It was a slow fall for independent agency nominations as Senators left chambers for their campaigns and the Biden administration stood paralyzed in anticipation of the midterm Red Wave That Wasn’t.
As such, the state of indy agency nominations has, rather unfortunately, changed little since October. Indeed, the state of nominations now two years into the Biden presidency, and throughout the entirety of Congress’ 117th session, continues to be sabotaged by soundbyte-seeking, seditious and sordid Republican senators. The confirmation crisis has continued to be championed by such ignoble reps as Josh Hawley, Ted Cruz, Tom Cotton, and Pat Toomey and continues to exacerbate already existing shortages in the staffing, functionality, and efficiency of the federal government. Of course, this contemptible caucus has at times been joined by such notoriously unprincipled Democrats like Sen. Joe Manchin, who tanked (once again) the renomination of the imminently qualified Democratic nominee Richard Glick to the Federal Energy Regulatory Commission (FERC) for the crime of acknowledging the climate crisis. Glick had to vacate his seat at the commission on January 2 of this year, leaving FERC trapped in debilitating partisan gridlock and likely stalling climate-oriented guidance from the agency indefinitely.
Of course, FERC will be far from novel in this entirely unnecessary stalling of the President’s agenda. Glick’s ousting will put FERC in a similar position as that long endured by Democrats at the Federal Communications Commission (FCC) who now years into her nomination are still awaiting Gigi Sohn’s confirmation. A similar situation is occurring for the Dems at the Equal Employment Opportunity Commission (EEOC) waiting for Kalpana Kotagal’s confirmation.
However, with Raphael Warnock’s December victory in Georgia’s Senate runoff and the outright Democratic Senate majority that the caucus now possesses in that chamber, perhaps Republicans’ reign of anti-democratic terror over Biden’s nominees might finally be at — or nearing — its end. Some of the nominees who once again find themselves starting this process, and who will hopefully finally be allowed to take their deserved seats as a result of the new Senate breakdown, are as follows:
- Federal Communications Commission (FCC): Commissioner, Gigi Sohn
- Equal Employment Opportunity Commission (EEOC): Member, Kalpana Kotagal
- Federal Mine Safety and Health Review Commission (FMSHRC): Commissioner, Moshe Z. Marvit
- Federal Maritime Commission (FMC): Members, Daniel B. Maffei, Rebecca F. Dye (renominations)
- Surface Transportation Board (STB): Member, Robert E. Primus (renomination)
- Postal Regulatory Commission (PRC): Commissioner, Robert G. Taub (renomination)
- National Transportation Safety Board (NTSB): Board Member, Alvin Brown
- Federal Labor Relations Authority (FLRA): Member, Ernest W. DuBester (renomination)
- Small Business Administration (SBA): Deputy Administrator, Dilawar Syed
- 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 a tyrannous minority party 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 October:
Excluding the re-nominations of previously circulated independent agency candidates, President Biden has only nominated one additional person to independent agency boards since October 14th, 2022. That is to the:
- Federal Deposit Insurance Corporation (FDIC): Chair, Martin J. Gruenberg
Including that nomination, the total number of Biden’s outstanding independent agency nominations, i.e. nominees still awaiting Senate confirmation, stands at 13. Across the 40 independent agencies that we track, this represents just 23.6 percent of the 55 seats Biden could currently fill. These 55 open seats are presently composed of 21 outright vacancies and 34 positions occupied by officials with expired terms. Of those, four (19 percent) of the vacancies and 12 (35 percent) of the expired seats could be filled by Democratic nominees, with an additional 12 (57 percent of ) vacant seats and 12 (35 percent of) expired seats on non-partisan government boards and agencies.
Confirmations Since October:
Since our last update (October 14th), the Senate has confirmed:
- Chemical Safety Hazards and Investigation Board (CSHIB): Chair, Stephen A. Owens; Member, Catherine J.K. Sandoval
- Federal Deposit Insurance Corporation (FDIC): Chair, Martin J. Gruenberg; Member(s), Travis Hill, Jonathan McKernan
- Tennessee Valley Authority (TVA): Member(s), Beth Geer, Michelle Moore, Robert Klein
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 fully vacant seats in order to attain these majorities two years into his administration. In others, the Biden administration is sitting on expired Democrat seats that should be renominated or replaced.
- 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.
- 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, Democrats will gain a 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): There is an unfilled Democratic vacancy on the commission. When and if a Democratic commissioner is appointed and confirmed, Democrats will gain the majority at 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:
The following boards are awaiting Democratic majorities that are stalled by the Senate confirmation process.
- Equal Employment Opportunities Commission (EEOC): Kalpana Kotagal’s confirmation will give Democrats a majority.
- Federal Communications Commission (FCC): Gigi Sohn’s confirmation will give Democrats a majority.
- National Mediation Board (NMB): Linda Puchala’s re-confirmation will cement the agency’s Democratic majority.
- National Transportation Safety Board (NTSB): Alvin Brown’s confirmation will give Democrats a majority.
While the Biden administration continues to be decidedly delayed 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 seriously these delays, and do something to comprehensively address them via common sense reforms to the confirmation process and procedural maneuvers.
Soon-to-be-Vacant Democratic Seats:
Looming expirations in order of mandated vacancy date:
- Federal Maritime Commission (FMC)
- Daniel B Maffei, Democrat, term expiring 6/30/2022, must vacate by 6/30/2023
- Nuclear Regulatory Commission (NRC)
- Jeffery Baran, Democrat, term expiring 6/30/2023, must vacate by 6/30/2023
- National Labor Relations Board (NLRB)
- Gwynne A. Wilcox, Democrat, term expiring 8/27/2023, must vacate by 8/27/2023
- Surface Transportation Board (STB)
- Robert E. Primus, Democrat, term expiring 12/31/2022, must vacate by 12/31/2023
- Martin J. Oberman, Democrat, term expiring 12/31/2023, must vacate by 12/31/2024
- Federal Communications Commission (FCC)
- Geoffery Adam Starks, Democrat, term expiring 7/1/2022, must vacate by 1/2/2024
- United States Postal Service (USPS)
- Anton George Hajjar, Democrat, term expiring 12/8/2023, must vacate by 12/8/2024
Looming expirations that may remain until the position is otherwise filled:
- Equal Employment Opportunity Commission (EEOC)
- Charlotte A. Burrows, Democrat, term expiring 7/1/2023, may remain until 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 expiring 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
- Federal Trade Commission (FTC)
- Rebecca Kelly Slaughter, Democrat, term expiring 9/26/2022, may remain until position is otherwise filled
- National Transportation Safety Board (NTSB)
- Thomas B. Chapman, Democrat, term expiring 12/31/2023, may remain until position is otherwise filled
- United States Sentencing Commission (USSC)
- John Gleeson, Democrat, term expiring 10/31/2023, may remain until position is otherwise filled
Other Agencies Awaiting Nominations:
- Internal Revenue Service Oversight Board (IRSOB): Biden should nominate at least three more officials in order to restore quorum.
- Chemical Safety and Hazard Investigation Board (CSHIB): Biden should nominate two officials to 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 chairship at the Commission.
- Federal Labor Relations Board (FLRB)
- Biden should nominate or renominate an official to the expired Democrat chairship at the Commission.
- Foreign Claims Settlement Commission (FCSC): Biden should nominate or renominate officials to the two expired seats and one vacant seat.
- Railroad Retirement Board (RRB): Biden should nominate or renominate an official to the recently expired seat.
- United States Parole Commission (USPC): Biden should nominate or renomate officials to the two expired seats and the two vacant seats.
Majorities Delayed:
Assuming that no one steps down before their term expires, Biden cannot have a majority on:
- National Credit Union Administration (NCUA) until 8/2/2023