Ranking Member Cassidy Introduces Bill Preventing Julie Su from Serving as Secretary of Labor Indefinitely Without Senate Confirmation

WASHINGTON – Today, U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, introduced the Advice and Consent Act to prevent the executive branch from circumventing Congress’ constitutional duty to confirm the Secretary of Labor. This comes as Julie Su’s nomination has lasted for 176 days, the longest a cabinet-level nominee has waited for a floor vote when the same party controls the White House and the Senate.  

Currently, Ms. Su is serving as Acting Secretary of Labor under the Department of Labor (DOL) succession statute, which the Biden administration claims allows her to serve as Acting Secretary in perpetuity even if she does not have votes for Senate confirmation.  

By contrast, the Federal Vacancies Reform Act creates “a clear and exclusive process to govern the performance of duties of offices in the Executive Branch” and sets a time limit of 210 days that an individual can perform the role of a cabinet-level position without Senate confirmation. 

Cassidy’s legislation reins in the DOL succession statute and would prevent Ms. Su and future Secretary of Labor nominees from serving in an Acting Secretary capacity past 210 days, the normal standard for all cabinet-level nominees under Federal Vacancies Reform Act. 

“Instead of allowing the Senate to provide advice and consent on Julie Su’s nomination, the Biden administration is attempting to circumvent Congress and the Constitution to keep her as Acting Secretary indefinitely even though she lacks the votes for confirmation,” said Dr. Cassidy. “This legislation prevents further political abuses of the Constitution and ensures all nominees for Secretary of Labor receive the full advice and consent of the Senate.” 

On March 21, 2023, Biden’s Labor Department transmitted a submission to the Government Accountability Office (GAO) stating that Su is serving as Acting Secretary of Labor, not under the Vacancies Act, but under 29 U.S.C. § 552, a DOL-specific succession statute, which allows the Deputy Secretary to perform the duties of the Secretary of Labor.  

Since the DOL succession statute does not have a time limit, DOL’s decision to use its authority under 29 U.S.C. § 552 is an attempt to protect Su’s ability to potentially serve as Acting Secretary in perpetuity, even if she is unable to secure the votes required for Senate confirmation.   

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