Kiley, Foxx Bill Ensures Su Cannot Defy Congress By Serving Indefinitely

WASHINGTON – Workforce Protections Subcommittee Chairman Kevin Kiley (R-CA) and Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) today introduced H.R. 4957, the Department of Labor Succession Act. The bill clarifies federal law to ensure that the tenure of an Acting Secretary of Labor aligns with the Federal Vacancies Reform Act of 1998 (Vacancies Act).

“Having made the worst possible pick for Labor Secretary, which the Senate is rightly rejecting, the President is trying to install his nominee anyways,” said Congressman Kiley. “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. Our legislation will prevent Su from indefinitely serving in defiance of Congress and taking her record of failure in California nationwide.”

“Su’s pathway to confirmation has stalled. For the sake of job creators and working Americans, Biden must pull Su,” said Chairwoman Foxx. “Instead, he has stretched the law to bypass a Senate confirmation process. Par for the course for a president accustomed to flouting the law to get his way. I am pleased to support Rep. Kiley’s bill to clarify federal law, putting an end to this administration’s efforts to skirt the law at the expense of workers and job creators.”


  • While President Biden does not have the votes to confirm Su, he has found a way to retain a failed nominee who favors Big Labor special interests over the American worker.
  • On July 20, 2023, Julie Su became the longest serving cabinet nominee—when the same party controls the White House and the Senate—since 1887. The press dubbed Su “Biden’s forever nominee.”
  • H.R. 4957, the Department of Labor Succession Act, will ensure that the role of Acting Secretary of Labor is a temporary position. This will bring accountability to federal bureaucrats, ensuring Congress and the American people have a say in who heads the Department of Labor. 

Click here for the bill’s text.
Click here for the bill’s fact sheet.

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