This summer saw an extremely slow rate of independent agency nominations coming from the White House, and witnessed also a similarly glacial pace of confirmations emerging from the Senate. While this trend got slightly better over the course of the fall, with the Senate finally making significant movement on the nominations already presented before it, few new nominations have emerged from the White House since July 18, 2023.
As a result, even more than three years into Biden’s first term, many independent agencies remain starved of the progressive leadership – and the realization of progressive policy promises – that Biden was elected to enact.
As in our last update, the Federal Energy Regulatory Commission (FERC) remains understaffed, with just three of its five seats currently occupied. However, Democrats have now regained a 2-1 majority at the commission after James Danly was forced to vacate his seat this January. Of course, in October, we also made a rare argument that Biden actually shouldn’t renominate officials to FERC for as long as the Senate will only entertain climate complicitous corporate sellouts to bolster FERC’s ranks. Regardless, the Federal Labor Relations Authority (FLRA) remains in partisan gridlock, with one vacant Democratic seat unfilled even as the lone Republican at the Administration is already up for re-nomination. The Occupational Safety and Health Review Commission (OSHRC) also lost its quorum this fall, leaving just Cynthia L. Attwood heading the defanged body. While the OSHRC is missing a quorum, none of its cases can be decided.
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 continue to be held hostage by an anti-democratic, obstructionist minority. Even if Republicans offer successful obstruction, Senate Democrats still have the power and responsibility to make the anti-democratic politicking of their Republican colleagues costly for the partisans wielding them.
For more information about particular agencies and nominations see our Agency Spotlight.
New Nominations this Fall:
President Biden has nominated three additional people to independent agency boards since July 18, 2023, excluding re-nominations of those candidates already circulated. Those are to the:
- National Credit Union Administration (NCUA): Member, Tanya F. Otsuka
- National Transportation Safety Board (NTSB): Member, J. Todd Inman
- Postal Regulatory Commission (PRC): Commissioner, Thomas G. Day
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 31 percent of the 71 eligible-for-nomination seats Biden could fill. These 71 seats are presently composed of 32 outright vacancies and 39 positions occupied by officials with expired terms. Respectively, seven of the 32 vacancies (21.9 percent) and 14 of the 39 expired seats (35.9 percent) could be filled by Democratic nominees. Biden can also fill an additional 13 vacant seats (40.6 percent of total vacancies) and eight expired seats (20.5 percent of total expirations) with the nomination of non-partisans to independent agency boards.
Confirmations Since July:
Since our last update (July 18, 2023), the Senate has confirmed 13 officials across the 40 agencies that we track.
- Equal Employment Opportunity Commission (EEOC): Commissioner, Charlotte A. Burrows
- Export-Import Bank of the United States (EXIMBANK): Member, Spencer Bacchus III
- Federal Communications Commission (FCC): Member, Geoffrey A. Starks; : Member, Anna M. Gomez; Member, Brendan Carr
- Federal Reserve System Board of Governors (FRB): Member, Adriana Debora Kugler; Member, Lisa DeNell Cook; Vice Chairman, Philip Nathan Jefferson
- National Labor Relations Board (NLRB): Member, Gwynne A. Wilcox
- National Credit Union Administration (NCUA): Member, Tanya F. Otsuka
- Postal Regulatory Commission (PRC): Commissioner, Thomas G. Day; Commissioner, Robert G. Taub
- Securities and Exchange Commission (SEC): Member, Mark Toshiro Uyeda
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; in others, the Biden administration has failed to nominate or re-nominate officials to expired Democratic seats.
- Defense Nuclear Facilities Safety Board (DNFSB): The DNFSB is currently mired in partisan gridlock. With Patricia L. Lee’s pending confirmation as a Republican member, the Board will be Republican controlled. Biden should quickly nominate two Democrats to the Board’s vacant seats to ensure Democrats can establish and maintain a majority at the Board.
- Farm Credit Administration (FCA): The expiration of Republican Members Glen R. Smith and Jeffrey S. Hall’s terms 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 Labor Relations Authority (FLRA): There is a Democratic vacancy at the FLRA that would bring the commission to a Democratic majority if and when a Democrat is nominated and confirmed.
- National Indian Gaming Commission (NIGC): Republican NIGC Chair E. Sequoyah Simermeyer’s term 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 as a Republican Commissioner will create partisan gridlock at the commission, but will reestablish the commission’s quorum. Biden should nominate a Democrat to the third (currently vacant) seat in order to restore and maintain a Democratic majority.
Democratic Majorities Delayed While Awaiting Confirmation:
Democratic majorities at the following boards have been stalled by the broken Senate confirmation process.
- Federal Maritime Commission (FMC): Daniel Maffei’s re-confirmation will protect Democrats’ 3-2 majority on the commission, even if Republican Rebecca F. Dye’s nomination is confirmed.
- Federal Trade Commission (FTC): The 5-person commission currently boasts a 3-0 Democrat majority. Democrat Rebecca Kelly Slaughter’s re-confirmation will protect Democrats’ majority on the commission, even if both currently-nominated Republicans to the commission are confirmed, which would yield a 3-2 Democratic majority.
- National Mediation Board (NMB): Linda Puchala and Deirdre Hamilton’s re-confirmations will protect the agency’s 2-1 Democratic majority.
- National Transportation Safety Board (NTSB): Alvin Brown’s confirmation will break current partisan gridlock at the NTSB and give Democrats a 3-2 majority.
- Nuclear Regulatory Commission (NRC): Jeffery Baran’s confirmation will break the commission’s current 2-2 partisan gridlock and give Democrats a 3-2 majority.
- United States Sentencing Commission (USSC): Democrat John Gleeson’s confirmation will protect Democrats’ 4-3 majority on the commission, which will be maintained even if Republican Claria Horn Boom is simultaneously confirmed.
While the Biden administration continues to be decidedly sluggish in naming its nominees, dysfunction in the Senate has also remained a major obstacle to the realization of rightful Democratic majorities on independent agency boards. 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.
Soon-to-be-Vacant (or Expired) Democratic Seats:
Looming expirations in order of mandated vacancy date:
- Nuclear Regulatory Commission (NRC)
- Christopher T. Hanson, Democrat, term expiring 6/30/2024, must vacate by 6/30/2024
- Federal Mine Safety and Health Review Commission (FMSHRC)
- Marco M. Rajkovich Jr., non-partisan, term expiring 8/30/2024, must vacate by 8/30/2024
- William I. Althen, non-partisan, term expiring 8/30/2024, must vacate by 8/30/2024
- National Labor Relations Board (NLRB)
- Lauren McGarity McFerran, Democrat, term expiring 12/16/2024, must vacate by 12/16/2024
- Federal Energy Regulatory Commission (FERC)
- Allison Clements, Democrat, term expiring 6/30/2024, must vacate by 1/2/2025
- Federal Maritime Commission (FMC)
- Carl Whitney Bentzel, Democrat, term expiring 6/30/2024, must vacate by 6/30/2025
- Securities and Exchange Commission (SEC)
- Caroline A. Crenshaw, Democrat, term expiring 6/5/2024, must vacate by 12/5/2025
- Commodity Futures Trading Commission (CFTC)
- Christy Goldsmith Romero, Democrat, term expiring 4/13/2024, must vacate by 1/2/2026
About to be expired positions that may remain until the position is otherwise filled:
- Privacy and Civil Liberties Oversight Board (PCLOB)
- Sharon Bradford Franklin, Democrat, term expiring 1/29/2024
- National Mediation Board (NMB)
- Linda Puchala, Democrat, term expiring 7/1/2024
Other Agencies Awaiting Democratic Nominations:
- Chemical Safety and Hazard Investigation Board (CSHIB): Biden should nominate two officials to the nonpartisan vacancies on the Board.
- Defense Nuclear Facilities Safety Board (DNFSB): Biden should nominate an official to the Democratic vacancy on the Board.
- Election Assistance Commission (EAC): Biden should nominate or renominate officials to the two expired Democrat seats on the Commission.
- Farm Credit Administration (FCA): Biden should nominate or renominate an official to the expired Democrat seat on the Commission.
- Federal Election Commission (FEC): Biden should nominate new, or renominate current, officials to the two expired Democrat seats on the Commission.
- Federal Energy Regulatory Commission (FERC): Biden should nominate or renominate an official to the vacant Democrat seat at the Commission.
- Federal Labor Relations Authority (FLRA): Biden should nominate an official to the vacant Democrat seat.
- Federal Retirement Thrift Investment Board (FRTIB): Biden should nominate a new or renominate a current official to the expired Democrat seat on 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.
- National Transportation Safety Board (NTSB): Biden should nominate or renominate an official to the expired Democrat seat.
- Occupational Safety and Health Review Commission (OSHRC): Biden should nominate an official to the vacant Democrat seat.
- Railroad Retirement Board (RRB): Biden should nominate or renominate an official to the recently expired seat.
- Surface Transportation Board (STB): Biden should nominate or renominate officials to the expired Democrat seats.
- US International Trade Commission (USITC): Biden should nominate an official to the Democratic vacancy on the Commission, and either renominate or replace either of the two expired Democrat officials.
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 additional two vacant seats and its two expired seats.