Biden retains Julie Su as acting labor secretary indefinitely, despite lacking votes.
President Joe Biden Plans to Keep Julie Su as Acting Secretary of Labor Indefinitely
President Joe Biden has made the decision to keep Julie Su in her role as acting secretary of the Department of Labor indefinitely, despite facing obstacles in her path to final confirmation in the Senate.
Su has been serving as acting labor secretary since former Secretary Marty Walsh left the administration in early 2023. During her time as deputy labor secretary under Walsh, Su played a crucial role in assisting the Biden administration with labor and supply chain disputes in the early days of the COVID-19 pandemic recovery.
“Upon Secretary Walsh’s departure, Acting Secretary Su automatically became Acting Secretary under its organic statute, not under the Federal Vacancies Reform Act,” a White House official said in a statement. “As a result, Su is not subject to the time limits of the Federal Vacancies Reform Act and she can serve as Acting Secretary indefinitely.”
Unlike other federal agencies, the Department of Labor is not bound by the Federal Vacancies Reform Act, which requires nominees to be confirmed by the Senate within a specific timeframe. A 1946 law was amended in 1986 to allow the deputy labor secretary, a position to which Su was confirmed in 2021, to perform the duties of secretary indefinitely until a new nomination is announced by the president.
Biden, along with top White House officials, the majority of congressional Democrats, and several prominent union voices, have consistently advocated for Su’s confirmation since her nomination was announced five months ago.
However, with Democrats holding only 51 Senate seats, Su currently lacks the necessary support for confirmation. Senator Joe Manchin (D-WV) has expressed concerns about Su’s “progressive background” and has indicated that he would vote against her confirmation.
White House press secretary Karine Jean-Pierre defended Su’s qualifications during a press briefing, stating, “He nominated her because he believed that she was eminently qualified to do the job. And she has done it in a brilliant way… She has been able to do that.”
While Manchin’s concerns align with those of many Republicans regarding Su’s tenure as secretary of California’s Labor and Workforce Development Agency, other senators, such as Kyrsten Sinema (I-AZ), Angus King (I-ME), and Jon Tester (D-MT), have not publicly declared their support or opposition to Su.
Senator Mazie Hirono (D-HI) expressed optimism about Su’s confirmation, stating, “I’m hoping that some people will just wake up to their responsibilities and do the right thing… She deserves all of our support.”
Tester, on the other hand, opposes the idea of Su serving indefinitely as acting secretary, stating, “I just don’t think they can do the job they need to do in an acting position. That’s my own opinion, could be wrong. But I just think there’s much more certainty if you’ve been confirmed.”
Former President Donald Trump employed a similar strategy to Biden’s plan for Su, bypassing Senate confirmation protocols for multiple agencies in the latter part of his term. However, legal challenges were raised regarding the legality of these appointments.
The Government Accountability Office also released a report in September 2020 alleging that 15 Trump administration officials at 12 different agencies were serving in violation of the Federal Vacancies Reform Act.
Despite the challenges, President Biden remains committed to keeping Julie Su in her role as acting secretary of labor, believing that she is qualified to lead the Department of Labor.
David Sivak contributed to this report.
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