Congress proposes time limit on Acting DOL Secretary

Both Senate and House Republicans have proposed bills to limit Acting Secretary of Labor Julie Su’s tenure. The House proposed the Department of Labor Succession Act (H.R. 4957), which would place the line of succession for the labor secretary under the Federal Vacancies Reform Act of 1998, which sets parameters for how long an official can serve in an acting capacity. The bill now awaits floor consideration.

Sen. Bill Cassidy (R-LA) introduced the Advice and Consent Act, which would amend the statute addressing the U.S. Department of Labor vacancies by adding a 210-day time limit if a deputy labor secretary is serving as acting secretary while the same person’s secretary nomination is pending. The 210-day limit would begin when the president puts the nomination forward.

The Republicans who have opposed Su’s nomination to be Secretary of Labor are now focusing on her continued service as acting secretary under the DOL succession statute instead of the Federal Vacancies Reform Act. The DOL succession statute doesn’t have a time limit, while the Federal Vacancies Reform Act has a 210-day bar, although the clock stops when a nomination is pending.

GAO finds Acting DOL Secretary Su serving legally

In response to a Congressional request, the Government Accountability Office (GAO) found that Acting Secretary of Labor Julie Su was lawfully serving as acting secretary and that the Federal Vacancies Reform Act’s time limitations on acting service don’t apply to the acting secretary’s service.