Congress and the Biden administration are warring once again.

A pair of GOP representatives have introduced a bill that would thwart President Joe Biden's efforts to install a Cabinet member without Senate confirmation.

DESANTIS TO HEADLINE 'FAITH & FREEDOM BBQ' DAYS AFTER FIRST RNC DEBATE

"With this latest affront to the Constitution, American businesses may have no choice but to challenge Julie Su’s status at the Department of Labor," Rep. Virginia Foxx (R-NC) said. "The Department of Labor Succession Act seeks to resolve the significant constitutional issues with the existing statute and put America’s elected officials back in their proper role.”

Foxx, chairwoman of the House Education and Labor Committee, dropped the bill in Congress along with Workforce Protections Subcommittee Chairman Kevin Kiley (R-CA).

Biden has been trying to confirm Julie Su as labor secretary since March and needs only a simple majority in the Senate to do so. But with Republicans and some centrist Democrats opposed, the president is using a legal loophole to keep her on indefinitely.

"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 last week. "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."

Foxx and Kiley's bill would put a stop to that.

The Department of Labor Succession Act, according to its authors, would clarify federal law to make sure the tenure of any acting labor secretary aligns with the Federal Vacancies Reform Act of 1998.

The Washington Examiner has reached out to the White House for comment.

Su is now the longest-serving Cabinet nominee since 1887 in a situation where the same party controls the White House and the Senate. Her tenure at California's Labor and Workforce Development Agency drew controversy as she pushed for the state's AB 5 legislation that attempted to restrict independent contracting. The Department of Labor is considering a similar rule at the federal level.

The bill would close the loophole allowing Su to stay in place indefinitely, though it would be subject to a Biden veto even if it clears the House and Senate.

“Having made the worst possible pick for labor secretary, which the Senate is rightly rejecting, the president is trying to install his nominee anyway,” Kiley said in a press release. “Su faces bipartisan congressional opposition over losing $32.6 billion in taxpayer funds to fraud and for championing policies that destroyed the livelihoods of tens of thousands of independent workers."

Business groups are considering legal action against any major moves the Labor Department makes under Su's leadership, and a court may ultimately have to decide if the White House can legally keep her on.

The Senate hasn't taken a vote on Su yet, since it's believed that the votes aren't there to confirm her, but Democratic strategist Brad Bannon thinks that should change.

"Su is eminently qualified to be secretary of labor," Bannon said. "But she's progressive and Asian, which are strikes against her with Republicans."

A Senate vote would send a message about the priorities of Republicans and centrist Democrats, Bannon argues, even if it fails.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

The Washington Examiner asked press secretary Karine Jean-Pierre during Tuesday's press briefing if the White House is confident in Su's legal standing without confirmation.

"Yes, we are confident," she said before calling on another reporter.