A Republican House bill would oust President Joe Biden’s "forever nominee" Julie Su as acting labor secretary.
The proposal, which would give presidents just 210 days to confirm a nominee, comes as the Biden administration has reportedly acknowledged that Su does not have the votes to be confirmed by the Democrat-controlled Senate. Sen. Joe Manchin (D., W.Va.) said in July that he would not support her. But the White House has not proposed a new nominee nor does it plan to, claiming Su can stay on indefinitely in an "acting" capacity because she was deputy labor secretary before her nomination.
The Department of Labor Succession Act, introduced by Republican representatives Kevin Kiley (Calif.) and Virginia Foxx (N.C.) would use existing federal guardrails around executive branch vacancies to ensure Su’s post is temporary. Su’s nomination is already more than 150 days old, making her the longest pending nominee since 1887. The bill could gain traction in the Republican-controlled House but is unlikely to advance in the Democrat-controlled Senate.
The Department of Labor did not respond to a request for comment.
Kiley, a critic of Su since she served as the California state labor secretary, said Su is serving "in defiance of Congress."
"Su faces bipartisan congressional opposition over losing $32.6 billion in taxpayer funds to fraud and for championing policies that destroyed the livelihoods of tens of thousands of independent workers," Kiley said in a statement.
Su is a contentious figure even in deep-blue California, where businesses are on the hook for what some call the "Su Tax"—a hike in payroll taxes to make up for the massive fraud that took place on her watch during the COVID-19 pandemic. The state’s unemployment insurance fund became insolvent after spending an estimated $32 billion on fraudulent claims when she was state labor secretary.