[Congressional Record Volume 170, Number 34 (Monday, February 26, 2024)]
[Senate]
[Page S981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                         Nomination of Julie Su

  Mr. CASSIDY. Madam President, this week, the HELP Committee--the 
Health, Education, Labor, and Pensions Committee--will be holding a 
vote on the renomination of Julie Su for Secretary of Labor. At the 
direction of the chair, this committee vote is taking place behind 
closed doors, without a public hearing, and with no opportunity to hear 
from Ms. Su directly.
  It is important to note that the committee is voting on Ms. Su's 
nomination for the second time. Her first nomination failed and was 
returned to the White House after the majority leader declined to give 
her a vote on the Senate floor when it was clear that based upon 
bipartisan opposition, she would not be confirmed.
  During Ms. Su's first nomination hearing for the Secretary of Labor 
last April, the committee addressed a variety of concerns with her past 
record in California and her tenure at the Department of Labor.
  Since then, concerns over her leadership at the Department of Labor 
have grown, and they warrant further review by the committee.
  Earlier this month, I sent a formal request to the HELP Committee 
chair to hold a public hearing on Ms. Su's second nomination so members 
of the committee can discuss concerns directly with Ms. Su. 
Unfortunately, the chair denied our request and, instead, is holding a 
vote on Ms. Su's nomination behind closed doors, without a full public 
hearing. This is unacceptable.
  It has been almost a year since Ms. Su's nomination hearing. It is 
important that we examine the many issues that have arisen since then 
and get an explanation over those serious concerns in her year of being 
an Acting Secretary.
  She has built a troubling record as the Acting DOL Secretary, 
implementing policies that promote large labor unions at the expense of 
workers' freedoms and economic growth.
  Currently, Ms. Su is overseeing the implementation of DOL's worker 
classification rule, dismantling the gig economy, and jeopardizing the 
ability of 27 million Americans who choose to work as independent 
contractors.
  Additionally, the Department of Labor has also proposed a new 
overtime rule, dramatically increasing the overtime pay threshold by 55 
percent, which will decrease job opportunities and raise prices for the 
American family.
  The Department of Labor has also released a new policy that allows an 
outside union official to influence a workplace inspection even when 
that workplace is not unionized. The union is not there, but they can 
influence the workplace inspection.
  These are all terribly problematic actions taken by an Acting 
Secretary who lacks Senate confirmation. The Biden administration's 
attempt to circumvent the advice and consent provision of the 
Constitution by leveraging Ms. Su's previous position as Deputy 
Secretary brings these actions into legal question. And, by the way, 
there are also serious concerns about Ms. Su's ability to manage the 
Department of Labor.
  Under her leadership, there has been a 50-percent increase in illegal 
child labor since 2022. There are alarming reports that senior DOL 
officials repeatedly ignored warnings, downplaying the exploitation of 
migrant children for cheap labor. When the committee asked Ms. Su to 
explain DOL's failure to address child labor violations, she repeatedly 
failed to comply with congressional oversight.
  Additionally, DOL has struggled to process H-2B guest worker visas, 
crucial for employers that experience workforce shortages based on the 
season. These delays are already having significant impact on these 
employers and, again, leading to rising prices on families.
  The American people deserve a competent Secretary at the Department 
of Labor. As outlined in the Constitution, the Senate is still supposed 
to vote on whether to confirm Ms. Su. HELP Committee members need the 
ability--the opportunity--to raise their concerns to Ms. Su and get 
answers.
  Nomination hearings are not just checking a box; they are a crucial 
part of the process. Every Senator needs the information revealed in 
hearings to evaluate and decide how they will vote on a nomination.
  The chair's decision to not hold a public hearing on Ms. Su is 
unacceptable, shows a lack of transparency from the majority, and 
undermines the committee's constitutional duty to advise and consent on 
Presidential nominees.
  No one is above accountability, especially an unconfirmed yet acting 
Cabinet-level nominee with massive influence over our Nation's economy.
  As ranking member of the HELP Committee, I will continue to lead 
Senate Republicans in holding Ms. Su accountable. We need to ensure 
that she fairly enforces our Nation's labor laws.
  With that, I yield the floor.
  Madam President, I ask unanimous consent that the scheduled rollcall 
vote begin now.
  The PRESIDING OFFICER. Without objection, it is so ordered.