Since our last update on January 9, 2024, the rate of confirmations emerging from the Senate has (finally) picked up. While the majority of these confirmations involve nominees that have been pending for nearly nine months or more, their confirmations have put a sizable dent in the total number of expired seats and vacancies remaining across the independent agencies.
However, the rate of new nominations emerging from the White House remains a concern, and continues to leave several independent agencies facing imminent vacancies, risking the loss of existing quorums, and threatening Democratic majorities. Together, these vacancies, losses of quorum, and lack of Democratic majorities are still impeding progressive leadership, policymaking, and sometimes even basic function in several independent agencies, just six months shy of the 2024 election.
Since our last update, progress has been made at several independent agencies that are currently understaffed or without quorum. Biden’s three nominations to the Federal Energy Regulatory Commission (FERC) helped address FERC’s current understaffing and the threat of partisan gridlock, and confirmations of these nominees will maintain the Commission’s Democratic majority even after Allison Clements’ seat expires this June. Biden’s nomination of Anne Marie Wagner also offers the chance for the Federal Labor Relations Authority (FLRA) to move out of partisan gridlock and to acquire a Democratic majority, even if the lone Republican, Colleen Duffy Kiko’s, re-nomination is confirmed.
However, several other independent agencies are still missing a quorum. The Occupational Safety and Health Review Commission (OSHRC) is still lacking its quorum despite Biden’s nomination to the Republican seat which is yet to be confirmed. Biden should move quickly to nominate a Democrat to the other remaining vacant seat to both give OSHRC the necessary staffing to decide upon its cases and also to protect and maintain the commission’s Democratic majority. Additionally, the Defense Nuclear Facilities Safety Board (DNFSB) will regain its quorum and Democratic majority upon the confirmation of Democrat Patricia L. Lee.
Additionally, scrutiny on mismanagement and awful workplace conditions at the Federal Deposit Insurance Corporation (FDIC) have led Chairman Martin Gruenberg, a Democrat, to offer his resignation upon the confirmation of a successor. Oddly, Vice Chairman Travis Hill (Republican) has not yet received comparable scrutiny for his role as a senior staffer at the FDIC under former Chair Jelena McWilliams. It strikes us as proportionate and appropriate that replacements for each be nominated so that the FDIC can begin to turn the page on its history.
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 Spring:
President Biden has nominated ten additional people to independent agency boards since January 8, 2024. These totals exclude re-nominations of those candidates already seated on boards. Those nominations are to the:
- Democratic Nuclear Facilities Safety Board (DNFSB): Board Member, William Isaac White
- Farm Credit Administration (FCA): Member, Marcus D. Graham
- Federal Energy Regulatory Commission (FERC): Commissioner, Lindsay S. See
- Federal Energy Regulatory Commission (FERC): Commissioner, David Rosner
- Federal Energy Regulatory Commission (FERC): Commissioner, Judy W. Chang
- Federal Labor Relations Authority (FLRA): Member, Anne Marie Wagner
- Federal Mine Safety and Health Review Commission (FMSHRC): Commissioner, Moshe Z. Marvit*
- Merit Systems Protection Board (MSPB): Member, Henry J. Kerner*
- United States Parole Commission (USPC): Commissioner, Almo J. Carter*
- United States Postal Service (USPS): Governor, Martin Joseph Walsh
Three of those nominated individuals were initially nominated in the previous Congressional session, whose nomination processes restarted in January when their nominations were sent back to the President by the Senate under Senate Rule XXXI, and then returned to the Senate this January in the new session. Those nominees are noted with an (*).
Including these nominations, the total number of Biden’s outstanding independent agency nominations, i.e. nominees still awaiting Senate confirmation, stands at 17. Across the 40 independent agencies that we track, this represents 27 percent of the 63 eligible-for-nomination seats Biden could fill. These 63 seats are presently composed of 28 outright vacancies and 35 positions occupied by officials with expired terms. Respectively, eight of the 28 vacancies (29 percent) and 14 of the 34 expired seats (40 percent) could be filled by Democratic nominees. Biden can also fill an additional 12 vacant seats (42.9 percent of total vacancies) and seven expired seats (22.9 percent of total expirations) with the nomination of non-partisans to independent agency boards.
Despite a slew of still pending confirmations, the total number of nominees pending confirmation, total vacancies, and officials with expired terms has decreased since our last update in January, showing some progress, even if slow, on staffing at independent agencies.
Confirmations Since January:
Since our last update (January 8, 2024), the Senate has confirmed 11 officials across the 40 agencies that we track.
- Consumer Futures Trading Commission (CFTC): Republican Commissioner, Summer Kristine Mersinger
- Consumer Product Safety Commission (CPSC): Republican Commissioner, Douglas Dziak
- Federal Mine Safety and Health Review Commission (FMSHRC): Non–Partisan Commissioner, Moshe Z. Marvit
- Federal Trade Commission (FTC): Democratic Commissioner, Rebecca Kelly Slaughter
- Federal Trade Commission (FTC): Republican Commissioner, Melissa Holyoak
- Federal Trade Commission (FTC): Republican Commissioner, Andrew N. Ferguson
- National Mediation Board (NMB): Republican Member, Loren E. Sweatt
- National Mediation Board (NMB): Democratic Member, Linda Puchala
- National Mediation Board (NMB): Democratic Member, Deirdre Hamilton
- National Transportation Safety Board (NTSB): Democratic Member, Alvin Brown
- National Transportation Safety Board (NTSB): Republican Member, J. Todd Inman
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. After Democratic nominees Patricia L. Lee and William Isaac White are confirmed, the Board will once again hold a Democratic majority.
- 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.
- Nuclear Regulatory Commission (NRC): The NRC currently is at partisan gridlock with two Democrats and two Republicans, as well as one vacancy. Biden should nominate a Democrat to the vacant seat quickly in order to break the gridlock and restore a Democratic majority.
- 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.
- United States International Trade Commission (USITC): USITC is currently in partisan gridlock, with two Democrats and two Republicans sitting on the commission. However, two of the Democratic seats, and one Republican, are expired, with no vacancy date, and there are two vacancies, one Democratic and one Republican, that are also still unfilled. Biden should nominate or renominate Democrats to the expired seats, as well as nominate a Democrat to the vacant seat, to break the partisan gridlock 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 Energy Regulatory Commission (FERC): While FERC currently has a Democratic majority, the impending expiry of Allison Clements’ seat threatens the majority with gridlock and the loss of the commission’s quorum. The confirmation of David Rosner and Judy W. Chang will both maintain the Democratic majority, and restore quorum, even if Republican Lindsay S. See is confirmed.
- 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.
- Postal Regulatory Commission (PRC): Ashley Jay Elizabeth Poling’s re-confirmation will protect Democrats’ 3-2 majority on the commission, even if Republican Ann C. Fisher’s nomination is confirmed.
- United States Postal Service (USPS): Martin Joseph Walsh’s confirmation as a Democratic Governor will break current partisan gridlock on the board of governors, giving it a Democratic majority, with one vacant Republican governor position.
- 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 it is a positive sign that dysfunction in the Senate has improved very slightly in confirming nominees who have been long awaiting confirmation, the administration continues to be sluggish in naming nominees, especially nearing the end of its first term. Together, both continue to prove as significant obstacles 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
- Postal Regulatory Commission (PRC)
- Ashley Jay Elizabeth Poling, Democrat, term expiring 11/22/2024, must vacate by 11/22/2025
- 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 expired 4/13/2024, must vacate by 1/2/2026
About to be expired Democratic or non-partisan positions that may remain until the position is otherwise filled:
- National Mediation Board (NMB)
- Linda A. Puchala, term expires 7/1/2024
- Railroad Retirement Board (RRB)
- Johnathan Bragg, term expires 8/28/2024
- Federal Trade Commission (FTC)
- Lina Khan, term expires 9/25/2024
- Federal Retirement Thrift Investment Board (FRTIB)
- Stacie Olivares, term expires 9/25/2024
- Defense Nuclear Facilities Safety Board (DNFSB)
- Joyce L. Connery, term expires 10/18/2024
Other Agencies Awaiting Democratic Nominations:
- Chemical Safety and Hazard Investigation Board (CSHIB): Biden should nominate two officials to the nonpartisan vacancies on the Board.
- Election Assistance Commission (EAC): Biden should nominate or renominate officials to the two expired Democrat seats 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 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 Indian Gaming Commission (NIGC): Biden should nominate an official to the expired seat on the board.
- National Transportation Safety Board (NTSB): Biden should nominate or renominate an official to the expired Democrat seat.
- Nuclear Regulatory Committee (NRC): Biden should nominate an official to the vacant Democrat seat on the committee.
- Occupational Safety and Health Review Commission (OSHRC): Biden should nominate an official to the vacant Democrat seat.
- Privacy and Civil Liberties Oversight Board (PCLOB): Biden should nominate an official to the expired 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 seat.
- 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.
United States Postal Service (USPS): Biden should nominate one individual to the expired Democrat seat on the board of governors.