Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 109th Congress

Presidential Appointments to Full-Time Positions
on Regulatory and Other Collegial Boards and
th
Commissions, 109 Congress
November 14, 2008
Henry Hogue
Government and Finance Division
Maureen Bearden, Dana Ely,
and Terrence Lisbeth
Knowledge Services Group



Presidential Appointments to Full-Time Positions on
Regulatory and Other Collegial Boards and
Commissions, 109th Congress
Summary
During the 109th Congress, President George W. Bush submitted nominations
to the Senate for 90 of the 152 full-time positions on 33 regulatory and other boards
and commissions that have such positions. (Most of the remaining positions were
not vacant during that time.) A total of 111 nominations were submitted for these 90
positions, of which 79 were confirmed, 6 were withdrawn, and 26 were returned to
the President. The number of nominations exceeds the number of positions because
the President submitted multiple nominations for some positions. In some cases, for
example, the President submitted one nomination for the end of a term in progress
and a second nomination of the same person to the same position for the succeeding
term. In other cases, the President submitted a second nomination after his first
choice failed to be confirmed. The President also usually submitted an “extra”
nomination of an individual to whom he had given a recess appointment in order to
comply with a law affecting the payment of that appointee. President Bush made 10
appointments to regulatory and other boards and commissions when the Senate was
adjourned during a session (known as intrasession recess appointments) and 2 other
appointments between sessions (known as intersession recess appointments). At the
end of the Congress, 12 incumbents were serving past the expiration of their terms.
In addition, there were 11 vacancies among the 152 positions.
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate. It also
specifies, for the 109th Congress, all nominations to full-time positions on 33
regulatory and other collegial boards and commissions. Profiles of each board and
commission provide information on their organizational structures, membership asth
of end of the 109 Congress, and appointment activity during that Congress. The
organizational section discusses the statutory requirements for the appointed
positions, including the number of members on each board or commission, their
terms of office, whether or not they may continue in their positions after their terms
expire, whether or not political balance is required, and the method for selection of
the chair. Membership and appointment activity are provided in tabular form. The
report also includes tables summarizing the collective appointment activity for all 33
bodies, and identifying Senate recesses during the 109th Congress.
Information for this report was compiled from data from the Senate nominations
database of the Legislative Information System at [http://www.congress.gov/nomis/],
telephone discussions with agency officials, agency websites, the United States Code,
and the 2004 edition of United States Government Policy and Supporting Positions
(more commonly known as the “Plum Book”).
This report will not be updated.



Contents
In troduction ......................................................1
The Appointment Process for PAS Positions........................1
Selection, Clearance, and Nomination..........................1
Senate Consideration.......................................3
Appointment .............................................4
Recess Appointments...........................................5
Characterization of Regulatory and Other Collegial Bodies.............5th
Appointments During the 109 Congress...........................7
Length of Time to Confirm a Nomination...........................7
Organization of the Report.......................................8
Board and Commission Profiles..............................8
Additional Appointment Information.........................10
Chemical Safety and Hazard Investigation Board (CSB)..................11
Commodity Futures Trading Commission (CFTC).......................12
Consumer Product Safety Commission (CPSC).........................13
Defense Nuclear Facilities Safety Board (DNFSB).......................14
Election Assistance Commission (EAC)...............................15
Equal Employment Opportunity Commission (EEOC)....................16
Export-Import Bank (EXIMBANK)..................................17
Farm Credit Administration (FCA)...................................18
Federal Communications Commission (FCC)...........................19
Federal Deposit Insurance Corporation (FDIC), Board of Directors..........20
Federal Election Commission (FEC)..................................22
Federal Energy Regulatory Commission (FERC)........................24
Federal Housing Finance Board (FHFB)...............................25
Federal Labor Relations Authority (FLRA).............................26
Federal Maritime Commission (FMC)................................27
Federal Mine Safety and Health Review Commission (FMSHRC)..........28
Federal Reserve System, Board of Governors (FRS).....................29



Foreign Claims Settlement Commission (FCSC)........................31
Merit Systems Protection Board (MSPB)..............................32
National Credit Union Administration, Board of Directors (NCUA).........33
National Labor Relations Board (NLRB)..............................34
National Mediation Board (NMB)....................................36
National Transportation Safety Board (NTSB)..........................37
Nuclear Regulatory Commission (NRC)...............................38
Occupational Safety and Health Review Commission (OSHRC)............40
Postal Rate Commission (PRC)......................................41
Railroad Retirement Board (RRB)....................................42
Securities and Exchange Commission (SEC)...........................43
Surface Transportation Board (STB)..................................44
United States International Trade Commission (USITC)..................45
United States Parole Commission (USPC).............................46
United States Sentencing Commission (USSC).........................47
Appendix A. Nominations and Appointments to Regulatory and th
Other Collegial Boards and Commissions, 109 Congress.............48
Appendix B. Appointment Action, Regulatory and
Other Collegial Boards and Commissions, 109th Congress.............53
Appendix C. Senate Intersession Recesses, Intrasession Recesses
of Four or More Days, and Numbers of Recess Appointments
to Positions on Regulatory and Other Collegial Boards and th
Commissions, 109 Congress ..................................56
Appendix D. Board/Commission Abbreviations.........................58
List of Tables
Table 1. Appointment Action for 33 Regulatory and
Other Boards and Commissions During the 109th Congress.............8



Presidential Appointments to Full-Time
Positions on Regulatory and Other Collegial
th
Boards and Commissions, 109 Congress
Introduction
This report provides an overview of the process for filling positions to which the
President makes appointments with the advice and consent of the Senate (PAS
positions). It also specifies, for the 109th Congress (January 2005-December 2006),
all nominations to full-time positions on 33 regulatory and other collegial boards and
commissions that have such positions (e.g., the Consumer Product Safety
Commission, the Federal Reserve Board, and the Election Assistance Commission).
Profiles of each board and commission provide information on their organizational
structures, membership as of the end of the 109th Congress, and appointment activity
during that Congress.
The Appointment Process for PAS Positions
The President and the Senate share the power to appoint the principal officers
of the United States.1 The Constitution (Article II, Section 2, clause 2) empowers the
President to nominate and, by and with the advice and consent of the Senate, to
appoint the principal officers of the United States.2 Three distinct stages mark the
appointment process: selection, clearance, and nomination by the President;
consideration by the Senate; and appointment by the President.
Selection, Clearance, and Nomination. In this stage, the White House
selects and clears a nominee before sending the formal nomination to the Senate.
There are a number of steps in this stage of the process for most Senate-confirmed
positions. First, with the assistance of, and preliminary vetting by, the White House
Office of Presidential Personnel, the President selects a candidate for the position.
Interested parties, including Members of Congress, often have input during this
process. Most boards and commissions are required, by statute, to have a political


1 A succinct historical and contemporary overview of the appointment power is found in
Louis Fisher, “Appointment Powers,” in his Constitutional Conflicts between Congress andth
the President, 5 ed. (Lawrence, KS: University Press of Kansas, 2007), pp. 21-47.
2 Article II, § 2, cl. 2, provides that the President “shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be established by Law:
but the Congress may by Law vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

balance among their members (i.e., no more than a simple majority may be from the
same political party), so the President normally negotiates over nominations with
leaders of the opposition party in Congress. These negotiations involve questions not
only of patronage but of policy, especially when the board or commission is involved
in areas that, at the time, may be particularly sensitive. This often results in a
packaging process in which the President submits several nominations together for
positions in a particular agency and the Senate then confirms them as a group.
Sometimes, however, only one or two nominations are submitted when three or four
positions may be available. When this occurs, a nomination may remain before the
Senate for many months, until one or two additional nominations are submitted.
Generally, all are then quickly confirmed.
During the clearance process, the candidate prepares and submits several forms:
the “Public Financial Disclosure Report” (Standard Form (SF) 278), the
“Questionnaire for National Security Positions” (SF 86), and the White House
“Personal Data Statement Questionnaire.” The Office of the Counsel to the President
oversees the clearance process, which often includes background investigations
conducted by the Federal Bureau of Investigation (FBI), the Internal Revenue Service
(IRS), the Office of Government Ethics (OGE), and an ethics official for the agency
to which the candidate is to be appointed. If conflicts are found during the
background check, OGE and the agency ethics officer may work with the candidate
to mitigate the conflicts. Once the Office of the Counsel to the President has cleared
the candidate, the nomination is ready to be submitted to the Senate.
The selection and clearance stage is often the longest part of the appointment
process. There can be lengthy delays, particularly if many candidates are being
processed, as they are at the beginning of an Administration, or if conflicts need to
be resolved. Candidates for higher-level positions are often accorded priority in this
process. In an effort to reduce the elapsed time between a new President’s
inauguration and the appointment of his or her national security team, provisions
added, in 2004, to the Presidential Transition Act of 1963 encourage Presidents-elect
to submit, for security clearance, potential nominees to high-level national security
positions as soon as possible after the election.3
For positions located within a state (e.g., U.S. attorneys, U.S. marshals, and U.S.
district judges), the President, by custom, normally nominates an individual
recommended by the Senator or Senators (if they are from the same party as the
President) from that state.4 If neither Senator is from the President’s party, he usually
defers to the recommendations of party leaders from the state. Occasionally, the
President solicits recommendations from Senators of the opposition party because of
their positions in the Senate. Before making a nomination to a federal position at the
state or national level, the President would consider how it will fare in the
confirmation process.


3 3 U.S.C. 102 note.
4 For more on the role of Senators in the appointment of U.S. district judges, see CRS Report
RL34405, Role of Home State Senators in the Selection of Lower Federal Court Judges, by
Denis Steven Rutkus.

A nominee has no legal authority to assume the duties and responsibilities of the
position; the authority comes with Senate confirmation and presidential appointment.
A nominee who is hired by the agency as a consultant while awaiting confirmation
may serve only in an advisory capacity. If circumstances permit and conditions are
met, the President may give the nominee a recess appointment to the position (see
below). Recess appointments may have political consequences, however, particularly
if Senators perceive that an appointment is an effort to circumvent their constitutional
role. Some Senate-confirmed positions, such as many of those in the executive
departments, may also be temporarily filled under the Federal Vacancies Reform Act
of 1998.5 Positions on most boards and commissions, however, are not covered by
this act.6
Senate Consideration. In the confirmation or second stage, the Senate alone
determines whether or not to confirm a nomination.7 The way the Senate acts on a
nomination depends largely on the importance of the position involved, existing
political circumstances, and policy implications. Generally, the Senate shows
particular interest in the nominee’s views and how they are likely to affect public
policy.8 Two other factors may also affect the scrutiny with which a nominee’s
personal and professional qualities are examined: whether or not the President’s party
controls the Senate and the degree to which the President becomes involved in
supporting the nomination.
The Senate confirmation process is centered at the committee level. On the day
the President submits a nomination to the Senate, the Senate’s executive clerk refers
it to the appropriate committee or committees. When making a referral, the
executive clerk is guided by Senate Rule XXV, which establishes the subject matters
under the purview of each committee and directs that “all proposed legislation,
messages, petitions, memorials, and other matters relating primarily to [those]
subjects” be referred to that committee. The executive clerk is also guided by
precedents set by prior referrals and by standing orders and unanimous consent (UC)9
agreements pertaining to referral of nominations. Most nominations are sent to a
single committee. Occasionally, the Senate has agreed, by unanimous consent, by
standing order, or by statute, to refer one or more nominations to more than one
committee.


5 P.L. 105-277, Div. C, Title I, sec. 151; 5 U.S.C. § 3345-3349d. For more on the Federal
Vacancies Reform Act of 1998, see CRS Report 98-892, The New Vacancies Act: Congress
Acts to Protect the Senate’s Confirmation Prerogative, by Morton Rosenberg.
6 5 U.S.C. § 3349c.
7 For further information, see CRS Report RL31980, Senate Consideration of Presidential
Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, and CRS Report
RL31948, Evolution of the Senate’s Role in the Nomination and Confirmation Process: A
Brief History, by Betsy Palmer.
8 G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free
Press, 1981), pp. 97-189.
9 For more, see CRS Report RL30959, Presidential Appointee Positions Requiring Senate
Confirmation and Committees Handling Nominations, by Henry B. Hogue, Maureen
Bearden, and Terrence Lisbeth.

Committee nomination activity generally includes investigation, hearing, and
reporting stages. As part of investigatory work, committees may draw on information
provided by the White House as well as information collected by the committees.
Hearings provide a public forum to discuss a nomination and any issues related to the
program or agency for which the nominee would be responsible. Even if
confirmation is thought to be a virtual certainty, hearings may provide Senators and
the nominee with an opportunity to go on the record with particular views or
commitments. Senators may use hearings to explore a nominee’s qualifications,
articulate a policy perspective, or raise related oversight issues. Some committees
hold hearings on nearly all nominations that are referred to them; others hold
hearings for only some.
The committee may discontinue acting on a nomination at any point — upon
referral, after investigation, or after a hearing. If the committee votes to report the
nomination back to the full Senate, it has three options: it may report the nomination
to the Senate favorably, report it unfavorably, or report it without recommendation.
If the committee elects not to report a nomination, the Senate may, under certain
circumstances, discharge the committee from further consideration of the nomination
in order to bring it to the floor.10
Although the Senate confirms most nominations, some nominations are not
confirmed. Rarely, however, does the full Senate reject a nomination. Most
nominations that are not confirmed fail in committee, either by committee vote or by
committee inaction. Rejections in committee occur for a variety of reasons, including
opposition to the nomination, inadequate amount of time for consideration of the
nomination, or factors that may have nothing to do with the merits of the nomination.
If a nomination is not acted upon by the Senate by the end of a Congress, it is
returned to the President. Pending nominations also may be returned automatically
to the President at the beginning of a recess of 30 days or longer, but the Senate rule
providing for this return is often waived.11
Appointment. In the final stage, the confirmed nominee is given a
commission signed by the President, with the seal of the United States affixed
thereto, and is sworn into office. The President may sign the commission at any time
after confirmation. Once the appointee is given the commission and sworn in, he or
she has full authority to carry out the responsibilities of the office.


10 For more information, see CRS Report RL31980, Senate Consideration of Presidential
Nominations: Committee and Floor Procedure, by Elizabeth Rybicki, p. 7.
11 The rule may be found in U.S. Congress, Senate Committee on Rules and Administration,
Senate Manual, 107th Cong., 1st sess., S. Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule
XXXI, paragraph 6 of the Standing Rules of the Senate. For an example of a waiver of the
rule, see Sen. William H. Frist, “Nomination to Remain in Status Quo,” Congressional
Record, daily edition, vol. 152, Sept. 29, 2006, p. S10762.

Recess Appointments
The Constitution also empowers the President to make limited-term
appointments without Senate confirmation when the Senate is in recess.12 Such
recess appointments expire at the end of the next full session of Congress. Appendix
C provides a table showing the dates of the Senate recesses for the 109th Congress
and the number of recess appointments to positions on regulatory and other collegial
boards and commissions during each recess.
Presidents have occasionally used the recess appointment power to circumvent
the confirmation process. In response, Congress has placed restrictions on the
President’s authority to make a recess appointment. Under 5 U.S.C. § 5503(a), if the
position to which the President makes a recess appointment falls vacant while the
Senate is in session, the recess appointee may not be paid from the Treasury until he
or she is confirmed by the Senate. The salary prohibition does not apply (1) if the
vacancy arose within 30 days before the end of the session; (2) if a nomination for
the office (other than the nomination of someone given a recess appointment during
the preceding recess) was pending when the Senate recessed; or (3) if a nomination
was rejected within 30 days before the end of the session and another individual was
given the recess appointment. A recess appointment falling under any one of these
three exceptions must be followed by a nomination to the position not later than 40
days after the beginning of the next session of the Senate. For this reason, when a
recess appointment is made, the President generally submits a new nomination for
the appointee even when an earlier nomination is still pending.13 In addition,
although recess appointees whose nominations to a full term are subsequently
rejected by the Senate may continue to serve until the end of their recess
appointment, a provision of the annual financial services and general government
appropriations act prohibits payments, from appropriated funds, to an appointee after
such a rejection.14
Characterization of Regulatory and Other Collegial Bodies
Federal executive branch boards and commissions share, among other things,
the following characteristics: (1) they are independent executive branch bodies
located, with four exceptions, outside executive departments;15 (2) several members


12 Art. II, § 2, cl. 3.
13 For further information, see CRS Report RS21308, Recess Appointments: Frequently
Asked Questions, by Henry B. Hogue.
14 P.L. 109-115, Div. A, Sec. 809; 119 Stat. 2497. The provision reads, “No part of any
appropriation for the current fiscal year contained in this or any other Act shall be paid to
any person for the filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.” This provision has been
part of this funding bill since at least 1950.
15 Exceptions are as follows: (1) the Federal Energy Regulatory Commission (FERC),
located in the Department of Energy (DOE); (2) the Foreign Claims Settlement Commission
(FCSC) and (3) the United States Parole Commission (USPC), both located in the
(continued...)

head each entity; (3) the members are appointed by the President with the advice and
consent of the Senate; and (4) the members serve fixed terms of office, and, except
in a few bodies, the President’s power to remove them is restricted.
In this context, fixed terms of office have set beginning and end dates,
irrespective of whether the posts are filled or when appointments are made. (In other
contexts, in contrast, the full term begins to run when an appointee takes office, and
it expires after the incumbent has held the post for the requisite period of time.) The
end dates of the fixed terms of a board’s members are staggered, so that the terms do
not expire all at once. The use of terms with fixed beginning and end dates is
intended to minimize the occurrence of simultaneous board member departures and
thereby increase leadership continuity.
A new commission or board member may be nominated and confirmed for a
position from which someone has resigned (or died) with an unexpired term or for
a position with a new term that is already underway. Occasionally, where the
unexpired term has been for a very short period, the President has submitted two
nominations of the same person simultaneously — the first to complete the unexpired
term and the second to complete a regular term of office.
On some commissions, the chair is subject to Senate confirmation and must be
appointed from among the incumbent commissioners. If the President wishes to
appoint, as chair, someone who is not on the commission, two nominations are
submitted simultaneously for the nominee — one for member and the other for chair.
As independent entities with staggered membership, executive branch boards
and commissions have more political independence from the President than do
executive departments. Nonetheless, the President can sometimes exercise
significant influence over the composition of the membership when he designates the
chair or has the opportunity to fill a number of vacancies at once. For example,
President George W. Bush had the opportunity to shape the Securities and Exchange
Commission during the first two years of his presidency because of existing
vacancies, resignations, and the death of a member. Likewise, during the same time
period, President Bush was able to submit nominations for all of the positions on the
National Labor Relations Board because of existing vacancies, expiring recess
appointments, and resignations. Simultaneous turnover of board or commission
membership may result from coincidence, but it may also be the result of a buildup


15 (...continued)
Department of Justice (DOJ); and (4) the Surface Transportation Board (STB), located in
the Department of Transportation (DOT). FERC’s enabling statute designates it as an
independent entity in DOE, and provides that its members and employees are not subject to
the supervision or direction of department officials (42 U.S.C. § 7171). The FCSC is
designated as an independent entity within DOJ, with a specific provision that decisions of
the commission shall not be subject to review by the Attorney General (22 U.S.C. § 1622g).
The enabling statute of the STB provides that “members, employees, and other personnel
of the board shall not be responsible to or subject to the supervision or direction of any
officer, employee, or agent” of DOT (49 U.S.C. § 703(c)). The enabling statute of the USPC
establishes it as an independent agency within the Department of Justice (18 U.S.C. § 4202).

of vacancies after extended periods during which the President fails to nominate, or
the Senate fails to confirm, members.
Two other notable characteristics apply to appointments to some of the boards
and commissions. First, for 25 of the regulatory and other collegial boards and
commissions, the law limits the number of appointed members who may belong to
the same political party, usually to no more than a simple majority of the appointed
members (e.g., two of three, or three of five).16 Second, advice and consent
requirements also apply to inspector general appointments in four of these
organizations and general counsel appointments in three.
Appointments During the 109th Congress
During the 109th Congress, President George W. Bush submitted nominations
to the Senate for 90 of the 152 full-time positions on 33 regulatory and other boards
and commissions. (Most of the remaining positions were not vacant during that
time.) A total of 111 nominations were submitted for these positions, of which 79
were confirmed, 6 were withdrawn, and 26 were returned to the President. The
number of nominations exceeded the number of positions because the President
submitted multiple nominations for some positions. In some cases, for example, the
President submitted one nomination for the end of a term in progress and a second
nomination of the same person to the same position for the succeeding term. In other
cases, the President submitted a second nomination after his first choice failed to be
confirmed. The President also usually submitted an “extra” nomination of an
individual to whom he had given a recess appointment in order to comply with a law
affecting the payment of that appointee (see “Recess Appointments,” above).
President Bush made 10 appointments to regulatory and other boards and
commissions when the Senate was adjourned during a session (known as intrasession
recess appointments), and 2 other appointments between sessions (known as
intersession recess appointments). Table 1 summarizes the appointment activity for
the 109th Congress. At the end of the Congress,12 incumbents were serving past the17
expiration of their terms. In addition, there were 11 vacancies among the 152
positions.
Length of Time to Confirm a Nomination
The length of time a given nomination may be pending in the Senate varies
widely. Some nominations are confirmed within a few days, others may not be
confirmed for several months, and some are never confirmed. In the board and


16 For 3 of these 25 organizations, the Election Assistance Commission, the Federal Election
Commission, and the United States International Trade Commission, the number of member
positions is even, and no more than half may be of the same party.
17 The enabling statutes for some boards and commissions provide for the continuation of
a member’s service past the end of his or her term for an additional specified period of time,
or until replaced by successor. Such provisions are known as holdover provisions. A
member of the Defense Nuclear Facilities Safety Board, for example, serves for a term of
five years, but “may serve after the expiration of that member’s term until a successor has
taken office” (42 U.S.C. § 2286(d)(3)).

commission profiles following this opening narrative, this report provides, for each
board or commission nomination that was confirmed in the 109th Congress, the
number of days between nomination and confirmation (“days to confirm”). For those
nominations that were confirmed, an average of 96 days elapsed between nomination
and confirmation. The median18 number of days elapsed was 50. The difference
between these two numbers suggests that the average was pulled upward by a small
number of unusually high numbers. These statistics exclude days during August
recesses and between sessions of the Congress. This cutoff point is suggested by the
Senate rules, which provide that “if the Senate shall adjourn or take recess for more
than thirty days, all nominations pending and not finally acted upon” shall be
returned to the President, although this rule is often waived.19 The 33 days during the
August 2005 recess, the 11 days between the first and second sessions of the 109th
Congress, and the 31 days during the August 2006 recess were subtracted from the
“days to confirm” for those nominations that spanned one or more recesses.
Although it also exceeded 30 days, no days were subtracted for a 39-day recess
during October and November 2006 in order to maintain consistency with similar
reports for previous Congresses.
Table 1. Appointment Action for 33 Regulatory and Other
Boards and Commissions During the 109th Congress
Positions on the 33 boards and commissions (total)152
Positions to which nominations were made90
Individual nominees87
Nominations submitted to the Senate during the 109th Congress (total)111
Disposition of nominations
Confirmed by the Senate79
Withdrawn6
Returned26
Recess Appointments (total)12
Intrasession10
Intersession2
Organization of the Report
Board and Commission Profiles. Each of the 33 board or commission
profiles following the narrative portion of this report is organized into three parts: a
paragraph discussing the body’s organizational structure, a table identifying itsth
membership as of the end of the 109 Congress, and a table listing nominations and
appointments to its positions during the 109th Congress. The organizational sections
discuss the statutory requirements for the appointed positions, including the number


18 This median is the middle number when the “days to confirm” data for all the confirmed
nominations are arranged in numerical order.
19 U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 107th
Cong., 1st sess., S.Doc. 107-1 (Washington: GPO, 2002), p. 55, Rule XXXI, paragraph 6 of
the Standing Rules of the Senate.

of members on each board or commission, their terms of office, whether or not they
may continue in their positions after their terms expire, whether or not political
balance is required, and the method for selection of the chair.
Data20 on appointment actions during the 109th Congress appear under both the
sections entitled “Membership as of the End of the 109th Congress” and those entitled
“Appointment Action in the 109th Congress.” The former identifies the agency’s
positions requiring Senate confirmation and the incumbents in those positions as of
that time. Incumbents whose terms have expired are italicized. Most of the
incumbents serve fixed terms of office and are removable only for specified causes.
They generally remain in office when a new administration assumes office following
a presidential election. For those agencies requiring political balance among their
members, the party affiliation of an incumbent is listed as Democrat (D), Republican
(R), or Independent (I). The section also includes the pay levels of the positions. For
presidentially appointed positions requiring Senate confirmation, the pay levels fall
under the Executive Schedule, which ranges from level I, for cabinet-level offices,
to level V, for the lowest-ranked positions. Most of the chair positions are at level
III, and most of the other positions are at level IV.21
The “Appointment Action” section identifies the nominees (in chronological
order), the positions to which they were nominated, the dates of nomination, the
dates of confirmation, and the number of days taken for confirmation. Actions other
than confirmation (i.e., nominations rejected by the Senate, nominations returned to
or withdrawn by the President, and recess appointments) are also noted.
Occasionally, when a position is vacant and the unexpired term of office ends within
a number of weeks or months, two nominations for the same nominee are submitted,
the first to complete the unexpired term, and the second for a full term following
completion of the expired term. Also, when a nominee is awaiting Senate action and
he or she is given a recess appointment, a second, follow-up nomination is usually
submitted to comply with the requirements of 5 U.S.C. § 5503(b).
In tables that show more than one confirmed nomination, the mean number of
days to confirm a nomination is provided. This figure was determined by calculating
the number of days between the nomination and confirmation dates, adding these
numbers for all confirmed nominations, and dividing the result by the number of
nominations confirmed. For tables in which one individual was confirmed more than
once (to be a chair and a member, for example), the mean was calculated by


20 This report was compiled from data from the Senate nominations database of the
Legislative Information System [http://www.congress.gov/nomis/], telephone discussions
with agency officials, agency websites, the United States Code, and the 2004 “Plum Book”
(U.S. Congress, House Committee on Government Reform, United States Governmentthnd
Policy and Supporting Positions, 108 Cong., 2 sess., Committee Print, Nov. 22, 2004
(Washington: GPO, 2004)).
21 The pay rates for the Executive Schedule, as of the end of the 109th Congress (2006), were
as follows: Level I, $183,500; Level II, $165,200; Level III, $152,000; Level IV, $143,000;
and Level V, $133,900. U.S. Office of Personnel Management “Salary Table 2006-EX,”
available at [http://www.opm.gov/ oca/06tables/html/ex.asp].

averaging all values in the “Days to confirm” column, including the values for both
confirmations.
Additional Appointment Information. Appendix A provides, in a single
table, information on all of the nominations and appointments to regulatory and other
collegial boards and commissions during the 109th Congress, alphabetically
organized, and following a similar format to that of the “Appointment Action”
sections just discussed. It identifies the board or commission involved and the dates
of nomination and confirmation. The appendix also indicates if a nomination was
withdrawn, returned, or rejected, or if a recess appointment was made. The mean and22
median number of days taken to confirm a nomination are also provided.
Appendix B provides summary information on appointments and nominations
by organization. For each of the 33 independent boards and commissions discussed
in this report, the appendix provides the number of positions, vacancies, incumbents
whose terms have expired, nominations, individual nominees, positions to which
nominations were made, confirmations, nominations returned to the President,
nominations withdrawn, and recess appointments.
Appendix C provides the dates of Senate adjournments during the 109th
Congress and the number of recess appointments during each period of adjournment.
A list of organization abbreviations can be found in Appendix D.


22 This median is the middle number when the “days to confirm” data for all the confirmed
nominations are arranged in numerical order.

Chemical Safety and
Hazard Investigation Board (CSB)
The CSB is an independent agency consisting of five members (no political
balance is required), including a chair, who serve five-year terms. The President
appoints the members, including the chair, with the advice and consent of the
Senate. When a term expires, the incumbent must leave office. (42 U.S.C. §

7412(r)(6))


Membership as of the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Carolyn W. Merritt (Chair)na08/01/0208/02/07IV
John S. Breslandna08/01/0208/02/07IV
Gary L. Visscherna11/21/0411/29/09IV
William B. Warkna09/15/0609/22/11IV
William E. Wrightna09/15/0609/22/11IV
na - not applicable
CSB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
William E. WrightnaMemberGerald V. Poje06/26/0609/15/0650
William B. WarknaMemberRixio E. Medina06/26/0609/15/0650
Mean number of days to confirm a nomination50
na - not applicable



Commodity Futures Trading Commission (CFTC)
The CFTC consists of five members (no more than three may be from the same
political party) who serve five-year terms. At the end of a term, a member may
remain in office, unless replaced, until the end of the next session of Congress. The
chair is also appointed by the President, with the advice and consent of the Senate.
(7 U.S.C. § 2(a)(2))
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Reuben Jeffery III (Chair)R06/30/0504/13/07III
Michael V. DunnD11/21/0406/19/11IV
Walter LukkenR08/01/0204/15/10IV
Frederick W. HatfieldD10/07/0404/13/08IV
Vacant 04/13/09 IV
CFTC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Reuben Jeffery IIIRCommissionerBarbara P. Holum05/17/0506/30/0544
Reuben Jeffery IIIRChairJames E. Newsome05/17/0506/30/0544
Walter LukkenRCommissionerReappointment05/25/0506/30/0536
Michael V. DunnDCommissionerReappointment06/16/0608/03/0648
Jill E. SommersRCommissionerSharon Brown-Hruska12/05/06Returned 12/09/06 a
Mean number of days to confirm a nomination43
a. Returned to the President at the end of the 109th Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.



Consumer Product Safety Commission (CPSC)
The statute establishing the CPSC calls for five members, who serve seven-yearth
terms. During a period that included the 109 Congress, however, funding was
authorized for only three of these positions. No more than three of the members may
be from the same political party. A member may remain in office for one year at the
end of a term, unless replaced. The chair is also appointed by the President, with the
advice and consent of the Senate. (15 U.S.C. § 2053)
Membership at the End of the 109th Congress a
Date first TermPay
IncumbentPartyconfirmed expireslevel
Nancy A. Nord (Acting Chair)R04/28/0510/27/12III
Thomas H. MooreD04/06/9510/26/10IV
Vacant 10/27/13 IV
Vacant na I V
Vacant na I V
na - not applicable
CPSC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Nancy A. Nord bRCommissionerMary S. Gall02/28/0504/28/0559
Nancy A. Nord bRCommissionerReappointment02/28/0504/28/0559
Mean number of days to confirm a nomination59
a. From FY1993 through the period covered by this report, funds were not available for the
compensation and benefits of more than three members of the commission. (P.L. 102-389, Title
3, Oct. 6, 1992; 105 Stat. 1596; 15 U.S.C. § 2053 note).
b. The first nomination was to the position formerly held by Mary S. Gall for the remainder of the term
expiring October 26, 2005. The second nomination was to the same position for the succeeding
ter m.



Defense Nuclear Facilities Safety Board (DNFSB)
The DNFSB consists of five members (no more than three may be from the
same political party), who serve five-year terms. After a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair. (42 U.S.C. § 2286)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Andrew J. Eggenberger R10/18/8910/18/08III
(Chair)
John E. Mansfield R10/30/9710/18/11III
(Vice Chair)
Joseph F. BaderD11/21/0410/18/07III
Larry W. BrownR09/29/0610/18/10III
Peter S. WinokurD09/29/0610/18/09III
DNFSB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Andrew J. RMemberReappointment06/29/0512/09/06453
E gge nb e r ge r
John E. MansfieldRMemberReappointment09/05/0609/29/0624
Larry W. BrownRMember R. Bruce Matthews09/05/0609/29/0624
Peter S. WinokurDMemberJohn T. Conway09/05/0609/29/0624
Mean number of days to confirm a nomination131



Election Assistance Commission (EAC)
The EAC consists of four members (no more than two may be from the same
political party), who serve four-year terms. After a term expires, a member may
continue to serve until a successor takes office. The chair and vice chair, from
different political parties and designated by the commission, change each year. (42
U.S.C. § 15323)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Paul S. DeGregorio a (Chair)R12/09/0312/12/05 IV
Gracia M. Hillman aD12/09/0312/12/05IV
Donetta DavidsonR07/28/0512/12/07IV
Vacant 12/12/07 IV
EAC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Donetta DavidsonRMemberDeForest B. Soaries Jr.07/21/0507/28/057
Caroline C. HunterRMemberPaul S. DeGregorio09/15/06Returned 12/09/06 b
Rosemary E. RodriguezDMemberRaymundo Martinez III12/06/06Returned 12/09/06 b
Mean number of days to confirm a nomination7
a. The terms of the incumbents shown in italics had expired. In each case, the incumbent continued
to serve under the holdover provision noted above. th
b. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.



Equal Employment Opportunity Commission
(EEOC)
The EEOC consists of five members (no more than three may be from the same
political party), who serve five-year terms. An incumbent whose term has expired
may continue to serve until a successor is appointed, except that no such member
may continue to serve (1) for more than 60 days when Congress is in session, unless
a successor has been nominated; or (2) after the adjournment of the session of the
Senate in which the successor’s nomination was submitted. The President designates
the chair. The President also appoints the general counsel, with the advice and
consent of the Senate. (42 U.S.C. § 2000e-4(a))
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Co mmissio n e rs
Naomi C. Earp (Chair )R10/31/0307/01/10IV
Leslie E. Silverman (ViceR03/01/0207/01/08IV
Cha i r )
Stuart IshimaruD10/31/0307/01/07IV
Christine M. GriffinD10/21/0507/01/09IV
Vacant 07/01/11 IV
General Counsel
Ronald S. Cooperna a03/27/064 yearsV
na - not applicable
EEOC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Christine M. GriffinDMemberPaul S. Miller07/28/0510/21/0552
Naomi C. EarpRMemberReappointment07/29/0510/21/0551
Ronald S. Cooperna aGeneralEric S. Dreiband03/27/0607/26/06121
Co unse l
David PalmerRMemberCari M. Dominguez09/15/06Returned 12/09/06 b
Mean number of days to confirm a nomination75
na - not applicable
a. The provision establishing the general counsel position does not include requirements with regard
to political affiliation.th
b. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.



Export-Import Bank (EXIMBANK)
The Export-Import Bank Board of Directors comprises the president of the
bank, who serves as chair; the first vice president of the bank, who serves as vice
chair; and three other members (no more than three of these five may be from the
same political party). All five members are appointed by the President, with the
advice and consent of the Senate, and serve four-year terms. An incumbent whose
term has expired may continue to serve (1) until a successor is qualified, or (2) until
six months pass after the term expires — whichever occurs earlier. (12 U.S.C. §
635a) The President also appoints an inspector general, with the advice and consent
of the Senate. (5 U.S.C. App., Inspector General Act of 1978, § 11)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Board of Directors
James H. Lambright R07/26/0601/20/09III
( P r e sid e nt/Cha ir )
Linda M. Conlin (ViceR11/21/0401/20/09IV
President/Vice Chair)
J. Max ClelandD12/09/0301/20/07IV
Bijan Rafiekian aR09/29/0601/20/07IV
J. Joseph GrandmaisonD12/20/0101/20/09IV
Inspector General
Vacant bna cIndefinite dIV
na - not applicable
EXIMBANK Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
James H. LambrightRPresidentPhilip Merrill02/13/0607/26/06163
Linda M. ConlinRVice PresidentApril H. Foley06/26/0607/26/0630
J. Joseph GrandmaisonDMemberReappointment06/26/0607/26/0630
Bijan RafiekianRMemberLinda M. Conlin07/21/0609/29/0639
Michael W. Tankersleyna cInspectorNew position b12/05/06Returned 12/09/06
General
Mean number of days to confirm a nomination66
na - not applicable
a. Rafiekian is known as Bijan R. Kian on the EXIMBANK Website [http://www.exim.gov].
b. This position was established by P.L. 107-189, § 22. Tankersley was the first nominee to theth
position. He was later confirmed, in the 110 Congress.
c. The provision establishing the inspector general position does not include requirements with regard
to political affiliation.
d. The position does not have a fixed term. The President may remove an incumbent from office.
During the period covered by this report, the Inspector General Act directed the President to
communicate the reasons for any such removal to both Houses of Congress (5 U.S.C.
Appendix, § 3(b)).



Farm Credit Administration (FCA)
The FCA consists of three members (no more than two may be from the same
political party), who serve six-year terms. A member may not succeed himself or
herself unless he or she was first appointed to complete an unexpired term of three
years or less. A member whose term expires may continue to serve until a successor
takes office. The President designates the chair. (12 U.S.C. § 2242)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Nancy C. Pellett (Chair)R11/14/0205/31/08III
Douglas L. Flory aR08/01/0210/13/06IV
Dallas TonsagerD11/21/0405/21/10IV
FCA Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Leland A. StromRMemberDouglas L. Flory08/01/0612/09/0699
a. The term of the incumbent shown in italics had expired. He continued to serve under the holdover
provision noted above.



Federal Communications Commission (FCC)
The FCC consists of five members (no more than three may be from the same
political party) who serve five-year terms. When a term expires, a member may
continue to serve until the end of the next session of Congress, unless a successor is
appointed before that time. The President designates the chair. (47 U.S.C. § 154)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Kevin J. Martin (Chair)R05/25/0106/30/11III
Michael J. CoppsD05/25/0106/30/10IV
Jonathan S. AdelsteinD11/14/0206/30/08IV
Deborah T. TateR12/21/0506/30/07IV
Robert M. McDowellR05/26/0606/30/09IV
FCC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Michael J. CoppsDMemberReappointment11/09/0512/21/0542
Deborah T. TateRMemberMichael K. Powell11/09/0512/21/0542
Robert M. McDowellRMemberKathleen Q. Abernathy02/06/0605/26/06109
Kevin J. MartinRMemberReappointment04/25/0611/16/06174
Mean number of days to confirm a nomination92



Federal Deposit Insurance Corporation (FDIC),
Board of Directors
The FDIC board of directors consists of five members, of whom two — the
comptroller of the currency and the director of the Office of Thrift Supervision (OTS)
— are ex officio. The three appointed members serve six-year terms. Not more than
three of the members of the board of directors may be from the same political party.
When a term expires, the member may continue to serve until a successor is
appointed. The President appoints the chair and the vice chair, with the advice and
consent of the Senate, from among the appointed officers. The chair is appointed for
a term of five years. (12 U.S.C.§ 1812) The President also appoints the inspector
general, with the advice and consent of the Senate. (5 U.S.C. Appendix, Inspector
General Act of 1978, § 11)
Full-Time Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Board of Directors
Sheila C. Bair (Chair)R06/15/0607/15/13III
Martin J. Gruenberg (ViceD07/29/0512/27/12IV
Cha i r )
Thomas J. CurryI12/09/0312/12/09IV
Inspector General
Jon T. Rymerna a06/22/06Indefinite bIV
na - not applicable
FDIC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Martin J. GruenbergDMemberJohn M. Reich c07/22/0507/29/057
Martin J. GruenbergDMemberReappointment c 07/22/0507/29/057
Martin J. GruenbergDVice Chair John M. Reich c07/22/0507/29/057
Jon T. Rymerna aInspectorGaston L. Gianni Jr.02/14/0606/22/06128
General
Sheila C. BairRMemberDonald E. Powell d05/02/0606/15/0644
Sheila C. BairRMemberReappointment d 05/02/0606/15/0644
Sheila C. BairRChairDonald E. Powell d05/02/0606/15/0644
Mean number of days to confirm a nomination40
na - not applicable



a. The provision establishing the inspector general position does not include requirements with regard
to political affiliation.
b. The position does not have a fixed term. The President may remove an incumbent from office.
During the period covered by this report, the Inspector General Act directed the President to
communicate the reasons for any such removal to both Houses of Congress (5 U.S.C.
Appendix, § 3(b)).
c. The first nomination was to the position formerly held by Reich for the remainder of the term
expiring on December 27, 2006. The second nomination was to the same position for the
succeeding six-year term. The third nomination was to the position of vice chair.
d. The first nomination was to the position formerly held by Powell for the remainder of the term
expiring on July 15, 2007. The second nomination was to the same position for the succeeding
six-year term. The third nomination was to a five-year term as chair.



Federal Election Commission (FEC)
The FEC consists of six members (no more than three may be from the same
political party), who serve six-year terms. When a term expires, a member may
continue to serve until a successor takes office. Persons nominated and appointed to
the FEC after December 31, 1997, are not eligible for reappointment after their terms
expire. (P.L. 105-61, Title 5, sec. 513) The chair and vice chair, from different
political parties and designated by the commission, change each year. Generally, the
vice chair succeeds the chair. (2 U.S.C. § 437c)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
a c
Robert D. Lenhard (Chair)D04/30/11 IV
David M. Mason b (Vice Chair)R07/30/9804/30/04IV
Michael E. TonerR03/18/0304/30/07IV
Ellen L. WeintraubD03/18/0304/30/07IV
a c
Hans von SpakovskyR04/30/11 IV
Steven T. WaltherDa04/30/09 cIV
FEC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
David M. MasonRMemberReappointment12/16/05Returned 12/09/06 d
Steven T. WaltherDMemberScott E. Thomas12/16/05Returned 12/09/06 d
Hans von SpakovskyRMemberBradley A. Smith12/16/05Returned 12/09/06 d
Robert D. LenhardDMemberDanny L. McDonald12/16/05Returned 12/09/06 d
Robert D. LenhardDMemberRecess Appointment 01/04/06 c
Hans von SpakovskyRMemberRecess Appointment 01/04/06 c
Steven T. WaltherDMemberRecess Appointment 01/04/06 c
Steven T. Walther eDMemberScott E. Thomas02/10/06Returned 12/09/06 d
Hans von Spakovsky eRMemberBradley A. Smith02/10/06Returned 12/09/06 d
Robert D. Lenhard eDMemberDanny L. McDonald02/10/06Returned 12/09/06 d
a. None of these commissioners were confirmed, as of the end of the 109th Congress. They were
recess appointees, as shown.
b. The term of the incumbent shown in italics had expired. He continued to serve under the holdover
provision noted above.
c. Lenhard, von Spakovsky, and Walther were recess appointed to positions with terms that were to
expire as shown. Recess appointments are always limited in duration, however, regardless of
the term of office of a particular position. In each of these cases, the incumbent’s recess



appointment expired at the end of the first session of the 110th Congress, prior to the expiration
of the term of the position. th
d. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.
e. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In thisth
case, both nominations were returned to the President at the end of the 109 Congress under the
provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.



Federal Energy Regulatory Commission (FERC)
The FERC, an independent agency within the Department of Energy, consists
of five members (no more than three may be from the same political party), who
serve five-year terms. When a term expires, a member may continue to serve until
a successor takes office, except that such commissioner may not serve beyond the
end of the session of the Congress in which his or her term expires. The President
designates the chair. (42 U.S.C. § 7171)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Joseph T. Kelliher (Chair)R11/07/0306/30/07III
Suedeen G. KellyD11/07/0306/30/09IV
Philip D. MoellerR07/14/0606/30/10IV
Jon WellinghoffD07/14/0606/30/08IV
Marc SpitzerR07/14/0606/30/11IV
FERC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Philip D. MoellerRCommissionerPatrick H. Wood III03/07/0607/14/06129
Jon WellinghoffDCommissionerWilliam L. Massey03/07/0607/14/06129
Marc SpitzerRCommissionerNora M. Brownell06/12/0607/14/0632
Mean number of days to confirm a nomination97



Federal Housing Finance Board (FHFB)23
The FHFB consists of five members, of whom one — the Secretary of Housing
and Urban Development (HUD) or his or her designee — is ex officio. The four
appointed members serve seven-year terms, and no more than three may be from the
same political party. An appointed member whose term expires may continue to
serve until a successor is appointed. The President designates the chair from among24
the appointed members. (12 U.S.C. § 1422a(1))
Full-Time Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Ronald A. Rosenfeld (Chair) aR03/16/0502/27/09III
Allan I. MendelowitzD11/29/0102/27/07IV
Alicia K. CastanedaR12/09/0302/27/11IV
Geoffrey S. BacinoD07/26/0602/27/13IV
FHFB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Ronald A. RosenfeldRDirectorJohn T. Korsmo01/24/0503/16/0551
Geoffrey S. BacinoDDirectorFranz S. Leichter06/16/0607/26/0640
Mean number of days to confirm a nomination46
a. At the end of the 108th Congress, on December 14, 2004, Rosenfeld was recess appointed to the
board. The President designated him as chair. His recess appointment would have expired atth
the end of the first session of the 109 Congress, by which time he had been confirmed as
sho wn.


23 P.L. 110-289, § 1311 (122 Stat. 2797) provided for the abolishment of FHFB, effective
one year from the statute’s July 30, 2008, enactment.
24 P.L. 110-289, § 1204 (122 Stat. 2785) repealed this section, but it was in effect during the
period covered by this report.

Federal Labor Relations Authority (FLRA)
The FLRA consists of three members (no more than two may be from the same
political party), who serve five-year terms. When a term expires, a member may
continue to serve until the end of the next Congress, unless a successor is appointed
before that time. The President designates the chair. The general counsel is also
appointed by the President, with the advice and consent of the Senate. (5 U.S.C. §

7104)


Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Memb ers
Dale Cabaniss (Chair)R11/09/9707/29/07IV
Carol W. Pope aD10/26/00 07/01/04V
b c
Wayne C. BeyerR07/01/10 V
General Counsel
Colleen D. Kikona d10/07/05Five years eV
na - not applicable

FLRA Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Colleen D. Kikona dGeneralPeter Eide06/23/0510/07/0573
Co unse l
Wayne C. BeyerRMemberOthoniel Armendariz06/06/06Returned 12/09/06 f
Wayne C. BeyerRMemberRecess appointment 12/20/06 c
Mean number of days to confirm a nomination73
na - not applicable
a. The term of the incumbent shown in italics had expired. She continued to serve under the holdover
provision noted above.th
b. Beyer had not been confirmed, as of the end of the 109 Congress. He was a recess appointee, as
sho wn.
c. Beyer was recess appointed to a seat with a term that was to expire July 1, 2010. Recess
appointments are always limited in duration, however, regardless of the term of office of a
particular position. In this case, Beyers recess appointment expired at the end of the firstth
session of the 110 Congress, prior to the expiration of the term of the position.
d. The provision establishing the general counsel position does not include requirements with regard
to political affiliation.
e. The general counsel is appointed for a term of five years.th
f. Returned to the President at the end of the 109 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. § 301; Reorganization Plan No. 7 of 1961)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Joseph E. BrennanD11/10/9906/30/08IV
Harold J. Creel, Jr.D08/17/9406/30/09IV
Rebecca F. DyeR11/14/026/30/10IV
A. Paul AndersonR05/05/0406/30/07IV
Vacant 06/30/11 IV
FMC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Rebecca F. DyeRCommissionerReappointment07/12/0507/22/0510



Federal Mine Safety and
Health Review Commission (FMSHRC)
The FMSHRC consists of five members (no political balance is required), who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (30 U.S.C. § 823)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Michael F. Duffy (Chair)na11/19/0208/30/12 aIII
Mary L. Jordanna04/14/94 08/30/08IV
Michael G. Youngna07/31/0308/30/08IV
Vacant 08/30/10 IV
Vacant 08/30/12 IV
na - not applicable
FMSHRC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Arlene HolennaCommissionerRobert H. Beatty Jr.05/23/05Returned 09/29/06 b
Michael F. DuffynaCommissionerReappointment08/01/06Returned 12/09/06 c
Michael F. DuffynaCommissionerRecess Appointment 8/31/06 a
Michael F. Duffy dnaCommissionerReappointment09/07/06Returned 12/09/06 c
Arlene HolennaCommissionerRobert H. Beatty Jr.11/14/06Returned 12/09/06 c
a. Duffy was recess appointed to a seat with a term that was to expire August 30, 2012. Recess
appointments are always limited in duration, however, regardless of the term of office of a
particular position. In this case, Duffys recess appointment expired at the end of the firstth
session of the 110 Congress, prior to the expiration of the term of the position.
b. Returned to the President at the beginning of a 39-day Senate recess under the provisions of Senate
Rule XXXI, paragraph 6 of the Standing Rules of the Senate.th
c. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.
d. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In thisth
case, both nominations were returned to the President at the end of the 109 Congress under the
provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.



Federal Reserve System, Board of Governors (FRS)
The FRS consists of seven members (no political balance is required), who
serve 14-year terms. When a term expires, a member may continue to serve until a
successor takes office. The President appoints the chair and vice chair, who are
separately appointed as members, for four-year terms, with the advice and consent
of the Senate. (12 U.S.C. §§ 241, 242)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Ben S. Bernanke (Chair)na10/24/0301/31/20II
Donald L. Kohn (Vice Chair)na07/31/0201/31/16III
Susan S. Biesna12/06/0101/31/12III
Frederic S. Mishkinna07/26/0601/31/14III
Randall S. Krosznerna02/17/0601/31/08III
Kevin M. Warshna02/17/0601/31/18III
Vacant na01/31/10III
na - not applicable
FRS Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Ben S. BernankenaMemberAlan Greenspan11/01/0501/31/0680
Ben S. BernankenaChairAlan Greenspan11/01/0501/31/0680
Randall S. KrosznernaMemberEdward M. Gramlich01/27/0602/17/0621
Kevin M. WarshnaMemberBen S. Bernanke01/27/0602/17/0621
Donald L. KohnnaVice ChairRoger W. Ferguson Jr.05/18/0606/19/0632
Frederic S. MishkinnaMemberRoger W. Ferguson Jr.06/29/0607/26/0627
Mean number of days to confirm a nomination44
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 at the End of the 109th Congress
Date first TermPay
Incumbent P arty confirmed expires lev e l
Deborah P. Majoras (Chair)R11/21/0409/25/08III
Pamela J. HarbourI07/23/0309/25/09IV
Jonathan D. LeibowitzD11/21/0409/25/10IV
William E. KovacicR12/17/0509/25/11IV
J. Thomas RoschR12/17/0509/25/12IV
FTC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
William E. KovacicRCommissionerOrson Swindle07/28/0512/17/05109
J. Thomas RoschRCommissionerThomas B. Leary09/29/0512/17/0579
Mean number of days to confirm a nomination94



Foreign Claims Settlement Commission (FCSC)
The FCSC, located in the Department of Justice, consists of three members
(political balance is not required), who serve three-year terms. When a term expires,
the member may continue to serve until a successor takes office. Only the chair, who
also is appointed by the President with the advice and consent of the Senate, serves
full-time. (22 U.S.C. §§ 1622, 1622c)
Full-Time Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Mauricio J. Tamargo (Chair)na01/25/0209/30/09V
na - not applicable
FCSC Appointment Action in the 109th Congress a
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Mauricio J. TamargonaChairReappointment02/06/0603/13/0635
na - not applicable
a. Nominations for part-time positions at the Foreign Claims Settlement Commission also occurredth
during the 109 Congress. This report covers only full-time positions; 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, unless a successor is appointed before that time. The
President appoints the chair, with the advice and consent of the Senate, and
designates the vice chair. (5 U.S.C. §§ 1201-1203)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Neil A. G. McPhie (Chair)R11/21/0403/01/09III
Mary M. Rose (Vice Chair)R12/17/0503/01/11IV
Barbara J. SapinD11/21/0403/01/07IV
MSPB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Mary M. RoseRMemberSusanne T. Marshall06/23/0512/17/05144



National Credit Union Administration,
Board of Directors (NCUA)
The NCUA consists of three members (no more than two members may be from
the same political party), who serve six-year terms. When a term expires, a member
may continue to serve until a successor takes office. The President designates the
chair. (12 U.S.C. § 1752a)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
JoAnn M. Johnson (Chair)R03/22/0208/02/07III
Rodney E. HoodR11/07/0504/10/09IV
Gigi HylandD11/07/0508/02/11IV
NCUA Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Rodney E. HoodRMemberDennis Dollar05/09/0511/07/05149
Gigi HylandDMemberDeborah Matz09/29/0511/07/0539
Mean number of days to confirm a nomination94



National Labor Relations Board (NLRB)
The NLRB consists of five members, who serve five-year terms. Political
balance is not required, but, by tradition, no more than three members are from the
same political party. When a term expires, the member must leave office. The
President designates the chair. The President also appoints the general counsel, with
the advice and consent of the Senate. (29 U.S.C. § 153)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Board
Robert J. Battista (Chair)R11/14/0212/16/07III
Peter C. SchaumberR11/14/0208/27/10IV
Wilma B. LiebmanD11/14/0208/27/11IV
a b
Peter KirsanowR08/27/08 IV
a b
Dennis P. WalshD12/16/09 IV
General Counsel
Ronald E. Meisburgna c08/03/0608/13/10IV
na - not applicable
NLRB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Ronald E. MeisburgRMemberRene Acosta01/24/05Withdrawn 06/29/05
Dennis P. WalshDMemberReappointment04/27/05Returned 12/09/06 d
Ronald E. Meisburgna cGeneralArthur F. Rosenfeld06/29/0508/03/06356
Counsel
Peter C. SchaumberRMemberReappointment06/29/0508/03/06356
Peter C. SchaumberRMemberRecess Appointment 08/31/05 e
Peter C. Schaumber fRMemberReappointment09/19/0508/03/06307
Peter N. KirsanowRMemberRonald E. Meisburg11/16/05Returned 12/09/06 d
Ronald E. Meisburgna cGeneralRecess Appointment 01/04/06 g
Counsel
Peter N. KirsanowRMemberRecess Appointment 01/04/06 b
Dennis P. WalshDMemberRecess Appointment 01/17/06 b
Dennis P. Walsh hDMemberReappointment02/10/06Returned 12/09/06 d
Ronald E. Meisburg ina cGeneralArthur F. Rosenfeld02/10/06Returned 12/09/06 d


Co unse l

Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Peter N. Kirsanow hDMemberRonald E. Meisburg02/10/06Returned 12/09/06 d
Wilma B. LiebmanDMemberReappointment08/01/0608/03/062
Mean number of days to confirm a nomination255
na - not applicableth
a. Neither of these board members was confirmed, as of the end of the 109 Congress. They were
recess appointees, as shown.
b. Kirsanow and Walsh were recess appointed to positions with terms that were to expire as shown.
Recess appointments are always limited in duration, however, regardless of the term of office
of a particular position. In each of these cases, the incumbent’s recess appointment expired atth
the end of the first session of the 110 Congress, prior to the expiration of the term of the
position.
c. The provision establishing the general counsel position does not include requirements with regard
to political affiliation.th
d. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.th
e. Schaumbers recess appointment would have expired at the end of the 109 Congress, by which
time he had been confirmed, as shown.
f. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In this
case, both nominations, to the same term of the same position, were confirmed.th
g. Meisburgs recess appointment would have expired at the end of the first session of the 110
Congress, by which time he had been confirmed, as shown.
h. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In thisth
case, both nominations were returned to the President at the end of the 109 Congress under the
provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.
i. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In this
case, the original nomination was confirmed, and the duplicate nomination was returned to theth
President at the end of the 109 Congress under the provisions of Senate Rule XXXI, paragraph
6 of the Standing Rules of the Senate.



National Mediation Board (NMB)
The board consists of three members (no more than two may be from the same
political party), who serve three-year terms. When a term expires, the member may
continue to serve until a successor takes office. The board annually designates a
chair. (45 U.S.C. § 154)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Elizabeth Dougherty (Chair)R12/09/0607/01/10III
Harry R. HoglanderD08/01/0207/01/08IV
Read Van de Water aR12/03/0307/01/06IV
NMB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Harry R. HoglanderDMemberReappointment03/27/0612/09/06226
Peter W. Tredick bRMemberEdward Fitzmaurice Jr.03/27/06Withdrawn 11/14/06
Elizabeth Dougherty cRMember Read Van de Water05/25/06Withdrawn 11/14/06
Peter W. Tredick bRMemberReappointment07/18/06Withdrawn 11/14/06
Elizabeth Dougherty cRMember Edward Fitzmaurice Jr.11/14/0612/09/0625
Elizabeth Dougherty cRMember Reappointment11/14/0612/09/0625
Peter W. Tredick bRMemberRead Van de Water11/14/06Returned 12/09/06 d
Mean number of days to confirm a nomination92
a. The term of the incumbent shown in italics had expired. She continued to serve under the holdover
provision noted above.
b. Tredicks first nomination (withdrawn) was to the position formerly held by Fitzmaurice for a term
expiring July 1, 2007. The second nomination (withdrawn) was to the same position for the
succeeding three-year term, expiring July 1, 2010. The third nomination (returned to the
President) was to the position held by Van de Water, for a term expiring July 1, 2009.
c. Doughertys first nomination (withdrawn) was to the position held by Van de Water, for a term
expiring July 1, 2009. The second nomination (confirmed) was to the position formerly held
by Fitzmaurice for a term expiring July 1, 2007. The third nomination (confirmed) was to the
same position for the succeeding three-year term, expiring July 1, 2010. th
d. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.



National Transportation Safety Board (NTSB)
The NTSB consists of five members (no more than three may be from the same
political party), who serve five-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President appoints the chair,
from among the members, for a two-year term, with the advice and consent of the
Senate, and designates the vice chair. (49 U.S.C. § 1111)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Mark V. Rosenker (Chair)R03/19/0312/31/10III
Robert L. Sumwalt III (ViceR08/03/0612/31/11IV
Cha i r )
Deborah A. P. HersmanD03/02/0412/31/08IV
Kathryn O. HigginsD12/17/0512/31/09IV
Steven R. ChealanderR12/09/0612/31/07IV
NTSB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Mark V. RosenkerRMemberReappointment04/04/0512/17/05224
Ellen G. EnglemanaRChairReappointment04/04/05Withdrawn 12/13/05
(Conners)
Kathryn O. HigginsDMemberCarol J. Carmody07/28/0512/17/05109
Mark V. RosenkerRChairEllen G. Englemana04/24/0608/03/06101
(Conners)
Robert L. Sumwalt III bRMemberRichard F. Healing06/06/0608/03/0658
Robert L. Sumwalt III bRMemberReappointment06/06/0608/03/0658
Steven R. ChealanderRMemberEllen G. Englemana09/21/0612/09/0679
(Conners)
Mean number of days to confirm a nomination105
a. The surname of this nominee is shown in various forms in the nominations database. It is shown
in this way consistently in this report for clarity.
b. The first nomination was to the position formerly held by Healing for the remainder of the term
expiring on December 31, 2006. The second nomination was to the same position for the
succeeding five-year term.



Nuclear Regulatory Commission (NRC)
The NRC consists of five members (no more than three may be from the same
political party), who serve five-year terms. When a term expires, the member must
leave office. The President designates the chair. The President also appoints the
inspector general, with the advice and consent of the Senate. (42 U.S.C. § 5841 and

5 U.S.C. Appendix 3)


Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Co mmissio n e rs
Dale E. Klein (Chair)R05/26/0606/30/11II
Edward McGaffigan Jr.D08/02/9606/30/10III
Jeffrey S. MerrifieldR10/21/9806/30/07III
Gregory B. JaczkoD05/26/0606/30/08III
Peter B. LyonsR05/26/0606/30/09III
Inspector General
Hubert T. Bellna a06/11/96Indefinite bIV
na-not applicable
NRC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Albert H. KonetziRMemberRichard A. Meserve01/04/05Withdrawn 07/29/05
Gregory B. JaczkoDMemberGreta J. Dicus01/04/0505/26/06463
Gregory B. JaczkoDMemberRecess Appointment 01/19/05 c
Peter B. LyonsRMemberRecess Appointment 01/19/05 c
Gregory B. Jaczko dDMemberGreta J. Dicus02/14/0505/26/06422
Peter B. LyonsRMemberRichard A. Meserve02/14/0505/26/06422
Edward McGaffigan Jr.DMemberReappointment07/28/0510/07/0538
Dale KleinRMemberNils J. Diaz04/27/0605/26/0629
Mean number of days to confirm a nomination275
a. The provision establishing the inspector general position does not include requirements with regard
to political affiliation.
b. The position does not have a fixed term. The President may remove an incumbent from office.
During the period covered by this report, the Inspector General Act directed the President to
communicate the reasons for any such removal to both Houses of Congress (5 U.S.C.
Appendix, § 3(b)).



c. Jaczko’s and Lyonss recess appointments would have expired at the end of the 109th Congress, by
which time they had been confirmed.
d. When a recess appointment is made, the President generally submits a new nomination for the
nominee, even when an old nomination is pending, in compliance with 5 U.S.C. § 5503. In
Jaczko’s case, both nominations were confirmed.



Occupational Safety and
Health Review Commission (OSHRC)
The OSHRC consists of three members (political balance is not required), who
serve six-year terms. When a term expires, the member must leave office. The
President designates the chair. (29 U.S.C. § 661)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
W. Scott Railton (Chair)na07/31/0304/27/07III
Thomasina Rogersna07/31/0304/27/09IV
Horace A. Thompson IIIna05/19/0604/27/11IV
na-not applicable
OSHRC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Horace A. ThompsonnaMemberJames M. Stephens09/28/0505/19/06222
III
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, unless a successor is appointed before that time. The
President designates the chair. The commissioners designate the vice chair. (39
U.S.C. § 3601)
[The Postal Rate Commission became the Postal Regulatory Commission, as
provided in Section 604 of P. L. 109-435, the Postal Accountability and
Enhancement Act, enacted on December 20, 2006.]
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
George A. Omas a (Chair)R06/11/9710/14/06III
Dawn A. Tisdale a (ViceD11/21/0411/22/06IV
Cha i r )
Tony HammondR11/12/0210/14/10IV
Ruth Y. Goldway D11/12/0211/22/08IV
Mark D. ActonR08/03/0610/14/10IV
Dan G. Blair bR12/09/0610/14/12IV
PRC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Tony HammondRCommissionerReappointment01/24/0505/26/05122
Mark D. ActonRCommissionerDana B. Covington Sr.11/07/0508/03/06258
Dan G. BlairRCommissionerGeorge A. Omas11/13/0612/09/0626
Mean number of days to confirm a nomination135
a. The terms of the incumbents shown in italics had expired. They continued to serve under the
holdover provision noted above.
b. Blair was designated chair on December 15, 2006.



Railroad Retirement Board (RRB)
The board consists of three members (political balance is not required), who
serve five-year terms. When a term expires, the member may continue to serve until
a successor takes office. The President appoints the chair, and an inspector general,
with the advice and consent of the Senate. (45 U.S.C. § 231f and 5 U.S.C. Appendix

3)


Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Board
Michael S. Schwartz (Chair; na05/23/0308/28/07III
Memb er-at-Large)
Virgil M. Speakman Jr. ana08/12/9208/28/04IV
(Labor Member)
Jerome F. Kever ana05/24/0008/28/03IV
(Management Member)
Inspector General
Martin J. Dickmanna10/08/94Indefinite bIV
na - not applicable
a. The terms of the incumbents shown in italics had expired. They continued to serve under the
holdover provision noted above.
b. This position does not have a fixed term. The President may remove an incumbent from office.
During the period covered by this report, the Inspector General Act directed the President to
communicate the reasons for any such removal to both Houses of Congress (5 U.S.C.
Appendix, § 3(b)).
No RRB Appointment Action in the 109th Congress



Securities and Exchange Commission (SEC)
The commission consists of five members (no more than three may be from the
same political party), who serve five-year terms. When a term expires, the member
may continue to serve until the end of the next session of Congress, unless a
successor is appointed before that time. The President designates the chair. (15
U.S.C. § 78d)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Christopher Cox (Chair)R07/29/0506/05/09III
Paul S. AtkinsR07/25/0206/05/08IV
Roel C. CamposD07/25/0206/05/10IV
Annette L. NazarethD07/29/0506/05/07IV
Kathleen L. CaseyR06/15/0606/05/11IV
SEC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Christopher CoxRMemberHarvey J. Goldschmid06/30/0507/29/0529
Roel C. CamposDMemberReappointment07/22/0507/29/057
Annette L. NazarethDMemberWilliam H. Donaldson 07/22/0507/29/057
Kathleen L. CaseyRMemberCynthia A. Glassman05/18/0606/15/0628
Mean number of days to confirm a nomination18



Surface Transportation Board (STB)
The STB, located within the Department of Transportation, consists of three
members (no more than two may be from the same political party), who serve five-
year terms. When a term expires, the member may continue to serve until a
successor takes office, but not for more than one year after expiration. The President
designates the chair. (49 U.S.C. § 701)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Charles D. NottinghamR08/03/0612/31/10III
(Chair)
Francis P. Mulvey (ViceD05/21/0412/31/07IV
Cha i r )
W. Douglas ButtreyR05/21/0412/31/08IV
STB Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Charles D. NottinghamRMemberRoger P. Nober06/05/06 08/03/0659



United States International Trade Commission
(USITC)
The USITC consists of six members (no more than three may be from the same
political party), who serve nine-year terms. When a term expires, a member may
continue to serve until a successor takes office. The President designates the chair
and vice chair for two-year terms of office, but they may neither belong to the same
political party nor be the two most recently appointed members of the commission.
A new chair may not belong to the same political party as the chair being replaced,
unless the replacement is to complete an unexpired term. (19 U.S.C. § 1330)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Daniel R. Pearson (Chair)R11/21/0406/16/11III
Shara L. Aranoff (Vice Chair)D07/29/0512/16/12IV
Jennifer A. HillmanD07/30/9812/16/06IV
Stephen Koplan aD07/30/9806/16/05IV
Deanna T. OkunR11/19/9906/16/08IV
Charlotte R. LaneR11/21/0412/16/09IV
USITC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
Shara L. AranoffDMemberMarcia E. Miller04/27/0507/29/0593
Dean A. PinkertDMemberJennifer A. Hillman09/07/06Returned 12/09/06 b
Irving A. WilliamsonDMemberStephen Koplan09/07/06Returned 12/09/06 b
a. The term of the incumbent shown in italics had expired. He continued to serve under the holdover
provision noted above.th
b. Returned to the President at the end of the 109 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, but no commissioner may serve more than 12 years. The
President designates the chair. (18 U.S.C. § 4202) The commission was previously
scheduled to be phased out, but its life has been extended several times by Congress.
Under P.L. 110-312, § 2 (122 Stat. 3013), it was extended until November 1, 2011.
(18 U.S.C. § 4202)
Membership at the End of the 109th Congress
Date first TermPay
IncumbentPartyconfirmed expireslevel
Edward F. Reilly, Jr. (Chair)na08/12/91IV
For all positions,
6 years fromCranston J. Mitchell (Vicena03/06/03V
appointment orChair)
whenDeborah Ann Spagnolina11/21/04V
commission is
phased outIsaac Fulwood, Jr.na11/21/04V
Patricia Cushwana11/21/04V
na - not applicable
No USPC Appointment Action in the 109th Congress



United States Sentencing Commission (USSC)
The USSC consists of seven voting members, who are appointed to six-year
terms. Only the chair and three vice chairs, selected from among the members, serve
full-time. The President appoints the chair, with the advice and consent of the Senate,
and designates the vice chairs. No more than three members may be federal judges,
and no more than four may be of the same political party. No more than two vice
chairs may be of the same political party. No voting member may serve more than
two full terms. When a term expires, an incumbent may continue to serve until he or
she is reappointed, a successor takes office, or Congress adjourns sine die at the end
of the session that commences after the expiration of the term, whichever is earliest.
The Attorney General (or designee) serves ex officio. (28 U.S.C. § 991-992) The
chair of the United State Parole Commission is also an ex officio member of the
commission. (18 U.S.C. § 3551 note)
Full-Tme Membership as of December 9, 2006
Date first TermPay
IncumbentPartyconfirmed expireslevel
Ricardo Hinojosa (Chair)R11/21/0410/31/07Same as
rate fora
federalRuben Castillo (Vice Chair)11/10/9910/31/09
appealsWilliam K. Sessions III (ViceD11/10/9910/31/09
cour tCha i r )
judges
John R. Steer b (Vice Chair)R11/10/9910/31/05
USSC Appointment Action in the 109th Congress
Nominee/recessDateDateDays to
appointeePartyPositionTo replacenominatedconfirmedconfirm
John R. SteerRCommissionerReappointment12/06/06Returned 12/09/06 c
John R. SteerRCommissionerRecess appointment 12/12/06 b
a. Party balance is statutorily required, as discussed above, but the commission staff does not collect
this information. For this member, alternative sources of information could not be located.
b. The term of the incumbent shown in italics had expired. Because his term expired during the firstth
session of the 109 Congress, he would have been able to continue to serve until the sine die
adjournment of Congress at the end of the second session under the holdover provision noted
above. The House and Senate each adjourned sine die on Friday, December 8, 2006. The
President recess appointed Steer to a succeeding term in the same position on Tuesday,
December 12, 2006, as shown, and he designated Steer as a vice chair. This term as
commissioner was to expire on October 31, 2011. Recess appointments are always limited in
duration, however, regardless of the term of office of a particular position. In this case, theth
incumbents recess appointment expired at the end of the first session of the 110 Congress,
prior to the expiration of the term of the position. th
c. Returned to the President at the end of the 109 Congress under the provisions of Senate Rule
XXXI, paragraph 6 of the Standing Rules of the Senate.



Appendix A. Nominations and Appointments to
Regulatory and Other Collegial Boards and
Commissions, 109th Congress
Board/aNomination ConfirmationDays to
Nominee/recess appointeeCommission datedateconfirm
Mark D. ActonPRC11/07/0508/03/06258
Shara L. AranoffUSITC04/27/0507/29/0593
Geoffrey S. BacinoFHFB06/16/0607/26/0640
Sheila C. Bair (Member)FDIC05/02/0606/15/0644
Sheila C. Bair (Member)FDIC05/02/0606/15/0644
Sheila C. Bair (Chair)FDIC05/02/0606/15/0644
Ben S. Bernanke (Member) FRS11/01/0501/31/0680
Ben S. Bernanke (Chair)FRS11/01/0501/31/0680
Wayne C. BeyerFLRA06/06/06Returned 12/09/06
Wayne C. BeyerFLRARecess appointment 12/20/06
Dan G. BlairPRC11/13/0612/09/0626
Larry W. BrownDNFSB09/05/0609/29/0624
Roel C. CamposSEC07/22/0507/29/057
Kathleen L. CaseySEC05/18/0606/15/0628
Steven R. ChealanderNTSB09/21/0612/09/0679
Linda M. ConlinEXIMBANK06/26/0607/26/0630
Ronald S. CooperEEOC03/27/0607/26/06121
Michael J. CoppsFCC11/09/0512/21/0542
Christopher CoxSEC06/30/0507/29/0529
Donetta DavidsonEAC07/21/0507/28/057
Elizabeth DoughertyNMB05/25/06Withdrawn 11/14/06
Elizabeth DoughertyNMB11/14/0612/09/0625
Elizabeth DoughertyNMB11/14/0612/09/0625
Michael F. DuffyFMSHRC08/01/06Returned 12/09/06
Michael F. DuffyFMSHRCRecess Appointment 8/31/06
Michael F. DuffyFMSHRC09/07/06Returned 12/09/06
Michael V. DunnCFTC06/16/0608/03/0648
Rebecca F. DyeFMC07/12/0507/22/0510



Board/aNomination ConfirmationDays to
Nominee/recess appointeeCommission datedateconfirm
Naomi C. EarpEEOC07/29/0510/21/0551
Andrew J. EggenbergerDNFSB06/29/0512/09/06453
Ellen G. Engleman (Conners)NTSB04/04/05Withdrawn 12/13/05
J. Joseph GrandmaisonEXIMBANK06/26/0607/26/0630
Christine M. GriffinEEOC07/28/0510/21/0552
Martin J. Gruenberg (Member)FDIC07/22/0507/29/057
Martin J. Gruenberg (Member)FDIC07/22/0507/29/057
Martin J. Gruenberg (Vice Chair)FDIC07/22/0507/29/057
Tony HammondPRC01/24/0505/26/05122
Kathryn O. HigginsNTSB07/28/0512/17/05109
Harry R. HoglanderNMB03/27/0612/09/06226
Arlene HolenFMSHRC05/23/05Returned 09/29/06
Arlene HolenFMSHRC11/14/06Returned 12/09/06
Rodney E. HoodNCUA05/09/0511/07/05149
Caroline C. HunterEAC09/15/06Returned 12/09/06
Gigi HylandNCUA09/29/0511/07/0539
Gregory B. JaczkoNRC01/04/0505/26/06463
Gregory B. JaczkoNRCRecess Appointment 01/19/05
Gregory B. JaczkoNRC02/14/0505/26/06422
Reuben Jeffery III (Commissioner)CFTC05/17/0506/30/0544
Reuben Jeffery III (Chair)CFTC05/17/0506/30/0544
Colleen D. KikoFLRA06/23/0510/07/0573
Peter N. KirsanowNLRB11/16/05Returned 12/09/06
Peter N. KirsanowNLRBRecess Appointment 01/04/06
Peter N. KirsanowNLRB02/10/06Returned 12/09/06
Dale KleinNRC04/27/0605/26/0629
Donald L. Kohn (Vice Chair)FRS05/18/0606/19/0632
Albert H. KonetziNRC01/04/05Withdrawn 07/29/05
William E. KovacicFTC07/28/0512/17/05109
Randall S. KrosznerFRS01/27/0602/17/0621
James H. LambrightEXIMBANK02/13/0607/26/06163



Board/aNomination ConfirmationDays to
Nominee/recess appointeeCommission datedateconfirm
Robert D. LenhardFEC12/16/05Returned 12/09/06
Robert D. LenhardFECRecess Appointment 01/04/06
Robert D. LenhardFEC02/10/06Returned 12/09/06
Wilma B. LiebmanNLRB08/01/0608/03/062
Walter LukkenCFTC05/25/0506/30/0536
Peter B. LyonsNRCRecess Appointment 01/19/05
Peter B. LyonsNRC02/14/0505/26/06422
John E. MansfieldDNFSB09/05/0609/29/0624
Kevin J. MartinFCC04/25/0611/16/06174
David M. MasonFEC12/16/05Returned 12/09/06
Robert M. McDowellFCC02/06/0605/26/06109
Edward McGaffigan Jr.NRC07/28/0510/07/0538
Ronald E. Meisburg (Member)NLRB01/24/05Withdrawn 06/29/05
Ronald E. Meisburg (GeneralNLRB06/29/0508/03/06356
Co unse l )
Ronald E. Meisburg (GeneralNLRBRecess Appointment 01/04/06
Co unse l )
Ronald E. Meisburg (GeneralNLRB02/10/06Returned 12/09/06
Co unse l )
Frederic S. MishkinFRS06/29/0607/26/0627
Philip D. MoellerFERC03/07/0607/14/06129
Annette L. NazarethSEC07/22/0507/29/057
Nancy A. NordCPSC02/28/0504/28/0559
Nancy A. NordCPSC02/28/0504/28/0559
Charles D. NottinghamSTB06/05/0608/03/0659
David PalmerEEOC09/15/06Returned 12/09/06
Dean A. PinkertUSITC09/07/06Returned 12/09/06
Bijan RafiekianEXIMBANK07/21/0609/29/0639
Rosemary E. RodriguezEAC12/06/06Returned 12/09/06
J. Thomas RoschFTC09/29/0512/17/0579
Mary M. RoseMSPB06/23/0512/17/05144
Ronald A. RosenfeldFHFB01/24/0503/16/0551
Mark V. Rosenker (Member)NTSB04/04/0512/17/05224



Board/aNomination ConfirmationDays to
Nominee/recess appointeeCommission datedateconfirm
Mark V. Rosenker (Chair)NTSB04/24/0608/03/06101
Jon T. RymerFDIC02/14/0606/22/06128
Peter C. SchaumberNLRB06/29/0508/03/06356
Peter C. SchaumberNLRBRecess Appointment 08/31/05
Peter C. SchaumberNLRB09/19/0508/03/06307
Jill E. SommersCFTC12/05/06Returned 12/09/06
Marc SpitzerFERC06/12/0607/14/0632
John R. SteerUSSC12/06/06Returned 12/09/06
John R. SteerUSSCRecess Appointment 12/12/06
Leland A. StromFCA08/01/0612/09/0699
Robert L. Sumwalt IIINTSB06/06/0608/03/0658
Robert L. Sumwalt IIINTSB06/06/0608/03/0658
Mauricio J. TamargoFCSC02/06/0603/13/0635
Michael W. TankersleyEXIMBANK12/05/06Returned 12/09/06
Deborah T. TateFCC11/09/0512/21/0542
Horace A. Thompson IIIOSHRC09/28/0505/19/06222
Peter W. TredickNMB03/27/06Withdrawn 11/14/06
Peter W. TredickNMB07/18/06Withdrawn 11/14/06
Peter W. TredickNMB11/14/06Returned 12/09/06
Hans von SpakovskyFEC12/16/05Returned 12/09/06
Hans von SpakovskyFECRecess Appointment 01/04/06
Hans von SpakovskyFEC02/10/06Returned 12/09/06
Dennis P. WalshNLRB04/27/05Returned 12/09/06
Dennis P. WalshNLRBRecess Appointment 01/17/06
Dennis P. WalshNLRB02/10/06Returned 12/09/06
Steven T. WaltherFEC12/16/05Returned 12/09/06
Steven T. WaltherFECRecess Appointment 01/04/06
Steven T. WaltherFEC02/10/06Returned 12/09/06
William B. WarkCSB06/26/0609/15/0650
Kevin M. WarshFRS01/27/0602/17/0621
Jon WellinghoffFERC03/07/0607/14/06129



Board/aNomination ConfirmationDays to
Nominee/recess appointeeCommission datedateconfirm
Irving A. WilliamsonUSITC09/07/06Returned 12/09/06
Peter S. WinokurDNFSB09/05/0609/29/0624
William E. WrightCSB06/26/0609/15/0650
Mean number of days to confirm96
Median number of days to confirm50
a. The key to agency acronyms may be found in Appendix D.



CRS-53
ppendix B. Appointment Action, Regulatory and Other Collegial Boards and Commissions,
109th Congress
Positions Recess
Incumbentto whichappoint-
TotalVacant bserving; termNominationsIndividualnominationsNominationsNominationsNominationsments
aPositionspositionsexpired bsubmittednomineeswere made cconfirmedReturnedWithdrawn(Bush)
B 500 222 2 0 0 0
C 5 1 0 5 4 5 * 4 1 0 0
iki/CRS-RL34744S 3 211 2 0
g/w5 0 0 4 4 4 4 0 0 0
s.or
leakC 412 333 1 2
://wiki6 1 0 4 4 4 3 1 0 0
httpIMBANK 555 4
301 111 1 0 0 0
5 0 444 4
C 4 0 0 7 3 5 * 7 0 0 0
6 1 744 0 7 3
RC 500 333 3 0 0 0
4 0 0 2 2 2 2 0 0 0
RA 1 222 1 1 1



CRS-54
Positions Recess
Incumbentto whichappoint-
TotalVacant bserving; termNominationsIndividualnominationsNominationsNominationsNominationsments
aPositionspositionsexpired bsubmittednomineeswere made cconfirmedReturnedWithdrawn(Bush)
C 510 111 1 0 0 0
5 2 0 4 2 2 0 4 0 1
7 1 0 6 5 6 * 6 0 0 0
C 50 222 2
1 0 0 1 1 1 1 0 0 0
iki/CRS-RL34744SPB3 111
g/w
s.orUA 3 0 0 2 2 2 2 0 0 0
leakRB 6 0 0 1 0 5 5 4 5 1 4
://wiki3 1 733 3 1 3 0
httpSB 5 0 0 7 5 5 * 6 0 1 0
C 6 654 5 2
C 3 0 0 1 1 1 1 0 0 0
6 2 333 3
4 0 2 0 0 0 0 0 0 0
C 5 0 444 4
B 30 111 1 0 0 0
IC6 1 333 2



CRS-55
Positions Recess
Incumbentto whichappoint-
TotalVacant bserving; termNominationsIndividualnominationsNominationsNominationsNominationsments
aPositionspositionsexpired bsubmittednomineeswere made cconfirmedReturnedWithdrawn(Bush)
PC 500 000 0 0 0 0
4 0 1 1 1 1 0 1 0 1
TALS 152 11 12 111 87 90 79 26 6 12
list of abbreviations may be found in Appendix D.th
s of the end of the 109 Congress.
iki/CRS-RL34744or some agencies, appointment of an individual to be chair requires two separate nominations: one to be a member and the other to be chair. This column counts such instances
g/was two positions to which nominations were made. For those agencies in which members have fixed terms, a single individual may be nominated for successive terms in a single
s.ormembership seat. This column counts such instances as one position to which a nomination was made.


leak
://wiki
http

Appendix C. Senate Intersession Recesses,
Intrasession Recesses of Four or More Days, and
Numbers of Recess Appointments to Positions on
Regulatory and Other Collegial Boards and
Commissions, 109th Congress
Number of recess
Number of daysaappointments to
Date recessedDate reconvenedrecessed specified positions
The first session of 109th Congress convened on 01/04/05.
01/06/05 01/20/05 13 2
01/26/05 01/31/05 4 0
02/18/05 02/28/05 9 0
03/20/05 04/04/05 14 0
04/29/05 05/09/05 9 0
05/26/05 06/06/05 10 0
07/01/05 07/11/05 9 0
07/29/05 09/01/05 33 1
09/01/05 09/06/05 4 0
10/07/05 10/17/05 9 0
11/18/05 12/12/05 23 0
The Senate adjourned sine die on 12/22/05. The second session of theth0
109 Congress convened on 01/03/06. The intersession (perioda
between these two dates) was 11 days long.
01/03/06 01/18/06 14 6
02/17/06 02/27/06 9 0
03/16/06 03/27/06 10 0
04/07/06 04/24/06 16 0
05/26/06 06/05/06 9 0
06/29/06 07/10/06 10 0
08/04/06 09/05/06 31 1
09/30/06 11/09/06 39 0
11/16/06 12/04/06 17 0
The Senate adjourned sine die on 12/09/06. The first session of theth2


110 Congress convened on 01/04/07. The intersession (perioda
between these two dates) was 25 days long.

Notes: Includes all recesses of four days or longer as indicated in the Senate “Days-in-Session
Calendars website at [http://thomas.loc.gov/home/ds/index.html#senate], accessed May 5, 2008.
a. he entries for the number of days adjourned include all days between the day the Senate adjourned
and the day it reconvened. They do not include the days of adjournment or reconvening because
the Senate is able to act on nominations on these days.



Appendix D. Board/Commission Abbreviations
CSBChemical Safety and Hazard Investigation Board
CFTCCommodity Futures Trading Commission
CPSCConsumer Product Safety Commission
DNFSBDefense Nuclear Facilities Safety Board
EACElection 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
USITCUnited States International Trade Commission
USPCUnited States Parole Commission
USSCUnited States Sentencing Commission