Presidential Appointments to Full-Time Positions on Regulatory and Other Collegial Boards and Commissions, 110th Congress

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Presidential Appointments to Full-Time

Positions on Regulatory and Other Collegial

Boards and Commissions, 110th Congress

(name redacted)

Analyst in American National Government

Maureen Bearden

Information Research Specialist

October 25, 2010

Congressional Research Service

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www.crs.gov

R41463

CRS Report for Congress

Prepared for Members and Committees of Congress

Presidential Appointments to Boards and Commissions, 110th Congress

Summary

The President makes appointments, with the advice and consent of the Senate, to some 152 fulltime leadership positions on 34 federal regulatory and other collegial boards and commissions.

This appointment process consists of three distinct stages: selection, clearance, and nomination by

the President; consideration by the Senate; and appointment by the President. These advice and

consent positions can also temporarily be filled by the President alone through a recess

appointment. Membership positions on this set of collegial bodies often have fixed terms, and

incumbents are often protected from arbitrary removal by the President. The enabling statutes for

most of these boards and commissions require political party balance in their membership.

During the 110th Congress, President George W. Bush submitted nominations to the Senate for 74

of these 152 positions. (Most of the remaining positions on these boards and commissions were

not vacant during that time.) A total of 88 nominations were submitted, of which 46 were

confirmed, 15 were withdrawn, and 27 were returned to the President.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 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. President Bush made one recess appointment to a board covered by this

report during the 110th Congress, and he submitted an “extra” nomination of that individual in

order to comply with a law affecting the payment of that appointee. At the end of the 110th

Congress, 15 incumbents were serving past the expiration of their terms. In addition, there were

22 vacancies among the 152 positions.

This report specifies, for the 110th Congress, all nominations to full-time positions on 34

regulatory and other collegial boards and commissions. Profiles of each board and commission

provide information on their organizational structures, membership as of the end of the 110th

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 34 bodies, and identifying

Senate recesses during the 110th Congress.

The calculations of nomination-to-confirmation intervals provided in this report counted all the

days within the interval, including those during summer recesses and between sessions of the

Senate. The inclusion of all days differs from the methodology used in similar CRS reports for

previous Congresses. The new methodology takes into consideration changes in Senate

adjournment practices and is consistent with published research in this area. This change may

reduce the comparability of statistics in this report with those of the earlier research.

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 2008 edition of United States

Government Policy and Supporting Positions (more commonly known as the “Plum Book”).

This report will not be updated.

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Presidential Appointments to Boards and Commissions, 110th Congress

Contents

Introduction ................................................................................................................................1

The Appointment Process for PAS Positions..........................................................................1

Selection, Clearance, and Nomination .............................................................................1

Senate Consideration.......................................................................................................3

Appointment ...................................................................................................................4

Recess Appointments ............................................................................................................4

Characterization of Regulatory and Other Collegial Bodies ...................................................6

Appointments During the 110th Congress ..............................................................................7

Length of Time to Confirm a Nomination..............................................................................8

A Change in Methodology From Previous Tracking Reports............................................8

Organization of the Report ....................................................................................................9

Board and Commission Profiles ......................................................................................9

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 Board of Directors (EXIMBANK) ............................................................ 17

Farm Credit Administration (FCA)............................................................................................ 18

Federal Communications Commission (FCC)............................................................................ 19

Federal Deposit Insurance Corporation Board of Directors (FDIC)............................................ 20

Federal Election Commission (FEC) ......................................................................................... 21

Federal Energy Regulatory Commission (FERC)....................................................................... 22

Federal Housing Finance Board (FHFB) ................................................................................... 23

Federal Labor Relations Authority (FLRA) ............................................................................... 24

Federal Maritime Commission (FMC)....................................................................................... 25

Federal Mine Safety and Health Review Commission (FMSHRC) ............................................ 26

Federal Reserve System Board of Governors (FRS) .................................................................. 27

Federal Trade Commission (FTC) ............................................................................................. 28

Foreign Claims Settlement Commission (FCSC) ....................................................................... 29

Merit Systems Protection Board (MSPB) .................................................................................. 30

National Credit Union Administration Board of Directors (NCUA) ........................................... 31

National Labor Relations Board (NLRB)................................................................................... 32

National Mediation Board (NMB)............................................................................................. 33

National Transportation Safety Board (NTSB) .......................................................................... 34

Nuclear Regulatory Commission (NRC).................................................................................... 35

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Occupational Safety and Health Review Commission (OSHRC) ............................................... 36

Postal Regulatory Commission (PRC)....................................................................................... 37

Privacy and Civil Liberties Oversight Board (PCLOB).............................................................. 38

Railroad Retirement Board (RRB)............................................................................................. 39

Securities and Exchange Commission (SEC)............................................................................. 40

Surface Transportation Board (STB) ......................................................................................... 41

United States International Trade Commission (USITC)............................................................ 42

United States Parole Commission (USPC)................................................................................. 43

United States Sentencing Commission (USSC) ......................................................................... 44

Tables

Table 1. Appointment Action for Regulatory and Other Collegial Boards and

Commissions ...........................................................................................................................8

Table A-1. Nominations and Appointments to Full-Time Positions on Regulatory and

Other Boards and Commissions, 110th Congress ..................................................................... 45

Table A-2. Appointment Action, Regulatory and Other Collegial Boards and

Commissions, 110th Congress................................................................................................. 48

Table B-1. 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, 110th Congress............................................................................... 50

Appendixes

Appendix A. Summary of All Nominations and Appointments to Collegial Boards and

Commissions ......................................................................................................................... 45

Appendix B. Senate Recesses and Presidential Recess Appointments ........................................ 50

Appendix C. Board/Commission Abbreviations......................................................................... 51

Appendix D. Change in Methodology from Previous Tracking Reports ..................................... 52

Contacts

Author Contact Information ...................................................................................................... 53

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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

110th Congress (January 2007-January 2009), all nominations to full-time positions on 34

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 110th 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 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.

A succinct historical and contemporary overview of the appointment power is found in (name redacted), “Appointment

Powers,” in his Constitutional Conflicts between Congress and the President, 5th ed. (Lawrence, KS: University Press

of Kansas, 2007), pp. 21-47.

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.”

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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,3 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. 4

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.5 If neither Senator is

from the President’s party, the President 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.

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

Since the ratification of the Twentieth Amendment to the Constitution, on January 23, 1933, the terms of the President

and Vice President expire at noon on January 20 following a presidential election. Prior to this change, presidential

transitions occurred on March 4 following a presidential election. Arguably, the growth in the number of presidentially

appointed positions and the shorter period between election and inauguration of a new President has intensified the

transition period appointment bottleneck and its impact. On the other hand, aspects of this process have probably been

eased by improvements in transportation that have allowed elected officials and appointees to more quickly travel to

the capital after an election, and by improvements in communication and information technology that have facilitated

more rapid exchanges of appointment-related information.

3 U.S.C. 102 note.

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 (name redacted).

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the executive departments, may also be temporarily filled under the Federal Vacancies Reform

Act of 1998.6 Positions on most boards and commissions, however, are not covered by this act.7

Senate Consideration

In the confirmation or second stage, the Senate alone determines whether or not to confirm a

nomination.8 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.9

Two other factors may also affect the scrutiny with which a nominee’s personal and professional

qualities are examined: whether or not the President’s party controls the Senate and the degree to

which the President becomes involved in supporting the nomination.

The Senate confirmation process is centered at the committee level. On the day the President

submits a nomination to the Senate, the Senate’s executive clerk refers it to the appropriate

committee or committees. When making a referral, the executive clerk is guided by Senate Rule

XXV, which establishes the subject matters under the purview of each committee and directs that

“all proposed legislation, messages, petitions, memorials, and other matters relating primarily to

[those] subjects” be referred to that committee. The executive clerk is also guided by precedents

set by prior referrals and by standing orders and unanimous consent (UC) agreements pertaining

to referral of nominations.10 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.

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 they themselves collect. 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

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 (name redacted).

5 U.S.C. § 3349c.

For further information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee

and Floor Procedure, by (name redacted), and CRS Report RL31948, Evolution of the Senate’s Role in the

Nomination and Confirmation Process: A Brief History, by (name redacted).

G. Calvin Mackenzie, The Politics of Presidential Appointments (New York: The Free Press, 1981), pp. 97-189.

For more, see CRS Report RL30959, Presidential Appointee Positions Requiring Senate Confirmation and

Committees Handling Nominations, by (name redacted), Maureen Bearden, and (name redacted).

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nomination, the Senate may, under certain circumstances, discharge the committee from further

consideration of the nomination in order to bring it to the floor.11

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 more than 30 days, but the Senate rule providing for this

return is often waived.12

Appointment

In the final stage, the confirmed nominee is given a commission signed by the President, with the

seal of the United States affixed thereto, and is sworn into office. The President may sign the

commission at any time after confirmation. Once the appointee is given the commission and

sworn in, he or she has full authority to carry out the responsibilities of the office.

Recess Appointments

The Constitution also empowers the President to make limited-term appointments without Senate

confirmation when the Senate is in recess.13 Such recess appointments expire at the end of the

next full session of the Senate. Table B-1 provides the dates of the Senate recesses for the 110th

Congress. One recess appointment was made to a position on a regulatory or other collegial board

or commission during the 110th Congress for reasons discussed below. The recess during which

this took place is shown in the table.14

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

For more information, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and

Floor Procedure, by (name redacted).

The rule may be found in U.S. Congress, Senate Committee on Rules and Administration, Senate Manual, 110th

Cong., 2nd sess., S. Doc. 110-1 (Washington: GPO, 2008), p. 58, 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, September 29, 2006, p. S10762.

Art. II, § 2, cl. 3.

Information on other recess appointments during the Administration of President George W. Bush may be found in

CRS Report RL33310, Recess Appointments Made by President George W. Bush, by (name redacted) and Maureen

Bearden.

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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.15 In addition, although a recess

appointee whose nomination to a full term is subsequently rejected by the Senate may continue to

serve until the end of his or her recess appointment, a provision of the FY2008 Financial Services

and General Government Appropriations Act might prevent an appointee from being paid after

his or her rejection.16

During the 110th Congress, the Senate employed, apparently for the first time, another method

intended to restrict the President’s recess appointment power. This method is predicated on the

notion that the President could be restricted from making a recess appointment during a period of

three days or less. The Constitution does not specify the length of time that the Senate must be in

recess before the President may make a recess appointment. Over the last century, as shorter

recesses have become more commonplace, the Department of Justice has offered differing views

on this issue. In 1993, however, a Justice Department brief implied that the President may make a

recess appointment during a recess of more than three days. The authors reasoned that because

the “Constitution restricts the Senate’s ability to adjourn its session for more than three days

without obtaining the consent of the House … [i]t might be argued that this means that the

Framers did not consider one, two and three day recesses to be constitutionally significant.”17 As

a practical matter, the shortest recess during which appointments have been made during the past

20 years was 10 days.

From November 2007 through the end of the Bush presidency, the Senate structured its recesses

in a way that was intended, at least initially, to prevent the President from making recess

appointments by preventing the occurrence of a recess of more than three days.18 On November

16, 2007, the Senate majority leader announced that the Senate would “be coming in for pro

forma sessions during the Thanksgiving holiday to prevent recess appointments.”19 The Senate

recessed later that day, and pro forma meetings20 were convened on November 20, 23, 27, and 29,

with no business conducted. The Senate next conducted business after reconvening on December

3, 2007. Similar procedures were followed during other periods, during the remainder of

For a further information, see CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by (name

redacted).

P.L. 110-161, Div. D, § 709; 121 Stat. 2021. The provision reads: “Hereafter, no part of any appropriation 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.

Mackie v. Clinton, Memorandum of Points and Authorities in Support of Defendants’ Opposition to Plaintiffs’

Motion for Partial Summary Judgment, at 24-26, Civ. Action No. 93-0032-LFO, (D.D.C. 1993).

Although, as described here, the Senate majority leader initially indicated that the use of pro forma sessions was

intended to prevent the President from making recess appointments, on at least one other occasion, he provided another

reason for using these sessions. On September 17, 2008, he announced, with regard to the Senate, “We are going to

have to get some committee hearings underway, which is why we are not going to adjourn. We will be in pro forma

session so committees can still meet, though we won’t have any activities here on the floor as relates to these markets.”

(Sen. Harry Reid, “The Economy,” remarks in the Senate, Congressional Record, daily edition, vol. 154 (September

17, 2008), p. S8907.)

Sen. Harry Reid, “Recess Appointments,” remarks in the Senate, Congressional Record, daily edition, vol. 153

(November 16, 2007), p. S14609.

A pro forma session is a short meeting of the House or Senate during which it is understood that no business will be

conducted.

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President Bush’s term, that would otherwise have been Senate recesses of a week or longer in

duration.21 The President made no recess appointments between the initial pro forma sessions in

November 2007 and the end of his presidency.

Characterization of Regulatory and Other Collegial Bodies

Federal executive branch boards and commissions discussed in this report share, among other

characteristics, the following: (1) they are independent executive branch bodies located, with four

exceptions, outside executive departments;22 (2) several members head each entity; (3) the

members are appointed by the President with the advice and consent of the Senate; and (4) the

members serve fixed terms of office, and, except in a few bodies, the President’s power to remove

them is restricted.

For most of the boards included in this report, the fixed terms of office for the member positions

have set beginning and end dates, irrespective of whether the posts are filled or when

appointments are made.23 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.

Under such an arrangement, an individual is nominated to a particular position and a particular

term of office. An individual may be nominated and confirmed for a position for the remainder of

an unexpired term in order to replace an appointee who has resigned (or died). Alternatively, an

individual might be nominated for an upcoming term with the expectation that the new term will

be underway by the time of confirmation. 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 the entire

succeeding 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.

For specific instances, see CRS Report RL33310, Recess Appointments Made by President George W. Bush, by

(name redacted) and Maureen Bearden.

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 Department of Justice (DOJ); and (4) the Surface Transportation Board (STB), located in

the Department of Transportation (DOT). FERC’s enabling statute designated it as an independent entity in DOE, and

provided that its members and employees are not subject to the supervision or direction of department officials (42

U.S.C. § 7171(d)). The FCSC was designated as an independent entity within DOJ, with a specific provision that

decisions of the commission with respect to claims shall not be subject to review by the Attorney General (22 U.S.C. §

1622g). The enabling statute of the STB provided 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 established it is an independent agency within the Department of Justice (18

U.S.C. § 4202).

In contrast, for a few agencies, such as the Chemical Safety and Hazard Investigation Board, 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.

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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 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 26 of the boards and commissions in this report, 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).24 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 110th Congress

During the 110th Congress, President George W. Bush submitted nominations to the Senate for 74

of the 152 full-time positions on 34 regulatory and other boards and commissions. (Most of the

remaining positions were not vacant during that time.) A total of 88 nominations were submitted

for these positions, of which 46 were confirmed, 15 were withdrawn, and 27 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 submitted an

“extra” nomination of the one 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).

Table 1 summarizes the appointment activity for the 110th Congress. At the end of the Congress,

15 incumbents were serving past the expiration of their terms.25 In addition, there were 22

vacancies among the 152 positions.

For 3 of these 26 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.

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 a 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)).

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

Length of Time to Confirm a Nomination

The length of time a given nomination may be pending in the Senate has varied widely. Some

nominations have been confirmed within a few days; others have been confirmed within several

months; and some have never been confirmed. In the board and commission profiles following

this opening narrative, this report provides, for each board or commission nomination that was

confirmed in the 110th Congress, the number of days between nomination and confirmation

(“days to confirm”). For those nominations that were confirmed, an average of 148 days elapsed

between nomination and confirmation. The median26 number of days elapsed was 90. The

difference between these two numbers suggests that the average was pulled upward by a small

number of unusually high numbers.

Table 1. Appointment Action for Regulatory and Other Collegial Boards and

Commissions

110th Congress, 2007-2008

Positions on boards and commissions (total)

152

Positions to which nominations were made

Individual nominees

Nominations submitted to the Senate during the 110th Congress (total)

Disposition of nominations

Confirmed by the Senate

Withdrawn

Returned

Recess Appointments (total)

Source: The information in this table summarizes data presented in Table A-2.

A Change in Methodology From Previous Tracking Reports

The calculations of nomination-to-confirmation intervals provided in this report counted all the

days within such intervals, including those during summer recesses and between sessions of the

Senate. The inclusion of all days differs from the methodology used in similar CRS reports for

previous Congresses.27 In these earlier reports, days during August and intersession recesses were

not included in calculations of nomination-to-confirmation intervals. These changes may reduce

the comparability of statistics provided in this report with those provided in earlier reports. More

information on this change in methodology is available in Appendix D.

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

numerical order.

See, for example, CRS Report RL34744, Presidential Appointments to Full-Time Positions on Regulatory and Other

Collegial Boards and Commissions, 109th Congress, by (name redacted) et al.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

Organization of the Report

Board and Commission Profiles

Each of the 34 board or commission profiles following the narrative portion of this report is

organized into three parts: a paragraph discussing the body’s organizational structure, a table

identifying its membership as of the end of the 110th Congress, and a table listing nominations

and appointments to its positions during the 110th Congress. The organizational sections discuss

the statutory requirements for the appointed positions, including the number of members on each

board or commission, their terms of office, whether or not they may continue in their positions

after their terms expire, whether or not political balance is required, and the method for selection

of the chair.

Data28 on appointment actions during the 110th Congress appear under both the sections entitled

“Membership as of the End of the 110th Congress” and those entitled “Appointment Action in the

110th Congress.” The former identify the agencies’ 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. 29

The “Appointment Action” section provides information about each nomination, in chronological

order, including the name of the nominee, the position to which he or she was nominated, the date

of submission, the date of confirmation (if any), and the number of days that elapsed between

submission and 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, where a position was vacant and the unexpired term of office was to end

within a number of weeks or months, two nominations for the same nominee were submitted: the

first to complete the unexpired term, and the second for a full term following completion of the

expired term. Also, in the single instance during the 110th Congress where the President gave a

recess appointment to a nominee for a position covered by this report while the nomination was

awaiting Senate action, a second, follow-up nomination was submitted to comply with the

requirements of 5 U.S.C. § 5503(b).

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 2008 “Plum Book” (U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs,

United States Government Policy and Supporting Positions, 110th Cong., 2nd sess., Committee Print, November 12,

2008 (Washington: GPO, 2008)).

The pay rates for the Executive Schedule, as of the end of the 110th Congress (2008), were as follows: Level I,

$191,300; Level II, $172,200; Level III, $158,500; Level IV, $149,000; and Level V, $139,600. U.S. Office of

Personnel Management “Salary Table 2008-EX,” available at http://www.opm.gov/oca/08tables/html/ex.asp.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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 averaging all values in the “Days to confirm” column, including the values for both

confirmations.

Additional Appointment Information

Appendix A provides two tables. Table A-1 includes information on each of the nominations and

appointments to regulatory and other collegial boards and commissions during the 110th

Congress, alphabetically organized, and following a similar format to that of the “Appointment

Action” sections just discussed. It identifies the board or commission involved and the dates of

nomination and confirmation. The appendix also indicates if a nomination was withdrawn,

returned, or rejected, or if a recess appointment was made. The mean and median number of days

taken to confirm a nomination are also provided.30

Table A-2 provides summary information on appointments and nominations by organization. For

each of the 34 independent boards and commissions discussed in this report, the appendix

provides the number of positions, vacancies, incumbents whose term has expired, nominations,

individual nominees, positions to which nominations were made, confirmations, nominations

returned to the President, nominations withdrawn, and recess appointments.

Appendix B provides information concerning Senate recesses during the 110th Congress. A list of

organization abbreviations can be found in Appendix C.

As noted above, this report employs certain methods that differ from those of previous similar

reports. These methodological changes are discussed in detail in Appendix D.

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

numerical order.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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))

CSB Membership as of the End of the 110th Congress

Partya

Date first

confirmed

Term expires

Pay

level

John S. Bresland (Chair)

08/01/02

03/14/13

Gary L. Visscher

11/21/04

11/29/09

William B. Wark

09/15/06

09/22/11

William E. Wright

09/15/06

09/22/11

Incumbent

Vacant

The abbreviation “na” means not applicable.

The term of an appointment to this vacant position would expire five years from the appointment date.

CSB Appointment Action During the 110th Congress

Date

nominated

Date

confirmed

Days to

confirm

Reappointment

07/11/07

03/13/08

246

Chair

Carolyn W. Merritt

07/11/07

03/13/08

246

Member

Carolyn W. Merritt

07/11/07

Returned 01/02/09b

Nominee/Recess

appointee

Partya

Position

John S. Bresland

Member

John S. Bresland

Charles R. H. Shearer

To replace

The abbreviation “na” means not applicable.

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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))

CFTC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Walter Lukken (Acting Chair)

08/01/02

04/13/10

III

Michael V. Dunn

11/21/04

06/19/11

Jill E. Sommers

08/01/07

04/13/09

Bartholomew H. Chiltona

08/01/07

04/13/08

04/13/12

Incumbent

Vacant

The term of the incumbent shown in italics had expired. He continued to serve under the holdover provision

noted above.

CFTC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

To replace

Date

nominated

Date

confirmed

Days to

confirm

Jill E. Sommers

Commissioner

Sharon Brown-Hruska

05/03/07

08/01/07

Bartholomew H. Chilton

Commissioner

Frederick W. Hatfield

05/03/07

08/01/07

Walter Lukken

Chair

Reuben Jeffrey III

08/07/07

Returned 01/02/09a

Bartholomew H. Chilton

Commissioner

Reappointment

04/03/08

Returned 01/02/09a

Scott O’Malia

Commissioner

Reuben Jeffrey III

04/03/08

Returned 01/02/09a

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Party affiliation is unknown.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

Consumer Product Safety Commission (CPSC)

The statute establishing the CPSC calls for five members, who serve seven-year terms. During a

period that included the 110th 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)

CPSC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Nancy A. Nord (Acting Chair)

04/28/05

10/26/12

IIIa

Thomas H. Moore

04/06/95

10/26/10

Vacant

10/26/13

Vacant

10/26/11

Vacant

10/26/14

Incumbent

Note: 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, October 6, 1992; 105 Stat.

1596) P.L. 110-314, § 202(b) (122 Stat. 3040) repealed this provision, effective August 14, 2009.

According to an agency official, Commissioner Nord was to be paid at level IV while she was acting chair.

CPSC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Michael E. Baroody

Commissioner

Harold D. Stratton

03/05/07

Withdrawn 05/23/07

Michael E. Baroody

Chair

Harold D. Stratton

03/05/07

Withdrawn 05/23/07

Congressional Research Service

To replace

Date

nominated

Date

confirmed

Days to

confirm

Presidential Appointments to Boards and Commissions, 110th Congress

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)

DNFSB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Andrew J. Eggenbergera (Chair)

10/18/89

10/18/08

III

John E. Mansfield (Vice Chair)

10/30/97

10/18/11

III

Joseph F. Badera

11/21/04

10/18/07

III

Larry W. Brown

09/29/06

10/18/10

III

Peter S. Winokur

09/29/06

10/18/09

III

Incumbent

The terms of the incumbents shown in italics had expired. They continued to serve under the holdover

provision noted above.

DNFSB Appointment Action During the 110th Congress

Nominee/Recess

appointee

To replace

Date

nominated

Date

confirmed

Days to

confirm

Party

Position

Joseph F. Bader

Member

Reappointment

06/26/08

Returned 01/02/09a

Ambrose L. Schwallie

Member

Andrew J. Eggenberger

07/23/08

Returned 01/02/09a

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Party affiliation is unknown.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

EAC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Rosemary E. Rodriguez (Chair)

02/15/07

12/12/11

Donetta Davidson (Vice Chair)

07/28/05

12/12/11

Gracia M. Hillman

12/09/03

12/12/09

Gineen B. Beach

10/02/08

12/12/09

Incumbent

Party affiliation is unknown.

EAC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

To replace

Date

nominated

Date

confirmed

Days to

confirm

Rosemary E. Rodriguez

Member

Raymundo Martinez III

01/09/07

02/15/07

Caroline C. Hunter

Member

Paul S. DeGregorio

01/09/07

02/15/07

Gracia M. Hillman

Member

Reappointment

06/13/07

10/02/08

477

Donetta Davidson

Member

Reappointment

05/08/08

10/02/08

147

Rosemary E. Rodriguez

Member

Reappointment

05/08/08

10/02/08

147

Gineen B. Beach

Member

Caroline C. Hunter

07/31/08

10/02/08

Mean number of days to confirm a nomination

151

Party affiliation is unknown.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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 and the vice chair. The President also appoints the general counsel,

with the advice and consent of the Senate. (42 U.S.C. § 2000e-4)

EEOC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Naomi C. Earp (Chair )

10/31/03

07/01/10

III

Stuart Ishimaru

10/31/03

07/01/12

Christine M. Griffin

10/21/05

07/01/09

Constance S. Barker

03/27/08

07/01/11

07/01/13

4 years from

appointment

Incumbent

Commissioners

Vacant

General Counsela

Ronald S. Cooper

03/27/06

The abbreviation “na” means not applicable. The provision establishing the general counsel position does not

include requirements with regard to political affiliation.

EEOC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Date

nominated

Date

confirmed

Days to

confirm

Party

Position

To replace

David Palmer

Member

Cari M. Dominguez

01/09/07

Withdrawn 09/04/07

Stuart Ishimaru

Member

Reappointment

08/03/07

12/19/07

138

Constance S. Barker

Member

Cari M. Dominguez

03/31/08

06/27/08

Mean number of days to confirm a nomination

Congressional Research Service

113

Presidential Appointments to Boards and Commissions, 110th Congress

Export-Import Bank Board of Directors

(EXIMBANK)

The Export-Import Bank Board of Directors comprises the bank president, who serves as chair;

the bank first vice president, 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 until a successor is qualified, or until six months

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, § 3, 12)

EXIMBANK Membership as of the End of the 110th Congress

Incumbent

Party

Date first confirmed

Term expires

Pay level

James H. Lambright (President/Chair)

07/26/06

01/20/09

III

Linda M. Conlin (Vice President/Vice Chair)

11/21/04

01/20/09

J. Joseph Grandmaison

12/20/01

01/20/09

Bijan Rafiekiana

09/29/06

01/20/11

Diane G. Farrell

05/24/07

01/20/11

06/28/07

indefinite

Board of Directors

Inspector General

Michael W. Tankersley

Rafiekian was known as Bijan R. Kian on the EXIMBANK Website http://www.exim.gov.

Party affiliation is unknown.

The abbreviation “na” means not applicable. The provision establishing the inspector general position does not

include requirements with regard to political affiliation. This position does not have a fixed term. As of the end

of the 110th Congress, the Inspector General Act provided as follows: “An Inspector General may be

removed from office by the President. If an Inspector General is removed from office or is transferred to

another position or location within an establishment, the President shall communicate in writing the reasons

for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or

transfer. Nothing in [this provision] shall prohibit a personnel action otherwise authorized by law, other than

transfer or removal.” (5 U.S.C. App., § 3(b)). “The annual rate of basic pay for an Inspector General ... shall be

the rate payable for level III of the Executive Schedule ... plus 3 percent.” (5 U.S.C. App., § 3 (e))

EXIMBANK Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Date

nominated

Date

confirmed

Days to

confirm

Michael W. Tankersley

naa

Inspector

General

New position

01/09/07

06/28/07

170

Bijan Rafiekian

Member

Reappointment

02/16/07

08/01/07

166

Diane G. Farrell

Member

J. Max Cleland

05/24/07

08/01/07

Mean number of days to confirm a nomination

To replace

135

The abbreviation “na” means not applicable.

Party affiliation is unknown.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FCA Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Leland A. Strom (Chair)

12/09/06

10/13/12

III

C. Pelletta

11/14/02

05/21/08

Dallas Tonsager

11/21/04

05/21/10

Incumbent

Nancy

The term of the incumbent shown in italics had expired. She continued to serve under the holdover provision

noted above.

FCA Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

To replace

Mark E. Keenum

Member

Nancy C. Pellett

Date

nominated

06/26/08

Date

confirmed

Days to

confirm

Returned 01/02/09a

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FCC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Kevin J. Martin (Chair)

05/25/01

06/30/11

III

Michael J. Copps

05/25/01

06/30/10

Jonathan S. Adelsteina

11/14/02

06/30/08

Deborah T. Tatea

12/21/05

06/30/07

Robert M. McDowell

05/26/06

06/30/09

Incumbent

The term of the incumbents shown in italics had expired. They continued to serve under the holdover

provision noted above.

FCC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Deborah T. Tate

Member

Reappointment

06/21/07

Returned 01/02/09a

Jonathan S. Adelstein

Member

Reappointment

12/03/07

Returned 01/02/09a

To replace

Date

nominated

Date

confirmed

Days to

confirm

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

Federal Deposit Insurance Corporation Board of

Directors (FDIC)

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. An appointed member may continue to serve after the

expiration of a term until a successor is appointed. Not more than three of the members of the

board of directors may be from the same political party. The President appoints the chair and the

vice chair, with the advice and consent of the Senate, from among the appointed members. 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. App., Inspector General

Act of 1978, § 3, 12)

Full-Time FDIC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Sheila C. Bair (Chair)

06/15/06

07/15/13

III

Martin J. Gruenberg (Vice Chair)

07/29/05

12/27/12

Thomas J. Curry

12/09/03

12/12/09

06/22/06

Indefinite

Incumbent

Board of Directors

Inspector General

Jon T. Rymer

The abbreviation “na” means not applicable. The provision establishing the inspector general position does not

include requirements with regard to political affiliation. This position does not have a fixed term. As of the end

of the 110th Congress, the Inspector General Act provided as follows: “An Inspector General may be

removed from office by the President. If an Inspector General is removed from office or is transferred to

another position or location within an establishment, the President shall communicate in writing the reasons

for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or

transfer. Nothing in [this provision] shall prohibit a personnel action otherwise authorized by law, other than

transfer or removal.” (5 U.S.C. App., § 3(b)) “The annual rate of basic pay for an Inspector General ... shall be

the rate payable for level III of the Executive Schedule ... plus 3 percent.” (5 U.S.C. App., § 3(e))

No FDIC Appointment Action to Full-Time Positions During the 110th Congress

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

Federal Election Commission (FEC)

The FEC consists of six members (no more than three may be from the same political party), who

may serve for a single term of six-years. When a term expires, a member may continue to serve

until a successor takes office. The chair and vice chair, from different political parties and elected

by the commission, change each year. Generally, the vice chair succeeds the chair. (2 U.S.C. §

437c)

FEC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Donald F. McGahn II (Chair)

06/24/08

04/30/09

Steven T. Walther (Vice Chair)

01/09/07

04/30/09

Ellen L. Weintrauba

03/18/03

04/30/07

Cynthia L. Bauerly

06/24/08

04/30/11

Caroline C. Hunter

06/24/08

04/30/13

Matthew S. Petersen

06/24/08

04/30/11

Incumbent

The term of the incumbent shown in italics had expired. She continued to serve under the holdover provision

noted above.

FEC Appointment Action During the 110th Congress

Nominee/recess

appointee

Party

Position

To replace

Date

nominated

Date

confirmed

Days to

confirm

532

Steven T. Walther

Member

Scott E. Thomas

01/09/07

06/24/08

Hans von Spakovsky

Member

Bradley A. Smith

01/09/07

Withdrawn 05/20/08

David M. Mason

Member

Reappointmenta

01/09/07

Withdrawn 05/06/08

Robert D. Lenhard

Member

Danny L. McDonald

01/09/07

Withdrawn 05/06/08

Cynthia L. Bauerly

Member

Robert D. Lenhard

05/06/08

06/24/08

Caroline C. Hunter

Member

Michael E. Toner

05/06/08

06/24/08

Donald F. McGahn II

Member

David M. Mason

05/06/08

06/24/08

Matthew S. Petersen

Member

Hans von Spakovsky

06/12/08

06/24/08

Mean number of days to confirm a nomination

138

Since 1998, new FEC members have been authorized to serve for only one term. Mason was first selected for

office before that time, and would therefore have been eligible for reappointment.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FERC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Joseph T. Kelliher (Chair)

11/07/03

06/30/12

III

Suedeen G. Kelly

11/07/03

06/30/09

Jon Wellinghoff

07/14/06

06/30/13

Philip D. Moeller

07/14/06

06/30/10

Marc Spitzer

07/14/06

06/30/11

Incumbent

FERC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Joseph T. Kelliher

Commissioner

Jon Wellinghoff

Commissioner

Mean number of days to confirm a nomination

Congressional Research Service

Date

nominated

Date

confirmed

Days to

confirm

Reappointment

03/07/07

12/19/07

287

Reappointment

12/11/07

12/19/07

To replace

148

Presidential Appointments to Boards and Commissions, 110th Congress

Federal Housing Finance Board (FHFB)

The FHFB consisted of five members, of whom one—the Secretary of Housing and Urban

Development (HUD) or his or her designee—was ex officio. The Housing and Economic

Recovery Act of 2008 (P.L. 110-289; 122 Stat. 2654) provided for the abolishment of this board,

effective one year from the statute’s July 30, 2008, enactment (§ 1311; 122 Stat. 2797). Prior to

the enactment of this statute, the law provided for four appointed members who served sevenyear terms, with no more than three from the same political party. An appointed member whose

term expires could continue to serve until a successor was appointed. The President designated

the chair from among the appointed members. (12 U.S.C. § 1422a(1)) Section 1204 of the act

(122 Stat. 2785) repealed this section, but it was in effect during part of the period covered by this

report.

Full-Time FHFB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Ronald A. Rosenfeld (Chair)

03/16/05

02/27/09

III

Allan I. Mendelowitz

11/29/01

02/27/14

Alicia K. Castaneda

12/09/03

02/27/11

Geoffrey S. Bacino

07/26/06

02/27/13

Incumbent

FHFB Appointment Action to Full-Time Positions During the 110th Congress

Nominee/Recess

appointee

Party

Position

Allan I. Mendelowitz

Director

Congressional Research Service

To replace

Reappointment

Date

nominated

Date

confirmed

Days to

confirm

10/18/07

12/19/07

Presidential Appointments to Boards and Commissions, 110th Congress

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. After the date on which a five-year term would expire, 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)

FLRA Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Thomas M. Beck (Chair)

10/02/08

07/01/10

Carol W. Pope

10/26/00

07/01/09

07/29/12

Five years

Incumbent

Members

Vacant

General Counsela

Vacant

The abbreviation “na” means not applicable. The provision establishing the general counsel position does not

include requirements with regard to political affiliation. The general counsel is appointed for a five-year term.

FLRA Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

To replace

Date

nominated

Date

confirmed

Days to

confirm

Wayne C. Beyer

Member

Othoniel Armendariz

01/09/07

Withdrawn 12/14/07

Dale Cabaniss

Member

Reappointment

03/12/07

Withdrawn 06/28/07

Carol W. Pope

Member

Reappointment

03/12/07

Returned 01/02/09a

Carol W. Pope

Member

Carol W. Pope

Member

Reappointment

05/16/07

10/02/08c

Thomas M. Beck

Member

Dale Cabaniss

06/28/07

Withdrawn 12/14/07

Thomas M. Beck

Member

Wayne C. Beyer

12/14/07

10/02/08

Brandon C. Bungard

General

Counsel

Colleen D. Kiko

04/02/08

Returned 01/02/09a

Recess Appointment 04/04/07b

Mean number of days to confirm a nomination

505

293

399

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Pope was recess appointed to a seat with a term that was to expire July 1, 2009. Recess appointments are

always limited in duration, however, regardless of the term of office of a particular position. In this case,

Pope’s recess appointment would have expired at the end of second session of the 110th Congress by which

time she had been confirmed.

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 one nomination was

returned and one nomination was confirmed.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FMC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Joseph E. Brennana

11/10/99

06/30/08

Harold J. Creel, Jr.

08/17/94

06/30/09

Rebecca F. Dye

11/14/02

06/30/10

Vacant

06/30/12

Vacant

06/30/11

Incumbent

Note: As of the end of the 110th Congress, the FMC had no presidentially designated chair. At that time, the

most recent chair was Steven R. Blust, who had left the agency on June 30, 2006. A presidentially designated

chair would be compensated at Level III of the Executive Schedule.

The term of the incumbent shown in italics has expired. He continued to serve under the holdover provision

noted above.

FMC Appointment Action During the 110th Congress

Nominee/Recess

appointee

Date

confirmed

Days to

confirm

Position

Carl B. Kress

Commissioner

Steven R. Blust

08/02/07

Returned 01/02/09a

A. Paul Anderson

Commissioner

Reappointment

08/02/07

Withdrawn 05/20/08

Sean T. Connaughton

Commissioner

A. Paul Anderson

09/09/08

Returned 01/02/09a

To replace

Date

nominated

Party

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FMSHRC Membership as of the End of the 110th Congress

Partya

Date first

confirmed

Term expires

Pay

level

Michael F. Duffy (Chair)

11/19/02

08/30/12

III

Mary L. Jordan

04/14/94

08/30/14

Michael G. Young

07/31/03

08/30/14

Robert F. Cohen Jr.

03/13/08

08/30/12

Vacant

08/30/10

Incumbent

The abbreviation “na” means not applicable.

FMSHRC Appointment Action During the 110th Congress

Partya

Position

To replace

Date

nominated

Arlene Holen

Commissioner

Robert H. Beatty Jr.

01/09/07

Withdrawn 05/20/08

Michael F. Duffy

Commissioner

Reappointment

01/09/07

03/13/08

429

Robert F. Cohen Jr.

Commissioner

Stanley C. Suboleski

12/12/07

03/13/08

Mary L. Jordan

Commissioner

Reappointment

06/26/08

10/02/08

Michael G. Young

Commissioner

Reappointment

09/08/08

10/02/08

Nominee/Recess

appointee

Mean number of days to confirm a nomination

Date

confirmed

Days to

confirm

161

The abbreviation “na” means not applicable.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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 fouryear terms, with the advice and consent of the Senate. (12 U.S.C. §§ 241, 242)

FRS Membership as of the End of the 110th Congress

Partya

Date first

confirmed

Term expires

Pay

level

Ben S. Bernanke (Chair)

07/31/02b

01/31/20c

Donald L. Kohn (Vice Chair)

07/31/02

01/31/16c

Randall S. Krosznerd

02/17/06

01/31/08

Kevin M. Warsh

02/17/06

01/31/18

Elizabeth A. Duke

06/27/08

01/31/12

Vacant

01/31/14

Vacant

01/31/10

Incumbent

The abbreviation “na” means not applicable.

Bernanke was initially confirmed July 31, 2002, to the unexpired term of Edward W. Kelly. That term would

have expired January 31, 2004. He was then reappointed for a term that would have expired January 31, 2018,

but he resigned to become a member of the Council of Economic Advisors. On November 1, 2005, Bernanke

was nominated to succeed Alan Greenspan as a member and as chair. He was confirmed to both positions on

January 31, 2006.

Bernanke’s term as a member expires on January 31, 2020. His term as chair expired on January 31, 2010.

Kohn’s term as a member expires on January 31, 2016. His term as vice chair expired on June 23, 2010.

The term of the incumbent shown in italics had expired. He continued to serve under the holdover provision

noted above.

FRS Appointment Action During the 110th Congress

Date

nominated

Date

confirmed

Days to

confirm

Susan S. Bies

05/16/07

06/27/08

408

Member

Mark W. Olson

05/16/07

Returned 01/02/09b

Member

Reappointment

05/16/07

Returned 01/02/09b

Nominee/Recess

appointee

Partya

Position

Elizabeth A. Duke

Member

Larry A. Klane

Randall S. Kroszner

To replace

The abbreviation “na” means not applicable.

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

FTC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

William E. Kovacic (Chair)

12/17/05

09/25/11

III

Pamela J. Harbour

07/23/03

09/25/09

Jonathan D. Leibowitz

11/21/04

09/25/10

J. Thomas Rosch

12/17/05

09/25/12

09/25/15

Incumbent

Vacant

No FTC Appointment Action During the 110th Congress

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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 FCSC Membership as of the End of the 110th Congress

Incumbent

Mauricio J. Tamargo (Chair)

Party

Date first

confirmed

Term expires

Pay

level

01/25/02

09/30/09

No FCSC Appointment Action to Full-Time Positions During the 110th Congress

Note: A nomination for a part-time position at the Foreign Claims Settlement Commission also occurred during

the 110th Congress. This report covers only full-time positions; the part-time nomination is not included in this

table.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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. A member who has been appointed to a full seven-year term may not

be reappointed to any following term. 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)

MSPB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Neil A. G. McPhie (Chair)

11/21/04

03/01/09

III

Mary M. Rose (Vice Chair)

12/17/05

03/01/11

03/01/14

Incumbent

Vacant

No MSPB Appointment Action During the 110th Congress

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

NCUA Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Michael E. Fryzel (Chair)

06/27/08

08/02/13

III

Rodney E. Hood

11/07/05

04/10/09

Gigi Hyland

11/07/05

08/02/11

Incumbent

NCUA Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Michael E. Fryzel

Member

Congressional Research Service

To replace

JoAnn Johnson

Date

nominated

Date

confirmed

Days to

confirm

12/03/07

06/27/08

207

Presidential Appointments to Boards and Commissions, 110th Congress

National Labor Relations Board (NLRB)

The NLRB consists of five members, who serve five-year terms. Political balance is not required,

but, by tradition, no more than three members are from the same political party. When a term

expires, the member must leave office. The President designates the chair. The President also

appoints the general counsel, with the advice and consent of the Senate. (29 U.S.C. § 153)

NLRB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Peter C. Schaumber (Chair)

11/14/02

08/27/10

III

Wilma B. Liebman

11/14/02

08/27/11

Vacant

08/27/13

Vacant

12/16/12

Vacant

12/16/09

08/13/10

Incumbent

Board

General Counsela

Ronald E. Meisburg

08/03/06

The abbreviation “na” means not applicable. The provision establishing the general counsel position does not

include requirements with regard to political affiliation. The general counsel is appointed for a term of four

years.

NLRB Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Dennis P. Walsh

Member

Reappointment

01/09/07

Withdrawn 01/25/08

Peter N. Kirsanow

Member

Ronald E. Meisburg

01/09/07

Withdrawn 01/25/08

Robert J. Battista

Member

Dennis P. Walsh

01/25/08

Withdrawn 05/06/08

Gerard Morales

Member

Robert J. Battista

01/25/08

Returned 01/02/09a

Dennis P. Walsh

Member

Peter N. Kirsanow

01/25/08

Returned 01/02/09a

Dennis P. Walsh

Member

Reappointment

01/25/08

Returned 01/02/09a

To replace

Date

nominated

Date

confirmed

Days to

confirm

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Standing Rules of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

National Mediation Board (NMB)

The board consists of three members (no more than two may be from the same political party),

who serve three-year terms. When a term expires, the member may continue to serve until a

successor takes office. The board annually designates a chair. (45 U.S.C. § 154)

NMB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Read Van de Watera (Chair)

12/03/03

07/01/06

III

Elizabeth Dougherty

12/09/06

07/01/10

Harry R. Hoglandera

08/01/02

07/01/08

Incumbent

The terms of the incumbents shown in italics had expired. The incumbents continued to serve under the

holdover provision noted above.

No NMB Appointment Action During the 110th Congress

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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)

NTSB Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Mark V. Rosenker (Acting Chair)

03/19/03

12/31/10

III

Robert L. Sumwalt III

08/03/06

12/31/11

Deborah A. P. Hersmana

03/02/04

12/31/08

Kathryn O. Higgins

12/17/05

12/31/09

Steven R. Chealandera

12/09/06

12/31/07

Incumbent

The terms of the incumbents shown in italics had expired. The incumbents continued to serve under the

holdover provision noted above.

NTSB Appointment Action During the 110th Congress

Nominee/Recess

appointee

Party

Position

Steven R. Chealander

Member

Reappointment

10/26/07

Returned 01/02/09a

Mark V. Rosenker

Chair

Reappointment

10/26/07

Returned 01/02/09a

Deborah A. P. Hersman

Member

Reappointment

07/31/08

Returned 01/02/09a

To replace

Date

nominated

Date

confirmed

Days to

confirm

Returned to the President at the end of the 110th Congress under the provisions of Senate Rule XXXI,

paragraph 6 of the Senate.

Congressional Research Service

Presidential Appointments to Boards and Commissions, 110th Congress

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. App., Inspector General Act of 1978, §§ 3,

12)

NRC Membership as of the End of the 110th Congress

Party

Date first

confirmed

Term expires

Pay

level

Dale E. Klein (Chair)

05/26/06

06/30/11

Gregory B. Jaczko

05/26/06

06/30/13

III

Peter B. Lyons

05/26/06

06/30/09

III

Kristine L. Svinicki

03/13/08

06/30/12

III

06/30/10

III

Indefinite

Incumbent

Commissioners

Vacant

Inspector General

Hubert T. Bell

06/11/96