[Senate Hearing 115-358]
[From the U.S. Government Publishing Office]
S. Hrg. 115-358
NOMINATIONS OF DANIEL J. KANIEWSKI AND JONATHAN H. PITTMAN
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
NOMINATIONS OF DANIEL J. KANIEWSKI TO BE DEPUTY
ADMINISTRATOR FOR PROTECTION AND NATIONAL PREPAREDNESS,
FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S DEPARTMENT OF
HOMELAND SECURITY AND JONATHAN H. PITTMAN TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
__________
SEPTEMBER 12, 2017
Available via the World Wide Web: http://www.fdsys.gov/
Printed for the use of the
Committee on Homeland Security and Governmental Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
28-202 PDF WASHINGTON : 2018
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Margaret E. Daum, Minority Staff Director
Donald K. Sherman, Minority Senior Counsel
Laura W. Kilbride, Chief Clerk
Bonni E. Dinerstein, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Lankford............................................. 1
Senator Heitkamp............................................. 2
Senator Harris............................................... 7
Senator Hassan............................................... 10
Senator Peters............................................... 12
Senator Daines............................................... 18
Prepared statements:
Senator Lankford............................................. 23
Senator Heitkamp............................................. 25
Hon. Eleanor Holmes Norton................................... 26
WITNESSES
Tuesday, September 12, 2017
Daniel J. Kaniewski to be Deputy Administrator for Protection and
National Preparedness, Federal Emergency Management Agency,
U.S. Department of Homeland Security
Testimony.................................................... 4
Prepared statement........................................... 27
Biographical and financial information....................... 29
Letter from the Office of Government Ethics.................. 41
Responses to pre-hearing questions........................... 45
Responses to post-hearing questions.......................... 61
Letters of support........................................... 65
Jonathan H. Pittman to be an Associate Judge, Superior Court of
the District of Columbia
Testimony.................................................... 6
Prepared statement........................................... 78
Biographical and financial information....................... 79
NOMINATIONS OF DANIEL J. KANIEWSKI AND JONATHAN H. PITTMAN
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TUESDAY, SEPTEMBER 12, 2017
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:17 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. James
Lankford presiding.
Present: Senators Johnson, Lankford, Daines, McCaskill,
Carper, Tester, Heitkamp, Peters, Hassan, and Harris.
OPENING STATEMENT OF SENATOR LANKFORD\1\
Senator Lankford. Good morning. I am glad everybody is
here. Today, we will consider the nomination of Daniel
Kaniewski to be Deputy Administrator of the Federal Emergency
Management Agency (FEMA) for Protection and National
Preparedness (PNP) as well as the nomination of Jonathan
Pittman for the position of Associate Judge in the Superior
Court of the District of Columbia.
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\1\ The prepared statement of Senator Lankford appears in the
Appendix on page 23.
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The Committee takes these two nominations very seriously,
rightfully so. We are pleased to have two strong nominees
before us.
The Federal Emergency Management Agency serves our citizens
and first responders by coordinating Federal and
nongovernmental resources to prepare for, protect against,
respond to, and recover from domestic disasters. It is
essential that we have strong leadership in place at FEMA to
fully support our communities in the times of disaster, times
like right now of things that are going on. That is why it
makes it exceptionally important not only that we have all
personal at FEMA in place, but Mr. Kaniewski's position
specifically deals with disaster preparedness, so it is getting
ready for the next disaster that may be coming to us.
Daniel Kaniewski received his undergraduate degree and
Ph.D. from George Washington University, a master's degree from
Georgetown University. Mr. Kaniewski has had an impressive
career in both public and private sector. It makes him well
qualified to serve in this role that he is nominated for at
FEMA. This includes serving as a Special Assistant to the
President for Homeland Security; Senior Director of Response
Policy; Mission Area Director for Resilience for the Homeland
Security Studies and Analysis Institute; Vice President for
Global Resilience for AIR Worldwide, a catastrophic risk
modeling and consulting firm; and as a Commissioner for the
District of Columbia Homeland Security Commission.
I have spoken to Mr. Kaniewski's colleagues and affiliates
who all speak very highly of him. They talk about his
competence, his skill, and his work ethic.
Two former FEMA Administrators with the Obama
Administration and former DHS Secretary Michael Chertoff have
submitted written comments in support of Mr. Kaniewski's
nomination. His nomination is supported by both the National
and International Association for Emergency Managers.\1\
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\1\ Letters of support for Mr. Kaniewski appear in the Appendix on
page 65.
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The Committee is confident Mr. Kaniewski is qualified to be
the Deputy Administrator for National Preparedness, which would
mean for the next disaster, when it happens, we will be
perfectly prepared because you will be in place. No pressure.
[Laughter.]
Mr. Pittman received a bachelor of arts degree from Vassar
College and a law degree from Vanderbilt University. After
graduation, Mr. Pittman clerked for the Honorable John A.
Terry, an Associate Judge on the District of Columbia Court of
Appeals. Following his clerkmanship, Mr. Pittman practiced law
at the firm Crowell & Moring and then later joined the Civil
Litigation Division in the Office of the Attorney General (OAG)
for the District of Columbia, where he currently serves as
Acting Assistant Deputy Attorney General.
Committee staff reached out to numerous colleagues--and I
do mean numerous, Mr. Pittman--and the comments were uniformly
positive, with specific praise given to his decency, his
professional manner, his strong analytical skills, and superb
writing.
Staff interviewed both nominees on an array of issues, and
each has thoughtfully and completely and competently answered
each question.
To date, the Committee has found you to be qualified for
the position you have been nominated. I look forward to
speaking with both of you more today on your experience and
accomplishments, how you intend to bring them to bear for FEMA
and for the District of Columbia.
I now recognize the Ranking Member, Heidi Heitkamp, for
opening statement.
OPENING STATEMENT OF SENATOR HEITKAMP\2\
Senator Heitkamp. Thank you, Chairman Lankford.
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\2\ The prepared statement of Senator Heitkamp appears in the
Appendix on page 25.
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I want to begin by saying that our thoughts and prayers are
with the people of Texas, Florida, the Caribbean, Louisiana,
and elsewhere who are currently recovering from the devastation
caused by Hurricanes Harvey and Irma.
The road to recovery will not be easy, but the good and
brave work that is being done first by our local responders,
everyday citizens as well as the men and women of FEMA, is a
testament, I think, to America's strength and resiliency.
The devastating reminds us of FEMA's critical mission to
save and protect lives and help communities recover, and the
Deputy Administrator for Protection and National Preparedness
position plays a critical role in achieving this goal.
If confirmed, Dr. Kaniewski, you would oversee the Grants
Program, which administers the Federal assistance grants in an
effort to improve emergency preparedness in our country and
national preparedness in our country and national preparedness
directive, which provides doctrine, programs, resources, and
training that is necessary to prevent, protect against,
mitigate, respond to, and recover from disasters.
I appreciate the expertise you bring from the public,
private, and academic sectors, and the high regard that the
emergency management establishment holds for you and your
understanding of the importance of engaging a diverse group of
stakeholders on FEMA's initiatives and fostering relationships,
most importantly, with State and local partners.
I look forward to learning more about your qualifications
and your desire to serve.
We also have the privilege today of considering a nominee
for the Superior Court of the District of Columbia. Jonathan
Pittman currently serves as Assistant Deputy Attorney General
for the District of Columbia and heads up the Civil Litigation
Division. As Assistant Deputy, Mr. Pittman oversees the day-to-
day operations of the division to develop strategy and court
documents for significant cases, advises D.C. officials,
manages the division's staff and attorneys, and prepares post-
litigation reports and appellate material.
Mr. Pittman, we truly do appreciate your willingness and
interest in serving as a judge, and we look forward to learning
more about your qualifications.
We also want to acknowledge a special guest, and obviously,
I am speaking to your incredible qualifications. The Chief
Judge Robert Morin is here with us, Chief Judge of the Superior
Court. I know how incredibly busy that court is, and it speaks
volumes to us here on this side of the dais that you are
willing to take time out of your schedule to support this
candidate.
I think collegiality on the courts among the judges is so
critical to making sure that the best and brightest continue to
participate, so thank you, Chief Judge, for joining us.
So I want to thank both of the nominees for their
willingness to serve the citizens of this great country, and I
look forward to your testimony.
Thank you, Mr. Chairman.
Senator Lankford. It is the custom of this Committee to
swear in all witnesses that appear before us, so if you would
both please stand and raise your right hand. Do you swear the
testimony you are about to give before this Committee will be
the truth, the whole truth, and nothing but the truth, so help
you, God?
Mr. Kaniewski. I do.
Mr. Pittman. I do.
Senator Lankford. Thank you. You may be seated.
Let the record reflect that both witnesses have answered in
the affirmative.
Mr. Kaniewski, we are going to begin with you for opening
statements. We would be honored if you would also introduce any
family or guests that you brought with you today as a part of
your opening statement and be glad to be able to receive that
statement now.
TESTIMONY OF DANIEL J. KANIEWSKI,\1\ NOMINATED TO BE DEPUTY
ADMINISTRATOR FOR PROTECTION AND NATIONAL PREPAREDNESS, FEDERAL
EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HOMELAND
SECURITY
Mr. Kaniewski. Chairman Lankford, Chairman Johnson, Ranking
Member Heitkamp, thank you for having me here today.
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\1\ The prepared statement of Mr. Kaniewski appears in the Appendix
on page 27.
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I am Daniel Kaniewski, and I am delighted to appear before
you regarding my nomination as Deputy Administrator for
Protection and National Preparedness at the Federal Emergency
Management Agency.
Before I begin, I would like to acknowledge those impacted
by Hurricanes Harvey and Irma. Our prayers go out to those who
have suffered, and I would also like to acknowledge those
Federal, State, and local responders who have been working
tirelessly, in many cases, for back-to-back disasters,
including those dedicated staff at FEMA who, if confirmed, I
hope to join and support.
My father, Wayne, and my brother, Bob, are seated behind me
here today. My mother is away and watching online. Hello, Mom.
I would also like to thank President Trump, former Secretary
John Kelly, and Acting Secretary Elaine Duke for supporting my
nomination for this position.
I have spent my entire career in homeland security and
emergency management, and I would like to take this opportunity
to briefly describe my qualifications for this position.
As I sit here today, I vividly remember the morning of 9/
11, where from the press gallery atop the United States
Capitol, I watched with disbelief the smoke rising from the
Pentagon. Later, we would learn that we were in the bull's-eye
for the 9/11 hijackers.
I also think back to August 2005 when, shortly after I had
joined the White House, Hurricane Katrina roared ashore. There,
I witnessed firsthand the failed response to that disaster and
subsequently became co-author for the Federal report ``The
Federal Response to Hurricane Katrina: Lessons Learned'' and
oversaw the implementation of those lessons over my 3 years
there. Both of these experiences reaffirmed my belief that this
is the field that I would dedicate my career.
It is, thus, an honor to be here today and answer your
questions for this critically important role at an agency that
has shaped my professional development.
For the past 20 years, I have focused on efforts to better
prepare governments and citizens for natural and manmade
disasters. I began my career as a firefighter paramedic in
1996. In that role, I learned firsthand the need for preparing
for major incidents, and I subsequently earned a degree in
emergency medical services, became certified as a paramedic,
and engaged on these policy issues with several governmental
and non-governmental organizations.
As Special Assistant to the President for Homeland Security
and Senior Director for Response Policy in the George W. Bush
Administration, I advised the President and senior White House
staff during domestic incidents and coordinated interagency
emergency management policies. I oversaw the disaster
declaration process for over 200 Presidentially declared
disasters.
I have also analyzed emergency management polices at think
tanks and in academia. At George Washington University, I was
an assistant vice president for homeland security and deputy
director of the Homeland Security Policy Institute. In that
capacity, I contributed to contemporary homeland security and
emergency management policy through publications and media
appearances and task forces.
I also taught emergency management at George Washington
University and national security courses at the Georgetown
University School of Foreign Service.
I closely supported FEMA for 3 years as Mission Area
Director for Resilience and Emergency Preparedness and Response
at a federally funded research and development center
supporting the Department of Homeland Security. There, I was
the senior executive responsible for emergency management,
infrastructure protection and resilience, and cybersecurity.
I currently lead the resilience practice at a catastrophe
risk modeling and consulting firm, AIR Worldwide. My practice
identifies and quantifies risks to populations and
infrastructure, evaluates mitigation strategies, informs
disaster finance programs, all with a goal of making society
more resilient for disasters.
In addition to my full-time employment, I have also held
relevant pro bono positions. I recently completed a 4-year term
as part of the D.C. Homeland Security Commission, where I
advised the city on homeland security and emergency management
policies. I am also a cyber fellow at the Center for Cyber and
Homeland Security, where I contribute to homeland security and
emergency management topics.
In conclusion, thank you for your consideration of my
nomination . If confirmed, I will work tirelessly to help
prepare governments, communities, and individuals for man-made
and natural disasters. Leading FEMA's preparedness programs
would be the culmination of many experiences in my career in
homeland security and emergency management, and I can think of
no higher honor than serving the American people, FEMA, and its
stakeholders to enhance the Nation's preparedness for
disasters.
Thank you.
Senator Lankford. Thank you.
Mr. Pittman, also be honored if you would introduce any
family or guests that you may have and then also receive your
opening statement.
TESTIMONY OF JONATHAN H. PITTMAN,\1\ NOMINATED TO BE AN
ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Pittman. Thank you, Mr. Chairman. My parents are
sitting behind me, as are many friends and relatives, so I
acknowledge them.
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\1\ The prepared statement of Mr. Pittman appears in the Appendix
on page 78.
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Mr. Chairman and Members of the Committee, I am deeply
grateful to you for the opportunity to appear before you as you
consider my nomination to be an Associate Judge of the Superior
Court of the District of Columbia. It is a great honor and very
humbling to be recommended for this position.
I would like to thank the Judicial Nomination Commission
and its Chair, Judge Emmet Sullivan, who is here today, for
recommending me to the White House, and I would like to thank
the President for nominating me.
I also would like to thank Congresswoman Norton, who,
although she could not attend today, submitted a statement\2\
on my behalf.
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\2\ The letter from Congresswoman Norton appears in the Appendix on
page 26.
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Finally, I would like to express my sincere thanks and
appreciation to this Committee, Members, and your staff for
their hard work and for considering my nomination so carefully
and expeditiously.
I would also like to acknowledge and thank my wife, Wendy
Smith, who is sitting behind me, for her encouragement in my
pursuing public service and for her unwavering support. Without
her love and support, I would not be sitting here today.
I also thank my parents, Fred and Joan Pittman, who are
here today from South Carolina, for their guidance and support
during my entire life. They taught me to work hard, strive for
excellence, and always treat everyone with dignity and respect.
I would also like to acknowledge my stepson, Spencer Smith,
who has taken time away from his preparation for the Law School
Admissions Test to travel here today from Massachusetts, and my
daughters, Anna Kate and Louisa, both of whom are in school
today.
Finally, I would like to acknowledge the many friends and
colleagues who have mentored and supported me throughout my
career, and I appreciate that many of them are here today.
I moved to the District of Columbia 27 years ago, after
graduating from Vanderbilt Law School, to begin my law career
as a law clerk to the Honorable John A. Terry of the District
of Columbia Court of Appeals.
I then joined Crowell & Moring, a large law firm here in
the District, where I worked with and learned from some of the
finest lawyers in the country. During my more than 20 years in
private practice handling complex civil litigation, I appeared
before excellent trial and appellate court judges all over the
country, and I am thankful for that experience.
Since 2012, I have had the honor and privilege of serving
the citizens of the District of Columbia under two Attorneys
General for the District, first under Mr. Irvin Nathan and more
recently under Mr. Karl Racine, who is also here today.
I have served as a section chief in the Civil Litigation
Division, which defends the District of Columbia and its
employees in civil litigation in the Superior Court as well as
in the United States Court for the District of Columbia.
More recently, I have served as the Assistant Deputy
Attorney General for the Civil Litigation Division, where I
assist the Deputy Attorney General in managing the operation of
the division.
My deep respect for the rule of law began with my clerkship
with Judge Terry and continues to this day. My experience with
Judge Terry and the many judges I have appeared before over the
years has given me an appreciation of the skill, dedication,
and patience that is required to be a successful judge.
If I am fortunate enough to be confirmed, I will commit to
treating all parties with dignity and respect, to ensuring that
all parties have an opportunity to present their case, and to
making thoughtful and timely decisions.
Thank you again for considering my nomination, and I look
forward to answering any questions that you have.
Senator Lankford. Thank you. Thanks to both of you and your
families that are here.
There are three questions that we ask all nominees. I am
going to ask all three of these questions to you, and then
myself and the Ranking Member are going to defer to some of the
other Members to be able to ask questions first after that.
So let me give you three quick questions. I will ask one
question and then ask both of you to be able to answer it, yes
or no.
First question. Is there anything that you are aware of in
your background that might present a conflict of interest with
the duties of the office to which you have been nominated? Mr.
Kaniewski.
Mr. Kaniewski. No.
Senator Lankford. Mr. Pittman.
Mr. Pittman. No.
Senator Lankford. Do you know of anything personal or
otherwise that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated? Mr. Kaniewski.
Mr. Kaniewski. No.
Senator Lankford. Mr. Pittman.
Mr. Pittman. No.
Senator Lankford. Do you agree, without reservation, to
comply with any request or summons to appear and testify before
any duly constituted committee of Congress if you are
confirmed? Mr. Kaniewski.
Mr. Kaniewski. Yes.
Senator Lankford. Mr. Pittman.
Mr. Pittman. Yes.
Senator Lankford. Thank you.
I would now recognize Senator Harris for opening questions.
OPENING STATEMENT OF SENATOR HARRIS
Senator Harris. Thank you.
Mr. Kaniewski, I want to talk with you about something that
most of the West Coast States are experiencing right now, which
is our States are burning. I have had this conversation with
Senator Tester, have had this conversation with my colleagues
from Washington State, Oregon, and Montana.
In California, in particular, wildfires are posing a great
risk to our State. There are a currently nine major wildfires
in California that are burning, and together, they have burned
already more than 250,000 acres.
When we look at it--that is in addition to more than 6,400
fires that have flared up in California from January through
Labor Day alone, which is more than all of 2016 in terms of
what we experienced. So California and other western States
have come to expect this, and it seems that every wildfire
season has been more destructive than the last.
To what do you attribute this change?
Mr. Kaniewski. So, first, let me acknowledge that as a
former firefighter----
Senator Harris. Yes.
Mr. Kaniewski [continuing]. I truly do understand the
threat of wildfire and the need to prepare for these types of
events.
I do not know that I can attribute exactly what is
happening now. I can certainly acknowledge that this appears to
be a historic fire season, and that there are a number of
efforts that, in my mind, could be undertaken. And it is not
clear to me if the Federal Government is currently doing those.
Should I be confirmed, I would, of course, be very
interested to learn how FEMA is working with other Federal
partners, such as the Department of Agriculture (USDA) and
Department of Interior (DOI), on fire.
Speaking personally, fire is clearly a priority for me.
Senator Harris. Yes.
Mr. Kaniewski. And whether it be back from my fire service
time or more recently understanding the wildland-urban
interface, for example, I think there are some critical issues
that we need to dive into.
Senator Harris. Yes.
Mr. Kaniewski. And I commit to you that should I be
confirmed, those will be a priority for me.
Senator Harris. And thank you, and I appreciate that.
My brother-in-law is a firefighter, and I appreciate your
service and the sacrifice in doing that work.
Tell me, what is your thought about a deforestation as an
element of the issue?
Mr. Kaniewski. Sure. So deforestation, I am sure is a
contributing factor. It is not something that I have studied in
depth.
My focus at FEMA would be to develop preparedness programs
and make sure those preparedness programs are effectively
delivered based on stakeholder needs, so make sure that they
are tailored to needs of individual locations. It could be
State and local communities, for example, or particular areas
that are hard hit by wildfires.
If confirmed, we at FEMA need to make sure we are
supporting your local responders in those firefighting efforts.
Senator Harris. I appreciate that, and that is important to
California. And I look forward to working with you to help make
that a possibility of working with local firefighters.
And then, Mr. Pittman, thank you for your service so far.
Tell me something. I know that Washington, D.C., has
instituted bail reform and has at least replaced or given
greater emphasis to risk assessment than to an accused's
ability to pay, to be released from jail pending trial. What
are your thoughts about that as a model for the country?
Mr. Pittman. As you may know, I do not really practice in
the criminal area, so my knowledge in this subject matter is
limited. But my sense is that it is a very good idea. I know
the Superior Court has done away, essentially, with bail, as I
understand it, and as someone from the outside looking in, it
seems to be working. So I would, I think, encourage other
States and jurisdictions to look into that.
Senator Harris. And to the point of what your career has
been thus far, how do you imagine you are going to make the
transition into a system that will involve a high volume of
cases every day, litigants coming in often without attorneys
and mostly without attorneys? What do you imagine to be the
challenges for that new position?
Mr. Pittman. Managing the caseloads.
To the extent I am put on a division of the court that is
not an area where I have practiced substantively, I believe
that there would be a learning curve, as there is with any new
judge.
We manage a very significant caseload in the Civil
Litigation Division, as it is, and so I am familiar with fast-
moving large caseloads.
Pro se litigants, we deal with pro se litigants as
opponents as opposed to litigants appearing before us, but I am
also used to that as well.
Senator Harris. And can you tell me what in your
experiences will prepare you for those types of disputes?
Because the vast majority of the cases you will hear, if
confirmed, involve low-income D.C. residents, their domestic
violence cases, landlord-tenant cases, things of that nature,
and again, they will not be represented by counsel. How do you
propose to get to know this population that will be before you,
if you do not already?
Mr. Pittman. Well, I have some experience with the
population at least in the Civil Division to the extent they
sue the District of Columbia. We have a lot of pro se litigants
who do that.
I think, as any judge, you need to learn the law in the
area, to the extent you do not know it, and the most critical
thing for any judge is to learn to gather the facts quickly, to
make sure the litigants before you both provide you with the
facts you need but critically understand the process.
I would not, if I was confirmed, ever want somebody to come
into my courtroom and leave without knowing exactly what
happened, why I ruled the way I did, and so, as I manage a
large caseload today, I need to learn how to gather the
critical facts in those cases and get to the facts that are
necessary for providing advice or decisions to the line
attorneys. So I think that experience would be very helpful.
Senator Harris. Right. And I will acknowledge that I think
you mentioned earlier that Attorney General of the District of
Columbia is in the audience, Karl Racine, who speaks highly of
you.
Thank you.
Mr. Pittman. Thank you, Senator.
Senator Lankford. Senator Hassan.
OPENING STATEMENT OF SENATOR HASSAN
Senator Hassan. Thank you, and thank you to the nominees
for being here, and congratulations on your nominations.
Mr. Kaniewski, I just wanted to start with you. Obviously,
the timing of this hearing on your nomination is not a
coincidence. Your services are going to be needed in order to
help the survivors of Hurricanes Harvey and Irma, so I hope we
can get you on the job as soon as possible.
And while emergency response is a critical part of helping
save the lives of those affected by hurricanes as powerful as
the ones we have just seen, we have to continue also to work on
prevention and mitigation efforts, so we can reduce the impact
of future natural disasters on our infrastructure and on our
people.
As Governor of New Hampshire, I often found myself dealing
with some flooded territories in our State, year after year.
They would flood; we would cleanup. They would flood again; we
would cleanup again. And Federal support only came in the
aftermath of these crises, leaving it to our State to address
the up-front investments in infrastructure that would help to
mitigate the extreme effects of these disasters.
So, consequently, we took steps to launch a hazard
mitigation initiative in New Hampshire that would help us
inventory our most at-risk locations during natural disasters
and then help us to develop a way to target our limited
resources more effectively.
From my experience, our Federal programs may not be
properly incentivizing our States to make the necessary
investments in our infrastructure that would help us mitigate
the long-term consequences of a disaster, and unfortunately,
the President's Budget Request for Fiscal Year (FY) 2018
dramatically cuts funding for pre-disaster mitigation.
So can you talk to me about your approach to pre-disaster
mitigation investments and whether you support a Federal role
for incentivizing these kind of investments?
Mr. Kaniewski. Thank you, Senator.
First, congratulations on making, it sounds like, a
concerted effort on risk assessment for flood and coming up
with mitigation plans.
Senator Hassan. Yes.
Mr. Kaniewski. Your community should be applauded for that.
Second, my role, if confirmed, at FEMA would be the
Preparedness Division, which focuses on planning, training,
exercises, equipment to help those State and local officials do
their job to prepare for future disasters.
The thrust of your question is actually more relevant to
the Federal Insurance and Mitigation Administration, which is
outside of what would be my authority, should I be confirmed.
But let me answer the question, even though that is----
Senator Hassan. Yes.
Mr. Kaniewski [continuing]. That is not going to be my
responsibility, per se. Let me say that, one, I am a huge
advocate of mitigation.
Senator Hassan. Yep.
Mr. Kaniewski. I believe that we as a government need to do
a better job of assessing risks and quantifying those risks and
having those informed mitigation programs and risk transfer
programs. I can tell you that that is what I have done for the
past year in the private sector, and I see a lot of value in
what the insurance industry does to that end.
And my goal, if confirmed, would be to bring some of those
best practices into FEMA, make sure that FEMA understands how
the private sector, such as the insurance industry, assesses
risk, quantifies risk, mitigates risk, and transfers that risk
as appropriate.
Senator Hassan. Thank you.
And I would encourage you, too, just to avoid siloed
thinking because I think we do better understanding that there
is a division of responsibility here, but obviously, in your
role, you could have a lot to do in terms of looking at pre-
disaster mitigation policy at the Federal level. And we would
appreciate it very much.
Mr. Pittman, I often just start when I am talking with
somebody about their desire to be a judge with asking the
question: What brought you into the law, and why do you want to
be a judge?
Mr. Pittman. I was always interested in the law. I did not
really know a whole lot about it. I think nobody does until
they go to law school.
I began my legal career in the Court of Appeals, but I
started that clerkship really my first year of law school when
I was invited to interview with Judge Terry. And I saw an oral
argument in the D.C. Court of Appeals, and it brought to life
that which I had been learning. And that is where it started.
As I have practiced over the years, I have seen the
influence and the importance of having good judges. I have had
the good fortune to appear before many good judges. As a judge,
you have the potential to have a huge impact on people's lives,
and the ability to do that and do it well and ensure that
people have as positive outcomes as they can when they are
involved in the judicial system is something I have always
wanted to do.
Senator Hassan. Great. Thank you.
I wanted to give you a chance to speak about something that
you disclosed on your biographical questionnaire for the
Committee. You disclosed that a paralegal who had previously
worked in the Civil Litigation Division under your leadership
filed a claim with the D.C. Office of Human Rights against the
AG's office for racial discrimination and failure to
accommodate a disability.
You also disclosed an incident involving this employee
where the employee claims that you threatened him and called
the police.
I know that my staff and other staff members dug into this
a bit and heard your side of things and found it quite
compelling, so I just would like to give you the opportunity
publicly to address those complaints.
Mr. Pittman. Sure. And just to be clear, I did not call the
police. This was a staff member. I was giving him his annual
review. Portions of it were not satisfactory, and I did say
that. He disputed that and was not happy about it.
We had a somewhat heated conversation. I left, and the next
thing I knew, he had called the police to claim that I had
threatened him. The police quickly determined that there was
nothing there.
He later filed a complaint alleging that he had not been
promoted because of racial discrimination. I can tell you that
the Office of the Attorney General does not discriminate on the
basis of race or anything else. I can tell you that the Office
of the Attorney General investigated this up to the level of
the Attorney General himself and found there to be no merit to
the claim.
I do not think I can add any more to the record, other than
to say it is a meritless claim.
Senator Hassan. Thank you very much for that, and thank you
both for your willingness to serve.
Mr. Pittman. Thank you.
Senator Lankford. Senator Peters.
OPENING STATEMENT OF SENATOR PETERS
Senator Peters. Thank you, Mr. Chairman, and to our
nominees, it is good to have you here before us.
I would like to say at the onset, as I know a number of my
colleagues have also expressed their concerns, about there are
two hurricanes that have hit us and the tremendous damage that
has been occurred, and certainly, our thoughts and prayers are
with all those that have been impacted.
And that means, Dr. Kaniewski, your testimony here today is
even more important, given the fact that you will be working
closely with something that is under my jurisdiction as well as
the Ranking Member of the FEMA subcommittee, and if confirmed,
I will look forward to having an opportunity to work very
closely with you as we review FEMA's operations as well as
their performance with these two hurricanes, which so far from
what I have heard have been getting good reviews. But it always
is an opportunity for us to look for best practices and ways
that we can make their performance even better. It seems as if
we may see more large events occurring in the future based on
climate change, and we need to be prepared for those
contingencies.
So let me start, though, asking you questions, Dr.
Kaniewski, first about some legislation that I introduced with
Senator Collins. It is the Firefighters Retention Act of 2017,
which would allow fire departments to use Staffing for Adequate
Fire and Emergency Response (SAFER) grants to transition part-
time firefighters into full-time positions. I should say it
surprised me that under SAFER grants, you could not bring a
part-time firefighter who is fully trained into full-time
status.
As a former firefighter yourself, I am sure you appreciate
the training that our paid-on-call and part-time firefighters
go through. So this legislation saves money and allows fire
departments to have the flexibility necessary to bring those
trained professionals into their permanent force.
It has passed the Senate, both the Committee and now the
full Senate, and I just want to get a sense of your thoughts in
terms of grants and the ability to have some flexibility when
it comes to spending the FEMA grants, both in this particular
case with part-time firefighters, but more broadly, what sort
of reforms do you think we should be looking at?
Mr. Kaniewski. Well, first, Senator, thank you for the
information about your legislation. I was not aware of the
details, and I am pleased to see that you are taking leadership
on this issue because I, too, believe that firefighters and
first responders writ large deserve the support of our Federal
Government. And, if confirmed, in my future rule, it would be
to oversee some of these grant programs that you mentioned.
Two of them are, I know, very important to the
firefighters. One is the Assistance to Firefighters Grant
Program, and the second is the one you mentioned, the SAFER
Act.
I am very proud to say that in the late 1990s when I was
working on the Hill, I played a role in supporting the Members
of Congress who introduced that legislation creating the fire
grant program. So this is something I am very passionate about,
and it is something that I would expect, if confirmed, to take
a leadership role on.
On your second point, I can say that quite confidently that
the two grant programs are really a cornerstone for the grant
programs that we offer at FEMA. Many of the grant programs are
quite broad. The State Homeland Security Grant Program and the
Urban Area Security Grant Program, I think it is a good thing
that we have grants specifically tailored to the firefighters
to address some of the concerns that you have personally
raised.
So, one, thank you for introducing that legislation. I
cannot comment specifically on it, only because I am not
familiar with it at the moment, but I commit to you that if
confirmed, I will certainly do a deep dive and work with your
staff to understand how that might be applied at FEMA.
Senator Peters. Right. Well, I appreciate that.
I also appreciate having some time with you in my office
prior to today's hearing to do a deeper dive into a variety of
issues, and as I mentioned in our meeting together, that I was
particularly disappointed that Michigan did not receive a major
disaster declaration for the water crisis that occurred in
Flint, Michigan, because the disaster was not the result of a
natural catastrophe, the result of fire, flood, explosion. It
was a man-made tragedy, although as you and I spoke about--and
I think you agree--that to a child who is suffering from the
effects of the strategy in Flint, they did not care it was man-
made or natural. It was a tragedy and a catastrophe, plain and
simple, that we need to deal with.
And as we also discussed, what we saw in Flint may be a
precursor for what will happen in other cities in the future,
and we need to be prepared for that and think about that.
And so since you will be overseeing FEMA's grant programs,
do you have some specific ideas for training programs that
would help State and local governments be prepared for this
kind of man-made disaster that is absolutely catastrophic to
the citizens of those communities?
Mr. Kaniewski. Well, first, thank you for giving me that
deeper understanding of the crisis that Flint faced with
respect to the lead in the water. That is clearly concerning to
anybody in emergency management that you would have people
suffering from potential consequences of that. Like you said,
it could be a man-made or natural disaster. Emergency managers
need to be prepared for that.
And I credit your State's emergency manager, Chris
Kelenske, who I have seen brief this matter at a number of
constituency conferences, and I appreciate the leadership that
he has played personally on that for the State of Michigan.
To your broader point, I honestly believe that there are
lessons from that incident that Michigan faced that could be
applied more broadly. Whether it be understanding the logistics
chain for supporting communities that do not have drinkable
water or, two, the underlying issues with respect to
infrastructure and other longer-term challenges that are
outside the scope of my current position, should I be confirmed
for it, I would say that we need to be linked at the hip on
that, and I certainly would make sure that FEMA leadership is
aware of my concerns and my ideas about how I think we could
take some of those best practices from Michigan and apply them
more broadly to other communities to make sure that they are
prepared for future events, whether they be man-made or natural
in origin.
Senator Peters. Well, if confirmed, I look forward to
spending quite a bit of time with you and perhaps before our
Subcommittee as well discussing this issue and others, so thank
you for your answers today.
Thank you, Mr. Chairman.
Senator Lankford. Thank you. Senator Heitkamp.
Senator Heitkamp. Thank you, Mr. Chairman.
First off, we have had a little bit of a dispute here in
the Committee and with some of the arguments that the
Department of Justice (DOJ) is making in terms of obligations
that nominees have to respond to questions from Congress,
regardless of source, and so, Dr. Kaniewski, if you were asked
in your policy questionnaire whether you would commit to
responding to any reasonable request for information from the
Ranking Member of this Committee or any other committee or any
other Member of Congress--and I want to reiterate your
response--I want you to reiterate your response here just for
the record.
Mr. Kaniewski. Of course. Yes, I would respond to any
inquiry from this Committee.
Senator Heitkamp. Regardless of political party, regardless
of who submitted the inquiry, correct?
Mr. Kaniewski. Correct.
Senator Heitkamp. One of the great challenges that we have
had over the years has been kind of this morphing, I think, of
preparedness, where you do not really even see lines of
demarcation between the Federal Government and State and local
government, and it has been a good thing, in my opinion, but
now we are looking at budget requests, which would really see a
retraction of Federal support, probably still with Federal
oversight, but a retraction of Federal fiscal support.
I am obviously very concerned about the President's budget,
the Administration's budget. Can you tell me whether you would
continue the level of commitment, financial commitment, that
the Federal Government has engaged in and advocate for that
level of commitment kind of going forward or whether you
believe that the Administration's budget is adequate to
basically continue to play that seamless role that the Federal
Government now has?
Mr. Kaniewski. So while I was not involved in the fiscal
year budget discussions, I am aware of the overall proposed
cuts.
What I would like to do, if confirmed, is better understand
the rationale behind those cuts and what plans FEMA has in
place to address that.
Certainly, in many circumstances in life, certainly in
government, there are budget constraints, and I can only pledge
to you that if I face a budget constraint, if confirmed, I will
make sure that FEMA does everything they possibly can with
those dollars, understanding as well that I will have an
opportunity, I would hope, to voice my support for something I
have been very open about during my career, which is that
Federal grants have had a positive impact on State and local
preparedness since 9/11, and that we are better prepared today
than we were then because of those grants. So just know that
you will have a voice in those future budget discussions and,
frankly, in every discussion I have about grants and about the
need to support State and local responders moving forward.
Senator Heitkamp. I could not agree with you more. When we
had the Grand Forks flood, I recall vividly taking off the
shelf the flood preparedness plan, which had collected about
that much dust, and realizing it was no longer relevant, but
because we did not have an ongoing and concerted effort to deal
with flood mitigation and flood response, that left us
scrambling.
And I think that with FEMA's involvement since that 1997
event and then going into 9/11 and going into now what we see,
these catastrophic hurricanes, Katrina--now we have Harvey and
Irma--it is hardly a time to retract preparedness.
And it is remarkable when you think about two Category 4s
and hopefully, we will not see any more loss of life. But when
you compare it to what would have happened in the 1960s, it is
pretty dramatic.
And I know in your response to Senator Hassan, you said,
look, that is not my jurisdiction, but I will tell you that in
every event like this, preparedness begins in evaluating, as
you did with 9/11, what went wrong, how could we prevent that.
And one of the things that, again, we are going to have a
conversation on is resiliency of infrastructure, and so I hope
that your response to her on, not my line is limited to what
you can just say about the job that you are applying for.
We certainly expect that you will participate in a broader
discussion about how we can build greater resiliency among the
infrastructure and really at every level, whether it is
residential construction or whether it is infrastructure
construction.
Mr. Kaniewski. Yes, ma'am.
And to clarify, my response was regarding flooding and
mitigation, which are a focus of a different FEMA division.
But, absolutely, I am very passionate about building resiliency
in communities and understanding the risks they face and
building appropriate preparedness programs to help those State
and local officials deal with those risks they face. So you can
count on me on voicing those concerns.
Senator Heitkamp. After the flood, I was Attorney General
(AG) in North Dakota. I had an opportunity to talk to the
Attorney General in Florida, who told me of the shoddy
construction in the rush to rebuild, the rush to recovery, and
I think it is really critically important that we all work
together to make sure that people who are doing flood recovery
are--that is the beginning of the step of the next resiliency
step in preparedness. So I do not see those as lines of
demarcation, and I am glad to hear you really do not either.
Mr. Kaniewski. I agree with you.
Senator Heitkamp. OK.
Mr. Pittman, again, thank you for your willingness to
serve, and thank you to your parents who are here with you and
your beautiful wife and all your friends. I think it speaks
volumes that you have collected so many great people in your
life moving forward.
Unfortunately, many of the people that you will serve
sitting on the bench have not had that level of fortune--I
think we are all lucky in terms of who our parents are.
What do you think is the single life experience that you
have had that has prepared you to sit in the District of
Columbia on the bench serving the people of the District of
Columbia?
Mr. Pittman. I do not think it can be a singular life
experience. I think it is the many years of practice in many
areas and seeing what happens, seeing litigants in need.
I think the case that probably--and I think I disclosed
this in my questionnaire. The cases that probably had the most
impact on me were the unjust imprisonment cases, where the
Civil Litigation Division had to deal with cases under our
local statute, where five men who had been wrongfully convicted
and served years in jail for crimes that it, ultimately, was
proved they did not commit. That probably had the single most
personal impact on me, on understanding how we really do have
to get this right--judges, prosecutors, defense attorneys.
Senator Heitkamp. OK. Thank you.
Senator Lankford. Thank you to both of you. I have several
questions. We have had the opportunity to be able to visit
extensively in my office and go through a lot of these things.
I just want to be able to do some additional questions and
statements.
And, Mr. Pittman, to your stepson, if he does not do well
in getting into law school, it is all on you today, the timing
of that. [Laughter.]
So you may want to spend some extra time.
Mr. Pittman, as a nominee, there is this great struggle
between looking at the emotion of a case in front of you, look
at the facts of the case, and look at the law, and all of those
weigh into how you actually balance that out.
Give me either an example of how you will try to derive
decisions when you sit as the judge at that point and be able
to balance out opinion, facts, law.
Mr. Pittman. I think opinion probably is something you do
not want to influence your decision. You look at what the law
is that is applicable to the case in front of you, and you
determine the facts. And you apply those facts to the law. I
think that is the most critical function of a judge.
Senator Lankford. As you balance out criminal issues in the
District--you have talked a lot about the civil issues.
Mr. Pittman. Right.
Senator Lankford. Obviously, you have worked mostly on
civil issues in the past.
Mr. Pittman. Right.
Senator Lankford. As you look at criminal issues in the
District, where is the area that you think from the bench you
can be the greatest help in these issues?
Mr. Pittman. I think moving the cases along expeditiously
is part of it, ensuring fair trials. Certainly, felony trials
in the District of Columbia are almost exclusively tried by
juries rather than by the judge, so the judge is not the fact
finder. But moving the case along is probably the most
important thing you can do, but ensuring that the trial is
fair.
Senator Lankford. Yes. Just the speed to be able to get to
trial is one of the biggest issues we face as a Nation, period.
How many delays--you and I spoke about this in my office. The
delays of actually getting to the point of decision is a
frustrating thing for everyone, and sometimes attorneys are not
well prepared, and so they ask for delays. But the people that
need the justice are right behind them, and they need a judge
that is going to help them move the case along as they go
through that. So I appreciate both of those.
Dr. Kaniewski, Mayor Buckhorn from Tampa has become famous
this past week, not for just leading a great city that he
leads, but for his statement to the media that, ``We are about
to get punched in the face.'' But people do not forget the rest
of that statement. He stepped up and made the statement, ``We
have done all that we can to prepare, but we are about to get
punched in the face, and then everything changes at that
point.''
Your role is really to help people get prepared for that
moment, but disaster comes, it gets harder at that point.
So my question for you is very specific. How do you help
local communities and States and very qualified emergency
management folks in each State deal with a sense of urgency
when the storm is not coming right now, but if they prepare
right now, it will make a difference when it comes? So help me
in your role of how you are going to help them with processing
urgency to prepare.
Mr. Kaniewski. Senator, I think it is important, one, that
we sensitize the American public. That just because we may not
have had catastrophic disasters maybe for the past decade does
not mean they cannot happen.
Some of the language that we use in emergency management is
very confusing. We talk about a 1-in-100 year flood event.
Well, we have had a number of those this year or even 1-in-500
year events. Why would anybody buy flood insurance if you are
told when you buy the house, ``Oh, you are outside the flood
zone, and the chances of you having a problem are minimal,'' 1
in 100 years, 1 in 500, whatever.
The reality is that that statement does not reflect the
risk that they face. The reality is that there is a chance that
a homeowner could lose their home due to flooding, and by not
taking appropriate actions, whether it be to prepare
themselves, their family, their home, or to take appropriate
actions, like buying flood insurance, is putting them in a very
vulnerable situation.
The second kind of part of your question was related to how
do we make sure that in a real-time event that people remember
those messages, and people cannot buy flood insurance as the
hurricane is coming ashore, the 30-day waiting period. These
are decisions they would have had to make months in advance.
But, again, we get to sensitizing the American public that
the risk is real, that they need to take preparedness actions,
and so when they hear those messages, when they hear these
officials give these dire warnings, that, one, they take them
seriously, and two, that they have a plan in place. They know
what they are going to do. They know where they are going to
evacuate their family.
That is easier said than done. I get that, but from my
perspective and, if confirmed, in the role, should I assume it,
would be to be an advocate, to make sure that we help
communities understand those messages, and two, we help State
and local officials understand how to deliver those messages.
Senator Lankford. You were co-author of the report after
Hurricane Katrina, helping FEMA be able to evaluate what were
the lessons learned. If I recall, there are 125 recommendations
that came out of that. Your doctoral work was going back to be
able to take a look at that as well.
In the preparedness lane, in that lane alone--and I know
there are lots of other areas--of that 125 lessons learned from
Hurricane Katrina, what is undone?
Mr. Kaniewski. Well, I think there is always more to be
done on preparedness. It is one of those things you can never
prepare too much.
Senator Lankford. Right.
Mr. Kaniewski. Right? So from my perspective, as a citizen,
I would like to see both the messaging that we just discussed
as well as real tangible actions that we as citizens can take
when--to prepare ourselves before that disaster strikes, and I
am not sure we have that right now.
Again, I commit to you that, if confirmed, I will certainly
go and take a deep dive on initiatives that FEMA has done on
preparedness, such as ready.gov, but I think that there is more
we can do. And that is me as a citizen saying that. I think
that there is more that we can do to help citizens understand
how to better prepare for these disasters.
Senator Lankford. OK. I have a couple more questions, but I
am going to defer to Senator Daines, so you will be able to
step in and ask questions. Senator Daines, you are recognized.
OPENING STATEMENT OF SENATOR DAINES
Senator Daines. Thank you, Mr. Chairman.
Dr. Kaniewski and Mr. Pittman, thank you for your
testimony, your willingness to serve. The positions you have
been nominated for are critical to our Nation's ability to
adequately prepare for disasters and ensuring that Washington,
D.C., residents have access to swift as well as accurate
justice.
Dr. Kaniewski, my home State of Montana has been devastated
by wildfires this summer. Certainly, as you watch the national
media, it is fixated on Hurricanes Harvey and Irma and
understandably so. Up in the Northern Rockies, we have had a
fire season that is one for the record books. We are in full-
crisis mode. In fact, we could go 20 of the top 30 fires in the
Nation were in the State of Montana.
Over 700,000 acres are currently burning as we sit here
today. We have had over 1 million acres scorched--that is
equivalent to the size of Delaware--this summer.
The magnitude of these fires coupled with State budgeting
challenges have nearly exhausted all of our firefighting
assets. I have been fighting for Montana, speaking of fighting,
to get the resources needed first to stop the fires.
We hope for a season-ending event. That means big
rainstorm, snow in the high country, but we have had a weather
pattern and a drought that has not been seen for, in some
cases, over 100 years in parts of Montana.
But we can do more to prevent these wildfires, to prevent
the magnitude and severity of them. We will never eliminate
them, but we can do work to try to minimize the disastrous
impact that they have. And instead of allowing these natural
resources just to burn, we should be managing our forests,
harvesting timber, creating jobs.
Dr. Kaniewski, your career began as a firefighter. You have
front-line experience. As the FEMA Deputy Administration for
Protection and National Preparedness, you will have a key
preemptive role in developing resiliency to these natural
disasters, should you be confirmed.
How will you help localities mitigate the risk of wildfires
as well as local fire departments when these disasters do
strike?
Mr. Kaniewski. So I know that this is something that is not
only close to my heart, but also to those representing the fire
service in the audience today. So I would like to acknowledge
their presence and say that I fully intend to give voice to the
firefighters at FEMA. To the extent that they have not had a
voice in the Preparedness Division, they have one now.
I look forward to working closely with the United States
Fire Administrator, who is also a FEMA official, as well as
officials from the Department of Agriculture and Department of
Interior, who have the lead on responding to wildfires at the
Federal level.
As you correctly noted, my position is to focus on the
preparedness aspect of all risks, including wildfires. I am
proud to say that I was part of the conception of the
Assistance to Firefights Grant Program in the late 1990s and am
an advocate, as a firefighter, for those kinds of programs,
including any of the grant programs that could be applicable to
fire fighters.
I will say that there are certainly challenges, as I
understand it. Again, as someone, as a private citizen watching
the wildfires out West in Montana burning, clearly, there are
many challenges beyond the scope of what I can accomplish. But
I commit to you that when it comes to preparing for these types
of events, you will have no bigger advocate in FEMA to prepare
for risks that individual communities and States face--and in
the case of Montana, it sounds like it is wildfires--I will be
there.
Senator Daines. And your background as a firefighter is
much appreciated.
Tragically, two firefighters have lost their lives this
summer on the front lines in Montana.
You brought up the issue of preparedness. As I mentioned
earlier, our whole country is very aware of the devastating
that hurricanes inflict. The victims of Hurricane Harvey, the
victims of Hurricane Irma are fresh in our minds and our
prayers.
The front page of Ready.gov has preparedness tips for
hurricanes and flooding, but I have noted it is lacking in fire
preparedness. And you brought up this issue of preparedness. So
I think we have an opportunity.
Forest fires do impact families virtually in all of our
States. As Deputy Administrator, how will you update Ready.gov
or undertake other efforts to increase national awareness of
the threat of fire?
Mr. Kaniewski. Sir, it sounds like, if confirmed, I will
have some quick actions to take upon coming aboard.
As I said, I certainly acknowledge that wildfires are a
risk that we need to be preparing our communities for, and to
me, based on how you describe it, it sounds like an oversight
that should be addressed. So, if confirmed, I promise to look
into that and make sure that wildfire is among the risks that
FEMA help State and local governments as well as individuals in
communities prepare for.
Senator Daines. Thank you.
Mr. Pittman, the role of law is to establish certainty for
those to whom it applies, to provide a structure within which
to interact, do business, build families, pursue life. Do you
believe that it is the role of the judge to define what law is?
Mr. Pittman. No, Senator. The law, as a judge, is either
set forth by the legislature--as a trial court judge or the
Court of Appeals, the role of the judge is to take the law and
apply that to the facts of the case that are before the judge.
Senator Daines. So building on that--and thank you--how do
you intend to ensure that you faithfully apply the law as the
drafters of that law intended?
Mr. Pittman. Either read the law--to the extent it is a law
where there is a body of case law by a court that you are
responsible to, like the Court of Appeals, you read the
relevant cases, and you follow that.
Senator Daines. And what impact, if any, should shifts in
public opinion or social norms have on your determination as a
potential judge on the application of the law?
Mr. Pittman. To the extent those shifts show up and change
the law, then you follow the law, but absent legislative change
or changes in binding judicial authority, public opinion has no
role in the judge's decision.
Senator Daines. Thank you, Mr. Pittman.
Thank you, Mr. Chairman.
Senator Lankford. Thank you.
A couple of other quick questions for Mr. Kaniewski.
We have talked before about the role of FEMA and the
partnership they have with State and local governments, so I am
going to give you two quick questions on that.
One of them is FEMA Administrator Brock Long, he called on
local officials to be more self-sufficient. That is the
wonderful balance that we face, is the more the Federal
Government reaches in and helps, the more the States and local
says, ``Great. This is overwhelming us. You take it,'' but the
whole system collapses if the Federal Government and FEMA takes
it because especially preparedness is really a local issue, to
be able to drive it. So help me understand somewhat your
perspective on balancing, locally managing this, having self-
sufficiency, as Brock Long mentioned, or the Federal role of
what you are going to try to take on.
Mr. Kaniewski. So I agree with you that there is this
inherent tension between the role of Federal, State, and local
governments on potentially any issue that we would want to
consider beyond just emergency management.
In the emergency management realm, something is very clear,
which is that the Federal Government is there to support, not
supplant, local and State efforts.
Of course, in the response phase, the Federal Government
needs to be forward leaning in helping in any way possible, in
fact, being proactive in offering that assistance to State and
local authorities.
On the preparedness side, we need to be equally proactive.
We need to make sure that FEMA is providing tailored training,
exercises, equipment, planning, et cetera, any type of
preparedness activity that might help those local officials, so
that they can do their job. They can best understand the risks
they face. They can best articulate those risks to the Federal
Government in cases where they are seeking Federal funding,
because from my view, we want to make sure that State and local
governments best understand their risks, both for their own
benefit and for their own action as well as to understand where
they need help, and so they can best describe their risks.
Senator Lankford. But disaster preparedness is ultimately a
State and local responsibility more than it is a Federal?
Mr. Kaniewski. The Federal Government, just like responses
there to support their activities.
Senator Lankford. So one of the questions--again, you and I
talked about this in my office, and that is, FEMA's reputation
as being a check writer or assisting in disaster relief, and
some people view FEMA as a place that after disaster, they
write checks and they hand out money, or some people see them
as the people that actually carry out the task on this.
Help me understand your perspective on the role of FEMA as
a ``check writer'' in the area of disaster preparedness. Is it
advice, counsel, strategy, or is it writing checks?
Mr. Kaniewski. So I will be very honest with you. There are
times in FEMA's history where it was viewed as the Federal
Government's ATM.
I am very proud to say that it is not viewed that way
anymore and certainly not from the emergency management
community, and that has a lot to do with Hurricane Katrina, the
lessons learned, some of which we discussed here today, as well
as the actions of this Committee.
So this Committee authored the Post-Katrina Emergency
Management Reform Act, which was passed and became law in 2006.
That really empowered FEMA with many authorities that it lacked
prior to Hurricane Katrina, and more importantly than the law,
frankly, is it empowered the workforce. The workforce sees
their job today as one of supporting those State and local
authorities with everything they have, and there is, hopefully,
nothing limiting their efforts today to support those current
disasters and future disasters we will face.
So, one, I wanted to acknowledge the Committee's actions on
this to empower FEMA to take it past how it may have been
viewed historically to today, where it is viewed as a very
capable response organization for these hurricanes as well as
an agency that is going to be there for State and local
governments to help them prepare for the next one.
Senator Lankford. Any final statements from either one of
you that you would like to be able to make to this group?
Mr. Pittman. None for me. thank you, Senator.
Senator Lankford. OK.
Mr. Kaniewski. No, thank you.
Senator Lankford. OK. The nominees have made financial
disclosures and provided responses to biographical and
preparing questions submitted by the Committee.\1\ Without
objection, this information will be made a part of the hearing
record,\2\ with the exception of the financial data, which are
on file and available for public inspection of the Committee
offices alone.
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\1\ The information of Mr. Kaniewski appears in the Appendix on
page 29.
\2\ The information of Mr. Pittman appears in the Appendix on page
79.
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The hearing record will remain open until noon tomorrow,
September 13th, for the submission of questions and statements
for the record. If Members wish to receive responses to their
questions from Mr. Kaniewski prior to the Committee vote
tomorrow, they must submit questions for the record by 5 p.m.
today, so hustle.
And we already have assurances from you and from the folks
at FEMA that we will get rapid responses to any additional
questions that we may ask, because there is a pending business
meeting tomorrow that is already scheduled to be able to deal
with your nomination at that point.
Gentlemen, thank you both. Thank your families for being
here and being a part of this process. We will consider this
part of the process that is a long process moving forward to
the next phase.
With that, the hearing is adjourned.
[Whereupon, at 11:21 a.m., the Committee was adjourned.]
A P P E N D I X
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