[Senate Hearing 110-1151]
[From the U.S. Government Publishing Office]
S. Hrg. 110-1151
NOMINATIONS TO THE
DEPARTMENT OF COMMERCE
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
__________
MAY 1, 2008
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska, Vice Chairman
Virginia JOHN McCAIN, Arizona
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Lila Harper Helms, Democratic Deputy Staff Director and Policy Director
Christine D. Kurth, Republican Staff Director and General Counsel
Paul Nagle, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on May 1, 2008...................................... 1
Statement of Senator Stevens..................................... 1
Prepared statements submitted by Senator Stevens:
Collins, Hon. Susan M., U.S. Senator from Maine.............. 9
Snowe, Hon. Olympia J., U.S. Senator from Maine.............. 1
Witnesses
Brennan, Dr. William J., Nominee to be Assistant Secretary for
Oceans and Atmosphere, United States Department of Commerce.... 10
Prepared statement........................................... 12
Biographical information..................................... 13
Claffee, Lily Fu, Nominee to be General Counsel, United States
Department of Commerce......................................... 2
Prepared statement........................................... 4
Biographical information..................................... 4
NOMINATIONS TO THE
DEPARTMENT OF COMMERCE
----------
THURSDAY, MAY 1, 2008
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in the
Russell Senate Office Building, Room 253, Hon. Ted Stevens,
presiding.
OPENING STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. Good afternoon. I'm grateful to the
Chairman for asking me to chair this hearing so that we might
have the opportunity to present these nominations to the floor
as soon as possible. We know the jurisdiction of the Commerce
Department is extensive, ranging from development of
telecommunications and information policy issues to the state
of fisheries and the oceans, and the Department is launching
many challenging initiatives in all of the areas of its
expertise, including NOAA.
I know Senator Snowe would like to be here today. She's
asked me to pass along her regrets in particular to you, Dr.
Brennan. Her presence is required at the mark-up of another
Committee where I should be, also, but she's asked the Chairman
to introduce her statement in the record and it will be
introduced in the record.
[The prepared statement of Senator Snowe follows:]
Prepared Statement of Hon. Olympia J. Snowe, U.S. Senator from Maine
Thank you, Mr. Chairman, and let me express my sincere appreciation
to you for your timely consideration and scheduling of this hearing for
the nominee for Assistant Secretary of Commerce for Oceans and
Atmosphere.
Mr. Chairman, Vice Chairman Stevens, other Members of the
Committee, I am pleased to introduce and speak on behalf of the
President's nominee to be Assistant Secretary for Oceans and
Atmosphere, Dr. William J. Brennan, an individual uniquely suited to
address the vast array of issues encompassed by this position. And I
also want to welcome here today his wonderful family--his wife,
Heather, and their children, William, Tyler, and Hayley. I know this is
a proud moment for them as well.
A scan of Dr. Brennan's resume reads like a wish-list of experience
one would hope to find in a nominee for the number two position at
NOAA. He holds a Bachelor's degree in Marine Biology, a Master's in
Marine Affairs, and a Ph.D. in Ecology and Environmental Sciences. For
eight years, he served as Commissioner of Maine's Department of Marine
Resources during the Administration of my husband, Governor John
McKernan. And he has worked for NOAA at both micro and macro levels--as
a marine fisheries scientist early in his career, and most recently as
Deputy Assistant Secretary for International Affairs, and Acting
Director of the Climate Change Science Program.
His exemplary work in these offices combines with an appreciation
for our oceans born of a lifetime spent along the coast of Maine. This
was never more readily apparent than during his tenure as our
Commissioner of Marine Resources. Faced with a declining budget, he
still managed to maintain and even enhance critical services, while
leveraging support to construct a $10 million state-of-the-art marine
research facility which has led to vast improvements in the management
of Maine's lobster and shellfish industries and increased ocean
literacy throughout the state. As NOAA's Director of International
Affairs, Bill reinvigorated NOAA's international programs, scoring
major victories for U.S. foreign policy through stronger high seas
fishing regulations, prevention of the resumption of commercial
whaling, and establishment of the Global Earth Observation System of
Systems.
Most recently, in 2006, Bill took over as Acting Director of the
Climate Change Science Program, a $1.7 billion undertaking spanning
thirteen Federal agencies. I think everyone in this room understands
the degree of difficulty involved in convincing even two branches of
the Federal Government to work in tandem. But under his leadership, the
CCSP is on track to issue sixteen reports--some as much as 3 years past
due--by the end of the year, and a comprehensive Scientific
Assessment--which was last updated in 2000--by the end of this month.
If confirmed, Bill will provide over thirty years of background in
marine science, legislative process, leadership, and oversight at a
time when NOAA faces a broad spectrum of challenges, from
implementation of the Magnuson-Stevens Reauthorization Act to
developing policies for mitigation of and adaptation to the impending
impacts of global climate change. He has a documented history of
implementing sensible, efficient policies to manage the invaluable
resources and incalculable splendor of our oceans. I have no doubt that
this level of service will continue as Assistant Secretary of Commerce
for Oceans and Atmosphere.
Again, I want to commend the Committee for holding this hearing and
I appreciate your consideration of William Brennan for Assistant
Secretary of Commerce for Oceans and Atmosphere. Thank you, Mr.
Chairman.
Senator Stevens. And we're pleased to have you here, Ms.
Claffee. So I would like to begin with you, Ms. Claffee, to be
nominated to be the General Counsel of the Department of
Commerce.
Do you have a statement you wish to make?
STATEMENT OF LILY FU CLAFFEE, NOMINEE TO BE GENERAL COUNSEL,
UNITED STATES DEPARTMENT OF COMMERCE
Ms. Clafee. Thank you, Mr. Vice Chairman. I'm honored to
appear before you today as the President's nominee to serve as
the next General Counsel of the United States Department of
Commerce.
I'm grateful for the opportunity that President Bush has
given to me to continue serving the American people, and I
deeply appreciate the confidence and support shown to me by
Secretary Gutierrez. I also wish to extend a sincere word of
thanks to this Committee and to its staff for the courtesies
that you have extended me throughout this process.
The General Counsel of the Department of Commerce serves as
the agency's chief legal officer, providing legal advice and
guidance to the Secretary and other senior Commerce officials
as they further the core mission of the Department, namely, to
serve the American people by helping to create the right
conditions for economic growth and expanded opportunity.
The breadth of the Department's responsibilities and
activities is reflected in the complex legal environment within
which the Department must operate. Handling the wide range of
issues faced daily in the Department, from regulation of
international trade to management of marine fisheries to
numerous scientific, environmental, technological and economic
endeavors, is a formidable challenge but it is one that I
welcome.
If I'm confirmed by the Senate, I would bring valuable
experience and knowledge to the position of General Counsel. In
my nearly 15 years of law practice, I've had the privilege of
serving in a number of public and private sector positions,
first as a law clerk to a Federal appellate judge, as an
associate, then later as a litigation partner in the global law
firm now known as Mayer Brown, LLP, handling complex antitrust
matters.
I was a hiring partner of that firm's 200-attorney
Washington office. As a Deputy Associate Attorney General at
the Department of Justice overseeing several major litigating
components, and currently, as the deputy general counsel of the
Department of the Treasury where, along with the general
counsel, I oversee a legal division of nearly 2,000 attorneys.
Each of these positions has helped provide me with the
skills and experience necessary to lead and manage the work of
a large legal organization charged with a vast array of
programmatic responsibilities.
My government service over the last 3 years in particular
has given me broad exposure to the functioning of Federal
agencies, their relationship with Congress, and the importance
of having strong and independent Inspectors General.
Yet I know I have much to learn about the Commerce
Department and the laws and regulations that govern its
operations. As I learn, I know I will be well supported by a
deep staff of talented career lawyers and other professionals.
I am confident that, with their support, I will be able to
perform my duties with the skill and professionalism that the
President, the Members of this Committee, Secretary Gutierrez
and the public expect and deserve.
In particular, the General Counsel serves no more important
role than the chief ethics officer for the Department.
Secretary Gutierrez has already requested that during my
tenure, I continue to make this responsibility a top priority
of the Department.
In conclusion, let me affirm my belief that stewardship
through public service is a special privilege and
responsibility and that it is a lawyer's highest calling.
Nowhere have I learned this lesson more vividly than from my
immigrant parents who, having left their homes and families
behind in China many decades ago in search of the American
dream, felt a particular responsibility to impress upon their
American-born daughter how precious the blessings of liberty
and opportunity are that they found in this great land.
They and in particular my father, who as a young airman in
China, fought in the Second World War with men like the
Chairman and the Vice Chairman to preserve a heritage of
freedom, keenly understood the importance of service to one's
nation.
If confirmed, I will commit my utmost ability, integrity
and devotion to serving the president and the American people.
Thank you again, Mr. Vice Chairman, for the opportunity to
appear before you today and for your consideration of my
nomination, and I would be pleased to take any questions that
you may have.
[The prepared statement and biographical information of Ms.
Claffee follow:]
Prepared Statement of Lily Fu Claffee, Nominee to be General Counsel,
United States Department of Commerce
Mr. Chairman, Mr. Vice Chairman, Members of the Committee,
I am honored to appear before you today as the President's nominee
to serve as the next General Counsel of the United States Department of
Commerce. I am grateful for the opportunity that President Bush has
given me to continue serving the American people, and I deeply
appreciate the confidence and support shown to me by Secretary
Gutierrez. I also wish to extend a sincere word of thanks to this
Committee and to its staff for the courtesies they have extended to me
throughout this process.
The General Counsel of the Department of Commerce serves as the
agency's chief legal officer, providing legal advice and guidance to
the Secretary and other senior Commerce officials as they further the
core mission of the Department--namely, to serve the American people by
helping to create the right conditions for economic growth and expanded
opportunity. The breadth of the Department's responsibilities and
activities is reflected in the complex legal environment within which
the Department must operate. Handling the wide range of issues faced
daily in the Department--from regulation of international trade to
management of marine fisheries to numerous scientific, environmental,
technological, and economic endeavors--is a formidable challenge, but
one that I welcome.
If confirmed by the Senate, I would bring valuable experience and
knowledge to the position of General Counsel. In my nearly 15 years of
law practice, I have had the privilege of serving in a number of public
and private sector positions: as a law clerk to a Federal appellate
judge, as litigation partner in the global law firm now known as Mayer
Brown LLP handling complex antitrust matters, as hiring partner of that
firm's 200-attorney Washington office, as a Deputy Associate Attorney
General at the Department of Justice overseeing several major
litigating components, and currently as the Deputy General Counsel of
the Department of the Treasury where, along with the General Counsel, I
oversee a legal division of nearly 2,000 attorneys. Each of these
positions has helped provide me with the skills and experience
necessary to lead and manage the work of a large legal organization
charged with a vast array of programmatic responsibilities. My
government service over the last 3 years in particular has given me
broad exposure to the functioning of Federal agencies, their
relationship with Congress, and the importance of having strong and
independent Inspectors General.
Yet I know I have much to learn about the Department, and the laws
and regulations that govern its operations. As I learn, I know I will
be well supported by a deep staff of talented career lawyers and other
professionals. I am confident that, with their support, I will perform
my duties with the skill and professionalism that the President, the
Members of this Committee, Secretary Gutierrez, and the public expect
and deserve. In particular, the General Counsel serves no more
important role than as chief ethics lawyer for the Department.
Secretary Gutierrez has already requested that, during my tenure, I
continue to make this responsibility a top priority for the Department.
In conclusion, let me affirm my belief that stewardship through
public service is a special privilege and responsibility, and that it
is a lawyer's highest calling. Nowhere have I learned this lesson more
vividly than from my immigrant parents who, having left their homes and
families behind in China many decades ago in search of the American
dream, felt a particular responsibility to impress upon their American-
born daughter how precious the blessings of liberty and opportunity are
that they found in this great land. They, and in particular, my father,
who as a young airman in China fought in the Second World War with men
like the Chairman and the Vice Chairman to preserve a heritage of
freedom, keenly understood the importance of service to one's nation.
If confirmed, I will commit my utmost ability, integrity, and devotion
to serving the President and the American people. Thank you again for
the opportunity to appear before you today, and for your consideration
of my nomination.
I would be pleased to respond to any questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Current Name: Lily Fu Claffee
Former Names: Lily Fu (maiden name)
Lily Fu Swenson (name during prior marriage)
2. Position to which nominated: General Counsel of the United
States Department of Commerce.
3. Date of Nomination: April 1, 2008.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Deputy General Counsel, United States Department of the
Treasury, 1500 Pennsylvania Avenue NW, Washington, D.C. 20220.
5. Date and Place of Birth: November 22, 1969; Chicago, Illinois.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Scott Andrew Claffee; Attorney, Mayer Brown LLP, 1909 K
Street NW, Washington, D.C. 20006.
Children: None.
7. List all college and graduate degrees. Provide year and school
attended.
University of Wisconsin--Madison, B.A. (1990) in Philosophy and
English
University of Minnesota Law Center, J.D. (1993)
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Deputy General Counsel, United States Department of the
Treasury, (September 2006-present).
Deputy Associate Attorney General, United States Department of
Justice, (April 2005-September 2006).
Partner, Antitrust and Litigation Practice Groups, Mayer,
Brown, Rowe & Maw, (January 2003-March 2005) (Hiring Partner,
2004-2005).
Associate, Mayer, Brown & Platt (1994-2002).
Judicial Clerk, Judge Michael S. Kanne, United States Court of
Appeals for the Seventh Circuit (1993-1994).
Summer Associate, Mayer, Brown & Platt (1992, 1993).
Summer Associate, Gross & Welch (1991).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Partner, Mayer, Brown, Rowe & Maw (January 2003-March 2005).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Admitted to practice law in the District of Columbia (1996-
present) and Illinois (1994-present).
St. Matthew's Cathedral (approx. 1996-present).
Old St. Mary's Catholic Church (approx. 2003-present).
John Carroll Society (various years since 1996).
American Enterprise Institute (various years since approx.
2000).
Heritage Foundation (various years since approx. 2000).
Federalist Society (various years since 1991).
Washington Sports Club (various years between approx. 1996 and
2000).
LA Sports Club DC (various years between approx. 2000 and
2006).
None of these organizations restricts membership on the basis
of sex, race, color, religion, national origin, age or
disability.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Deputy General Counsel, United States Department of the
Treasury (September 2006-present) (appointed).
Deputy Associate Attorney General, United States Department of
Justice (April 2005-September 2006) (appointed).
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
See records of the Federal Election Commission (retained in
Committee files).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Recipient of full tuition scholarships for all 3 years of law
school.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Balancing Antitrust Issues And Intellectual Property Rights: A
Practical Guide For Biotech/Pharma Companies In Managing Their
IP Portfolios, coauthored with Scott P. Perlman, Washington
Legal Foundation (2003).
``High Crimes From Misdemeanors: The Collateral Use Of Prior,
Uncounseled Misdemeanors Under The Sixth Amendment, Baldasar,
And The Federal Sentencing Guidelines,'' 77 Minn. L. Rev. 165
(1992)
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Presented oral and written testimony as Deputy Associate Attorney
General at the Department of Justice before the House Subcommittee on
Immigration, Border Security and Claims concerning Immigration Removal
Procedures Implemented in the Aftermath of the September 11 Attacks
(June 30, 2005).
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
The duties of my prior three jobs have prepared me and
affirmatively qualify me for appointment to serve as the General
Counsel of the Department of Commerce. As Deputy General Counsel of the
Department of the Treasury, I currently serve as the principal
assistant to the General Counsel, and am responsible for providing
legal and policy advice to senior Treasury officials as well as
overseeing the operation of a 2,000-attorney Legal Division. In this
position, I have gained wide-ranging experience in leading and managing
the work of a large legal organization charged with a vast array of
programmatic responsibilities relating to the Federal Government's
stewardship of U.S. economic and financial systems, and United States'
participation in the global economy. I have developed a deep
appreciation of the work done by the U.S. Government to strengthen
national security by promoting economic growth and stability, and
ensuring the safety, soundness and security of U.S. and international
financial systems. At the Justice Department, I formulated and
implemented legal policies and programs pertaining to a wide range of
civil justice matters, and helped oversee the work of several civil
litigating divisions, including the Antitrust and Civil Divisions. At
both agencies, I gained valuable experience advising and representing
Federal agencies and ensuring the effectiveness of large and diverse
legal organizations. Finally, prior to entering government, I was a
partner in a global law firm where I practiced in the areas of
antitrust and litigation, and served as the hiring partner for the
firm's 200-attorney Washington office. In that position, I managed
teams of attorneys on numerous complex litigation matters, and gained
valuable experience in legal recruiting, hiring and retention at
various levels of seniority to build a legal organization's depth and
strength, and to establish its reputation for excellence in the legal
marketplace.
I am truly grateful to have been given the special privilege and
responsibility of serving the Departments of the Treasury and Justice
for the last 3 years. I believe that public service is a lawyer's
highest calling. If confirmed by the Senate as General Counsel, I look
forward to providing quality legal services and sound legal advice to
enhance the Commerce Department's efforts to fulfill its mission to
serve the American people.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed as General Counsel, I will continue to maintain the
close working relationships with senior managers in the General
Counsel's office that were established by my predecessors. As the
Department's chief legal officer, I will exercise the oversight needed
to ensure that sound, timely and appropriate legal advice is provided
to support the effectiveness of Commerce programs, and to ensure that
the organizational goals and objectives of the General Counsel's office
are achieved. In addition to daily interaction with agency officials
and with senior managers in the General Counsel's office, I will attend
weekly Executive Management Team meetings under the direction of
Secretary Gutierrez, conduct weekly meetings of senior managers in the
Office of the General Counsel, and hold formal performance reviews
throughout the year.
Through close scrutiny of the Department's legal operations and
holding managers at all levels accountable for quality and results, the
Office of the General Counsel will continue to strengthen all facets of
its operations. I am committed to maintaining the Office's success as a
performance-oriented organization, and to implementing further
management reforms such as those established by the President's
Management Agenda.
As described in my response to the previous question, I have
extensive experience in managing large legal organizations. For the
last year and half as Deputy General Counsel at Treasury, I have been
responsible for my office's annual budget of $10 million (exclusive of
bureaus), and have overseen the work of approximately 2,000 lawyers in
15 different legal offices that provide advice on myriad legal issues
and policy considerations affecting the Treasury Department and its
diverse programs. I directly supervise the offices of four Assistant
General Counsels and three Tax Counsel; through these senior managers,
I additionally supervise ten bureau Chief or Legal Counsels. As a
Deputy Associate Attorney General, I oversaw the work of hundreds of
attorneys in a variety of operating components and litigating
divisions, including the Antitrust and Civil Divisions.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Because I am not currently employed at the Commerce Department, my
ability to know of the largest challenges facing the agency is limited.
Therefore, while I cannot provide a comprehensive response at this time
based on personal knowledge, I have reviewed public materials related
to the Department, and have identified the following issues as
important matters facing the Department:
Making the Transition to Digital Television. I understand that
the National Telecommunications and Information Administration
(NTIA) must play a crucial role in helping our Nation make the
transition from analog to digital television. Under the Digital
Television Transition and Public Safety Act of 2005, NTIA is
responsible for establishing and managing several new programs,
including, most notably, a grant program for public safety
interoperable communications and a coupon program for
television converter boxes. Because of the national scope and
broad impact of these programs, one of the Department's highest
priorities must be to ensure the success of these critical
initiatives.
Development and Acquisition of Satellites. I understand that
the National Oceanic and Atmospheric Administration (NOAA), in
collaboration with the National Aeronautics and Space
Administration (NASA) and the Air Force, is in the process of
acquiring certain next-generation satellite systems. Because
the accuracy of both routine and severe weather forecasts
depends on NOAA's satellites, these systems are critically
important to public safety and defense operations. Acquiring
satellites is a long and complicated process involving both
cutting-edge technical issues and large capital expenditures.
Successful procurement of next-generation satellites is an
important challenge facing the Department.
Success and Accuracy of the 2010 Census. I understand that
ensuring the success and accuracy of the 2010 census--including
successful management of the people, technology, testing and
budgets involved--is a top priority of the Department. Every
community in the United States is a stakeholder in the outcome
of the census. Integral to the success of the census is the
public's faith in the Census Bureau's ability to secure the
information that is collected. The Department must discharge
this important Constitutional responsibility by protecting the
data that is gathered, implementing the most effective
technologies, and improving the coverage and efficiency of the
upcoming decennial census.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I maintain an interest in a 401(k) savings plan established by my
former law firm (now called Mayer Brown LLP). As disclosed in my
financial disclosure form (see SF-278), my account is invested in
diversified mutual funds. No contributions have been, or will be, made
to this account after the termination of my employment in April 2005.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: See ethics agreement.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: See ethics agreement.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I was the defendant in Swenson v. Swenson, D.C. Superior Court No.
3-dr-409, an uncontested divorce case. The court entered a mutually-
agreed upon order of divorce on March 5, 2003.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of lily fu claffee
Legal Experience
United States Department of the Treasury, Washington, D.C., 2006 to
date, Deputy General Counsel.
United States Department of Justice, Washington, D.C., 2005-2006,
Deputy Associate Attorney General.
Mayer, Brown, Rowe & Maw LLP, Washington, D.C., 1996-2005; Chicago,
IL, 1994-1996; Partner, Litigation and Antitrust Practice Groups, 2003-
2005; Hiring Partner, 2004-2005.
The Honorable Michael S. Kanne, United States Court of Appeals for
the Seventh Circuit, 1993-1994, Judicial Clerk.
Education
University of Minnesota Law School, Minneapolis, MN.
Juris Doctor, cum laude, 1993.
Managing Editor, Minnesota Law Review, 1992-1993; Full Merit
Scholarship, 1990-1993; Vice-President, Federalist Society,
1992-1993.
University of Wisconsin, Madison, WI.
Bachelor of Arts, with distinction, 1990.
Philosophy and English Literature.
Publications
Balancing Antitrust Issues And Intellectual Property Rights: A
Practical Guide For Biotech/Pharma Companies In Managing Their IP
Portfolios, coauthored with Scott P. Perlman, Washington Legal
Foundation (2003); ``High Crimes From Misdemeanors: The Collateral Use
Of Prior, Uncounseled Misdemeanors Under The Sixth Amendment, Baldasar,
And The Federal Sentencing Guidelines,'' 77 Minn. L. Rev. 165 (1992).
Personal
Born in Chicago, IL; November 22, 1969.
Speak fluent Chinese (Cantonese).
Admitted to practice in Illinois (1994) and the District of
Columbia (1996).
Senator Stevens. Well, thank you very much. I'm sad that
there's not more members here today for this, to hear your
statement. There are at least two mark-ups, plus a debate,
going on on the Floor. So it's just not possible, but I'm
heartwarmed by your comment about your father and look forward
to working with you.
Our next witness is Dr. William Brennan, Assistant
Secretary for Oceans and Atmosphere at the Department of
Commerce.
Mr. Brennan, as I indicated, we're going to put in the
record the statement Senator Snowe would make if she were here.
No, Senator Collins would make, pardon me, Senator Collins. I
guess it's both would make.
[The prepared statement of Senator Collins follows:]
Prepared Statement of Hon. Susan M. Collins, U.S. Senator from Maine
Thank you, Mr. Chairman. It is my privilege today to introduce Dr.
William Brennan, the President's nominee to be the Assistant Secretary
of Commerce for Oceans and Atmosphere. The people of Maine are proud of
Dr. Brennan's distinguished career of public service and record of
accomplishment in Maine and in Washington.
Dr. Brennan's commitment to public service and his extensive
experience in environmental science and oceans management make him an
excellent nominee. From his start as a merchant seaman to his
experience as a NOAA fisheries scientist to his important work as
Acting Director of the U.S. Climate Change Science Program, Dr.
Brennan, if confirmed, will provide strong leadership as Assistant
Secretary.
I know this because I had the distinct pleasure of serving with Dr.
Brennan in Maine in Governor John McKernan's Cabinet for many years.
Dr. Brennan was appointed to a Cabinet position as the Commissioner of
Maine's Department of Marine Resources in 1987. I can personally attest
to Dr. Brennan's dedication and skill in managing one of Maine's most
complex natural resources.
Prior to our working together, Dr. Brennan earned undergraduate and
graduate degrees in marine biology and marine affairs from the
University of Maine and the University of Rhode Island. He also served
on Capitol Hill on the staff of Representative John McKernan, and
later, as I previously mentioned, in Governor McKernan's Cabinet.
After leaving state government in 1995, Dr. Brennan opened a
private consulting firm providing guidance on marine and environmental
policy to businesses and governments. Over this same period, he was
appointed to an academic chair position and lectured on ocean
governance and resource management at the Corning School of Ocean
Studies at the Maine Maritime Academy. Dr. Brennan later went on to
receive his Ph.D. in ecology and environmental sciences from the
University of Maine.
Having served as the Deputy Assistant Secretary of Commerce for
International Affairs since 2002, Dr. Brennan well understands the
challenges facing the position of Assistant Administrator at NOAA. His
management of the U.S. Climate Change Science Program, which
coordinates and integrates scientific research on climate change across
13 Federal agencies, also lends itself well to the skills needed to
address the particular challenges associated with this position.
From NOAA's development and acquisition of geostationary and polar
weather and climate satellite systems, to advancing the Agency's
mission to educate society about the importance of climate change
science and research, to the successful implementation of the Magnuson
Stevens Act amendments, Dr. Brennan is well-suited to successfully
carry out the duties of the Assistant Secretary position.
Mr. Chairman, I strongly endorse William Brennan's nomination to be
the Assistant Secretary of Commerce for Oceans and Atmosphere and
enthusiastically recommend him to this Committee.
STATEMENT OF DR. WILLIAM J. BRENNAN, NOMINEE TO BE
ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE
UNITED STATES DEPARTMENT OF COMMERCE
Dr. Brennan. Thank you very much, sir. Mr. Vice Chairman, I
am honored to appear before you today as the President's
nominee to be the next Assistant Secretary of Commerce for
Oceans and Atmosphere.
I'm grateful and honored that the President has given me
this opportunity to continue serving the American people, and I
am deeply appreciative of the confidence and support that has
been shown in me by Secretary Gutierrez and Under Secretary
Lautenbacher.
I would like to thank this Committee and particularly its
staff for the courtesies they have extended to me throughout
this process.
Mr. Vice Chairman, I would not be here today were it not
for my family and I would like to acknowledge them. Their
support and encouragement has sustained me over the years and I
wish to recognize and thank my wife Heather and daughter Hayley
who are here with me today and my sons Will and Tyler who could
not join us but are with me in spirit.
Let me begin, Mr. Vice Chairman, by stating my strong
commitment to the core mission of the department; namely, to
serve the American people by helping to create the right
conditions for economic growth and expanded opportunity.
The Commerce Department and the National Oceanic and
Atmospheric Administration address a wide range of important
challenges each and every day. Our work takes place on a global
basis, from marine fisheries and the Weather Service to other
numerous scientific, environmental, technological and economic
endeavors.
The department's Assistant Secretary for Oceans and
Atmosphere serves as NOAA's deputy administrator, helping to
oversee its 12,500 employees and $4 billion budget. Indeed, one
of the assistant secretary's important roles is to serve as the
NOAA Administrator's primary advisor and surrogate and as an
advocate for NOAA's programs and the development of the
president's budget.
With the support of this Committee and the hard-working men
and women of NOAA, I am confident I can maintain the high
standards set by my predecessors and support Secretary
Gutierrez's commitment to excellence.
If confirmed by the Senate, I would bring valuable
experience and knowledge to the Office of Assistant Secretary
for Oceans and Atmosphere. For the past 6 years, I have served
as the Deputy Assistant Secretary for International Affairs,
providing vision and strategic management of NOAA's $100
million international program and special projects related to
weather and water, ecosystem and marine resource management,
commerce and transportation and climate services.
For the past 2 years, I have also served in an acting
capacity as the Director of the Climate Change Science Program,
managing the interagency effort that integrates the planning of
and $2 billion budget for Federal climate and global change
activities of 13 Federal scientific agencies.
I began my career in the Merchant Marine and as a
commercial fisherman. Through that experience, I realized a
love of the ocean, of the things that live in it and are
supported by it, and in the rigors of a life associated with
making a living from it.
In the three decades since I took my first job with NOAA as
a GS-5 technician at the National Marine Fisheries Service
Laboratory in Woods Hole, Massachusetts, I have dedicated
myself to environment and natural resource stewardship. I have
served as a legislative assistant in the U.S. House of
Representatives, working on fisheries and environmental issues.
I have been a cabinet officer, heading the State of Maine's
Department of Marine Resources. I have worked in the private
sector providing environmental policy advice to public and
private sector clients, and I have been a college professor,
teaching and mentoring students in the field of ocean
governance and resource management.
Over the years, I have been in and out of government as an
employee of NOAA, a NOAA contractor, a NOAA partner during my
time as a member of the New England Fishery Management Council,
and as a customer of NOAA when I was a state cabinet official.
For the last several years, I've been part of NOAA's senior
leadership and I have been privileged to help Vice Admiral
Lautenbacher work to transform the agency into a cohesive
enterprise.
In these varied roles, I believe I have developed the
skills and experience necessary to address the challenges and
opportunities facing NOAA. I also recognize that I have much to
learn about facets of the agency that I have not worked with on
a regular basis.
As I look forward to this continued education, I know that
I will be well supported by the talented staff and employees
and other professionals within NOAA. I am confident that with
their support, I will perform my duties with the skill and
professionalism that the public expects and deserves.
If confirmed, there would be no more significant honor and
capstone to my career than to serve as the Deputy Administrator
of NOAA, and let me conclude by stating that it is my firm
conviction that stewardship through public service is a special
privilege and responsibility.
If confirmed, I will commit my utmost energies, integrity
and devotion to serving the American people.
I want to thank you again for the opportunity to appear
before you today and for your consideration of my nomination. I
stand ready to answer your questions, sir.
[The prepared statement and biographical information of Dr.
Brennan follow:]
Prepared Statement of Dr. William J. Brennan, Nominee to be Assistant
Secretary for Oceans and Atmosphere, United States Department of
Commerce
Mr. Chairman, Mr. Vice Chairman, Members of the Committee,
I am honored to appear before you today as the President's nominee
to be the next Assistant Secretary of Commerce for Oceans and
Atmosphere. I am grateful and honored that the President has given me
this opportunity to continue serving the American people, and I am
deeply appreciative of the confidence and support shown to me by
Secretary Gutierrez and Under Secretary Lautenbacher. I would also like
to thank this Committee and its staff for the courtesies they have
extended to me throughout this process.
Mr. Chairman, I would not be here today were it not for my family
and I would like to acknowledge them--their support and encouragement
has sustained me over the years and I wish to recognize and thank my
wife Heather and daughter Hayley who are with me today and my sons Will
and Tyler who could not join us but who are with me in spirit.
Let me begin by stating my strong commitment to the core mission of
the Department, namely, to serve the American people by helping to
create the right conditions for economic growth and expanded
opportunity. The Commerce Department and the National Oceanic and
Atmospheric Administration (NOAA) address a wide range of important
challenges each and every day. Our work takes place on a global basis--
from marine fisheries and the weather service to other numerous
scientific, environmental, technological, and economic endeavors.
The Department's Assistant Secretary for Oceans and Atmosphere
serves as NOAA's Deputy Administrator, helping to oversee its 12,500
employees and $4 billion budget. Indeed, one of the Assistant
Secretary's important roles is to serve as the NOAA Administrator's
primary advisor and surrogate and as an advocate for NOAA's programs in
the development of the President's budget. With the support of this
Committee, and the hardworking men and women of the NOAA, I am
confident I can maintain the high standards set by my predecessors and
support Secretary Gutierrez's commitment to excellence.
If confirmed by the Senate, I would bring valuable experience and
knowledge to the office of Assistant Secretary for Oceans and
Atmosphere. For the past 6 years, I have served as the Deputy Assistant
Secretary for International Affairs--providing vision and strategic
management of NOAA's $100 million international program and special
projects related to weather and water, ecosystem and marine resource
management, commerce and transportation, and climate services. For two
of the past 6 years I have also served in an acting capacity as the
Director of the Climate Change Science Program, managing the
interagency effort that integrates the planning of and $2 billion
budget for Federal climate and global change activities of 13 Federal
scientific agencies.
I began my career in the Merchant Marine and as a commercial
fisherman. Through that experience, I realized a love of the ocean, of
the things that live in it and are supported by it, and in the rigors
of a life associated with making a living from it. In the three decades
since I took my first job with NOAA as a GS-5 technician at the
National Marine Fisheries Service laboratory in Woods Hole,
Massachusetts, I have dedicated myself to environment and natural
resource stewardship. I have served as a Legislative Assistant in the
U.S. House of Representatives working on fisheries and environmental
issues. I have been a Cabinet Officer heading the State of Maine's
Department of Marine Resources. I have worked in the private sector
providing environmental policy advice to private and public sector
clients. And, I have been a college professor, teaching and mentoring
students in the field of ocean governance and resource management.
Over the years, I have been in and out of government as an employee
of NOAA, a NOAA contractor, a NOAA partner during my time as a member
of the New England Fishery Management Council, and as a customer of
NOAA when I was a state cabinet official. For the last several years, I
have been part of NOAA's senior leadership and I have been privileged
to help VADM Lautenbacher work to transform the agency into a cohesive
enterprise. In these varied roles, I believe I have developed the
skills and experience necessary to address the challenges and
opportunities facing NOAA. I also recognize that I have much to learn
about facets of the Agency that I have not worked with on a regular
basis. As I look forward to this continued education, I know that I
will be well supported by the deep and talented staff of career
employees and other professionals within NOAA. I am confident that,
with their support, I will perform my duties with the skill and
professionalism that the public, expects and deserve.
If confirmed, there would be no more significant honor and capstone
to my career than to serve as the Deputy Administrator of NOAA and let
me conclude by stating that it is my firm conviction that stewardship
through public service is a special privilege and responsibility. If
confirmed, I will commit my utmost energies, integrity, and devotion to
serving the American people. Thank you again for the opportunity to
appear before you today, and for your consideration of my nomination.
I would be pleased to respond to any questions that you may have
for me.
______
a. biographical information
1. Name (Include any former names or nicknames used): William
Joseph Brennan (Bill).
2. Position to which nominated: Assistant Secretary of Commerce for
Oceans and Atmosphere.
3. Date of Nomination: January 22, 2008.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: United States Department of Commerce, 1401 Constitution
Ave, N.W., Room 6224, Washington, D.C. 20230.
5. Date and Place of Birth: 12/02/1951; Rhode Island.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Heather Russell Brennan (spouse); children: William Russell
Brennan--24; Tyler Mackintosh Brennan--22; Hayley Julia
Brennan--19.
7. List all college and graduate degrees. Provide year and school
attended.
University of Maine, B.S., 1977.
University of Rhode Island, M.A., 1985.
University of Maine, Ph.D., 2002.
8. List all post-undergraduate employment, and highlight all
management- level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
6/2006-Present; Director, U.S. Climate Change Science Program
(Acting), (Management level).
6/2002-Present; Deputy Assistant Secretary of Commerce for
International Affairs, (Management level).
9/1999-2002; Professor, Corning School of Ocean Studies, Maine
Maritime Academy, (Management level).
1995-2002; Consultant, W.J. Brennan Associates, (Management
level).
1987-1995; Commissioner, Maine Department of Marine Resources,
(Management level).
1983-1987; Senior Legislative Assistant, U.S. House of
Representatives, (Management level).
1982-1983; Consultant, Atlantic Offshore Fishermen's
Association, (Non-managerial).
1977-1982; Marine technician and scientist, National Marine
Fisheries Service, (Non-managerial).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: None.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization,
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap: None.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Deputy Assistant Secretary of Commerce (2002--present) (No debt or
personal liability).
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements: None.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
November 5, 2002, Climate Change and Utilization of Marine
Resources: The Importance of Enhancing the Global Climate
Observing System, 10th Anniversary Conference of the Marine
Institute of Ireland, Dublin, Ireland.
February 3, 2003, U.S. Efforts for Sustainable Fisheries, The
Norwegian Research & Technology Forum in the U.S./Canada,
Washington, D.C.
June 11, 2003, Exploring Our Oceans--The International
Perspective, Capitol Hill Oceans Week Symposium, Washington,
D.C.
July 14, 2003, Association of Marine Laboratories of the
Caribbean, 31st Scientific Meeting, Port of Spain, Trinidad.
August 21, 2003, Developing Countries and the Restoration of
Large Marine Ecosystems, UNIDO Symposium, Vienna, Austria.
November 12, 2003, U.S. Implementation of World Summit on
Sustainable Development Commitments, Global Conference on
Oceans, Coasts and Islands, Paris, France.
December 4, 2003, U.S. Activities on Climate Change, 9th
Conference of the UNFCCC Parties, Milan, Italy.
January 28, 2004, International Perspectives on Coordination of
Earth Observation Activities, Toronto, Canada.
May 3, 2004, U.S. Commitments to World Summit Goals for
Sustainable Development, Fourth World Fisheries Congress,
Vancouver, Canada.
June 2, 2004, GISD: Employing Earth Observations for the
Benefit of Humankind, Geographic Information for Sustainable
Development Implementation Workshop, Washington, D.C.
June 8, 2004, Keynote Address, 30th Commemorative Meeting,
Poland-U.S. Joint Cooperative Fisheries, Narragansett, RI.
October 5, 2004, The International Effort to Coordinate Earth
Observation Activities, International Astronautical Congress,
Vancouver, Canada.
June 6, 2005, Moving Toward a Global All Hazards Warning
System, Asia Pacific Tsunami and All Hazards Workshop,
Honolulu, HI.
November 21, 2005, GEOSS: Serving Society from Tsunami to
Multi-Hazard, Intergovernmental Oceanographic Commission, Rome,
Italy.
March 28, 2006, Global Earth Observation System of Systems,
International Air Show, Santiago, Chile.
May 11, 2006, NOAA's Role in International Science
Partnerships, National Science Board, Washington, D.C.
July 13, 2006, Law, Science and Ocean Management, 30th Virginia
Law of the Sea Conference, Dublin, Ireland.
April 26, 2007, Climate Change in the Northwest Atlantic,
Center for Law & Innovation, Portland, Maine.
June 5, 2007, Keynote Address, 24th Annual Meeting of the North
Atlantic Salmon Conservation Organization, Bar Harbor, Maine.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
February 7, 2007, Oversight Hearing, Climate Change Research
and Scientific Integrity, Committee on Commerce, Science and
Transportation, U.S. Senate.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have dedicated myself to environment and natural resource
stewardship. I began my career more than 30 years ago with NOAA
Fisheries at its Woods Hole laboratory after working in the commercial
fisheries and the merchant marine. Over the years, I have worked in
both the legislative and executive branches at both the state and
Federal level and have been in and out of government as an employee of
NOAA, a NOAA contractor, a NOAA partner during my time as a member of
the New England Fishery Management Council, and as a customer of NOAA
when I was a state cabinet official heading the Maine Department of
Marine Resources. For the last several years, I have been part of the
NOAA senior leadership and have been privileged to help VADM
Lautenbacher transform the agency into a well managed cohesive
enterprise. I can think of no more significant honor and cap stone to
my career than to serve as the number two NOAA official and I believe
my 30 years of experience with NOAA affirmatively qualifies me for
appointment to this position.
19.What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
If confirmed as Assistant Secretary, I will work closely with NOAA
Administrator Lautenbacher, NOAA's Executive Management Council, NOAA's
Chief Operating Officer, and NOAA's Line Office Assistant
Administrators to exercise the oversight necessary to ensure that NOAA
programs are effective and that NOAA's organizational goals and
objectives are achieved. I will continue to advance the reforms
established by Administrator Lautenbacher associated with planning,
programming, budgeting and execution. And I will be a strong advocate,
with the Department, OMB and the Congress to ensure NOAA has the
resources necessary to accomplish its mission.
I have extensive experience managing a large organization. As
acting Director of the U.S. Climate Change Science Program, I have
provided leadership and vision for a $1.8 billion program integrating
Federal climate and global change activities of 13 Federal agencies and
White House offices. During my time as Deputy Assistant Secretary for
International Affairs, I have been responsible for the strategic
management and organizational restructuring of a $100 million
international program. And, as the secretary of a cabinet-level state
agency, I have managed a complex and diverse program of research,
enforcement, development, marketing, monitoring, and education.
20.What do you believe to be the top three challenges facing the
department/agency, and why?
Development and acquisition of satellites. NOAA is in the process
of acquiring its next generation geostationary and polar satellite
systems. These systems are crucial to our nation's ability to forecast
weather and vital to public safety and to our nation's military. For
the next generation polar satellite program, NOAA along with its
interagency partners, the USAF and NASA, has experienced significant
technical and management challenges, while the next generation
geostationary satellite program has just transitioned from the design
to the acquisition phase. These are very complicated and extremely
expensive systems, requiring long lead times to ensure continuity of
data and information, making this one of NOAA's most important
challenges.
Global change science and research. NOAA is charged with helping
society understand, plan for, and respond to climate variability and
change. This is achieved through the development and delivery of
climate information services, the implementation of a global observing
system, and focused research and modeling to understand key climate
processes. The NOAA climate mission is focused on providing a
predictive understanding of the global climate system so the public can
incorporate the information and products into their decisions.
NOAA meets user demands for climate information and decision
support by providing data, summaries, and forecasts, underpinned by a
vigorous research program. In recent years, users have voiced a growing
concern about the impacts of climate change. These demands are growing
and require unbiased climate information at increasingly finer
resolution scales. A key challenge for NOAA is to enhance its ability
to meet these demands by continuing strong science and observations
programs while consolidating information sources into a homogeneous
distribution portal, providing more variables, fidelity, and resolution
to its climate products and information services.
Implementation of Magnuson Stevens Act Amendments. The recent
reauthorization of the Magnuson Stevens Fishery Conservation and
Management Act was a significant achievement for both Congress and the
Administration, made possible by the leadership of Chairman Inouye and
Vice-Chairman Stevens. The Act provided NOAA with several new
authorizations, including the need to end overfishing immediately and
combat Illegal, Unregulated and Unreported fishing. Fully implementing
the amendment present challenges, both domestically and
internationally, and NOAA is presently working to develop regulations
to implement the provisions of the Act and is actively engaged within
the Regional Fishery Management Organization fora to bring about the
necessary changes.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts: None.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: See ethics agreement.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy: None.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: See ethics agreement.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of dr. william joseph brennan
Experience
6/2006-Present, Director, U.S. Climate Change Science Program
(Acting).
Direct the interagency program that coordinates and integrates
scientific research on changes in climate and related systems.
The Climate Change Science Program is composed of 13 Federal
scientific agencies and integrates the planning of and $2
billion budget for Federal climate and global change
activities.
6/2002-Present, Deputy Assistant Secretary of Commerce for
International Affairs.
Direct the international activities of the National Oceanic and
Atmospheric Administration (NOAA) and its subsidiary branches;
Weather Service, Fisheries Service, Ocean Service, Satellite
and Data Information Service, and Oceanic and Atmospheric
Research in support of a $100 million program related to
weather and water, ecosystem and marine resource management,
commerce and transportation, and climate services.
9/1999-2002, Professor, Corning School of Ocean Studies, Maine
Maritime Academy.
Appointed to academic chair as lecturer in the field of ocean
governance and resource management. Managed a research grant
program and conducted special projects for the President in
program and curriculum development.
1995-2002, Consultant, W.J. Brennan Associates.
Principal in consulting firm providing policy and strategic
planning advice to private and public sector domestic and
international clients with a focus on fisheries, marine, and
environmental affairs.
1987-1995, Commissioner, Maine Department of Marine Resources.
Cabinet officer in administration of Governor John R. McKernan,
Jr. and chief executive officer of state agency engaged in
fisheries and marine research, enforcement, development,
marketing, monitoring, and education. State resource management
representative in regional, national, and international fora.
1983-1987, Senior Legislative Assistant, U.S. House of
Representatives.
Managed legislative activities in office of Congressman John
McKernan, Jr. with professional focus in the areas of
fisheries, environment, merchant marine, transportation, and
energy.
1982-1983, Consultant, Atlantic Offshore Fishermen's Association.
Grant writing and research proposal development for New
England-wide commercial fishing organization.
1977-1982, Marine Scientist, National Marine Fisheries Service.
Positions of increasing levels of responsibility within the
field of fisheries and environmental research at the Woods
Hole, MA; Narragansett, RI; and Sandy Hook, NJ research
stations.
Education
Ph.D., University of Maine, May 2002 (Ecology & Environmental
Sciences).
M.A., University of Rhode Island, 1985 (Marine Affairs).
B.S., University of Maine, 1977 (Marine Biology).
Senator Stevens. Thank you. I wish there had been more
people here to have heard your statement.
As one who sort of is involved with the oceans, also, I
welcome your experience and your know-how to this position in
NOAA. We look forward to working with you and I will recommend
to the Chairman that we try to have a meeting of the Committee
and report these nominations out so they might be confirmed
just as quickly as possible.
Thank you very much. Thank you, both.
Ms. Claffee. Thank you, sir.
Dr. Brennan. Thank you.
[Whereupon, at 2:42 p.m., the hearing was adjourned.]