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# No Movement on Nominating FDA Commissioner
- URL: https://www.fdaweb.com/no-movement-on-nominating-fda-commissioner/
- Published: 2021-04-06T12:00:00.000Z
- Updated: 2026-09-14T16:53:50.000Z
- Author: David McFarland
- Tags: FDA Policy/General, #legacy-id-D5149045

*It’s been two and a half months since the inauguration and the Biden Administration does not appear to be in any rush to nominate an FDA commissioner, which could leave current acting commissioner *Janet Woodcock* at the helm for almost the remainder of the year, if the administration so chooses. Under the Federal Vacancies Reform Act of 1998 (*[*here)*](https://www.gsa.gov/cdnstatic/Vacancies%5FReform%5FAct%5F1998.pdf?ref=fdaweb.com)*, Woodcock could serve as acting commissioner for an extended 300 days, according to* [*Alliance for a Stronger FDA*](https://strengthenfda.org/2021/04/03/legal-limitations-on-appointment-of-new-fda-commissioner/?ref=fdaweb.com) *executive director *Steve Grossman*. Woodcock could continue in her current role through mid-November unless she or another individual has been nominated, and if that happens she would be able to remain in the post until the nominated person is confirmed.*  

*Now that former California attorney general* **Xavier Becerra** *has been sworn in as HHS secretary, many FDA observers were hoping for an expedited commissioner nomination. The Alliance has already urged him to swiftly nominate and seek prompt confirmation of a permanent commissioner. “FDA’s leadership has never been more essential than today, as we face the challenges posed by COVID-19 as well as constantly accelerating developments in science, technology, innovation, and social trends,” said Alliance president* **Ronald Bartek**. *“FDA needs a Senate-confirmed leader during these difficult and rapidly changing times. Accordingly, the Alliance for a Stronger FDA urges the new Administration and secretary Becerra to nominate an FDA commissioner swiftly.”*

*Last month, six former FDA commissioners urged President Biden to prioritize the nomination and confirmation of the agency’s top job, even throwing support behind a Woodcock nomination (*[*see story*](https://www.fdaweb.com/six-former-fda-heads-urge-biden-to-pick-commissioner/)*). In a 3/9 letter, the group expressed concern about the Trump Administration’s interference with the agency’s independence and lack of support to carry out essential science-based regulatory activities during the Covid-19 public health emergency. “To continue to advance the agency’s mission, and promote its independent role, we urge you to prioritize securing \[FDA’s\] leadership team,” they wrote. The letter was signed by* **Robert Califf** *,* **Scott Gottlieb** *,* **Margaret Hamburg** *,* **Jane Henney** *,* **Mark McClellan** *, and* **Andrew von Eschenbach** *.*