THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS will meet in OPEN SESSION, HYBRID FORMAT to conduct a hearing on the following nominations: Ms. Ventris C. Gibson, of Virginia, to be Director of the Mint, Department of the Treasury; and Mr. Paul M. Rosen, of California, to be Assistant Secretary of the Treasury for Investment Security, Department of the Treasury.
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Morning everyone. The Senate Committee on Banking, Housing, and Urban Affairs will
come to order. Today's hearing is in a hybrid format. The two witnesses are here
in person in front of us with family members and feel free to introduce them
when your time comes. Thank you for joining us all of you and members have
the option to appear either in person or virtually or both if they choose. The
committee meets today to consider the nominations of Ms. Ventra C. Gibson to
be Director of the Mint and Mr. Paul Rosen to be Assistant Secretary of the
Treasury for Investment Security. Thank the nominees for appearing and extend
you and your families a warm welcome. To the nominees, thank you. Both of
you have served the public before in various capacities. Thank you for your
willingness to serve our country. Ventra C. Gibson is the President's nominee to
serve as Director of the Mint, the agency to which Ms. Gibson has been nominated as
the world's largest coin manufacturer. Fiscal year 21 alone, the Mint shipped
14.7 billion circulating coins. The Mint operates six facilities,
employs some 1,600 people. It's also the only major world Mint to maintain
continuous production throughout the pandemic. Thanks to you and your workers
for that. It's a testament to its dedicated workers who design, produce, and
protect our national assets. For more than two centuries, the Mint's played an
essential role in providing American people and businesses with secure
privacy, respecting currency. It's the sole producer of circulating coins. If
confirmed, Ms. Gibson would be the first African-American to lead the Mint. She
represents yet another historic nomination by this administration. We
voted out of this committee the first black woman to ever serve on the Federal
Reserve. We know I had the honor of meeting Judge Jackson yesterday and
knows her place in history and so much more. Ms. Ferguson and others that
have come out of this committee. Ms. Gibson's devoted more than 40 years to
public service, decades in top leadership positions throughout our government. A
veteran of the U.S. Navy, she currently serves as the Acting Director of the
Mint beginning in October, I believe. She served as
Director of Human Resources for the District of Columbia. Prior to her
time with the D.C. government, she served in high-level leadership positions at
the Department of Health and Human Services, Department of Transportation,
Department of Veterans Affairs. Thank you for nodding so that I have this right. I
appreciate that. I'm glad you can be with us today, Ms. Gibson. Paul
Rosens, the President's nominated to serve as Assistant Secretary of the
Treasury for Investment Security. It's an important national security position that
this committee helped create in 2018 for the passage of the bipartisan foreign
investment risk review modernization act, another Washington acronym, FIRMA. If
confirmed, Mr. Rosen would lead an office responsible for implementing the
department's responsibilities as chair of the Committee on Foreign Investment,
CFIUS, an interagency committee that reviews foreign and some foreign
investments in U.S. businesses. Mr. Rosen previously held several senior
leadership roles at the Department of Homeland Security, including as serving
as Chief of Staff to then Secretary Jay Johnson. Prior to joining DHS, Mr. Rosen
served as a federal prosecutor at the Department of Justice, Counsel in the
Senate Judiciary Committee, Staff Director to the Senate Caucus for
International Narcotics Control. He's well respected, as we know, by the
national security community. On Monday, a bipartisan group of 85 national security
and law enforcement professionals, professionals spanning Democratic and
Republican administrations, sent a letter urging swift consideration and
confirmation of Mr. Rosen. They wrote, quote, Paul's the right person with the
right skills to safeguard U.S. national security when it comes to direct foreign
investment in the United States, unquote. The Fraternal Order of Police wrote to
Ranking Member Toomey and to me expressing its strong support of Mr.
Rosen's nomination. I ask the unanimous consent these letters be entered into
the record without objection so entered. Thank you, Mr. Rosen, for your prior
service to our country, your willingness to serve again. Thanks again for both of
you being here. Senator Toomey. Thank you, Mr. Chairman. Mr. Rosen and Ms. Gibson,
welcome to both of you. I commend you both for your long-standing commitment
to public service. Mr. Rosen, you've been nominated, as the Chairman pointed out,
for a very important role at the Treasury, leading the Committee on
Foreign Investment in the United States, known as CFIUS. CFIUS is an interagency
body with the power to review and, in some cases, advise the President to block
foreign direct investment into the United States, known as inbound FDI, on
the grounds that certain investments may erode America's technological advantages
that underpin our national security. Maintaining our defense while upholding
our economic prosperity is a sensitive and challenging task. The broad free flow
of capital is a fundamental part of our remarkably successful free market system.
In particular, inbound FDI is a source of much-needed investment in American
business. From 2016 through 2020, between 150 and 500 billion dollars in FDI has
flowed into the U.S. each year. This inbound FDI can lower prices and
increase the choices available to American consumers, strengthen the
American workforce, increasing employment and wages, and fund research and
development that contributes to technological innovation and economic
growth. However, foreign governments and their agents know that
investing in an innovative American firm can potentially give them access to
valuable technology. Such investments, coupled with the tech transfers that may
follow, have the potential to allow adversaries to make a technological jump
that can be used against our national security, all without their having to
spend the time and resources innovating themselves. There's no more problematic
and systemic threat in this regard than China, as the U.S. intelligence
community's latest annual threat assessment says, and I quote, Beijing uses
a variety of tools from public investment to espionage to advance its
technological capabilities, end quote. Protecting against the threat of
adversaries using FDI to harm our national security is why we have CFIUS.
But given the importance of inbound FDI to our economy, it's vital that CFIUS
remains laser focused on screening for genuine national security threats, while
at the same time not undermining the attractiveness of the United States as a
place to invest and innovate. Mr. Rosen, if confirmed, you'd be only the second
Treasury Assistant Secretary of Investment Security. Since this position
was created in 2018, FIRMA made several notable changes to CFIUS.
Before FIRMA, CFIUS only reviewed transactions when a foreign person gained
control or majority ownership of a U.S. company. FIRMA expanded the scope of
transactions that CFIUS can review to include non-controlling investments in
certain U.S. businesses and certain real estate transactions near military bases
and sensitive infrastructure sites. FIRMA also created a fast-track process
that allows companies to potentially shorten the CFIUS review process through
a mechanism called a declaration, as opposed to filing a traditional
notification. That process seems to be working well. I'll be looking forward to
your reflections on that. Now turning to the U.S. Mint, Ms. Gibson has been
nominated to serve as the Director of the Mint, which was established in 1792
in the great Commonwealth of Pennsylvania and the city of
Philadelphia. Founding fathers understood that in order for the United States to
prosper, it needed its own monetary system. The Mint continues to play a
vital role by manufacturing coins that Americans use every day. It also produces
precious metals and collectible coins, and for the Mint to thrive, it must
continue to innovate and release new products that resonate with the public. I
look forward to hearing from our witnesses today, Mr. Chairman.
Thank you, Senator Toomey. Would each of you rise and raise your right hand, please?
Do you swear or affirm that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?
And do you agree to appear and testify before any duly constituted committee in
the United States Senate? Thank you. Please be seated.
And Ms. Gibson, you are recognized to begin your testimony. Thank you again.
Thank you, Mr. Chairman, Ranking Member, and distinguished members of the
committee for allowing me to appear here today. With me today are my
children, my son, Alexander, and his wife, Catherine, my daughter, Heather, and my
son, Charles. I am honored that the President nominated me to serve
as the Director of the United States Mint, a responsibility that I do not take
lightly, and I would like to thank Vice President Harris, Secretary Yellen, and
Deputy Secretary Adeyemo for their support. My career in public service
began more than 40 years ago when, following high school, I joined the
United States Navy. My time as a Navy Air Traffic Controller in Tennessee, Sicily,
and Cuba was one of the most rewarding experiences of my life and proved to be
the defining moments for me relevant to my values. After military service, I
continued to serve my fellow veterans for 23 years at the Department of
Veterans Affairs. At VA, I advanced from an entry-level professional to one of
VA's most senior executives, Deputy Assistant Secretary. In those roles, I
dedicated my life to our nation's veterans by further developing
employment programs and changing the diversity landscape of the department. In
January 1998, I led the development of the Office of Resolution Management at
VA, where I was responsible for handling the department's unlawful
discrimination complaints and its alternative dispute resolution cases. I
was also responsible for the development, articulation, and delivery of the
department-wide human resource policies, programs, plans for 260,000 employees. A
highlight during my time at the VA was serving as one of the first volunteers
during the opening and dedication of the Vietnam Veterans Memorial. We were called
upon to assist family members and friends in finding their loved ones'
names on the wall. I can still see and feel the tears of those mothers, fathers,
brothers, sisters, and fellow soldiers. For me, this moment crystallized our debt as
a nation to those fallen heroes and how their loss of life preserved our freedom
and defended our democracy. In 2003, the former administrator for the Federal
Aviation Administration, Marion Blakey, asked me to join her team as FAA's most
senior human resource executive. In that role, I stabilized a human resource
environment in the middle of a transition to a centralized model
without negatively affecting the agency's mission. Then, in 2011, I retired
after 35 years of federal service. In 2014, I was pulled from retirement and
appointed to the Department of Health and Human Services as the Assistant
Deputy Assistant Secretary for HR. In that position, I worked with the Office
of Personnel Management on several initiatives that led to flexible hiring
programs and the future of the federal workforce. In 2015, Mayor Mariel Bowser
appointed me to her cabinet as the city's top director of
human resources, where I transformed the district's HR program into a
high-performing, results-oriented organization, where I managed a
billion-dollar health benefits program for 80 agencies and 37,000 employees. Last
fall, I was honored to join the U.S. Mint as its deputy director. The Mint has a
rich and meaningful history, and it is the largest and most respected Mint in
the world. I would consider it a privilege and an honor and another
defining moment in my life if confirmed to be the director. If confirmed, I am
ready to lead a workforce dedicated to connecting America through coins. I will
focus on people, as they are key to the Mint's success, on our programs, from
commemorative medals to collectible coins to circulating coins, and on our
performance, one that is highly valued and highly thought of. Thank you again
for this opportunity to appear before the committee, and I
welcome your questions. Thank you, Ms. Gibson. Mr. Rosen, welcome. Thank you.
Chairman Brown, Ranking Member Toomey, distinguished members of the committee.
It is an honor to sit here before you today as the President's nominee to serve
as the Assistant Secretary for Investment Security for Treasury. My
life's journey into public service has its roots in these very halls, going back
nearly 50 years. In 1973, my parents met working in Congress. My father, from
California, a legislative assistant, and my mother, originally from Southeast
Washington, D.C., a legislative secretary, both working for Yvonne Brathwaite Burke,
the first African-American congressman elected from California. My parents were
drawn to Capitol Hill by a desire to serve, which was a value
instilled by their parents, including my grandfather, who enlisted in the Army to
fight as a corporal in World War II, and my grandmother, who spent 34 years
working at the U.S. Census Bureau. My parents married and relocated to
California, where they raised my brother and me, instilling in us the same values
of service, integrity, and hard work. My mother went on to teach elementary
school for 38 years, and my father practiced law with two friends, in
addition continuing his own public service, volunteering on city
commissions, arts, and education boards, and both continue to work to this day
into their 70s. My brother also found his own calling in community service.
After a long and difficult battle with addiction, he became a counselor at a
rehabilitation facility that helps at-risk youth, speaking to schools and
students and adolescents, trying to arm them with healthy tools to cope with the
stresses of life. I'm extremely proud that this summer will mark his 18th year
of sobriety. My own path, Senators, was greatly influenced by this history. After
graduating college, I packed a suitcase and bought a one-way ticket to
Washington, D.C., with the goal of working on Capitol Hill. My first opportunity was
working as a volunteer intern for the late Senator Carl Levin, and later I
worked as a staff assistant for Senator Joe Biden. After attending law school and
clerking for a federal judge, I returned to the Senate to serve as counsel on the
Senate Judiciary Committee, and then for nearly another decade, working in various
jobs at the Justice Department and the Department of Homeland Security, working
to protect public safety and national security. I was drawn to these roles, in
part, from witnessing the scourge of illegal drugs and the impact they've had
on so many victims, like my brother and others. And like my parents did a half
century ago, I met my wife on this journey, and we're blessed to have a
beautiful baby girl, and Casey is with me here today, while our daughter is home in
California with her grandparents, watching the hearing. I can't thank them
and our entire family enough for their love, support, and sacrifice. Senators, the
Committee on Foreign Investment in the United States, or CFIUS, plays a vital
role in protecting U.S. national security. As technology advances at warp
speed, and the intentions and capabilities of our adversaries expand,
CFIUS and the talented career professionals who support it are
critical gatekeepers in protecting the United States from malign foreign
investment, while continuing to promote an open investment environment. And there
is perhaps no more consequential time in our history than now to make certain
that working with this committee, CFIUS is successful in executing on its
national security mission. My professional path, experiences, and values
have prepared me well to fulfill the role of Assistant Secretary. My work as a
prosecutor, senior government official, and national security lawyer uniquely
positioned me to fully and faithfully execute Congress's statutory
mandate in the landmark Foreign Investment Risk Review Modernization Act,
a vitally important bipartisan tool that updated the framework, authorities, and
functions of CFIUS. Senators, if confirmed, I would be honored to serve alongside the
talented and dedicated career professionals in the Office of
Investment Security and International Affairs to preserve an open investment
environment that supports economic growth and innovation while protecting
U.S. national security interests. Thank you, and I look forward to your questions.
Thank you, Mr. Rosen. I'll start with you, Ms. Gibson. According to New York Times, an
internal report commissioned last year by the Mint found the organization had,
their words, a culture problem marked by implicit bias, unfair hiring practices,
racial tension. This reporting is extremely troubling to us, and I assume
to you. As someone with decades of experience engaging in executive
oversight and workforce development, you laid your career out beautifully, I
thought. Building inclusive teams within government agencies, you understand the
importance of addressing culture issues directly. I know you're new to this
agency. I know that report came out, and that report was from September. You
joined the next month. What have you been doing in the months that you've
been acting director in your current capacity to address these issues? What
plans do you have to continue this work, if confirmed? Thank you, Chairman, for the
question. Since I've joined the Mint in October of last year, and after having
digested the report and using it as a pre-decisional document in action
planning going forward, I've put in place what I call a blueprint for change, and
this is based on my values of fairness, integrity, and trust, because that is so
essential to leadership and the trust of the nearly 1,700 Mint employees. That
being said, the blueprint for change is actually a guide to how we address these
unlawful perceptions by employees of discrimination, marginalization,
insensitivity, or in fact, in some cases, workplace harassment. I've ensured the
development of an anti-harassment policy, and I've laid in place, again,
that blueprint, which has a 10-point actual plan that I would be willing to
sit down with you and the staff to go over in detail and provide an update on
how we are accomplishing making sure we address it. Just two examples, I've
created the Office of Chief Equity, the Chief Equity Office, that will look with
an eye towards our lens towards equity, and I've hired a consultant to come in
and help me make sure I affect change. Thank you. Mr. Roseland, I'll turn to you.
The Assistant Secretary is charged with leading the Interagency Committee in
reviewing certain foreign investments to identify and address national security
concerns that those transactions may pose. You outlined well in your
opening statement how your previous federal service will inform your work as
Assistant Secretary, so my question is this. In FIRMA, Congress recognized the
national security implications of foreign investments in U.S. businesses
that maintain or collect sensitive personal data. Your work at DHS and the
private sector provided opportunities to understand how companies structure
transactions and business involving personal data. How will you ensure that
CFIUS is reviewing transactions involving sensitive personal data, and
what will you consider when reviewing such transactions? Chairman, thank you for
that question and for raising the important issue of sensitive personal
data. As you and the Ranking Member know, this was an issue that was the
authorities for which were enhanced in FIRMA, and sensitive personal data now is
one of the triggers for reviewing a non-controlling investment, and as we
know with technology and the advent of various technological advancements,
sensitive personal data of Americans is everywhere, and it's an issue that FIRMA
has rightly focused on. So one of the things that we would do is, of course, in
assessing certain jurisdiction of non-controlling investments, look to the
statute, look to the factors, and look to whether and to what extent U.S. sensitive
personal data would be exposed, because there's a great concern that our
adversaries could get a hold of sensitive personal data. They've done it
before, and they're looking to do it to exploit that data on U.S. citizens, and so
it's something that, Senator, if confirmed, we would take a very close look at and
making sure that we're protecting that sensitive information. Thank you. Last
question, another for you, Ms. Gibson. Since its founding, as the Ranking Member
pointed out, in Philadelphia, the Mint has served the American people by
manufacturing, distributing, circulating coins. It's been reported that the
coronavirus pandemic caused disruptions to the normal circulation patterns for
coins. As we return to normal, if you're confirmed,
as we return to normal, businesses reopen to full capacity. Describe what the
Mint is doing to promote circulation, and as you answer that, just tell us if
you're still seeing those disruptions and how you're going to address it. As you
can appreciate, Senator, thank you for the question, sir. The U.S. Mint is an
operational arm of the currency that we produce in the United States, and at the
Federal Reserve's request, we deliver, and we have delivered all coins requested by
the Federal Reserve for distribution to the banks. That being said, we also have
looked at what flowback is. We participated in the U.S. Coin Task Force
that made recommendations on how we can get coins back flowing from the nearly
128 million homes that during the pandemic have kind of kept coins without
negotiating them through our economy. And we also are looking at, we have a
program called Get Coins Moving. I did a press release last year, last week, to
just out there to as many of the media as possible, saying, hey, bring the coins,
let's get them back into the economy. Thank you. Senator Toomey. Thank you, Mr.
Chairman. Mr. Rosen, as you know, when FIRRMA was passed, it dramatically
expanded the scope of transactions that would be subject to CFIUS review, and
CFIUS seems to have stepped up and significantly increased the volume of
transaction that it has looked at, evaluated, many under the declaration
process, which is the faster process of getting to an approval. But certainly
CFIUS has its hands full with this volume of transactions. I am
concerned that we should not, certainly anytime soon, add to the burden or create
distractions or meddle with CFIUS's core mission because it's a big job and it's
a very important job. I guess I'd like to get your perspective on how you think
about the specific national security threats that arise from China in
particular when it comes to acquiring American technology. So briefly, your
assessment of the nature of this threat, how serious is it, and how do you view
how CFIUS is currently managing that? Senator, thank you for that
question and for raising this critical issue. The threat from China, frankly,
is significant. It's a strategic economic competitor. It's engaged in conduct that
is adversarial against our national security interests. They're engaged in
acts of stealing intellectual property, technology, and the like. You cited the
Intel assessment. It's a threat that I think we need to be very, very focused on,
Senator, and it's one that I take very seriously. In terms of how the committee
would approach that threat, frankly, Senator, I think you and others in FIRMA
provided significant tools to examine and go after that threat, and they're
tools that I would intend to use. For example, the non-notified transaction
process, very important. Monitoring and compliance issues, very important. The
jurisdictional issue of being able to look at transactions intended to evade
CFIUS jurisdiction, very important because I think we need to be focused on
the threat in front of us, but also the threat of tomorrow. So in my opening
remarks, I mentioned how important inbound FDI is to the American economy.
I assume you agree that that is an important asset for our economy. Yes,
Senator. So my question is, given the importance of FDI and given that CFIUS
can review and intervene and even block FDI, how do you both safeguard critical
U.S. technology, but at the same time avoid becoming a cumbersome obstacle to
legitimate FDI? And sort of a related question, how do you make sure that
CFIUS does not become a tool for just protectionism? Senator, thank you for
raising that and for the question. On the first, it is a balance. We need to make
sure, and if confirmed I would engage in this, make sure that we are efficiently
and effectively moving transactions. Moving benign investment through the
process is a very important piece of the CFIUS review. Predictability and
certainty in the business community, very important, all while focusing on national
security are things that I think the balance needs to be struck. You've raised
those two pieces. I think moving forward from a CFIUS operational
perspective, I think those are the things that if confirmed I would be looking to
work with this committee on in striking that balance. Thank you. Ms. Gibson, as I
mentioned in my opening statement, the Mint needs to continue to innovate and
release new products that resonate with the public. That includes
collectibles. Two examples I want to ask you about, the Morgan and Peace silver
dollars. My understanding is that in 2021 the Mint released the popular new
versions of each of these coins and they sold out within minutes. But in 2022, I
understand the lack of availability of silver has caused a suspension of the
production of these coins. I've been approached by stakeholders who are very
concerned that if we skip a year's production in 2022 and wait until 2023 to
resume production, that that will have an adverse negative impact on the
attractiveness of this series, the value of these coins. So I'm wondering, is it
possible to actually produce these coins in 2022 rather than just waiting until
2023? Thank you, sir, for the question. The Morgan and Peace program was highly
popular. As you mentioned, it sold out in minutes. And we also received a number
of complaints from customers that were not able to obtain the Morgan and Peace.
For 2022, we thought about how can we go about ensuring that we will have enough
coinage Morgan and Peace specifically for the customers, especially since we
sold out in 2021 and could not meet that customer demand. I pulled together a team
of experts from manufacturing, sales and marketing, legal and the chief financial
fiscal officer to make sure that going forward, we could produce the Morgan and
Peace in 2022, given the fact that we have to also balance our silver supply
chain with our bullion program, which is congressionally mandated. Thus, we made
the decision that we would bypass 2022 and in 2023 make the Morgan and Peace
coin and that way make enough sufficient to satisfy customer demand. So my time is
out, but I've just my understanding is it would be possible to make some coins
in 2022, probably not sufficient to meet the full demand. But a number of
constituents have suggested that it's better to at least meet some demand and
have the continuity of production rather than wait till 2023 when maybe you'd be
able to meet the full demand then. So I would just ask you respectfully to
consider that possibility. Thank you, sir. And I surely will.
Thanks, sir. To me, Senator Warren from Massachusetts is recognized.
Thank you, Mr. Chairman. The Biden administration has rallied the world to
impose historic sanctions against Russia for its invasion of Ukraine. These
sanctions include seizing yachts, mansions, financial holdings that Vladimir Putin
and his oligarch buddies have stashed abroad. But to enforce these sanctions, we
need to know who owns what. So, Mr. Rosen, if confirmed, you would play a leading
role on the Committee on Foreign Investment in the United States. Now,
CVS doesn't enforce sanctions, but they do review foreign investments in the
United States to make sure that they don't pose a risk to our national
security. That means that they know a lot about the importance of finding out who
is behind an investment. So, Mr. Rosen, let me ask you, when a shell company
tries to buy a U.S. semiconductor company or real estate right next to a
military base, CVS does a tremendous amount of work to find out who is behind
the shell company, often the entity known as the beneficial owner. So, why is it
so important to national security that we know the actual identity of who's
investing in the United States? Senator Warren, thank you for that question.
Certainly, understanding where money is coming from, who is controlling the
money, what does that flow look like are key considerations in any national
security risk assessment? But CVS only reviews a few hundred transactions a
year, and it focuses on investments that lead to foreign control of important U.S.
businesses. That's its special niche. That prevents foreign adversaries from
buying the companies that, for example, run our power grid. But it doesn't stop
criminals, terrorists, and sanctioned oligarchs from making other kinds of
investments in the U.S., including stashing a lot of money here. We do have
other safeguards. Know your customer requirements. Require the financial
institutions to ask basic questions about potential clients before helping
them hide buckets of cash in our financial markets. Now, these rules apply
to most American financial institutions like banks and mutual funds and even
casinos. Catherine Cortez-Masto thought you might want to remember that. They're
all paying attention under know your customer. But there is a huge loophole
for the $11 trillion private investment industry. Mr. Rosen, if a Russian
oligarch uses a shell company to invest his billions with a U.S. private equity
firm, is that private equity firm required to find out who's actually
behind that shell company? Senator, I do not believe so. That's right. The answer
is no. And that creates a huge loophole for oligarchs to be able to evade
sanctions and to continue to carry on business right here in the United States.
This loophole also poses a threat to the stability of our financial system
because we don't know what parts of the financial system have been infiltrated
by Russian money. And that means we don't know what impact sanctions could
have. And it's hard to be confident that private funds are actually complying
with sanctions as required by current law. So, Mr. Rosen, do you agree that it
is a threat to both national security and financial stability to allow private
investment companies to blindly accept cash of Russian oligarchs, not to
mention money from human traffickers, drug lords and terrorists? Senator, I
certainly believe that beneficial ownership inquiry analysis is a key
national security consideration, particularly when it comes to CFIUS.
Good. You know, last year, the Biden administration committed to fixing this
loophole. But Russia's invasion of Ukraine has made it clear we don't have
any time to waste here. With every day that passes, Russian oligarchs and
government officials continue to profit from illegal investments in the United
States. That's why I sent a letter last week to the Treasury Department and
the SEC asking them to immediately close the know-your-customer loophole
for the private investment industry. The United States has led the world in
imposing strong sanctions against Russia, and we must use every tool
possible to enforce those sanctions. Thank you, Mr. Chairman. Senator Cortez
Masto from Nevada, where there was one cement in Carson City and now a museum,
right? That's absolutely right. I was going to lead with that. I'm sorry. I'm
just going to lead with that. So first of all, congratulations to the
nominees. Welcome. Congratulations. Welcome to your family members. And so,
Ms. Gibson, I was going to start with that. Because the mint, and the U.S.
mint, and because of the Comstock load, as you well know, we had a mint in
Carson City for a period of time. It is now part of our state history, Nevada
History Museum. We are very proud of it. I was just there, actually. They were
actually minting some coins. So let me talk to you a little bit about this,
because I was pleased to see President Biden sign into law a bill that I
worked with, with Representative Barbara Lee, Circulating Collectible Coin
Redesign Act of 2020. And I was fortunate enough to lead this with
Senator Fischer. We had 24 co-sponsors, including Senators Toomey, Daines,
Moran, and Smith. And what we did in that piece of legislation was to
recognize important women in our nation's history. And I was particularly
pleased that Maya Angelou was chosen for the inaugural quarter, as you well
know, about her legacy, and her, which really helped to fuel greater
fairness and understanding across our nation around activism and her
writing. I am looking forward to collecting the next quarter honoring
astronaut Sally Ride. But my question to you is, if confirmed, how would
you ensure that the U.S. mint increases awareness of these quarters
honoring prominent American women, particularly among children and young
people? And how do you think this type of recognition helps with the work
that ultimately you do is minting coins and making sure that they're out
there in circulation amongst the American public?
Thank you, Senator, for that question. And thank you for your leadership
of the American Women's Coins Program. We, as you know, we still this year
have three remaining, and that's Wilma Mankiller, Nina Otero-Warren,
and Anna Mae Wong. And we've announced the five women for 2023, which
are Bessie Coleman, Jovita Idar, Edith Kananoko'oli, Eleanor Roosevelt,
and Maria Talchi. And the program will continue through 2024 with five
additional women, with your input as well, and through 2025, five
additional women. The reason why this is so critical that we capture
women on coins, because women help contribute and build this great
nation. And the contributions of these trailblazers, and those that
have gone through the suffrage movement, and those that have gone
through voting rights, and those that have really made a difference in
how we as a country operate. We have women on the front lines in our
military every single day. It is my desire, if I am confirmed at the
privilege of being confirmed for this position, to make sure that going
forward, women are just a natural part of the coin process, and that we
don't have to have a special program to recognize them, that they have
an equal voice and an equal presence in our coinage.
Thank you. I want to jump to Mr. Rosen, because I only have so much
time here, but I appreciate the work that you're going to do around not
only this, but the work that is so crucial for the U.S. Mint, and your
background clearly shows you have the experience to lead the helm there.
Mr. Rosen, another area I want to highlight some of the glowing letters
of support that I have received in support of your nomination as well.
One of those is from the National Fraternal Order of Police. They spoke
to your ability as a reliable partner of law enforcement. You are
described as a thorough prosecutor of crimes such as drug trafficking,
violent crime, and financial crimes, and your work at Homeland Security
serving under Secretary Johnson to combat threats to the homeland such
as ISIS and cybersecurity. Talk, if you would, about your experience
in cybersecurity and counterterrorism and how that will inform your work
at CFIUS. Thank you very much, Senator, for the
question and the reference to that letter. My
experience in national security law enforcement will
critically inform how I approach the role of assistant secretary.
When I was chief of staff of the third largest cabin agency,
we were responsible for addressing threats to the homeland from a variety
of sources, and as you point out, those were counterterrorism threats
that were ISIS-inspired actors and, critically, cybersecurity threats
to our critical infrastructure and commercial partners.
We work to harden that infrastructure, both commercially and on the
government side, and we work to counter the threats
coming from overseas, particularly from China and elsewhere.
Senator, if confirmed, it's something that I will be focused on.
Thank you. I appreciate your comments because going back to what
Senator Toomey talked to you about with respect to the
with the Chinese Communist Party, I do think your background lends itself
to prepare to handle issues such as the
CCP-backed venture capitalist investors targeting
emerging technology firms. I am hopeful that, based on your
background and what you've just already talked today about the balance and
finding that balance, that you are going to be just as
effective in what we need here, and that you will also come back to us
and tell us what additional tools you might need
as we address and look at the concerns happening abroad.
So, I am done. Thank you so much. Congratulations to both of you.
Thank you, Mr. Chair. Thanks, Senator Cortez Masto. Senator Hagerty
is recognized from the state of Tennessee. Thank you, Mr. Chairman,
and congratulations to our two nominees. Mr. Rosen, I'd like to turn to you first
and talk about a topic that's near and dear to my heart, which is SIPIUS.
Senator Cortez Masto, I'm certainly just talking with you about that as well,
and I want to initially ask for your commitment to work with this committee,
and in particular the National Security Subcommittee, which I'm the ranking
member, to continue to refine the improvements in our investment
screening regime that are enabled in FIRMA and as enabled through the
regulations that are developed and published over the past few years.
You certainly have my commitment, Senator. Yes.
Thank you. Thank you, Mr. Rosen. As FIRMA noted, investment screening is
more effective if our like-minded allies are operating similar systems,
screening out similar nefarious investments. And to that end, the previous administration
established an office within Treasury to work with allied nations to establish
and coordinate investment screening. In fact, when I served as U.S. Ambassador to Japan,
I had teams come over to work with our partners there to try to share our knowledge,
to share our best practices, to make certain that our allies are working in the same direction that
we are. I think we're all much better off when we have coordinated screening in that manner.
We've seen a lot of positive movement in that direction, and we've got more than a
dozen countries now strengthening or expanding their systems. So I'd like, Mr. Rosen, if you
just talk for a few minutes, if you would, about your priorities for engaging with our
allies to further synchronize our systems. Senator, thank you for that question and
raising this issue of international engagement, which is critical, as this committee saw when it
enacted FIRMA, frankly. As we get stronger through the implementation of FIRMA and our systems
do a better and more thorough job of screening foreign direct investment, we do need to be
increasingly cognizant that those malign actors are going to go to our partners and try to get
at that critical technology, that critical infrastructure, that know-how, as you point
out, through other mechanisms. And so working with our allies, it will be a priority of mine
to help them build up their capabilities like we built ours up in FIRMA. And my experience engaging
with foreign partners in doing so, I will sort of leverage that experience, Senator, to work to
enhance that, because FIRMA also talked about accepted foreign states, right, and giving an
incentive for countries to do that. So you have my commitment that will be a focus of mine.
I appreciate that. My observation working with our teams in the past was that we have very talented
people, but we have a dearth of talent as well. It's a tough process. It's one that requires
certain expertise. And I'd love to hear your comments on the manpower aspect of this and
what your plans might be to recruit and enhance that. Certainly, Senator, and thank you for that.
I'm not in the building, so I haven't been able to assess firsthand. My understanding is that with
FIRMA, the resources through filing fees and otherwise have grown. The manpower has grown
in a very positive way. And so I'm looking forward to getting in and assessing that.
And you certainly have my commitment that if I identify gaps, I will come back to this committee.
But in terms of the focus, I think that from what I've seen on the outside, the office is
doing a good job in working to implement and build those resources and devote the resources,
as you point out, to the priorities of FIRMA. Well, back to your initial commitment of working
with us and, again, my subcommittee, I very much appreciate that, because I want to make
America the most attractive place to invest capital. We've got great partners. We can deepen
our economic alliance, and our economic security begets national security. So I want to make
certain that we have a process that facilitates the proper sort of investment, the proper sort
of partnerships, but at the same time protects intellectual property and makes certain that
it doesn't fall into the wrong hands. So I look forward to working with you closely on that.
I'd like to come to another aspect of CFIUS, if I might, and that has to do
with the parties who are required to file with Treasury for covered transactions.
Over the years, the government has discovered that many transactions are finalized that
weren't disclosed. They call them non-notified transactions. And those transactions, once
they're discovered, then require CFIUS review. And once we determine that some of those
transactions might actually impose risk to our national security, they have to be unwound.
Given your experience as an attorney, I think you know how complicated that can be,
how disruptive that can be. It takes a lot of our manpower, and it really leads to many,
many challenges. So I'd like to understand a little bit more how you plan to encourage the
parties that file covered transactions to do so properly, and how to make certain that we don't
have these non-notified transactions. Are there areas where you see opportunity there?
Yes, thank you, Senator. And I agree with you that we do want to encourage companies to come
in the front door. And there is an informal engagement process with CFIUS that's in place
to allow companies to engage, to ask questions, and the like. Through FIRRMA, there was also
a declaration process put into place for, to your point about encouraging foreign direct
investments, speedy, swift resolutions to the inquiry. And so, Senator, if confirmed,
I'm going to be focused on this issue. I'm going to be looking at resources because I do want to
make sure that benign investment flows efficiently and effectively through the system,
while staying laser focused on national security. I'll look forward to working with you on that,
too, because I think a good communication program, particularly with our U.S. side,
private equity, venture capital investors, to let them know what the consequences are,
what the difficulty would be of having to unwind these transactions could be very effective.
Thank you very much for your time. Ms. Gimson, congratulations. I'm going to submit my questions
for you for the record. Thank you, Mr. Chairman. Thank you, Senator Hagerty. Thank you to the
nominees today for being here and providing testimony. I hope we work together as a committee
to move forward quickly on the nominations of both these two qualified nominees. For senators
who wish to submit questions for the hearing record, as Senator Hagerty said he plans to,
those questions are due close of business on Monday, April 11th at 5 p.m. For the nominees,
we'd like you to have your responses back to us by Monday, April 18th at noon. Thank you again for
your testimony, and the committee is adjourned.