Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 108th Congress

CRS Report for Congress
Presidential Appointments to Full-Time Positions
on Regulatory and Other Collegial Boards
th
and Commissions, 108 Congress
January 26, 2005
Henry B. Hogue
Government and Finance Division
Maureen O. Bearden, Kathleen M. Doddridge,
Judith B. Frazier-Thompson, Julissa Gomez,
and Jennifer E. Manning
Information Research Division


Congressional Research Service ˜ The Library of Congress

Presidential Appointments to Full-Time Positions
on Regulatory and Other Collegial Boards
and Commissions, 108th Congress
Summary
During the 108th Congress, President George W. Bush submitted nominations
to the Senate for 77 of the 153 full-time positions on 34 regulatory and other boards
and commissions that have such positions. A total of 102 nominations were
submitted for these positions, of which 72 were confirmed, 6 were withdrawn, and
24 were returned to the President. The number of nominations exceeds the number
of positions because the President submitted multiple nominations for some
positions. In some cases, for example, the President submitted one nomination for
the end of a term in progress and a second nomination of the same person to the same
position for the succeeding term. In other cases, the President submitted a second
nomination after his first choice failed to be confirmed. The President also usually
submits an “extra” nomination of an individual to whom he has given a recess
appointment in order to comply with a law affecting the payment of that appointee.
President Bush made 15 appointments to regulatory and other boards and
commissions when the Senate was adjourned during a session (known as intrasession
recess appointments) and 2 other appointments between sessions (known as
intersession recess appointments). At the end of the Congress, 15 incumbents were
serving past the expiration of their terms. In addition, there were 12 vacancies
among the 153 positions. For 3 of these 12 vacancies — one at the National Labor
Relations Board and two at the Nuclear Regulatory Commission — the President had
submitted nominations during the 108th Congress that were not confirmed by its end.
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate. It also
specifies, for the 108th Congress, all nominations to full-time positions on 34
regulatory and other collegial boards and commissions. Profiles of each board and
commission provide information on their organizational structures, membership as
of December 8, 2004, and appointment activity during that Congress. The
organizational section discusses the statutory requirements for the appointed
positions, including the number of members on each board or commission, their
terms of office, whether or not they may continue in their positions after their terms
expire, whether or not political balance is required, and the method for selection of
the chair. Membership and appointment activity are provided in tabular form. The
report also includes tables summarizing the collective appointment activity for all 34
bodies, and identifying Senate recesses during the 108th Congress.
Information for this report was compiled from data from the Senate nominations
database of the Legislative Information System at [http://www.congress.gov/nomis/],
telephone discussions with agency officials, agency websites, the United States Code,
and the 2004 edition of United States Government Policy and Supporting Positions
(more commonly known as the Plum Book).
This report will not be updated.



Contents
In troduction ......................................................1
The Appointment Process for PAS Positions........................1
Selection, Clearance, and Nomination..........................1
Senate Consideration.......................................3
Appointment .............................................4
Recess Appointments.......................................4
Characterization of Regulatory and Other Collegial Bodies.............5th
Appointments During the 108 Congress...........................6
Average Time to Confirm a Nomination............................7
Organization of the Report.......................................8
Board and Commission Profiles..............................8
Additional Appointment Information..........................9
Chemical Safety and Hazard Investigation Board (CSHIB)................10
Commodity Futures Trading Commission (CFTC).......................11
Consumer Product Safety Commission (CPSC).........................12
Defense Nuclear Facilities Safety Board (DNFSB).......................13
Election Assistance Commission (EAC)...............................14
Equal Employment Opportunity Commission (EEOC)....................15
Export-Import Bank (EXIMBANK) Board of Directors...................16
Farm Credit Administration (FCA)...................................17
Federal Communications Commission (FCC)...........................18
Federal Deposit Insurance Corporation (FDIC), Board of Directors..........19
Federal Election Commission (FEC)..................................20
Federal Energy Regulatory Commission (FERC)........................21
Federal Housing Finance Board (FHFB)...............................22
Federal Labor Relations Authority (FLRA).............................23
Federal Maritime Commission (FMC)................................24
Federal Mine Safety and Health Review Commission (FMSHRC)..........25
Federal Reserve System (FRS), Board of Governors.....................26
Federal Trade Commission (FTC)....................................27
Foreign Claims Settlement Commission (FCSC)........................28
Merit Systems Protection Board (MSPB)..............................29
National Credit Union Administration (NCUA), Board of Directors.........30
National Labor Relations Board (NLRB)..............................31
National Mediation Board (NMB)....................................32
National Transportation Safety Board (NTSB)..........................33
Nuclear Regulatory Commission (NRC)...............................34
Occupational Safety and Health Review Commission (OSHRC)............35
Postal Rate Commission (PRC)......................................36
Railroad Retirement Board (RRB)....................................37
Securities and Exchange Commission (SEC)...........................38
Surface Transportation Board (STB)..................................39
Tennessee Valley Authority (TVA)...................................40
United States International Trade Commission (USITC)..................41
United States Parole Commission (USPC).............................42
United States Sentencing Commission (USSC).........................43



Appendix B. Appointment Action, 108th Congress.......................49
Appendix C. Senate Adjournmentsa During the 108th Congress.............51
Appendix D. Board/Commission Abbreviations.........................52



Presidential Appointments to Full-Time
Positions on Regulatory and Other Collegial
th
Boards and Commissions, 108 Congress
Introduction
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate (PAS
positions). It also specifies, for the 108th Congress, all nominations to full-time
positions on 34 regulatory and other collegial boards and commissions that have such
positions (e.g., Consumer Product Safety Commission, Federal Reserve Board,
Election Assistance Commission). Profiles of each board and commission provide
information on their organizational structures, membership as of the end of the 108th
Congress, and appointment activity during that Congress.
The Appointment Process for PAS Positions
The President and the Senate share the power to appoint the principal officers
of the United States.1 The Constitution (Article II, Section 2, clause 2) empowers the
President to nominate and, by and with the advice and consent of the Senate, to
appoint the principal officers of the United States.2 Three distinct stages mark the
appointment process: selection, clearance, and nomination by the President;
consideration by the Senate, and appointment by the President.
Selection, Clearance, and Nomination. In this stage, the White House
selects and clears a nominee before sending the formal nomination to the Senate.
There are a number of steps in this stage of the process for most Senate-confirmed
positions. First, with the assistance of, and preliminary vetting by, the White House
Office of Presidential Personnel, the President selects a candidate for the position.
Interested parties, including Members of Congress, may have input during this
process. Most boards and commissions require a political balance among their
members (i.e., no more than a simple majority may be from the same political party),
so the President normally negotiates over nominations with leaders of the opposition


1A 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.
2Article II, Sec. 2, cl. 2, provides that the President “shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be established by Law:
but the Congress may by Law vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

party in Congress. These negotiations involve questions not only of patronage but of
policy, especially when the board or commission is involved in areas that, at the time,
may be particularly sensitive. This often results in a packaging process in which the
President submits several nominations together for positions in a particular agency
and the Senate then confirms them as a group. Sometimes, however, only one or two
nominations are submitted when three or four positions may be available. When this
occurs, a nomination may remain before the Senate for many months, until one or
two additional nominations are submitted. Generally, all are then quickly confirmed.
During the clearance process, the candidate prepares and submits several forms:
the “Public Financial Disclosure Report” (Standard Form (SF) 278), the
“Questionnaire for National Security Positions” (SF 86), and the White House
“Personal Data Statement Questionnaire.” The Office of the Counsel to the President
oversees the clearance process, which often includes background investigations
conducted by the Federal Bureau of Investigation (FBI), the Internal Revenue Service
(IRS), the Office of Government Ethics (OGE), and an ethics official for the agency
to which the candidate is to be appointed. If conflicts are found during the
background check, OGE and the agency ethics officer may work with the candidate
to mitigate the conflicts. Once the Office of the Counsel to the President has cleared
the candidate, the nomination is ready to be submitted to the Senate.
The selection and clearance stage is often the longest part of the appointment
process. There can be lengthy delays, particularly if many candidates are being
processed, as they are at the beginning of an Administration, or if conflicts need to
be resolved. Candidates for higher-level positions are often accorded priority in this
process. In an effort to reduce the elapsed time between a new President’s
inauguration and the appointment of his or her national security team, recent
amendments to the Presidential Transitions Act of 19633 encourage Presidents-elect
to submit, for security clearance, potential nominees to high-level national security
positions as soon as possible after the election.4
For positions located within a state (U.S. attorney, U.S. marshal, and U.S.
district judge), the President, by custom, normally nominates an individual
recommended by the Senator or Senators (if they are from the same party as the
President) from that state. If neither Senator is from the President’s party, he usually
defers to the recommendations of party leaders from the state. Occasionally, the
President solicits recommendations from Senators of the opposition party because of
their positions in the Senate. Before making a nomination to a federal position at the
state or national level, the President must consider how it will fare in the
confirmation process.
A nominee has no legal authority to assume the duties and responsibilities of the
position; the authority comes with Senate confirmation and presidential appointment.
A nominee who is hired by the agency as a consultant while awaiting confirmation
may serve only in an advisory capacity. If circumstances permit and conditions are
met, the President may give the nominee a recess appointment to the position (see


33 U.S.C. 102 note.
4P.L. 108-458, § 7601.

below). Recess appointments may have political consequences, however, particularly
if Senators perceive that an appointment is an effort to circumvent their constitutional
role. Some Senate-confirmed positions, such as many of those in the executive
departments, may also be temporarily filled under the Vacancies Act.5 Positions on
most boards and commissions, however, are not covered by this act.6
Senate Consideration. In the confirmation or second stage, the Senate alone
determines whether or not to confirm a nomination.7 The way the Senate acts on a
nomination depends largely on the importance of the position involved, existing
political circumstances, and policy implications. Generally, the Senate shows
particular interest in the nominees’ views and how they are likely to affect public
policy.8 Two other factors may also affect the scrutiny with which a nominee’s
personal and professional qualities are examined: whether or not the President’s party
controls the Senate and the degree to which the President becomes involved in
supporting the nomination.
The Senate confirmation process is centered at the committee level. Committee
nomination activity generally includes investigation, hearing, and reporting stages.
As part of investigatory work, committees may draw on information provided by the
White House as well as information collected by the committees. Hearings provide
a public forum to discuss a nomination and any issues related to the program or
agency for which the nominee would be responsible. Even if confirmation is thought
to be a virtual certainty, hearings may provide Senators and the nominee with an
opportunity to go on the record with particular views or commitments. Senators may
use hearings to explore a nominee’s qualifications, articulate a policy perspective, or
raise related oversight issues. Some committees hold hearings on nearly all
nominations; others hold hearings for only some.
The committee may discontinue acting on a nomination at any point — upon
referral, after investigation, or after a hearing. If the committee votes to report the
nomination back to the full Senate, it has three options: it may report the nomination
to the Senate favorably, report it unfavorably, or report it without recommendation.
If the committee elects not to report a nomination, the Senate may, under certain
circumstances, discharge the committee from further consideration of the nomination9


in order to bring it to the floor.
5P.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.
65 U.S.C. 3349c.
7For 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.
8G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free
Press, 1981), pp. 97-189.
9For more information, see CRS Report RL31980, Senate Consideration of Presidential
(continued...)

Although the Senate confirms most nominations, some nominations are not
confirmed. Rarely, however, does a rejection occur on the Senate floor. Nearly all
rejections occur in committee, either by committee vote or by committee inaction.
Rejections in committee occur for a variety of reasons, including opposition to the
nomination, inadequate amount of time for consideration of the nomination, or
factors that may have nothing to do with the merits of the nomination. If a
nomination is not acted upon by the Senate by the end of a Congress, it is returned
to the President. Pending nominations also may be returned automatically to the
President at the beginning of a recess of 30 days or longer, but the Senate rule
providing for this return is often waived.10
Appointment. In the final stage, the confirmed nominee is given a
commission signed by the President, with the seal of the United States affixed
thereto, and is sworn into office. The President may sign the commission at any time
after confirmation. Once the appointee is given the commission and sworn in, he or
she has full authority to carry out the responsibilities of the office.
Recess Appointments
The Constitution also empowers the President to make limited-term
appointments without Senate confirmation when the Senate is in recess.11 Such
recess appointments expire at the end of the next session of Congress. Appendix C
provides a table showing the dates of the Senate recesses for the 108th Congress and
the number of recess appointments during each recess.
Presidents have occasionally used the recess appointment power to circumvent
the confirmation process. In response, Congress has placed restrictions on the
President’s authority to make a recess appointment. Under 5 U.S.C. 5503(a), if the
position to which the President makes a recess appointment falls vacant while the
Senate is in session, the recess appointee may not be paid from the Treasury until he
or she is confirmed by the Senate. The salary prohibition does not apply (1) if the
vacancy arose within 30 days before the end of the session; (2) if a nomination for
the office (other than the nomination of someone given a recess appointment during
the preceding recess) was pending when the Senate recessed; or (3) if a nomination
was rejected within 30 days before the end of the session and another individual was
given the recess appointment. A recess appointment falling under any one of these
three exceptions must be followed by a nomination to the position not later than 40
days after the beginning of the next session of the Senate. For this reason, when a
recess appointment is made, the President generally submits a new nomination for


9 (...continued)
Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, p. 7.
10The rule may be found in U.S. Congress, Senate Committee on Rules and Administration,
Senate Manual, 107th Cong., 1st sess., S. Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule
XXXI, paragraph 6 of the Standing Rules of the Senate. For an example of a waiver of the
rule, see Sen. John E. Sununu, “Nomination in Status Quo,” Congressional Record, daily
edition, vol. 149, July 31, 2003, p. S10844.
11Art. II, Sec. 2, cl. 3.

the nominee even when an old nomination is pending.12 In addition, although recess
appointees whose nominations to a full term are subsequently rejected by the Senate
may continue to serve until the end of their recess appointment, a provision of the
annual Treasury and General Government Appropriations Act may prevent them
from being paid after their rejection.13
Characterization of Regulatory and Other Collegial Bodies
Federal executive branch boards and commissions share, among other things,
the following characteristics: (1) they are independent executive branch bodies
located, with four exceptions, outside executive departments;14 (2) several members
head each entity; (3) the members are appointed by the President with the advice and
consent of the Senate; and (4) the members serve fixed terms of office, and, except
in a few bodies, the President’s power to remove them is restricted.
A new commission or board member may be nominated and confirmed for a
position from which someone has resigned (or died) with an unexpired term or for
a position with a new term that is already underway. Occasionally, if the unexpired
term is for a very short period, the President submits two nominations of the same
person simultaneously — the first to complete the unexpired term and the second to
complete a regular term of office.
On some commissions, the chair is subject to Senate confirmation and must be
appointed from among the incumbent commissioners. If the President wishes to
appoint, as chair, someone who is not on the commission, two nominations are
submitted simultaneously for the nominee — one for member and the other for chair.
As independent entities with staggered membership, executive branch boards
and commissions have more political independence from the President than do
executive departments. Nonetheless, the President can sometimes exercise
significant influence over the composition of the membership when he designates the
chair or has the opportunity to fill a number of vacancies at once. For example,


12For a further information, see CRS Report RS21308, Recess Appointments: Frequently
Asked Questions, by Henry B. Hogue.
13P.L. 108-447, Division H, Sec. 609. The provision reads: “No part of any appropriation for
the current fiscal year contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the Senate has voted not
to approve the nomination of said person.” This provision has been part of this funding bill
since at least 1950.
14Exceptions include the Federal Energy Regulatory Commission (FERC), located in the
Department of Energy (DOE); the Foreign Claims Settlement Commission (FCSC) and the
United States Parole Commission (USPC), both located in the Department of Justice (DOJ);
and the Surface Transportation Board (STB), located in the Department of Transportation
(DOT). The FERC’s enabling statute designates it as an independent entity in DOE. The
FCSC is designated as an independent entity within DOJ, with a specific provision that
decisions of the commission shall not be subject to review by the Attorney General. The
enabling statutes of the STB and the USPC state only that they are located within their
respective departments.

President George W. Bush had the opportunity to shape the Securities and Exchange
Commission during the first two years of his presidency because of existing
vacancies, resignations, and the death of a member. Likewise, during the same time
period, President Bush was able to submit nominations for all of the positions on the
National Labor Relations Board because of existing vacancies, expiring recess
appointments, and resignations. Simultaneous turnover of board or commission
membership may sometimes result from coincidence. It may also sometimes be the
result of a buildup of vacancies after extended periods during which the President
fails to nominate, or the Senate fails to confirm, members.
Two other notable characteristics apply to appointments to some of the boards
and commissions. First, for 25 of the regulatory and other collegial boards and
commissions, the law limits the number of appointed members who may belong to
the same political party, usually to no more than a simple majority of the appointed
members (e.g., two of three, or three of five).15 Second, advice and consent
requirements also apply to inspector general appointments in five of these
organizations and general counsel appointments in three.
Appointments During the 108th Congress
During the 108th Congress, President George W. Bush submitted nominations
to the Senate for 77 of the 153 full-time positions on 34 regulatory and other boards
and commissions. (Most of the remaining positions were not vacant during that
time.) A total of 102 nominations were submitted for these positions, of which 72
were confirmed, 6 were withdrawn, and 24 were returned to the President. The
number of nominations exceeds the number of positions because the President
submitted multiple nominations for some positions. In some cases, for example, the
President submitted one nomination for the end of a term in progress and a second
nomination of the same person to the same position for the succeeding term. In other
cases, the President submitted a second nomination after his first choice failed to be
confirmed. The President also usually submits an “extra” nomination of an
individual to whom he has given a recess appointment in order to comply with a law
affecting the payment of that appointee. President Bush made 15 appointments to
regulatory and other boards and commissions when the Senate was adjourned during
a session (known as intrasession recess appointments) and 2 other appointments
between sessions (known as intersession recess appointments). Table 1 summarizes
the appointment activity for the 108th Congress. At the end of the Congress, 15
incumbents were serving past the expiration of their terms. In addition, there were
12 vacancies among the 153 positions. For 3 of these 12 vacancies — one at the
National Labor Relations Board and two at the Nuclear Regulatory Commission —
the President had submitted nominations during the 108th Congress that were not
confirmed by its end.


15For 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.

Table 1. Appointment Action for 34 Regulatory and Other
Boards and Commissions During the 108th Congress
Positions on the 34 boards and commissions (total)153
Positions to which nominations were made77
Individual nominees75
Nominations submitted to the Senate during the 108th Congress (total)102
Disposition of nominations
Confirmed by the Senate72
Withdrawn6
Returned (total)24
Beginning of the August 2003 recess0
End of the 1st session of the 108th Congress5
Beginning of the August 2004 recess2
End of the 2nd session of the 108th Congress17
Recess Appointments (total)17
Intrasession15
Intersession2
Average Time to Confirm a Nomination
The average time the Senate took to confirm a nomination to a regulatory or
other collegial board or commission, as well as the average time the President took
to submit a nomination after a term expired or a vacancy occurred, may not be as
meaningful when considering boards or commissions as it is when considering
executive departments and single-head independent agencies. Nearly all positions on
boards and commissions are for a fixed term of office, and when a term expires, the
incumbent is usually permitted to remain in office until he or she is replaced by a
successor. Moreover, a nomination is frequently submitted before an incumbent’s
term expires. Consequently, the time taken to confirm a nomination generally is not
as crucial for independent regulatory boards and commissions as it is for executive
departments and single-head independent agencies, where a nomination is generally
made to a position that is vacant.
The length of time a given nomination may be pending in the Senate varies
widely. Some nominations are confirmed within a few days, others may not be
confirmed for several months, and some are never confirmed. This report provides,
for each board or commission nomination that was confirmed in the 108th Congress,
the number of days between nomination and confirmation (“days to confirm”). These
counts exclude days during August recesses and between sessions of the Congress.
This cutoff point is suggested by the Senate rules, which provide that “if the Senate
shall adjourn or take recess for more than thirty days, all nominations pending and
not finally acted upon” shall be returned to the President, although this rule is often
waived.16 The 31 days during the August 2003 recess, the 41 days between the first


16U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th
(continued...)

and second sessions of the 108th Congress, and the 46 days during the August 2004
recess were subtracted from the “days to confirm” for those nominations that spanned
one or more recesses. Although it also exceeded 30 days, no days were subtracted
for a 35-day recess during October and November 2004 in order to maintain
consistency with similar reports for previous Congresses.
Organization of the Report
Board and Commission Profiles. Each of the 34 board or commission
profiles following the narrative portion of this report is organized into three parts: a
paragraph discussing the body’s organizational structure; a table identifying its17
membership as of December 8, 2004; and a table listing nominations and
appointments to its positions during the 108th Congress. The organizational sections
discuss the statutory requirements for the appointed positions, including the number
of members on each board or commission, their terms of office, whether or not they
may continue in their positions after their terms expire, whether or not political
balance is required, and the method for selection of the chair.
Data18 on appointment actions during the 108th Congress appear under both the
sections entitled “Membership as of December 8, 2004” and those entitled
“Appointment Action.” The former identifies the agency’s positions requiring Senate
confirmation and the incumbents in those positions as of the date specified.
Incumbents whose terms have expired are italicized. Most of the incumbents serve
fixed terms of office and are removable only for specified causes. They generally
remain in office when a new administration assumes office following a presidential
election. For those agencies requiring political balance among their members, the
party affiliation of an incumbent is listed as Democrat (D), Republican (R), or
Independent (I). The section also includes the pay levels of the positions. For
presidentially appointed positions requiring Senate confirmation, the pay levels fall
under the Executive Schedule, which ranges from level I, for cabinet-level offices,
to level V, for the lowest-ranked positions. Most of the chair positions are at level19


III ($149,200), and most of the other positions are at level IV ($140,300).
16(...continued)
Cong., 1st sess., S.Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.
17In a few cases, this information is provided for a later date in December because of
significant changes to the membership after Dec. 8.
18This report was compiled from data from the Senate nominations database of the
Legislative Information System [http://www.congress.gov/nomis/], telephone discussions
with agency officials, agency websites, the United States Code, and the “Plum Book” (U.S.
Congress, House Committee on Government Reform, United States Government Policy andthnd
Supporting Positions, 108 Cong., 2 sess., Committee Print, Nov. 22, 2004 (Washington:
GPO, 2004)).
19U.S. Office of Personnel Management “Salary Table 2005-EX,” available at [http://www.
opm.gov/oca/05tables/html/ex.asp], visited Jan. 13, 2005.

The “Appointment Action” section identifies the nominees (in chronological
order), the positions to which they were nominated, the dates of nomination, the
dates of confirmation, and the number of days taken for confirmation. Actions other
than confirmation (i.e., nominations rejected by the Senate, nominations returned to
or withdrawn by the President, and recess appointments) are also noted.
Occasionally, when a position is vacant and the unexpired term of office ends within
a number of weeks or months, two nominations for the same nominee are submitted,
the first to complete the unexpired term, and the second for a full term following
completion of the expired term. Also, when a nominee is awaiting Senate action and
he or she is given a recess appointment, a second, follow-up nomination is usually
submitted to comply with the requirements of 5 U.S.C. 5503(b).
In tables that show more than one confirmed nomination, the mean number of
days to confirm a nomination is provided. This figure is determined by calculating
the number of days between the nomination and confirmation dates, adding these
numbers for all confirmed nominations, and dividing the result by the number of
nominations confirmed. For tables in which one individual was confirmed more than
once (to be a chair and a member, for example), the mean was calculated by
averaging all values in the “Days to confirm” column, including the values for both
confirmations.
Additional Appointment Information. Appendix A presents a table of all
appointees, alphabetically organized, and following a similar format to that of the
“Appointment Action” sections just discussed. It identifies the organization involved
and the dates of nomination and confirmation. The table also indicates if a
nomination was withdrawn, returned, or rejected, or if a recess appointment was
made. The mean number of days taken to confirm a nomination is calculated as
described above. The table also shows the median, which is the middle number when
the “days to confirm” data for all the confirmed nominations are arranged in
numerical order.
Appendix B provides a table with summary information on appointments and
nominations by organization. For each of the 34 independent boards and
commissions discussed in this report, the table provides the number of positions,
vacancies, incumbents whose term has expired, nominations, individual nominees,
positions to which nominations were made, confirmations, nominations returned to
the President, nominations withdrawn, and recess appointments.
Appendix C provides a table showing the dates of Senate adjournments during
the 108th Congress and the number of recess appointments during each period of
adjournment. A list of organization abbreviations can be found in Appendix D.



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

7412(r)(6))


Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Carolyn W. Merrittna08/01/0208/01/07IVChair
Gary L. Visscherna11/21/0411/29/09IV
John S. Breslandna08/01/0208/01/07IV
Vacant5 yearsIV
Vacant5 yearsIV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Rixio E. MedinaanaMember06/25/0312/09/03136
Gary L. VisschernaMember10/14/0311/21/04317
Gary L. VisschernaMemberRecess Appointment 08/02/04b
Gary L. VisschernaMember09/10/04Returned 12/08/04c
Mean number of days to confirm a nomination227
na - not applicable
a Medina resigned from office on August 23, 2004.
b Visschers recess appointment would have expired at the end of the first session of the 109th
Co ngr e ss.c
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the first nomination was acted upon, and the second, “duplicate” nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Commodity Futures Trading Commission (CFTC)
The CFTC consists of five members (no more than three may be from the same
political party) who serve five-year terms. At the end of a term, a member may
remain in office until the end of the next session of Congress. The chair is also
appointed by the President, with the advice and consent of the Senate. (7 U.S.C.

2(a)(2))


Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Sharon Brown-HruskaR08/01/0204/13/09IIIActing Chaira;
Reappointed
Michael V. DunnD11/21/0406/19/06IV
Frederick W. HatfieldD11/21/0404/13/08IV
Walter LukkenR08/01/0204/13/05IV
Vacant 04/13/07 IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Sharon Brown-RCommissioner07/22/0411/21/0476
H r uska
Frederick W.DCommissioner10/07/0411/21/0445
Hatfield
Michael V. DunnDCommissioner11/16/0411/21/045
Mean number of days to confirm a nomination61
a The President designated Brown-Hruska as the acting chair under a commission rule that has been
in effect for some 26 years. According to information provided on its website, the commission has
been led by an acting chair on at least nine other occasions during that time ([http://www.cftc.
gov/opa/opaterms.htm], visited Jan. 15, 2005). The rule provides that “At any time that a vacancy
exists in the position of Chairman of the Commission the remaining members of the Commission shall
elect a member to serve as acting Chairman ... until a new chairman has been appointed by the
President and confirmed by the Senate: Provided, however, That if the President shall appoint a new
Chairman from among the existing members of the Commission, that Commissioner shall serve as
acting Chairman for these purposes until such time as his appointment as Chairman has been
confirmed or rejected by the Senate.” (17 CFR 140.13) It is unclear what specific statutory authority
would support a rule that permits the President to make a temporary appointment to an advice and
consent position on this commission. Absent such specific statutory authority, it is unclear what
general legal authority would allow for such an appointment. The sole statutory authority for such
appointments governmentwide is the Federal Vacancies Reform Act of 1998, which would probably
not apply to this commission since it does not apply toany board, commission, or similar entity that
... is composed of multiple members and “governs an independent establishment or Government
corporation (5 U.S.C. 3349c(1)).



Consumer Product Safety Commission (CPSC)
The statute establishing the CPSC calls for five members, but funding is
authorized for only three members, who serve seven-year terms. No more than a
simple majority of the members may be from the same political party. At the end of
a term, a member may remain in office for one year. The chair is also appointed by
the President, with the advice and consent of the Senate. (15 U.S.C. 2053)
Membership as of December 8, 2004a
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Harold D. Stratton, Jr.R07/25/0210/26/06IIIChair
Thomas H. MooreD04/06/9510/26/10IVReappointed,
Vice Chair
Vacant 10/26/05 IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Thomas H. Moore DCommissioner03/11/04Withdrawn 03/23/04
Thomas H. MooreDCommissioner03/23/0405/21/0459
Mean number of days to confirm a nomination59
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).



Defense Nuclear Facilities Safety Board (DNFSB)
The DNFSB consists of five members (no more than three may be from the
same political party) who serve five-year terms. After a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair. (42 U.S.C. 2286)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
John T. ConwayaD09/29/9510/18/99IIIChair
Andrew J.aR10/29/9910/18/03IIIVice Chair
Eggenberg er
b
Joseph F. Bader11/21/0410/18/07III
R. Bruce Matthewsb11/21/0410/18/05III
John E. MansfieldR08/01/0210/18/06III
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
b c
R. Bruce MatthewsMember01/09/03Returned 12/08/04
b d
R. Bruce MatthewsMemberRecess Appointment 04/22/03
R. Bruce MatthewsbMember05/14/0311/21/04439
b
Joseph F. BaderMember05/11/0411/21/04148
Mean number of days to confirm a nomination294
a The terms of the incumbents shown in italics have expired.
b Party affiliation for Matthews and Bader is not available.
c When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
this second nomination was acted upon, and the first, “duplicate” nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.dth
Matthews recess appointment expired at the end of the 108 Congress, by which time his nomination
had been confirmed by the Senate, as shown.



Election Assistance Commission (EAC)
The EAC is a new independent commission established by P.L. 107-252 (116
Stat. 1666), the Help America Vote Act of 2002 (HAVA). It consists of four
members (no more than two may be from the same political party) who serve four-
year terms. The initial appointees (listed below) are serving staggered terms — two
have two-year terms and two have four-year terms. After a term expires, a member
may continue to serve until a successor takes office. The chair and vice chair, from
different political parties and designated by the commission, change each year. (42
U.S.C. 15323)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
DeForest B. Soaries, Jr.R12/09/0312/12/07IVChair;a initial 4-
year term
Gracia M. HillmanaD12/09/0312/12/05IVVice Chair;b initial
2-year term
Paul S. DeGregoriobR12/09/0312/12/05IVinitial 2-year term
Raymundo Martinez, IIID10/03/0312/12/07IVinitial 4-year term
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Paul S. DeGregorioRMember10/03/0312/09/0367
Gracia M. HillmanDMember10/03/0312/09/0367
Raymundo Martinez, IIIDMember10/03/0312/09/0367
DeForest B. Soaries, Jr.RMember10/03/0312/09/0367
Mean number of days to confirm a nomination67
a Hillman was designated Chair on 01/03/05.
b DeGregorio was designated Vice-Chair on 01/03/05.



Equal Employment Opportunity Commission
(EEOC)
The EEOC consists of five members (no more than three may be from the same
political party) who serve five-year terms. An incumbent whose term has expired
may continue to serve until a successor is appointed, except that no such member
may continue to serve (1) for more than 60 days when Congress is in session, unless
a successor has been nominated; or (2) after the adjournment of the session of the
Senate in which the nomination was submitted. The President designates the chair.
The President also appoints the general counsel, subject to the advice and consent of
the Senate. (42 U.S.C. 2000e-4(a))
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Cari M. Dominguez R07/19/0107/01/06IIIChair
Naomi C. EarpR10/31/0307/01/05IVVice Chair
Leslie E. Silverman R03/01/0207/01/08IVReappointed
Stuart IshimaruD10/31/0307/01/07IV
Vacant 07/01/09 IV
Eric S. Dreibandna07/31/034 yearsVGeneral Counsel
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Naomi C. EarpRMember01/09/03Returned 12/08/04a
Eric S. DreibandnaGeneral02/04/0307/31/03177
Co unse l
Naomi C. EarpRMemberRecess Appointment 04/22/03b
Naomi C. EarpRMember05/14/0310/31/03139
Leslie SilvermanRMember07/11/0310/31/0381
Stuart IshimaruDMember10/14/0310/31/0317
Mean number of days to confirm a nomination104
na - not applicablea
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the second nomination was acted upon, and the first, “duplicate” nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.bth
Earp’s recess appointment expired at the end of the 108 Congress, by which time her nomination
had been confirmed by the Senate, as shown.



Export-Import Bank (EXIMBANK) Board of Directors
The Export-Import Bank board of directors comprises the president of the bank,
who serves as chair, the first vice president of the bank, who serves as vice chair, and
three other members (no more than three of these five may be from the same political
party). All five members are appointed by the President, with the advice and consent
of the Senate and serve four-year terms. An incumbent whose term has expired may
continue to serve (1) until a successor is qualified, or (2) until six months pass after
the term expires — whichever occurs earlier. (12 U.S.C. 635a)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Philip MerrillR11/14/0201/20/05IIIChair
April H. FoleyR12/09/0301/20/05IVVice Chair
Joseph Max ClelandD12/09/0301/20/07IV
Linda M. ConlinR11/21/0401/20/07IV
J. Joseph GrandmaisonD12/20/0101/20/05IV
VacantaIVInspector General
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
April H. FoleyRMember04/10/03Withdrawn 11/21/03
April H. FoleyRMemberRecess Appointment 04/22/03b
April H. FoleyRMember05/14/03Withdrawn 11/21/03
Joseph Max ClelandDMember11/21/0312/09/0318
April H. FoleyRVice Chair11/21/0312/09/0318
Linda M. ConlinRMember01/28/0411/21/04252
Linda M. ConlinRMemberRecess Appointment 04/16/04c
Linda M. ConlinRMember05/13/04Returned 12/08/04d
Mean number of days to confirm a nomination96
a This position was established by P.L. 107-189, Sec. 22, but it has not been funded.
b Foleys recess appointment would have expired at the end of the 108th Congress, but she was
subsequently confirmed to a different position, as shown. cth
Conlins recess appointment would have expired at the end of the first session of the 109 Congress,
but her nomination was subsequently confirmed by the Senate, as shown.d
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the first nomination was acted upon, and the second, “duplicate” nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.



Farm Credit Administration (FCA)
The FCA consists of three members (no more than two may be from the same
political party) who serve six-year terms. A member may not succeed him- or herself
unless he or she was first appointed to complete an unexpired term of three years or
less. A member whose term expires may continue to serve until a successor takes
office. The President designates the chair. (12 U.S.C. 2242)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Nancy C. PellettR11/14/0205/31/08 IIIChair
Douglas L. FloryR08/01/02 10/13/06IV
Dallas TonsagerD11/21/0405/21/10IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Dallas TonsagerDMember11/16/0411/21/045



Federal Communications Commission (FCC)
The FCC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until the end of the next session of Congress. The President
designates the chair. (47 U.S.C. 154)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Michael K. PowellR05/25/0106/30/07IIIChair
Kathleen Q. AbernathyaR05/25/0106/30/04IV
Michael J. CoppsD05/25/0106/30/05IV
Kevin J. MartinR05/25/0106/30/06IV
Jonathan S. AdelsteinD11/14/0206/30/08IVReappointed
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Jonathan S. AdelsteinDMember11/16/0411/20/044
a The term of the incumbent shown in italics has expired. She continued to serve under the holdover
provision noted above.



Federal Deposit Insurance Corporation (FDIC),
Board of Directors
The FDIC consists of five members, of whom two — the comptroller of the
currency and the director of the Office of Thrift Supervision (OTS) — are ex officio.
The three appointed members (no more than two may belong to the same political
party) serve six-year terms. When a term expires, the member may continue to serve
until a successor is appointed. The President designates the chair for a term of five
years and the vice chair, with the advice and consent of the Senate, from among the
appointed officers. The President also appoints the inspector general, subject to the
advice and consent of the Senate. (12 U.S.C. 1812)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Donald E. PowellR07/12/0107/15/07IIIChaira
John M. ReichR12/15/0012/27/06IVVice Chair
Thomas J. CurryI12/09/0312/12/09IV
James E. GillerannaOffice of Thriftex officio
Supervision, Director
Julie L. WilliamsnaComptroller of theex officio
Currency
Gaston Giannibna03/29/96IndefinitecIV Inspector General
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Thomas J. CurryIMember06/12/0312/09/03149
na - not applicablea
Powell may serve as chair and Reich as vice chair for up to five years, and may serve the remainder
of their six-year terms as members.b
Gianni retired from federal service on 12/31/04. Patricia Black began serving as Acting Inspector
General on the following day.c
This position has no fixed term, but the President may remove an incumbent at any time. As noted
above, the incumbent as of Dec. 8, 2004 retired at the end of that month.



Federal Election Commission (FEC)
The FEC consists of six members (no more than three may be from the same
political party) who serve six-year terms. When a term expires, a member may
continue to serve until a successor takes office. Persons nominated and appointed to
the FEC after December 31, 1997 are not eligible for reappointment after their terms
expire. (P.L. 105-61, Title 5, sec. 513) The chair and vice chair, from different
political parties and designated by the commission, change each year. Generally, the
vice chair succeeds the chair. (2 U.S.C. 437c)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Scott E. ThomasaD07/30/9804/30/03IVChair
Michael E. TonerR03/18/0304/30/07IVVice Chair
Bradley A. SmithR05/24/0004/30/05IV
David M. MasonaR07/30/9804/30/03IV
Danny M. McDonaldD05/24/0004/30/05IV
Ellen L. WeintraubD03/18/0304/30/07IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Michael E. TonerRMember01/09/0303/18/0368
Ellen L. WeintraubDMember01/09/0303/18/0368
Mean number of days to confirm a nomination68
a The terms of the incumbents shown in italics have expired.



Federal Energy Regulatory Commission (FERC)
The FERC, an independent agency within the Department of Energy, consists
of five members (no more than three may be from the same political party) who serve
five-year terms. When a term expires, a member may continue to serve until a
successor takes office, except that such commissioner may not serve beyond the end
of the session of the Congress in which his or her term expires. The President
designates the chair. (42 U.S.C. 7171)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Patrick H. WoodR05/25/0106/30/05IIIChair
Nora M. BrownellR05/25/0106/30/06IV
Joseph T. KelliherR11/07/0306/30/07IV
Suedeen G. KellyD11/07/0306/30/09IVreappointment
Vacant 06/30/08 IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Joseph T. KelliherDMember01/09/0311/07/03271
Suedeen G. KellyaDMember06/16/0311/07/03113
Suedeen G. KellyDMember04/08/0411/22/04181
Mean number of days to confirm a nomination188
a For the remainder of the term expiring 06/30/04, replacing Curt Hebert, Jr., resigned.



Federal Housing Finance Board (FHFB)
The FHFB consists of five members, of whom one — the Secretary of Housing
and Urban Development (HUD) or his or her designee — is ex officio. The four
appointed members serve seven-year terms, and no more than three may be from the
same political party. An appointed member whose term expires may continue to
serve until a successor is appointed. The President designates the chair from among
the appointed members. (12 U.S.C. 1422a(1))
Membership as of December 8, 2004a
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Alicia K. CastanedaR12/09/0302/27/11IIIChair,a
Reappointed
Vacantb 02/27/09 IV
Allan I. MendelowitzD11/29/0102/27/07IV
Franz S. LeichterD11/29/0102/27/06IV
John C. Weichernadesigneeex officio
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Alicia K. CastanedacRDirector06/18/0312/09/03143
Alicia K. CastanedacRDirector06/18/0312/09/03143
Ronald A. RosenfeldRDirector10/05/04Returned 12/08/04d
Ronald A. RosenfeldRDirectorRecess appointment 12/14/04b
Mean number of days to confirm a nomination143
a On 12/14/04, Ronald Rosenfeld was recess appointed as a director and as chair, compensated at
Level III of the Executive Schedule. Consequently, at that time, Castaneda reverted to being a director
compensated at Level IV.b
Rosenfeld was given a recess appointment to fill this director position and designated as chair by
President George W. Bush on 12/14/04. Rosenfeld’s recess appointment expires at the end of thethst
109 Congress, 1 session.c
The first nomination was to the position formerly held by Timothy O’Neill for the remainder of the
term expiring 02/27/04. The second nomination was to the same position for the succeeding term.dth
Returned to the President at the end of the 108 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)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Dale CabanissR11/09/9707/29/07IVChair
Reappointment
Carol W. PopeaD10/26/0007/01/04V
Tony ArmendarizR07/11/0107/01/05V
Peter Eideb RRecess Appt.Five yearsbVGeneral Counsel
04/22/03
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Dale CabanissRChair01/09/0310/24/03257
Peter EideRGeneral Counsel01/09/03Returned 12/09/03c
Peter EideRGeneral CounselRecess appointment 04/22/03d
Peter EideRGeneral Counsel05/14/03Returned 12/09/03c
Peter EideRGeneral Counsel01/26/04Returned 12/08/04e
Mean number of days to confirm a nomination257
a The term of the incumbent shown in italics has expired.
b The general counsel is appointed for a term of five years. Eide’s recess appointment expired at the
end of the 108th Congress.c
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,thst
both nominations were returned to the President at the end of the 108 Congress, 1 session under the
provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.dth
Eide’s recess appointment expired at the end of the 108 Congress.eth
Returned to the President at the end of the 108 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)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Steven R. BlustR08/01/0206/30/06IIIChair
Joseph E. BrennanD11/10/9906/30/08IVReappointed
Harold J. Creel, Jr.D10/21/9806/30/09IVReappointed
Rebecca F. DyeR11/14/0206/30/05IV
A. Paul AndersonR05/05/0406/30/07IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
A. Paul AndersonRCommissioner04/10/03Returned 12/08/04a
A. Paul AndersonRCommissionerRecess Appointment 08/22/03b
A. Paul AndersonRCommissioner10/01/0305/05/04176
Joseph E. BrennanDCommissioner03/12/0405/05/0454
Harold J. Creel, Jr.DCommissioner11/16/0411/21/045
Mean number of days to confirm a nomination78
a When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the second nomination was acted upon and the first, “duplicate” nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.bth
Andersons recess appointment would have expired at the end of the 108 Congress, but he was
subsequently confirmed, as shown.



Federal Mine Safety and
Health Review Commission (FMSHRC)
The FMSHRC consists of five members (no political balance is required) who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (30 U.S.C. 823)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Michael F. Duffyna11/19/0208/30/06IIIChair
Mary L. Jordanna07/31/0308/30/08IVReappointed
Stanley C. Suboleskina07/31/0308/30/06IV
Michael G. Youngna07/31/0308/30/08IV
Vacant 08/30/10
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Stanley C. SuboleskinaCommissioner01/09/037/31/03203
Mary L. JordannaCommissioner03/11/0307/31/03142
Stanley C. SuboleskinaCommissionerRecess Appointment 04/22/03a
Stanley C. SuboleskinaCommissioner05/14/03Returned 12/08/04b
Michael G. YoungnaCommissioner06/12/0307/31/0349
Mean number of days to confirm a nomination25
na - not applicable
a Suboleskis recess appointment would have expired at the end of the 108th Congress, but he was
subsequently confirmed, as shown.b
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the first nomination was acted upon and the second, “duplicate” nomination was returned to theth
President at the end of the 108 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)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Alan Greenspanna08/03/8701/31/06IIChair
Roger W. Fergusonna07/19/0101/31/14IIIVice Chair
Edward W. Gramlichna10/30/9701/31/08III
Susan S. Biesna12/06/0101/31/12III
Mark W. Olsonna12/06/0101/31/10III
Ben S. Bernankena10/24/0301/31/18III
Donald L. Kohnna07/31/0201/31/16III
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Ben S. BernankenaMember09/10/0310/24/0344
Roger W. FergusonnaVice Chair09/10/0310/24/0344
Alan GreenspannaChair05/18/0406/17/0430
Mean number of days to confirm a nomination39
na - not applicable



Federal Trade Commission (FTC)
The FTC consists of five members (no more than three may be from the same
political party) who serve seven-year terms. When a term expires, the member may
continue to serve until a successor takes office. The President designates the chair.
(15 U.S.C. 41)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Deborah P. MajorasR11/21/0409/25/08IIIChair
Orson G. SwindleaR03/12/9809/25/04IV
Thomas B. LearyR11/10/9909/25/05IV
Pamela J. HarbourI07/23/0309/25/09IV
Jonathan D. LeibowitzD11/21/0409/25/10IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Pamela J. HarbourICommissioner06/12/0307/23/0341
Jonathan D. LeibowitzDCommissioner04/08/04Returned 07/22/04b
Deborah P. MajorasRCommissioner05/11/04Returned 07/22/04b
Jonathan D. LeibowitzDCommissionerRecess Appointment 09/01/04c
Deborah P. MajorasRCommissionerRecess Appointment 09/01/04c
Jonathan D. LeibowitzDCommissioners09/10/0411/21/0472
Deborah P. MajorasRCommissioner09/10/0411/21/0472
Mean number of days to confirm a nomination62
a The term of the incumbent shown in italics has expired.
b Returned to the President at the beginning of a 31-day period of Senate adjournment under the
provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.cth
Each of these recess appointments would have expired at the end of the first session of the 109
Congress, but the appointees were subsequently confirmed as shown.



Foreign Claims Settlement Commission (FCSC)
The FCSC, located in the Department of Justice, consists of three members
(political balance is not required) who serve three-year terms. When a term expires,
the member may continue to serve until a successor takes office. Only the chair, who
also is appointed by the President with the advice and consent of the Senate, serves
full-time. (22 U.S.C. 1622)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Mauricio J. Tamargona01/25/0209/30/06VChair,
reappointment
Appointment Action in the 108th Congressa
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Mauricio J. TamargonaChair07/11/0310/03/0353
na - not applicable
a Nominations for part-time positions at the Foreign Claims Settlement Commission also occurred
during the 108th Congress. This report covers only full-time positions, however, so the part-time
nominations are not included in this table.



Merit Systems Protection Board (MSPB)
The MSPB consists of three members (no more than two may be from the same
political party) who serve seven-year terms. When a term expires, the member may
continue to serve for one year. The President appoints the chair, subject to Senate
confirmation, and designates the vice chair. (5 U.S.C. 1201-1203)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Neil A. G. McPhieR11/21/0403/01/09IIIChair
Susanne T. Marshall R11/09/9703/01/04IV
Barbara J. SapinD11/21/0403/01/07IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Susanne T. MarshallRChair01/09/03Returned 12/09/03b
Neil A. G. McPhieRMember01/09/03Returned 12/09/03b
Neil A. G. McPhieRMemberRecess Appointment 04/22/03c
Neil A. G. McPhieRMember05/14/03Returned 12/09/03b
Susanne T. MarshallRChair01/26/04Withdrawn 02/26/04d
Neil A. G. McPhieRMember01/26/0411/21/04254
Neil A. G. McPhieR Chair02/26/0411/21/04223
Barbara J. SapinDMember04/08/0411/21/04181
Mean number of days to confirm a nomination329
a The term of the incumbent shown in italics has expired.
b When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,th
both nominations were returned to the President at the end of the first session of the 108 Congress
under the provisions of Senate Rule XXI, paragraph 6 of the Standing Rules of the Senate.cth
McPhies recess appointment would have expired at the end of the 108 Congress, but he was
subsequently confirmed as a member and as chair, as shown.d
Susanne T. Marshalls nomination for Chair was withdrawn on 2/26/04 and Neil A.G. McPhie was
nominated for Chair on 2/26/04.



National Credit Union Administration (NCUA),
Board of Directors
The NCUA board consists of three members (no more than two members may
be from the same political party) who serve six-year terms. When a term expires, a
member may continue to serve until a successor takes office. The President
designates the chair and vice chair. (12 U.S.C. 1752a)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
JoAnn M. JohnsonR03/22/0208/02/07IIIChair
Deborah MatzD03/22/0208/02/05IV
Vacant 4 /10/09 IV
No Appointment Action in the 108th Congress



National Labor Relations Board (NLRB)
The NLRB consists of five members who serve five-year terms. Political
balance is not required, but, by tradition, no more than three members are from the
same political party. When a term expires, the member must leave office. The
President designates the chair. The President also appoints the general counsel,
subject to the advice and consent of the Senate. (29 U.S.C. 153)
Membership as of December 16, 2004a
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Robert J. BattistaR11/14/0212/16/07IIIChair
Peter SchaumberR11/14/0208/27/05IV
Wilma B. LiebmanD11/14/0208/27/06IV
vacant 08/27/08 IV
vacant 12/16/09 IV
Arthur F. RosenfeldR05/26/0106/03/05IVGeneral Counsel
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Ronald E. MeisburgRMember11/20/03Returned 12/08/04b
Ronald E. MeisburgRMemberRecess Appointment 12/23/03c
Ronald E. MeisburgRMember01/21/04Returned 12/08/04b
a Unlike most other tables in this report, this table provides the membership as of 12/16/04 rather then
12/08/04. This later date is used because of the change in the chair as of that date.b
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,th
both nominations were returned to the President at the end of the 108 Congress under the provisions
of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.cth
Meisburgs recess appointment expired at the end of the 108 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)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Harry R. HoglanderD08/01/0207/01/05IIIChair
Edward J. Fitzmaurice Jr.aR08/01/0207/01/04IV
Read Van de WaterR12/03/0307/01/06IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Read Van de WaterRMember09/15/0312/09/0385
Mean number of days to confirm a nomination85
a The term of the incumbent shown in italics has expired.



National Transportation Safety Board (NTSB)
The board consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President appoints the chair,
from among the members, for a two-year term, with the advice and consent of the
Senate, and designates the vice chair. (49 U.S.C. 1111)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Ellen G. EnglemanR03/19/0312/31/07IIIChair
Mark V. RosenkerR03/19/0304/03/05IVVice Chair
Carol J. CarmodyD05/24/0012/31/04IV
Richard F. HealingR03/19/0312/31/06IV
Deborah HersmanD03/02/0412/31/08IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Mark V. RosenkerRMember01/09/0303/19/0369
Richard F. HealingRMember01/09/0303/19/0369
Ellen G. EnglemanRChair02/14/0303/19/0333
Ellen G. EnglemanRMember02/14/0303/19/0333
Deborah HersmanDMember03/02/0405/21/0480
Mean number of days to confirm a nomination57a
a The mean was calculated by averaging all values in the “Days to confirm column, including the
values for both Engleman confirmations.



Nuclear Regulatory Commission (NRC)
The NRC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, the member must
leave office. The President designates the chair. The President also appoints the
inspector general, with the advice and consent of the Senate. (42 U.S.C. 5841)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Nils. J. DiazR09/26/0106/30/06IIChair
Edward Mcaffigan, Jr.D05/24/0006/30/05III
Jeffrey S. MerrifieldR08/01/0206/30/07III
vacant 06/30/08 III
vacant 06/30/09 III
Hubert T. Bellna06/11/96IndefiniteIVInspector General
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
John Joseph GrossenbacheraRMember07/25/03Withdrawn 02/08/04
John Joseph GrossenbacheraRMember07/25/03Withdrawn 02/08/04
Gregory B. JaczkoDMember02/12/04Returned 12/08/04b
Albert Henry KonetziRMember11/16/04Returned 12/08/04b
na-not applicable
a The first nomination was to the position formerly held by Richard A. Meserve for the remainder of
the term expiring 06/30/04. The second nomination was to the same position for the succeeding term.b
Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXI,
paragraph 6 of the Standing Rules of the Senate.



Occupational Safety and
Health Review Commission (OSHRC)
The OSHRC consists of three members (political balance is not required) who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (29 U.S.C. 661)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
W. Scott Railtonna07/31/0304/27/07IIIChair
Thomasina Rogersna07/31/0304/27/09IV
James M. Stephensna11/14/0204/27/05IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
W. Scott RailtonnaMember01/09/0307/31/03203
Thomasina RogersnaMember07/15/0307/31/0316
Mean number of days to confirm a nomination110
na-not applicable



Postal Rate Commission (PRC)
The PRC consists of five members (no more than three may be from the same
political party) who serve six-year terms. When a term expires, the member may
continue to serve for one year. The President designates the chair. The
commissioners designate the vice chair. (39 U.S.C. 3601)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
George A. OmasR10/26/0010/14/06IIIChair
Dana B. Covington Sr.aR10/21/9810/14/04IVVice Chair
Tony HammondaR11/12/0211/22/04IV
Ruth Y. Goldway D11/12/0211/22/08IV
Dawn A. TisdaleD11/21/0411/22/06IV
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Dawn A. TisdaleDCommissioner02/11/0411/21/04238
Tony HammondRCommissioner11/16/04Returned 12/08/04b
Mean number of days to confirm a nomination238
a The terms of the incumbents shown in italics have expired.
b Returned to the President at the end of the 108th Congress under the provisions of Senate Rule XXI,
paragraph 6 of the Standing Rules of the Senate.



Railroad Retirement Board (RRB)
The board consists of three members (political balance is not required) who
serve five-year terms. When a term expires, the member may continue to serve until
a successor takes office. The President appoints the chair, and an inspector general,
with the advice and consent of the Senate. (45 U.S.C. 231f)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Michael S. Schwartzna05/23/0308/28/07IIIChair
Jerome F. Keverana05/24/0008/28/03IVManagement
Memb er,
Reappointed
Virgil M. Speakman Jr.ana05/24/0008/28/04IVLabor Member,
Reappointed
Martin J. Dickmanna10/08/94IndefiniteIVInspector General
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Michael S. SchwartznaChair01/21/0305/23/03122
na - not applicable
a The terms of the incumbents shown in italics have expired.



Securities and Exchange Commission (SEC)
The commission consists of five members (no more than three may be from the
same political party) who serve five-year terms. When a term expires, the member
may continue to serve until the end of the next session of Congress. The President
designates the chair. (15 U.S.C. 78d)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
William H. DonaldsonR02/13/0306/05/07IIIChair
Cynthia A. GlassmanR07/25/0206/05/06IV
Roel C. CamposD07/25/0206/05/05IV
Harvey J. GoldschmidaD07/25/0206/05/04IV
Paul S. AtkinsR07/25/0206/05/08IVReappointed
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
William H. DonaldsonRMember01/28/0302/13/0316
Paul S. AtkinsRMember09/03/0310/24/0351
Mean number of days to confirm a nomination33
a The term of the incumbent shown in italics has expired.



Surface Transportation Board (STB)
The STB, located within the Department of Transportation, consists of three
members (no more than two may be from the same political party) who serve five-
year terms. When a term expires, the member may continue to serve until a
successor takes office, but not for more than one year after expiration. The President
designates the chair. (49 U.S.C. 701)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Roger NoberR11/14/0212/31/05IIIChair
Francis P. MulveyD05/21/0412/31/07IVVice Chair
W. Douglas ButtreyR05/21/0412/31/08IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Francis P. MulveyDMember11/17/0305/21/04145
W. Douglas ButtreyRMember11/17/0305/21/04145
Mean number of days to confirm a nomination145



Tennessee Valley Authority (TVA)
The TVA consists of three members (political balance is not required) who
serve nine-year terms. When a term expires, the member must leave office. The
President designates the chair. The President also appoints the inspector general with
the advice and consent of the Senate. (16 U.S.C. 831a)
Changes were made to the governing structure of the TVA by P.L. 108-447,
Division C, Section 601, which include, for example, an increase of the size of the
board of directors to nine members. These changes are due to go into effect in 2005
or later, and are not, therefore, reflected in the tables below.
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Glenn McCullough Jr.na11/10/9905/18/05IIIChair
William Baxterna11/10/9905/18/08IV
Skila Harrisna11/27/0105/18/11IV
Richard Moorena05/01/03IndefiniteIVInspector Generala
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Richard MoorenaInspector General02/04/0305/01/0386
na - not applicable
a The inspector general of the Tennessee Valley Authority was established, by P.L. 106-422 (Nov. 1,
2000), as a position to which appointments are made by the President with the advice and consent of
the Senate. Moore is the first appointee to this position.



United States International Trade Commission
(USITC)
The USITC consists of six members (no more than three may be from the same
political party) who serve nine-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair for two-year terms of office, but they may neither belong to the same
political party nor be the two most recently appointed members of the commission.
A new chair may not belong to the same political party as the chair being replaced,
unless the replacement is to complete an unexpired term. (19 U.S.C. 1330)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Stephan KoplanD07/30/9806/16/05IIIChair
Deanna T. OkunR11/19/9906/16/08IVVice Chair
Marcia E. MilleraD06/26/9612/16/03IV
Jennifer A. HillmanD07/30/9812/16/06IV
Charlotte R. LaneR11/21/0412/16/09IV
Daniel R. PearsonR11/21/0406/16/11IV
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Charlotte R. LaneRMember01/09/0311/21/04564
Daniel R. PearsonRMember01/09/0311/21/04564
Charlotte R. LaneRMemberRecess appointment 08/22/03b
Daniel R. PearsonRMemberRecess appointment 08/22/03c
Daniel R. PearsonRMember10/01/03Returned 12/08/04d
Charlotte R. LaneRMember10/01/03Returned 12/08/04d
Mean number of days to confirm a nomination564
a The term of the incumbent shown in italics has expired
b On Aug. 22, 2003, Lane received a recess appointment to serve as member, which would have
expired on Dec. 8, 2004. Lane was subsequently confirmed.c
On Aug. 22, 2003, Pearson received a recess appointment to serve as member, which would have
expired on Dec. 8, 2004. Pearson was subsequently confirmed. d
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In these two
cases, the first nominations were acted upon, and the second nominations were returned to theth
President at the end of the 108 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
commission consists of five commissioners (political balance is not required) who
serve for six year terms. When a term expires, a member may continue to serve until
a successor takes office. The President designates the chair. The commission was
previously scheduled to be phased out, but its life has been extended several times
by Congress. Under P.L. 107-273, Division C, Section 11017, it was extended until
November 1, 2005. (18 U.S.C. 4201-4218)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Edward F. Reilly, Jr.na08/12/91IVChair,
For allreappointed
positions, 6
years fromCranston J. Mitchellna03/06/03VVice Chair
appointmentDeborah Ann Spagnolina11/21/04V
or when
commissionIsaac Fulwood, Jr.na11/21/04V
is phased out
Patricia Cushwana11/21/04V
Appointment Action in the 108th Congress
DateDateDays to
Nominee Party Position no mi na t e d confirmed confirm
Edward F. Reilly, Jr.naCommissioner01/09/0303/06/0356
Cranston J. MitchellnaCommissioner01/09/0303/06/0356
Deborah Ann SpagnolinaCommissioner06/25/0311/21/04397
Isaac Fulwood, Jr.naCommissioner02/02/0411/21/04247
Deborah Ann SpagnolinaCommissionerRecess appointment 05/28/04a
Deborah Ann SpagnolinaCommissioner06/24/04Returned 12/08/04b
Patricia CushwanaCommissioner11/16/0411/21/045
Mean number of days to confirm a nomination152
na - not applicableathst
Spagnolis recess appointment would have expired at the end of the109 Congress, 1 session, but
she was subsequently confirmed, as shown. b
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the first nomination was acted upon, and the second, “duplicate” nomination was returned to theth
President at the end of the 108 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 voting members, who are appointed to six-year
terms. Only the chair and three vice chairs, selected from among the members, serve
full-time. The President appoints the chair, subject to Senate confirmation, and
designates the vice chairs. No more than three members may be federal judges, and
no more than four may be of the same political party. No more than two vice chairs
may be of the same political party. No voting member may serve more than two full
terms. When a term expires, an incumbent may continue to serve until he or she is
reappointed, a successor takes office, or Congress adjourns sine die at the end of the
session that commences after the expiration of the term, which ever is earliest. The
Attorney General (or designee) serves ex officio. (28 U.S.C. 991-992) The chair of
the United State Parole Commission is also an ex officio member of the commission.
(18 U.S.C. 3551 note)
Membership as of December 8, 2004
Date first TermPay
IncumbentPartyconfirmed expireslevelComments
Ricardo HinojosaR11/21/0410/31/07SameChair
as ratea
forRuben Castillo11/10/9910/31/09Vice Chair
fe d e r a l Reappointed
appealsa
courtWilliam K. Sessions III11/10/9910/31/09Vice Chair
judges Reappointed
John R. SteerR11/10/9910/31/05Vice Chair
Appointment Action in the 108th Congress
DateDateDays to
No minee Party Position no mi na t e d confirmed confirm
Ricardo HinojosabRMember01/16/0305/22/03126
a
William K. Sessions IIIMember09/30/0312/09/0370
Ricardo HinojosaRChair02/23/0411/21/04226
Ruben CastilloaMember07/12/0411/21/0486
Ricardo HinojosaRChairRecess appointment 08/02/04c
Ricardo HinojosaRChair09/10/04Returned 12/08/04d
Mean number of days to confirm a nominatione127
a Party balance is statutorily required as discussed above, but the commission staff does not collect this
information. For these members, alternative sources of information could not be located.b
Hinojosa was initially confirmed as a member and later as chair.



c Hinojosa’s recess appointment, to serve as chair, would have expired at the end of the 109th
Congress, 1st session. Hinojosa was subsequently confirmed as chair on Nov. 21, 2004. d
When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. 5503. In this case,
the first nomination was acted upon, and the second, “duplicate nomination was returned to theth
President at the end of the 108 Congress under the provisions of Senate Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.e
The mean was calculated by averaging all values in the “Days to confirm column, including the
values for both Hinojosa confirmations.



Appendix A. Nominees and Appointees,
108th Congress
Board/aNominationConfirmationDays to
No minee C o mmi s s i o n da t e da t e confirm
Jonathan S. AdelsteinFCC11/16/0411/20/044
A. Paul AndersonFMC04/10/03Returned 12/08/04
A. Paul AndersonFMCRecess Appointment 08/22/03
A. Paul AndersonFMC10/01/0305/05/04176
Paul S. AtkinsSEC09/03/0310/24/0351
Joseph F. BaderDNFSB05/11/0411/21/04148
Ben S. BernankeFRS09/10/0310/24/0344
Joseph E. BrennanFMC03/12/0405/05/0454
Sharon Brown-HruskaCFTC07/22/0411/21/0476
W. Douglas ButtreySTB11/17/0305/21/04145
Dale CabanissFLRA01/09/0310/24/03257
Alicia K. CastanedaFHFB06/18/0312/09/03143
Alicia K. CastanedaFHFB06/18/0312/09/03143
Ruben CastilloUSSC07/12/0411/21/0486
Joseph Max ClelandEXIMBANK11/21/0312/09/0318
Linda M. ConlinEXIMBANK01/28/0411/21/04252
Linda M. ConlinEXIMBANKRecess Appointment 04/16/04
Linda M. ConlinEXIMBANK05/13/04Returned 12/08/04
Harold J. Creel, JrFMC11/16/0411/21/045
Thomas J. CurryFDIC06/12/0312/09/03149
Patricia CushwaUSPC11/16/0411/21/045
Paul S. DeGregorioEAC10/03/0312/09/0367
William H. DonaldsonSEC01/28/0302/13/0316
Eric S. DreibandEEOC02/04/0307/31/03177
Michael V. DunnCFTC11/16/0411/21/045
Naomi C. EarpEEOC01/09/03Returned 12/08/04
Naomi C. EarpEEOCRecess Appointment 04/22/03
Naomi C. EarpEEOC05/14/0310/31/03139
Peter EideFLRA01/09/03Returned 12/09/03
Peter EideFLRA05/14/03Returned 12/09/03
Peter EideFLRA01/26/04Returned 12/08/04
Peter EideFLRARecess Appointment 04/22/03
Ellen G. Engleman (Chair)NTSB02/14/0303/19/0333



Board/aNominationConfirmationDays to
No minee C o mmi s s i o n da t e da t e confirm
Ellen G. Engleman (Member)NTSB02/14/0303/19/0333
Roger W. FergusonFRS09/10/0310/24/0344
April H. FoleyEXIMBANK04/10/03Withdrawn 11/21/03
April H. FoleyEXIMBANKRecess Appointment 04/22/03
April H. FoleyEXIMBANK05/14/03Withdrawn 11/21/03
April H. FoleyEXIMBANK11/21/0312/09/0318
Isaac Fulwood, Jr.USPC02/02/0411/21/04247
Alan GreenspanFRS05/18/0406/17/0430
John Joseph GrossenbacherNRC07/25/03Withdrawn 02/08/04
John Joseph GrossenbacherNRC07/25/03Withdrawn 02/08/04
Tony HammondPRC11/16/04Returned 12/08/04
Pamela J. HarbourFTC06/12/0307/23/0341
Frederick W. HatfieldCFTC10/07/0411/21/0445
Richard F. HealingNTSB01/09/0303/19/0369
Deborah HersmanNTSB03/02/0405/21/0480
Gracia M. HillmanEAC10/03/0312/09/0367
Ricardo Hinojosa (Member)USSC01/16/0305/22/03126
Ricardo Hinojosa (Chair)USSC02/23/0411/21/04226
Ricardo Hinojosa (Chair)USSCRecess appointment 08/02/04
Ricardo Hinojosa (Chair)USSC09/10/04Returned 12/08/04
Stuart IshimaruEEOC10/14/0310/31/0317
Gregory B. JaczkoNRC02/12/04Returned 12/08/04
Mary L. JordanFMSHRC03/11/0307/31/03142
Joseph T. KelliherFERC01/09/0311/07/03271
Suedeen G. KellyFERC06/16/0311/07/03113
Suedeen G. KellyFERC04/08/0411/21/04181
Albert Henry KonetziNRC11/16/04Returned 12/08/04
Charlotte R. LaneUSITC01/09/0311/21/04564
Charlotte R. LaneUSITCRecess appointment 08/22/03
Charlotte R. LaneUSITC10/01/03Returned 12/08/04
Jonathan D. LeibowitzFTC04/08/04Returned 07/22/04
Jonathan D. LeibowitzFTCRecess Appointment 9/01/04
Jonathan D. LeibowitzFTC9/10/0411/21/0472



Board/aNominationConfirmationDays to
No minee C o mmi s s i o n da t e da t e confirm
Neil A. G. McPhieMSPB01/09/03Returned 12/09/03
Neil A. G. McPhieMSPBRecess Appointment 4/22/03
Neil A. G. McPhieMSPB05/14/03Returned 12/09/03
Neil A. G. McPhie (Member)MSPB01/26/0411/21/04254
Neil A. G. McPhie (Chair)MSPB02/26/0411/21/04223
Deborah P. MajorasFTC05/11/04Returned 07/22/04
Deborah P. MajorasFTCRecess Appointment 09/01/04
Deborah P. MajorasFTC09/10/0411/21/0472
Susanne T. MarshallMSPB01/09/03Returned 12/09/03
Susanne T. MarshallMSPB01/26/04Withdrawn 02/26/04
Raymundo Martinez, IIIEAC10/03/0312/09/0367
R. Bruce MatthewsDNFSB01/09/03Returned 12/08/04
R. Bruce MatthewsDNFSBRecess Appointment 04/22/03
R. Bruce MatthewsDNFSB05/14/0311/21/04439
Rixio E. MedinaCSHIB06/25/0312/09/03136
Ronald E. MeisburgNLRB11/20/03Returned 12/08/04
Ronald E. MeisburgNLRBRecess Appointment 12/23/03
Ronald E. MeisburgNLRB01/21/04Returned 12/08/04
Thomas H. MooreCPSC03/11/04Withdrawn 03/23/04
Thomas H. MooreCPSC03/23/0405/21/0459
Cranston J. MitchellUSPC01/09/0303/06/0356
Richard MooreTVA02/04/0305/01/0386
Francis P. MulveySTB11/17/0305/21/04145
Daniel R. PearsonUSITC01/09/0311/21/04564
Daniel R. PearsonUSITCRecess appointment 08/22/03
Daniel R. PearsonUSITC10/01/03Returned 12/08/04
W. Scott RailtonOSHRC01/09/0307/31/03203
Edward F. Reilly, Jr.USPC01/09/0303/06/0356
Thomasina RogersOSHRC07/15/0307/31/0316
Ronald A. RosenfeldFHFB10/05/04Returned 12/08/04
Ronald A. RosenfeldFHFBRecess appointment 12/14/04
Mark V. RosenkerNTSB01/09/0303/19/0369
Barbara J. SapinMSPB04/08/0411/21/04181
Michael S. SchwartzRRB01/21/0305/23/03122



Board/aNominationConfirmationDays to
No minee C o mmi s s i o n da t e da t e confirm
William K. Sessions IIIUSSC09/30/0312/09/0370
Leslie SilvermanEEOC07/11/0310/31/0381
DeForest B. Soaries, Jr.EAC10/03/0312/09/0367
Deborah Ann SpagnoliUSPC06/25/0311/21/04397
Deborah Ann SpagnoliUSPCRecess appointment 05/28/04
Deborah Ann SpagnoliUSPC06/24/04Returned 12/08/04
Stanley C. SuboleskiFMSHRC01/09/0307/31/03203
Stanley C. SuboleskiFMSHRCRecess Appointment 04/22/03
Stanley C. SuboleskiFMSHRC05/14/03Returned 12/08/04
Mauricio J. TamargoFCSC07/11/0310/03/0353
Dawn A. TisdalePRC02/11/0411/21/04238
Michael E. TonerFEC01/09/0303/18/0368
Dallas TonsagerFCA11/16/0411/21/045
Read Van de WaterNMB09/15/0312/09/0385
Ellen L. WeintraubFEC01/09/0303/18/0368
Gary L. Visscher CSHIB10/14/0311/21/04317
Gary L. VisscherCSHIBRecess Appointment 08/02/04
Gary L. Visscher CSHIB09/10/04Returned 12/08/04
Michael G. YoungFMSHRC06/12/0307/31/0349
Mean number of days to confirm125
Median number of days to confirm78
a The key to agency acronyms is found in Appendix D.



CRS-49
Appendix B. Appointment Action, 108th Congress
IncumbentPositions ReturnedReturned atRecess
serving;to whichat anthe end ofappoint-
btermNominationsIndividualnominationsadjourn-the 108thments
aTotalPositionsVacantpositionsexpiredbsubmittednomineeswere madecConfirmationsmentCongressWithdrawn(Bush)
HIB 52032 2 2010 1
T 51 0 3 3 3 3 00 0
S 31 0 2 1 1 1 00 1 0
FB 50 2 3 2 2 2 01 0 1
C 40044 4 400 0
iki/CRS-RL327426 1 0 5 4 4 4 0 1 0 1
g/wIMBANK60 6 3 3 3 01 2 2
s.or
leak30011 1 1000 0
://wiki5 111
httpIC 40 0 1 1 1 1 00 0 0
60222 2 200
RC 51 0 3 2 3 00 0 0
4 0 0 3 2 2 2 0 1 0 1
RA 40 1 4 1 21
C 50043 3 3010 1
5 1 0 4 3 3 3 0 1 0 1
S 70033 * 00 0
C 5 153 3 3200 2
1 0 0 1 1 1 1 0 0 0 0



CRS-50
IncumbentPositions ReturnedReturned atRecess
serving;to whichat anthe end ofthappoint-
TotalVacantbtermNominationsIndividualnominationsadjourn-the 108ments
aPositionspositionsexpiredbsubmittednomineeswere madecConfirmationsmentCongressWithdrawn(Bush)
SPB 301734* 3301 1
UA 3 1 0 0 0 0 0 0 0 0 0
RB 62 2 1 1 02 1
30111 1000 0
SB 5 0545* 5 00
C 62043 2 0022 0
C 3 0 0 2 2 2 2 0 0 0 0
iki/CRS-RL327425 222 1 1
g/w
s.orB 40 2 1 1 1 00 0 0
leakC 50122 2 200
://wikiB 3 022 0 0
httpA 40011 1 100
ITC 6 142 2 2 20 2
P 50 0 6 5 5 5 01 1
C 400534* 4010
TALS 153 12 15 102 75 77 72 7 17 6 17
f abbreviations may be found in Appendix D.
of Dec. 8, 2004.
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
mn does not count multiple nominations to one position for successive terms.
ote c.



Appendix C. Senate Adjournmentsa
During the 108th Congress
Number of recess
appointments to
Number ofregulatory and other
daysbcollegial boards and
Date adjournedDate reconvenedadjournedcommissions
The first session of 108th Congress convened on 01/07/03.
01/23/03 01/28/03 4
02/14/03 02/24/03 9
04/11/03 04/29/03 17 7
05/23/03 06/02/03 9
06/27/03 07/07/03 9
08/01/03 09/02/03 31 3
10/03/03 10/14/03 10
11/25/03 12/09/03 13
The Senate adjourned sine die on 12/09/03. The second session ofth
108 Congress convened 01/20/04. The intersession (period1
between these two dates) was 41 days long.
02/12/04 02/23/04 10
03/12/04 03/22/04 9
04/08/04 04/19/04 10
05/21/04 06/01/04 10 1
06/09/04 06/14/04 4
06/25/04 07/06/04 10
07/22/04 09/07/04 46 4
10/11/04 11/16/04 35
11/24/04 12/07/04 12
The Senate adjourned sine die on 12/08/04. The first session ofth
the 109 Congress convened on 01/04/05. The intersession1
(period between these two dates) was 26 days long.
a Consistent with Art. I, Sec. 5 of the Constitution, this table includes all within and between session
adjournments of four days or longer as indicated in the Senate Days-in-Session Calendars” website
at [http://thomas.loc.gov/home/ds/index.html#senate], visited Dec. 9, 2004.b
In this table, the number of days adjourned includes all those days between the date adjourned and
the date reconvened.



Appendix D. Board/Commission Abbreviations
CSHIBChemical Safety and Hazard Investigation Board
CFTCCommodity Futures Trading Commission
CPSCConsumer Product Safety Commission
DNFSBDefense Nuclear Facilities Safety Board
EAC Election Assistance Commission
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