/02232
Douglas L. FloryFCA05/13/0208/01/0280
Diana E. Furchtgott-RothFHFB05/23/02Returned 11/20/02
Mary S. GallCPSC05/08/01Returned 08/03/01
Gilbert G. GallegosUSPC07/31/01Returned 08/03/01
Cynthia A. GlassmanSEC12/20/0107/25/02184
Cynthia A. GlassmanSECRecess appointment 01/22/02
Harvey J. GoldschmidSEC05/23/0207/25/0263
Ruth Y. GoldwayPRC08/01/0211/12/0271
J. Joseph GrandmaisonEXIMBANK11/29/0112/20/0121
John A. HammerschmidtNTSB06/27/0108/03/0137
Tony HammondPRC04/11/02Returned 11/20/02
Tony HammondPRCRecess appointment 08/06/02
Tony HammondPRC09/30/0211/12/0243
Richard F. HealingNTSB07/11/02Returned 11/20/02
James J. HoeckerFERC01/05/01Withdrawn 03/19/01
Harry R. HoglanderNMB07/09/0208/01/0223
Isaac C. Hunt, Jr.SECRecess appointment 01/22/02
Peter J. HurtgenNLRBRecess appointment 08/31/01
JoAnn JohnsonNCUA11/27/0103/22/0282
JoAnn JohnsonNCUARecess appointment 01/22/02



NomineeAgencyaNominationConfirmationDays to
da t e da t e confirm
Timothy E. Jones, Sr.USPC01/05/01Withdrawn 03/19/01
Joseph T. KelliherFERC05/02/02Returned 11/20/02
Donald L. KohnFRS07/11/0207/31/0220
John T. KorsmoFHFB10/09/0111/29/0151
John T. KorsmoFHFB10/09/0111/29/0151
John R. LaceyFCSC01/05/01Withdrawn 03/19/01
Charlotte A. LaneUSITC06/07/02Returned 11/20/02
Franz S. LeichterFHFB11/07/0111/29/0122
Wilma B. LiebmanNLRB10/04/0211/14/0241
Walter LukkenCFTC04/16/0208/01/02107
John E. MansfieldDNFSB05/08/0208/01/0285
Susanne T. MarshallMSPB05/13/02Returned 11/20/02
Susanne T. MarshallMSPBRecess appointment 08/06/02
Susanne T. MarshallMSPB09/30/02Returned 11/20/02
Kevin J. MartinFCC04/30/0105/25/0125
R. Bruce MatthewsDNFSB05/08/02Returned 11/20/02
Deborah MatzNCUARecess appointment 01/22/02
Deborah MatzNCUA02/27/0203/22/0223
Neil McPhieMSPB07/09/02Returned 11/20/02
Allan I. MendelowitzFHFB01/05/01Withdrawn 03/19/01
Allan I. MendelowitzFHFB11/07/0111/29/0122
Jeffrey S. MerrifieldNRC06/17/0208/01/0245
Philip MerrillEXIMBANK09/30/0211/14/0245
Carolyn W. Merritt (Member)CSHIB06/05/0208/01/0257
Carolyn W. Merritt (Chair)CSHIB06/05/0208/01/0257
Cranston J. MitchellUSPC07/31/01Returned 08/03/01
Cranston J. MitchellUSPC09/25/01Returned 11/20/02
Timothy J. MurisFTC04/23/0105/25/0132
Timothy J. MurisFTC04/25/0105/25/0130
Susan NessFCC01/05/01Withdrawn 03/19/01
James E. NewsomeCFTC10/31/0112/20/0150
( C o mmi s s i o n e r )
James E. Newsome (Chair)CFTC10/31/0112/20/0150
Roger P. NoberSTB07/18/0211/14/0287



NomineeAgencyaNominationConfirmationDays to
da t e da t e confirm
Mark W. OlsonFRS08/03/01Returned 08/03/01
Mark W. OlsonFRS09/04/0112/06/0193
Daniel PearsonUSITC11/14/02Returned 11/20/02
Nancy C. PellettFCA06/14/0211/14/02121
Harvey PittSEC07/10/01Withdrawn 07/18/01
Harvey PittSEC07/18/0108/01/0114
Harvey PittSEC07/18/0108/01/0114
Donald E. Powell (Member)FDIC05/22/0107/12/0151
Donald E. Powell (Chair)FDIC05/22/0107/12/0151
Michael K. PowellFCC05/10/0105/25/0115
Marie F. RagghiantiUSPC07/31/01Returned 08/03/01
W. Scott RailtonOSHRC06/14/02Returned 11/20/02
W. Scott RailtonOSHRCRecess appointment 08/06/02
W. Scott RailtonOSHRC09/30/02Returned 11/20/02
John M. ReichFDIC07/11/0211/12/0292
Edward F. ReillyUSPC07/31/01Returned 08/03/01
Edward F. ReillyUSPC09/25/01Returned 11/20/02
Stuart D. RickMSPB04/09/02Withdrawn 07/10/02
John E. RobsonEXIMBANK04/30/0105/17/0117
Arthur F. RosenfeldNLRB05/24/0105/26/012
Barbara J. SapinMSPB01/05/01Withdrawn 03/19/01
Peter SchaumberNLRB05/23/0211/14/02143
Leslie SilvermanEEOC02/11/0203/01/0218
Beth S. SlavetMSPB01/05/01Withdrawn 03/19/01
James M. StephensMember09/10/0211/14/0265
Harold D. Stratton (Commissioner)CPSC03/13/0207/25/02134
Harold D. Stratton (Chair)CPSC03/13/0207/25/02134
Stanley C. SuboleskiFMSHRC03/22/02Returned 11/20/02
Mauricio J. TamargoFCSC07/12/01Returned 08/03/01
Mauricio J. TamargoFCSC09/04/0101/25/02110
Michael E. TonerFEC03/04/02Returned 11/20/02
Michael E. TonerFECRecess appointment 03/29/02
Michael E. TonerFEC05/16/02Returned 11/20/02



NomineeAgencyaNominationConfirmationDays to
da t e da t e confirm
Dennis P. WalshNLRB01/05/01Withdrawn 03/19/01
Dennis P. WalshNLRB11/07/0111/14/02307
Ellen L. WeintraubFEC11/19/02Returned 11/20/02
Ellen L. WeintraubFECRecess Appointment 12/06/02
Patrick H. WoodFERC04/30/0105/25/0125
Mean number of days to confirmb70
Median number of days to confirmb51
a The key to agency acronyms is found in Appendix C.
b All pending nominations were returned to the President prior to the August 2001 recess, and new
nominations were submitted for most of the affected nominees in early September. If the pre-
recess days during which a nominee was under consideration in the Senate were included for all
confirmed nominees, the mean number of days to confirm would be 72 and the median would
be 52. Please see page 2 of this report regarding the calculation of this number.



CRS-49
Appendix B. Appointment Action, 107th Congress
IncumbentPositions ReturnedReturned atRecess
serving;to whichat Aug.the end ofthappoint-
TotalVacantatermaNominationsIndividualnominationsb2001the 107ments
Positionspositionsexpiredsubmittednomineeswere madeConfirmationsrecessCongressWithdrawn(Bush)
I B 5 3 2 3 * 3
T 11434 4
SC 3 3 2 3 * 2 1
5 2 1 2 2 2 1 1
6 3 4 3 3 2 1 1
iki/CRS-RL30910NK 5 5 4 3 4 1
g/w3 3 3 2 2 1
s.or
leak5 8 6 5 5 3
://wikiC 4 1 3 2 3 * 3
httpC 6 3 2 2 3 2
R 52 54 3 3 11
B 4 175 4 4 12
RA 1133 3 1 2
C 5 122 2 2
5 3 2 2 2 1 1
7 7 5 5 5 2
C 5 121 1 2
1 3 2 1 1 1 1
SPB 311653* 0 33 1
UA 3 3 3 2 2 1 2
RB 6 9 6 c 66 123
3 2 2 2 2



CRS-50
IncumbentPositions ReturnedReturned atRecess
serving;to whichat Aug.the end ofthappoint-
TotalVacantatermaNominationsIndividualnominationsb2001the 107ments
Positionspositionsexpiredsubmittednomineeswere madeConfirmationsrecessCongressWithdrawn(Bush)
SB 512634* 321
C 6 3 2 2 2 1
C 3 4 3 2 1 2 1 1
C 5 1 3 2 2 2 1 1
4 1
C 5 7 6 5 6 1 2
B 3 111 1 1
iki/CRS-RL30910A 3 2 1 1 2
g/w
s.orC 6 1 3 3 2 2 1
leakP 52375 4 421
://wiki4
httpTALS 147 19 14 125 95 c 87 72 13 22 18 12
of Jan. 3, 2003.
is column counts, as two nominations for one individual, separate nominations for member (or commissioner) and chair. Such instances have been identified by asterisk. The
column does not count multiple nominations to one position for successive terms.th
is figure does not include three recess appointees who were not nominated to Senate-confirmed positions during the 107 Congress.
ote b.



CRS-51
Appendix C. Senate Recessesa for the 107th
Congress
Date recessedDate reconvenedNumber of daysb
recessed
The first session of 107th Congress convened on 01/03/01.
01/08/01 01/20/01 11
02/15/01 02/26/01 10
04/06/01 04/23/01 16
05/26/01 06/05/01 9
06/29/01 07/09/01 9
08/03/01 09/04/01 31
10/18/01 10/23/01 4
11/16/01 11/27/01 10
The Senate adjourned sine die on 12/20/01. The second session of 107th Congress
convened 01/23/02. The intersession (period between these two dates) was 33 days
long.
01/29/02 02/04/02 5
02/15/02 02/25/02 9
03/22/02 04/08/02 16
05/23/02 06/03/02 10
06/28/02 07/08/02 9
08/01/02 09/03/02 32
The Senate adjourned sine die on 11/20/02. The first session of the 108th Congress
convened on 01/07/03. The intersession (period between these two dates) was 47
days long.
a Includes all recesses of four days or longer as indicated in the Senate “Days-in-Session Calendars
Web site at [http://thomas.loc.gov/home/ds/index.html#senate], visited Feb. 3, 2002.b
In this table, the number of days recessed includes all those days between the date recessed and the
date reconvened.



CRS-52
Appendix D. Agency Abbreviations
CSHIBChemical Safety and Hazard Investigation Board
CFTCCommodity Futures Trading Commission
CPSCConsumer Product Safety Commission
DNFSBDefense Nuclear Facilities Safety Board
EEOCEqual Employment Opportunity Commission
EXIMBANKExport-Import Bank
FCAFarm Credit Administration
FCCFederal Communications Commission
FDICFederal Deposit Insurance Corporation, Board of
Directors
FECFederal Election Commission
FERCFederal Energy Regulatory Commission
FHFBFederal Housing Finance Board
FLRAFederal Labor Relations Authority
FMCFederal Maritime Commission
FMSHRCFederal Mine Safety and Health Review Commission
FRSFederal Reserve System, Board of Governors
FTCFederal Trade Commission
FCSCForeign Claims Settlement Commission
MSPBMerit Systems Protection Board
NCUANational Credit Union Administration, Board of Directors
NLRBNational Labor Relations Board
NMBNational Mediation Board
NTSBNational Transportation Safety Board
NRCNuclear Regulatory Commission
OSHRCOccupational Safety and Health Review Commission
PRCPostal Rate Commission
RRBRailroad Retirement Board
SECSecurities and Exchange Commission
STBSurface Transportation Board
TVATennessee Valley Authority
USITCUnited States International Trade Commission
USPCUnited States Parole Commission
USSCUnited States Sentencing Commission