[Congressional Record Volume 161, Number 62 (Tuesday, April 28, 2015)]
[Senate]
[Page S2471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      EXECUTIVE CALENDAR OBJECTION

  Mr. GRASSLEY. Mr. President, I am objecting to consideration of the 
nomination of Brodi Fontenot to be Chief Financial Officer of the 
Treasury Department.
  In May 2014, I found out about questionable hiring practices at the 
Financial Crimes Enforcement Network, known as FinCEN. The problem 
occurred after the agency posted job requirements for openings in the 
enforcement division. Eligible candidates were disqualified for a 
criterion that was never in the original job posting: a law degree. 
This is illegal under Federal hiring guidelines.
  In the process, FinCEN rejected qualified veterans who applied for 
the positions. Instead, FinCEN hired three former Federal prosecutors 
for the positions. Veterans preference doesn't guarantee veterans a 
job, but it does give them extra consideration for jobs for which they 
are qualified. The unemployment rate for post-9/11 veterans is 
significantly higher than the rate for the general population. These 
men and women are extremely capable. They have an array of job skills 
to offer in the workplace. It is inexcusable for FinCEN or any other 
Federal agency to reject qualified veterans who faithfully served our 
country. Our veterans deserve better from the Obama administration.
  As part of my investigation, I requested all emails sent between the 
Treasury Department and FinCEN pertaining to this issue. To date, I 
have received a total of four emails. The Treasury Department has tried 
to convince me that no other relevant emails exist, but I am still not 
convinced. Their search was limited to only the 8 months when the 
vacancy announcements were open. This excluded any email communications 
that took place in preparation for posting the announcements or during 
2014 when problems with the announcements were found.
  As a result, I placed a hold on the former Assistant Secretary for 
Management at the Treasury Department who was nominated to be Deputy 
Secretary at HUD. Instead of simply providing the requested documents 
so that I could release the hold, former Majority Leader Reid ignored 
what was done to veterans and pushed through the nomination over my 
objections.
  In January 2015, I requested any emails sent between FinCEN and main 
Treasury using alternate email and handheld devices, as well as any 
email messages that were printed and saved by FinCEN but no longer 
retained in the electronic email system. The response from the Treasury 
Department outlined the Federal Government's records retention 
regulations but did not include any of the requested documents.
  This is unacceptable. Therefore, I am objecting to consideration of 
Mr. Fontenot's nomination.

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