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U.S. Senator Mike Enzi, R-Wyo.,  Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, said he was extremely disappointed to see President Obama recess appoint Richard Cordray as Director of the Bureau of Consumer Finance Protection(CFPB) and new members to the National Labor Relations Board (NLRB), avoiding the Constitutionally mandated Senate confirmation process. The nomination of Richard Cordray stalled in the Senate when there was not enough votes to proceed with his nomination.  Senate Republicans objected to Cordray’s nomination over concerns of transparency and unaccountability of the new agency.  Two of the three NLRB nominees were submitted to the Senate on December 15 and the Senate adjourned for the year on December 16, which provided the Senate with only one day to consider and review these nominations.

“Once again this Administration has shown its contempt for America’s small businesses,” said Senator Enzi.  “The president has ignored the Senate’s confirmation and vetting process ensuring that our struggling economy will soon be faced with more unaccountable bureaucrats who will shackle America’s employers with new onerous regulations.”

The Appointments Clause of the U.S. Constitution reads:

The President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.