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Confirmation process for Xavier Becerra for secretary of health and human services

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President Joe Biden (D) announced California Attorney General Xavier Becerra (D) was his nominee for secretary of health and human services on December 7, 2020.[1] This presidential appointment required Senate confirmation.

The Senate Committee on Health, Education, Labor, and Pensions held a confirmation hearing for Becerra for February 23, 2021. The Senate Finance Committee also held a confirmation hearing on February 24, 2021.

The Senate Finance Committee did not issue a favorable report on Becerra's nomination due to a tie vote of 14-14 that ran along party lines. On March 11, 2021, the Senate agreed to discharge Becerra's nomination from the committee by a vote of 51-48. The Senate confirmed Becerra on March 18, 2021, by a vote of 50-49.[2][3][4]

The Biden Transition said of Becerra in a press release, "A former member of Congress who helped drive passage of the Affordable Care Act, Becerra led the defense of the law in the Supreme Court last month. If confirmed, Becerra will be the first Latino to lead the Department of Health and Human Services."[1]

This page includes the following information about the confirmation process:

Confirmation process

See also: Confirmation process for Joe Biden's Cabinet nominees

Confirmation vote roll call

Becerra was confirmed on March 18, 2021, by a vote of 50-49. Sen. Susan Collins (Maine) was the only Republican to support his confirmation.

Summary of Senate vote on Xavier Bceerra's nomination for secretary of health and human services (March 18, 2021)
Party Votes for Votes against Not voting
Democratic Party Democrats 47 0 1
Republican Party Republicans 1 49 0
Grey.png Independents 2 0 0
Totals 50 49 1


Click on the following table to view the full roll call.

Senate confirmation hearings

The Senate Committee on Health, Education, Labor, and Pensions held a confirmation hearing for Becerra for February 23, 2021. The Senate Finance Committee also held a confirmation hearing on February 24, 2021.

Xavier Becerra's Senate confirmation hearing, February 23, 2021
Xavier Becerra's Senate confirmation hearing, February 24, 2021

Statements on Becerra's nomination

Statements in support of Becerra's nomination

“

The story his record tells alone is clear, compelling, and persuasive. He has fought against tobacco companies, pharmaceutical companies, and polluters, and for the Affordable Care Act, reproductive rights, and the health and wellbeing of migrant children. With a record like that there can be no doubt he is going to continue to be a champion for patients as Secretary of Health and Human Services.[5]

”
—Sen. Patty Murray (D-Wash.)[6]


“

If there is an effort to paint the Attorney General as some kind of inexperienced radical, it’s just not backed up by what the committee saw last week. He respects those with whom he has differences of opinion, and he wants to find common ground with all members of this committee to solve big healthcare challenges.[5]

”
—Sen. Ron Wyden (D-Ore.)[7]


“

HHS has always been a critical role, but especially during a pandemic. Attorney General Becerra's experience will be a tremendous asset as he works to address the pandemic and make healthcare more affordable. … I know he'll put American families at the top of his agenda.[5]

”
—Sen. Debbie Stabenow (D-Mich.)[8]


Statements in opposition to Becerra's nomination

“

Curiously, the President’s candidate to run the Department of Health and Human Services is the famously partisan Attorney General of California. His recent experience in health policy seems largely limited to promoting abortion on-demand and suing groups like the Little Sisters of the Poor who dare to live out their religious convictions.[5]

”
—Senate Minority Leader Mitch McConnell (R-Ky.)[9]


“

If a doctor were nominated for Attorney General, everyone would say ‘he’s not qualified.’ Apparently, however, it is okay to nominate an Attorney General for HHS Secretary. A HHS Secretary should have some expertise in the subject matter. Previous appointees have been governors, a state insurance commissioner, health administrators or doctor, and a pharmaceutical executive.[5]

”
—Sen. Bill Cassidy (R-La.)[10]


“

Significant concerns have been raised about Attorney General Becerra’s challenges to HHS’ authority to provide a conscience exemption from the Obamacare contraception coverage mandate and enforcement of the state’s restrictive actions, including a ban on indoor religious services that was rejected by the Supreme Court.[5]

”
—Sen. Mike Crapo (R-Idaho)[7]


Financial disclosures

The Office of Government Ethics released Becerra's financial disclosures in January 2021. Click here to review them.

About the nominee

Below is an abbreviated outline of Becerra's academic, professional, and political career:[11]

About the confirmation process

See also: Appointment confirmation process

The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy. Supporters and opponents of the nominee may also testify.[12]

Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably, or without recommendation. The nomination will then go to the Senate floor for consideration. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.[13]

Other Biden Cabinet nominees

See also: Joe Biden's Cabinet and Confirmation process for Joe Biden's Cabinet nominees

The following table provides an overview of the confirmation hearings and committee and Senate votes for each of Biden's Cabinet and Cabinet-rank nominees.

Overview of confirmation process for Joe Biden's Cabinet nominees
Nominee Position Announced Senate committee Confirmation hearing Committee vote Senate vote Status
Tony Blinken Secretary of State November 23, 2020 Foreign Relations January 19, 2021 Favorable (15-3) 78-22 Confirmed on January 26, 2021
Janet Yellen Secretary of the Treasury November 30, 2020 Finance January 19, 2021 Favorable (26-0) 84-15 Confirmed on January 25, 2021
Lloyd Austin Secretary of Defense December 8, 2020 Armed Services January 19, 2021 Favorable (Voice Vote) 93-2 Confirmed on January 22, 2021
Merrick Garland Attorney General January 7, 2021 Judiciary February 22-23, 2021 Favorable (15-7) 70-30 Confirmed on March 10, 2021
Debra Haaland Secretary of the Interior December 17, 2020 Energy and Natural Resources February 23-24, 2021 Favorable (11-9) 51-40 Confirmed on March 15, 2021
Tom Vilsack Secretary of Agriculture December 10, 2020 Agriculture, Nutrition, and Forestry February 2, 2021 Favorable (Voice Vote) 92-7 Confirmed on February 23, 2021
Gina Raimondo Secretary of Commerce January 7, 2021 Commerce, Science, and Transportation January 26, 2021 Favorable (21-3) 84-15 Confirmed on March 2, 2021
Marty Walsh Secretary of Labor January 7, 2021 Health, Education, Labor, and Pensions February 4, 2021 Favorable (18-4) 68-29 Confirmed on March 22, 2021
Julie Su Secretary of Labor February 28, 2023 Health, Education, Labor, and Pensions April 20, 2023 Favorable (11-10) N/A No vote taken
Xavier Becerra Secretary of Health and Human Services December 7, 2020 Health, Education, Labor, and Pensions
/ Finance		 February 23, 2021 / February 24, 2021 No recommendation (14-14) 50-49 Confirmed on March 18, 2021
Marcia Fudge Secretary of Housing and Urban Development December 10, 2020 Banking, Housing, and Urban Affairs January 28, 2021 Favorable (17-7) 66-34 Confirmed on March 10, 2021
Pete Buttigieg Secretary of Transportation December 15, 2020 Commerce, Science, and Transportation January 21, 2021 Favorable (21-3) 86-13 Confirmed on February 2, 2021
Jennifer Granholm Secretary of Energy December 17, 2020 Energy and Natural Resources January 27, 2021 Favorable (13-4) 64-35 Confirmed on February 25, 2021
Miguel Cardona Secretary of Education December 22, 2020 Health, Education, Labor, and Pensions February 3, 2021 Favorable (17-5) 64-33 Confirmed on March 1, 2021
Denis McDonough Secretary of Veterans Affairs December 10, 2020 Veterans' Affairs January 27, 2021 Favorable (Unanimous) 87-7 Confirmed on February 8, 2021
Alejandro Mayorkas Secretary of Homeland Security November 23, 2020 Homeland Security and Governmental Affairs January 19, 2021 Favorable (7-4) 56-43 Confirmed on February 2, 2021
Katherine Tai U.S. Trade Representative December 10, 2020 Finance February 25, 2021 Favorable (Voice Vote) 98-0 Confirmed on March 17, 2021
Avril Haines Director of National Intelligence November 23, 2020 Intelligence (Select) January 19, 2021 N/A[14] 84-10 Confirmed on January 20, 2021
Linda Thomas-Greenfield U.S. Ambassador to the United Nations November 23, 2020 Foreign Relations January 27, 2021 Favorable (18-4) 78-20 Confirmed on February 23, 2021
Cecilia Rouse Chairwoman of the Council of Economic Advisers November 30, 2020 Banking, Housing, and Urban Affairs January 28, 2021 Favorable (24-0) 95-4 Confirmed on March 2, 2021
Jared Bernstein Chairman of the Council of Economic Advisers February 14, 2023 Banking, Housing, and Urban Affairs April 18, 2023 Favorable (12-11) 50-49 Confirmed on June 13, 2023
Neera Tanden Director of the Office of Management and Budget November 30, 2020 Homeland Security and Governmental Affairs / Budget February 9, 2021 / February 10, 2021 N/A N/A Withdrawn on March 2, 2021
Shalanda Young Director of the Office of Management and Budget November 24, 2021 Homeland Security and Governmental Affairs / Budget February 1, 2022 / February 1, 2022 Favorable (7-6) / Favorable (15-6) 61-36 Confirmed on March 15, 2022
Michael Regan Administrator of the Environmental Protection Agency December 17, 2020 Environment and Public Works February 3, 2021 Favorable (14-6) 66-34 Confirmed on March 10, 2021
Isabel Guzman Administrator of the Small Business Administration January 7, 2021 Small Business and Entrepreneurship February 3, 2021 Favorable (15-5) 81-17 Confirmed on March 16, 2021
Eric Lander Presidential Science Advisor and Director of the Office of Science and Technology Policy January 16, 2021 Commerce, Science, and Transportation April 29, 2021 Favorable (Voice Vote) Voice Vote Confirmed on May 28, 2021
Arati Prabhakar Presidential Science Advisor and Director of the Office of Science and Technology Policy June 21, 2022 Commerce, Science, and Transportation July 20, 2022 Favorable (15-13) 56-40 Confirmed on September 22, 2022
William J. Burns[15] Director of the Central Intelligence Agency January 11, 2021 Intelligence February 24, 2021 Favorable (Voice Vote) Voice Vote Confirmed on March 18, 2021


Historical comparison of Cabinet confirmations

Comparison to Trump administration

The following chart compares how many days it took after the inaugurations in 2017 and 2021 for the Cabinet secretaries of Presidents Donald Trump (R) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.

Comparison to Obama administration

The following chart compares how many days it took after the inaugurations in 2009 and 2021 for the Cabinet secretaries of Presidents Barack Obama (D) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.

See also

Footnotes

  1. ↑ 1.0 1.1 4President, "President-elect Joe Biden Announces Key Members of Health Team," December 7, 2020
  2. ↑ Los Angeles Times, "California’s Xavier Becerra confirmed as Health and Human Services secretary," March 18, 2021
  3. ↑ Senate Finance Committee, "Results of Executive Session to Consider Favorably Reporting Pending Nominations," March 3, 2021
  4. ↑ Politico, "Senate advances Becerra nomination for HHS secretary," March 11, 2021
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. ↑ U.S. Senate, "Murray Impressed After Call With President Biden’s HHS Nominee Becerra, Calls for Swift Confirmation," December 16, 2020
  7. ↑ 7.0 7.1 Bloomberg, "Becerra Nomination Moves to Full Senate After Panel’s Split Vote," March 3, 2021
  8. ↑ MedPage Today, "Senate Committee Splits on HHS Nominee," March 3, 2021
  9. ↑ U.S. Senate, "McConnell: Continuing to Fight COVID-19 Will Take 'Smart, Bipartisan Actions,'" January 25, 2021
  10. ↑ U.S. Senate, "Cassidy Votes Against Advancing Becerra’s Nomination in Committee," March 3, 2021
  11. ↑ Biographical Directory of the United States Congress, "Xavier Becerra," accessed November 12, 2011
  12. ↑ CRS Report for Congress, "Senate Confirmation Process: An Overview," accessed July 24, 2013
  13. ↑ Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 4, 2019
  14. ↑ PBS, "Senate confirms Avril Haines as director of national intelligence," January 20, 2021
  15. ↑ At the time of Burns' confirmation, director of the Central Intelligence Agency was not a Cabinet-level position in the Biden administration. Biden elevated the position to Cabinet-level on July 21, 2023.
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