[Senate Hearing 107-964]
[From the U.S. Government Printing Office]
S. Hrg. 107-964
NOMINATION OF THEODORE W. KASSINGER
TO BE GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
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HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
APRIL 26, 2001
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada MAX CLELAND, Georgia
GEORGE ALLEN, Virginia BARBARA BOXER, California
JOHN EDWARDS, North Carolina
JEAN CARNAHAN, Missouri
Mark Buse, Republican Staff Director
Ann Choiniere, Republican General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
C O N T E N T S
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Page
Hearing held on April 26, 2001................................... 1
Statement of Senator Cleland..................................... 2
Statement of Senator McCain...................................... 1
Prepared statement........................................... 1
Witness
Kassinger, Theodore W., Nominee for General Counsel of the
Department of Commerce......................................... 3
Prepared statement........................................... 4
Biographical and Financial Information....................... 4
NOMINATION OF THEODORE W. KASSINGER TO BE GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
----------
THURSDAY, APRIL 26, 2001
United States Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:32 p.m., in
room SR-253, Russell Senate Office Building, Hon. McCain,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. MCCAIN, U.S. SENATOR
FROM ARIZONA
Senator McCain. This Committee takes its advice and consent
role very seriously, and I will note that Mr. Kassinger has
responded in detail to the Committee's request for biographical
and financial data. I have had the opportunity to review your
responses to the Committee's questionnaire and I look forward
to moving your nomination quickly along with the other
nominations we have considered before the Committee yesterday.
Prior to Mr. Kassinger's appointment, he was a partner in the
law firm of Vinson & Elkins, where he had practiced since 1985.
Mr. Kassinger also has a strong background in public service.
From 1981 through 1985 Mr. Kassinger served as International
Trade Counsel to the Senate Committee on Finance under the
leadership of Chairmen Bob Dole and Bob Packwood. Previously
Mr. Kassinger served as an attorney with the U.S. Department of
State from 1980 to 1981 and the U.S. International Trade
Commission from 1978 to 1980. Mr. Kassinger is currently
serving the Department of Commerce as Senior Adviser to the
Secretary. Mr. Kassinger, I want to welcome you to the
Committee. I appreciate your willingness to serve, and if you
have any family members here, please feel free to introduce
them before you begin your remarks.
[The prepared statement of Senator McCain follows:]
Prepared Statement of Hon. John McCain, U.S. Senator from Arizona
Good morning and welcome. Today I am pleased to have before the
Committee Mr. Ted Kassinger, who has been nominated to serve as General
Counsel of the Department of Commerce. I congratulate you Mr.
Kassinger, on your appointment to this prestigious post.
This Committee takes its advice and consent role very seriously,
and I will note that Mr. Kassinger has responded in detail to the
Committee's requests for biographical and financial data. I have had
the opportunity to review your responses to the Committee
questionnaire, and I look forward to moving your nomination quickly,
along with the other nominations we considered before the Committee
yesterday.
Prior to Mr. Kassinger's appointment, he was a partner in the law
firm of Vinson & Elkins, where he had practiced since 1985. Mr.
Kassinger also has a strong background in public service. From 1981 to
1985, Mr Kassinger served as International Trade Counsel to the Senate
Committee on Finance, under the leadership of Chairmen Bob Dole and Bob
Packwood. Previously, Mr. Kassinger served as an attorney with the U.S.
Department of State from 1980 to 1981, and the U.S. International Trade
Commission from 1978 to 1980.
Mr. Kassinger is currently serving the Department of Commerce as
senior advisor to the Secretary. Again, Mr. Kassinger, I welcome you to
the Committee, and appreciate your willingness to serve. If you have
any family members here, please feel free to introduce them before you
begin your remarks.
Mr. Kassinger. Thank you, Mr. Chairman. Indeed, I do. I
would like to introduce my wife, Ruth; my daughters Anna,
Austen and Alice; and my father-in-law and mother-in-law, Henry
and Alice Good.
Senator McCain. Welcome to the Committee today. I know this
is a very proud moment for all of you, especially your
daughters, and we want to welcome them. We're glad that they
could be here at this important moment. I would like, before
you make your brief opening statement, to recognize Senator
Cleland.
STATEMENT OF HON. MAX CLELAND, U.S. SENATOR
FROM GEORGIA
Senator Cleland. Thank you, Mr. Chairman. I just want to
say a few quick words regarding today's nomination of Mr.
Kassinger and later the testimony of Dr. Michael Adams, the
distinguished President of the University of Georgia. Mr.
Kassinger has a distinguished record of public service, as an
appointee in the Reagan Administration as well as his many
years as a high-level staffer to Senator Bob Dole. Mr.
Kassinger is a proud recipient of both his undergraduate and
graduate degrees from the University of Georgia. I understand
that his father was Director of Public Safety in Athens,
Georgia, some years ago, and I have every reason to believe he
will continue his fine career in public service in his new
capacity, and you certainly have my support. As General Counsel
for the Department of Commerce, the nominee will be the Chief
Legal Officer of the agency and will oversee a variety of
counsels ranging from the Patent and Trade Office to the
Export-Import Offices. Mr. Kassinger is well-qualified to serve
in this role. I'd like for all of you to support his nomination
and working with him.
I think a little later, Mr. Chairman, the Committee with
hear Dr. Michael Adams, the President of the University of
Georgia. Dr. Adams is here to present his views in the current
situation regarding college sport gambling. We are aware of the
controversy surrounding the issue and I look forward to his
testimony. Dr. Adams is no stranger to the Senate, having
served Senator--Majority Leader, Howard Baker, for 6 years, 3
of which he was his Chief of Staff. He has helped to make the
University of Georgia one of the finest public universities in
the country, and is quickly becoming a leading national figure
in all issues affecting our education. I am sure the Committee
will benefit from his testimony. Mr. Chairman unfortunately,
due to the previously scheduled hearings, I won't be able to
stay for today's hearing, but I look forward to the testimony
of witnesses. Thank you very much.
Senator McCain. So we know which Committee is more
important to you. Thank you very much Senator Cleland.
Mr. Kassinger.
STATEMENT OF THEODORE W. KASSINGER, NOMINEE FOR GENERAL
COUNSEL, DEPARTMENT OF COMMERCE
Mr. Kassinger. Mr. Chairman, members of the Committee.
Senator Cleland, thank you so much for those kind words.
I am honored to appear before you today as the President's
nominee to serve as General Counsel of the U.S. Department of
Commerce. I am grateful to President Bush for providing me this
opportunity, and I am deeply gratified by the confidence and
support shown to me by Secretary Evans. I would also like to
thank this Committee for the courtesy it has extended to me
throughout the appointment 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 perform the vital work of the Department. The breadth
of the Department's responsibilities and activities are
mirrored in the complex legal environment within which it must
operate. Competently handling the myriad issues faced daily by
the Department, from regulation of international trade to
management of marine fisheries to internal administration
matters and a multitude of others, will present a formidable
challenge. It is one that I welcome.
If confirmed by the Senate, I believe I would bring
substantial relevant experience and knowledge to the position
of General Counsel. In my nearly 16 years of private law
practice, I represented and counseled clients engaged in a wide
variety of international trade regulatory matters and
proceedings, business transactions, litigations and
arbitrations. Prior to joining my former law firm, I was
privileged to serve on the staff of the Senate Committee on
Finance, and as an attorney with both the U.S. Department of
State and U.S. International Trade Commission. I thus
fortunately have some knowledge of many Department of Commerce
programs, and experience working with them.
I also 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 career, able
lawyers. I am confident that I will perform my duties with the
skill that President Bush and you should expect.
There is no more important role served by the General
Counsel than to act as the Chief Ethics Officer for the
Department. Secretary Evans has already requested that I make
this responsibility a priority of my tenure. I share his strong
commitment that the employees of the Department act with the
utmost integrity and honesty, and I will strive to ensure that
the Department's programs are implemented in that spirit.
As someone who has previously had the opportunity to serve
government in both the Executive and Legislative Branches, I
have a keen appreciation for the role of this Committee and
other committees of Congress in enacting the laws under which
the Department operates, and conducting oversight of the manner
in which the Department implements those laws. I would welcome
the opportunity once again to assist you and your colleagues to
carry our your responsibilities as the Department pursues its
multiple missions.
Permit me to conclude by affirming to you my view that
public service in the position to which President Bush has
nominated me would be a special privilege, one that I commit to
undertake with all my energy and devotion. 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.
Thank you.
[The prepared statement and biographical information of Mr.
Kassinger follow:]
Prepared Statement of Theodore W. Kassinger, Nominee for General
Counsel, Department of Commerce
Mr. Chairman and Members of the Committee, I am honored to appear
before you today as the President's nominee to serve as General Counsel
of the U.S. Department of Commerce. I am grateful to President Bush for
providing me this opportunity and I am deeply gratified by the
confidence and support shown to me by Secretary Evans. I would also
like to thank this Committee for the courtesy it has extended to me.
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 perform the
vital work of the Department. The breadth of the Department's
responsibilities and activities are mirrored in a complex legal
environment within which it must operate. Competently handling the
myriad issues faced daily in the Department--from regulation of
international trade to management of marine fisheries to internal
administration matters and a multitude of others--will present a
formidable challenge, but one that I welcome.
If confirmed by the Senate, I believe I would bring substantial
relevant experience and knowledge to the position of General Counsel.
In my nearly 16 years of private law practice, I represented and
counseled clients engaged in a wide variety of international trade
regulatory matters and proceedings, business transactions, litigations,
and arbitrations. Prior to joining my former law firm, I was privileged
to serve on the staff of the Senate Committee on Finance and as an
attorney at both the Department of State and the U. S. International
Trade Commission. I thus fortunately have some knowledge of many
Department of Commerce programs and experience working with them.
I also have much to learn about the Department's operations, and
the laws and regulations that govern its operations. As I learn, I know
I will be well supported by a deep staff of able career lawyers. I am
confident that I will perform my duties with the skill that President
Bush and you should expect.
There is no more important role served by the General Counsel than
to act as chief ethics lawyer for the Department. Secretary Evans has
already requested that I make this responsibility a priority of my
tenure. I share his strong commitment that the employees of the
Department act with the utmost integrity and honesty, and I will strive
to ensure that the Department's programs are implemented in that
spirit.
As someone who has previously had the opportunity to serve
government in both the executive and legislative branches, I have a
keen appreciation for the role of this Committee and other committees
of the Congress in enacting the laws under which the Department
operates and in conducting oversight of the manner in which the
Department implements those laws. I would welcome the opportunity once
again to assist you and your colleagues to carry out your
responsibilities, as the Department pursues its multiple missions.
Permit me to conclude by affirming to you my view that public
service in the position to which President Bush has nominated me would
be a special privilege, one that I commit to undertake with all my
energy and devotion. 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: Theodore (Ted) William Kassinger.
2. Position to which nominated: General Counsel of the U. S.
Department of Commerce.
3. Date of nomination: April 4, 2001.
4. Address: Residence: (Information not released to the public).
Office: Office of the Secretary U.S. Department of Commerce 14th:
Street and Constitution Ave., NW Washington, DC 20230.
5. Date and place of birth: January 26, 1953; Atlanta, GA.
6. Marital status: Married--Ruth L. Good (wife's maiden name).
7. Names and ages of children: Anna L. Kassinger, 14; Austen E.
Kassinger, 12; Alice C. Kassinger, 8.
8. Education: University of Georgia, September 1975-June 1978,
J.D., June 1978; University of Georgia, June 1970-June 1975, B.L.A,
June 1975, Athens High School, September 1968-June 1970, none (skipped
senior year).
9. Employment Record: Law clerk, U.S. Dept of HEW, Atlanta, GA,
June 1976-May 1977; Summer Associate, Smith, Currie & Hancock, Atlanta,
GA, June 1977-August 1977; Instructor, UGA Business School, Athens, GA,
September 1977-June 1978; Attorney-Advisor, U.S. International Trade
Commission, Washington, DC, August 1978-April 1980; Attorney-Advisor,
U.S. Dept. of State, Washington, DC, April 1980-October 1981;
International Trade Counsel, U.S. Senate Committee on Finance;
Washington, DC, October 1981-June 1985; Associate (1985-1989), Partner
(1990-2001), Vinson & Elkins LLP, Washington, DC, July 1985-February
2001; Senior Advisor to the Secretary, U.S. Dept. of Commerce,
Washington, DC, February 2001-present; Instructor, Georgetown Law
Center, Washington, DC, January 1987-December 1987.
10. Government experience: University of Georgia School of Law,
Board of Visitors.
11. Business relationships: Vinson & Elkins LLP--Partner (1990-
2001), Ford's Theatre Society--Trustee (1998-present), The Concord Hill
School--Trustee (1995-present), University of Georgia School of Law
Board of Visitors (1999-present).
12. Memberships: District of Columbia Bar, Georgia Bar, American
Bar Association, American Society of International Law (Interest Group
Chair)\1\, Council on Foreign Relations (term membership)\1\, Trout
Unlimited, The Nature Conservancy.
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\1\ Not current member.
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13. Political affiliations and activities: (a) None. (b) Bush-
Cheney 2000 Presidential Campaign: Assisted policy staff of campaign.
Bush/Cheney Presidential Transition: Served as coordinator of Commerce
Department Transition Team. Dole for President Campaign 1996:
Volunteer.(c) National Good Government Fund $500, National Good
Government Fund $600, National Good Government Fund $546, National Good
Government Fund $525, Vinson & Elkins Texas PAC $1442, Vinson & Elkins
Texas PAC $636, Vinson & Elkins Texas PAC $911, Vinson & Elkins Texas
PAC $1000, Vinson & Elkins Texas PAC $2304, Vinson & Elkins Texas PAC
$970, Vinson & Elkins Texas PAC $1100, Vinson & Elkins Texas PAC $1465,
Vinson & Elkins Texas PAC $1803, Vinson & Elkins Texas PAC $1520,
Vinson & Elkins Texas PAC $1668, Dole for President $1000, George W.
Bush Presidential Campaign $1000, Republican National Committee $1000,
Bush-Cheney Recount Fund $500.
14. Honors and awards: College Honorary: Gridiron Secret Society,
Blue Key, Omicron Delta Kappa, Senior Superlative. Skipped senior year
of high school to join University Honors Program. Awarded Law School
scholarship.
15. Published writings: ``Antidumping Duty Investigations,'' in Law
and Practice of United States International Trade Regulation, Oceana
Publications (1987, 1989, 1996 update with Rosemary E. Gwynn); Basic
Documents of International Economic Law (chapters on the GATT
Antidumping Code, Subsidies Code, Standards Code, and Procurement
Code), CCH International and Westlaw (1990).
b. future employment relationships
1. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or''
organization? No.
2. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
3. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with, business associates,
clients or customers.
I have maintained assets in a 401(k) pension plan sponsored by
Vinson & Elkins LLP, consistent with the plan's standard option and the
practice of other former partners.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
To avoid potential conflicts of interests, I intend to recuse
myself from specific matters and to divest certain of my investments,
as set forth in an Ethics Agreement into which I have entered with the
Department of Commerce.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 20 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?
The Commerce Department's ethics officials, together with the
Office of, Government Ethics, have advised me of the possible conflicts
of interest that might arise from my recent business arrangements and
current investments. Implementation of the Ethics. Agreement will
resolve those potential conflicts. I am unaware of any other such
potential conflict of interest.
4. Describe any activity during the past 10 years in which you have
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.
During the course of my law practice over the past 10 years, I
regularly represented clients ,in a variety of administrative
proceedings and in connection with matters pending before or involving
consideration by Federal agencies, including the Departments of
Commerce, Treasury, Defense, and State; the International Trade
Commission; and the Office of the U.S. Trade Representative. These
matters included, for example, antidumping and countervailing duty
investigations; other trade law investigations; export licenses and
investigations; economic sanctions regulations; and regulation of
foreign investments. I also participated in several matters for which
my firm or I registered as lobbyists, or that indirectly related to
legislative or rulemaking matters. These included advocacy concerning
customs user fees, the sale of the Naval Petroleum Reserves, economic
sanctions legislation, imports of ammonium nitrate from Russia, and
financial aid to Russia. My former firm does not currently have
available lobbying registration records beyond the prior 5 years, but I
do not recall any other such matters.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
I have worked with government ethics counsel to identify potential
conflicts and to address appropriately those conflicts through the
Ethics Agreement (copy attached). I have no trust or other agreements
relevant to these matters. Upon taking office, I will act upon the
advice of the Department's ethics counsel to avoid conflicts of
interest that might arise, recusing myself from matters as appropriate.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of the Government Ethics concerning
potential conflicts of interest or any legal impediments to your
serving in this position? Yes.
d. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a complaint to
any court, administrative agency, professional . association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details. I have not been
an officer of any business. None of the non-profit corporations for
which I have served as trustee have been involved in such proceedings
during my tenure, to my knowledge. During my time as a partner in
Vinson & Elkins LLP, the firm was occasionally involved as a party in
interest in civil litigations, but I was not personally involved or
implicated in any such proceedings.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines set by Congressional committees for information? Yes, within
the bounds of my authority.
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, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress. The
General Counsel's Office of the Commerce Department is responsible for
drafting and providing legal approval to regulations issued by the
agency. I thus expect to play a direct supervisory role in managing the
rulemaking process, to ensure that rules comport with the legislative
authority for them.
5. Describe your department/agency's current mission, major
programs, and major operational objectives. The Department of
Commerce's statutory mission remains as the Congress established it in
1903: to foster and to promote U.S. commerce, international trade,
manufacturing and fisheries. The continuing operational objective for
the agency is to tailor that mission to the contemporary commercial
world, in all its breadth. The major programs of the Department all
touch on U.S. commercial interests in vital ways. These programs
include: (1) Managing the nation's fisheries and coastal zones through
NOAA; (2) providing weather data gathering and analysis services, also
through NOAA; (3) supporting both U.S. commerce and national security
through oceanic mapping and research; (4) working with the U.S. Trade
Representative to negotiate and to implement effective international
trade agreements; (5) through the Foreign Commercial Service and other
offices and programs, promoting U.S. export opportunities, particularly
by assisting new and smaller exporters to take advantage of world
markets; (6) through NTIA and other offices, advising the President on
telecommunications and information technology policies, and manage the
allocation of the Federal radio spectrum; (7) fostering technology
standards development, research, and policies; including the
harmonization of international standards in a manner consistent with
U.S. commercial interests; (8) supporting economic development
opportunities by minority and disadvantaged businesses and communities;
and (9) conducting the U.S. census and related economic research.
6. 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.
f. general qualifications and views
l. How have your previous professional experience and education
qualifies you for the position for which you have been nominated. The
Department's General Counsel is the chief legal officer of the agency,
with responsibilities for managing over 250 lawyers, directly or
indirectly, regarding matters covering the full range of the
Department's programs. As noted above, in nearly 23 years of practicing
law and serving in the Federal Government, including the last 16 years
with a major international law firm, I have acquired a broad range of
skills directly relevant to the programs of the Commerce Department. I
have substantial government and private, practice experience concerning
a wide variety of transactional, litigation, regulatory, and public
policy matters, particularly involving international trade and other
commercial matters. I also assumed 9 substantial administrative and
supervisory responsibilities for my law practice and firm. I thus have
acquired the skills and, experience necessary to manage a large
government law department, and in particular, to represent the
Department of Commerce and to advise the Secretary of Commerce in
connection with the programs within the agency's jurisdiction.
2. Why do you wish to serve in the position for which you have been
nominated? I support the ideas and vision articulated by President Bush
and Secretary Evans for promoting U.S. commercial interests and
building the American economy. I wish to contribute to the success of
the Department's mission by contributing the knowledge and experience I
have gained to public service.
3. What goals have you.established for your first 2 years in this
position, if confirmed?
Hire, and increase the Office's ability to retain,
experienced, able lawyers and staff.
Become fully established in my role as the chief ethics
officer of the Department.
Improve the agency's rulemaking and other administrative
processes, with the goal of reducing the litigation in which the
Department now is regularly involved.
Assist Secretary Evans to achieve the goals that he sets.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? I generally possess the experience and
skills that are necessary to carry out my' responsibilities. As I have
throughout my career, I expect to engage in a process of continuing
education through self-study and working with career personnel to
obtain and to improve the knowledge and skills I currently may lack.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary. The
Federal Government is entrusted with defending the national security,
conducting international trade and other diplomatic relations with
foreign states, defending individual liberty, including rights granted
under the Constitution and Federal laws, and working with State and
local governments and the private sector to provide for the common
welfare. The government has an, important role to play in and with the
private sector. where necessary to ensure competitive opportunity, to
promote free enterprise, and to protect public health and safety.
Government programs should be established and continually evaluated
based on need, cost-effectiveness, and alternative means of
accomplishing the same ends.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. As noted in
my answer to Question E5 above, nearly a century ago Congress defined
the Commerce Department's mission: to foster and to promote U.S.
commerce, international trade, manufacturing and fisheries. That
mission today must be pursued in a commercial world that is far more
globalized than in 1903, that is. increasingly knowledge-based and
electronically interconnected, and that is innovating at a rate never
before experienced. The Department accordingly must continually
evaluate its programs in light of the current competitive environment.
In general, the Department's objectives should be to contribute to the
creation of a competitive environment in which free enterprise thrives
while the nation's commercial interests and natural resources are
protected. Each of the major programs identified in my answer to
Question E5 can and should be implemented toward that end.
7. In reference to question No. 6, what forces are likely to result
in changes in the mission of this agency over the coming 5 years. While
the statutory mission of the agency is unlikely to change in the next 5
years, several factors will affect how the mission is accomplished.
These include: Increased global trade and investment, under both
existing and new trade agreements; the, continued expansion of e-
commerce, both domestically and transnationally; technological
innovations that will drive continual introduction of new products, new
markets, and new efficiencies in the conduct of business; and
scientific discoveries that will improve management of fisheries, the
marine environment, weather analysis, and other endeavors.
In further reference to question No. 6, what are the likely outside
forces which may prevent the agency from accomplishing its mission?
What do you believe to be the top three challenges facing the
department/agency and why? I am unaware of any outside force that may
prevent the Commerce Department from accomplishing its mission. Three
challenges will be: (1) Competing with the private sector for highly
qualified people, particularly those with particular scientific and
technical skills for which there are shortages; (2) focusing the
Department's technology policy initiatives in a way that fosters, not
hinders, a competitive environment; and (3) in the area of fisheries
management, finding the means to promote the health of both the
commercial fishing industry and fisheries stocks without continuous
judicial intervention.
9. In further reference to question No. 6, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years? By definition, the Department's mission of
fostering U.S. commerce is on-going. Individual programs within the
agency have faced specific challenges, however. For example, the
expiration of the Export Administration Act in 1994 has required the
Bureau of Export Administration to operate under emergency authority
while seeking new authorizing legislation. The National Marine
Fisheries Service has been the target of recurrent legal challenges,
sometimes resulting in conflicting judicial mandates. In general, there
has been an extraordinary need to devote time and resources to
Departmental management in light of new statutory accountability
requirements.
10. Who are the stakeholders in the work of this agency? The
Commerce Department's mission and programs are directed to the benefit
of all Americans.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 10. The
General Counsel is a public servant with the special responsibility of
ensuring that the Department's programs are carried out legally and
ethically. That responsibility requires a relationship defined by
attention to the requirements of law and the exercise of independent
judgment.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector.
(a) What do you believe are your responsibilities, if confirmed, to
ensure that your agency has proper management and accounting controls?
It would be my ultimate responsibility to advise the CFO on the
obligations of the laws and regulations that the CFO must take into
account while administering his duties.
(b) What experience do you have in managing a large organization?
Vinson & Elkins is a large, multinational law firm, having over 700
lawyers and annual revenues exceeding $300 million. As a partner in the
firm, I chaired and participated in numerous management-related
committees; carried various individual assignments related to strategic
analysis and planning; and supervised various lawyers and other
personnel in the provision of legal services to clients.
13. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals.
(a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. Identifying performance goals and reporting on
the progress in achieving them ensures that public resources are
devoted to appropriate, meaningful ends, with accountability for the
outcome.
(b) What steps could Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs? The steps should respond to the reasons why the agency
has failed to achieve its goals. If experience shows that a particular
program does not have a worthwhile purpose or its purpose cannot be
achieved in a cost-effective manner, then elimination or restructuring
of the program may well be warranted. In other cases, less radical
remedies may succeed in raising the performance of a worthwhile program
to an acceptable level.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed? The General Counsel's
performance should be measured by the success of the Office of the
General Counsel in delivering timely and effective legal services to
the Secretary and other Department personnel, and in carrying out of
other responsibilities entrusted to that office.
14. Please describe your philosophy of supervisor/ employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? I believe in leading
by example, and by encouraging employees to seek satisfaction in their
jobs through learning and accepting responsibility for serving others
well. I am unaware of any employee complaint every having been brought
against me.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. Having spent 4 years on the staff of
the Senate Finance Committee, I have an especially deep respect for the
responsibilities of Members of Congress. I' expect to have a
professional working relationship with Congress .that is expressed
through regular, two-way communication, backed by mutual desire to
assist both the Members and the Department to fulfill their respective
duties.
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency. The IG and the General Counsel should share the
mutual goal of ensuring the Department and its individual employees
carry out their responsibilities lawfully, efficiently, and with
integrity. I would expect to provide the IG with legal advice, just as
any other Department office, and I would likewise welcome the IG's
suggestions concerning improvements in operation of the General
Counsel's Office.
17. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. In
drafting, reviewing, and interpreting the Department's rules, the
General Counsel's Office will be guided by the letter and legislative
intent of the laws authorizing the rules. Please also see my response
to Question E4.
18. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
State your personal views. President Bush supports reauthorization of
the Export Administration Act, on a permanent basis, as soon as
possible. It also appears to be important to resolve the funding status
of the Patent and Trademark Office. Reauthorization of the Magnuson-
Stevens Act and the Marine Mammals Protection Act are also high
priorities.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please State why. If yes, please State
what steps you intend to take and a timeframe for their implementation.
Yes, where applicable. The General Counsel's Office generally would not
be administering programs intended to carry out broad national
priorities. Discretionary spending should be made on the basis of
objective criteria developed in a methodical process.
Senator McCain. Thank you very much, Mr. Kassinger. I did
read your written responses to the many questions that were
submitted to you. I think they're excellent. I look forward to
moving your nomination as quickly as possible so that you can
get to work as quickly as possible. Do my colleagues have any
questions for the witness? If not, thank you, and
congratulations Mr. Kassinger. You can see that your nomination
is fraught with controversy. Thank you very much.
Mr. Kassinger. Thank you Senators.
Senator McCain. Good luck to you.
[Whereupon at 9:47 a.m., the hearing was adjourned.]