[Senate Hearing 107-193]
[From the U.S. Government Printing Office]
S. Hrg. 107-193
DAN R. BROUILLETTE NOMINATION
=======================================================================
HEARING
before the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
on the
NOMINATION OF DAN R. BROUILLETTE TO BE ASSISTANT SECRETARY OF ENERGY
(CONGRESSIONAL AND INTERGOVERNMENTAL AFFAIRS)
__________
JULY 18, 2001
Printed for the use of the
Committee on Energy and Natural Resources
______
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76-428 PDF WASHINGTON : 2001
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
DANIEL K. AKAKA, Hawaii FRANK H. MURKOWSKI, Alaska
BYRON L. DORGAN, North Dakota PETE V. DOMENICI, New Mexico
BOB GRAHAM, Florida DON NICKLES, Oklahoma
RON WYDEN, Oregon LARRY E. CRAIG, Idaho
TIM JOHNSON, South Dakota BEN NIGHTHORSE CAMPBELL, Colorado
MARY L. LANDRIEU, Louisiana CRAIG THOMAS, Wyoming
EVAN BAYH, Indiana RICHARD C. SHELBY, Alabama
DIANNE FEINSTEIN, California CONRAD BURNS, Montana
CHARLES E. SCHUMER, New York JON KYL, Arizona
MARIA CANTWELL, Washington CHUCK HAGEL, Nebraska
THOMAS R. CARPER, Delaware GORDON SMITH, Oregon
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
Brian P. Malnak, Republican Staff Director
James P. Beirne, Republican Chief Counsel
C O N T E N T S
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STATEMENTS
Page
Bingaman, Hon. Jeff, U.S. Senator from New Mexico................ 1
Brouillette, Dan R., Nominee to be Assistant Secretary of Energy
(Congressional and Intergovernmental Affairs).................. 6
Landrieu, Hon. Mary L., U.S. Senator from Louisiana.............. 2
Murkowski, Hon. Frank H., U.S. Senator from Alaska............... 1
Tauzin, Hon. Billy, U.S. Representative from Louisiana........... 3
DAN R. BROUILLETTE NOMINATION
----------
WEDNESDAY, JULY 18, 2001
U.S. Senate,
Committee on Energy and Natural Resources,
Washington, DC.
The committee met, pursuant to notice, at 9 a.m. in room
SD-366, Dirksen Senate Office Building, Hon. Jeff Bingaman,
chairman, presiding.
OPENING STATEMENT OF HON. JEFF BINGAMAN,
U.S. SENATOR FROM NEW MEXICO
The Chairman. The committee will come to order. The
committee has two hearings scheduled this morning. The first is
on President's Bush's nomination of Dan Brouillette to be the
Assistant Secretary of Energy for Congressional and
Intergovernmental Affairs. Immediately following the hearing on
Mr. Brouillette's nomination, the committee will begin a second
hearing on energy research and development legislation. Without
objection, Mr. Brouillette's written statement to the
committee, his answer to the committee questionnaire, and his
financial disclosure statements will all be introduced into the
record.
Let me call on Senator Murkowski to make any opening
statement he wants and then we will call on Senators Landrieu
and Chairman Tauzin to introduce Mr. Brouillette.
STATEMENT OF HON. FRANK H. MURKOWSKI, U.S. SENATOR
FROM ALASKA
Senator Murkowski. Thank you, Senator Bingaman. I
appreciate the pronunciation correction. We in Alaska would
have probably been a little more basic on the Brou side of it
but nevertheless, I don't want to go into that. That's how we
would spell it. He is certainly an excellent selection and I
want to congratulate those that bear some responsibility,
namely the gentlelady from Louisiana and our good friend,
Chairman Tauzin. I don't know if this gentleman knows anything
about duck hunting.
Representative Tauzin. A little bit.
Senator Murkowski. Well, then he's had some good training.
If you can't trust a duck hunter, I don't know who you can
trust. He certainly will fit into the position of Assistant
Secretary of Energy for Congressional and Intergovernmental
Affairs. We feel a little slighted over here, but Senator
Landrieu is going to have to make up for it because of the long
association with the House.
This gentleman had, and he is responsible as I understand
it, for all congressional and intergovernmental affairs. I
would emphasize that there is another body other than the
House. I don't want to go into that at great length because it
would take up the whole morning. But while at the House he was
responsible, as I understand it, for energy and environmental
and health issues, all significant issues in the Department of
Energy's portfolio. He comes with an association with the late
Duffy Wall, and we all know his reputation and contribution
around here. He is a gentleman who is certainly missed, and
those who associated with him certainly have my high esteem
because Duffy was an extraordinary gentleman and his
association with the Alpine Group as well. He has worked on a
number of issues, including utility deregulation. I think that
combination of practical experience and good solid Louisiana
background, which is only perhaps second to Alaska, but I don't
want to go down that pipeline this morning. The fact that he
has the support of the Louisiana delegation is good enough for
me and the strong endorsement of the Administration. I hope
that we can proceed with his nomination with dispatch and I'm
very pleased we could have Congressman Tauzin here this morning
as well as our Senator from Louisiana.
The Chairman. Thank you very much. Let me start with
Senator Landrieu to make any introductory statements she wants
to make and then Chairman Tauzin.
STATEMENT OF HON. MARY L. LANDRIEU, U.S. SENATOR
FROM LOUISIANA
Senator Landrieu. Thank you, Mr. Chairman and I thank the
Senator from Alaska for those kind words of support to a
wonderful nominee. And welcome Dan and your family--the little
one particularly who is particularly excited about his father's
nomination this morning. And to his parents that are up here
from Louisiana. We welcome all of you to the committee. And my
most able colleague and chairman, Congressman Tauzin, will give
more detailed remarks, so I will be very brief--only to say
that Dan, you have my full and complete support and
confidences. It was clear that your work with Congressman
Tauzin in helping to draft some of the most important pieces of
legislation that have come to Congress and through Congress in
the last couple of years in the telecommunications side that
you are most able to handle complicated, difficult work and do
it well. Your tenure was marked by very many high achievements
and several landmark pieces of legislation in that area. In
addition to the battles that he waged so ably on behalf of this
Congressman and many of our colleagues, he also, I want to
commend to my colleagues, he was a tank commander and his
performance in the service as a tank commander in one of the
Nation's most decorated line units in the Army from 1982 to
1987. So, his experience on Capitol Hill, as well as his
experience in and with our military, I think, completely arms
him for the task that is before him. So, I want just to honor
again his family, his four children, Julia, Danielle, Stephen
and Samuel. His wife, Adrienne, is also with us, and his
parents, Ronald and Deanna are here. I welcome them and I am
confident that Dan possesses the necessary ability, temperament
and experience to service our country well. Congratulations.
The Chairman. Chairman Tauzin, why don't you go right
ahead.
STATEMENT OF HON. BILLY TAUZIN,
U.S. REPRESENTATIVE FROM LOUISIANA
Representative Tauzin. Mr. Chairman, thank you. This is our
first chance to officially congratulate you on your
chairmanship and to signify officially again what we have done
privately and that is to assure you and your Senate colleagues
the close cooperation of our House Energy and Commerce
Committee and the vital work we will do this year on energy.
But I am here on a much more pleasant and personal matter
this morning. And I say personal matter because Dan Brouillette
is not just an extraordinary public servant, but he is a close,
personal friend. When I was a young lad, I got invited to come
to Washington, D.C. by a young man who is now a circuit court
of appeals judge in Louisiana, Randy Parreau, who was then an
assistant to then-Congressman Pat Caffrey. Mary, you might
remember Pat from New Iberia, one of my predecessors. Randy
asked me to come to Washington to get confirmed to practice
before the U.S. Supreme Court, which would be a high honor. And
so I traveled to Washington back then from Louisiana in my
double knit suit and met Randy who was in a double knit suit
and we showed up at the Supreme Court building with all our
documents ready to get sworn into the Supreme Court. Randy was
handed a paper that contained the words of introduction which
basically said, Mr. Chief Justice, members of the Supreme
Court, I present to you the Honorable Billy Tauzin. He is
licensed to practice, et cetera, all the credentials. Randy
read it once and said, I got it, and threw it away. He had it
memorized. And we walked into the chamber. It happened to be
the first day of the Burger court and Chief Justice Burger and
the entire court were assembled. It was opening day of the
session--the most austere, most intimidating room I've ever
been in and every Philadelphia lawyer and New York lawyer was
there in tux and tails with their sons and daughters to get
them sworn into the Supreme Court. And Randy and I were
standing in our country double knit suits there, in complete
awe of this operation, and they called upon him and he
completely blew it. He forgot his line; he forgot what he was
supposed to say and I'll never forget his introduction because
it was unique in the annals of the Supreme Court. In very
broken and kind of nervous voice, he said Mr. Chief Justice and
members of the Supreme Court, I present to you Wilbur J. Tauzin
II. He's a good guy.
[Laughter.]
Representative Tauzin. Chief Justice Burger, they say
smiled the only smile he smiled in the years on the Supreme
Court. And on that criteria, I was licensed and introduced to
practice before the U.S. Supreme Court. I'm tempted to do that
today. I'm tempted to tell you Dan Brouillette is a good guy
because he is. But I want to illustrate that quickly for you.
You have his vitae sheets. You see the beautiful family he has
and you can see from the background of his service to our
country as a tank commander and, by the way, he looked good in
a tank helmet, in actually one of the most decorated units he
served as a drill sergeant in the Army Reserve in South
Carolina, the great work he did introducing our young men and
women to the honor of serving our country.
But I thought I would illustrate for you the quality of
this nominee very quickly. All of us who serve up here have the
privilege of meeting young people in the service of our
congressional staff and Senate staffs. We are very proud of
those people. They come to us from home; they come us from this
community; they come from around the country. Dan happened to
have his roots in Louisiana. He came to our office as an
intern, and worked his was up to head of our legislative staff.
I will never forget when we first came to review him for a
position in our office and my chief of staff told me that she
recommended Dan for permanent assignment and we talked about
salary, and I said, well, I think you need to hire him, and we
need to give him a good boost to encourage him. And she said,
you better give him a good boost, because they've offered them
three times what you're paying him and he's turn it down. He
wants to work for you. That is his character. But here it is
perhaps more succinctly.
So, we bring these young people to Washington and they
serve our country and they work incredibly long hours. And they
pass up financial opportunities on this Hill right and left to
stay with us as Dan did so many times. And then they eventually
move on and we're so excited and pleased and happy for them
when they move to some other work in life, as Dan did. He moved
on to practice off the Hill with Duffy Wall and Associates. And
then every now and then one of them calls us up and says,
Congressman, Senator, I would like to get a job somewhere else.
I've got an application in with the Department of Government or
I've got an application in with a law firm. Or I have an
application in. Could you recommend me? Well, that happens a
lot and we recommend young men and women for different
positions as they move on. I got a very different call from Dan
Brouillette. Dan called me to say--he always called me boss.
Boss, he said, I have a problem. I said, what's your problem?
He said the White House is after me to come to work for the
Department of Energy and I said, that is a problem, Dan. I know
how well you're doing; I know how your young family is excited
about how well you're doing in the private sector, and coming
back to public service would be quite a sacrifice. That is a
problem for you. He said, well help me because they're pushing
hard on me and they want me to come real bad. So, he came and
we counseled and I advised him and he resisted. And the White
House called me up and asked me if I would please prevail upon
him.
What I'm telling you is that here is a young man who was
not seeking my help in getting another job. Here was a young
man seeking my counsel because he was desired for this job so
adamantly by the White House that they were calling me and
asking me to encourage him to consider the position. I guess
what I'm telling you is he is a special person. He is an
extraordinary and special individual. For Dan Brouillette,
honor is not just a word. It's a way of life. For him, loyalty
is not just an asset. It's a body appendage and
conscientiousness is not just, again, an asset for him. It is a
lifestyle.
This is an extraordinary young man. The Government of the
United States is fortunate that he yielded to all of these
requests to consider employment with the Department of Energy.
The Department of Energy, this Government, this committee, as
well as mine, are going to be extraordinarily well served
because he is there assisting us all in making the right policy
for our country. He understands public service enough to know
that occasionally you have to sacrifice for it. And he is doing
that, I think. And he is putting his family at some sacrifice
in order to come back into public service.
Mr. Chairman, I think the least we can do is honor his
commitment with a speedy confirmation. I present him to you,
along with my dear colleague Mary Landrieu, as one of the
better products Louisiana has every produced. And I can tell
you unequivocally the best product my office has ever produced.
Mr. Chairman, I commend him to you.
The Chairman. Well, thank you very much. Thank you for your
strong endorsement and Senator Landrieu for her strong
endorsement. Why don't we get Dan to come up now.
Mr. Brouillette, let me first ask you to stand and raise
your right hand so that I can put you through this swearing-in-
statement we require of all nominees. Do you solemnly swear
that the testimony you're about to give to the Senate Committee
on Energy and Natural Resources shall be the truth, the whole
truth, and nothing but the truth?
Mr. Brouillette. I do.
The Chairman. You may be seated. Let me ask you the three
questions we put to all nominees who come before the committee.
First, will you be available to appear before this committee
and other Congressional committees to represent departmental
positions and respond to issues of concern to the Congress?
Mr. Brouillette. I will.
The Chairman. The second question. Are you aware of any
personal holdings, investments or interests that could
constitute a conflict of interest or create the appearance of
such a conflict should you be confirmed and assume the office
to which you have been nominated by the President?
Mr. Brouillette. I am not aware of any conflicts, Mr.
Chairman.
The Chairman. The third question. Are you involved or do
you have any assets held in a blind trust?
Mr. Brouillette. I do not.
The Chairman. Thank you very much. If you would like to
introduce your family at this point, we would be glad to know
of their presence.
Mr. Brouillette. I would love to. Joining me today is my
mom and dad, Ronald and Deanna; my four kids, Danielle,
Stephen, Julia and Sammy outside in the hallway, having a
blast, and my lovely wife, Adrienne. And I have a lot of
friends in the audience as well. I won't introduce any of them
but I just want to say thanks to all of them for showing up.
The Chairman. We welcome all of you here to the committee.
We usually clap for family members at this point, so I guess we
should do that.
[Applause.]
The Chairman. Why don't you go ahead with any opening
statements you would like to make and then we may have some
questions.
TESTIMONY OF DAN R. BROUILLETTE, NOMINEE TO BE ASSISTANT
SECRETARY OF ENERGY (CONGRESSIONAL AND INTERGOVERNMENTAL
AFFAIRS)
Mr. Brouillette. Alright, Mr. Chairman. Thank you, and I am
honored for the opportunity to appear before you today
testifying as President Bush's nominee for Assistant Secretary
of Energy for Congressional and Intergovernmental Affairs. This
is a great honor and if confirmed, I will do my best to live up
to the high standards expected of those entrusted with public
office.
I want to say thank you to Senator Landrieu for that
wonderful introduction. I am honored to be here before your
committee and I look forward to working with you on the
Nation's problems and particularly those that are so profound
in our own great State of Louisiana. I look forward to that.
And I want to thank Chairman Tauzin and his lovely wife,
Cecile, who is also with us today. They took time out of an
incredibly busy schedule today to be here. The chairman's
committee is in full mark up today on various aspects of the
President's national energy policy and the fact that he is here
is only another indication of the type of friend and mentor he
has been to me over the years.
It is often said that the hallmark of a great career is not
how high you choose to climb a particular ladder but how many
people you choose to bring along with you on the journey. There
is no question in my mind that I am the larger beneficiary of
my relationship with the Tauzin family.
Chairman Bingaman, members of the committee, as I seek your
approval for appointment to this office, I would like to take
just one minute to share with you two important experiences, or
lessons, that I think qualify me for this job. My experience in
the Army taught me how to be a leader. I learned early how to
organize a mission, how to motivate others, and how to lead by
example. I learned it well and I learned it with a singular
purpose--to destroy my opponent. I remember thinking as a young
soldier that I had reached the very pinnacle of public service
and in a way I did. I had. It was only later in the service of
this very Congress as a staff member that I had come to fully
appreciate the importance of my individual role in this
service.
Under the tutelage of Congressman Tauzin, I learned a
fundamental lesson and it was that the interest of the American
people are always, always our highest priority as a public
servant and that the second part of that is that it's always in
the interest of the American people for us, as servants, to
find the common ground first rather than simply attacking our
opponents.
If confirmed for this position, I pledge to bring both of
these important lessons to the table every day. My approach has
been, and will continue to be, seeking out opportunities to
build coalitions wherever possible and to find common-sense
solutions to complex problems. It is in the interest of the
public for me to do no less.
With regard to the functions of the office I seek, I feel
strongly that the key to a good relationship between the
Congress and the Department of Energy is an open line of
communication. The Office of Congressional Affairs is that line
of communication. If you need information about a particular
issue, we will work to get you a timely reply. If you need
assistance with problems affecting your constituents, we will
act immediately to help you solve those issues. My office will
work aggressively to answer your inquiries and it will be my
policy that every request from Capitol Hill be treated in an
appropriate manner. Also important to that relationship with
the Congress is our ability to keep you informed of
departmental activity. The oversight function of this committee
is vital. I will make every effort to ensure that the
Department will provide witnesses for your oversight hearings,
documents that comply with your requests, and cooperation with
the committee in any investigation or other matter. Also, it is
important for this office to serve the Congress by facilitating
legislative matters. We will work diligently to help committees
and individual members obtain the information necessary to
draft or amend legislation. In addition to this relationship
with the Congress, the office of Congressional and
Intergovernmental Affairs is charged with maintaining an open
and free dialogue with State and local officials, tribal
governments, interested individuals, and organizations of all
perspectives. This is a critical responsibility that I take
very seriously.
Finally, Mr. Chairman and members of the committee, I will
manage my office effectively. From the hiring of staff to the
purchase of office supplies, I can assure you that the
taxpayers will receive their money's worth.
I want to thank you, Mr. Chairman, Mr. Murkowski, and other
members of the committee for allowing me to appear today. I
look forward to working with you closely in the future. And I
would be most happy to take any questions the Chairman may have
or any other member of the committee may have at this time.
[The prepared statement of Mr. Brouillette follows:]
Prepared Statement of Dan R. Brouillette, Nominee to Be Assistant
Secretary of Energy (Congressional and Intergovernmental Affairs)
Mr. Chairman and Members of the Committee:
I am honored for the opportunity to appear before you today
testifying as President Bush's nominee for Assistant Secretary of
Energy for Congressional and Intergovernmental Affairs. This is a great
honor, and if confirmed, I will do my best to live up to the high
standards expected of those entrusted with public office. I am prepared
for and excited about the tremendous challenges and responsibilities
that accompany public service.
Mr. Chairman, my experience in the United States Army taught me how
to be a leader. I learned how to organize a mission, how to motivate
others, and how to lead by example. I learned to do this well and with
a singular purpose. My experience in a Congressional office taught me
the real meaning of service. I learned that the interests of the
American people are always the highest priority for the public servant.
While these interests may manifest themselves in the form of partisan
politics, a solution of compromise always yielded the most successful
public policy.
If confirmed for this position, I pledge to bring both of these
experiences to the table. My approach has been and will continue to be
seeking out opportunities to build coalitions wherever possible and to
find common sense solutions.
The key to a good relationship between the Congress and the
Department of Energy is an open line of communication. The Office of
Congressional Affairs is that line of communication. If you need
information on an issue, we will work to get you a timely reply. If you
need assistance with problems affecting your constituents, we will act
immediately to help you solve those issues. My office will work
aggressively to answer your inquiries, and it will be my policy that
every request from Capitol Hill be treated in an appropriate manner.
Also important to that relationship is our ability to keep Congress
informed of departmental activity. The oversight function of this
committee is vital. I will make every effort to ensure that the
Department will provide witnesses for your oversight hearings,
documents to comply with your requests, and cooperation with the
committee in any investigation or other matter.
And finally, it is important for this office to serve the Congress
by facilitating legislative matters. We will work diligently to help
committees and individual members obtain the information needed to
draft or amend legislation. When requested, we will provide the
appropriate Department of Energy witnesses and assist in the drafting
of appropriate provisions during the committee process.
In addition to this relationship with the Congress, the Office of
Congressional and Intergovernmental Affairs is charged with maintaining
an open and free dialogue with state and local authorities, tribal
governments, and interested individuals and organizations of all
perspectives. This is a critical responsibility that I take very
seriously.
Finally, if confirmed, I will manage my department effectively.
From the hiring of staff to the purchase of office supplies, I can
assure you that the American taxpayers will get their money's worth.
I want to thank you, Mr. Chairman, for allowing me to appear and I
look forward to working with you closely in the future. I would be
happy to address any questions that you or the Committee may have.
The Chairman. Thank you very much for your statement and
I'll be very frank with you. My only reservation in looking at
your bio is your time as a drill sergeant. I can remember the
drill sergeants that I encountered in the Army Reserve and the
active duty I did there, and those were not pleasant memories.
Mr. Brouillette. Well, you've done a good job of
intimidating this drill sergeant, let me tell you.
[Laughter.]
The Chairman. I hope you have gotten that behind you.
[Laughter.]
The Chairman. Obviously, we're anxious to be sure that your
prior association with Chairman Tauzin does not warp your view
of the priorities here on Capitol Hill.
[Laughter.]
The Chairman. Otherwise I have no concern about your
appointment or confirmation to this position.
Mr. Brouillette. Thank you very much.
The Chairman. Senator Murkowski.
Senator Murkowski. Well, you know, looking back on basic
training, or boot camp, or whatever you want to call it, it was
miserable but I think we were all better people because of it.
And as a consequence of your training, perhaps the Department
of Energy is going to be a better department as a consequence
of what you're going to bring to it. I hope that's the case.
Mr. Brouillette. I certainly hope so as well.
Senator Murkowski. We look forward to your confirmation,
and I trust we will be able to move this with dispatch.
Mr. Brouillette. Thank you very much.
The Chairman. Senator Landrieu.
Senator Landrieu. I have no other comments to add other
than to say how proud we are of this particular nominee and how
well qualified he is, you can see the very special person that
he is. And I thank him for his agreeing to serve. As the
Congressman said, this government would be well served if we
had more people, Dan, like you, willing to make the sacrifices
necessary. And particularly at this time, Mr. Chairman, with
this issue we need strong leadership, steady hand, good common
sense, and a person who is going to fight to find that middle
ground, and I think we have such a nominee before us. Thank you
for your willingness to serve.
The Chairman. Senator Craig.
Senator Craig. Mr. Chairman, thank you. First of all, let
me turn to your former boss and let me congratulate you on the
expeditious way you are handling the development of a national
energy policy. I don't know of anything more critical that this
Congress could do this year for our country and for its future
than to move with our President and with the Congress to
develop that, and you're well along the way. We trust this
committee will move as expeditiously as you have in
accomplishing that.
As to you, Dan, my colleague and my ranking member here
opines that your roots are in the House. I have only one
comment. Your confirmation is in the Senate.
[Laughter.]
Mr. Brouillette. Well understood, sir.
Senator Craig. Welcome. We look forward to working with
you.
Mr. Brouillette. Thank you very much.
The Chairman. Senator Burns.
Senator Burns. I have no statement. Just don't lose your
touch on being a drill instructor.
Mr. Brouillette. I will not.
Senator Burns. You will need it.
[Laughter.]
The Chairman. Since that exhausts the questions of the
committee, why don't we let the members have until 5 o'clock
this evening to file any additional questions with the
committee staff if they have any for the record for Mr.
Brouillette. And with that, let us adjourn this hearing and
proceed to the next. Thank you very much.
Mr. Brouillette. Thank you, Mr. Chairman.
[Whereupon, at 9:40 a.m., the hearing was adjourned.]