[Senate Hearing 110-1136]
[From the U.S. Government Publishing Office]
S. Hrg. 110-1136
NOMINATION OF HON. JOHN J. SULLIVAN
FOR DEPUTY SECRETARY,
U.S. DEPARTMENT OF COMMERCE
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
__________
MARCH 13, 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
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Page
Hearing held on March 13, 2008................................... 1
Statement of Senator Inouye...................................... 1
Prepared statement........................................... 1
Statement of Senator Stevens..................................... 2
Prepared statement........................................... 2
Witnesses
Sullivan, Hon. John J., Nominee to be Deputy Secretary, U.S.
Department of Commerce......................................... 2
Prepared statement........................................... 4
Biographical information..................................... 5
Appendix
Response to written questions submitted by Hon. Jim DeMint to
Hon. John J. Sullivan.......................................... 13
NOMINATION OF HON. JOHN J. SULLIVAN
FOR DEPUTY SECRETARY,
U.S. DEPARTMENT OF COMMERCE
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THURSDAY, MARCH 13, 2008
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2 p.m. in The
Capitol, SC-6, Hon. Daniel K. Inouye, Chairman of the
Committee, presiding.
OPENING STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
The Chairman. As you know, this is an unusual time. We're
having votes every 12 minutes.
I'm so glad that when most Americans think of the
Department of Commerce, they think of trade and business, but
the nominee before us, Mr. John Sullivan, and the Members of
the Committee know that it is much, much more than that and
because of the time restrictions, without objection, my full
statement will be part of the record.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
I am certain that when most Americans think of the Department of
Commerce they think of trade and business, but the nominee before us,
Mr. John Sullivan, and the Members of the Committee know that it is so
much more.
The Department's mission includes conserving and managing our ocean
resources, ensuring accuracy in standards and measurements, counting
our citizens, providing economic opportunity, managing spectrum policy,
and predicting the weather both for tomorrow and for the long term. The
Commerce Department is even responsible, in part, for helping Americans
keep their televisions functioning once the digital television
transition is complete.
We need strong leaders at the Department who are committed to all
of the Department's missions. For example, the Nation's commerce will
suffer if the Department, through the National Oceanic and Atmospheric
Administration (NOAA), does not promote good stewardship of our
environment and its resources.
This session, the Committee and the Senate will be looking to act
on many issues related to the Department of Commerce. If you are
confirmed, Mr. Sullivan, we will need your help to enact legislation to
promote travel and tourism to the United States and to understand and
respond to the threat of global climate change. We will need your help
to ensure that the digital television transition runs smoothly, that
our system of Earth observing satellites remains viable, and that our
shared vision to promote American competitiveness through science and
innovation is implemented.
We look forward to working with you, should you be confirmed.
Mr. Sullivan, do you have any family members that you would like to
introduce to the Committee?
The Chairman. Please introduce your family.
Mr. Sullivan. Thank you, Mr. Chairman. I first have to note
that my wife and oldest son, Jack, were not able to join us
today. They had a previously scheduled trip on spring break,
but I'm joined by my daughter, Katie Sullivan and my son----
The Chairman. Welcome.
Mr. Sullivan.--Teddy Sullivan, and my in-laws, Graciela and
Rueben Rodriguez.
The Chairman. That's wonderful. Senator Stevens?
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. I'd like to put my statement in the record
and welcome you, Mr. Sullivan. We're pleased that the Chairman
has held this rather impromptu hearing for you.
[Laughter.]
Mr. Sullivan. Thank you, Senator Stevens.
[The prepared statement of Senator Stevens follows:]
Prepared Statement of Hon. Ted Stevens, U.S. Senator from Alaska
Mr. Chairman, thank you for holding this afternoon's hearing. The
jurisdiction of the Department of Commerce is extensive, ranging from
enforcement of international trade agreements to improvement of the
state of fisheries and the oceans to development of telecommunications
and information policy issues. As Chief Operating Officer, the Deputy
Secretary of the Department has many demanding responsibilities and it
is crucial the individual chosen to fill this position be capable and
knowledgeable about all aspects of the Department. Especially now, at a
time when the Commerce Department is in the midst of executing many
challenging initiatives.
I look forward to hearing from Mr. Sullivan today and discussing
his ideas for the Department and I congratulate him on his nomination.
The Chairman. You don't mind if----
Mr. Sullivan. Absolutely not. Thank you, Mr. Chairman.
The Chairman. It's your show.
STATEMENT OF HON. JOHN J. SULLIVAN, NOMINEE TO BE DEPUTY
SECRETARY, U.S. DEPARTMENT OF COMMERCE
Mr. Sullivan. Thank you, Mr. Chairman and Mr. Vice
Chairman. I'm honored to appear here before you today as the
President's nominee to be the next Deputy Secretary of the
Department of Commerce.
I'm grateful and honored that the President has given me
this opportunity to continue serving the American people and
I'm deeply appreciative of the confidence and support shown to
me by Secretary Gutierrez.
I'd also like to thank the Committee and both you, Mr.
Chairman, and you, Senator Stevens, and your staff for their
courtesies that have been extended to me in the course of this
nomination proceeding. I'm very grateful for that.
Today, I'd like to briefly--I know you have time
constraints--just briefly give you a sense of what I'd like to
accomplish as Deputy Secretary of Commerce, if given that
opportunity.
Let me begin by stating my strong commitment to the core
mission of the Department to serve the American people by
helping to create the right conditions for economic growth and
expanded opportunity.
The Commerce Department addresses a wide range of important
challenges each and every day. We encourage environmental
stewardship. We promote innovation, foster entrepreneurship and
enhance competitiveness. Our work takes place on a global
basis, from marine fisheries and the National Weather Service
to the Census and numerous scientific, environmental,
technological and economic endeavors.
The Department's Deputy Secretary effectively serves as the
Department's Chief Operating Officer, overseeing its 38,000
employees and $7.6 billion budget. One of the deputy's most
important roles is to serve as a forceful advocate within the
Administration for the Department's programs in the development
of the President's budget. The Deputy Secretary also acts as
the Secretary's primary advisor and surrogate.
With the support of this Committee and the hardworking men
and women of the Department, I'm confident that I can maintain
the high standards set by my predecessors and support the
commitment to excellence embodied by Secretary Gutierrez.
I believe my experience, both in government and in the
private sector, will help me in that endeavor. In two decades
of law practice, I've had the privilege of serving in a wide
variety of positions, as a law clerk to Judge John Minor Wisdom
and to Supreme Court Justice David H. Souter, as counselor to
the Assistant Attorney General in charge of the Office of Legal
Counsel at the Justice Department, as a partner in the law firm
of Mayer, Brown, as Deputy General Counsel to the Department of
Defense, and in my current position as General Counsel of the
Department.
In these varied roles, I believe I have developed the
skills and experience necessary to address the challenges and
opportunities facing the Commerce Department. Yet I also
recognize that I have much to learn about facets of the
Department 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 at the Department. I'm
confident that with their support, I will be able to perform my
duties with the skill and professionalism that President Bush,
the Members of this Committee, Secretary Gutierrez and the
public expect and deserve.
If confirmed, I will work side by side with Secretary
Gutierrez as he leads the Department's focus on economic growth
and job creation, will promote the wise stewardship of our
environment and our natural resources, will open foreign
markets, work to level the playing field for American
businesses, farmers and workers, will insist that our trading
partners fully comply with their trade agreements, and we will
foster technological innovation while defending intellectual
property rights.
We'll implement effective export controls, and we will
oversee the collection of sound economic and demographic
statistics.
I look forward to the prospect of working with this
Committee on these and other important issues.
I'd like to conclude with a statement of 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 President and
the American people.
Thank you again for the opportunity to appear before you
today and for your consideration of my nomination. I'd be
pleased to respond to any questions for me that you may have.
[The prepared statement and biographical information of Mr.
Sullivan follow:]
Prepared Statement of John J. Sullivan, Nominee to be Deputy Secretary,
U.S. 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 Deputy Secretary of the United States Department of
Commerce. 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. I would also like to thank this Committee and its
staff for the courtesies they have extended to me throughout this
process.
Today, I would like to give you a better sense of what I hope to
accomplish as Deputy Secretary of Commerce--if given that opportunity.
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 addresses a wide range of
important challenges each and every day. We encourage environmental
stewardship. We promote innovation. We foster entrepreneurship. And we
enhance competitiveness. Our work takes place on a global basis--from
marine fisheries and the National Weather Service to the Census and
numerous scientific, environmental, technological, and economic
endeavors.
The Department's Deputy Secretary effectively serves as its Chief
Operating Officer, overseeing its 38,000 employees and $7.6 billion
budget. Indeed, one of the Deputy's most important roles is to serve as
a forceful advocate within the Administration for the Department's
programs in the development of the President's budget. The Deputy
Secretary also acts as the Secretary's primary advisor and surrogate.
With the support of this Committee, and the hardworking men and women
of the Department, I am confident I can maintain the high standards set
by my predecessors and support the commitment to excellence embodied by
Secretary Gutierrez.
If confirmed by the Senate, I would bring valuable experience and
knowledge to the office of Deputy Secretary. For the past two and a
half years, I have served as the Department's General Counsel--acting
as the agency's chief legal officer and providing legal advice to the
Secretary and senior officials as they conduct their vital work.
Handling the myriad legislative, regulatory, and administrative issues
faced daily in the Department--from management of marine fisheries to
regulation of international trade--has given me a unique perspective
into the needs and goals of the Department and its bureaus.
In my two decades of law practice, I have had the privilege of
serving in a wide variety of positions: as a law clerk to Judge John
Minor Wisdom and to Supreme Court Justice David H. Souter; as Counselor
to the Assistant Attorney General in charge of the Office of Legal
Counsel at the Justice Department; as a partner in the international
law firm now known as Mayer Brown; as Deputy General Counsel of the
Department of Defense; and in my current position as General Counsel of
the Department of Commerce.
In these varied roles, I believe I have developed the skills and
experience necessary to address the challenges and opportunities facing
the Commerce Department. Yet I also recognize that I have much to learn
about facets of the Department 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 at the Department. I am confident
that, with their support, I will perform my duties with the skill and
professionalism that President Bush, the Members of this Committee,
Secretary Gutierrez, and the public, expect and deserve.
If confirmed, I will work side-by-side with Secretary Gutierrez as
he leads the Department's focus on economic growth and job creation. We
will promote the wise stewardship of our environment and our natural
resources. We will open foreign markets. We will work to level the
playing field for America's businesses, farmers, and workers. We will
insist that our trading partners fully comply with our trade
agreements. We will foster technological innovation. We will defend
intellectual property rights. We will implement effective export
controls. And we will oversee the collection of sound economic and
demographic statistics. I look forward to the prospect of working with
this Committee on these and other important issues.
Permit me to conclude with 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 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 that you may have
for me.
______
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names or nicknames used): John Joseph
Sullivan.
2. Position to which nominated: Deputy Secretary of Commerce.
3. Date of Nomination: December 4, 2007.
4. Address (list current place of residence and office addresses):
Residence: Information not released to the public.
Office: General Counsel, United States Department of Commerce,
1401 Constitution Avenue, N.W., Room 5870, Washington, D.C.
20230.
5. Date and Place of Birth: November 20, 1959; Boston, MA.
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: Graciela Maria Rodriguez, Partner, King & Spalding,
1700 Pennsylvania Avenue, N.W., Washington, D.C. 20006-4706.
Children: John Hugh Sullivan, 16; Katherine Ann Sullivan, 14;
Edward Albert Sullivan, 11.
7. List all college and graduate degrees. Provide year and school
attended.
Brown University, A.B. in History and Political Science, 1981.
Columbia University School of Law, J.D., 1985.
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.
General Counsel, United States Department of Commerce (2005 to
present).
Deputy General Counsel, United States Department of Defense
(2004-2005).
Partner, Mayer, Brown, Rowe & Maw LLP (1997-2004).
Associate, Mayer, Brown & Platt (1993-1996).
General Counsel, Phil Gramm for President (1995).
Deputy General Counsel, Bush-Quayle 1992 (1992).
Counselor to the Assistant Attorney General, Office of Legal
Counsel, United States Department of Justice (1991-1992).
Law Clerk, Associate Justice David H. Souter, Supreme Court of
the United States (1990-1991).
Attorney-Adviser, Office of Legal Counsel, United States
Department of Justice (1990).
Associate, Paul, Weiss, Rifkind, Wharton & Garrison (1987-
1990).
Law Clerk, Cravath, Swaine & Moore, New York, NY (1986-1987).
Law Clerk, Judge John Minor Wisdom, United States Court of
Appeals for the Fifth Circuit (1985-1986).
Summer Associate, Cravath, Swaine & Moore, New York, NY (1984,
1985)
Summer Associate, Milbank, Tweed, Hadley & McCloy, New York, NY
(1983)
Analyst, Dow Service, Inc., Boston, MA (1981-1982).
9. Attach a copy of your resume. See attached (Appendix A).
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 LLP, 1997-2004.
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.
Member, New York Bar, 1987 to present.
Member, D.C. Bar, 1993 to present.
Member, Federalist Society, 1990 to present.
Head Coach, Montgomery Youth Hockey Association, 1997-2004.
None of these organizations restricts membership on the basis
of sex, race, color, religion, national origin, age, or
handicap.
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.
General Counsel, United States Department of Commerce (2005 to
present).
Deputy General Counsel, United States Department of Defense
(2004-2005).
Both of these positions were the result of appointments, not
campaigns.
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 attached records of the FEC (Appendix B).
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Awarded the Secretary of Defense's Medal for Exceptional Public
Service.
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.
``Federal Preemption: Two Renditions of Fundamental Theme,''
Inside Litigation (Oct. 1998); ``Appeals to the Supreme
Court,'' Business and Commercial Litigation in Federal Courts
(West 1998); ``Supreme Court Bypasses Airbag Preemption Case,''
Legal Opinion Letter, Washington Legal Foundation (1996); Note,
``The Equal Access to Justice Act in the Federal Courts,'' 84
Colum. L. Rev. 1089 (1984).
Speech at the 2007 Ambassador's IPR Roundtable: IPR Protection,
Beijing, China (Oct. 23, 2007).
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.
May 18, 2005--Nomination Hearing before the U.S. Senate Committee
on Commerce, Science, and Transportation (nominated to be General
Counsel of the United States Department of Commerce).
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?
As General Counsel of the Department of Commerce, I have gained
wide-ranging experience with the vast array of programmatic
responsibilities carried out by the Department and its twelve operating
units. As a result of my tenure at Commerce, I have developed a deep
appreciation for the importance of the work performed by the 38,000
public servants employed by the Department in ensuring the
sustainability of ocean resources, protecting and restoring marine and
coastal areas, studying the climate and weather, promoting economic
growth and opportunity, expanding the Nation's scientific and technical
capabilities, compiling and disseminating demographic and economic data
essential to informed decision-making, and facilitating international
trade. Both as General Counsel and a member of Secretary Gutierrez's
Executive Management Team, I have a well-grounded understanding of the
broad range of issues on which the Department works and the resources
available to it in carrying out its mission.
I gratefully accepted the opportunity to serve Commerce as its
General Counsel two and one-half years ago out of a belief that public
service is a special privilege and responsibility. If confirmed by the
Senate as Deputy Secretary, I look forward to enhancing my ability to
influence Commerce's efforts to fulfill its mission and to make sure
that the American public receives the best services possible.
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 Deputy Secretary, I will continue to maintain the
close working relationships with bureau managers that were established
by my predecessors. As the Department's chief operating officer, I will
exercise the oversight needed to ensure that Commerce programs are
effective and our organizational goals and objectives are achieved. In
addition to routine day-to-day interaction with bureau leadership, we
will continue to conduct weekly Executive Management Team meetings
under the direction of Secretary Gutierrez, and to hold formal program
performance reviews throughout the year.
Through close scrutiny of program operations and by holding
managers at all levels responsible for program results, the Department
will continue to strengthen all facets of its operations. I am
committed to maintaining the Department's success as a performance-
oriented organization, and to further implementing management reforms
such as those established under the President's Management Agenda. I
will also be an aggressive advocate with OMB and the Congress to ensure
that the Department and its bureaus have the financial resources to
accomplish their mission.
In addition, I have extensive experience in managing a large
organization. During my time as General Counsel, I have been
responsible for my office's annual budget of more than $30 million and
have overseen the work of over 400 lawyers in the 14 different legal
offices that provide advice on myriad legal issues and policy
considerations affecting the Department and its diverse programs. I
directly supervise the offices of three Assistant General Counsels and
seven Chief Counsels, and provide legal and policy direction for four
additional legal offices that receive their funding and personnel
allocations from their bureaus.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Managing the development and acquisition of satellites. The
National Oceanic and Atmospheric Administration (NOAA) is in the
process of acquiring its next-generation geostationary (GOES-R) and
Polar (NPOESS) satellite systems, in collaboration with the National
Aeronautics and Space Administration (NASA) and the Air Force. It is
entering the main procurement phase for GOES-R, and has restructured
NPOESS following the recertification required under Nunn-McCurdy due to
significant cost overruns and schedule delays. Because the accuracy of
both routine and severe weather forecasts depends on NOAA's satellites,
they are critically important to public safety and defense operations.
Acquiring satellites is a lengthy process involving both cutting-edge
technical issues and large capital expenditures, making this one of the
Department's most important challenges.
Assuring the overall success and accuracy of the 2010 Census.
Managing the people, the technology, the testing, and the budgets
involved with the 2010 census is a critical priority. Every American
community has a stake in the outcome of the census, and its success is
integrally linked to the public's faith in the Census Bureau's ability
to secure the information that is collected. The Department is
committed to fulfilling this 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.
Facilitating the Nation's transition from analog to digital
television technology. The National Telecommunications and Information
Administration (NTIA) is playing a crucial role in the Nation's move
from analog to digital television. Under the Digital Television
Transition and Public Safety Act of 2005, NTIA is establishing and
managing several new programs. Two of these--a grant program for public
safety interoperable communications and a coupon program for television
converter boxes--each have $1 billion budgets, although the latter
could increase to $1.5 billion. As a result of the nationwide scope and
impact of these programs, this is a critical initiative and ensuring
the success of these efforts is one of the Department's highest
priorities.
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 continue to maintain an interest in a 401(k) savings plan
established by my former employer (Mayer, Brown, Rowe & Maw LLP). As
disclosed in my attached financial disclosure form (See attached SF-278
(Appendix C)*), my account is vested in diversified mutual
funds and no contributions to this account have been made (or will be)
since the termination of my employment in February 2004.
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available from the U.S. Office of Government Ethics.
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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: No.
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 attached ethics
agreement (Appendix D).
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.
I represented, on a pro bono basis, the Special Operations Warrior
Foundation, which sought a Federal charter from Congress.
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 attached ethics agreement (Appendix D).
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 whistleblowers 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.
______
Appendix A--Resume
JOHN J. SULLIVAN
Employment
United States Department of Commerce, Washington, D.C., General
Counsel, July 2005 to present.
United States Department of Defense, Washington, D.C., Deputy
General Counsel, February 2004 to June 2005.
Mayer, Brown, Rowe & Maw LLP, Washington, D.C., Partner, January
1997 to February 2004; Associate, February 1993 to December 1996.
Bush-Quayle 1992, Washington, D.C., Deputy General Counsel, January
1992 to December 1992.
United States Department of Justice, Washington, D.C., Counselor to
the Assistant Attorney General, Office of Legal Counsel, September 1991
to January 1992; Attorney-Adviser, Office of Legal Counsel, March 1990
to October 1990.
Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, Associate,
October 1987 to March 1990.
Cravath, Swaine & Moore, New York, NY, Law Clerk, September 1986 to
September 1987.
Clerkships
Associate Justice David H. Souter, Supreme Court of the United
States, Law Clerk, October Term 1990.
Judge John Minor Wisdom, United States Court of Appeals for the
Fifth Circuit, Law Clerk, June 1985 to August 1986.
Education
Columbia University School of Law, New York, NY
J.D., May 1985. Book Reviews Editor, Columbia Law Review;
Harlan Fiske Stone Scholar.
Brown University, Providence, RI
A.B., History and Political Science, June 1981.
Appendix B
FEC Individual Contribution Search Results (December 10, 2007)
Presented by the Federal Election Commission
Individual Contributions Arranged By Type, Giver, Then Recipient
Contributions to Political Committees
Sullivan, John; Bethesda, MD 20817; Mayer Brown Rowe & Maw
Floyd, Charles via Floyd for Congress Committee; 12/15/2003;
$500.00
Sullivan, John; Bethesda, MD 20817; Mayer Brown Rowe & Maw/Attorney
Ryan, Jack via Jack Ryan for U.S. Senate; 02/06/2004; $500.00
Sullivan, John J.; Bethesda, MD 20817; Mayer Brown & Platt
Bush, George W. via Bush for President Inc.; 05/13/1999;
$1,000.00
Sullivan, John J. Mr.; Bethesda, MD 20817; Department of Commerce/
Attorney
Republican National Committee; 12/13/2005; $550.00
Sullivan, John J. Mr.; Bethesda, MD 20817; Mayer Brown Rowe & Maw/
Attorney
Bush, George W. via Bush-Cheney 2004 (Primary) Inc. 05/29/2003;
$2,000.00
Bush, George W. via Bush-Cheney 2004 Compliance Committee Inc.;
08/18/2004; $2,000.00
Sullivan, John J. Mr.; Bethesda, MD 20817; Mayer Brown Rowe & Maw/
Attorney
Republican National Committee; 12/26/2003; $500.00
Total Contributions: $7,050.00
______
General Counsel of the of United States Department of
Commerce
Washington, DC, November 8, 2007
Memorandum For: Barbara S. Fredericks
Assistant General Counsel for
Administration
From: John J. Sullivan
Subject: Ethics Agreement
The purpose of this memorandum is to describe the steps that I will
take to avoid any actual or apparent conflict of interest in the event
that I am appointed to the position of Deputy Secretary of Commerce.
As required by 18 U.S.C. 208(a), I will not participate
personally and substantially in my official capacity in any particular
matter that has a direct and predictable effect on my financial
interests or those of any other person whose interests are imputed to
me, unless I first obtain a written conflict of interest waiver,
pursuant to section 208(b)(1), or qualify for a regulatory exemption,
pursuant to section 208(b)(2). I understand that the interests of the
following persons are imputed to me: my spouse, minor children, or any
general partner; any organization in which I serve as an officer,
director, trustee, general partner, or employee; and any person or
organization with which I am negotiating or have an arrangement
concerning prospective employment.
Specifically, I will not personally and substantially participate
in any particular matter that will have a direct and predictable effect
on my wife's law firm, King & Spalding, unless I first obtain a written
waiver or am permitted to participate due to a regulatory exemption.
Furthermore, pursuant to 5 C.F.R. 2635.502, I will not participate in
any particular matter involving specific parties in which any client of
my spouse is a party or represents a party, unless I am authorized to
participate under 5 C.F.R. 2635.502(d).
In addition, I will not participate personally and substantially in
any particular matter that will have a direct and predictable effect on
the ability or willingness of the following bond issuers to pay their
debt obligation to me or on the market value of the bond, unless such
participation is permitted by regulatory exemption or written conflict
of interest waiver:
Cecil County, Maryland
Maryland Department of Transportation
Montgomery County, Maryland
Prince George's County, Maryland, and
Washington Suburban Sanitary District.
Within 90 days of my confirmation, I will issue a statement
memorializing these recusals.
With respect to my financial interests from which disqualification
is not presently required because of the applicability of a regulatory
exemption, should a financial interest no longer qualify for an
exemption, I will immediately disqualify myself from participating in
matters affecting the interest, unless it is covered by another
exemption, and will seek advice from a Department of Commerce ethics
official regarding other ways to avoid a conflict of interest.
In the event my participation in a matter from which I am
disqualified is important to the Government, I will seek advice from an
ethics official on means to resolve a conflict of interest, such as by
divestiture or by obtaining a conflict of interest waiver.
cc: Secretary Carlos M. Gutierrez
The Chairman. Thank you very much, Mr. Sullivan. I just
have a question that NOAA is given a little high priority
because Alaska has the longest coastline, Hawaii is surrounded
by the ocean, NOAA is very important.
I have one concern, the transition from analog to digital,
and I hope you will take personal care of that.
Any questions?
Senator Stevens. No, I don't have any questions either. I
congratulate you. I, too, was a general counsel for a major
department. I think you have the background for this job and
look forward to working with you.
Mr. Sullivan. Thank you very much.
The Chairman. Any further statement?
Mr. Sullivan. Nothing further, other than to say, Mr.
Chairman, thank you.
The Chairman. Well, in 2 hours, we'll be voting on you.
Mr. Sullivan. Thank you.
The Chairman. This is a little--I suppose this is the first
time we've done this for you.
Mr. Sullivan. I appreciate that, Mr. Chairman.
Senator Stevens. We're happy to do it for you.
The Chairman. So, with that, thank you very much.
Mr. Sullivan. Thank you.
The Chairman. The hearing's adjourned.
[Whereupon, at 2:15 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Jim DeMint to
Hon. John J. Sullivan
Question 1. In your current position as General Counsel, you are
responsible for advising the Secretary and others in the Department on
how to comply with various legal obligations--whether they originate
from Congress or from international agreements and bodies to which
Congress previously assented. How do you view rulings by the Appellate
Body of the World Trade Organization (``WTO'') in terms of the United
States' responsibility to comply with them? Do you believe the U.S.
ability to demand compliance by other nations with WTO rulings is
compromised when the U.S. fails to fully and timely comply itself?
Answer. The WTO Agreements are important international agreements
that Congress has implemented through precise statutory language. In my
role as General Counsel, I am necessarily mindful, first and foremost,
of the requirements of U.S. law and the statutory provisions adopted by
Congress regarding the relationship between U.S. law and
recommendations and rulings adopted by the Dispute Settlement Body
(``DSB'') of the WTO. With respect to DSB recommendations and rulings
related to decisions of the Department of Commerce in antidumping and
countervailing duty proceedings, these statutory provisions require
consultations between the U.S. Trade Representative, the relevant
agency, and relevant Congressional Committees prior to implementing any
DSB recommendation or ruling. Thus, my view of any particular ruling is
based on the merits of the ruling itself and informed by the
congressionally mandated consultation process.
The dispute settlement procedures incorporated into the WTO
Agreements represent a significant advance in international dispute
resolution. The procedures provide for consideration of disputes by
panels of experts and allow for appeal of panel reports to the
permanent Appellate Body set up by the DSB. Reports of the panels and
the Appellate Body are adopted by the DSB within strict timelines and
can only be rejected by consensus vote. They provide an important means
for resolving trade disputes among WTO Members and consequences for the
failure to comply with WTO obligations. The United States has fully
complied with WTO rulings in the vast majority of cases, and we will
continue to seek compliance by our trading partners with their WTO
obligations. As you know, however, the United States has expressed
concern with respect to the reasoning in several recent Appellate Body
reports reviewing panel rulings regarding the issue of so-called
``zeroing.'' The United States has noted both that the reports impose
obligations to which WTO Members did not agree in the Uruguay Round of
negotiations and that multiple panels (currently up to four) have
interpreted the Antidumping Agreement differently than the Appellate
Body with respect to this issue.
Question 2. I am concerned by DOC's failing to comply with the WTO
Appellate Body's ruling in United States--Measures Relating to Zeroing
and Sunset Reviews (``Zeroing'') (WT/DS322). DOC previously committed
itself to comply with that ruling by December 24, 2007. That date has
come and gone and now Japan has taken steps toward imposing $248
million in retaliatory tariffs on U.S. exports for lack of compliance
with the ruling. DOC's failure to implement the ruling, which is
harming a number of manufacturers all over the country, seems to fly in
the face of U.S. legal obligations and is contrary to the President's
free trade agenda. Why has DOC not fully implemented the ruling? What
steps is DOC taking to avoid retaliatory tariffs?
Answer. While we place great importance on respecting our WTO
obligations, the United States continues to be deeply troubled by the
Appellate Body report's evaluation of the issue of ``zeroing.'' The
report's reasoning presents serious problems both from the perspective
of treaty interpretation and from the practical perspective of WTO
Members endeavoring to administer their antidumping regimes
consistently with their WTO obligations. The United States took steps
to come into compliance with our WTO obligations following the release
of that report, but Japan remains dissatisfied. In January, Japan
requested retaliation authority from the WTO and we have objected,
resulting in a referral of their request to arbitration. Japan
subsequently informed the DSB that, because there appears to be broad
disagreement between Japan and the United States as to the issues of
compliance in this dispute, Japan intends to initiate compliance
proceedings under Article 21.5 of the Dispute Settlement Understanding,
and to suspend the arbitration during the compliance proceedings.
We have continued to consult with the relevant Congressional
committees regarding our efforts on zeroing. In addition, we have
pressed hard in Geneva to get others to recognize that these rulings
have adverse implications for their antidumping systems, specifically,
and their ability to know and act consistently with all of their WTO
obligations, more generally. Moreover, in accordance with the general
negotiating objectives set forth in U.S. Trade Promotion Authority to
``preserve the ability of the United States to enforce rigorously its
trade laws, including the antidumping . . . laws'', we have proposed
that the Antidumping Agreement be revised to make clear that there is
no requirement to provide offsets for non-dumped sales when fashioning
and applying a remedy for injurious dumping.
This issue remains unsettled within the WTO. In our dispute with
Mexico at the WTO concerning this practice, the panel issued its
decision in December. This was the third panel to find that the
existing Antidumping Agreement does not prohibit zeroing in contexts
such as administrative reviews, directly disagreeing with the Appellate
Body's analysis of the text. Moreover, in November, the Chair of the
Rules Negotiating Group issued a draft text that would make explicit
the right of Members to use this methodology in administrative reviews,
among other contexts.