House bill targets Su’s acting role in DOL

September 19, 2023

Mark Schremmer

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Julie Su remains the acting U.S. Labor Secretary even though it doesn’t appear she has the votes for confirmation.

Rep. Kevin Kiley, R-Calif., recently introduced a bill that aims to prevent Su from continuing in her role without being confirmed by the Senate. The Department of Labor Succession Act, or HR4957, would apply the requirements of the Federal Vacancies Reform Act of 1998 to the current vacancy. Kiley stated in a news release that Su doesn’t have the votes to be confirmed as labor secretary and that appointing her was a mistake.

“It is time to move on and appoint a new secretary instead of continuing to try and install this nominee,” he added.

President Joe Biden picked Su – formerly California’s labor commissioner – in February to replace Marty Walsh as acting labor secretary. Her confirmation hearing was in April, but her nomination still hasn’t been brought up for a vote.

Lacking votes

Su appears to lack the votes for confirmation after Sen. Joe Manchin, D-W. Va., announced in July that he planned to vote in opposition. That same month, several media outlets reported that the White House planned to keep Su in her acting role without calling a vote.

Much of the opposition toward Su stems from her role in the implementation of California’s Assembly Bill 5 – a controversial law that makes it extremely difficult for a worker to be considered an independent contractor.

Kiley previously told Land Line Now that he believes, if confirmed, Su would attempt to roll out a version of AB5 on a national scale.

“We just need to continue to make the case about what she’s done in California, what a disaster it’s been for our state and what the impact would be if she were to take those policies national,” Kiley said.

It was reported in August that the U.S. Government Accountability Office was reviewing the Biden administration’s decision to keep Su as the acting secretary.

Rep. Virginia Foxx, R-N.C., asked GAO to review Su’s ability to continue leading the Department of Labor in an acting capacity. Foxx also is a co-sponsor of Kiley’s bill. LL