Monday April 03, 2023

Dziak Nominated to Join CPSC as Second Republican

Douglas Dziak is the nominee for the open commissioner position at CPSC. If confirmed, he would step into slot vacated by ex-Commissioner Dana Baiocco (PSL, 10/10/22). The term expires in October 2024. He would join Commissioner Feldman as the second Republican on the commission. Indeed, he comes from Feldman's office, having served as chief counsel since 2021.

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Before, he served two stints in the Senate: He was majority staff director on the Senate budget committee in 2020-2022 and legislative director for Sen. Michael Enzi (R-Wyo.) in 2018-2020. Earlier, he was legislative director and chief counsel for Sen George Voinovich (R-Ohio) in 2009-2011 and general counsel for the Senate homeland security and government affairs committee in 2006-2009.

Between, he was in private practice at Holland & Knight from 2011 to 2017 and Nixon Peabody from 2011 to 2017.

He earned two degrees from Ohio University – an MA in Economics and a BA in economics and English. His law degree is from William & Mary.

Feldman remarked (bit.ly/3LYGtie):

"Doug has a distinguished record of public service, having held a number of senior roles in the United States Senate prior to joining CPSC as Chief Counsel to my office. CPSC operates best with a full slate of Commissioners, and American consumers will be well served with Doug at the agency. I look forward to working with him in his new role and wish him all the best during the confirmation process."

Under the CPSA provision that lets commissioners stay up to a year beyond the official end of their terms to mitigate against vacancies, Dziak could stay on the commission past the next presidential inauguration to October 2025.

Regardless of which party holds the White House next term, the Democrats' 3-2 majority – barring early departures – is in place until at least October 2025, the end of Commissioner Mary Boyle's current term.

If Dziak is confirmed, terms would run:

Douglas Dziak (R) (nominee) to October 2024 (2025).
Mary Boyle (D) to October 2025 (2026).
Peter Feldman (R) to October 2026 (2027).
Alexander Hoehn-Saric (D) to October 2027 (2028).
Richard Trumka (D) to October 2028 (2029).

If a Republican wins the Presidency in 2024, Hoehn-Saric most-certainly would be replaced as chairman but could retain the separately confirmed position of commissioner.

Terms are for seven years, are staggered, and run regardless of being filled. Thus, Dziak's nomination is for less than two years, not seven.