[Senate Hearing 117-413]
[From the U.S. Government Publishing Office]




                                                        S. Hrg. 117-413

                     NOMINATIONS OF ERIK A. HOOKS,
                        HON. MICHAEL KUBAYANDA,
               LAUREL A. BLATCHFORD, HON. EBONY M. SCOTT,
                         AND DONALD W. TUNNAGE

=======================================================================

                                HEARING

                               before the

                              COMMITTEE ON
               HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS


        NOMINATION OF ERIK A. HOOKS TO BE DEPUTY ADMINISTRATOR,
        FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF
           HOMELAND SECURITY, HON. MICHAEL KUBAYANDA TO BE A
              COMMISSIONER, POSTAL REGULATORY COMMISSION,
        LAUREL A. BLATCHFORD TO BE CONTROLLER, OFFICE OF FEDERAL
         FINANCIAL MANAGEMENT, OFFICE OF MANAGEMENT AND BUDGET,
   HON. EBONY M. SCOTT AND DONALD W. TUNNAGE TO BE ASSOCIATE JUDGES, 
               SUPERIOR COURT OF THE DISTRICT OF COLUMBIA



                             FIRST SESSION

                               __________

                           NOVEMBER 18, 2021
                               __________



        Available via the World Wide Web: http://www.govinfo.gov

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48-436 PDF                WASHINGTON : 2022











        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman

THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
                      Claudine J. Brenner, Counsel
                    Kikta Khani, Research Assistant
                Pamela Thiessen, Minority Staff Director
    Andrew Dockham, Minority Chief Counsel and Deputy Staff Director
Amanda H. Neely, Minority Director of Governmental Affairs and General 
                                Counsel
                    Allen L. Huang, Minority Counsel
     Clyde E. Hicks, Jr., Minority Senior Professional Staff Member
 Renee T. Sheehy, Minority U.S. Postal Service Office of the Inspector 
                            General Detailee
                     Laura W. Kilbride, Chief Clerk
                     Thomas J. Spino, Hearing Clerk










                            C O N T E N T S

                                 ------                                
Opening statements:
                                                                   Page
    Senator Peters...............................................     1
    Senator Portman..............................................     2
    Senator Carper...............................................    18
    Senator Hassan...............................................    20
    Senator Scott................................................    23
    Senator Padilla..............................................    25
    Senator Ossoff...............................................    28
    Senator Hawley...............................................    30
    Senator Rosen................................................    32
Prepared statements:
    Senator Peters...............................................    37
    Senator Portman..............................................    38

                               WITNESSES
                      Thursday, November 18, 2021

Hon. Eleanor Holmes Norton, a Delegate in Congress from the 
  District of Columbia...........................................     9
Erik A. Hooks to be Deputy Administrator, Federal Emergency 
  Management Agency, U.S. Department of Homeland Security
    Testimony....................................................     4
    Prepared statement...........................................    40
    Biographical and professional information....................    43
    Letter from U.S. Office of Government Ethics.................    66
    Responses to pre-hearing questions...........................    70
    Responses to post-hearing questions..........................    97
Hon. Michael Kubayanda to be Commissioner, Postal Regulatory 
  Commission
    Testimony....................................................     6
    Prepared statement...........................................   102
    Biographical and professional information....................   106
    Letter from U.S. Office of Government Ethics.................   126
    Responses to pre-hearing questions...........................   129
    Responses to post-hearing questions..........................   159
Laural A. Blatchford to be Controller, Office of Federal 
  Financial Management, Office of Management and Budget
    Testimony....................................................     8
    Prepared statement...........................................   175
    Biographical and professional information....................   177
    Letter from U.S. Office of Government Ethics.................   199
    Responses to pre-hearing questions...........................   205
    Responses to post-hearing questions..........................   219
    Letter of support............................................   223
Donald W. Tunnage to be an Associate Judge, Superior Court of the 
  District of Columbia
    Testimony....................................................    10
    Prepared statement...........................................   224
    Biographical and professional information....................   225
    Responses to post-hearing questions..........................   244
Hon. Ebony M. Scott to be an Associate Judge, Superior Court of 
  the District of Columbia
    Testimony....................................................    11
    Prepared statement...........................................   247
    Biographical and professional information....................   249
    Responses to post-hearing questions..........................   269

                                APPENDIX

Washington Post Article..........................................   272






 
                     NOMINATIONS OF ERIK A. HOOKS,
                        HON. MICHAEL KUBAYANDA,
                         LAUREL A. BLATCHFORD,
              HON. EBONY M. SCOTT, AND DONNALD W. TUNNAGE

                              ----------                              


                      THURSDAY, NOVEMBER 18, 2021

                                     U.S. Senate,  
                           Committee on Homeland Security  
                                  and Governmental Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:15 a.m., via 
Webex and in room SD-342, Dirksen Senate Office Building, Hon. 
Gary Peters, Chairman of the Committee, presiding.
    Present: Senators Peters, Carper, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Portman, Johnson, Scott, and Hawley.

            OPENING STATEMENT OF CHAIRMAN PETERS\1\

    Chairman Peters. The Committee will come to order.
---------------------------------------------------------------------------
    \1\ The prepared statement of Senator Peters appear in the Appendix 
on page 37.
---------------------------------------------------------------------------
    Today, we are considering five nominations: Erik Hooks, to 
be Deputy Administrator of the Federal Emergency Management 
Agency (FEMA); Michael Kubayanda, to serve a second term as a 
Commissioner on the Postal Regulatory Commission (PRC); Laurel 
Blatchford, to be Controller of the Office of Federal Financial 
Management (OFFM), within the Office of Management and Budget 
(OMB); and Ebony Scott and Donald Tunnage who are both joining 
us remotely, to be Associate Judges on the Superior Court for 
the District of Columbia.
    Welcome to each of you and to your friends and family 
members joining us here today. Congratulations on your 
nominations, and thank you for all of your previous service and 
for your willingness to take on these very important new roles. 
These are all very different positions, but each is critically 
important to the Federal Government and to our nation's 
capital.
    I am pleased that we are considering highly qualified 
nominees for each of these roles, and in particular, for 
several roles that have been vacant for far too long. FEMA has 
been without a Senate-confirmed Deputy Administrator for nearly 
2 years, and OMB has not had a Senate-confirmed Controller in 
almost 5 years.
    Additionally, the D.C. Superior Court is struggling with 
high vacancy levels. There are currently 14 Associate Judge 
vacancies on the court, and I am glad we have two nominees to 
the Superior Court here today, and I hope to see several other 
seats filled shortly.
    Thank you again for your willingness to serve and for being 
with us today. I look forward to hearing from each of the 
nominees.
    I recognize Ranking Member Portman for his opening 
comments.

            OPENING STATEMENT OF SENATOR PORTMAN\1\

    Senator Portman. Thank you, Mr. Chairman, and I want to 
commend the nominees for stepping up to serve the public, both 
in the Federal Government and the D.C. Government.
---------------------------------------------------------------------------
    \1\ The prepared statement of Senator Portman appears in the 
Appendix on page 38.
---------------------------------------------------------------------------
    Mr. Hooks, you come to us with more than 30 years of public 
service in law enforcement and public safety in North Carolina. 
I think your firsthand experience working with FEMA, which is 
the leading emergency management, Federal level, but also doing 
that at the State level is critical background for someone 
tapped to help lead the agency.
    I am sure you saw that in the latest legislation, the 
infrastructure legislation, there is a $1 billion funding for 
the Building Resilient Infrastructure and Communities (BRIC) 
program. I think this is a good program, and I think it will 
make your job a lot different, and ultimately will help the 
taxpayer and certainly citizens who live in areas that are 
prone to natural disaster, because it lets you mitigate 
disasters before they strike. If confirmed, it is my hope that 
you will use your State experience to ensure that BRIC is used 
in a strategic way, for exactly those purposes, to target those 
regions with the highest vulnerabilities to disasters.
    Commissioner Kubayanda, the Postal Regulatory Commission is 
a small but mighty group, I think 75 people, but it plays a 
very important role in promoting transparency and 
accountability in the postal system. We rely on it, including 
examining the Postal Service's financial data, monitoring its 
service performance, and ensuring they follow the law when 
setting prices. Over the past 2 years, as you know, the 
importance of the Postal Service to the nation's supply chain 
has stood out, and the Postal Service faces, obviously, a 
difficult situation as First-Class Mail, which has 
traditionally sustained the institution, has continued to 
decline. So it is a time of change.
    I know this is your second nomination to the Postal 
Regulatory Commission. You have already served as a 
Commissioner for nearly 3 years and the Chairman since last 
January. I look forward to hearing your thoughts on the 
nation's postal system, as well as its challenges, and what you 
are looking forward to for the future.
    Ms. Blatchford, I enjoyed our conversation over the 
telephone. As you know, I think this is an incredibly important 
position, the Controller in the Office of Federal Financial 
Management, OMB. I think it is one of the most important 
positions in the Federal Government, as the Federal Government 
addresses the significant economic and other issues that face 
our country. As a former OMB director, I was very reliant on 
the person in this position, and I understand it is important 
to our Federal Government's proper functioning.
    It is so important that Congress actually placed specific 
qualifications on the position, and it is established in the 
U.S. Code under 31 U.S.C. Section 504, the Controller is 
required to possess a ``demonstrated ability and practical 
experience in accounting, financial management, and financial 
systems; and extensive practical experience in financial 
management in large governmental or business entities.''
    I look forward to discussing how you meet these 
requirements for the position of Controller, and if you are 
confirmed, I look forward to working with you on improving 
transparency in the Federal Government's and better access for 
all taxpayers to the accountability that comes from more 
information.
    To Judge Scott and Mr. Tunnage, thank you for being here 
today as the Committee considers their nominations to be 
associate judges on the D.C. Superior Court. Both of you have 
spent essentially your entire careers in public service, as I 
see, and I appreciate your willingness to serve as judges on 
the D.C. court.
    Congress has a unique relationship with the D.C. justice 
system, as outlined in the Home Rule Act. As you know, there 
are important issues facing D.C., including rising crime, that 
all of us are aware of. There have been significantly more 
homicides, assaults, and armed robberies this year than there 
were at the same time last year, as an example. It is one 
reason we need impartial and qualified judges on the D.C. 
Superior Court to ensure timely justice for all parties. I look 
forward to discussing this and other issues with Judge Scott 
and Mr. Tunnage.
    Thank you, Mr. Chairman.
    Chairman Peters. Thank you, Ranking Member Portman.
    It is the practice of this Committee to swear in witnesses, 
so if each of our witnesses will stand, including our witnesses 
that are joining us via Zoom, would rise and raise your right 
hands.
    Do you swear that the testimony that you will give before 
this Committee will be the truth, the whole truth, and nothing 
but the truth, so help you, God?
    Mr. Hooks. I do.
    Mr. Kubayanda. I do.
    Ms. Blatchford. I do.
    Judge Scott. I do.
    Mr. Tunnage. I do.
    Chairman Peters. You may be seated.
    Our first nominee is Erik Hooks, nominated to be Deputy 
Administrator of FEMA. Mr. Hooks has more than 30 years of 
public safety experience, including serving as Secretary of 
Public Safety and Homeland Security Advisor (HSA) for the State 
of North Carolina.
    As Secretary, Mr. Hooks led North Carolina's largest 
department, which includes the State's Emergency Management 
Agency, Office of Recovery and Resilience, the North Carolina 
National Guard, and several law enforcement agencies.
    Prior to his tenure as Secretary, Mr. Hooks served for 28 
years in North Carolina's State Bureau of Investigation (SBI), 
where he held several leadership roles, including Assistant 
Director of the Professional Standards Division and head of the 
Threat Assessment and State Asset Investigations Unit.
    Welcome, Mr. Hooks. You may proceed with your opening 
remarks.

   TESTIMONY OF ERIK A. HOOKS\1\ TO BE DEPUTY ADMINISTRATOR, 
    FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF 
                       HOMELAND SECURITY

    Mr. Hooks. Good morning, Chairman Peters, Ranking Member 
Portman, and distinguished Members of the Committee. My name is 
Erik A. Hooks, and it is a privilege to appear before you today 
as the President's nominee to the position of Deputy 
Administrator for FEMA. I am honored to have been nominated by 
President Biden for this important emergency management 
leadership role.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Hooks appear in the Appendix on 
page 40.
---------------------------------------------------------------------------
    I am humbled by the opportunity to appear before this 
Committee and thank you for considering my nomination. If 
confirmed, I look forward to working with Secretary Mayorkas, 
Administrator Criswell, and the entire team at FEMA and the 
Department of Homeland Security (DHS) on building a more 
resilient and prepared nation.
    I would like to thank my wife of almost 30 years, Muriel, 
and our son, Brandon, who have sacrificed along with me in my 
deep commitment to public service and a career in public 
safety.
    I would also like to acknowledge the committed men and 
women of FEMA, our military, Federal, State, and local 
emergency management and public safety partners, who work 
tirelessly to protect and lead recovery efforts from multiple 
hazards across our great nation. If confirmed, it would be my 
sincere privilege to again work alongside these resolute public 
safety professionals.
    I spent over 30 years serving the State of North Carolina, 
first as a Special Agent and a senior leader with the State 
Bureau of Investigation for over 27 years. Then in January 
2017, the Governor of North Carolina appointed me to serve as 
the Secretary of Public Safety and Homeland Security Advisor 
for North Carolina. Over the last 4 years in that role, I led 
North Carolina's disaster mitigation, response and recovery 
efforts as the State navigated an increasing number of natural 
disasters.
    I had the privilege to lead approximately 27,000 sworn and 
civilian public safety professionals as well as approximately 
12,000 National Guard soldiers and airmen. I provided cabinet-
level leadership to the North Carolina Division of Emergency 
Management and its Homeland Security Section, the North 
Carolina National Guard, the North Carolina Office of Recovery 
and Resilience (NCORR), the North Carolina State Highway 
Patrol, the North Carolina Alcohol Law Enforcement Division, 
the North Carolina State Capitol Police, the Division of Adult 
Correction and Juvenile Justice, the Governor's Crime 
Commission, and support divisions within the Department of 
Public Safety.
    I was ultimately responsible for leadership coordination of 
homeland security and emergency management functions to provide 
comprehensive and coordinated preparedness, mitigation, 
prevention, protection, response and recovery for emergencies, 
disasters, and acts or threats of terrorism.
    As the leader of North Carolina's State Administrative 
Agency for Homeland Security Grant Funds, I administered 
Federal funds to State, local and Tribal entities across North 
Carolina. I also chaired the North Carolina State Emergency 
Response Commission and through a talented team of 
professionals, coordinated law enforcement counterterrorism 
prevention, preparedness and response training on a statewide 
basis, resulting in a cohesive team response by both law 
enforcement and emergency first responders to acts of terrorism 
or a terrorist threat.
    I recently served on the Executive Committee of the 
National Governors Homeland Security Advisors Council, and I am 
a member of the International Association of Chiefs of Police 
(IACP).
    Today we face a multitude of challenges which must be 
successfully navigated through a proactive and collaborative 
effort to ensure FEMA can deliver needed critical services to 
the Nation. During my tenure as the North Carolina Secretary of 
Public Safety we responded to numerous disasters, including a 
number of State-declared disasters as well as Presidentially 
declared disasters. My public service experience prepares me 
for the position of FEMA Deputy Administrator.
    I believe for us to create and maintain a true culture of 
prevention, protection, and preparedness, we must work 
collaboratively, across all levels of government and segments 
of society, to ready our nation for the many hazards we face 
and to ensure our nation's resiliency from catastrophic events 
is at the highest level possible.
    If confirmed, it would be my honor to serve our nation by 
helping all communities reduce the risks associated with future 
disasters, while assisting disaster survivors across the 
country. I am committed to work tirelessly and with a deep 
sense of purpose to ready the Nation for catastrophic 
disasters, build a culture of preparedness, and reduce the 
complexity of FEMA.
    With your consent, I would be honored to serve the American 
people. Thank you for your time and attention concerning my 
nomination and I look forward to answering any questions you 
may have.
    Chairman Peters. Thank you, Mr. Hooks, for your opening 
comments.
    Our next nominee is Michael Kubayanda, who is nominated to 
serve a second term as a Commissioner on the Postal Regulatory 
Commission. Mr. Kubayanda has served on the Commission since 
January 2019, after being unanimously confirmed by the Senate. 
He served as the Commission's Vice Chairman from August 2019 
through the end of 2020, and has served as Chairman since 
January 2021.
    Prior to joining the Commission, Mr. Kubayanda has served 
as a board member and privacy officer for the digital health 
startup, and before that he held multiple roles with the U.S. 
Postal Service Office (USPS) of Inspector General (IG), 
including overseeing research on technical issues and postal 
economics, and serving as Director of Government Relations.
    Welcome, Mr. Kubayanda. You may proceed with your opening 
comments.

    TESTIMONY OF THE HONORABLE MICHAEL KUBAYANDA\1\ TO BE A 
           COMMISSIONER, POSTAL REGULATORY COMMISSION

    Mr. Kubayanda. Good morning, Chairman Peters, Ranking 
Member Portman, and Members of the Committee. Thank you for 
inviting me to testify regarding my nomination to the Postal 
Regulatory Commission. I have been honored to serve as a 
Commissioner since January 2019, and as Chairman since January 
2021, a period in which the postal system has undergone 
significant changes.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Kubayanda appears in the Appendix 
on page 102.
---------------------------------------------------------------------------
    The Postal Service has served its mission of binding the 
Nation together during the COVID-19 pandemic. Postal workers 
kept Americans connected, allowed businesses to reach their 
customers, enabled citizens to safely receive supplies, and 
helped carry out elections. On the other hand, customers 
reported woeful performance in some areas, and the quantitative 
evidence confirmed this.
    During this difficult period, the Commission has carried 
out its mission of providing transparency and accountability. 
The Commission produced two Annual Compliance Determinations on 
time during the pandemic, overseeing service and financial 
compliance. We have also issued major rulemakings on a 
bipartisan basis, including the 10-year review of the 
ratemaking system, and updates to our rules on accounting and 
cost allocation.
    In addition, we have increased the Commission's focus on 
customer experience (CX) by probing the Postal Service's 
performance against CX metrics, including those adopted from 
the private sector.
    Over the years, the Commission has mastered the annual 
compliance cycle established under 1970 and 2006 legislation. 
While these tools are proven, they may not be entirely adequate 
for our present situation and the speed of commerce today. For 
example, the high-profile service problems in the 2020 holiday 
season occurred in fiscal year (FY) 2021. They will be 
addressed in the 2021 annual compliance determination, but that 
will not be out until March 2022. So that is 15 to 16 months 
after the problems originally occurred.
    The Commission is capable of providing transparency through 
more relevant and timely analyses. Working with my colleagues, 
I am doing everything in my power, and within the Commission's 
authority, to make sure we provide them.
    Our traditional tools for providing accountability and 
transparency must be updated with a data-centric, customer-
centric, and citizen-centric approach. This modernization is 
guided by bipartisan legislation approved by this Committee and 
the needs of the moment. It is also modeled on the success of 
other parts of the government such as the Postal Service's 
Office of Inspector General (OIG).
    The Commission is currently implementing the OPEN 
Government Data Act. Pursuant to this law, the Commission will 
soon hire its first Chief Data Officer (CDO) and establish a 
Data Governance Board to make data available to the public in 
machine readable formats and manage data as a strategic asset 
to the Nation. The Commission is also reorganizing its staff to 
launch a small data analytics group to examine the postal 
network, address bottlenecks, and conduct specialized studies 
of postal costs. This team will build on our prior work 
identifying pinch points in the postal network through the 
Commission.
    Pending internal approvals, the Commission is also working 
on new data visualization approaches, such as a beta version of 
a service performance dashboard on our website. Dashboards can 
provide more understandable and timely insights into service 
performance, and eventually financial performance as well. The 
proposed beta dashboard is the result of work performed in-
house by our enterprising staff with no additional investment.
    These are modest steps on a small scale but they are 
necessary in modernizing postal regulation.
    To support this approach, the Commission has expanded its 
technological capabilities. We have hired information 
technology (IT) and cybersecurity experts and are moving to 
cloud computing to support security and long-term cost savings. 
The Commission has also applied to the Technology Modernization 
Fund (TMF) to bolster these efforts.
    Strategic use of data and technology can update the 
Commission's traditional mission of transparency and 
accountability. It allows the Commission to benefit from 
better-informed inputs from a broad range of stakeholders and 
provides discipline and focus for the exercise of our core 
responsibilities.
    Through this data-centric, customer-centric, and citizen-
centric approach, I hope the Commission can contribute to a 
virtuous cycle, continue to make this corner of the government 
more responsive, and adapt postal regulation to improve 
services to American citizens and businesses. I hope to return 
to the Commission to help it execute on this approach.
    Thank you for considering my nomination and I look forward 
to answering your questions.
    Chairman Peters. Mr. Kubayanda, thank you for your opening 
remarks.
    Our next nominee is Laurel Blatchford, nominated to be 
Controller of the office of Federal Financial Management within 
the Office of Management and Budget. Ms. Blatchford has over 20 
years of nonprofit and government leadership experience, 
including servicing as the Chief of Staff of the Department of 
Housing and Urban Development (HUD) and Executive Director of 
the Hurricane Sandy Task Force, where she guided the 
implementation of disaster resilience funding across New York 
and New Jersey.
    She is currently a Managing Director at Blue Meridian 
Partners, a nonprofit and philanthropic organization that 
invests in economic and social mobility nationwide. Prior to 
joining Blue Meridian, she served as President of Enterprise 
Community Partners, a national nonprofit focused on affordable 
housing and community development.
    Welcome, Ms. Blatchford. You may proceed with your opening 
remarks.

 TESTIMONY OF LAUREL BLATCHFORD\1\ TO BE CONTROLLER, OFFICE OF 
 FEDERAL FINANCIAL MANAGEMENT, OFFICE OF MANAGEMENT AND BUDGET

    Ms. Blatchford. Thank you. Chairman Peters, Ranking Member 
Portman and Members of the Committee, thank you for the 
opportunity to appear before you today as President Biden's 
nominee for Controller, Office of Federal Financial Management, 
in the Office of Management and Budget. I am deeply humbled to 
have been nominated for this important role and would be 
honored to have the chance to serve the American people, if 
confirmed.
---------------------------------------------------------------------------
    \1\ The prepared statement of Ms. Blatchford appears in the 
Appendix on page 175.
---------------------------------------------------------------------------
    I want to thank my husband of 21 years, Bernie Kluger, and 
our two children for their love and support. I know he and they 
are watching alongside many friends, family members, and 
colleagues. Thank you all for your love and support.
    I sit before you today because I am, at heart, a public 
servant. This calling comes directly from my parents. My 
father, Edward Blatchford, was an accomplished teacher and 
school administrator whose leadership and vision impacted the 
lives of many kids and their families. My mother, Claire, is 
also an educator and community leader who has shared the 
challenges and blessings of her own lived experience as a deaf 
woman to help others in countless ways. Their lives of purpose 
and service have had incredible impact on those around them, 
and I am deeply grateful for their example.
    I started my own public service career as a young paralegal 
in the Manhattan District Attorney's Office, investigating 
organized crime. Since then, my path has taken me from working 
on a wide range of projects in the New York City Mayor's 
office, for Mayor Michael Bloomberg, to a leadership role in 
the largest local affordable housing and community development 
agency locally in the country, to then serving as Chief of 
Staff at the United States Department of Housing and Urban 
Development and as Executive Director of the Hurricane Sandy 
Task force, to continued service in the nonprofit world, where 
I served as President of Enterprise Community Partners. Along 
the way, I have had the honor of working on a wide range of 
issues including 9/11 recovery, our ongoing housing crisis, the 
many management challenges facing HUD, and recovery from 
natural disasters including Hurricane Katrina, Superstorm 
Sandy, and more recent storms and wildfires.
    Across these different roles, one clear lesson has shone 
through: no matter how brilliant the idea, or how much money we 
were able to invest, the success of every project I have ever 
been involved with has depended on how the work is done. I have 
seen time and time again that strong implementation--with 
transparency, with efficiency, with consistency, and with 
strong partnerships--is essential to success, especially in the 
public sector. Great ideas without great execution are not 
enough.
    If confirmed as Controller, I would bring my track record 
of delivering results to the unique and unprecedented 
challenges and opportunities we are facing right now as a 
country. Just as I have done before, I am eager to serve and 
bring my energies and capabilities to ensuring that the Federal 
Government works more effectively and efficiently for the 
American people, and specifically that our considerable 
financial resources and investments are deployed, tracked, and 
spent as well as possible.
    I would be especially excited to serve alongside the 
talented and hardworking career and political staff at the 
Office of Management and Budget, some of whom I had the 
privilege of working with and knowing during my prior Federal 
service. If confirmed, I would be honored to join this team, to 
lead OFFM, and to work closely with leaders across the Federal 
family and with Congress to ensure that we accomplish our 
shared goals.
    Thank you for the chance to appear before you today, and I 
look forward to your questions.
    Chairman Peters. Thank you. Next we will have a video from 
Congresswoman Eleanor Holmes Norton to introduce our final two 
nominees, Ebony Scott and Donald Tunnage, who are both 
nominated to be Associate Judges on the Superior Court for the 
District of Columbia.

  OPENING STATEMENT OF THE HONORABLE ELEANOR HOLMES NORTON, A 
    REPRESENTATIVE IN CONGRESS FROM THE DISTRICT OF COLUMBIA

    Ms. Holmes Norton. Chairman Peters and Ranking Member 
Portman, I appreciate the opportunity to introduce Ebony Scott 
and Donald Tunnage to be Associate judges on the Superior Court 
of the District of Columbia. Both bring the experience and 
credentials to be excellent judges.
    Ms. Scott currently serves as a magistrate judge on the 
D.C. Superior Court, having been appointed in January 2020. 
Prior to being a magistrate judge, Ms. Scott served as the 
Deputy Director of the D.C. Mayor's Office of Legal Counsel 
(OLC). In that position, she provided legal advice to the mayor 
and the D.C. agencies. Prior to that work, Ms. Scott was a 
general counsel of the D.C. Office of Human Rights, where she 
oversaw the day-to-day operations of the Legal Division. Ms. 
Scott has also served as Assistant Attorney General (AAG) and 
Acting Section Chief in the Office of the D.C. Attorney 
General's Housing and Community Justice Section.
    Prior to her public service work, Ms. Scott worked in 
private practice for almost 5 years, as a civil litigator, and 
served as a law clerk for the D.C. Court of Appeals. She has 
also served as an Adjunct Professor of Law at the American 
University College of Law. Ms. Scott is a graduate of the 
American University Washington College of Law and University of 
Rochester.
    I am also pleased to introduce Donald Tunnage to be an 
Associate Judge on the D.C. Superior Court. Mr. Tunnage is a 
career attorney in the Civil Rights Division of the United 
States Department of Justice (DOJ). In this position, Mr. 
Tunnage has spent two decades enforcing such important civil 
rights laws as the Fair Housing Act and the Civil Rights Act. 
Mr. Tunnage has received special achievement awards and is a 
three-time recipient of special commendation for outstanding 
performance.
    During his time with the Department of Justice, Mr. Tunnage 
was an Assistant State Public Defender--pardon me, not during 
his time but before his time with the Department of Justice, 
Mr. Tunnage was an Assistant State Public Defender in Florida, 
litigating criminal appeals on behalf of indigent individuals.
    A magna cum laude graduate of Morehouse College and a 
graduate of Duke University Law School, Mr. Tunnage also holds 
a master's in public policy from Harvard Kennedy School of 
Government.
    I appreciate the Committee moving these nominees, and I 
look forward to working with you to end the vacancy crisis.
    Chairman Peters. Welcome Judge Scott and Mr. Tunnage. Judge 
Scott, you may proceed with your opening remarks.
    I think you are on mute right now, Judge.
    Mr. Tunnage, we will go to you. Judge Scott, we understand 
it is the recording studio is having the issue, not you. We 
will see if Mr. Tunnage, let's hope your sound is working, if 
you want to proceed with your opening remarks.

   TESTIMONY OF DONALD W. TUNNAGE\1\ TO BE ASSOCIATE JUDGE, 
           SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

    Mr. Tunnage. Thank you. Good morning. Chairman Peters, 
Ranking Member Portman, and Members of this Committee, thank 
you for the opportunity to appear before you today. I am deeply 
grateful to you and your dedicated Committee staffers for 
considering my nomination.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Tunnage appears in the Appendix 
on page 224.
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    I would also like to extend my gratitude to all the members 
of the Judicial Nomination Commission and specifically its 
chair, the Honorable Emmet G. Sullivan, for recommending me, 
and I thank President Joseph Biden for nominating me to be an 
Associate Judge of the Superior Court of the District of 
Columbia. I extend also my gratitude and appreciation to 
Congresswoman Eleanor Holmes Norton for her very kind 
introduction. I am most appreciative of her support.
    This nomination and the opportunity to appear before you 
today are easily the highest honors of my professional career. 
I sit before you today buttressed by the support of my extended 
family, classmates, close friends, and colleagues. Through 
unwavering support, they have mentored, supported, and 
encouraged me in life and throughout my career.
    I offer special mention to my husband, Juan Ruiz Rojas, 
whose commitment and dedication form the fulcrum that allows me 
to successfully balance, work, family and co-parenting our 4-
year-old son, Alec. Guiding and being a loving, caring parent 
and Papa to Alec is the eternal commitment in my life.
    My mother, Linda Walker, a formerly retired public-school 
educator who returned to her career in education, because it is 
more accurately her life's calling, is watching with great 
enthusiasm and unbridled love and support from Fort Lauderdale, 
Florida. I also would like to offer special recognition to my 
late father, a veteran of the United States Army and a retired 
public-school educator who was known affectionately as Don. I 
am my father's namesake, and his unconditional and unswerving 
support uplifted and motivated me during his lifetime, while 
the memory of his unconditional love has been a personal and 
private comfort since his passing.
    The entirety of my professional career has been in pursuit 
of fair process and equal treatment. Since 2000, I have had the 
honor and privilege of serving as a career trial attorney in 
the United States Department of Justice, where I have 
represented the United States in enforcing statutes that ensure 
full and fair participation of all citizens in life material 
activities such as housing, employment, and the constitutional 
right to be secure in their persons and effects.
    During my two-decades career as a Justice Department trial 
attorney, I have appeared in Federal districts courts in more 
than ten States and I have dutifully executed and served under 
five Presidential administrations.
    Prior to joining the Justice Department, I served as an 
assistant public defender, where my advocacy was for trial 
proceedings that were fair and constitutionally compliant.
    In my professional experience, I have practiced as a 
defense counsel, a civil litigator, criminal prosecutor. I have 
appeared in State appellate courts and Federal district courts. 
In each role and every appearance I have advocated for equality 
under law and procedural fairness. If I am granted the honor of 
confirmation, those will be my guideposts as I seek to ensure 
fair and impartial administration of justice.
    In closing, I would like to restate my sincere gratitude, 
Mr. Chairman, to you and every Member of the Committee for 
considering my nomination, and I look forward to answering any 
questions you may have of me.
    Chairman Peters. Thank you, Mr. Tunnage, for your comments.
    Judge Scott, you are recognized for your opening comments.

   TESTIMONY OF THE HONORABLE JUDGE EBONY M. SCOTT\1\ TO BE 
  ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

    Judge Scott. Thank you, Chairman Peters. Are you able to 
hear me now?
---------------------------------------------------------------------------
    \1\ The prepared statement of Judge Scott appears in the Appendix 
on page 247.
---------------------------------------------------------------------------
    Chairman Peters. Loud and clear.
    Judge Scott. OK. Fantastic. I am used to these technical 
glitches at this point.
    Thank you again. Good morning to you, Chairman, and to 
Ranking Member Portman, and thank you for holding this hearing 
today as well as the Committee staff. Thank you to 
Congresswoman Eleanor Holmes Norton for her kind remarks. They 
are sincerely appreciated.
    I would like to thank the Judicial Nomination Commission 
and its chair, the Honorable Emmett Sullivan, for recommending 
me to the White House, and I would like to especially thank 
President Joseph Biden for this tremendous honor of this 
nomination.
    As Maya Angelou has said, I come as one, but I stand as 
10,000. I did not travel the road that led me here today alone. 
I would like to thank and acknowledge my Court family, in 
particular, the Chief of the Superior Court of the District of 
Columbia, Chief Judge Anita Josey-Herring, and my mentor, Chief 
Judge Anna Blackburne-Rigsby, of the District of Columbia Court 
of Appeals, for their immeasurable support. I am truly 
fortunate to have the support not only of my colleagues present 
and past, but of my friends and family members, too many to 
name, many of whom are watching virtually, and all of whom I am 
deeply grateful to.
    I would like to recognize my husband, and thank my husband, 
my soulmate, in fact, Jon Scott. His love has been enduring, 
and his encouragement and understanding has been absolutely 
endless.
    I would like to recognize my maternal grandmother, Gladys 
Slaughter, and my grandfather, who I affectionately refer to as 
Grandpapa. They are both watching from my hometown of Buffalo, 
New York. Thank you for your support, and most importantly your 
love.
    I would like to recognize my father-in-law, John Henry 
Scott, and my mother-in-law, JoEllen Scott, who along with many 
others, I suspect, are watching from my second home in 
Greenville, South Carolina. I would also like to recognize my 
husband's mother, Dorothy Harris Scott, who passed away in 
1996. Although I never had the pleasure or the honor of meeting 
my husband's mother, her spirit is with me, and I honor her 
memory today.
    I would like to now tell you a little bit about my 
background. My mother, Darnetta Adamson, who is watching from 
home, is, quite frankly, my hero. My mother had me as a 
teenager, and even though she had many hurdles to cross as a 
result of being a teenage mother, she always modeled for me 
grace, hard work, humility, and strength. As I have told my 
mother many times over the years, the pride that wells up in 
her when she looks at me is the same pride that wells up in me 
when I look at her. Thank you, Mom.
    My father, Dewitt Oliver, who we lost at a very young age 
to Coronavirus Disease 2019 (COVID-19), at the very beginning 
of the COVID pandemic, was also a source of strength for me and 
a man of dignity and valor, having served our country as a 
Marine. Likewise, my paternal grandmother, Elizabeth Morse, who 
we lost just a few months after my father, was also a source of 
strength and encouragement. My grandmother instilled in me the 
pursuit of excellence, which I have carried with me every step 
of my career, including in my current role as a Magistrate 
Judge on the Superior Court.
    Since my appointment to the bench as a Magistrate Judge, I 
have presided over the court's high-volume civil calendars, 
dutifully applying the law to the facts, and serving the court, 
most importantly with respect. Prior to my service on the court 
I was a civil trial attorney and Assistant Attorney General for 
the Office of the Attorney General for the District of 
Columbia, and I brought a variety of matters in the Superior 
Court over the course of 9 years. I also served as a generalist 
and worked on administrative and personnel matters affecting 
local and governmental employees and District agencies.
    I began my career as a Judicial Law Clerk to the Honorable 
Chief Judge Anna Blackburne-Rigsby on the D.C. Court of 
Appeals, and I regularly regard that clerkship as the arc of my 
career.
    I can assure the Committee that my broad range of 
professional experience has well-equipped me to be a prepared, 
thoughtful, and fair Associate Judge, should I be confirmed. I 
truly love this city, and have built my personal and my 
professional life here. It would be an honor of a lifetime to 
continue to give back to a city that has given me so very much.
    I look forward to answering the Committee's questions. 
Thank you.
    Chairman Peters. Thank you, Judge Scott.
    We now have three questions that the Committee asks of 
every nominee, and I am going to ask each of our nominees to 
answer briefly with just a yes or no to these questions. We 
will start with Mr. Hooks and then work down the panel, then we 
will go online. Judge Scott, we will have you start on that.
    First, is there anything that you are aware of in your 
background that might present a conflict of interest with the 
duties of the office which you have been nominated? Mr. Hooks.
    Mr. Hooks. No, sir.
    Mr. Kubayanda. No, sir.
    Ms. Blatchford. No.
    Judge Scott. No, Senator.
    Mr. Tunnage. No, Senator.
    Chairman Peters. Second, do you know if 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. Hooks. No, sir.
    Mr. Kubayanda. No, Mr. Chairman.
    Ms. Blatchford. No, Senator.
    Judge Scott. No, Senator.
    Mr. Tunnage. No, Senator.
    Chairman Peters. And last, 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. Hooks. Yes, sir, Mr. Chairman.
    Mr. Kubayanda. I do.
    Ms. Blatchford. Yes. Of course.
    Judge Scott. Yes, Senator.
    Mr. Tunnage. Yes, Senator.
    Chairman Peters. Great. Thank you.
    Mr. Hooks, this first question is for you. FEMA's disaster 
response efforts have unfortunately, historically been plagued 
by disparities affecting individuals from underserved 
communities, including individuals from rural and low-income 
communities as well as individuals with disabilities.
    FEMA's 2020 National Advisory Council, which was led by the 
chief of the Texas Division of Emergency Management found, and 
I quote, ``By perpetually assisting larger communities that 
already have considerable resources, the smaller, less-
resource-rich, less affluent communities cannot access funding 
to appropriately prepare for a disaster, leading to inadequate 
response and recovery and little opportunity for mitigation,'' 
end of quote.
    This Committee is working to address this issue right now, 
to ensure that all Americans, no matter where they live, no 
matter who they are, have access to equitable disaster 
recovery. So my question for you, Mr. Hooks, first I would love 
to hear your thoughts on this matter, and I want to know, yes 
or no, and any detail you want to provide, that if confirmed, 
you will commit to working with me on this issue and making 
sure that FEMA is indeed prioritizing equity in all of its 
programs and in all of its activities.
    Mr. Hooks. Yes, sir. Thank you for the question, Mr. 
Chairman. It is extremely important that FEMA serve all 
communities that are eligible for services. Oftentimes those 
communities that can afford it the least, and those underserved 
communities, are the ones that suffer the most damage in the 
consequences from disastrous acts or catastrophes due to nature 
and other circumstances.
    Through the last few years I think that both the Federal 
Government and State and localities have really increased the 
view of looking at all programs through a lens of equity, and 
if confirmed, I look forward to contributing to that thought 
process and certainly support the view that all communities 
should be served, as evidenced by opening statement.
    I also have wide experience with this in North Carolina, 
and we have some very thriving, robust communities such as in 
the Charlotte and Raleigh area. But we also have some very 
rural communities as well, and I have certainly seen firsthand 
the devastation that disasters have taken a toll on those 
communities. I bring with me a set of experiences and 
partnerships that I believe that I can bring a strategic 
viewpoint to those, if confirmed in the position of Deputy 
Director to FEMA.
    Chairman Peters. Great. Thank you.
    Mr. Kubayanda, as the Postal Service's regulator, the 
Postal Regulatory Commission plays a key role in monitoring 
whether the Postal Service is meetings its on-time delivery 
goals and holding it accountable to these standards of service, 
as you know very well.
    How have you worked to hold the Postal Service accountable 
for its service performance, and if confirmed for another term 
how will you continue to advance transparency and 
accountability for customers?
    Mr. Kubayanda. Thank you for the question, Mr. Chairman. 
The Postal Regulatory Commission has very well-established 
processes for holding the Postal Service accountable. Through 
the annual compliance process we oversee the Postal Service's 
compliance, and I think we have done an excellent job over the 
years of finding the issues in the postal network and building 
toward a system of transparency and accountability in the 
postal system.
    As we go forward, I think there are some measures, new 
steps that we can take to improve transparency in the postal 
system, and there are really three related initiatives that we 
have going on in that area of transparency. One is an Open Data 
Initiative, also a Data Analytics Initiative, and also a Data 
Visualization. These are all small-scale initiatives that I 
think we have a chance to eventually scale up in order to hold 
the Postal Service more accountable.
    We are currently implementing compliance with the OPEN 
Government Data Act, which includes bringing on a chief data 
officer, and that will allow us to look at Postal Service 
service performance over time to create some standardization of 
data and make data available to the public and to stakeholders 
in machine-readable formats. I think what that can do is allow 
us to get better-informed inputs from stakeholders into our 
compliance processes and hold the Postal Service accountable. 
Also, that standardization will help make us more organized in 
terms of our use of data as well.
    I think all those can contribute to kind of modernizing our 
standard compliance efforts.
    Chairman Peters. Ms. Blatchford, as you know, the Payment 
Integrity Information Act of 2019 (PIIA) passed out of this 
Committee and is a landmark step to ensuring that the Federal 
Government reduces improper payments and cuts down on waste, 
fraud, and abuse in the Federal program and the benefits 
delivery from the Federal Government.
    My question for you is, if you are confirmed as the 
Controller what will be your top priorities for accelerating 
implementation of this act and improving the government's 
ability to stop improper payments?
    Ms. Blatchford. Thank you very much for this question. It 
is an incredibly important topic, given the amount of money 
that is being currently invested in supporting our recovery 
from this pandemic.
    I am very much aware that the Payment Integrity Information 
Act was passed and that the implementation of that is underway. 
If confirmed, I would look forward to working with the OFFM and 
the teams to understand where the gaps might be. Again, my 
guess is because of the size of the investment that we are 
making collectively there are real areas to strengthen and to 
focus.
    Another thing I would say, I have seen time again in my 
work, thinking about the Hurricane Sandy Task Force here, 
moving money quickly into communities in these moments is very 
important, but it has to be balanced with a focus on payment 
integrity. The best way to do that, I think in particular, is 
to focus on prevention, right, the reduction at the beginning 
of the payment cycle. So that would really be my primary focus. 
Catching waste, fraud, and abuse later, later down the chain, 
is important, but I think certainly the best way to do that is 
to lean into that prevention.
    I know that there are a number of tools that have been 
developed by OMB, in partnership with the Chief Financial 
Officers (CFO) Council and other members of the oversight 
community to really ensure that the tools are out there to 
allow agencies to focus as much as possible on prevention of 
improper payments as a part of that. I look forward to working 
with you, if confirmed, on that.
    Chairman Peters. Thank you. Ranking Member Portman, you are 
recognized for your questions.
    Senator Portman. Great. Thank you. Mr. Hooks, I want to 
talk a little about what FEMA's role is in terms of resilience, 
and I noted that as head of the North Carolina Department of 
Public Safety you have a lot of experience with natural 
disasters.
    I mentioned earlier that we have recently passed this 
legislation that was signed into law this week that provides 
another $1 billion in funding for the Building Resilient 
Infrastructure Communities program, basically pre-disaster 
mitigation to ensure that the taxpayer money is better spent by 
mitigating some of these potential disasters and helping 
potential victims avoid the devastation of a hurricane, as you 
have had in your State, or tornado, or floods, or fires, and so 
on.
    Have you worked with BRIC? Do you have any experience with 
them?
    Mr. Hooks. Yes, sir. Thank you, Ranking Member Portman. 
Thank you for the question. Through our very experienced 
emergency management team in North Carolina, North Carolina has 
pretty successfully navigated the early rollout of the BRIC 
program. It is my view that with sustainable funding the BRIC 
program can be really transformative to the States, and 
consequently to the Nation. BRIC program focuses on a very 
necessary tool that we should be utilizing more, and that is 
mitigation. I think it is well accepted that the investment of 
every $1 in mitigation can save us $6 on the back end.
    We have stood up a robust protocol to address the BRIC 
funding in North Carolina that not only operates at the State 
level but really partners with FEMA. Our FEMA Integration Team 
(FIT), that was the first in the Nation, in North Carolina, has 
been instrumental to our success, and also the buildout of the 
Office of Recovery and Resiliency to work with our local 
communities to help build a more resilient North Carolina and 
ultimately a more resilient nation.
    Senator Portman. Good. Again, conceptually it is a great 
idea. A relatively new program, as you know. Since 2020, about 
$1.5 million has gone out, so it is out there, and I am glad 
you are working with it. I hope, should you be confirmed, that 
you will work with us to even improve the program further and 
probably some lessons from North Carolina would be helpful in 
that. Would you commit to do that?
    Mr. Hooks. Yes, sir, Ranking Member Portman. I certainly 
commit to working with you and your staff as well as FEMA 
leadership to address any challenges and break down any 
barriers that we have to be successful.
    Senator Portman. Good. This Committee has spent a lot of 
time on helping to push back against the hateful attacks on 
religious organizations, other nonprofits. We have this program 
that we put together called the Nonprofit Security Grant 
Program (NSGP), and we have made preparedness grants there 
available over the last several years. This year we actually 
doubled the funding to $180 million, split evenly between the 
urban areas and the States.
    Are you aware of this program? Have you used it in North 
Carolina?
    Mr. Hooks. Yes, sir. Again, thank you for the question, 
Ranking Member Portman. As the State administrative agent as 
well as the Homeland Security advisor, I had signoff authority 
on the development of those grants as far as the administration 
in the State of North Carolina. We were successful in North 
Carolina at bringing not just the emergency management entity, 
which the money would flow through from FEMA, but bringing law 
enforcement and intelligence resources in partnership with 
those communities so that we could adequately protect faith-
based institutions through this process. Again, we have 
navigated that program pretty successfully in North Carolina.
    Senator Portman. As you may know, some States have used it 
more effectively than others. North Carolina has been pretty 
aggressive in using it. It sounds like my State of Ohio has 
certainly been successful in figuring out ways to put it to 
work. We are glad you support it, and we look forward to 
working with you on ensuring that the funding we are providing 
is spent most effectively.
    With regard to the Controller position, Ms. Blatchford, we 
talked about this in person so you know where I am coming from. 
You have a great deal of expertise and experience in the 
housing sector, as an example, but you are not up for HUD 
Secretary. You are up for another job, which again is one that 
is just a hard-core financial management, auditing, accounting 
job. I mentioned earlier the U.S. Code and what it requires 
this job to have, and, you know, demonstrated ability and 
practical experience in accounting, financial management, and 
financial systems, extensive practical experience in financial 
management in large governmental or business entities.
    I know you do not have a certified public accountant (CPA), 
but regarding accounting do you have any practical experience 
as this calls for, or ability in accounting?
    Ms. Blatchford. Thank you very much for that question, 
Ranking Member Portman, and thank you for the conversation 
yesterday. I am glad to continue that conversation today. I do 
not have training in accounting, but I would just pull back a 
bit to say a couple of things about why I do think that I am 
qualified for this role.
    First, as an experienced nonprofit and government leader of 
large teams I have, by definition and by necessity, deeply 
involved myself in financial management, everything from budget 
development and execution, financial management of systems, 
enterprise risk management, auditing. And so just have learned, 
to the point that you made about practical experience, have 
learned that I can deeply engage myself in those details as 
needed.
    But I also have learned to rely on the expertise of those 
around me. I think most leaders know that you do not have every 
technical skill in your toolkit but often you can rely on your 
team for the areas that you might not have or that you need to 
complement. Everything I have heard about the OMB and OFFM 
teams is that they are extraordinary and would be supportive in 
that particular area.
    I would also say I think this is a question about what we 
need as a country right now, and I think, from my perspective, 
I would bring the strategic vision and the ability to support 
and work with the technical experts on my team, but really 
drawing on the expertise and the experience I have had of 
navigating the inputs from accounting, the inputs from 
financial management, to make the right decisions for the 
organization that I am working for.
    I look forward to, if confirmed, working with you to make 
sure that we are really addressing all of those concerns.
    Senator Portman. Again, I have a hard time squaring what 
the requirements are, and again, having known that position, 
and it is true that as a leader you rely on others. But the 
reason the statute was written that way, and knowing the job, 
having the expertise and experience is really important for the 
leader.
    Not surprising, and I talked to you about this on the 
phone, but can you explain the Federal Credit Reform Act and 
how you see this impacting how various Federal credit programs 
calculate their leverage?
    Ms. Blatchford. It is my understanding that the Federal 
Credit Reform Act is a set of decisions in terms of current and 
proposed programs. That evaluation is made by the Budget Review 
Division (BRD) within OMB, that sits outside of OFFM. But as we 
discussed yesterday, I understand where you are coming from on 
this larger question, and had some experience working on this 
when I was at HUD, with the FDA balance sheet.
    I would look forward, if confirmed, to working with you, 
the BRD team, and others at OMB to address any concerns you 
might have about current or future programs as it relates to 
that reform act.
    Senator Portman. Thank you. My time has expired. Thank you, 
Mr. Chairman.
    Chairman Peters. Thank you, Ranking Member Portman.
    Senator Carper, you are now recognized for your questions.

              OPENING STATEMENT OF SENATOR CARPER

    Senator Carper. Thanks, Mr. Chairman. To our witnesses and 
our nominees who are before us today, a warm welcome to you.
    Before I proceed to my questions, I want to take a moment 
to highlight that we have two D.C. Superior Court nominees 
before us, Judge Scott and Mr. Tunnage. Before I was fortunate 
enough to be elected to the U.S. Senate, I was Governor of 
Delaware for 8 years and spent a fair amount of time 
nominating, selecting people to serve on the Delaware bench, 
which despite the fact that we are a little State there, has a 
national, even international reach. I gave a lot of time and 
thought to the kind of people I nominated to serve on the bench 
in Delaware, and who ultimately did and some still do.
    I think we have before us today vacancies on the D.C. 
Superior Court that have been vacant for 3 years, and in 
another case, more than 5 years. I think that is abhorrent. I 
think that is disgraceful. It is on us in the Senate, and it is 
on the current Administration and especially the previous 
administration. I like to say justice denied is justice 
delayed, and the idea that we have excellent nominees that have 
been sent to us for consideration by the District of Columbia 
and we are just sitting on them for years is awful. I am glad 
that Mr. Chairman brought these nominees before us today and I 
hope that they will get our approval.
    One of the reasons why I pushed for several years for D.C. 
Statehood is because I think if we are not going to allow a 
State, a district like District of Columbia, which has more 
people than several of our States and pays a lot of taxes, has 
a lot of people serving in the military, and then we get the 
traditional noms and we just sit on them for years, it is just 
one more reason why we should consider the legislation that a 
number of us are proposing, and that is D.C. Statehood.
    OK. That is a story for another day, but I did not want to 
miss it.
    Secretary Hooks, great to have you with us. My wife is a 
native of North Carolina so we think of you as a distant, 
distant relative. She loves North Carolina and her roots are 
still there.
    You heard me say the other day, I think it was yesterday 
when we met I talked about leadership, and most importantly the 
success of any organization I have ever been a part of, whether 
it was the Navy or helping to run
    Delaware or serving in the U.S. Senate, it is always 
leadership. In order for an organization to be successful in 
achieving its mission, that is what is important. Dedicated, 
committed, enlightened leadership is the key.
    Mr. Secretary, as the Secretary of Public Safety in North 
Carolina I understand you have led nearly 40,000 civilian 
employees, which is about the size of the civilian workforce in 
Delaware, including educators. But anyway, nearly 40,000 
civilian employees and National Guard soldiers and airmen, and 
you were responsible for coordinating emergency management 
functions statewide.
    Reflecting on this experience and other leadership roles 
you have held throughout your distinguished career in public 
safety and law enforcement, what are some of the hallmarks of 
an effective leader, in your judgment, particularly when it 
comes to coordinating emergency preparedness and response 
efforts across multiple levels of government? Please, go ahead.
    Mr. Hooks. Thank you, Senator Carper. It was an honor to 
speak with you yesterday as well.
    I am a firm believer that leadership can translate across 
many domains, both the State and to this position as Deputy 
Administration, if confirmed. One of the things that I think is 
a hallmark of an effective leader is making the time and effort 
to commit the investment in the people that are carrying out 
that mission. I view both the staff that I had in North 
Carolina and the potential staff that I may have, if confirmed 
at FEMA, as part of the critical infrastructure.
    The most important aspect of any organization are the 
people that make up that organization. Programs are important. 
Funding is certainly important. But we have to invest in those 
individuals to ensure that they have a culture where they feel 
that they can thrive, that they can grow, and that they can be 
successful. Leaders have to invest in those individuals, often 
at the demise of their own, self-interests, because I do 
believe that that shared sacrifice that these people make to 
secure our nation and preserve our freedoms in North Carolina 
are extremely important and they should be recognized for that.
    We want to create a climate, a culture of success, and 
promote diversity and inclusion at all ranks, and let them know 
that they are valued for the contributions that they make to 
the success of our Nation.
    Senator Carper. Great. Thank you for that response, Mr. 
Secretary.
    I want to turn now, if I could, to Mr. Kubayanda. Very nice 
to see you. I call you Mr. Chairman. The Postal Regulatory 
Commission, as some of us recall in Congress, created the 
independent U.S. Postal Service in 1970, also creating a five-
member Postal Regulatory Commission to serve as the independent 
regulator of the Postal Service and to ensure transparency, to 
try to ensure accountability of postal operations.
    The PRC has oversight authority of the postal rate setting 
and mail delivery performance and issues. Regular reports come 
to us, focused on the Postal Service activities, its finances, 
its sustainability. Mr. Kubayanda, you have now been overseeing 
that mission with PRC during your time as Chairman. I would 
just ask, why is it important that the Commission have a full 
slate of Senate-confirmed Commissioners?
    Mr. Kubayanda. Thank you, Senator Carper, for that 
question. It is critical that we have a full slate of confirmed 
Commissioners. Prior to me joining the Commission we had an 
empty slot for some time, and with really major rulemakings on 
the table, including the 10-year review of the rate-making 
system, which is absolutely critical for the financial 
foundation of the entire postal system.
    With the full slate, one of the things we are able to do is 
quickly turn to that issue and accomplish that. I think it is 
one of the biggest rulemakings in the 50-year history of the 
Commission. I would also add that a full slate of the Governors 
of the Postal Service is also critical.
    I think it is absolutely a foundational issue that we have 
all those slates full and are able to tackle a lot of the 
critical issues facing the postal system.
    Senator Carper. Thanks very much. My time is about to 
expire so I thank you for your service on the Commission and 
your willingness to continue to serve in this role.
    The last thing I would say, I started off by mentioning how 
some of these judicial vacancies in the District of Columbia 
have existed 3, 4, or 5 years, which is abhorrent. We also are 
in a situation where the District of Columbia I think has a AA-
plus credit rating, and here we are, and we have to approve 
their budget. They should be approving ours. Here we are, weeks 
and months into overtime in terms of actually producing our own 
budget, and still struggling with the debt ceiling issue.
    I think that is just one more reason why the idea of giving 
the District of Columbia the kind of opportunities and 
responsibilities that they should have in our legislation, my 
legislation. One more reason why it should be considered.
    Thank you. Again to our nominees, we are grateful that you 
are here, particularly the judicial nominees. Very impressive 
credentials. Thank you.
    Thank you, Mr. Chairman.
    Chairman Peters. Thank you, Senator Carper.
    Senator Hassan, you are recognized for your questions.

              OPENING STATEMENT OF SENATOR HASSAN

    Senator Hassan. Thank you, Mr. Chairman, and I want to 
thank you and Senator Portman for holding this hearing and a 
special thank you to all of our nominees and to your families 
for being willing to take on these important positions.
    Mr. Hooks, I want to start with a question to you. Our new 
bipartisan infrastructure law includes a provision that I 
developed to create a new State and local cybersecurity grant 
program. FEMA will administer the program, drawing on subject 
matter expertise from the Cybersecurity and Infrastructure 
Security Agency (CISA).
    Mr. Hooks, if confirmed as Deputy Administrator what steps 
will you take to ensure that this grant funding will quickly 
and effectively get to entities that need it, including in my 
State of New Hampshire?
    Mr. Hooks. Thank you, Senator Hassan. Cybersecurity and our 
critical infrastructure are extremely important as we face 
challenges both domestically and internationally. If confirmed, 
I look forward to working specifically within FEMA but also 
external to FEMA, with our sister agency at CISA and with the 
broader Department at DHS, along with our local and State 
partners to fully implement the authorizations that are carried 
forward.
    I look forward to familiarizing myself particularly with 
the particular nuances of it and understanding full 
congressional intent. That would be one of the first things 
that I always look to do in evaluating a program and how we 
should roll it out and then seeing how I can execute on the 
partnerships that are needed to address this--we cannot really 
call it an emerging threat anymore. It has been with us. But 
this persistent threat that is extremely important to the 
safety of our Nation.
    Senator Hassan. I appreciate that very much. Even in a 
small State like New Hampshire we are seeing cyberattacks at 
various levels, against various entities, and I really look 
forward to working with you to strengthen our resources here 
and really strengthen our cyber defenses.
    Ms. Blatchford, the Federal Government's reliance on 
outdated and obsolete technology harms our ability to deliver 
services to the American people, threatens our cybersecurity, 
and also drives wasteful spending. One way to curb wasteful 
spending on these old systems is through better cooperation and 
communication between agencies chief information officers (CIO) 
and chief financial officers to ensure that there is a 
coordinated process for determining technology needs and 
acquisition processes.
    How can the Office of Federal Financial Management, under 
your leadership, work to improve cooperation and communication 
between chief information officers and chief financial officers 
to save taxpayer dollars?
    Ms. Blatchford. Thank you, Senator. It is an important 
question and I appreciate it. I have seen, in my time in 
government and the nonprofit sector that that is really true. 
Those legacy systems pose enormous risks to effective service 
delivery, good customer experience, and, of course, to 
security.
    So as you know, OFFM plays a lead role in bringing together 
the CFOs from different agencies, and so I would imagine 
leaning into that role to really elevate this issue in 
importance. It is my understanding, as well, that that 
interagency role plays an important part of it is busting 
silos, getting people to communicate, working through these 
issues. Based on my experience doing that in the task force and 
in other contexts, I would really want to lean in and do that.
    I also think the partnership across OMB and across the 
Executive Branch is going to be critical, because, as you said, 
it is not just the CFOs. It is also the CIOs. That synergy and 
that relationship is something I would work with the CFO 
Council and other CFO colleagues to address, if confirmed.
    Senator Hassan. That is great, and I would just add that I 
think one of the things that the CFO community needs to work 
with, with the chief information officers, is understanding the 
length of time it can take to modernize technology this way, 
and we really have to make sure that our financial systems are 
working in a way that really can accommodate long-term planning 
and change. I look forward to further working with you on that.
    To Mr. Hooks, I want to go back to a different issue at 
FEMA, because the agency has struggled with serious problems 
relating to sexual harassment of its employees. A 2020 survey 
conducted by the Rand Corporation found that approximately 20 
percent of FEMA employees reported experiencing sexual 
harassment at the agency.
    If confirmed as Deputy, what steps would you take to combat 
sexual harassment at FEMA?
    Mr. Hooks. Thank you, Senator, for the question. As I 
stated earlier, I believe that in order for any agency or 
department to be successful you have to have great investment 
in the individuals, where they can thrive in a culture of 
excellence, so that they feel that they are a part of it, and 
they have the opportunities. That translates very cleanly over 
into addressing any issues of sexual harassment.
    I am up to the challenge, if confirmed, to meet that issue 
head-on. There is absolutely no place in any part of society 
for anyone to be made to feel less than and moving forward when 
they are trying to serve their country or carrying out any 
other job.
    I have a history, through my work both in the SBI and as 
Secretary of ensuring that we have a workforce that is valued, 
that women, in particular, have those opportunities, and then 
as the Secretary of Public Safety, I had one of the most 
incredible workforce dynamics in a field that is generally 
dominated by male professionals, in that General Counsel and 
Chief Deputy Secretaries were females, and it set the tone.
    I would lead by example, and I have had a brief discussion 
with Administrator Criswell. She and I are firmly on the same 
ground of moving forward to ensure that everyone has an 
opportunity to thrive and work in a culture of excellence at 
FEMA and that sexual harassment will not be tolerated to any 
degree.
    Senator Hassan. Thank you for that commitment. I really 
appreciate it.
    Now I want to turn to Mr. Kubayanda, because, sir, in its 
attempts to become more finally stable the U.S. Postal Service 
proposed delaying delivery times for first-class packages, 
commonly used by pharmacies and banks, for example, to send 
lightweight products inexpensively. These delays would affect 
roughly a third of first-class package volume and cause delays 
on essential items that people in my State of New Hampshire 
certainly rely on.
    In September, the Postal Regulatory Commission issued an 
advisory opinion on this proposed change and found that the 
Postal Service's proposal to delay service would not 
substantially affects its overall financial condition, contrary 
to the stated goals of the proposal. What options or 
alternatives do you think the Postal Service could instead 
pursue to improve its financial condition without compromising 
service?
    Mr. Kubayanda. Thank you for the question, Senator. I think 
that the Commission has issued two advisory opinions on 
attempts to change service standards, and I think both reached 
that conclusion, that the savings on offer were meager compared 
to what the Postal Service hopes to achieve.
    I think that the Postal Service has a number of steps they 
can take. I think some of these steps to cut costs over time 
might require some up-front investment, for example, 
modernization of the vehicle fleet. They have an extremely old 
vehicle fleet with poor quality, and they have been known to 
catch on fire, and then also the efficiency is very low. I 
think that is something where up-front investment, capital 
investment, can lead to some savings down the line.
    We just approved a new rate-making systems for the Postal 
Service, and I think that it is an opportunity to kind of 
stabilize postal finances, or at least move the ball forward 
and improve postal finances. I think that is something they can 
capitalize on.
    I think, long-term, there are opportunities for efficiency 
through information technology, reconsidering how to utilize 
their extensive network of physical facilities to distribute 
mail more efficiently. One of the things we are launching is a 
data analytics group to look at issues within the postal 
network, including whether it is aligned in the most efficient 
manner and looking at possible bottlenecks and pinch points 
within that network, where the Postal Service might stand to 
improve.
    I think there are opportunities for incremental 
improvements over time.
    Senator Hassan. Thank you very much. I realize we have gone 
over time, Mr. Chair, so I appreciate the extra time. I look 
forward to working with you on these issues. Thank you.
    Chairman Peters. Thank you, Senator Hassan.
    Senator Scott, you are recognized for your questions.

               OPENING STATEMENT OF SENATOR SCOTT

    Senator Scott. I want to thank Chairman Peters and Ranking 
Member Portman for holding this hearing and congratulate each 
of you for your nominations, and thank you for your willingness 
to serve.
    Mr. Hooks, thanks for the call we had. It is my 
understanding that certain States are asking to be reimbursed 
100 percent and retroactively for their COVID-19 costs. Are you 
aware of this? Do you think States ought to be treated 
differently with regard to their COVID expenses, and do you 
think it is appropriate that the Federal Government take over 
and pay 100 percent of costs in disasters?
    Mr. Hooks. Sure. Thank you, Senator Scott, and thank you 
for the opportunity to speak with you yesterday.
    As a State Administrative Agent coming from a State it is 
certainly natural for every State to want to receive additional 
compensation or receive 100 percent cost share. It has to be a 
balance.
    FEMA programs are designed to have some cost share element 
to them, and I understood that as a State Representative that 
also advocated for my State. I certainly understand there has 
to be a balance. Each catastrophe or disaster is unique. There 
have been certainly 100 percent reimbursement on some items 
that deal with COVID, and I do understand the need. But I do 
understand the need for FEMA to have consistency in its 
programs, but at the same time meet disaster survivors where 
they are.
    If confirmed, I look forward to working with you and your 
State and any other State that has those concerns about whether 
or not the 75 percent match, which is traditional, is being 
addressed appropriately at FEMA and that those regulations are 
being interpreted. I look forward to knowing what headway 
Administrator Criswell has already made on this matter, because 
I know it has been a concern to you.
    Senator Scott. Do you think if States do not have any skin 
in the game they are going to watch the money?
    Mr. Hooks. I believe, sir, that we all have a role to play, 
and that states, and in North Carolina we certainly had skin in 
the game. It is also added with the complexity that a lot of 
local communities may not have the financial wherewithal of 
some other communities.
    I think that with honest conversation and with never making 
promises that you are certainly not able to keep and not 
authorized by legislation to keep, that we can effectively move 
forward and address those issues. But we have to encourage 
States that they have to have some skin in the game.
    Senator Scott. Over the last year, the Disaster Relief Fund 
(DRF) has been redistributed to fund areas not related to 
disaster emergency management. Do you think it is appropriate 
that they use FEMA disaster relief funds for non-disaster 
purposes? I mean, do you think that is ever appropriate?
    Mr. Hooks. Thank you for the question, sir. I am not 
specifically familiar with the reference that you make there. 
However, I do believe that FEMA and any other organization has 
an obligation to expend funds as they are authorized and are 
permitted by law.
    Senator Scott. I think we talked about what I watched in 
the debris pickup, how if a local agency, or a local 
municipality had a contract, it might be for $78.50 a cubic 
yard, and if the Corps of Engineers picked it up it was the 
same company, $72. Do you think that is ever appropriate?
    Mr. Hooks. Sir, I think that each State and the Federal 
Government has to encourage the use of advanced contracts, 
particularly with debris pickup, so that you can have some 
consistency and a level set what the cost management of that 
should be. I think that goes a long way into people raising or 
upticking prices as well. I think that there should always be 
internal controls and limitations on what should be charged for 
disaster recovery.
    Senator Scott. We talked a little bit about the National 
Flood Insurance Program (NFIP), and what is fascinating to me 
is that the Federal Government runs a program that is, like my 
State, we are a four-to-one donor State since the program has 
been implemented, and without doing surveys they raised the 
flood insurance cost on many of our citizens in the last 10 
years, and they appear to be doing it again. At the same time, 
FEMA does not appear to be a partner to try to help us get more 
private flood insurance, which would help Floridians save 
money, so we are basically paying for flood insurance in other 
States. Do you think that is appropriate?
    Mr. Hooks. Senator, I certainly heard your concern 
yesterday and that is certainly on my radar screen. Flood 
insurance, in and of itself, is a tremendous tool, a frontline 
tool to reduce the cost of individual recovery from disasters 
such as flooding. If confirmed, I look forward to working with 
you and your staff on any challenges that you see and whether 
or not the appropriate balance is being struck in the 
implementation of programs and whether or not this is an issue 
of authorization or interpretation on anyone's part.
    Senator Scott. Do you think it is important that FEMA work 
with the private sector to allow the private sector to grow, so 
FEMA does not have to have as big a program, with regard to 
flood insurance?
    Mr. Hooks. Sir, I believe that we all have a role to play, 
both the private sector as well as government in disaster 
mitigation and recovery efforts. Without being specific to the 
scenario that you laid out, I believe that great communication 
and great observance to what the congressional intent is for 
programs, be adhered to, to move us forward.
    Senator Scott. How are you going to deal with political 
pressure from, whoever--it does not matter which party does 
it--to tell you, ``Oh, in my State you have to give us a bigger 
match than in another State?'' How are you going to deal with 
political pressure in these? I mean, it is not a little bit of 
money. We are talking about billions and billions of dollars.
    Mr. Hooks. Yes, sir. Thank you for the question. I am not 
uncaring or lack any empathy for the disaster that anyone 
faces. However, I took my first oath of office over 30-
something years ago, and that oath bound me to follow the law 
as it has been given. I will continue to do that in any program 
that is rolled out with congressional approval.
    I lean to my oath in those difficult times, and I 
understand the pressures and the advocacy from individuals 
concerning wanting to do what is best for their State or their 
community.
    Senator Scott. Thank you, Chairman Peters.
    Chairman Peters. Thank you, Senator Scott.
    Senator Padilla, you are now recognized for your questions.

              OPENING STATEMENT OF SENATOR PADILLA

    Senator Padilla. Thank you, Mr. Chair. Mr. Hooks, I 
appreciated very much our opportunity to meet and chat 
yesterday. As we discussed in my office, repetitive 
catastrophic wildfires have unfortunately become the new 
normal, not just across California but throughout the western 
United States. While we are working to address this issue by 
allocating an unprecedented amount of funding for mitigation 
work through the Bipartisan Infrastructure bill that was signed 
by the President this last Monday, and the soon to be completed 
Build Back Better bill, the speed by which these funds are 
typically distributed is simply too slow.
    Mr. Chairman, I ask to enter into the record a recent 
Washington Post article that highlighted the case of Grass 
Valley, California.\1\
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    \1\ The Washington Post article referenced by Senator Padilla 
appears in the Appendix on page 272.
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    Chairman Peters. Without objection.
    Senator Padilla. Thank you. In this particular case 
highlighted in the article, which I also shared with you, Mr. 
Hooks, local officials near Mount Olive Road and the area 
around it was at an extreme wildfire risk. In 2018, they 
actually applied for a FEMA grant to clear dry brush, thin 
trees, and mitigate that fire risk. Yet, by 2021, they were 
still waiting on a decision when the River Fire ripped through 
the Mount Olive Road area of Grass Valley and destroyed 140 
structures.
    Now according to the same Post article, and their research, 
of the $11 billion that FEMA has allocated for mitigation over 
the past decade, only $1.5 billion has actually been spent. The 
research found that counties are made to wait an average of 7 
years to complete their FEMA-funded projects, and during those 
waits applicants for fire mitigation, specifically, experienced 
an average of three more major wildfires. So they know it is 
dangerous, they know the threat is coming, and they are 
impacted while they are forced to wait.
    And most disappointing of all, the research found that FEMA 
is about half as likely to fund grants for rural areas, poorer 
counties, and communities that are made up of predominantly 
minority residents. They face longer delays in getting grants 
approved. In California these are often exactly where the vast 
majority of destructive wildfires take place and have 
devastating impact.
    I know that has been a long preamble but important for the 
record. Mr. Hooks, my question is this. Obviously, these 
delays, you would agree, are unacceptable. What steps will you 
take, if confirmed, to shorten the time it takes for FEMA to 
reach a decision on grant applications and move the money out 
the door?
    Mr. Hooks. Thank you, Senator Padilla. It was certainly a 
pleasure to meet with you. From my own experiences I certainly 
know that disaster relief never comes fast enough for the 
people who are suffering, and people have been impacted by 
wildfires in the western United States, and we have not had 
that experience to the same degree that you have certainly 
experienced in California.
    If confirmed, I look forward to learning about what 
challenges FEMA has had as far as moving individuals through 
this program, approving and/or denying assistance, and one of 
the things that I think that, I believe we always should do is 
that as programs grow that you have to build the capacity and 
the capability to deliver those programs. I look forward to 
learning from Administrator Criswell and other senior leaders 
in FEMA as to whether or not, as the money has increased to 
address these and has been appropriated, have we built the 
capacity to deliver on those.
    FEMA has a goal of reducing the complexity of FEMA, and I 
certainly, as a recipient of grant funding and navigating that 
process, agree with that forward thinking. I look forward to 
evaluating, along with the Administrator, and bringing a set of 
fresh eyes as to whether or not how we have been successful. 
Also I am very mindful, as you have stated here, is that 
communities that often can afford it are most often impacted. 
When we look at programs through the lens of equity, sometimes 
the length of recovery negatively impacts that equity.
    I look forward to working with you and your staff as well 
as the FEMA staff to address those issues from that 
perspective.
    Senator Padilla. Thank you. We certainly look forward to 
the follow-up. And on that point of equity that you just 
mentioned, as I mentioned, in the takeaways from the Washington 
Post article, how do you envision working with traditionally 
disadvantaged communities to make sure that they are treated 
more equitably, whether it is in the timeliness of their grant 
applications, consideration of those grant applications, 
approvals versus denials, et cetera?
    Mr. Hooks. Again, thank you for the question, Senator. I 
believe that the use of technical assistance, both at the 
Federal level and encouraging that at the State level, where 
you have that expertise, both at the Federal and the State 
level, to go into those communities, States really have to 
understand the communities within their jurisdiction. The 
Federal Government, even though we are supporting the disaster 
from a little bit further away, have to understand the needs of 
those communities as well.
    So again, effectively utilizing those broad partnerships, 
being really intentional about those community impacts, and I 
am certainly in tune with that. We have experienced that in 
North Carolina, where communities, often minority communities, 
recover less well because of the difficulty in navigating 
processes to get the appropriate funding.
    Senator Padilla. Thank you. My last question, quickly, Mr. 
Chairman. My colleague, Senator Scott, asked how you might 
respond to pressures from higher-ups in the administration, 
regardless of political party--I am glad he pointed that out--
to maybe afford larger grants, rewards to some States versus 
others. I would ask the same question, slightly differently. 
How would you respond to any pressures from higher-ups in the 
administration, regardless of party, if the agency seemed to be 
pressured to not award grants that, from a technical 
standpoint, seem to be justified?
    Mr. Hooks. Sure. Thank you, Senator. I do not go into the 
job with that being the expectation, but again----
    Senator Padilla. Nobody should.
    Mr. Hooks [continuing]. But I do lean toward, just as I 
said before, lean toward my oath, the deep understanding of the 
program and what the congressional intent on how to deliver 
those programs, and also looking at whether or not those 
programs are meeting the needs of the community. If there is a 
gap in whether or not those programs, as authorized, are not 
meeting the needs of the community I would be the first to work 
with Administrator Criswell as well as with this Committee and 
any other congressional body to make the appropriate 
adjustments.
    Pressure is natural because disasters certainly begin and 
end locally. I understand the need for disaster survivors to 
recover, and there is a lot of emotion attached to it. But we 
have to have the appropriate authorities, both to award and to 
appropriately consider those communities that have not 
previously received awards.
    Senator Padilla. California thanks you for that response 
and I thank you for that response.
    Thank you, Mr. Chair.
    Chairman Peters. Thank you, Senator Padilla.
    Senator Ossoff, you are recognized for your questions.

              OPENING STATEMENT OF SENATOR OSSOFF

    Senator Ossoff. Thank you, Mr. Chairman, and thank you to 
our panel. Congratulations on your nominations.
    My first question, please, is for you Mr. Hooks. I have 
been consistently focused on necessary investments and 
preparations to improve coastal resilience in coastal Georgia 
to prepare, for example, communities in and around Savannah, 
Georgia for the anticipated storm surge, coastal flooding, and 
high wind events associated with more intense tropical storms.
    Mr. Hooks, first, will you commit please, if confirmed, to 
traveling to coastal Georgia, sitting down with Mayor Van 
Johnson and other leaders in and around Savannah, Georgia, as 
well as the rural communities, for example, across from and 
around Cumberland Island, to discuss what can be done to 
improve coordination between local governments and FEMA in 
preparation for the next storm season?
    Mr. Hooks. Thank you, Senator. Thank you for the question. 
Storm surge and other issues that impact our coast are 
certainly very problematic, both in Georgia as they were in 
North Carolina, and I do commit to visiting wherever I can and 
talking with you and community leaders as I can through this 
process, to get a greater understanding of what challenges they 
may have and to ensure that FEMA is meeting the needs of all 
communities.
    Senator Ossoff. Thank you so much. I would like also your 
comments on what steps, in your view, FEMA can take to ensure 
that low-income and minority communities, for example, the 
Gullah-Geechee community in coastal Georgia, who typically bear 
the brunt of natural disasters and severe storm events, are 
better prepared and receive equal and fair treatment from 
national disaster management authorities?
    Mr. Hooks. Again, thank you for the question. I do believe 
that mitigation is the appropriate way forward, and there has 
been an increased focus on mitigation. In order for mitigation 
to occur there has to be a deep understanding of not just the 
topography and the weather patterns of a particular area but 
the needs of that community.
    I believe that all entities that are involved in disaster 
response and recovery have a role to play. The community has to 
come forward with what their challenges are. States have to 
understand what those challenges are, and that partnership, 
again, has to be relayed and executed with FEMA as a Federal 
partner, to get a deep understanding.
    In North Carolina, we benefited from having the FEMA 
integration team, which was on the ground with our emergency 
management, that could network and get a deeper understanding 
of those communities and provide a great way forward to some of 
those rural communities. But you have to be intentional and you 
have to be willing to collaborate at all levels of government 
and with local communities to positively impact those 
communities.
    Senator Ossoff. Thank you, Mr. Hooks. When you come down to 
coastal Georgia I am looking forward to welcoming you. I hope, 
as well, that you will consider meeting with community leaders, 
for example, Dr. Mildred McLain of Harambee House and others 
who are engaged daily in the business of helping prepare their 
communities for events like major tropical storms. Are you open 
to having those meetings during your visit, Mr. Hooks, with key 
civil society leaders and local advocates, church leaders who 
are helping communities prepare for natural disasters?
    Mr. Hooks. Yes, sir. Thank you for the question. I am 
certainly amenable to meet with individual leaders for 
communities. That has been my history, to learn what the 
challenges are and to meet folks where their need exists.
    Senator Ossoff. Thank you.
    Mr. Kubayanda, my final question for you, please. The level 
of frustration among Georgians about the delays in postal 
delivery are extremely high. The frustration is extremely high. 
So what steps, if confirmed, will you take, please, sir, to 
accelerate the delivery of mail and ensure the timely delivery 
of mail and packages by USPS for the people of Georgia?
    Mr. Kubayanda. Thank you, Senator, for the question. The 
Commission has a really important role to play in the 
traditional divide between the Postal Service as they handle 
the direct operations and we handle oversight. That oversight 
and compliance responsibility has certainly increased in 
importance over the last couple of years with the increasing 
delays in mail service.
    As I mentioned earlier, we are implementing a number of 
measures around the use of data to increase our focus on 
service problems. This includes an open data effort that will 
allow us to kind of harness all the information that we have on 
the postal system, get it out in the hands of outside experts 
and analysts in machine-readable formats which will, I think, 
allow us to get better informed inputs about what is going on 
in the postal system and improve our oversight. I think it will 
allow us to incrementally nudge the system forward and create 
some improved results.
    We are also creating a small data analytics unit with 
similar intent, to look at issues within the postal network, 
see if we can get to drill down on the root causes of what is 
causing the delays. This builds on prior work that the 
Commission has done to identify pinch points in the network 
that are slowing down mail. I think this is an effort that we 
can scale up. There are some interesting developments in the 
world of data analytics that I think we can take advantage of 
to become more sophisticated in that, and as I said, get better 
inputs from the public.
    Another way that we are hoping to provide increased 
transparency and accountability is I think simplification of 
data and visualization of data. We are working on approach such 
as dashboards, so your average consumer will be able to go to 
our website, view what is going on in the postal network in an 
easily understandable way, to improve transparency.
    Senator Ossoff. With my remaining time, Mr. Kubayanda, I 
have heard in particular from constituents in Columbus, 
Georgia, in Macon, Georgia, and in Albany, Georgia, about mail 
delays. Will you please commit to working with my office and 
being available to communicate with local leaders in Columbus, 
Macon, and Albany, to get to the bottom of those delays and 
accelerate mail delivery, ensure timely mail delivery for folks 
in Columbus, Macon, and Albany?
    Mr. Kubayanda. Absolutely. I will commit to that, Senator.
    Senator Ossoff. Thank you very much. I yield back, Mr. 
Chairman.
    Chairman Peters. Thank you, Senator Ossoff.
    Senator Hawley, you are now recognized for your questions.

              OPENING STATEMENT OF SENATOR HAWLEY

    Senator Hawley. Thank you very much, Mr. Chairman, and 
congratulations to the nominees. Thank you for being here.
    Mr. Hooks, I would like to start with you if I could, and I 
want to start by raising an issue that I have been talking 
about for 2 years now on this Committee as it relates to FEMA, 
and that is the need for greater transparency in the FEMA 
process, particularly after there has been a disaster in the 
State when it comes to awarding individual assistance, when it 
comes to working with local residents.
    I am thinking, in particular, in my State, in the State of 
Missouri, in 2019, we had historic flooding, as you probably 
know about in the State--that was true of many Midwestern 
States--historic flooding in my State. Unfortunately we had 
many residents who were, of course, out of their homes. They 
were out of their businesses, off their farms in this case--
this was in northern and central Missouri--and their experience 
with FEMA was not a pleasant one. They could not figure out 
what the rules were. They could not figure out who to talk to. 
We had residents who were awarded assistance and then had it 
retracted from them, while they are still out of their homes. 
They said, ``You do qualify. Here is the assistance. Oh wait, 
no, no. Give it back to us. You do not actually qualify.''
    This is totally unacceptable, and at a minimum FEMA needs 
to commit to being more transparent, needs to commit to doing a 
better job on the ground in informing residents in disaster 
areas what assistance is available, what FEMA can do to help 
them, who the contacts are, and where they can get information. 
Of course, to make sure that when assistance is needed it gets 
to the people who need it and it has not been withdrawn. The 
rug is not pulled out from under them.
    So can you commit to me that you will work with me, if you 
are confirmed, on these transparency issues, on these 
informational issues, for my constituents in the State of 
Missouri but, for that matter, for everybody who needs it, 
everywhere FEMA serves?
    Mr. Hooks. Yes, sir, Senator Hawley. Thank you for the 
question and raising the concern. I certainly can commit, if 
confirmed, to work with you and any other Senator on the 
challenges that you face.
    FEMA has, as a stated goal, to reduce the complexity of 
FEMA, and I believe that as FEMA does that--and I look forward, 
if confirmed, to get a greater understanding about what 
progress they have made to do that, that we can ultimately 
reduce any situation where we find ourselves having to call 
back money, because after somebody has been victimized by a 
storm and we have met them on their worst day, we do not want 
to contribute to the angst that they already have.
    Senator Hawley. Thanks for that answer. What steps do you 
envision taking to make FEMA and the FEMA process, particularly 
as it relates to assistance, less complex, more transparent, 
more up-front for those who are desperately in need?
    Mr. Hooks. Again thank you. One of the most overriding 
things that comes to my mind right now is that--and I am sure 
this process is ongoing already with Administrator Criswell 
there in advance of me--is to review the programs. I think that 
any program should not just stand in and of itself. There 
should be a constant review and constant process of improvement 
to both see whether or not we are meeting the congressional 
intent and whether or not we are meeting the needs of those 
individuals that it is designed to serve.
    Then I would also, for me I would also lean in heavily to 
look at what the capacity and capability FEMA has to be on the 
ground, to ensure that there is a great understanding as to how 
these programs are to be rolled out. That connection with the 
State is extremely important. The State has an extremely 
important role as far as understanding those local communities, 
and FEMA has to understand the impact that storms and floods 
have on those local members in that community so that we can 
understand that they may not have documentation readily 
available and that we can help them navigate through technical 
assistance and perhaps FEMA integration teams to help them 
navigate sometimes what is very complex issues.
    Senator Hawley. Very good. Thank you for that. Let me ask 
you this. Will you commit, if you are confirmed, to making sure 
that you do everything within your power to see that FEMA's 
resources and its aid is distributed strictly on the basis of 
need, that it goes to those who need it, that it goes to those 
who are in danger, who are out of their homes or otherwise 
qualify for it, and that it is not distributed based on any 
other factor? Can you commit to that?
    Mr. Hooks. Sir, I certainly can commit to ensure that any 
programs that I am responsible for or responsible for having 
input to are addressed equitably and meet the congressional 
intent. So yes, sir.
    Senator Hawley. Good. I raise this issue because the Senate 
has considered substantial legislation recently in which my 
friends on the other side of the aisle have tried to impose 
what they call equity requirements on the distribution of 
government funds, sometimes on the basis of race or other 
categories that, frankly, are treated, under Federal law, where 
our Federal law and our Federal Constitution says you cannot 
target aid on the basis of race. You cannot target aid on the 
basis of gender. It is supposed to be done on the basis of 
need. It is supposed to be done on the basis of race-neutral, 
race gender terms.
    That has been our constitutional law for many years, and I 
am frankly worried about a situation in which we see FEMA 
giving resources, pursuing some sort of social agenda when 
people in my State, whatever their racial background, wherever 
they are geographically in my State, whether they are in urban 
areas or rural areas or the middle of the State or the north of 
the State, I do not care where. But if they are in need, I want 
to make sure FEMA is responsive to them, that FEMA is working 
with them, and that FEMA is not distracted by some other agenda 
that does not actually have something to do with helping people 
who are in the midst of a disaster.
    Can you commit to me that you will help FEMA keep focused 
on its mission to help those, particularly in the midst of a 
disaster, to get the aid that they need and to get the response 
that they need, wherever they live, whatever their background 
is, whatever their personal circumstances may be.
    Mr. Hooks. Thank you, Senator. I can commit to work 
tirelessly to ensure that all FEMA programs reach the intended 
recipients as specified by law.
    Senator Hawley. Very good. Mr. Kubayanda, let me turn to 
you here, just briefly in the time that we have remaining. I 
want to raise an issue that is important to me about postal 
service in rural communities. My State has many, many rural 
communities, the State of Missouri. I grew up in a rural 
community. It is important to me that we make sure that the 
Postal Service continues to fulfill its mission to deliver the 
mail to those rural communities, to make sure that the lifeline 
that the Postal Service represents to those rural communities--
and by the way, in my State that is north, south, east and 
west. We have rural communities all over the State, in every 
area of the State, and I want to make sure that the Postal 
Service continues to provide the services that those 
communities rely on.
    Let me ask you specifically about what I think is an 
important piece of legislation that I am proud to co-sponsor 
with the Chairman, which is the Postal Service Reform Act. I 
think it is important, and this act would help to make sure 
that we secure 6-day service, protect rural delivery, and 
ensure that every American, including those in rural 
communities, have reliable and uninterrupted access to the 
mail.
    I wonder if you have had an opportunity to review this 
legislation and if you support it.
    Mr. Kubayanda. I am familiar with the legislation and I 
think it would be a very positive step. It is long overdue, 
frankly, and I think it would be a step forward.
    I am a former resident of both Joplin and St. Louis, as a 
child, and so I am familiar with a lot of those issues in rural 
Missouri myself, and I think this legislation will help advance 
the ball in terms of addressing those issues.
    Senator Hawley. Good. Thank you very much for that. My time 
has expired. I might have another question or two for you in 
this vein, but I appreciate that. Thanks to all of you for 
being here, and thank you, Mr. Chairman.
    Chairman Peters. Thank you, Senator Hawley.
    Senator Rosen, you are now recognized for your questions.

               OPENING STATEMENT OF SENATOR ROSEN

    Senator Rosen. Thank you, Chair Peters, Ranking Member 
Portman, and for all the nominees here today your commitment to 
serve your country. I am going to get right after it, building 
upon some things that Senator Padilla and I know others have 
spoken about, wildfires and FEMA assistance, because this year 
we have seen over 49,000 wildfires burn over 6.5 million acres 
of land, including several in Nevada like the Tamarack and 
Caldor Fires.
    FEMA has several programs to assist communities, both 
before and after wildfires, particularly in the Fire Management 
Assistance Grant (FMAG). That program has been vital for many 
communities as they recovery.
    However, I have been hearing from our State constituents 
that the current criteria for FMAG is too restrictive for rural 
communities. These areas may be smaller in population but they 
rely heavily on the land for their livelihood, from mining to 
ranching, outdoor recreation, and so without assistance from 
FEMA it is much harder for these communities to quickly respond 
and recover from a wildfire.
    Mr. Hooks, if confirmed, will you work with me to re-
evaluate, possibly change the FMAG formula to make it more 
accessible to rural communities like mine when we are facing, 
of course, increasing threats due to wildfires and drought?
    Mr. Hooks. Thank you for your question, Senator. If 
confirmed, I do commit to work with you and your staff about 
learning the challenges that you particularly face in Nevada 
and any other State, as far as our programs and whether or not 
it is a capacity or capability or whether or not there is some 
additional reauthorization or some work that needs to be done. 
I do commit to work with you on the concerns that you have 
brought forward.
    Senator Rosen. Thank you. I look forward to that, because 
we need to find maybe some new ideas to assist our more remote, 
frontier communities as well.
    Now I would like to move on to something else that really 
impacts Nevada, which is our Urban Area Security Initiative 
(UASI) grants. I want to talk to you about our Urban Area 
Security Initiative, which really protects the city of Las 
Vegas and surrounding communities and the critical 
infrastructure that supports our tourism economy.
    Recently FEMA undertook what the agency, on its website, 
calls the, and I am going to quote here, ``comprehensive, 
coordinated, and collaborative review,'' end quote, of UASI 
risk methodology including soliciting feedback from 
stakeholders to develop modifications to the methodology.
    I am really pleased to see this because we know the threats 
continually change and we need to be adapting along with it. I 
am pleased to see this, as Administrator Criswell committed to 
me when we spoke earlier, that FEMA would be meaningfully 
involved in examining UASI's methodology.
    We have to be sure that for Nevada the purpose of UASI, to 
enhance our preparedness, our capabilities in high-threat, 
high-density areas like the city of Las Vegas and other cities 
like that are really protected.
    We were able to double the UASI grant when I was in the 
House of Representatives, from $2.5 million to $5 million. The 
funding has remained steady since. But it is not a lot of money 
compared to what some of the larger coastal cities receive, and 
Las Vegas depends on that money to keep residents safe and our 
over 50 million tourists a year safe.
    Mr. Hooks, if you are confirmed, will you ensure that 
cities like Las Vegas can count on at least level funding for 
UASI, either by using the fiscal year 2020 numbers? If we end 
up using the--sorry, I got it wrong. We do not want to use the 
2020 numbers. Las Vegas was shut down because of the pandemic. 
We want to rely on the numbers from 2019, because the pandemic, 
of course, was an anomaly, and we want to be sure that we have 
level funding going forward.
    Our security and safety should not suffer because of COVID-
19 closures, and so can you commit to me to work with us, all 
of us who get UASI grants, on being sure that the numbers are 
reflective of 2019 and not what happened in 2020, due to the 
pandemic?
    Mr. Hooks. Yes. Thank you, Senator. Thank you for the 
question. I do have great experience working with the UASI 
program as the State Administrative Agent and Homeland Security 
Advisor of North Carolina. We also had a UASI in Charlotte, 
North Carolina, as well. If confirmed, I look forward to seeing 
how FEMA is evaluating that process, and again, I know that 
Administrator Criswell is very much on top of this as she has 
arrived in her position as the lead, ahead of me is coming 
there as her Deputy, if confirmed, during this process.
    I look very much forward to working with you on the 
challenges that impact the UASI funding because they are 
critical to maintaining the safety of our States and ultimately 
our Nation.
    Senator Rosen. I totally agree with you, and we do know, of 
course, that the threats are ever-expanding, diversifying, 
cyber threats and the like. How often do you think the metrics 
should be reviewed and updated for the UASI grants? As we move 
forward, looking at these formulas, how often should they be 
reviewed, updated, and be sure that they are working for every 
community that they will need to protect?
    Mr. Hooks. Again, thank you for the question, Senator. As 
far as formal updates, coming from external from FEMA I cannot 
specifically say how often they should be updated, but I 
believe that as threats emerge and different threats take place 
that there should be a constant process of review, because we 
have new threats that are emergent, both domestically and 
internationally, and we also have additional infrastructure 
being built every day. We have to constantly evaluate that, and 
FEMA cannot do that alone. FEMA has to do that in conjunction 
with our sister agency of CISA, has to do it with our sister 
agency of the U.S. Secret Service (USSS), and many other 
partners, the Federal Bureau of Investigation (FBI) and many 
other intelligence agencies as well as the military to get a 
firm grasp on what the threats are and to address, from an all-
hazards approach. So that process is always ongoing, even if 
the formal evaluation does not regularly change, because you do 
not want to change programs every other month or so. But it has 
to be a dynamically changing review.
    Senator Rosen. Thank you. I see my time has just about 
expired so I am going to submit a question for the record about 
extreme heat. Las Vegas is the fastest-warming city in the 
country. That creates a lot of disaster issues, particularly 
for our rural, low-income, underserved communities, and I would 
like to have a conversation with you about the impacts of 
extreme heat and how FEMA can help us there.
    Thank you, Mr. Chair.
    Chairman Peters. Thank you, Senator Rosen.
    We had a question for Judge Scott and Mr. Tunnage. The D.C. 
Superior Court handles, as you know, a very high volume of 
cases, and vacancies on the bench have created a considerable 
backlog of cases. I think Members of the Committee would like 
to hear from each of you that if confirmed, how will you manage 
your caseload efficiently while also ensuring that each person 
that comes before you has a meaningful opportunity to be heard?
    We can start with Judge Scott, if you could answer that 
question first, and then Mr. Tunnage answer it, I would 
appreciate it.
    Judge Scott. Thank you, Chairman, for the question. As you 
mentioned and as others have mentioned, the D.C. Superior Court 
has quite a few vacancies. Currently there are approximately 15 
vacancies on our court, and I suspect that more will come 
because of the retirements of my colleagues.
    Certainly, Chairman, the Committee scheduling these 
hearings and the nominees being confirmed will certainly assist 
with the backlog as the court will have more able bodies to 
deal with the pending cases. Also, although the court has 
continued to operate during the pandemic, hearings in our 
division of the court were handled virtually and jury trials 
were suspended. I am happy to report, Senator, that jury trials 
in both our Civil and Criminal Divisions are being scheduled, 
and in my perspective this will certainly address the current 
backlog.
    In terms of what I can do, it begins, quite frankly, in the 
courtroom. What I can do, and should I have the honor of being 
confirmed, is to hold attorneys and even those pro se litigants 
who come before me accountable. That means setting deadlines 
very early in my cases and holding the parties accountable to 
those deadlines. I know that there is concern about requests 
for continuances, and I can assure the Committee and my 
colleagues on the court that I would set early deadlines. I 
would require parties to request continuances well before the 
hearing or the trial at issue, and be prepared to respond to 
any questions that I may have regarding the continuances.
    Last, Chairman, it is very important that I myself am 
prepared. I can commit to do what I have been doing as a 
magistrate judge, and that is to take the bench having read the 
case, having read the procedural posture, and being very 
familiar with the issues before me so that I am not the reason 
for delaying.
    Senator, I am confident that with these items that I 
mentioned the court can address the backlog and I can assist 
with decreasing the backlog. Thank you.
    Chairman Peters. Thank you, Judge Scott. Mr. Tunnage, your 
answer please.
    Mr. Tunnage. Thank you, Mr. Chairman. I would like to start 
by saying I agree with Judge Scott. First, I think the primary 
obligation--well, the first obligations is for me to be 
prepared, and I think that also ties into the second part of 
your question regarding litigants being fully heard.
    Part of my preparation, if I am fortunate and granted 
confirmation as an Associate Judge, would be to actually fully 
hear all litigants, and part of fully hearing all litigants is 
reviewing and reading and analyzing submission of all parties 
without favor or bias.
    I think the one thing that I could do to help any backlog 
would be to hit the ground running. I think that my training 
and my experience as a career attorney in the Justice 
Department has brought exposure in Federal district courts 
throughout the country where I have seen trial judges in quite 
a few jurisdictions, and I have seen what works and what does 
not. I have seen what works really well. I think I could bring 
those experiences and those practice experiences to bear if I 
were fortunate to be confirmed.
    Finally, I do think that because of the national emergency 
brought on by the COVID virus the Justice Department, and the 
criminal justice system in general, had to adapt and actually 
continue its services. I think there were procedures that were 
implemented during that emergency that actually have increased 
efficiency in the courts, and I would like to continue those if 
I am confirmed as a judge, to help ease the backlog by moving 
cases more quickly and some hearings more expeditiously.
    Chairman Peters. Thank you. I would like to take an 
opportunity to thank each of our nominees once again for being 
here before the Committee, congratulate each of you on your 
nominations and your willingness to take on these very tough 
jobs. I also want to thank you for your thoughtful answers to 
questions from Members of this Committee.
    All five nominees have made financial disclosures\1\ and 
provided the required responses to biographical\2\ and pre-
hearing questions\3\ submitted by this Committee. Without 
objection, this information will be made part of the hearing 
record,\4\ with the exception of the financial data,\5\ which 
is on file and available for public inspection in the Committee 
offices.
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    \1\ The information for Mr. Hooks appear in the Appendix on page 
43.
    \2\ The information for Mr. Kubayanda appear in the Appendix on 
page 106.
    \3\ The information for Ms. Blatchford appear in the Appendix on 
page 177.
    \4\ The information for Judge Scott appear in the Appendix on page 
225.
    \5\ The information for Mr. Tunnage appear in the Appendix on page 
249.
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    The hearing record will remain open until 12 p.m. tomorrow, 
November 19th, for the submission of Statements and questions 
for the record.
    This hearing is now adjourned.
    [Whereupon, at 12:11 p.m., the hearing was adjourned.]


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