This past spring we saw a slow rate of nominations from the White House and a similarly glacial pace of confirmations from a Senate that has been plagued with an utterly dysfunctional confirmations system for years now.
While some officials such as Kalpana Kotagal at the Equal Employment Opportunity Commission (EEOC) finally saw the end of their years-long confirmation battles before Senate Chambers, others were forced to concede their nominations altogether due to the bad-faith interventions of unscrupulous Republican Senators (and the equally unsavory likes of Joe Manchin). These desperate moves to sink nominations like Gigi Sohn to the Federal Communications Commission prevents public-minded officials from actually using positions of power to help regular people. Joe Manchin also partnered with Republicans to prevent Richard Glick from re-confirmation to the Federal Energy Regulatory Commission (FERC) for the simple act of acknowledging the climate crisis. Manchin’s obstruction has pushed FERC into debilitating partisan gridlock, forestalling climate guidance from the crucial agency indefinitely.
Though we had hoped that more progress would be made in confirmation hearings given Democrats’ now outright (albeit narrow) majority in that chamber, many nominees, often due to the objections of Manchin in particular, remain in their years-long confirmation fights with little hope for sea change.
Some of those nominees are as follows:
- Federal Mine Safety and Health Review Commission (FMSHRC): Commissioner, Moshe Z. Marvit
- Federal Maritime Commission (FMC): Members, Daniel B. Maffei, Rebecca F. Dye (renominations)
- Postal Regulatory Commission (PRC): Commissioner, Robert G. Taub (renomination)
- National Transportation Safety Board (NTSB): Board Member, Alvin Brown
- National Mediation Board (NMB): Member, Linda A. Puchala (renomination)
The Revolving Door Project continues to advocate for simple, common sense, Senate rule changes to ensure that the basic functionality of the federal government cannot be held hostage by an anti-democratic, obstructionist minority again. Barring even this, Senate Democrats still have the power and responsibility to make the anti-democratic politicking of their Republican colleagues consequential for the partisans wielding them.
For more information about our confirmations work, see our Confirmations Crisis Link.
For more information about specific agencies and nominations, see the Agency Spotlight.
(New) Nominations Since January:
Excluding the re-nominations of previously circulated independent agency candidates, President Biden has nominated five additional people to independent agency boards since January 23, 2023. Those are to the:
- Consumer Protection Safety Commission (CPSC): Commissioner, Douglas Dziak
- Federal Communications Commission (FCC): Member, Anna M. Gomez
- Federal Labor Relations Authority (FLRA): Member, Nancy Anderson Speight
- National Mediation Board (NMB): Member, Loren E. Sweatt
- Nuclear Regulatory Commission (NRC): Commissioner, Jeffery Baran
Including these nominations, the total number of Biden’s outstanding independent agency nominations, i.e. nominees still awaiting Senate confirmation, stands at 22. Across the 40 independent agencies that we track, this represents just 31.4 percent of the 70 eligible-for-nomination seats Biden could fill. These 70 seats are presently composed of 28 outright vacancies and 42 positions occupied by officials with expired terms. Of those, seven (25 percent) of the vacancies and 12 (30.1 percent) of the expired seats could be filled by Democratic nominees, with an additional 12 (42.9 percent) of the vacant seats and seven (16.67 percent) of the expired seats on non-partisan government boards and agencies.
Confirmations Since January:
Since our last update (January 23, 2023), the Senate has confirmed one official across the 40 agencies that we track.
- Equal Employment Opportunity Commission (EEOC): Commissioner, Kalpana Kotagal
Democratic Majorities Delayed While Awaiting Nomination:
The following boards are awaiting Democratic majorities. In some cases, the Biden administration has failed to nominate officials to fill vacant Democratic seats, precluding Democratic majorities even two years into his administration. In others, the Biden administration is sitting on expired Democratic seats that should be renominated or replaced.
- Farm Credit Administration (FCA): The expiration of Republican Members Glen R. Smith and Jeffrey S. Hall’s appointments provides an opportunity for a Democratic appointment. When and if a Democratic member is appointed and confirmed to one of these seats, Democrats will gain a majority at the administration.
- Federal Energy Regulatory Commission (FERC): Richard Glick’s term expiry has created partisan divide at the commission, leaving Democrats without their majority until another official is nominated and confirmed to the seat.
- National Credit Union Administration (NCUA): When Jeffery Hood’s – a Republican – term expires on 8/2/2023, Hood can be replaced by a Democrat to secure a 2-1 Democratic majority at the Administration.
- National Indian Gaming Commission (NIGC): Republican NIGC Chair E. Sequoyah Simermeyer’s appointment expiry provides an opportunity for a Democratic appointment. When and if a Democratic chair is appointed and confirmed, Democrats will gain the majority at the Commission.
- Occupational Safety and Health Review Commission (OSHRC): Amanda Wood Laihow’s confirmation will create partisan gridlock at the commission and Biden should nominate a Democrat in order to restore a Democratic majority.
- Postal Regulatory Commission (PRC): Republican commissioner Mark Acton’s appointment expiry provides an opportunity for a Democratic appointment. When and if a Democratic commissioner is appointed and confirmed, Democrats will gain a majority on the Commission.
- United States International Trade Commission (USITC): There is a Democratic vacancy at the USITC that would bring the commission to a partisan balance if and when nominated and confirmed.
Democratic Majorities Delayed While Awaiting Confirmation:
Democratic majorities at the following boards have been stalled by the broken Senate confirmation process.
- Federal Communications Commission (FCC): Anna M. Gomez’s confirmation (and Geoffery Adam Stark’s reconfirmation) will give Democrats a firm majority.
- Federal Labor Relations Authority (FLRA): Nancy Anderson Speight’s confirmation will give Democrats a majority at the board.
- Federal Maritime Commission (FMC): Daniel Maffei’s re-confirmation will protect Democrats’ majority on the commission.
- National Mediation Board (NMB): Linda Puchala’s re-confirmation will protect the agency’s Democratic majority.
- National Transportation Safety Board (NTSB): Alvin Brown’s confirmation will give Democrats a majority.
- Nuclear Regulatory Commission (NRC): Jeffery Baran’s confirmation will give Democrats a majority.
While the Biden administration continues to be decidedly sluggish in naming its nominees, dysfunction in the Senate has also remained a major obstacle to Democratic majorities on independent agency boards for months. Leaders in the administration and in Congress must finally take these delays seriously, and comprehensively address them via common sense reforms to the confirmation process and procedural maneuvers.
Soon-to-be-Vacant (or Expired) Democratic Seats:
Looming expirations in order of mandated vacancy date:
- National Labor Relations Board (NLRB)
- Gwynne A. Wilcox, Democrat, term expiring 8/27/2023, must vacate by 8/27/2023
- Lauren McGarity McFerran, Democrat, term expiring 12/16/2024, must vacate by 12/16/2024
- Federal Communications Commission (FCC)
- Geoffery Adam Starks, Democrat, term expiring 7/1/2022, must vacate by 1/2/2024
- Nuclear Regulatory Commission (NRC)
- Christopher T. Hanson, Democrat, term expiring 6/30/2024, must vacate by 6/30/2024
- United States Postal Service (USPS)
- Anton George Hajjar, Democrat, term expiring 12/8/2023, must vacate by 12/8/2024
- Surface Transportation Board (STB)
- Martin J. Oberman, Democrat, term expiring 12/31/2023, must vacate by 12/31/2024
About to be expired positions that may remain until the position is otherwise filled:
- Defense Nuclear Facilities Safety Board (DNFSB)
- Jessie Hill Roberson, Democrat, term expiring 10/18/2023, may remain until position is otherwise filled
- Federal Election Commission (FEC)
- Shana M. Broussard, Democrat, term expired 4/30/2023, may remain until position is otherwise filled
- Federal Retirement Thrift Investment Board (FRTIB)
- Leona M. Bridges, Democrat, term expiring 10/11/2023, may remain until position is otherwise filled
- National Credit Union Administration (NCUA)
- Rodney Hood, Republican, term expiring 8/2/2023, upon expiration could be replaced with a Democrat
- National Transportation Safety Board (NTSB)
- Thomas B. Chapman, Democrat, term expiring 12/31/2023, may remain until position is otherwise filled
- Privacy and Civil Liberties Oversight Board (PCLOB)
- Sharon Bradford Franklin, Democrat, term expiring 1/29/2024
- United States Sentencing Commission (USSC)
- John Gleeson, Democrat, term expiring 10/31/2023, may remain until position is otherwise filled
Other Agencies Awaiting Nominations:
- Chemical Safety and Hazard Investigation Board (CSHIB): Biden should nominate two officials to the vacancies on the Board.
- Defense Nuclear Facilities Safety Board (DNFSB): Biden should nominate officials to the Democratic and Republican vacancies on the Board.
- Election Assistance Commission (EAC): Biden should nominate or renominate officials to the four expired seats on the Commission (two Democrats and two Republicans).
- Federal Election Commission (FEC): Biden should nominate new, or renominate current, officials to the four expired seats on the Commission (two Democrats and two Republicans).
- Federal Energy Regulatory Commission (FERC): Biden should nominate or renominate an official to the expired Democrat seat at the Commission.
- Foreign Claims Settlement Commission (FCSC): Biden should nominate or renominate officials to the two expired seats and one vacant seat.
- Internal Revenue Service Oversight Board (IRSOB): Biden should nominate at least three more officials in order to restore quorum.
- Railroad Retirement Board (RRB): Biden should nominate or renominate an official to the recently expired seat.
- US International Trade Commission (USITC): Biden should nominate an official to the Democratic vacancy on the Commission.
- United States Parole Commission (USPC): Biden has nominated one individual to one of the commission’s vacant seats, and should further nominate or renominate officials to the commission’s nominee-less two vacant seats and to the commission’s two expired seats.