Statement of Michael B. Enzi Senate Committee on Health, Education, Labor and Pensions Executive Session Related to Nominations

I understand that we have ten nominees who have undergone theCommittee vetting process, responded to questions for the record and submitted completedpaperwork to the Committee. We have three nominees to serve in Board positions on theNational Labor Relations Board (NLRB) and nominees for the Legal Services Corporation andthe National Council on the Humanities.

Because of the large number of nominees referred to the HELP Committee eachCongress, the Committee has a long history of vetting nominations in a variety of ways. Attimes we have held public hearings on nominees and at other times we have asked nomineesquestions for the record that require written responses. With respect to today’s markup agenda,we have done extensive vetting through questions for the record and in meetings with membersand staff. The three NLRB nominees have answered a total of 353 questions for the record.These responses have been filed with the Committee Clerk, and have been made available to allmembers. I urge the Committee to make these responses available to the public as soon aspossible.

The National Labor Relations Board consists of five Senate confirmed positions. Thesepositions have been historically confirmed in packages of either two at a time or three at a timewith at least one member from the Minority party in any package. In fact, we find ourselves invirtually same situation as we were in back in 2006 when I was Chairman of the Committee. Atthat time, the National Labor Relations Board nominees comprised of one Democratic nomineeand a Republican nominee for the Board and a Republican nominee for the General Counselposition. We did not hold a hearing on those nominations but asked questions for the record.Right now there are three open positions with two Democrat nominees and oneRepublican being considered today. While I support moving the package forward as theChairman and Ranking Member have done in previous Congresses and Senator Kennedy and Idid back in 2006, I do have some serious concerns with Mr. Becker’s writings – particularly thepotential for radical changes in labor law he has advocated, and argued can be implemented,without Congressional authorization. I understand that other Senators have concerns they wouldlike to express with Mr. Becker’s nomination.

The Republican nominee, Brian Hayes, has worked as a member on my HELPCommittee staff since 2005, when I first assumed the Chairmanship. Brian has extensiveknowledge and experience in the issues that come before the Board – he has previously served asboth a Law Clerk and Attorney for the NLRB. I have come to value Brian’s counsel and insightover the past five years – and while I am sorry to see him leave the Senate family, I am pleasedthat he has decided to continue his career in public service.

We also have five nominees pending for Board positions with the Legal ServicesCorporation, and two nominees to be members of the National Council on the Humanities.All of the nominees before us today have successfully completed the Committee’s vettingprocess and all the necessary paperwork. For these reasons, I support reporting these nominees tothe full Senate.

Mr. Chairman, thank you again for granting us an additional week before holding thisExecutive Session.

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