Republican Richard Kloster, whose nomination to an open seat on the Surface Transportation Board (STB) failed to exit the Senate Commerce Committee during the first session of the 119th Congress, has been renominated by POTUS 47.
The Kloster nomination is to fill a seat left vacant by the May 2024 retirement of Democrat and former STB Chairperson Martin J. Oberman. The seat became Republican upon the inauguration of Republican POTUS 47 to succeed Democrat Joe Biden, as political majorities of independent federal agencies match the political party of the President.
There is no requirement for a second Kloster confirmation hearing, although one may be scheduled by Chairperson Ted Cruz (R-Tex.). For Kloster’s second nomination to advance to the Senate floor for a confirmation vote, he still must receive a majority of Commerce Committee member votes in an Executive session.
While the nomination of Republican Michelle A. Schultz was advanced to the Senate floor Nov. 19—where on Dec. 18 she was confirmed to a second five-year term—Cruz did not call up Kloster’s nomination for a vote on Nov. 19, even though both appeared together before the committee Nov 6 for a hearing into their qualifications. Sources say the reason Kloster’s nomination did not receive a committee vote Nov. 19 was “paperwork delay,” but that often is boilerplate explanation for other issues.
Although Kloster, at his Nov. 6 confirmation hearing, fumbled a basic question on administrative procedure—not understanding what a “record” of proceedings is—numerous nominees in the past have done worse during what is, arguably, a stressful interrogation for those not familiar with such hearings.
More likely is Democratic opposition—and no current Republican pushback—to confirming a third Republican on the five-member STB at a time that one Democratic seat is vacant owing to POTUS 47’s lawfully questioned firing of Democrat Robert E. Primus.
The STB’s governing statute does not provide for a quorum, and it can function with as few as just one member—a matter of significance given that the largest railroad merger in history is currently before the STB and is expected to be voted upon in early 2027.
Kloster may find himself in limbo at least until the Primus issue is settled or another Democrat is nominated and Senate-confirmed. In the meantime, Kloster is being provided staff briefings—both on and off-site—on issues before the agency so he is up-to-speed should he be Senate-confirmed.
If Kloster, 67, is confirmed, his term will expire Dec. 31, 2028, as STB terms coincide with seats rather than individuals—the expiration being that of Oberman’s first term had he not retired.
The seat held by 56-year-old Primus until his firing, and now open, expires Jan. 14, 2029.
The lone occupied Democratic seat is held by Karen J. Hedlund, 77, whose first term expired Dec. 31. The STB’s governing statute, however, allows a maximum 12-month holdover or until a successor is Senate confirmed. POTUS 47 has not indicated whether he intends to nominate Hedlund to a second term.
Should Hedlund be nominated and confirmed to a second term, she would become the oldest of 117 current and former sitting members of the STB and its Interstate Commerce Commission (ICC) predecessor. Oberman, the oldest to enter office at 73, departed at 78, tying him with ICC member J. Monroe Johnson (1940-1956) for the oldest to serve.
The second term of Republican Schultz, 53, expires Nov. 30, 2030. The other STB Republican now serving—giving the STB a 2-1 Republican majority—is Chairperson Patrick J. Fuchs, 37, whose second term expires Jan. 14, 2029. Fuchs was the second-youngest to enter office at age 30—Heather J. Gradison (1982-1990) the youngest, at 29.
