Since our last update on May 23, 2024, we have seen an encouraging amount of new nominees emerging from the White House. Many of these nominations, thankfully, address long standing expirations, vacancies, and partisan gridlocks that have long defined the 40 independent agencies that we track. That said, few confirmations emerged from the Senate this summer, and we continue to advocate for simple, common sense, Senate rule changes to hasten the confirmation process and to aid in the staffing and fuel basic functionality of the federal government.
Since our last update, confirmations of Democrats to the Federal Energy Regulatory Commission (FERC), Federal Labor Relations Authority (FLRA), Defense Nuclear Facilities Safety Board (DNFSB), and the Nuclear Regulatory Commission (NRC) have secured stable quorums, and long-overdue (Biden has been president for more than 43 months!) Democratic majorities at these agencies. These confirmations will guarantee continuity at these boards, regardless of the outcome of the November election, and ensure that the crucial work these agencies oversee is not (immediately) vulnerable to the guttings of the federal government as has been promised by Project 2025.
We have been heartened by these confirmations, and the promise of protections for the American public that they ensure. Yet, there remain crucial nominees whose confirmations must be a priority for the White House and its allies in the Senate, especially as Election Day ticks closer and an Administration change may well be imminent. Specifically, Senate Dems should prioritize the confirmations of leaders like Christy Goldsmith Romero to be Chair of the Federal Deposit Insurance Commission (FDIC). For context, reporting about the FDIC’s drastic mismanagement and abusive workplace conditions led Martin Gruenberg, a Democrat, to offer his resignation upon the confirmation of a successor. These conditions were, and remain, unacceptable, and we are heartened to see deliberate change in the Commission’s leadership such that real, institutional, reforms can be enacted. However, for such reforms to fully be realized we still believe Republican Vice Chairman Travis Hill should receive comparable scrutiny for his apparent hand in the abuse endemic to the organization when he was a senior staffer at the FDIC under former Chair Jelena McWilliams.
Democrat Caroline A. Crenshaw should also be quickly re-confirmed to her Commissioner position at the Securities and Exchange Commission (SEC), which expired in June. Though Crenshaw does not have to vacate the Commission until December 2025, Crenshaw’s re-confirmation could guarantee Democrats a regulatory majority at the Commission through June of 2026 regardless of what happens this November.
Other priority nominations for Senate strategists to consider are Julie Siegel for the Commodity Futures Trading Commission (CFTC) and Marcus D. Graham at the Farm Credit Administration (FCA). Sigel is nominated to replace FDIC nominee Christy Goldsmith Romero in her former role at the CFTC. Should Siegel be confirmed, it would secure a Democratic majority at the commission until at least April of 2025, with potential to continue until January of 2027 when Kristin N. Johnson must vacate her seat. However, with Johnson currently nominated to be an Assistant Secretary of the Treasury, the Biden administration should quickly nominate and fight to confirm a potential replacement for Johnson’s rest of term should she depart for Treasury. Should Graham be confirmed, it will secure Democrats a majority at the agency for the first time during Biden’s administration, and guarantee that majority through at least May of 2026.
For more information about particular agencies and nominations see our Agency Spotlight.
New Nominations this Summer:
President Biden has nominated 17 additional people to independent agency boards since May 23, 2024. These totals exclude re-nominations of those candidates already seated on boards. Those nominations are to the:
- Commodities Future Trading Commission: Democratic Commissioner Julie Brinn Siegel
- Defense Nuclear Facilities Safety Board: Democratic Member William Isaac White
- Federal Deposit Insurance Commission: Democratic Chair Christy Goldsmith Romero
- Federal Maritime Commission: Democratic Commissioner Carl Whitney Bentzel; Republican Commissioner Louis E. Sola
- Federal Mine Safety and Health Review Commission: Non-Partisan Commissioner Marco M. Rajkovich Jr.
- National Indian Gaming Commission: Democratic Chair Patrice H. Kunesh
- National Labor Relations Board: Democratic Member Lauren McGarity McFerran; Republican Member Joshua L. Ditelberg
- National Transportation Safety Board: Democratic Member Thomas B. Chapman
- Nuclear Regulatory Commission: Democratic Commissioner Matthew James Marzano
- Privacy and Civil Liberties Oversight Board: Republican Member J. Tyler McGaughey
- Railroad Retirement Board: Non-Partisan Member Deborah Lynn Halvorson Bush
- Securities and Exchange Commission: Democratic Commissioner Caroline A. Crenshaw
- United States International Trade Commission: Republican Commissioner William Patrick J. Kimmitt
- United States Postal Service Board of Governors: Democratic Governor Val Butler Demings; Republican Governor William Zollars
The total number of Biden’s outstanding independent agency nominations, i.e. nominees still awaiting Senate confirmation, now stands at 26. Across the 40 independent agencies that we track, this represents 39 percent of the 66 eligible-for-nomination seats Biden could fill. These 66 seats are presently composed of 28 outright vacancies and 38 positions occupied by officials with expired terms. Four of the 28 vacancies (14 percent) and 15 of the 38 expired seats (39 percent) could be filled by Democratic nominees. Biden can also fill an additional 13 vacant seats (46 percent of total vacancies) and 11 expired seats (28 percent of total expirations) with the nomination of non-partisans to independent agency boards.
Confirmations Since May:
Since our last update (May 23, 2024), the Senate has confirmed five officials across the 40 agencies that we track.
- Defense Nuclear Facilities Safety Board (DNFSB): Democratic Member, Patricia L. Lee
- Federal Energy Regulatory Commission (FERC): Democratic Commissioner, Judy W. Chang
- Federal Labor Relations Authority (FLRA): Democratic Member, Anne Marie Wagner; Republican Member Colleen Duffy Kiko
- Nuclear Regulatory Commission (NRC): Democratic Commissioner Christopher T. Hanson
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.
- Surface Transportation Board (STB): The STB is currently mired in partisan gridlock, with two Democratic Members and two Republican Members currently staffing the Board. Biden should quickly nominate one Democratic Member to ensure Democrats a majority at the agency.
Democratic Majorities Delayed While Awaiting Confirmation:
Democratic majorities at the following boards have been stalled by the broken Senate confirmation process.
- Farm Credit Administration (FCA): Marcus D. Graham’s confirmation on the FCA will give Democrats a 2-1 majority on the Administration.
- National Indian Gaming Commission (NGIC): Patrice H. Kunesh’s confirmation on the NGIC will give Democrats a majority on the Commission.
- Nuclear Regulatory Commission (NRC): NRC is currently experiencing partisan gridlock, with two Republican commissioners and two Democratic commissioners awaiting the confirmation of Democrat Matthew James Marzano.
- United States Postal Service (USPS): Martin Joseph Walsh and Val Butler Demings’ confirmations as Democratic Governors would break the existing partisan gridlock on the board. However, due to the presence of one Independent Governor, Amber Faye McReynolds, the confirmation of Republican Governor William Zollars will bring the Board back into partisan gridlock.
We are encouraged by the progress that has been made in the last year on finally addressing the dire state of independent agency nominations and confirmations. With less than three months until Election Day, however, some of this progress may have been too little, too late. We hope that the White House will commit to a proactive nomination process to ensure staffing continuity at independent agencies, and that the Senate commits itself to good-faith confirmation processes and to common sense reforms that prevent the bad-faith weaponization of process by anti-democratic and obstructionist partisans.
Newly Expired Democratic or Non-Partisan Seats:
Looming expirations in order of mandated vacancy date:
- 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
- Federal Maritime Commission (FMC)
- *Carl Whitney Bentzel, Democrat, term expired 6/30/2024, must vacate by 6/30/2025*
- Securities and Exchange Commission (SEC)
- *Caroline A. Crenshaw, Democrat, term expired 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*
NOTE: Expiring seats that have a nominee, but whose nominees are not yet confirmed, are designated with a **
Soon-to-Be Expired Democratic or Non-Partisan Seats Organized By Required Vacancy Date:
- National Labor Relations Board (NLRB)
- *Lauren McGarity McFerran, Democrat, term expiring 12/16/2024, must vacate by 12/16/2024*
- Export-Import Bank of the United States (EXIMBANK)
- Reta Jo Lewis, Democrat, term expiring 1/20/2025, must vacate by 7/20/2025
- Judith DelZoppo Pryor, Democrat, term expiring 1/20/2025, must vacate by 7/20/2025
- Postal Regulatory Commission (PRC)
- *Ashley Jay Elizabeth Poling, Democrat, term expiring 11/22/2024, must vacate by 11/22/2025*
NOTE: Expiring seats that have a nominee, but whose nominees are not yet confirmed, are designated with a **
Expiring, or Expired, Democratic or Non-Partisan Seats That May Remain Until Otherwise Filled, Organized By Expiration Date:
- National Mediation Board (NMB)
- Linda Puchala, Democrat, term expired 7/1/2024
- Railroad Retirement Board (RRB)
- Johnathan Bragg, non-partisan, term expired 8/28/2024
- Federal Retirement Thrift Investment Board (FRTIB)
- Stacie Olivares, Democrat, term expiring 9/25/2024
- Federal Trade Commission (FTC)
- Lina Khan, Democrat, term expiring 9/25/2024
- Defense Nuclear Facilities Safety Board (DNFSB)
- Joyce L. Connery, Democrat, term expiring 10/18/2024
- United States International Trade Commission (USITC)
- Jason E. Kearns, Democrat, term expiring 12/16/2024
- Privacy and Civil Liberties Oversight Board (PCLOB)
- Edward Felten, Democrat, term expiring 1/29/2025
NOTE: Expired, or expiring, seats that have a nominee, but whose nominees are not yet confirmed, are designated with a **
Other Agencies Awaiting 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 Commission’s two expired seats and one vacant seat.
- Internal Revenue Service Oversight Board (IRSOB): Biden should nominate at least three officials to the Board in order to restore its quorum.
- National Mediation Board (NMB): Biden should nominate or renominate an official to the Board’s expired democratic 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 Board’s two expired seats lacking a current nominee.
- Surface Transportation Board (STB): Biden should nominate or renominate an official to the Board’s expired Democrat seat.
- United States International Trade Commission (USITC): Biden should nominate or renominate officials to the two expired Democratic Commissioner seats.
- United States Parole Commission (USPC): Biden has already 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 to two expired seats.