Sen. Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, doesn’t want Julie Su to continue serving as the Acting Secretary of Labor.
On Wednesday, Cassidy introduced the Advice and Consent Act to prevent the executive branch from circumventing Congress’ constitutional duty to confirm the Secretary of Labor.
That was one day after Cassidy delivered a speech on the Senate floor calling on President Biden to withdraw Su’s nomimation.
“As a Republican, I don’t expect to agree with the political positions of a Biden nominee. But I will remind my colleagues that former Labor Secretary Marty Walsh received strong bipartisan support for his unquestionable experience running organizations and handling negotiations. He worked to develop trust with both labor unions and the business community,” Cassidy said during his Tuesday speech.
“I urge President Biden to withdraw Ms. Su’s nomination and put forward a nominee who is committed to fair enforcement of our nation’s labor laws.”
Sen. Bill Cassidy (R-LA)
“However, it is clear that Ms. Su is far from that mold. And for this reason, she has been unable to receive the votes necessary for confirmation, even when the President’s party is in the majority. I urge President Biden to withdraw Ms. Su’s nomination and put forward a nominee who is committed to fair enforcement of our nation’s labor laws.”
As for Cassidy’s new bill, it was introduced as Su’s pending 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, 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 seeks to rein in the DOL succession statute and would prevent 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,” Cassidy said in a Sept. 6 press release. “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.
Prior to assuming the role of Acting Secretary of Labor during her confirmation fight, Su served as Deputy Secretary of Labor since July 2021, where she worked closely with previous DOL Secretary Marty Walsh. Walsh announced his resignation in February to become the executive director of the NHL Players’ Association.
SEE ALSO:
• Republican Lawmakers Push DOL to Halt Work on Fiduciary Rule
• Biden to Tap Julie Su as DOL Secretary
• Biden’s Labor Secretary Nominee Su Faces Republican Opposition in Senate