Rep. Kiley’s Bill Ensuring Su Cannot Serve Indefinitely Receives Education and the Workforce Committee Approval

WASHINGTON – Today, the House Education and the Workforce Committee approved Rep. Kiley’s bill, 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).

“Julie Su does not have the votes to be confirmed as Labor Secretary and 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,” said Congressman Kiley.“Acting Secretary Su faces opposition from both sides of the aisle due to losing $32.6 billion in taxpayer funds to fraud and destroying the livelihoods of tens of thousands of independent workers in California. I thank Chairwoman Foxx for joining me in this legislation to prevent Su from indefinitely serving in defiance of Congress and taking her record of failure in California nationwide. I want to thank the Education and the Workforce Committee for supporting this bill in today’s markup and I urge my colleagues to support this bill on the House Floor.”


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.” In the past, Democrat Senators, including Senator Kaine of Virginia, have voiced opposition of acting secretaries. “An acting is no substitute for a confirmed secretary, in terms of both the gravitas they gain within the organization once they’re confirmed, and also the degree to which Congress can exercise oversight in that confirmation process,” said Senator Kaine. While President Biden does not have the votes to confirm Su, he is doing an end-run around the Constitution to retain a failed 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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