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Analysis of Senate Confirmation Delays Under Recent Administrations

Recent findings reveal that President Joe Biden’s nominees have experienced significant delays in the Senate confirmation process, averaging 121 days in committee and 70 days on the Senate floor before securing approval. This timeframe is notably longer than those observed during previous administrations, particularly suggesting that Biden’s confirmations take twice as long in committee and 15 times longer on the Senate floor compared to the nominations of George H.W. Bush, according to a report released by the Partnership for Public Service.

Author Husam AlZubaidy emphasized that understanding the causes behind these delays is crucial for implementing reforms. These changes could aid future presidents, including Donald Trump in a potential second term, in swiftly assembling their leadership teams and ensuring qualified nominees serve effectively in executive roles.

During Donald Trump’s initial presidency, the confirmation of his nominees averaged 160.5 days. As the President-elect prepares for a possible second term, he has urged the Senate to allow him to utilize recess authority. This constitutional provision enables a president to appoint individuals to positions that would generally require Senate confirmation, provided the Senate is in recess, for up to two years.

The report highlights that one effective strategy to mitigate confirmation delays could be reducing the extensive list of presidential appointees requiring Senate approval, currently exceeding 1,300 positions. The Partnership advocates for a thorough review of confirmation requirements, especially concerning non-controversial boards and commissions, to streamline the process.

Significantly, the delays are largely attributed to the increasing use of cloture votes by the opposition party against presidential nominees. Cloture votes serve to formally end debate on a nomination but often lead to prolonged approval processes. Historical data shows that during the first two years of the Obama, George W. Bush, Clinton, and H.W. Bush administrations, the number of combined cloture and nomination votes was 40 or fewer. In contrast, Trump’s tenure saw 78 cloture votes and 121 votes related to nominations. Similarly, during Biden’s initial two years, there were 144 cloture votes alongside 183 votes on nominations.

“The increase in cloture and nomination votes indicates a breakdown in the confirmation system, leading to a necessity for multiple voting rounds to finalize nominee considerations,” stated Partnership staff member Chris Piper in a 2023 blog. “Consequently, the Senate spends an increasing amount of time addressing each nominee individually.”

In addition to these observations, the report suggests streamlining nomination paperwork and offering more support for nominees as potential measures to enhance efficiency. Furthermore, improving the Senate’s privileged nomination process, which allows for expedited considerations for 285 nominations—most of which pertain to part-time roles—could also help address delays.

Focusing on the findings specific to the Biden administration, the report assessed civilian nominations as of May 16, 2024, excluding judicial nominees and certain privileged nominations. It noted that about 92% of Biden’s nominees were cleared by committees, and 97% of those were confirmed by the Senate. Notably, the categories facing the longest delays on the Senate floor predominantly included assistant secretary-level nominations and various commission memberships.

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