Senate Confirmation Process
Slows to a Crawl
Confirmations Take Twice as Long Today as They Did During the Reagan Administration
Highlights
The average Senate confirmation process for presidential
appointments takes more than twice as long under President
Donald Trump (115 days) as it did during President Ronald
Reagan’s time in oce (56.4 days).
The pace is particularly pronounced for sub-Cabinet roles. During
President Barack Obama’s administration and Trump’s first three
years, it took nominees for these jobs about 3.5 times as long to be
confirmed as nominees for Cabinet positions, 115.3 days compared
with 30.9 days.
Divided government has not necessarily resulted in longer
confirmation periods. When the same party controlled both
the White House and Senate, the average confirmation took
83.3 days compared with 81.2 days when they were controlled
by dierent parties.
Whomever is inaugurated a year from now—President Trump
or the eventual Democratic nominee—would benefit from early
planning to secure quick appointee confirmations. Presidents
have the most success filling Senate confirmed positions
during their first and fifth years in oce. The average time for
confirmation was faster in year one (61.7 days) than any other
year. For second term presidents, year five confirmations
(81.6 days) were faster than subsequent years.
This study only covers the period between a formal nomination
and Senate confirmation—meaning the entire nomination process
can take six months to a year for many nominees. This study does
not cover the vetting, background checks and security clearances
that take place before a formal nomination is sent to the Senate.
According to one study from 2010, the selection and vetting process
takes about 70% of the overall time for presidential nominees while
the Senate’s role takes about 30%.
Trump
Year 1
Same Party
Dierent
Parties
Sub-Cabinet
Reagan
Year 5
Cabinet
56.4 days
81.6 days
81.2 days
30.9 days
115 days
61.7 days
83.3 days
115.3 days
70%
30%
days. For President Obama, the average was almost 40%
longer112.4 days.
These results are averages and the range is quite
large. Some confirmations are completed in just a few
weeks, even with Senate committee hearings. Others,
however, can take much longer. Since 2009, there have
been 31 appointments that took more than a full year to
be confirmed. Of those, six took more than 500 days.
Many factors contribute to the length of time that
nominations remain pending in the Senate. Senate rules
are not built for quick decisions while time constraints
and competing priorities crowd out speedy consideration
of nominees. Applicants must fill out significant
paperwork, and on some occasions, administrations
have submitted incomplete or erroneous forms to the
Senate. Any senator can place a “hold” on a nominee to
attempt to extract concessions on matters unrelated to
the nominee’s qualifications. Some senators see political
gain in objecting to virtually every nominee.
Another significant factor has been the increased use
of Senate filibusters in recent years to delay nominations.
Cloture votes, the Senate’s procedural motion used
to limit debate and overcome filibusters, have also
increased dramatically to overcome filibusters. During
the first terms of the Clinton, George W. Bush and Obama
presidencies, there were only 31 cloture votes on judicial
and executive nominees combined. However, there were
150 cloture votes on judicial and executive nominees in
the two years following Obama’s 2012 reelection. And
in Trump’s first two years in oce, the Senate held 148
cloture votes on such nominees.
Confirmation process takes
even longer when excluding
Cabinet positions
Cabinet secretaries generally receive the most attention
from the Senate, White House, media and the public and
as a result are confirmed at a much faster pace than other
positions.
Over the past six administrations, Cabinet secretaries
took an average of 21 days to win confirmation by the
Senate. By contrast, the average for all sub-Cabinet
confirmations was 83.6 days, nearly four times as long.
Under Obama and Trump, these positions have taken an
average of 115.2 days to be confirmed.
Even though Cabinet nominees have been confirmed
at a much faster pace, their confirmations are taking
longer as well. Cabinet nominees were confirmed in an
average of 13.7 days under Reagan. Under Obama and
Trump, Cabinet confirmations have taken an average of
30.9 days.
Both the Senate and executive
branch have opportunities to
streamline an increasingly lengthy
confirmation process
A major presidential responsibility is to fill more
than 1,200 political appointments requiring Senate
confirmation. Few decisions have a greater impact on
the success of an administration than the selection of
its people in critical leadership roles. A president must
not only select well-qualified appointees, but must also
work with relevant federal agencies and the Senate to get
appointees in their jobs quickly. This task is especially
crucial for presidents beginning their first term, and
those transitioning to a second term, as year five of an
eight year term usually coincides with a turnover of more
than 40% in senior leadership positions.
The confirmation process has become more
cumbersome over time because the Senate’s responsibility
to “advise and consent” takes far longer now than it did in
previous years.
Despite changes in technology and Senate rules,
the ocial confirmation process takes more than twice
as long now as it did during President Ronald Reagan’s
administration. During President Donald Trump’s first
three years in oce, the Senate took an average of 115 days
to confirm nominees compared with 56.4 days during
Reagan’s two terms.
1
In 2019 alone, the Senate took an
average of nearly 136 days to confirm appointees.
2
During
three of President Barrack Obama’s eight years in oce,
the average confirmation process exceeded 140 days.
This lengthy period only includes the time between a
president’s ocial nomination of appointees to the Senate
and when the Senate votes on confirmation. In practice,
the process begins much earlier with the identification
and selection of the appointee, internal vetting and the
time it takes for a potential nominee to complete forms,
an FBI background check and a review by the Oce of
Government Ethics. This process alone can easily take
months—far too long.
While the numbers fluctuate from year-to-year, the
trend of slower confirmations is clear. During President
Bill Clinton’s two terms, the average time between the
formal nomination and Senate confirmation was 81.2
1 Data for the report only includes appointees who were confirmed.
Data for the Trump administration includes nominations through Dec.
31, 2019. The data was compiled by the Partnership for Public Service’s
Center for Presidential Transition ® and was gathered from Congress.gov.
It includes civilian nominations with exceptions for part-time positions,
judges, U.S. marshals, attorneys and positions in the legislative branch.
The confirmation process is defined as the time between a president
sending a formal nomination to the Senate and the confirmation vote.
2 On April 4, 2019, the Senate changed its rules to decrease the amount
of time allowed for debating nominations from 30 hours to two hours.
This change sped up the process for subsequent appointments made by
the president. Confirmations for nominees submitted after the April 4
rule change until the end of the year took an average of 104.5 days.
0
20
40
60
80
100
120
140
160
20192017201520132011200920072005200320011999199719951993199119891987198519831981
Average number of days for the Senate to confirm presidential nominations
Data compiled by the Center for Presidential Transition from Congress.gov. Only includes confirmed civilian nominations.
Reagan
56.4
H.W. Bush
61.4
Clinton
81.2
W. Bush
85.0
Obama
112.4
Trump
115.0
Recommendations for improving the Senate confirmation process
The Partnership for Public Service advocates for changes that would streamline the confirmation process. The
recommendations include:
Presidential transition teams should identify and select well-qualified candidates for Senate-confirmed positions
before the presidential election.
The Senate should reduce the number of presidential appointments subject to Senate confirmation.
All ocials should work to change the presumption that well-qualified appointees serving in management
positions will be replaced when there is a change in administration.
Congress and the executive branch should simplify paperwork to reduce the burden on nominees.
Congress and the incumbent administration should ensure the FBI, Oce of Government Ethics and relevant
agencies are prepared for a surge in nominations in the first and fifth years of a presidency.
The administration and nominees should submit timely, accurate and complete paperwork to the Senate to
minimize the delay caused by revisions.
The Senate should reexamine the “privileged calendar” to expedite noncontroversial nominations.
The legislative and executive branches should work across party lines to ensure the most important Senate-
confirmed positions are filled in the first 100 days of a first or second term.
Presidents have the most success
filling Senate-confirmed positions
during their first and fifth years in
oce
The Senate confirmed presidential nominations faster
in an administration’s first year than in any other year
of a president’s term. For the past six presidents, the
confirmation process during the first year averaged 61.7
days, more than 18 days faster than any other year. This
is in part because presidents often have a honeymoon
period soon after their inauguration and because many
early nominations involve highly ranked positions that
receive priority. Even so, the process remains slow. For
example, during the last four decades, Reagan had the
most success in clearing nominations early in his first
term. Even with this success, however, Reagan only had
81 confirmed appointees in place after 100 days while
about 50 more nominations were still working their way
through the Senate.
0
20
40
60
80
100
120
140
160
20192017201520132011200920072005200320011999199719951993199119891987198519831981
Average number of days for Senate confirmations for Cabinet secretaries and others
Cabinet Secretaries
Other positions
Data compiled by the Center for Presidential Transition from Congress.gov. Only includes confirmed civilian nominations. Cabinet secretaries are
for the 15 Cabinet-level executive branch departments. There were no Cabinet nominations in 1984, 1990, 1996, 2002, 2010 and 2012.
Average number of days for the Senate to
confirm presidential nominations
President’s year in oce
1 61.7 days
2 80.0
3 102.1
4 79.6
5 81.7
6 89.2
7 113.2
8 87.1
Total 82.4
President’s term
First 76.8
Second 92.6
Data compiled by the Center for Presidential Transition
from Congress.gov. Includes only confirmed nominations
from 1981 to 2019.
Data for the Trump administration is for first three years in
oce, 2017 to 2019.
Confirmations move faster for
presidents in first terms than in
second terms
Presidents in their first terms secured confirmations
faster (an average of 76.8 days) compared with those in
second terms (92.6 days).
Presidents entering a second term have strong
incentives to make nominations early. Year five provided
the shortest average time for nominations during second
terms (81.7 days). That was a full month less than
nominations during year seven, for example, where the
average was 113.2 days.
Divided government does not
necessarily mean a slower
confirmation process
Many observers presume that when a single party controls
both the Senate and the White House, confirmation
processes would be much faster. However, data from the
past four decades show this is not necessarily the case.
When the same party controlled both the Senate and the
White House, the average confirmation took 83.3 days.
When dierent parties controlled the presidency and
the Senate, the confirmation process took about the same
amount of time—an average of 81.2 days.
3
However, the story of divided government is more
complicated. At times, opposing parties have confirmed
nominees quickly. For example, during the 101st Congress
(1989-1990) when George H. W. Bush was president and
Democrats controlled the Senate, confirmations took
an average of 58.9 days. By contrast, when Obama was
president during the 112th Congress (2011-2012) with a
Democratic-led Senate, the average was 137.3 days—the
third-highest average for any year during the past four
decades.
3 This data considers the 107th Congress (2001-2002) as being under
Democratic control. Democrats controlled the Senate for most of the 107th
Congress, but Republicans had control for about six months in early 2001
until Senator Jim Jeords switched his party aliation to Independent,
handing control to Democrats for the rest of the term. If the 107th
Congress is excluded from this data, the numbers change only slightly. In
that case, when the same party controls both the Senate and White House,
the average confirmation took 83.3 days compared with 85.7 days when the
two are controlled by dierent parties.
Conclusion
Presidential appointees requiring Senate confirmation
face a process that is longer, harder, more public and
more complex than their predecessors faced 40 years
ago. While our nation relies on talented individuals to
assume leadership roles in government, the diculty
of navigating the Senate confirmation process makes
the prospect of a presidential appointment daunting.
Many service-minded people even forego a presidential
appointment because the lengthy process takes a heavy
toll on their professional and personal lives.
The federal government will operate most eectively —
and be most accountable to the public—when the best
and the brightest are moved to serve their country.
Senators should work across party lines to confirm
qualified appointees and consider reforms to make the
process run smoothly. And every administration will
benefit from starting early and moving with speed to sta
the government.
Methodology
All data was downloaded from the nomination
information available on Congress.gov. The study
includes 8,551 confirmed presidential nominations
needing Senate approval from Jan. 20, 1981, through
Dec. 31, 2019. Most civilian appointments were included
with some exceptions. Part-time positions were excluded
along with judges, marshals, attorneys and positions
in the legislative branch. Military appointments were
excluded unless they are designated by statue as a civilian
appointment or otherwise mentioned explicitly in the
report. Reappointments are included.
For the sake of the study, Dec. 31, 2019, was considered
the end of Trump’s third year in oce.
For individuals confirmed to multiple positions
at nearly the same time, only data from the highest-
ranking position was included. For example, Inez Moore
Tenenbaum was nominated twice on June 9, 2009: once to
be chairman of the Consumer Product Safety Commission,
and separately to be a commissioner on the Consumer
Product Safety Commission. For the sake of the study, only
her nomination for the chairman position was included.
Nominations were considered Cabinet positions
for the 15 Cabinet-level departments. These are the
departments of Agriculture, Commerce, Defense,
Education, Energy, Health and Human Services,
Homeland Security, Housing and Urban Development,
Justice, Labor, State, Interior, Treasury, Transportation
and Veterans Aairs.
The 107th Congress was unique because the Senate
switched majorities from Democratic to Republican and
then back to Democratic control. For the study, the 107th
Congress was counted as being led by Democrats because
they were the majority for most of the session.