Julie Su’s renomination to lead Department of Labor clears Senate committee

Washington — The Senate Health, Education, Labor and Pensions Committee approved Julie Su’s nomination for labor secretary for a second time, with an 11-10 party-line vote on Feb. 27.

The committee approved Su’s previous nomination in April by the same margin. However, the acting labor secretary’s nomination was never brought before the full Senate by the end of the year. President Joe Biden renominated her in January.

Su’s path to confirmation remains murky at best. Sen. Joe Manchin (D-WV) officially announced his opposition to the nomination in July, leaving her seemingly unable to lose any more votes from other Democrats or independents.

Sens. Kyrsten Sinema (I-AZ) and Jon Tester (D-MT) are among those who haven’t said which way they’ll vote. Sen. Mark Kelly (D-AZ) has indicated he would support Su’s nomination, according to a July 13 report from Politico.

During a Feb. 26 speech on the Senate floor, Sen. Bill Cassidy (R-LA), ranking member of the HELP Committee, criticized Su’s record and the body’s closed-door vote.

“During Ms. Su’s first nomination hearing for 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,” Cassidy said. “Since then, concerns over Ms. Su’s leadership of DOL have grown. They warrant further public review from this committee.”

He added that the decision by Sen. Bernie Sanders (I-VT), who chairs the committee, to not conduct a public hearing on Su is “unacceptable and shows a lack of transparency from the majority.”

He added: “It 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.”

Meanwhile, Sanders said in a press release that he “strongly” supports Su’s renomination.

“She has been an excellent deputy secretary of labor, an excellent acting secretary of labor, and I believe that she will make an excellent secretary of labor,” Sanders said. “Her strong pro-worker track record and tireless dedication to working families across this country show beyond a shadow of a doubt that she is the right person for the job. I urge my colleagues to support her nomination.”

Su has led DOL in an acting capacity since March and can do so indefinitely, according to a Government Accountability Office report released in September. The Federal Vacancies Reform Act of 1998 states that a deputy labor secretary can act as secretary “until a successor is appointed.”

In response, Rep. Kevin Kiley (R-CA) introduced a bill (H.R. 4957) that would limit the tenure of an acting secretary to seven months (210 days) from when a vacancy occurs or as long as a nomination is pending.

The House Education and the Workforce Committee approved that bill in a 23-19 vote Sept. 14, but a full House vote had yet to be conducted as of press time.