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56–546 PDF 2010

S. HRG. 111–432 

LANE NOMINATION 

HEARING 

BEFORE THE

COMMITTEE ON 

ENERGY AND NATURAL RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

TO

CONSIDER THE NOMINATION OF JEFFREY LANE, TO BE AN ASSISTANT 

SECRETARY OF ENERGY, CONGRESSIONAL AND INTERGOVERNMENTAL AFFAIRS 

MARCH 17, 2010 

( 

Printed for the use of the 

Committee on Energy and Natural Resources 
(II) 

COMMITTEE ON ENERGY AND NATURAL RESOURCES 

JEFF BINGAMAN, New Mexico, Chairman 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

TIM JOHNSON, South Dakota 

MARY L. LANDRIEU, Louisiana 

MARIA CANTWELL, Washington 

ROBERT MENENDEZ, New Jersey 

BLANCHE L. LINCOLN, Arkansas 

BERNARD SANDERS, Vermont 

EVAN BAYH, Indiana 

DEBBIE STABENOW, Michigan 

MARK UDALL, Colorado 

JEANNE SHAHEEN, New Hampshire 

LISA MURKOWSKI, Alaska 

RICHARD BURR, North Carolina 

JOHN BARRASSO, Wyoming 

SAM BROWNBACK, Kansas 

JAMES E. RISCH, Idaho 

JOHN MCCAIN, Arizona 

ROBERT F. BENNETT, Utah 

JIM BUNNING, Kentucky 

JEFF SESSIONS, Alabama 

BOB CORKER, Tennessee 

ROBERT M. SIMON, Staff Director 

SAM E. FOWLER, Chief Counsel 

MCKIE CAMPBELL, Republican Staff Director 

KAREN K. BILLUPS, Republican Chief Counsel 
(III) 

C O N T E N T S 

STATEMENTS 

Page 

Bennet, Hon. Michael F., U.S. Senator From Colorado ........................................ 1 

Bingaman, Hon. Jeff, U.S. Senator From New Mexico ........................................ 1 

Lane, Jeff, Nominee to be an Assistant Secretary of Energy, Congressional 

and Intergovernmental Affairs, Department of Energy .................................... 4 

Udall, Hon. Mark, U.S. Senator From Colorado ................................................... 2 

APPENDIX 

Responses to additional questions .......................................................................... 7 

(1) 

LANE NOMINATION 

WEDNESDAY, MARCH 17, 2010 

U.S. SENATE, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. 

The committee met, pursuant to notice, at 9:31 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. Why don’t we go ahead and get started. 

The committee meets this morning to consider the nomination of 

Jeffrey Lane to be the Assistant Secretary of Energy for Congressional and Intergovernmental Affairs. 

Mr. Lane is no stranger here in the Senate. He served for many 

years as legislative director for Senator Sasser, administrative assistant to Senator Daschle, chief of staff, first to Senator Edwards, 

then to Senator Salazar, and most recently to Senator Bennet. 

It is the job of the Assistant Secretary for Congressional and 

Intergovernmental Affairs to present the programs, policies, and 

initiatives of the Department of Energy to Congress, but also to 

relay our views and concerns back to the Department. So, we’re fortunate to have Mr. Lane, who is somebody that can bring to that 

job more than 15 years’ experience in senior staff positions in the 

Senate, who is very familiar with the ways of the Senate. 

I strongly support his nomination, very pleased to welcome him 

to the committee. 

I’ve been informed that Senator Murkowski is not likely to get 

here before we’re required to stop for votes over on the floor. But, 

Senator Bennet is here to introduce Mr. Lane, and let me defer to 

Senator Bennet. 

Thank you for being here. 

STATEMENT OF HON. MICHAEL F. BENNET, U.S. SENATOR 

FROM COLORADO 

Senator BENNET. Thank you, Mr. Chairman. Thank you for having me. I thank the ranking member, though she’s not here, for 

holding this hearing with you. 

I simply can’t imagine a better person for this job than Jeff Lane. 

Jeff has served our government in a number of distinguished capacities. He will do well as President Obama’s nominee for Assistant Secretary of Energy for Congressional and Intergovernmental 

Affairs. 
2 

As you said, Mr. Chairman, Jeff was my chief of staff. He provided me with invaluable service during my transition to the Senate, helping me build and manage a new staff. As a former chief 

of staff, myself, I know the challenges Jeff faced, although I’ve 

never had to work for somebody as difficult as me. 

Particularly relevant to the committee, he had considerable experience with the Energy and Water Appropriations Subcommittee, 

and also with energy policy and financing, that affects the work 

you do every day. He has worked in a senior capacity for Senators 

Sasser, Edwards, Daschle, and for my predecessor, Ken Salazar. 

As Senator Udall and others know, our State is home to a flagship DOE institution, the National Renewable Energy Laboratory. 

Jeff is well acquainted with NREL and other DOE assets all across 

the country. This blend of policy experience with managing Senate 

staffs, both in Washington and, of course, back in each Senator’s 

home States, including my 8 Colorado offices, make him qualified 

to be Assistant Secretary of Energy for Congressional and Intergovernmental Affairs. I urge the entire committee to support his nomination. 

I want to thank you, Mr. Chairman, for having me here this 

morning. 

I see our senior Senator from Colorado—my senior Senator is 

here—Mark Udall. I know Mark knows Jeff well, and will support 

his nomination, as well. 

I’m just so delighted to be here, it’s so rare to have somebody 

with the background and the caliber that Jeff brings to this job, 

and it’s going to be a delight for me to work with him in his new 

role. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you for your strong endorsement and your 

statement. 

Let me just ask Senator Udall if he wanted to make any statement at this point. We have not yet heard from the nominee, but 

we can either hear your statement now, or you could wait, whatever you’d like. 

STATEMENT OF HON. MARK UDALL, U.S. SENATOR 

FROM COLORADO 

Senator UDALL. Mr. Chairman, if I might, since Senator Bennet 

so powerfully made the case for Mr. Lane’s confirmation, associate 

myself with his remarks and then add a couple of my own. 

He clearly is eminently qualified to serve as liaison of the Congress. He’s served multiple Senators, including 2 from Colorado, 

over the past 2 decades, as a top aide. He’s—has a deep an understanding of energy issues, which, in particular, is important to the 

Department. 

I enjoyed working with him, found him to be a consummate professional, Mr. Chairman. He’s a straight-shooter. Believe it or not, 

I never found him to really have a political agenda. He always had 

a policy agenda, was motivated by what’s right for the country. 

Then, finally, this position—and I think, Mr. Chairman, you just 

made this case, and as did Senator Bennet—the Assistant Secretary Position should be filled as soon as possible. There is a 
3 

crowded agenda, I would acknowledge, but the Department and the 

Congress would be well served by his speedy confirmation. 

Thank you for holding this important hearing. 

Jeff, look forward to hearing your testimony. 

Senator Bennet, it’s always great to work with you. 

Thank you. 

The CHAIRMAN. All right, very good. 

Senator Bennet, we’ll excuse you. I know you have a busy schedule. 

Let me ask Jeff Lane to please come up to the committee table, 

and just remain standing there, if you would. 

The—under our rules in the committee, we’re required, as to all 

nominees, to have them sworn in connection with their testimony. 

So, if you would please raise your right hand. 

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. LANE. I do. 

The CHAIRMAN. Please be seated. 

Before you begin your statement, I will ask 3 questions that we 

address to each nominee who comes before this committee. 

No. 1, 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. LANE. I will. 

The CHAIRMAN. Question No. 2, 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’ve been nominated 

by the President? 

Mr. LANE. Mr. Chairman, my investments, personal holdings, 

and other interests have been reviewed, both by myself and the appropriate ethics counselors within the Federal Government. I have 

taken appropriate action to avoid any conflicts of interest. There 

are no conflicts of interest, or appearances thereof, to my knowledge. 

The CHAIRMAN. Thank you very much. Question No. 3, Are you 

involved, or do you have any assets that are held, in a blind trust? 

Mr. LANE. No. 

The CHAIRMAN. All right. Our normal practice, at this point, is 

to invite you to introduce any family members that are here that 

you wish to have recognized, and then to have you make your opening statement. 

Mr. LANE. Thank you, Mr. Chairman. 

I’d like to introduce my family: first my wife, Mary Beth 

Buchholz, a proud native of the great State of North Dakota; my 

younger daughter Elizabeth, who is in pre-K, and my daughter 

Julianne, who is in second grade. 

The CHAIRMAN. We welcome all of them and—glad to have them 

here. 

Mr. LANE. Thank you. 

The CHAIRMAN. Why don’t you go ahead with your opening statement. 
4 

STATEMENT OF JEFF LANE, NOMINEE TO BE ASSISTANT SECRETARY OF ENERGY, CONGRESSIONAL AND INTERGOVERNMENTAL AFFAIRS, DEPARTMENT OF ENERGY 

Mr. LANE. Thank you, Mr. Chairman. 

Chairman Bingaman, Ranking Member Murkowski, and distinguished members of the committee, it is an honor and a privilege 

to appear before you today as President Obama’s nominee for Assistant Secretary of Energy for Congressional and Intergovernmental Affairs. I want to thank Secretary Chu for recommending 

me to the President, and thank the committee for holding this 

hearing. 

As you consider my nomination for this position, I hope you will 

take into account my record, my experiences, and my commitment 

of service to the Congress and to the mission of the Department of 

Energy. 

I have spent most of my professional life, almost 16 years, serving in senior staff positions in the U.S. Senate. After a short time 

in private law practice, I began my career here working for 7 years 

as legislative director to my home State Senator, Jim Sasser, of 

Tennessee. Senator Sasser was chairman of the Senate Budget 

Committee and a member of the Senate Appropriations Committee, 

including the Subcommittee on Energy and Water. I had primary 

responsibility for energy and water appropriations issues for Senator Sasser, including those relating to the Oak Ridge National 

Laboratory and the Y–12 National Security Complex at Oak Ridge. 

I also had an opportunity to work in Senate leadership as a senior aide to Senator Tom Daschle, and most recently I served as 

chief of staff to Colorado Senators, Ken Salazar and Michael Bennet. I want to thank Senator Bennet, very much for being here 

today and introducing me. 

Senator Salazar was, of course, a member of this committee. I 

am proud to have had an opportunity to assist him with his energy 

agenda, including his bipartisan work with many of the members 

of this committee on the 2007 energy bill and his efforts to support 

the National Renewable Energy Laboratory in Colorado, which I 

know Senator Udall is a big supporter of, as well. 

Our office, and Senator Udall’s office and others in Colorado, 

worked with NREL to help establish the Colorado Renewable Energy Collaboratory, a partnership between the lab and the State’s 

research universities. 

My experiences in the Congress give me a clear understanding 

of the importance of the position of Assistant Secretary for Congressional and Intergovernmental Affairs. I have great respect for 

this institution, for its members, and for its staff. I know the value 

of prompt attention to your questions and concerns. I appreciate 

the unique issues—the need to consider the unique issues and challenges you face in each of your States. It has always been an important part of my work in the Senate to stay in close communication with State, local, and tribal officials regarding the impact of 

Federal policies. 

If confirmed, I look forward to applying the lessons I have 

learned here to foster an effective working relationship between the 

Department, the Congress, and our intergovernmental partners. 
5 

Thank you again for the time and opportunity to appear before 

you today. I look forward to answering any questions you may 

have. 

The CHAIRMAN. Thank you very much for your statement. 

As I indicated in my opening statement, I strongly support your 

nomination, and Senator Udall, I believe, indicated the same. So, 

did you have questions that you wanted to pose to—— 

Senator UDALL. I don’t, Mr. Chairman, at this time. I think Mr. 

Lane’s—— 

The CHAIRMAN. OK. 

Senator UDALL [continuing]. Record’s self-explanatory, and, as 

you pointed out, we want to confirm him as quickly as possible. I 

know the record will be open, if I do. 

[The prepared statement of Mr. Lane follows:] 

PREPARED STATEMENT OF JEFF LANE, NOMINEE TO BE AN ASSISTANT SECRETARY OF

ENERGY, CONGRESSIONAL AND INTERGOVERNMENTAL AFFAIRS, DEPARTMENT OF EN- ERGY

Chairman Bingaman, Ranking Member Murkowski, and distinguished Members 

of the Committee, it is an honor and a privilege to appear before you today as President Obama’s nominee for Assistant Secretary of Energy for Congressional and 

Intergovernmental Affairs. I want to thank Secretary Chu for recommending me to 

the President and thank the Committee for holding this hearing. 

As you consider my nomination for this position, I hope you will take into account 

my record,my experiences and my commitment of service to the Congress and to the 

important mission ofthe Department of Energy. 

I have spent most of my professional life-almost 16 years-serving in senior staff 

positions in the United States Senate. After a short time in private law practice, 

I began my career hereworking for seven years as legislative director to my home 

state senator, Jim Sasser of Tennessee. Senator Sasser was the chairman of the 

Senate Budget Committee and a member of the Senate Appropriations Subcommittee on Energy and Water. I had primary responsibility for energy and water 

appropriations issues for Senator Sasser, including those relating to the Oak Ridge 

National Laboratory and the Y-12 National Security Complex at Oak Ridge. 

I also had an opportunity to work in Senate Leadership as a senior aide for three 

years to Senator Tom Daschle, and most recently I served as chief of staff to Colorado Senators Ken Salazar and Michael Bennet. Senator Salazar was, of course, a 

member of this committee. I am proud to have had the opportunity to assist him 

with his ambitious energy agenda, including his bipartisan work with many of you 

on the 2007 Energy Bill and his efforts to support the National Renewable Energy 

Laboratory. Our office also worked with NREL to help establish the Colorado Renewable Energy Collaboratory, a partnership between the lab and the 

state’sresearch universities. 

My experiences in the Congress give me a clear understanding of the importance 

of the position of Assistant Secretary for Congressional and Intergovernmental Affairs. I have a great respectfor this institution, for its Members, and for its staff. 

I know the value of prompt attention to your questions and concerns. I appreciate 

the need to consider the unique issues and challengesyou face in each of your states. 

If confirmed, I look forward to applying the lessons I have learned here to foster 

an effective working relationship between the Department, the Congress, and state, 

local and tribalgovernments. 

Thank you again for the time and opportunity to appear before you today, and 

I look forward toanswering your questions. 

The CHAIRMAN. That’s right. We will keep the record open until 

5 o’clock tomorrow to submit any additional questions. Any member who was not able to be here this morning, that wants to submit 

a question, may do so by then. But, we do hope we can report this 

nomination to the full Senate very soon and get action in the full 

Senate on it. 

Mr. LANE. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very much. 
6 

That will conclude our hearing. 

[Whereupon, at 9:42 a.m., the hearing was adjourned.] 
(7) 

APPENDIX 

RESPONSES TO ADDITIONAL QUESTIONS

RESPONSES OF JEFF LANE TO QUESTIONS FROM SENATOR BINGAMAN

STIMULUS IMPLEMENTATION

Question 1. Our committee recently held an oversight hearing to discuss the Department of Energy’s implementation of last year’s stimulus bill (H.R. 1). It appears 

that DOE’s low spendout rate is at least partially the result of poor communication 

between the Department and state and local governments; those same entities have 

also written to DOE to ask for clearer guidelines in a number of areas. As Assistant 

Secretary for Congressional and Intergovernmental Affairs, can you explain how you 

would reach out to and address the concerns raised by state and local agencies, 

whether related to the stimulus or another issue? 

Answer. I believe that communicating effectively with our state, local, and tribal 

partners is critically important to the success of the Department. If confirmed, I 

plan to actively engage individual state, local and tribal entities as well as groups 

such as the NGA, USCM, NASEO, NACO, the National League of Cities, and more. 

My goal would be to establish a dialogue with our intergovernmental partners that 

allows the Department to respond quickly to their questions and concerns and to 

share information proactively with them so that they can take full advantage of the 

opportunities-such asthose made available by the Recovery Act-the Department has 

to offer. 

Question 2. I’m also curious about the Department’s general strategy for keeping 

Congress updated about its progress in implementing the stimulus. After that legislation was signed into law, my staff and I received regular updates from DOE about 

its current and projected spendouts, but now, we mainly just receive press releases 

shortly before they’re publicly distributed. Ifconfirmed as Assistant Secretary, will 

you commit to making sure that the members of this Committee also receive regular, in-depth updates about the status of DOE’s stimulus funds? 

Answer. Yes. If confirmed, I will make it a priority to provide regular updates to 

the Committee on the status of the Department’s implementation of the Recovery 

Act. 

Æ