[Congressional Record Volume 169, Number 142 (Tuesday, September 5, 2023)]
[Senate]
[Pages S3876-S3877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Julie A. Su

  Mr. President, today marks 175 days since Julie Su's nomination for 
Secretary of Labor was officially transmitted to the Senate. This is 
the longest a Cabinet-level nominee has waited for a floor vote when 
the same party controls the White House and the Senate.
  Under the Federal Vacancies Reform Act, an individual can only 
perform the role of a Cabinet-level position without Senate 
confirmation for 210 days. The law was created to prevent the President 
from appointing unelected bureaucrats to roles that require the advice 
and consent of the Senate.
  Now, the White House has acknowledged that Ms. Su is unable to reach 
the 51 votes needed for confirmation. Instead of allowing the Senate to 
do its constitutional duty and reject the

[[Page S3877]]

nomination, the Biden administration is attempting to circumvent 
Congress and the Constitution to invoke the Department of Labor 
Succession Act, which they claim allows them to have Ms. Su serve as 
Acting Secretary of Labor indefinitely, even though lacking the votes 
for confirmation.
  This is unacceptable. Not only is this use of the Department of 
Labor's succession statute a violation of the advice and consent 
provision of the Constitution--which should offend both Democrats and 
Republicans as the Executive attempts to usurp the role of the 
legislature--but it will open up any action taken under her leadership 
to legal challenges. In fact, major business groups have indicated they 
are prepared to bring legal action against the Department of Labor if a 
rule on independent contractors is finalized while Ms. Su remains 
Acting Secretary. That is why I am introducing legislation that will 
prevent Ms. Su from serving as Acting Secretary of Labor beyond 210 
days. This bill aligns the Department of Labor succession clause with 
the Vacancies Act to prevent further abuses of the Constitution, 
ensuring the Senate's role in providing advice and consent is 
preserved.
  It is not surprising that Ms. Su's nomination has received such 
widespread bipartisan opposition. A qualified Secretary of Labor needs 
to be able to do three things: act impartially, effectively manage a 
large organization, and successfully handle labor negotiations. 
Unfortunately, we have not seen much evidence of Ms. Su's ability to do 
any of these three.
  Ms. Su has a decades-long record of partisan activism and promoting 
policies that undermine workers to the benefit of politically connected 
labor unions.
  As secretary for the California Labor and Workforce Development 
Agency, Ms. Su was the chief enforcer of AB 5, a controversial law 
dismantling the gig economy that is used by companies such as Uber, 
DoorDash and Lyft, removing the flexibility of individuals to work as 
independent contractors.
  Even in California, AB 5 was unpopular. The Governor and State 
legislature had to pass over 100 exemptions after its implementation. 
In fact, the statutory exemptions are longer than the text of the bill 
itself; and 59 percent of Californians voted to further erode the bill, 
which, naturally, labor unions challenged that 59 percent in court.
  As Acting and Deputy Secretary of Labor, Ms. Su would oversee the 
Biden administration's new regulation stripping 21 million individuals 
of their ability to be independent contractors and enjoin the inherent 
flexibility. As I said before, a law rejected in California is not a 
policy to spread across the Nation.
  There are also serious concerns about Ms. Su's ability to manage an 
agency. The only large agency she has run, the California Labor and 
Workforce Development Agency, lost at least $31 billion--billion with 
a ``b''--$31 billion to unemployment fraud under her watch. Despite 
repeated warnings, she chose to waive crucial verification safeguards 
recommended by the U.S. Department of Labor. This was confirmed by the 
California Office of the Inspector General.

  Lastly, there are 150 labor contracts expiring this year. When labor 
disputes are not handled properly, there can be massive supply chain 
implications and economic impacts, worsening the inflation that is 
already too bad.
  President Biden has sidelined Ms. Su in the United Auto Workers labor 
dispute, suggesting even he recognizes she is not up to the task. 
Instead, he has tasked Gene Sperling, an advisor who the President 
feels is better equipped to handle such an important issue.
  We shouldn't have a Labor Secretary that the President ends up 
outsourcing the job to others.
  The President should not be allowed to bypass the will of Congress. 
It is unacceptable and yet another example of weak leadership from this 
administration.
  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.
  However, Ms. Su does not appear to be in 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 the fair enforcement of our Nation's labor 
laws.