[Congressional Record (Bound Edition), Volume 161 (2015), Part 14]
[Senate]
[Pages 19744-19746]
[From the U.S. Government Publishing Office, www.gpo.gov]




                UNANIMOUS CONSENT REQUESTS--NOMINATIONS

  Mr. BROWN. Mr. President, I rise again today to support Adam Szubin's 
nomination to serve as Under Secretary for Terrorism and Financial 
Crimes at the Treasury Department, as well as to support several other 
nominees whose nominations have been pending before the Senate banking 
committee for many months--some for almost a full year--with no vote.
  All of these nominees have had hearings. They have all completed a 
thorough committee vetting process and they are ready to be approved. 
Yet the Senate banking committee is the only committee in the Senate 
that has not yet held a single vote on any administration nominee in 
this Congress--not one vote on any of the more than a dozen nominees 
this Congress.
  There are 13 nominees pending before the committee. Here we are in 
the final month of the year, and Republicans still have not held a vote 
on any of them.
  This inaction stands in stark contrast to this committee's record on 
nominees over the past 15 years. When we look at this chart, we see for 
the 107th, 108th, 109th, 110th, 111th, 112th, 113th, 114th--eight 
Congresses, 15 years--this Congress is only half completed--Republican 
Presidents during much of this time and Democratic Presidents during 
much of this time; a Republican majority in the banking committee 
during some of this time and a Democratic majority in the banking 
committee during some of this time. Yet when we look at these numbers, 
we see lots referred to committee, but when we look at the number of 
approved by committee for this Congress: zero. The number confirmed by 
the Senate coming out of banking for these nominations: zero. The 
number returned to the President: zero. The number withdrawn: zero.
  In other words, time after time, year after year, President after 
President, Senate majority after Senate majority, we have seen the 
Senate banking committee actually do its work, until the 114th 
Congress, 2015: nothing in terms of approval. In this Congress, the 
committee has failed to carry out its duty to consider and act upon the 
President's nominees.
  Let me start with Mr. Szubin, who is currently serving in his 
critical position in an acting capacity. Despite having bipartisan 
support--the Presiding Officer I know is also on the banking 
committee--his nomination has languished for 200 days because of 
Republican obstruction.
  This is a critical national security post that must be filled 
permanently. Mr. Szubin heads what is in effect Treasury's economic war 
room, managing U.S. efforts to combat terrorist financing and fight 
financial crimes. He can do his job better if he is not acting but if 
he is in fact the confirmed nominee of the President of the United 
States. He is helping to lead the charge to choke off ISIL's funding 
sources. We are introducing legislation today, in part, answering the 
threat of ISIL and the threat of terrorism and, in part, by coming up 
with new ways to choke off funding for the terrorists. Nobody is in a 
better position in our government--nobody--than Mr. Szubin, and I want 
him confirmed so he can do his job better. It would prevent developing 
additional capacity to strike war targets around the world. He is 
working to hold Iran--regardless of how one voted on the Iran nuclear 
deal, he is going to hold Iran to its commitments under the nuclear 
deal and lead a campaign against the full range of Iran's other 
destructive activities.
  Mr. Szubin has served in senior positions first in the Bush 
administration and now in the Obama administration. I don't know if he 
is a Democrat or Republican. I don't really care. He is an acknowledged 
expert in economic sanctions and counterterrorist financing. There is 
no question--no question--that he is qualified for this position. Over 
the last 15 years he has distinguished himself as an aggressive 
enforcer of our Nation's sanctions laws against Russia, against Iran, 
against North Korea, and against money launderers, against terrorists, 
and against narcotraffickers. Given all the concerns surrounding 
terrorist financing--legitimate concerns that Senator Shelby has and 
that I have and probably all other 98 Members of the Senate have--one 
would think a nomination would be a priority. In the past, it has been.
  Szubin's mentor, Bush Under Secretary Stuart Levey, was confirmed by 
the Senate just 3 weeks after his nomination came to the banking 
committee. The Senate took just 2\1/2\ months to consider Mr. Szubin's 
immediate predecessor.
  Mr. Szubin has support across the political spectrum. Even many 
groups opposed to the Iran nuclear deal support his nomination. The 
banking committee chairman, Senator Shelby, my friend who is in the 
Chamber, described Mr. Szubin as ``eminently qualified.'' He deserves 
the strong backing of the Senate. Without it, his ability to operate 
here and abroad is less than it should be.
  So I ask unanimous consent that the Senate proceed to executive 
session and the banking committee be discharged from further 
consideration of PN371, the nomination of Adam J. Szubin to be Under 
Secretary for Terrorism and Financial Crimes; that the Senate proceed 
to its consideration and vote without intervening action or debate; 
that if confirmed, the motion to reconsider be considered made and laid 
upon the table with no intervening action or debate; that no further 
motions be in order to the nomination; that any statements related to 
the nomination be printed in the Record; that the President be 
immediately notified of the Senate's action and the Senate then resume 
legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, I am frustrated that my colleagues have 
chosen to continue to object without giving a reason why we are not 
going to vote on this nomination; not talking about Mr. Szubin's lack 
of qualifications--because that just wouldn't be true--and not 
ultimately helping us deal with terrorism around the world in this 
critical national security nomination.
  Let me turn to another key Treasury official who has been nominated 
to serve in a dual economic security and national security role, 
Adewale Adeyemo, to be Assistant Secretary of the Treasury for 
International Markets and Development. The person in this role is 
responsible for key national security issues and recommendations made 
in the CFIUS process, which assesses the major national security 
implications of large investments in the United States made by foreign 
firms.
  Like Mr. Szubin, Mr. Adeyemo has been waiting for months for the 
banking committee to act on his nomination.
  I ask unanimous consent that the Senate proceed to executive session 
and the banking committee be discharged from further consideration of 
PN86, the nomination of Adewale Adeyemo to be Assistant Secretary for

[[Page 19745]]

International Markets and Development; that the Senate proceed to its 
consideration and vote without intervening action or debate; that if 
confirmed, the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate; that no further motions 
be in order to the nomination; that any statements related to the 
nomination be printed in the Record; that the President be immediately 
notified of the Senate's action and the Senate then resume legislative 
session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, I am further frustrated because of a lack 
of information as to why we are not confirming this nominee. We have 
had hearings and they have been vetted. There is no opposition to 
qualifications. There is no dispute over how important these positions 
are.
  Let me turn to a nomination for another key economic security 
position in the administration: Patricia Loui-Schmicker to serve on the 
Board of Directors of the Export-Import Bank.
  The Export-Import Bank has been around since the days of Roosevelt. 
There were efforts by tea party Republicans to put the Export-Import 
Bank out of business. They did, for a period of time, even though for 
75 years it has been reauthorized, kept in existence, helped our 
country, made a difference in creating jobs, helping big companies such 
as Boeing and GE and others, and helping all kinds of small companies. 
Many of the companies they have helped people haven't even heard of, 
that are in Ohio and that are part of the economic supply chain, the 
supply chain for these companies.
  This week I was with a group of people who do this kind of work in 
Ohio. They were just flabbergasted that because of intransigence on the 
part of tea party Republicans, we can't get them--we didn't authorize 
it for months and months, and now, when we finally did and it can 
operate, the Ex-Im Bank can't operate because the Senate banking 
committee will not do its job.
  So I ask unanimous consent that the Senate proceed to executive 
session and the banking committee be discharged from further 
consideration of PN288, the nomination of Patricia Loui-Schmicker to be 
a member of the Board of Directors for the Ex-Im Bank of the United 
States; that the Senate proceed to its consideration and vote without 
intervening action or debate; that if confirmed, the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate; that no further motions be in order to 
the nomination; that any statements related to the nomination be 
printed in the Record; that the President be immediately notified of 
the Senate's action and the Senate then resume legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, the objections from my Senate colleague, my 
friend Senator Shelby, costs us American jobs. When you shut down the 
Export-Import Bank, it means that workers get laid off, it means that 
companies can't expand, it means companies can't do what they want.
  So the first objection means our country is less safe, the second 
objection causes us all kinds of problems with making sure our 
companies and national security is what it should be, and this third 
objection costs us American jobs. None of these do I understand.
  Mr. President, I want to turn to another Treasury Department nominee. 
Amias Gerety has been nominated to be Assistant Secretary for Financial 
Institutions, Department of the Treasury. Mr. Gerety has played an 
important role since the beginning of the current administration, 
helping our country recover from the worst financial crisis since the 
Great Depression. He deserves the full backing of the banking 
committee.
  I ask unanimous consent that the Senate proceed to executive session 
and the banking committee be discharged from further consideration of 
PN208, the nomination of Amias Moore Gerety to be Treasury's Assistant 
Secretary for Financial Institutions; that the Senate proceed to its 
consideration and vote without intervening action or debate; that if 
confirmed, the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate; that no further motions 
be in order to the nomination; that any statements related to the 
nomination be printed in the Record; that the President be immediately 
notified of the Senate's action and the Senate then resume legislative 
session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, I will move on to another nomination.
  This nomination is for the Federal Transit Administration. This 
distinguished nominee, Therese McMillan, has been awaiting confirmation 
since January of this year. She joined FTA as the Administrator in 
2009. She has been Acting Administrator for a year and a half.
  Apparently the Republican majority doesn't want anybody in the Obama 
administration because the President they don't much like has nominated 
these people. It is pretty hard to understand.
  Mr. President, I ask unanimous consent that the Senate proceed to 
executive session and the banking committee be discharged from further 
consideration of PN41, the nomination of Therese McMillan to be 
Administrator of the Federal Transit Administration; that the Senate 
proceed to its consideration and vote without intervening action or 
debate; that if confirmed, the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate; that no 
further motions be in order to the nomination; that any statements 
related to the nomination be printed in the Record; that the President 
be immediately notified of the Senate's action and the Senate then 
resume legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, a nominee to be inspector general of the 
FDIC, Jay Lerner, has been awaiting confirmation since January of this 
year.
  We know the Republican majority doesn't much like Obama nominees, 
even though President Obama is one of, I believe, two Democrats in the 
last 150 years who has actually--correct me if I am wrong--won at least 
51 percent of the country's votes twice. Since the Civil War, the only 
other was Franklin Roosevelt, who won more than half of the popular 
vote four times in the country. I know some of my colleagues don't seem 
to want to recognize that he is the President of the United States and, 
as we have always done in this country, the President gets to nominate 
people. If they are qualified, they should be confirmed. Even if there 
is disagreement on their qualifications, they should be voted on and 
voted down. We are even asking you to do that if that is what you 
choose to do. But, particularly since they don't much like the people 
the President puts on the FDIC, maybe we need an inspector general who 
can find out if they are doing things wrong. That is the whole point of 
the inspector general--to root out corruption and other problems, such 
as incompetence, in an agency. That is what Jay Lerner would do as the 
inspector general of the FDIC.
  Mr. President, I ask unanimous consent that the Senate proceed to 
executive session and the banking committee be discharged from further 
consideration of PN65, the nomination of Jay Neal Lerner to be 
inspector general of the FDIC; that the Senate proceed to its 
consideration and vote without intervening action or debate; that

[[Page 19746]]

if confirmed, the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate; that no further motions 
be in order to the nomination; that any statements related to the 
nomination be printed in the Record; that the President be immediately 
notified of the Senate's action and the Senate then resume legislative 
session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SHELBY. I object.
  The PRESIDING OFFICER. Objection is heard from the Senator from 
Alabama.
  Mr. BROWN. Mr. President, I guess that is the conclusion of my 
efforts today. Senator Shelby can return to the Republican luncheon if 
he would like or debate me a little bit on this, but I don't get this--
first of all, in terms of our national security, the importance of Adam 
Szubin; in terms of honesty in government, the importance of Jay 
Lerner; in terms of creation of jobs, the nominee to the Export-Import 
Bank.
  I will not belabor this process anymore. I will not raise nominees 
anymore for reasons of time. I think I have made my point, but 
especially for critical national and economic security, the nominees on 
this list should move forward.
  I don't understand this. I haven't seen anything quite like this in 
the Congress of the United States. I continue to press this case. I am 
willing to talk one-on-one with Senator Shelby on this. He has been 
open to that in the past. I hope my colleagues will join me in 
bipartisan approval of these national and economic security nominees 
who will matter for the continued greatness of our great country.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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