U.S. GOVERNMENT PUBLISHING OFFICE

28–202 PDF WASHINGTON : 2018

S. Hrg. 115–358 

NOMINATIONS OF DANIEL J. KANIEWSKI AND 

JONATHAN H. PITTMAN 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF DANIEL J. KANIEWSKI TO BE DEPUTY 

ADMINISTRATOR FOR PROTECTION AND NATIONAL PREPAREDNESS, 

FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S DEPARTMENT OF 

HOMELAND SECURITY AND JONATHAN H. PITTMAN TO BE AN 

ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

SEPTEMBER 12, 2017 

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

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

JON TESTER, Montana 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

KAMALA D. HARRIS, California 

CHRISTOPHER R. HIXON, Staff Director 

GABRIELLE D’ADAMO SINGER, Chief Counsel 

MARGARET E. DAUM, Minority Staff Director 

DONALD K. SHERMAN, Minority Senior Counsel 

LAURA W. KILBRIDE, Chief Clerk 

BONNI E. DINERSTEIN, Hearing Clerk 
(III) 

C O N T E N T S 

Opening statements: Page 

Senator Lankford .............................................................................................. 1 

Senator Heitkamp ............................................................................................ 2 

Senator Harris .................................................................................................. 7 

Senator Hassan ................................................................................................. 10 

Senator Peters .................................................................................................. 12 

Senator Daines ................................................................................................. 18 

Prepared statements: 

Senator Lankford .............................................................................................. 23 

Senator Heitkamp ............................................................................................ 25 

Hon. Eleanor Holmes Norton .......................................................................... 26 

WITNESSES 

TUESDAY, SEPTEMBER 12, 2017 

Daniel J. Kaniewski to be Deputy Administrator for Protection and National 

Preparedness, Federal Emergency Management Agency, U.S. Department 

of Homeland Security 

Testimony .......................................................................................................... 4 

Prepared statement .......................................................................................... 27 

Biographical and financial information .......................................................... 29 

Letter from the Office of Government Ethics ................................................. 41 

Responses to pre-hearing questions ................................................................ 45 

Responses to post-hearing questions .............................................................. 61 

Letters of support ............................................................................................. 65 

Jonathan H. Pittman to be an Associate Judge, Superior Court of the District 

of Columbia 

Testimony .......................................................................................................... 6 

Prepared statement .......................................................................................... 78 

Biographical and financial information .......................................................... 79 

(1) 

1The prepared statement of Senator Lankford appears in the Appendix on page 23. 

NOMINATIONS OF DANIEL J. KANIEWSKI AND 

JONATHAN H. PITTMAN 

TUESDAY, SEPTEMBER 12, 2017 

U.S. SENATE, COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 10:17 a.m., in room 

SD–342, Dirksen Senate Office Building, Hon. James Lankford presiding. 

Present: Senators Johnson, Lankford, Daines, McCaskill, Carper, 

Tester, Heitkamp, Peters, Hassan, and Harris. 

OPENING STATEMENT OF SENATOR LANKFORD1

Senator LANKFORD. Good morning. I am glad everybody is here. 

Today, we will consider the nomination of Daniel Kaniewski to be 

Deputy Administrator of the Federal Emergency Management 

Agency (FEMA) for Protection and National Preparedness (PNP) as 

well as the nomination of Jonathan Pittman for the position of Associate Judge in the Superior Court of the District of Columbia. 

The Committee takes these two nominations very seriously, 

rightfully so. We are pleased to have two strong nominees before 

us. 

The Federal Emergency Management Agency serves our citizens 

and first responders by coordinating Federal and nongovernmental 

resources to prepare for, protect against, respond to, and recover 

from domestic disasters. It is essential that we have strong leadership in place at FEMA to fully support our communities in the 

times of disaster, times like right now of things that are going on. 

That is why it makes it exceptionally important not only that we 

have all personal at FEMA in place, but Mr. Kaniewski’s position 

specifically deals with disaster preparedness, so it is getting ready 

for the next disaster that may be coming to us. 

Daniel Kaniewski received his undergraduate degree and Ph.D. 

from George Washington University, a master’s degree from 

Georgetown University. Mr. Kaniewski has had an impressive career in both public and private sector. It makes him well qualified 

to serve in this role that he is nominated for at FEMA. This includes serving as a Special Assistant to the President for Homeland 

Security; Senior Director of Response Policy; Mission Area Director 

for Resilience for the Homeland Security Studies and Analysis Institute; Vice President for Global Resilience for AIR Worldwide, a 
2 

1Letters of support for Mr. Kaniewski appear in the Appendix on page 65. 

2The prepared statement of Senator Heitkamp appears in the Appendix on page 25. 

catastrophic risk modeling and consulting firm; and as a Commissioner for the District of Columbia Homeland Security Commission. 

I have spoken to Mr. Kaniewski’s colleagues and affiliates who 

all speak very highly of him. They talk about his competence, his 

skill, and his work ethic. 

Two former FEMA Administrators with the Obama Administration and former DHS Secretary Michael Chertoff have submitted 

written comments in support of Mr. Kaniewski’s nomination. His 

nomination is supported by both the National and International 

Association for Emergency Managers.1

The Committee is confident Mr. Kaniewski is qualified to be the 

Deputy Administrator for National Preparedness, which would 

mean for the next disaster, when it happens, we will be perfectly 

prepared because you will be in place. No pressure. [Laughter.] 

Mr. Pittman received a bachelor of arts degree from Vassar College and a law degree from Vanderbilt University. After graduation, Mr. Pittman clerked for the Honorable John A. Terry, an Associate Judge on the District of Columbia Court of Appeals. Following his clerkmanship, Mr. Pittman practiced law at the firm 

Crowell & Moring and then later joined the Civil Litigation Division in the Office of the Attorney General (OAG) for the District 

of Columbia, where he currently serves as Acting Assistant Deputy 

Attorney General. 

Committee staff reached out to numerous colleagues—and I do 

mean numerous, Mr. Pittman—and the comments were uniformly 

positive, with specific praise given to his decency, his professional 

manner, his strong analytical skills, and superb writing. 

Staff interviewed both nominees on an array of issues, and each 

has thoughtfully and completely and competently answered each 

question. 

To date, the Committee has found you to be qualified for the position you have been nominated. I look forward to speaking with 

both of you more today on your experience and accomplishments, 

how you intend to bring them to bear for FEMA and for the District of Columbia. 

I now recognize the Ranking Member, Heidi Heitkamp, for opening statement. 

OPENING STATEMENT OF SENATOR HEITKAMP2

Senator HEITKAMP. Thank you, Chairman Lankford. 

I want to begin by saying that our thoughts and prayers are with 

the people of Texas, Florida, the Caribbean, Louisiana, and elsewhere who are currently recovering from the devastation caused by 

Hurricanes Harvey and Irma. 

The road to recovery will not be easy, but the good and brave 

work that is being done first by our local responders, everyday citizens as well as the men and women of FEMA, is a testament, I 

think, to America’s strength and resiliency. 

The devastating reminds us of FEMA’s critical mission to save 

and protect lives and help communities recover, and the Deputy 
3 

Administrator for Protection and National Preparedness position 

plays a critical role in achieving this goal. 

If confirmed, Dr. Kaniewski, you would oversee the Grants Program, which administers the Federal assistance grants in an effort 

to improve emergency preparedness in our country and national 

preparedness in our country and national preparedness directive, 

which provides doctrine, programs, resources, and training that is 

necessary to prevent, protect against, mitigate, respond to, and recover from disasters. 

I appreciate the expertise you bring from the public, private, and 

academic sectors, and the high regard that the emergency management establishment holds for you and your understanding of the 

importance of engaging a diverse group of stakeholders on FEMA’s 

initiatives and fostering relationships, most importantly, with State 

and local partners. 

I look forward to learning more about your qualifications and 

your desire to serve. 

We also have the privilege today of considering a nominee for the 

Superior Court of the District of Columbia. Jonathan Pittman currently serves as Assistant Deputy Attorney General for the District 

of Columbia and heads up the Civil Litigation Division. As Assistant Deputy, Mr. Pittman oversees the day-to-day operations of the 

division to develop strategy and court documents for significant 

cases, advises D.C. officials, manages the division’s staff and attorneys, and prepares post-litigation reports and appellate material. 

Mr. Pittman, we truly do appreciate your willingness and interest in serving as a judge, and we look forward to learning more 

about your qualifications. 

We also want to acknowledge a special guest, and obviously, I am 

speaking to your incredible qualifications. The Chief Judge Robert 

Morin is here with us, Chief Judge of the Superior Court. I know 

how incredibly busy that court is, and it speaks volumes to us here 

on this side of the dais that you are willing to take time out of your 

schedule to support this candidate. 

I think collegiality on the courts among the judges is so critical 

to making sure that the best and brightest continue to participate, 

so thank you, Chief Judge, for joining us. 

So I want to thank both of the nominees for their willingness to 

serve the citizens of this great country, and I look forward to your 

testimony. 

Thank you, Mr. Chairman. 

Senator LANKFORD. It is the custom of this Committee to swear 

in all witnesses that appear before us, so if you would both please 

stand and raise your right hand. Do you swear the testimony you 

are about to give before this Committee will be the truth, the whole 

truth, and nothing but the truth, so help you, God? 

Mr. KANIEWSKI. I do. 

Mr. PITTMAN. I do. 

Senator LANKFORD. Thank you. You may be seated. 

Let the record reflect that both witnesses have answered in the 

affirmative. 

Mr. Kaniewski, we are going to begin with you for opening statements. We would be honored if you would also introduce any family 
4 

1The prepared statement of Mr. Kaniewski appears in the Appendix on page 27. 

or guests that you brought with you today as a part of your opening statement and be glad to be able to receive that statement now. 

TESTIMONY OF DANIEL J. KANIEWSKI,1 NOMINATED TO BE 

DEPUTY ADMINISTRATOR FOR PROTECTION AND NATIONAL 

PREPAREDNESS, FEDERAL EMERGENCY MANAGEMENT 

AGENCY, U.S. DEPARTMENT OF HOMELAND SECURITY 

Mr. KANIEWSKI. Chairman Lankford, Chairman Johnson, Ranking Member Heitkamp, thank you for having me here today. 

I am Daniel Kaniewski, and I am delighted to appear before you 

regarding my nomination as Deputy Administrator for Protection 

and National Preparedness at the Federal Emergency Management 

Agency. 

Before I begin, I would like to acknowledge those impacted by 

Hurricanes Harvey and Irma. Our prayers go out to those who 

have suffered, and I would also like to acknowledge those Federal, 

State, and local responders who have been working tirelessly, in 

many cases, for back-to-back disasters, including those dedicated 

staff at FEMA who, if confirmed, I hope to join and support. 

My father, Wayne, and my brother, Bob, are seated behind me 

here today. My mother is away and watching online. Hello, Mom. 

I would also like to thank President Trump, former Secretary John 

Kelly, and Acting Secretary Elaine Duke for supporting my nomination for this position. 

I have spent my entire career in homeland security and emergency management, and I would like to take this opportunity to 

briefly describe my qualifications for this position. 

As I sit here today, I vividly remember the morning of 9/11, 

where from the press gallery atop the United States Capitol, I 

watched with disbelief the smoke rising from the Pentagon. Later, 

we would learn that we were in the bull’s-eye for the 9/11 hijackers. 

I also think back to August 2005 when, shortly after I had joined 

the White House, Hurricane Katrina roared ashore. There, I witnessed firsthand the failed response to that disaster and subsequently became co-author for the Federal report ‘‘The Federal Response to Hurricane Katrina: Lessons Learned’’ and oversaw the 

implementation of those lessons over my 3 years there. Both of 

these experiences reaffirmed my belief that this is the field that I 

would dedicate my career. 

It is, thus, an honor to be here today and answer your questions 

for this critically important role at an agency that has shaped my 

professional development. 

For the past 20 years, I have focused on efforts to better prepare 

governments and citizens for natural and manmade disasters. I 

began my career as a firefighter paramedic in 1996. In that role, 

I learned firsthand the need for preparing for major incidents, and 

I subsequently earned a degree in emergency medical services, became certified as a paramedic, and engaged on these policy issues 

with several governmental and non-governmental organizations. 

As Special Assistant to the President for Homeland Security and 

Senior Director for Response Policy in the George W. Bush Admin-
5 

istration, I advised the President and senior White House staff during domestic incidents and coordinated interagency emergency 

management policies. I oversaw the disaster declaration process for 

over 200 Presidentially declared disasters. 

I have also analyzed emergency management polices at think 

tanks and in academia. At George Washington University, I was an 

assistant vice president for homeland security and deputy director 

of the Homeland Security Policy Institute. In that capacity, I contributed to contemporary homeland security and emergency management policy through publications and media appearances and 

task forces. 

I also taught emergency management at George Washington 

University and national security courses at the Georgetown University School of Foreign Service. 

I closely supported FEMA for 3 years as Mission Area Director 

for Resilience and Emergency Preparedness and Response at a federally funded research and development center supporting the Department of Homeland Security. There, I was the senior executive 

responsible for emergency management, infrastructure protection 

and resilience, and cybersecurity. 

I currently lead the resilience practice at a catastrophe risk modeling and consulting firm, AIR Worldwide. My practice identifies 

and quantifies risks to populations and infrastructure, evaluates 

mitigation strategies, informs disaster finance programs, all with a 

goal of making society more resilient for disasters. 

In addition to my full-time employment, I have also held relevant 

pro bono positions. I recently completed a 4-year term as part of 

the D.C. Homeland Security Commission, where I advised the city 

on homeland security and emergency management policies. I am 

also a cyber fellow at the Center for Cyber and Homeland Security, 

where I contribute to homeland security and emergency management topics. 

In conclusion, thank you for your consideration of my nomination 

. If confirmed, I will work tirelessly to help prepare governments, 

communities, and individuals for man-made and natural disasters. 

Leading FEMA’s preparedness programs would be the culmination 

of many experiences in my career in homeland security and emergency management, and I can think of no higher honor than serving the American people, FEMA, and its stakeholders to enhance 

the Nation’s preparedness for disasters. 

Thank you. 

Senator LANKFORD. Thank you. 

Mr. Pittman, also be honored if you would introduce any family 

or guests that you may have and then also receive your opening 

statement. 
6 

1The prepared statement of Mr. Pittman appears in the Appendix on page 78. 

2The letter from Congresswoman Norton appears in the Appendix on page 26. 

TESTIMONY OF JONATHAN H. PITTMAN,1 NOMINATED TO BE 

AN ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT 

OF COLUMBIA 

Mr. PITTMAN. Thank you, Mr. Chairman. My parents are sitting 

behind me, as are many friends and relatives, so I acknowledge 

them. 

Mr. Chairman and Members of the Committee, I am deeply 

grateful to you for the opportunity to appear before you as you consider my nomination to be an Associate Judge of the Superior 

Court of the District of Columbia. It is a great honor and very 

humbling to be recommended for this position. 

I would like to thank the Judicial Nomination Commission and 

its Chair, Judge Emmet Sullivan, who is here today, for recommending me to the White House, and I would like to thank the 

President for nominating me. 

I also would like to thank Congresswoman Norton, who, although 

she could not attend today, submitted a statement2 on my behalf. 

Finally, I would like to express my sincere thanks and appreciation to this Committee, Members, and your staff for their hard 

work and for considering my nomination so carefully and expeditiously. 

I would also like to acknowledge and thank my wife, Wendy 

Smith, who is sitting behind me, for her encouragement in my pursuing public service and for her unwavering support. Without her 

love and support, I would not be sitting here today. 

I also thank my parents, Fred and Joan Pittman, who are here 

today from South Carolina, for their guidance and support during 

my entire life. They taught me to work hard, strive for excellence, 

and always treat everyone with dignity and respect. 

I would also like to acknowledge my stepson, Spencer Smith, who 

has taken time away from his preparation for the Law School Admissions Test to travel here today from Massachusetts, and my 

daughters, Anna Kate and Louisa, both of whom are in school 

today. 

Finally, I would like to acknowledge the many friends and colleagues who have mentored and supported me throughout my career, and I appreciate that many of them are here today. 

I moved to the District of Columbia 27 years ago, after graduating from Vanderbilt Law School, to begin my law career as a 

law clerk to the Honorable John A. Terry of the District of Columbia Court of Appeals. 

I then joined Crowell & Moring, a large law firm here in the District, where I worked with and learned from some of the finest lawyers in the country. During my more than 20 years in private practice handling complex civil litigation, I appeared before excellent 

trial and appellate court judges all over the country, and I am 

thankful for that experience. 

Since 2012, I have had the honor and privilege of serving the citizens of the District of Columbia under two Attorneys General for 

the District, first under Mr. Irvin Nathan and more recently under 

Mr. Karl Racine, who is also here today. 
7 

I have served as a section chief in the Civil Litigation Division, 

which defends the District of Columbia and its employees in civil 

litigation in the Superior Court as well as in the United States 

Court for the District of Columbia. 

More recently, I have served as the Assistant Deputy Attorney 

General for the Civil Litigation Division, where I assist the Deputy 

Attorney General in managing the operation of the division. 

My deep respect for the rule of law began with my clerkship with 

Judge Terry and continues to this day. My experience with Judge 

Terry and the many judges I have appeared before over the years 

has given me an appreciation of the skill, dedication, and patience 

that is required to be a successful judge. 

If I am fortunate enough to be confirmed, I will commit to treating all parties with dignity and respect, to ensuring that all parties 

have an opportunity to present their case, and to making thoughtful and timely decisions. 

Thank you again for considering my nomination, and I look forward to answering any questions that you have. 

Senator LANKFORD. Thank you. Thanks to both of you and your 

families that are here. 

There are three questions that we ask all nominees. I am going 

to ask all three of these questions to you, and then myself and the 

Ranking Member are going to defer to some of the other Members 

to be able to ask questions first after that. 

So let me give you three quick questions. I will ask one question 

and then ask both of you to be able to answer it, yes or no. 

First question. Is there anything that you are aware of in your 

background that might present a conflict of interest with the duties 

of the office to which you have been nominated? Mr. Kaniewski. 

Mr. KANIEWSKI. No. 

Senator LANKFORD. Mr. Pittman. 

Mr. PITTMAN. No. 

Senator LANKFORD. Do you know of anything personal or otherwise that would in any way prevent you from fully and honorably 

discharging the responsibilities of the office to which you have been 

nominated? Mr. Kaniewski. 

Mr. KANIEWSKI. No. 

Senator LANKFORD. Mr. Pittman. 

Mr. PITTMAN. No. 

Senator LANKFORD. Do you agree, without reservation, to comply 

with any request or summons to appear and testify before any duly 

constituted committee of Congress if you are confirmed? Mr. 

Kaniewski. 

Mr. KANIEWSKI. Yes. 

Senator LANKFORD. Mr. Pittman. 

Mr. PITTMAN. Yes. 

Senator LANKFORD. Thank you. 

I would now recognize Senator Harris for opening questions. 

OPENING STATEMENT OF SENATOR HARRIS 

Senator HARRIS. Thank you. 

Mr. Kaniewski, I want to talk with you about something that 

most of the West Coast States are experiencing right now, which 

is our States are burning. I have had this conversation with Sen-
8 

ator Tester, have had this conversation with my colleagues from 

Washington State, Oregon, and Montana. 

In California, in particular, wildfires are posing a great risk to 

our State. There are a currently nine major wildfires in California 

that are burning, and together, they have burned already more 

than 250,000 acres. 

When we look at it—that is in addition to more than 6,400 fires 

that have flared up in California from January through Labor Day 

alone, which is more than all of 2016 in terms of what we experienced. So California and other western States have come to expect 

this, and it seems that every wildfire season has been more destructive than the last. 

To what do you attribute this change? 

Mr. KANIEWSKI. So, first, let me acknowledge that as a former 

firefighter—— 

Senator HARRIS. Yes. 

Mr. KANIEWSKI [continuing]. I truly do understand the threat of 

wildfire and the need to prepare for these types of events. 

I do not know that I can attribute exactly what is happening 

now. I can certainly acknowledge that this appears to be a historic 

fire season, and that there are a number of efforts that, in my 

mind, could be undertaken. And it is not clear to me if the Federal 

Government is currently doing those. 

Should I be confirmed, I would, of course, be very interested to 

learn how FEMA is working with other Federal partners, such as 

the Department of Agriculture (USDA) and Department of Interior 

(DOI), on fire. 

Speaking personally, fire is clearly a priority for me. 

Senator HARRIS. Yes. 

Mr. KANIEWSKI. And whether it be back from my fire service 

time or more recently understanding the wildland-urban interface, 

for example, I think there are some critical issues that we need to 

dive into. 

Senator HARRIS. Yes. 

Mr. KANIEWSKI. And I commit to you that should I be confirmed, 

those will be a priority for me. 

Senator HARRIS. And thank you, and I appreciate that. 

My brother-in-law is a firefighter, and I appreciate your service 

and the sacrifice in doing that work. 

Tell me, what is your thought about a deforestation as an element of the issue? 

Mr. KANIEWSKI. Sure. So deforestation, I am sure is a contributing factor. It is not something that I have studied in depth. 

My focus at FEMA would be to develop preparedness programs 

and make sure those preparedness programs are effectively delivered based on stakeholder needs, so make sure that they are tailored to needs of individual locations. It could be State and local 

communities, for example, or particular areas that are hard hit by 

wildfires. 

If confirmed, we at FEMA need to make sure we are supporting 

your local responders in those firefighting efforts. 

Senator HARRIS. I appreciate that, and that is important to California. And I look forward to working with you to help make that 

a possibility of working with local firefighters. 
9 

And then, Mr. Pittman, thank you for your service so far. 

Tell me something. I know that Washington, D.C., has instituted 

bail reform and has at least replaced or given greater emphasis to 

risk assessment than to an accused’s ability to pay, to be released 

from jail pending trial. What are your thoughts about that as a 

model for the country? 

Mr. PITTMAN. As you may know, I do not really practice in the 

criminal area, so my knowledge in this subject matter is limited. 

But my sense is that it is a very good idea. I know the Superior 

Court has done away, essentially, with bail, as I understand it, and 

as someone from the outside looking in, it seems to be working. So 

I would, I think, encourage other States and jurisdictions to look 

into that. 

Senator HARRIS. And to the point of what your career has been 

thus far, how do you imagine you are going to make the transition 

into a system that will involve a high volume of cases every day, 

litigants coming in often without attorneys and mostly without attorneys? What do you imagine to be the challenges for that new position? 

Mr. PITTMAN. Managing the caseloads. 

To the extent I am put on a division of the court that is not an 

area where I have practiced substantively, I believe that there 

would be a learning curve, as there is with any new judge. 

We manage a very significant caseload in the Civil Litigation Division, as it is, and so I am familiar with fast-moving large caseloads. 

Pro se litigants, we deal with pro se litigants as opponents as opposed to litigants appearing before us, but I am also used to that 

as well. 

Senator HARRIS. And can you tell me what in your experiences 

will prepare you for those types of disputes? Because the vast majority of the cases you will hear, if confirmed, involve low-income 

D.C. residents, their domestic violence cases, landlord-tenant cases, 

things of that nature, and again, they will not be represented by 

counsel. How do you propose to get to know this population that 

will be before you, if you do not already? 

Mr. PITTMAN. Well, I have some experience with the population 

at least in the Civil Division to the extent they sue the District of 

Columbia. We have a lot of pro se litigants who do that. 

I think, as any judge, you need to learn the law in the area, to 

the extent you do not know it, and the most critical thing for any 

judge is to learn to gather the facts quickly, to make sure the litigants before you both provide you with the facts you need but critically understand the process. 

I would not, if I was confirmed, ever want somebody to come into 

my courtroom and leave without knowing exactly what happened, 

why I ruled the way I did, and so, as I manage a large caseload 

today, I need to learn how to gather the critical facts in those cases 

and get to the facts that are necessary for providing advice or decisions to the line attorneys. So I think that experience would be 

very helpful. 

Senator HARRIS. Right. And I will acknowledge that I think you 

mentioned earlier that Attorney General of the District of Columbia is in the audience, Karl Racine, who speaks highly of you. 
10 

Thank you. 

Mr. PITTMAN. Thank you, Senator. 

Senator LANKFORD. Senator Hassan. 

OPENING STATEMENT OF SENATOR HASSAN 

Senator HASSAN. Thank you, and thank you to the nominees for 

being here, and congratulations on your nominations. 

Mr. Kaniewski, I just wanted to start with you. Obviously, the 

timing of this hearing on your nomination is not a coincidence. 

Your services are going to be needed in order to help the survivors 

of Hurricanes Harvey and Irma, so I hope we can get you on the 

job as soon as possible. 

And while emergency response is a critical part of helping save 

the lives of those affected by hurricanes as powerful as the ones we 

have just seen, we have to continue also to work on prevention and 

mitigation efforts, so we can reduce the impact of future natural 

disasters on our infrastructure and on our people. 

As Governor of New Hampshire, I often found myself dealing 

with some flooded territories in our State, year after year. They 

would flood; we would cleanup. They would flood again; we would 

cleanup again. And Federal support only came in the aftermath of 

these crises, leaving it to our State to address the up-front investments in infrastructure that would help to mitigate the extreme effects of these disasters. 

So, consequently, we took steps to launch a hazard mitigation 

initiative in New Hampshire that would help us inventory our most 

at-risk locations during natural disasters and then help us to develop a way to target our limited resources more effectively. 

From my experience, our Federal programs may not be properly 

incentivizing our States to make the necessary investments in our 

infrastructure that would help us mitigate the long-term consequences of a disaster, and unfortunately, the President’s Budget 

Request for Fiscal Year (FY) 2018 dramatically cuts funding for 

pre-disaster mitigation. 

So can you talk to me about your approach to pre-disaster mitigation investments and whether you support a Federal role for 

incentivizing these kind of investments? 

Mr. KANIEWSKI. Thank you, Senator. 

First, congratulations on making, it sounds like, a concerted effort on risk assessment for flood and coming up with mitigation 

plans. 

Senator HASSAN. Yes. 

Mr. KANIEWSKI. Your community should be applauded for that. 

Second, my role, if confirmed, at FEMA would be the Preparedness Division, which focuses on planning, training, exercises, equipment to help those State and local officials do their job to prepare 

for future disasters. 

The thrust of your question is actually more relevant to the Federal Insurance and Mitigation Administration, which is outside of 

what would be my authority, should I be confirmed. 

But let me answer the question, even though that is—— 

Senator HASSAN. Yes. 
11 

Mr. KANIEWSKI [continuing]. That is not going to be my responsibility, per se. Let me say that, one, I am a huge advocate of mitigation. 

Senator HASSAN. Yep. 

Mr. KANIEWSKI. I believe that we as a government need to do a 

better job of assessing risks and quantifying those risks and having 

those informed mitigation programs and risk transfer programs. I 

can tell you that that is what I have done for the past year in the 

private sector, and I see a lot of value in what the insurance industry does to that end. 

And my goal, if confirmed, would be to bring some of those best 

practices into FEMA, make sure that FEMA understands how the 

private sector, such as the insurance industry, assesses risk, quantifies risk, mitigates risk, and transfers that risk as appropriate. 

Senator HASSAN. Thank you. 

And I would encourage you, too, just to avoid siloed thinking because I think we do better understanding that there is a division 

of responsibility here, but obviously, in your role, you could have 

a lot to do in terms of looking at pre-disaster mitigation policy at 

the Federal level. And we would appreciate it very much. 

Mr. Pittman, I often just start when I am talking with somebody 

about their desire to be a judge with asking the question: What 

brought you into the law, and why do you want to be a judge? 

Mr. PITTMAN. I was always interested in the law. I did not really 

know a whole lot about it. I think nobody does until they go to law 

school. 

I began my legal career in the Court of Appeals, but I started 

that clerkship really my first year of law school when I was invited 

to interview with Judge Terry. And I saw an oral argument in the 

D.C. Court of Appeals, and it brought to life that which I had been 

learning. And that is where it started. 

As I have practiced over the years, I have seen the influence and 

the importance of having good judges. I have had the good fortune 

to appear before many good judges. As a judge, you have the potential to have a huge impact on people’s lives, and the ability to do 

that and do it well and ensure that people have as positive outcomes as they can when they are involved in the judicial system 

is something I have always wanted to do. 

Senator HASSAN. Great. Thank you. 

I wanted to give you a chance to speak about something that you 

disclosed on your biographical questionnaire for the Committee. 

You disclosed that a paralegal who had previously worked in the 

Civil Litigation Division under your leadership filed a claim with 

the D.C. Office of Human Rights against the AG’s office for racial 

discrimination and failure to accommodate a disability. 

You also disclosed an incident involving this employee where the 

employee claims that you threatened him and called the police. 

I know that my staff and other staff members dug into this a bit 

and heard your side of things and found it quite compelling, so I 

just would like to give you the opportunity publicly to address 

those complaints. 

Mr. PITTMAN. Sure. And just to be clear, I did not call the police. 

This was a staff member. I was giving him his annual review. Por-
12 

tions of it were not satisfactory, and I did say that. He disputed 

that and was not happy about it. 

We had a somewhat heated conversation. I left, and the next 

thing I knew, he had called the police to claim that I had threatened him. The police quickly determined that there was nothing 

there. 

He later filed a complaint alleging that he had not been promoted because of racial discrimination. I can tell you that the Office of the Attorney General does not discriminate on the basis of 

race or anything else. I can tell you that the Office of the Attorney 

General investigated this up to the level of the Attorney General 

himself and found there to be no merit to the claim. 

I do not think I can add any more to the record, other than to 

say it is a meritless claim. 

Senator HASSAN. Thank you very much for that, and thank you 

both for your willingness to serve. 

Mr. PITTMAN. Thank you. 

Senator LANKFORD. Senator Peters. 

OPENING STATEMENT OF SENATOR PETERS 

Senator PETERS. Thank you, Mr. Chairman, and to our nominees, 

it is good to have you here before us. 

I would like to say at the onset, as I know a number of my colleagues have also expressed their concerns, about there are two 

hurricanes that have hit us and the tremendous damage that has 

been occurred, and certainly, our thoughts and prayers are with all 

those that have been impacted. 

And that means, Dr. Kaniewski, your testimony here today is 

even more important, given the fact that you will be working closely with something that is under my jurisdiction as well as the 

Ranking Member of the FEMA subcommittee, and if confirmed, I 

will look forward to having an opportunity to work very closely 

with you as we review FEMA’s operations as well as their performance with these two hurricanes, which so far from what I have 

heard have been getting good reviews. But it always is an opportunity for us to look for best practices and ways that we can make 

their performance even better. It seems as if we may see more 

large events occurring in the future based on climate change, and 

we need to be prepared for those contingencies. 

So let me start, though, asking you questions, Dr. Kaniewski, 

first about some legislation that I introduced with Senator Collins. 

It is the Firefighters Retention Act of 2017, which would allow fire 

departments to use Staffing for Adequate Fire and Emergency Response (SAFER) grants to transition part-time firefighters into fulltime positions. I should say it surprised me that under SAFER 

grants, you could not bring a part-time firefighter who is fully 

trained into full-time status. 

As a former firefighter yourself, I am sure you appreciate the 

training that our paid-on-call and part-time firefighters go through. 

So this legislation saves money and allows fire departments to 

have the flexibility necessary to bring those trained professionals 

into their permanent force. 

It has passed the Senate, both the Committee and now the full 

Senate, and I just want to get a sense of your thoughts in terms 
13 

of grants and the ability to have some flexibility when it comes to 

spending the FEMA grants, both in this particular case with parttime firefighters, but more broadly, what sort of reforms do you 

think we should be looking at? 

Mr. KANIEWSKI. Well, first, Senator, thank you for the information about your legislation. I was not aware of the details, and I 

am pleased to see that you are taking leadership on this issue because I, too, believe that firefighters and first responders writ large 

deserve the support of our Federal Government. And, if confirmed, 

in my future rule, it would be to oversee some of these grant programs that you mentioned. 

Two of them are, I know, very important to the firefighters. One 

is the Assistance to Firefighters Grant Program, and the second is 

the one you mentioned, the SAFER Act. 

I am very proud to say that in the late 1990s when I was working on the Hill, I played a role in supporting the Members of Congress who introduced that legislation creating the fire grant program. So this is something I am very passionate about, and it is 

something that I would expect, if confirmed, to take a leadership 

role on. 

On your second point, I can say that quite confidently that the 

two grant programs are really a cornerstone for the grant programs 

that we offer at FEMA. Many of the grant programs are quite 

broad. The State Homeland Security Grant Program and the 

Urban Area Security Grant Program, I think it is a good thing that 

we have grants specifically tailored to the firefighters to address 

some of the concerns that you have personally raised. 

So, one, thank you for introducing that legislation. I cannot comment specifically on it, only because I am not familiar with it at 

the moment, but I commit to you that if confirmed, I will certainly 

do a deep dive and work with your staff to understand how that 

might be applied at FEMA. 

Senator PETERS. Right. Well, I appreciate that. 

I also appreciate having some time with you in my office prior 

to today’s hearing to do a deeper dive into a variety of issues, and 

as I mentioned in our meeting together, that I was particularly disappointed that Michigan did not receive a major disaster declaration for the water crisis that occurred in Flint, Michigan, because 

the disaster was not the result of a natural catastrophe, the result 

of fire, flood, explosion. It was a man-made tragedy, although as 

you and I spoke about—and I think you agree—that to a child who 

is suffering from the effects of the strategy in Flint, they did not 

care it was man-made or natural. It was a tragedy and a catastrophe, plain and simple, that we need to deal with. 

And as we also discussed, what we saw in Flint may be a precursor for what will happen in other cities in the future, and we 

need to be prepared for that and think about that. 

And so since you will be overseeing FEMA’s grant programs, do 

you have some specific ideas for training programs that would help 

State and local governments be prepared for this kind of man-made 

disaster that is absolutely catastrophic to the citizens of those communities? 

Mr. KANIEWSKI. Well, first, thank you for giving me that deeper 

understanding of the crisis that Flint faced with respect to the lead 
14 

in the water. That is clearly concerning to anybody in emergency 

management that you would have people suffering from potential 

consequences of that. Like you said, it could be a man-made or natural disaster. Emergency managers need to be prepared for that. 

And I credit your State’s emergency manager, Chris Kelenske, 

who I have seen brief this matter at a number of constituency conferences, and I appreciate the leadership that he has played personally on that for the State of Michigan. 

To your broader point, I honestly believe that there are lessons 

from that incident that Michigan faced that could be applied more 

broadly. Whether it be understanding the logistics chain for supporting communities that do not have drinkable water or, two, the 

underlying issues with respect to infrastructure and other longerterm challenges that are outside the scope of my current position, 

should I be confirmed for it, I would say that we need to be linked 

at the hip on that, and I certainly would make sure that FEMA 

leadership is aware of my concerns and my ideas about how I think 

we could take some of those best practices from Michigan and 

apply them more broadly to other communities to make sure that 

they are prepared for future events, whether they be man-made or 

natural in origin. 

Senator PETERS. Well, if confirmed, I look forward to spending 

quite a bit of time with you and perhaps before our Subcommittee 

as well discussing this issue and others, so thank you for your answers today. 

Thank you, Mr. Chairman. 

Senator LANKFORD. Thank you. Senator Heitkamp. 

Senator HEITKAMP. Thank you, Mr. Chairman. 

First off, we have had a little bit of a dispute here in the Committee and with some of the arguments that the Department of 

Justice (DOJ) is making in terms of obligations that nominees have 

to respond to questions from Congress, regardless of source, and so, 

Dr. Kaniewski, if you were asked in your policy questionnaire 

whether you would commit to responding to any reasonable request 

for information from the Ranking Member of this Committee or 

any other committee or any other Member of Congress—and I want 

to reiterate your response—I want you to reiterate your response 

here just for the record. 

Mr. KANIEWSKI. Of course. Yes, I would respond to any inquiry 

from this Committee. 

Senator HEITKAMP. Regardless of political party, regardless of 

who submitted the inquiry, correct? 

Mr. KANIEWSKI. Correct. 

Senator HEITKAMP. One of the great challenges that we have had 

over the years has been kind of this morphing, I think, of preparedness, where you do not really even see lines of demarcation between the Federal Government and State and local government, 

and it has been a good thing, in my opinion, but now we are looking at budget requests, which would really see a retraction of Federal support, probably still with Federal oversight, but a retraction 

of Federal fiscal support. 

I am obviously very concerned about the President’s budget, the 

Administration’s budget. Can you tell me whether you would continue the level of commitment, financial commitment, that the Fed-
15 

eral Government has engaged in and advocate for that level of commitment kind of going forward or whether you believe that the Administration’s budget is adequate to basically continue to play that 

seamless role that the Federal Government now has? 

Mr. KANIEWSKI. So while I was not involved in the fiscal year 

budget discussions, I am aware of the overall proposed cuts. 

What I would like to do, if confirmed, is better understand the 

rationale behind those cuts and what plans FEMA has in place to 

address that. 

Certainly, in many circumstances in life, certainly in government, there are budget constraints, and I can only pledge to you 

that if I face a budget constraint, if confirmed, I will make sure 

that FEMA does everything they possibly can with those dollars, 

understanding as well that I will have an opportunity, I would 

hope, to voice my support for something I have been very open 

about during my career, which is that Federal grants have had a 

positive impact on State and local preparedness since 9/11, and 

that we are better prepared today than we were then because of 

those grants. So just know that you will have a voice in those future budget discussions and, frankly, in every discussion I have 

about grants and about the need to support State and local responders moving forward. 

Senator HEITKAMP. I could not agree with you more. When we 

had the Grand Forks flood, I recall vividly taking off the shelf the 

flood preparedness plan, which had collected about that much dust, 

and realizing it was no longer relevant, but because we did not 

have an ongoing and concerted effort to deal with flood mitigation 

and flood response, that left us scrambling. 

And I think that with FEMA’s involvement since that 1997 event 

and then going into 9/11 and going into now what we see, 

these catastrophic hurricanes, Katrina—now we have Harvey and 

Irma—it is hardly a time to retract preparedness. 

And it is remarkable when you think about two Category 4s and 

hopefully, we will not see any more loss of life. But when you compare it to what would have happened in the 1960s, it is pretty dramatic. 

And I know in your response to Senator Hassan, you said, look, 

that is not my jurisdiction, but I will tell you that in every event 

like this, preparedness begins in evaluating, as you did with 9/11, 

what went wrong, how could we prevent that. And one of the 

things that, again, we are going to have a conversation on is resiliency of infrastructure, and so I hope that your response to her on, 

not my line is limited to what you can just say about the job that 

you are applying for. 

We certainly expect that you will participate in a broader discussion about how we can build greater resiliency among the infrastructure and really at every level, whether it is residential construction or whether it is infrastructure construction. 

Mr. KANIEWSKI. Yes, ma’am. 

And to clarify, my response was regarding flooding and mitigation, which are a focus of a different FEMA division. But, absolutely, I am very passionate about building resiliency in communities and understanding the risks they face and building appropriate preparedness programs to help those State and local officials 
16 

deal with those risks they face. So you can count on me on voicing 

those concerns. 

Senator HEITKAMP. After the flood, I was Attorney General (AG) 

in North Dakota. I had an opportunity to talk to the Attorney General in Florida, who told me of the shoddy construction in the rush 

to rebuild, the rush to recovery, and I think it is really critically 

important that we all work together to make sure that people who 

are doing flood recovery are—that is the beginning of the step of 

the next resiliency step in preparedness. So I do not see those as 

lines of demarcation, and I am glad to hear you really do not either. 

Mr. KANIEWSKI. I agree with you. 

Senator HEITKAMP. OK. 

Mr. Pittman, again, thank you for your willingness to serve, and 

thank you to your parents who are here with you and your beautiful wife and all your friends. I think it speaks volumes that you 

have collected so many great people in your life moving forward. 

Unfortunately, many of the people that you will serve sitting on 

the bench have not had that level of fortune—I think we are all 

lucky in terms of who our parents are. 

What do you think is the single life experience that you have had 

that has prepared you to sit in the District of Columbia on the 

bench serving the people of the District of Columbia? 

Mr. PITTMAN. I do not think it can be a singular life experience. 

I think it is the many years of practice in many areas and seeing 

what happens, seeing litigants in need. 

I think the case that probably—and I think I disclosed this in my 

questionnaire. The cases that probably had the most impact on me 

were the unjust imprisonment cases, where the Civil Litigation Division had to deal with cases under our local statute, where five 

men who had been wrongfully convicted and served years in jail for 

crimes that it, ultimately, was proved they did not commit. That 

probably had the single most personal impact on me, on understanding how we really do have to get this right—judges, prosecutors, defense attorneys. 

Senator HEITKAMP. OK. Thank you. 

Senator LANKFORD. Thank you to both of you. I have several 

questions. We have had the opportunity to be able to visit extensively in my office and go through a lot of these things. I just want 

to be able to do some additional questions and statements. 

And, Mr. Pittman, to your stepson, if he does not do well in getting into law school, it is all on you today, the timing of that. 

[Laughter.] 

So you may want to spend some extra time. 

Mr. Pittman, as a nominee, there is this great struggle between 

looking at the emotion of a case in front of you, look at the facts 

of the case, and look at the law, and all of those weigh into how 

you actually balance that out. 

Give me either an example of how you will try to derive decisions 

when you sit as the judge at that point and be able to balance out 

opinion, facts, law. 

Mr. PITTMAN. I think opinion probably is something you do not 

want to influence your decision. You look at what the law is that 

is applicable to the case in front of you, and you determine the 
17 

facts. And you apply those facts to the law. I think that is the most 

critical function of a judge. 

Senator LANKFORD. As you balance out criminal issues in the 

District—you have talked a lot about the civil issues. 

Mr. PITTMAN. Right. 

Senator LANKFORD. Obviously, you have worked mostly on civil 

issues in the past. 

Mr. PITTMAN. Right. 

Senator LANKFORD. As you look at criminal issues in the District, 

where is the area that you think from the bench you can be the 

greatest help in these issues? 

Mr. PITTMAN. I think moving the cases along expeditiously is 

part of it, ensuring fair trials. Certainly, felony trials in the District of Columbia are almost exclusively tried by juries rather than 

by the judge, so the judge is not the fact finder. But moving the 

case along is probably the most important thing you can do, but ensuring that the trial is fair. 

Senator LANKFORD. Yes. Just the speed to be able to get to trial 

is one of the biggest issues we face as a Nation, period. How many 

delays—you and I spoke about this in my office. The delays of actually getting to the point of decision is a frustrating thing for everyone, and sometimes attorneys are not well prepared, and so they 

ask for delays. But the people that need the justice are right behind them, and they need a judge that is going to help them move 

the case along as they go through that. So I appreciate both of 

those. 

Dr. Kaniewski, Mayor Buckhorn from Tampa has become famous 

this past week, not for just leading a great city that he leads, but 

for his statement to the media that, ‘‘We are about to get punched 

in the face.’’ But people do not forget the rest of that statement. 

He stepped up and made the statement, ‘‘We have done all that we 

can to prepare, but we are about to get punched in the face, and 

then everything changes at that point.’’ 

Your role is really to help people get prepared for that moment, 

but disaster comes, it gets harder at that point. 

So my question for you is very specific. How do you help local 

communities and States and very qualified emergency management 

folks in each State deal with a sense of urgency when the storm 

is not coming right now, but if they prepare right now, it will make 

a difference when it comes? So help me in your role of how you are 

going to help them with processing urgency to prepare. 

Mr. KANIEWSKI. Senator, I think it is important, one, that we 

sensitize the American public. That just because we may not have 

had catastrophic disasters maybe for the past decade does not 

mean they cannot happen. 

Some of the language that we use in emergency management is 

very confusing. We talk about a 1-in-100 year flood event. Well, we 

have had a number of those this year or even 1-in-500 year events. 

Why would anybody buy flood insurance if you are told when you 

buy the house, ‘‘Oh, you are outside the flood zone, and the chances 

of you having a problem are minimal,’’ 1 in 100 years, 1 in 500, 

whatever. 

The reality is that that statement does not reflect the risk that 

they face. The reality is that there is a chance that a homeowner 
18 

could lose their home due to flooding, and by not taking appropriate actions, whether it be to prepare themselves, their family, 

their home, or to take appropriate actions, like buying flood insurance, is putting them in a very vulnerable situation. 

The second kind of part of your question was related to how do 

we make sure that in a real-time event that people remember those 

messages, and people cannot buy flood insurance as the hurricane 

is coming ashore, the 30-day waiting period. These are decisions 

they would have had to make months in advance. 

But, again, we get to sensitizing the American public that the 

risk is real, that they need to take preparedness actions, and so 

when they hear those messages, when they hear these officials give 

these dire warnings, that, one, they take them seriously, and two, 

that they have a plan in place. They know what they are going to 

do. They know where they are going to evacuate their family. 

That is easier said than done. I get that, but from my perspective 

and, if confirmed, in the role, should I assume it, would be to be 

an advocate, to make sure that we help communities understand 

those messages, and two, we help State and local officials understand how to deliver those messages. 

Senator LANKFORD. You were co-author of the report after Hurricane Katrina, helping FEMA be able to evaluate what were the lessons learned. If I recall, there are 125 recommendations that came 

out of that. Your doctoral work was going back to be able to take 

a look at that as well. 

In the preparedness lane, in that lane alone—and I know there 

are lots of other areas—of that 125 lessons learned from Hurricane 

Katrina, what is undone? 

Mr. KANIEWSKI. Well, I think there is always more to be done on 

preparedness. It is one of those things you can never prepare too 

much. 

Senator LANKFORD. Right. 

Mr. KANIEWSKI. Right? So from my perspective, as a citizen, I 

would like to see both the messaging that we just discussed as well 

as real tangible actions that we as citizens can take when—to prepare ourselves before that disaster strikes, and I am not sure we 

have that right now. 

Again, I commit to you that, if confirmed, I will certainly go and 

take a deep dive on initiatives that FEMA has done on preparedness, such as ready.gov, but I think that there is more we can do. 

And that is me as a citizen saying that. I think that there is more 

that we can do to help citizens understand how to better prepare 

for these disasters. 

Senator LANKFORD. OK. I have a couple more questions, but I am 

going to defer to Senator Daines, so you will be able to step in and 

ask questions. Senator Daines, you are recognized. 

OPENING STATEMENT OF SENATOR DAINES 

Senator DAINES. Thank you, Mr. Chairman. 

Dr. Kaniewski and Mr. Pittman, thank you for your testimony, 

your willingness to serve. The positions you have been nominated 

for are critical to our Nation’s ability to adequately prepare for disasters and ensuring that Washington, D.C., residents have access 

to swift as well as accurate justice. 
19 

Dr. Kaniewski, my home State of Montana has been devastated 

by wildfires this summer. Certainly, as you watch the national 

media, it is fixated on Hurricanes Harvey and Irma and understandably so. Up in the Northern Rockies, we have had a fire season that is one for the record books. We are in full-crisis mode. In 

fact, we could go 20 of the top 30 fires in the Nation were in the 

State of Montana. 

Over 700,000 acres are currently burning as we sit here today. 

We have had over 1 million acres scorched—that is equivalent to 

the size of Delaware—this summer. 

The magnitude of these fires coupled with State budgeting challenges have nearly exhausted all of our firefighting assets. I have 

been fighting for Montana, speaking of fighting, to get the resources needed first to stop the fires. 

We hope for a season-ending event. That means big rainstorm, 

snow in the high country, but we have had a weather pattern and 

a drought that has not been seen for, in some cases, over 100 years 

in parts of Montana. 

But we can do more to prevent these wildfires, to prevent the 

magnitude and severity of them. We will never eliminate them, but 

we can do work to try to minimize the disastrous impact that they 

have. And instead of allowing these natural resources just to burn, 

we should be managing our forests, harvesting timber, creating 

jobs. 

Dr. Kaniewski, your career began as a firefighter. You have 

front-line experience. As the FEMA Deputy Administration for Protection and National Preparedness, you will have a key preemptive 

role in developing resiliency to these natural disasters, should you 

be confirmed. 

How will you help localities mitigate the risk of wildfires as well 

as local fire departments when these disasters do strike? 

Mr. KANIEWSKI. So I know that this is something that is not only 

close to my heart, but also to those representing the fire service in 

the audience today. So I would like to acknowledge their presence 

and say that I fully intend to give voice to the firefighters at 

FEMA. To the extent that they have not had a voice in the Preparedness Division, they have one now. 

I look forward to working closely with the United States Fire Administrator, who is also a FEMA official, as well as officials from 

the Department of Agriculture and Department of Interior, who 

have the lead on responding to wildfires at the Federal level. 

As you correctly noted, my position is to focus on the preparedness aspect of all risks, including wildfires. I am proud to say that 

I was part of the conception of the Assistance to Firefights Grant 

Program in the late 1990s and am an advocate, as a firefighter, for 

those kinds of programs, including any of the grant programs that 

could be applicable to fire fighters. 

I will say that there are certainly challenges, as I understand it. 

Again, as someone, as a private citizen watching the wildfires out 

West in Montana burning, clearly, there are many challenges beyond the scope of what I can accomplish. But I commit to you that 

when it comes to preparing for these types of events, you will have 

no bigger advocate in FEMA to prepare for risks that individual 
20 

communities and States face—and in the case of Montana, it 

sounds like it is wildfires—I will be there. 

Senator DAINES. And your background as a firefighter is much 

appreciated. 

Tragically, two firefighters have lost their lives this summer on 

the front lines in Montana. 

You brought up the issue of preparedness. As I mentioned earlier, our whole country is very aware of the devastating that hurricanes inflict. The victims of Hurricane Harvey, the victims of Hurricane Irma are fresh in our minds and our prayers. 

The front page of Ready.gov has preparedness tips for hurricanes 

and flooding, but I have noted it is lacking in fire preparedness. 

And you brought up this issue of preparedness. So I think we have 

an opportunity. 

Forest fires do impact families virtually in all of our States. As 

Deputy Administrator, how will you update Ready.gov or undertake other efforts to increase national awareness of the threat of 

fire? 

Mr. KANIEWSKI. Sir, it sounds like, if confirmed, I will have some 

quick actions to take upon coming aboard. 

As I said, I certainly acknowledge that wildfires are a risk that 

we need to be preparing our communities for, and to me, based on 

how you describe it, it sounds like an oversight that should be addressed. So, if confirmed, I promise to look into that and make sure 

that wildfire is among the risks that FEMA help State and local 

governments as well as individuals in communities prepare for. 

Senator DAINES. Thank you. 

Mr. Pittman, the role of law is to establish certainty for those to 

whom it applies, to provide a structure within which to interact, do 

business, build families, pursue life. Do you believe that it is the 

role of the judge to define what law is? 

Mr. PITTMAN. No, Senator. The law, as a judge, is either set forth 

by the legislature—as a trial court judge or the Court of Appeals, 

the role of the judge is to take the law and apply that to the facts 

of the case that are before the judge. 

Senator DAINES. So building on that—and thank you—how do 

you intend to ensure that you faithfully apply the law as the drafters of that law intended? 

Mr. PITTMAN. Either read the law—to the extent it is a law 

where there is a body of case law by a court that you are responsible to, like the Court of Appeals, you read the relevant cases, and 

you follow that. 

Senator DAINES. And what impact, if any, should shifts in public 

opinion or social norms have on your determination as a potential 

judge on the application of the law? 

Mr. PITTMAN. To the extent those shifts show up and change the 

law, then you follow the law, but absent legislative change or 

changes in binding judicial authority, public opinion has no role in 

the judge’s decision. 

Senator DAINES. Thank you, Mr. Pittman. 

Thank you, Mr. Chairman. 

Senator LANKFORD. Thank you. 

A couple of other quick questions for Mr. Kaniewski. 
21 

We have talked before about the role of FEMA and the partnership they have with State and local governments, so I am going to 

give you two quick questions on that. 

One of them is FEMA Administrator Brock Long, he called on 

local officials to be more self-sufficient. That is the wonderful balance that we face, is the more the Federal Government reaches in 

and helps, the more the States and local says, ‘‘Great. This is overwhelming us. You take it,’’ but the whole system collapses if the 

Federal Government and FEMA takes it because especially preparedness is really a local issue, to be able to drive it. So help me 

understand somewhat your perspective on balancing, locally managing this, having self-sufficiency, as Brock Long mentioned, or the 

Federal role of what you are going to try to take on. 

Mr. KANIEWSKI. So I agree with you that there is this inherent 

tension between the role of Federal, State, and local governments 

on potentially any issue that we would want to consider beyond 

just emergency management. 

In the emergency management realm, something is very clear, 

which is that the Federal Government is there to support, not supplant, local and State efforts. 

Of course, in the response phase, the Federal Government needs 

to be forward leaning in helping in any way possible, in fact, being 

proactive in offering that assistance to State and local authorities. 

On the preparedness side, we need to be equally proactive. We 

need to make sure that FEMA is providing tailored training, exercises, equipment, planning, et cetera, any type of preparedness activity that might help those local officials, so that they can do their 

job. They can best understand the risks they face. They can best 

articulate those risks to the Federal Government in cases where 

they are seeking Federal funding, because from my view, we want 

to make sure that State and local governments best understand 

their risks, both for their own benefit and for their own action as 

well as to understand where they need help, and so they can best 

describe their risks. 

Senator LANKFORD. But disaster preparedness is ultimately a 

State and local responsibility more than it is a Federal? 

Mr. KANIEWSKI. The Federal Government, just like responses 

there to support their activities. 

Senator LANKFORD. So one of the questions—again, you and I 

talked about this in my office, and that is, FEMA’s reputation as 

being a check writer or assisting in disaster relief, and some people 

view FEMA as a place that after disaster, they write checks and 

they hand out money, or some people see them as the people that 

actually carry out the task on this. 

Help me understand your perspective on the role of FEMA as a 

‘‘check writer’’ in the area of disaster preparedness. Is it advice, 

counsel, strategy, or is it writing checks? 

Mr. KANIEWSKI. So I will be very honest with you. There are 

times in FEMA’s history where it was viewed as the Federal Government’s ATM. 

I am very proud to say that it is not viewed that way anymore 

and certainly not from the emergency management community, 

and that has a lot to do with Hurricane Katrina, the lessons 
22 

1The information of Mr. Kaniewski appears in the Appendix on page 29. 

2The information of Mr. Pittman appears in the Appendix on page 79. 

learned, some of which we discussed here today, as well as the actions of this Committee. 

So this Committee authored the Post-Katrina Emergency Management Reform Act, which was passed and became law in 2006. 

That really empowered FEMA with many authorities that it lacked 

prior to Hurricane Katrina, and more importantly than the law, 

frankly, is it empowered the workforce. The workforce sees their 

job today as one of supporting those State and local authorities 

with everything they have, and there is, hopefully, nothing limiting 

their efforts today to support those current disasters and future 

disasters we will face. 

So, one, I wanted to acknowledge the Committee’s actions on this 

to empower FEMA to take it past how it may have been viewed 

historically to today, where it is viewed as a very capable response 

organization for these hurricanes as well as an agency that is going 

to be there for State and local governments to help them prepare 

for the next one. 

Senator LANKFORD. Any final statements from either one of you 

that you would like to be able to make to this group? 

Mr. PITTMAN. None for me. thank you, Senator. 

Senator LANKFORD. OK. 

Mr. KANIEWSKI. No, thank you. 

Senator LANKFORD. OK. The nominees have made financial disclosures and provided responses to biographical and preparing 

questions submitted by the Committee.1 Without objection, this information will be made a part of the hearing record,2 with the exception of the financial data, which are on file and available for 

public inspection of the Committee offices alone. 

The hearing record will remain open until noon tomorrow, September 13th, for the submission of questions and statements for 

the record. If Members wish to receive responses to their questions 

from Mr. Kaniewski prior to the Committee vote tomorrow, they 

must submit questions for the record by 5 p.m. today, so hustle. 

And we already have assurances from you and from the folks at 

FEMA that we will get rapid responses to any additional questions 

that we may ask, because there is a pending business meeting tomorrow that is already scheduled to be able to deal with your nomination at that point. 

Gentlemen, thank you both. Thank your families for being here 

and being a part of this process. We will consider this part of the 

process that is a long process moving forward to the next phase. 

With that, the hearing is adjourned. 

[Whereupon, at 11:21 a.m., the Committee was adjourned.] 
(23) 

A P P E N D I X 
24 

Following his clerkship, Mr. Pittman practiced law at the firm Crowell & Moring and then later 

joined the Civil Litigation Division in the Office of the Attorney General for the District of 

Columbia, where he currently serves as an Acting Assistant Deputy Attorney General. 

Committee staff reached out to numerous colleagues of Mr. Pittman, and the comments were 

uniformly positive, with specific praise given to his decency and professional manner, strong 

analytical skills and superb writing. 

Staff interviewed both nominees on an array of issues, and each has thoughtfully and 

competently answered each question. 

To date, the Committee has found you to be qualified for the position you have been nominated. 

I look forward to speaking with both of you more today on your experience and 

accomplishments and how you intend to bring them to bear for FEMA and the District of 

Columbia. 

2 
25 

September 12, 2017 

Opening Statement of Senator Heidi Heitkamp 

Homeland Security and Governmental Affairs Committee Nomination Hearing 

Thank you, Chairman Lankford. 

I want to begin by saying that our thoughts and prayers are with the people in Texas, Florida, Louisiana, 

the Caribbean, and elsewhere, who are recovering from the devastation caused by Hurricanes Harvey 

and Irma. 

The road to recovery will not be easy, but the good and brave work that is being carried out by local first 

responders, everyday citizens, as well as the men and women from FEMA is a testament to America's 

strength and resiliency. 

The devastation reminds us of FEMA's critical mission to save and protect lives and help communities 

recover, and the Deputy Administrator for Protection and National Preparedness (PNP) position plays a 

critical role in those goals. 

If confirmed, Dr. Kaniewski, you would oversee the Grants Program Directorate, which administers 

Federal Assistance grants in an effort to improve emergency preparedness capabilities, and the National 

Preparedness Directorate, which provides the doctrine, programs, resources, and training needed to 

prevent, protect against, mitigate, respond to, and recover from disasters. 

I appreciate the expertise you bring from public, private, and academic sectors, the high regard that the 

emergency management establishment holds for you, and your understanding of the importance of 

engaging a diverse group of stakeholders on FEMA initiatives and fostering relationships with state and 

local partners. 

I look forward to learning more about your qualifications and desire to serve. 

We also have the privilege today of considering a nominee for the Superior Court of the District of 

Columbia. 

Jonathan Pittman currently serves as Assistant Deputy Attorney General for the District of Columbia and 

heads the Civil Litigation Division. 

As Assistant Deputy, Pittman oversees the day-to-day operations of the division to develop strategy and 

court documents for significant cases, advise D.C. officials, manage the division staff and attorneys, and 

prepare post-litigation reports and appellate materials. 

Mr. Pittman, we appreciate your willingness and interest in serving as a judge and we look forward to 

learning more about your qualifications. 

I thank both the nominees for their willingness to serve the citizens of the United States and look 

forward to their testimony. 

Thank you. 
26 

ELEANOR HoLMES NoRTON 

01STRICTOfCOU!MSIA 

COMMITTEE ON 

TRANSPORTATION AND 

INFRASTRUCTURE 

St-acoMMinEES 

RANKING MEMBER, HG>!WAYS ANO TRANSIT 

EcONOMIC DcvaOPMENt, Pusuc 

8UIUJ<NG.S AND EMEI'IGENCY M»JAGtMfW 

AvtA'HON QinuBresz of tfte ~uiteo ~tatez 

;Muuse nf ~hpreseululilTes 

~nsljittgtnu, ;Jl'!Ql 20515-lSUl 

Statement of Congresswoman Eleanor Holmes Norton 

COioiWlUE ON 0V£fiSIGHT AN!i 

GOVEANMENT REfORM 

SUSCOMMilTHS 

GovtJ'lNMENl OPERATIONS 

Senate Homeland Security and Governmental Affairs Committee 

Confirmation Hearing on Jonathan H. Pittman, Superior Court of the District of Columbia 

September 12, 2017 

Thank you for the opportunity to testify in favor of the nomination of Jonathan H. 

Pittman to the Superior Court of the District of Columbia, an Article I court. Mr. Pittman has 

extensive litigation experience, which is central to the Superior Court, the District's trial court. 

appreciate the Committee's heating today because the Superior Court is the engine of the day-today criminal and civil justice systems in the District. 

After graduating fi·om Vassar College and Vanderbilt University School of Law, where 

he was awarded membership in the Order of the Coif and was an Authorities Editor on the 

Vanderbilt Journal of Transnational Law, Mr. Pittman clerked for the Honorable John A. Terry 

of the D.C. Court of Appeals. Following his clerkship, Mr. Pittman began his extensive 

litigation career, first working for over two decades at Crowell & Mooring LLP, rising to partner. 

For the last five years, Mr. Pittman has worked in the Office of the Attorney General for the 

District of Columbia. Mr. Pittman began in the office as a Section Chief in the Civil Litigation 

Division, and since Aplil 2016, has been the Assistant Deputy Attorney General for the Civil 

Litigation Division. 

Mr. Pittman has extensive expelience of the kind that would be particularly useful on our 

Superior Court, and I strongly endorse his nomination. 

MA1N01STR!eT0FFICE 

00 K Sr~r.ET, N.E SUIT~ 100 

WASHiNGT<:m,O.C.20002-4203 

(202)400-9041 

(202)408·9048(r.AX) 

2136 RAYBUfn< House OFFICE BUllOlNG 

WASHINGTON, D.C. 20515·1501 

(202) 225-8050 

(202) 225-3002 (FAA) 

(202) 225-7829 (roo) 

W'M'J.NOOT0N.HOUS€.GOV 

PRINTED ON RECYClED PAPER 

THIS MAIUNG WAS PREPAf\EO, f'U~USHED, AND MAilED AT YAXPAYER EXPENSE. 

·~·-

SournEAsr0rsTI'IK:r0F~ICE 

2235 S'"'NOON PLACE, S.E. Sumo 2032 

W~10t<, D.C. 20020-7026 

(202) 678-8000 

(202) 678-8844 (~AX} 
27 

Opening Statement 

Daniel Kaniewski, Nominee 

Deputy Administrator, Protection and National Preparedness, FEMA 

United States Senate 

Committee on Homeland Security and Governmental Affairs 

September 12, 2017, 10:15 a.m., 342 Dirksen Senate Office Building 

Introduction: 

Good Morning Chairman Johnson, Ranking Member McCaskill, and Members of the 

Committee. I am Daniel Kaniewski and I am pleased to appear before you today 

regarding my nomination to the position of Deputy Administrator for Protection and 

National Preparedness at the Federal Emergency Management Agency (FEMA). My 

father Wayne and brother Bob join me today, and hello to my mother watching 

online. I would like to thank President Trump, former Secretary John Kelly, and 

Acting Secretary Duke for supporting my nomination for this position. I have spent 

my entire career in the homeland security and emergency management field and I 

would like to take this opportunity to briefly describe my interest in and 

qualifications for this position. 

As I sit here today I vividly remember 9/11, where from the press gallery atop the 

Capitol building I watched with disbelief smoke rising from the Pentagon. And later 

would Jearn we had been in the bullseye of the 9/11 hijackers. I also think back to 

August 2005 when, shortly after I had joined the White House, Hurricane Katrina 

came ashore. There I witnessed first-hand the failed response and subsequently 

served as co-author of the White House report "The Federal Response to Hurricane 

Katrina: Lessons Learned" and oversaw the implementation of those lessons. Both 

of these experiences reaffirmed my belief that this is the field that I would dedicate 

my career. 

It is thus an honor to be with you today to answer your questions for this critically 

important role at an agency that has shaped my professional development. 

Background/Experience: 

For the past twenty years, I have focused on efforts to better prepare governments 

and citizens for natural and manmade disasters. I began my career as a 

firefighter/emergency medical technician in 1996. In that role, !learned firsthand 

the need for preparing for major incidents. I subsequently earned a degree in 

emergency medical services, became a certified paramedic, and engaged on policy 

issues in several governmental and non-governmental roles. 

I served as Special Assistant to the President for Homeland Security and Senior 

Director for Response Policy during the George W. Bush Administration. I advised 

the President and senior White House staff during domestic incidents and 

coordinated interagency emergency management policies. I oversaw the disaster 
28 

declaration process for more than 200 presidentially declared disasters and 

emergencies. 

I have also analyzed emergency management polices at think tanks and in academia. 

At George Washington University I was Assistant Vice President for Homeland 

Security and Deputy Director of the Homeland Security Policy Institute. In that 

capacity, I contributed to the debate on contemporary homeland security and 

emergency management policy issues through publications, media appearances, and 

task forces. I also taught emergency management and national security courses at 

George Washington UniversitY and at the Georgetown University School of Foreign 

Service as an adjunct assistant professor 

I closely supported FEMA for three and a half years as Mission Area Director for 

Resilience and Emergency Preparedness/Response at a federally funded research 

and development center serving the U.S. Department of Homeland Security. In this 

role, I was the senior executive responsible for emergency management, 

infrastructure security /resilience, and cybersecurity studies. 

I currently lead the resilience practice at the catastrophe risk modeling and 

consulting services firm AIR Worldwide. My practice identifies and quantifies risks 

to populations and infrastructure, evaluates mitigation strategies, and informs 

disaster finance programs, with a goal of making society more resilient for disasters. 

In addition to my full time employment, I have also held relevant pro-bono 

positions. I recently completed a four-year term on the District of Columbia 

Homeland Security Commission, where I advised the city on homeland security and 

emergency management policies. I am also a Center for Cyber & Homeland Security 

Senior Fellow, where I contribute on homeland security and emergency 

management topics. 

Conclusion: 

Thank you for your consideration of my nomination. If confirmed, I will work 

tirelessly to help prepare governments, communities, and individuals for man-made 

and natural disasters. Leading FEMA's preparedness programs would be the 

culmination of many experiences in my career in homeland security and emergency 

management. I can think of no higher honor than serving the American people, 

FEMA and its stakeholders to enhance the Nation's preparedness for disasters. 
29 

REDACTED 

HSGAC BIOGRAPHICAL QUESTIONS FOR 

EXECUTIVE NOMINEES 

1. Basic Biographical Information 

Please provide the following information. 

arne of Position 

Deputy Administrator, Protection and National 

Pre aredness 

2. Education 

List all post-secondary schools attended. 

1 
30 

Il;ge. of S£1lool DateJ!:nded { vocationaVtechnical/trade 

school, ~ 

School (mon!li/yeat')'(cbeck ~ 

Degree !!!!!S l:!l!m~ or S£hool co11egeluniversity/miJitary (month/year) box if estimate) Awarded college, (check box if (check "present .. box correspondencefdistancelextens estimate) if still in school) ion/online school). 

George Washington University Est Est Present B.S. 5/2000 University 9/1996 q 5/2000 0 0 

Georgetown University Est Est Present 

University M.A. 5/2002 9/2000 q 5/2002 0 0 

George Washington University Est Est Present 

University Ph.D. 8/2011 9/2004 q 8/2011 0 0 

3. Employment 

(A) List all of your employment activities, ill eluding unemployment and self-employment. 

If the employment activity was military duty, Hst separate employment activity periods to 

show each change of miHtary duty station. Do not list employment before your 18th 

birthday unless to provide a millimum of two years of employment history. 

J:n!e ofEmllloj!lilent 

(Active Military Duty 

Station, National 

Guard/Reserve, USPHS ~ 

Commissioned Corps, EmnloJm!entE 

Other Federal Date nded 

emplo:Yment, State (montiilyear) Location 

Government (Non-Federal (City and (check box if 

Enrploym ) estimate) 0nt), Self- State oniy) 

employment, (check box if (check 

Unemployment, Federal estimate) ~'present" box 

Contractor, Non- if still 

Government Employment employed) 

(excluding selfe !o llltt, Other 

Non- overnment AIR Worldwide (a Vice President, Boston/ Employment Verisk Analytics Global Washingto Est Present Est 

business) Resilience n,DC 7/2016 q 

r;/ 

Federal contractor Mission Area Falls 

Director) Est Est Church, 

Resilience VA 1112012 0 712016 0 

Non-Government Georgetown Adjunct Washingto 

Employment University School of Assistant Est Est n,DC 

Forei Service Professor 1/2013 0 5/2016 0 

Non-Government Homeland Security Assistant Vice Washingto 

Employment Policy Institute, President and n,DC Est Est George Washington Deputy Director 8/2008 0 11/2012 Q 

Universi 
31 

Other Federal The White House Special assistant Washingto 

Employment to the President n,DC 

tor Homeland Est Est Security and 712005 (J 812008 (J Senior Director 

for Response 

PolicY 

Non-Government Homeland Security Deputy Director Washingto 

Employment Policy fnstitute, n,DC 1012002 712005 George Washington 

University 

Other Federal Federal Emergency Legislative Washingto 

Employment Management Agency Affairs n,DC 512002 10/2002 

Non-Federal Employment Congressman JC Homeland Washingto 

(unpaid) Watts Security Fellow n,DC 12/2001 5/2002 

Non-Federal Employment Congressman Curt Homeland Washingto 

(unpaid) Weldon Security Fellow n,DC 6/2001 12/2001 

Non-Federal Employment George Washington Faculty Support Washingto 

University Coordinator n,DC 6/20(10 712001 

Non-Federal Employment Congressional Fire Emergency Washingto 

(part time) Services fnstitute Medical n,DC 8/1997 5/2000 Services 

Advisor 

Non-Federal Employment Eveleth Emergency Emergency Eveleth, 

(part time) Medical Services Medical MN 5/1997 8/1997 

Technician 

Unemployment George Washington Student Washingto 

University n,DC 8/1996 S/1997 

Non-Federal Employment Eveleth Emergency Emergency Eveleth, 

(part time) Medical Services Medical MN 1/1996 8/1996 

Technician 

(B) List any advisory, consllltatlve, honorary or other part-time service or positions with 

fedl era state, or II oca 1 governments not l"dlh iste e sew ere. 

Date Service Ended 

Name of Position Date Service Began (month/year) (check 

Name of Government Enti!! (month/year) (check box ifesthnate) {check 

box if esthnate) "present" box if still 

serving) 

District of Columbia Homeland Commissioner Est Est Present 

Security Commission 1/13 (J 5117 D D 

4. Potential Conflict of Interest 

3 
32 

(A) Describe any business relationship, dealing or fmancial transaction which you have had 

during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, 

that could in any way constitute or result in a. possible conllict of interest in the position to 

which you have been nominated. 

ln connection with the nomination process, I have consulted with the Office of Government 

Ethics and the Department ofHomeland Security's Designated Agency Ethics Official to 

identifY potential conflicts of interest. Any potential conflicts of interest will be resolved in 

accordance with the terms of an ethics agreement thllt I have entered into with the Department's 

Designated Agency Ethics Official and that has been provided to this Committee. I am not 

aware of any other potential conflicts of interest. 

(B) Describe any activity during tbe past 10 years in which you have engaged for the 

purpose of directly or indirectly influencing the passage, defeat or modification of any 

legislation or affecting the administration or execution of law or public policy, other than 

while in a federal government capacity. · 

None 

5. Honors and Awards 

List all scholarshipSc, fellowships, honorary degrees, civilian service citations, military 

medals, academic or professional honors, honorary society memberships and any other 

special recognition for outstanding service or achievement. 

Pi Alpha Alpha (The Global Honor Society for Public Affairs & Administration), Georgetown 

University Security Studies Program scholarship 

6. Memberships 

List all memberships that you have held in professional, social, business, fraternal, 

scholarly, civic, or charitable or.ganizations in the last 10 years. 

Uniess relevant to your nomination, you do NOT need to include memberships in 

charitable. organizations available to the public as a result of a tax deductible donation of 

$1,000 or less, Parent-Teacher Associations or other organizations connected to schools 

attended by your children, athletic Qlubs or teams, automobile support organizations (such 

as AAA), discounts clubS; (such as Groupon or Sam's Club), or aff'mity 

memberships/consumer clubs {such as frequent flyer memberships). 

Name ofOrga!JSation Dates of Your Members!lil! 

(You may approiimate:) Position(s} Held 

Council onFo~um:R.el!ltions 712012-7/20 I 7 Term Member 

American Eiltemrise Institute 2013-present Member 

Center for Cyber & Homeland 

Security, George Washington 7/2014-present Senior Fellow 

UniversitY 

4 
33 

Project for the Common 1112014-5/2011) Chair, Homeland Security 

Defense, Heritage Foundation Committee 

Risk Assistance Network+ 2015-present Member Exchange Network · 

The InterAgencY Board 10/2015-7/2016 Member 

Executive Master of 

Professional Studies in 

Emergency and Disaster 2/2013-8/20 16 Advisory Board Member 

Management, Georgetown 

University 

7. Political Activity 

(A) Have you ever been a candidate (or or been elected or appointed to a political office? 

No 

(B) List any offices held in or services rendered to a political party or election co.mmittee 

during the last ten years that you have not listed elsewhere. 

None 

(C) Ite.mize all individual political contributions of $200 or .more that you have .made in the 

past five years to any individual, campaign organization, political party, political action 

committee, or similar entity. Please list each individual contribution and not the total 

amount contributed to the person or entity during the year. 

Name of~ec!.l!ient Amount Year of 

Contribution 

Right to Rise USA 1000 2015 

Right to Rise USA 1000 2015 

"(homas Cott.on/Cotton for Senate 250 2014 

Maverick PAC USA 300 2016 

Edward Gillespie/Ed Gillespie for Senate 250 2015 

Right to Rise USA -234.20 2016 

Republican Party of Virginia 2500 2016 

Grant Starrett/Gtant Starrett for Congress 500 2015 

Grant Starrett!Gmnt Starrett for Coneress 500 2016 

George W. Bush/Bush-Cheni'V '04 (Primarv) 500 2003 

Jeb Bush/Jeb 2016 500 2015 

TeamRvan 250 2016 

TeamRvan 1000 2016 

Ronmev Victory 250 2012 

Romney Victory 500 2012 

NRSCINRCC Victory Committee 250 2013 

Paul Rvan!R.van for Congress 1000 2016 

Mitt Ronmev/Romnev for President 250 2012 

Mitt Ronmev/Ronmev for President 500 2012 

NRCC 250 2016 

5 
34 

8. Publications. and Speeches 

(A) List the titles, publishers and dates of books, articles, reports or other published 

materials that you have written, including articles published on the Internet. Please provide 

the Committee with copies of all listed publications. In lieu of hard copies, electronic copies 

can be provided via e-mail or other digital format. 

.Ii!!!l Publisher Date{s} of 

Publication 

Why We Need a National Security The Daily Signal January 21, 2015 Transition Plan to the Next Administration 

3 Reasons Why Obama Shouldn't Claim The Daily Signal January 13, 20!5 Victory over the Ebola Response 

The Lessens We Must Learn From Paris The Daily Signal November 24, 2015 

How the NYPD Worli:s to Counter Terror The Daily Signal November20, 2015 Threats 

How Local Emergency Managers Have 

Responded The Daily Signal November 16,2015 to the Paris Terror Attacks 

The Passing of Homeland Security 

Visionary Mike Wermuth The Daily Signal November 6, 2015 

Former NYPD Commissioner Ray Kelly 

Was Right The Daily Signal October 21, 2015 to Defend Police Tactics 

States ofEmeraencv The Daily Sil!Ual October 8, 2015 

A Political Wa2er on Flood Control The Hill October 8 2015 

What the Obama Administrations Still 

Hasn't The Daily Signal April29, 2015 Learned from the Ebola Crisis 

The Ebola Outbreak of2013-2014: An 

Assessment The Heritage Foundation April24, 2015 ofU~S. Actions 

Ebola Preparedness: Yearning for 

Yest<;lryear The Daily Signal October 31,2014 

Dysfunctional oversight undermines The Hill October 2, 2014 security 

2013 Annual Report- Cybersecurity, 

District Government of the District of of Columbia Homeland Security Columbia January 1, 2014 

Commission 

The Resilient Social Network Homeland Security Studies & September 30, 2016 Analvsis Institute 

Public Health and Emergency Management: Homeland Security Policy 

Challenges June 7, 2012 and Opportunities Institute 

A Preparedness Wake-Up Call for CvPrus Security Debrief March 21, 2012 

Risks Abound at Home and Abroad Security Debrief January 19, 2012 

6 
35 

Operationalizing Resilience: A Systems- Homel~nd Security Policy based Approach Emphasizing Risk October !3, 2011 Institute Management is Reouired 

The Gordian ~ot of Disaster Funding Securitv Debrief September 2.5, 2011 

Preparedness, Response, and Resilience Homeland Security Policy Task Force Comments on the Draft September 6, 2011 Institute National Preparedness Goal 

Preparedness, Response, and Resilience Homeland Security Policy May 16,2011 Task Force Interim Report on Resilience Institute 

Clear and Present Danl!ers Security Debrief April28, 2011 

White Swan at tbe Waterfront Security Debrief April 29, 2011 

Critical Lessons from the Federal Response The Heritage Foundation August 9, 20 I 0 to the Gulf Oil Crisis 

The Gulf Oil Disaster: Three Steps to Homeland Security Policy July7, 2010 Federal Leadership Institute 

Flooded With Help-But Still Flailing Homeland Security Policy June 24,2010 Institute 

Congress Should Consider its Own Failures RollCall Februal)' 29, 2010 in Attempted Bombinl! 

No Longer On Auto-Pilot: Aviation Homeland Security Policy Janual)' 8, 2010 Security and Intelligence Reform Institute 

Metro's Crash Reveals Gains in The Washington Post · June 28, 2009 Preparedness 

The Homeland Security Council: Homeland Security Policy 

Considerations April 1, 2009 for the Future Instimte 

Serving America's Disaster Victims: Homeland Security Policy 

FEMA. Where Does Janual)' 13, 2009 it Fit? Institute 

Not your father's FEMA The Washington Times Seotember 10,2008 

The National Strategy for Homeland The White House October 2007 SecuritY 

The Federal Response to Hurricane Katrina: The White House Februal)' 2006 Lessons Learned 

Back to the Future: An Agenda for Federal Homeland Security Policy 

Leadership May2,200.5 of Emergency Medical Services Institute 

A Doomsday Priori tv The Washinlrton Times Anri1 6, 2005 

Consolidating the House's homeland Homeland Security Policy December 29, 2004 security efforts: the time to act is now Institute 

DHS 2.0: Rethinking the Department of 

Homeland The Heritage Foundation December 13, 2004 Security 

Commi.ssion's Proposals Fall on DeafEars RollCall AumtSt 16 2004 

House Homeland Panel Needs Own RollCall March 9, 2004 Jurisdiction 

A Homeland Security Model to be Homeland Protection 

Emulated Februal)' 2004 :Professional 

War Requires Homeland Panels' Attention, 

Too RollCall March 24, 2003 

7 
36 

Local Emergency Response: Enduring the Oklahoma City National 

Memorial Institute for the Third Quarter 2002 Rltetoric While Trying to Define Readiness Prevention of Terrorism 

America's EMS providers: the Unsung Journal ofEmergency Medical February 2002 Heroes Services 

Post-9/11 Congressional Actions Encyclopedia ofWorld 2003 Terrorism 

A Response to Extremist Terrorism Homeland Protection October 2002 Professional 

The Blame Game: More Fingers Required Homeland Protection August 2002 Professional 

Home Alone: Congress Needs Security Plan The Washingtqn Times March 12,2002 

Create a House Select Committee on 

Homeland Journal of Homeland Security February 2002 Security 

Bureaucratic Barriers for Consequence 

Management Fire-Rescue Magazine August 1999 

(B) List any formal speeches you have delivered during the last five years and provide the 

Committee with. copies of those speeches relevant to the position for which you have been 

nominated. Include any testimony to Congress or any other legislative or administrative 

body. These items can be provided electronically via e-mail or other digital format. 

Title/To[!iC Plac~Audience Date(s} of Sueech 

Risk Modeling and Mapping Insurance Development Forum, July 20, 2017 London 

Cooperation on Non-Traditional 2015 ROC Taiwan-US-Japan Trilateral 

Security Challenges August 25, 2015 Security Dialogue 

Preparing for Disaster. U.S. 

Disaster Response Policy and The Heritage Foundation July20,2015 

Areas for Reform 

Ebola Outbreak and Response: 

Assessment T.he Heritage Foundation Aprll28, 2015 offuitial U.S. Actions 

Hurricane Sandy: One Year Later Homeland Security Studies and December 5, 2013 Analysis Institute 

Confirmation bearing for the 

District of Columbia Homeland D.C. City Council December 6, 2012 

Security Commission 

(C) List all speeches and testimony you have delivered in the past ten years, except for 

th · ose t h e text o w f h' IC h ' you are proVl 'd' m~~:to t h e c om mi ttee. 

Title Place/Audience Date{sl of S!!eech 

Public Health and Emergency 

Management: Challenges and Homeland Security Policy Institute June 7, 2012 

Opportunities 

One Year Later. Lessons from 

Recovery After The Great Eastern Heritage Foundation May 11,2012 Japan Earthquake 

8 
37 

The Real All-Volunteer Force: The Heritage Foundation November 15,2011 Citizens and Homeland Security 

Presidential Policy Directive-S: Homeland Security Policy Institute April 8, 20 11 N!!tional Preoaredness 

Two Terms, One Meaning: Kyiv Security Forum: A 

National Resilience or Homeland Platform for European Security November 12,2010 

Security Architecture 

Lessons Learned from the Metro Joint Commission, Emergency AprilS, 2010 train crash Preparedness Compliance 2010 

PKEMRA Implementation: An Testimony before the Subcommittee 

on Emergency Communications, Examination ofFEMA's Preparedness and Response, March 17,2009 Preparedness and Response 

Mission Committee on Homeland Security, 

U.S. House of Representatives 

Public Safety Briefing on the 

Future ofFEMA and the Congressional Fire Services Institute January 27, 2009 

Department of Homeland Security 

Disaster Preparedness and 

Response: What's Next? CSIS November 19, 2008 

GW Community Remembers 9/11 George Washington University September 1 I 2008 

9. Criminal History 

Since (and including) your 181

h birthday, has any of the following happened? 

Have you been issued a summons, citation, or ticket to appear in court in a criminal proceeding 

against you? (Exclude citations involving traffic infractions where the fine was less than $300 and 

did not include alcohol or drugs.) 

No 

• Have you been arrested by any police officer, sheriff. marshal or any other type of Jaw enforcement 

official? 

No 

• Have you been charged, convicted, or sentenced of a crime in any court? 

No 

• Have you been or are you currently on probation or parole? 

No 

• Are you currently on trial or awaiting a trial on criminal charges? 

No 

9 
38 

• To your knowledge, have you ever been the subject or target of a federal, state or local criminal 

investigation? 

No 

IO.Proceedlngs 

(A}Since (and including) your 18th birthday, have you been a party to any public record 

civil court action or administrative or legislative proceeding of any kind that resulted in (1) 

a finding of wrongdoing against you, or (2) a settlement agreement for you, or some other 

person or entity, to .make a payment to settle allegations against you, or for you to take, or 

refrain from taking, some action. Do NOT include small claims proceedings. 

No 

(B) In addition to those listed above, have you or any business of which you were an officer, 

director or owner ever been involved as a party of interest in any administrative agency 

proceeding or civil litigation? Please identify and provide details for any proceedings or 

civil litigation that involve actions taken or omitted by you, or alleged to have been taken or 

omitted by you, while serving in your official capacity. 

No 

(C) For responses to the previous question, please identify and provide details for any 

proceedings or civil litigation that involve actions taken or omitted by you, or alleged to 

have been taken or omitted by you, while serving in your official capacity. 

N/A 

11. Breach of Professional Ethics 

(A) Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct 

by, or been the sul:!ject of a complaint to, any court, administrative agency, professional 

association, disciplinary committee, or other professional group? Exclude cases and 

proceedings already listed. 

No 

(B) Have you ever been fired from a job, quit a job after being told you would be fired, left 

a job by mutual agreement following charges or allegations of misconduct, left a job by 

mutual agreement following notice of unsatisfactory performance, or received a written 

warning, been officially reprimanded, suspended, or disciplined for misconduct in the 

workplace, such as violation of a security policy? 

No 

12. Tax Compliance 

(this information will not be published in the record of the hearing on your nomination, 

but it will be retained in the Committee's files and will be available for public inspection.) 

10 
39 

REDACTED 

13. Lobbying 

In the past ten years, have you registered as a lobbyist? If so, please indicate the state, 

federal, or local bodies with which you have registered (e.g., House, Senate, California 

Secretary of State). 

No 

14. Outside Positions 

X See OGE Form 278. (If, for your nomination, you have completed an OGE Fonn 278 

Executive Branch Personnel Public Financial Disclosure Report, you may check the box here to 

complete this section and then proceed to the next section.) 

15. Agreements or Arrangements 

X See OGE Form 278. (If, for your nomination, you have completed an OGE Form 278 

Executive Branch Personnel Public Financial Disclosure Report, you may check the box here to 

complete this section and then proceed to the next section.) 

16, Additional Financial Data 

All information requested under this beading must be provided for yourself, your spouse, 

and your dependents; (This information will not be published in the record of the hearing 

on your nomination, but it will be retained in the Committee's files and will be available for 

public inspection.) 

REDACTED 
SIGNATURE AND DATE 

I hereby state that l have read the foregoing Statement on Biographical and Financial Information and that the in

'QJ_~~C]M-~~=~·-·=-··•wmThis ~ day of~~~ , 2011-

15 
41 

UNITED STATES OFFICE OF 

GOVERNMENT ETHICS 

RIOACTED 

*-----------------------------------

The Honorabl~ Ron Johnson 

Chairinan 

Committee on Homeland Security 

arid Govemmental AffairS 

United Stall'S Senate 

washington, DC 20510 

Dear Mr, Chairman: 

July 31, 2017 

ln acc.ordance with the Ethics· in Government Actof1918, I enclose a copy oftfte 

financial disClosure report filed by Daniel J. Kaniewski, who has been nominated by 

President Trump for the po$ition of Deputy Administrator, Protection and Natural Preparedness. 

Fedel'al Eniergency Management Agency, Deparunent of Homeland Sei:ul'ity, 

We have reViewed the·rep01tand have·obtained advice from the agency concemin!) any 

possible conflict in light of its (\tnctions and the nominee's proposed du(ies, Also enclosed is an 

ethics agreemellt outlining the actions that the nominee will undertake to avoid conflict• of 

intereSt. Unless :a date for cOmplin:n~e is indicated in fh~ ethics. ~greement, the nominee m~·st 

fulltcMtply within three months of confirmation with any action specified ill the ethics 

agre.ement. 

Based thereon, we believe that this nominee is in conipliance with applicable laws and 

reguJatioJ1S governing conflicts of b'tterest. 

Sincerely, 

DavidJ.Apol 

Enclosures REDACtED Acting Director:and General Cbuti~el 

1201 NEW YORK AVENW•SUITF.Soo•WASH!Nt:TON DC·201l05 * * * * 
42 

Joseph.B. Maher . Designated Agency Ethics Official 

Ocpartnient ofHomelanQ Security 

Washington,. D.C. 20528·0485 

Dear Mr. Maher:. 

Jui)"2S,.20l7 

The purpose of this Jetter is to descri~ the steps that l will take to. avoid any actual or 

apparent contlict of interest In the .event thafJ am confirmed lbr the positi9n of Deputy 

Administrator for·Protectioil and NationaiPrepliredness; Federal Emergency Management 

.AsencY. Oepa.rlnlent ot:Homeland Security. 

As required by 18 u.s:c. § 208(8), l Will·notpaiticipale personally and subl!t;mlially·in. 

any particular matter in which 1 know that I have ilflnanliial inte.test directly il.Ild pre4ict!lbly 

affected I,Jy the matter, or in whicb I know that a person whose interests are imputed to me hlls a 

.iinililcial interest directly and pred(ciably affected by the matter, unless I first obtain a writlen 

waiver, pursuant to .18 U.S.C .. § 208(b)(l), pr q\uilify for a regldatoty exemption, pursuant to 

18 U.S.C, § 208(b)(2). I understand thal tlie interests of the following pe,rsons are imputed to 

me: a!lY spouse or minor child of mine; any general partner of a paitrief$blp in which I am !.1 

limi.ted orgeneral.partner; any organization in which I serve as officer,. director; trustee, general 

partner or employee; and BllY PCfllCI" or orgarii2:adpn with which I am negotiating ot ha~e tin 

arransement conpeming prosp!)Ctive employment. 

lJpon contirmatic;m, I witl re~ign from mY position with Air Worldwide. fhold unv~ted 

stock 'Options and unvested. restricted stock in AirWorldwide, 1 do not hold stock, vested stock 

options, vested restricted stock, or restricted stoclqmits in. Air Worldwide. ,Pursuant tp ihe 

company's cmnpensation plan, ill unvested stock options and \invested. restricted stock will be 

forfeited· upon separation. Pot a period ofone year after my resignation, I will not participate 

personally and substantially in any particular matter invoiVing.speciflc panies in which I know 

Air Wot1dwjde is a, party o.r n!presen(s a partf, unless I am first authorized to participate, 

pursuant to 5 C.P.R. § 263S.S02(d). . 
43 

Upon .confirmalion, I will resign from my position With Oeotge WaShington University.· 

lfl:Signed from my po~ition with. ANSER in: Juiy 20 l6. For a p~riod of one: y~r after my 

resigna~ion from each of these·entides, I will !JOI partic;ipate J)ersonally ~d .substantially in any 

particular matter involving specific parties in which I know that entitr is a pl!r).y ()r. represents a 

party, unless I am first authOrized to partiCipate, pll!'S\ial'it to S C.F.R. § 263S.S02(d). 

i Will diVest my interests in .the followh~g e!itiiies. within 9{) tlays ofmy confirmation: 

YieldStreet Law Firm Financing I, YieldStreet Accelerated Pre-Settlement Portfolio VIII, 

YieldStree~ Ac.celerated Pre•Settlelllent Portfolio IX, Yi~ldStreet Accelerated Pre·Senlement 

. Portfolio X; YieldStreet Diversiti~Pre~S!liTie!l)ent~ortfolio.XVIIl. Wfth regard to ellCh of 

these funds, 1 Will not. participa!e personally and substantially .in any particular mad~ in which to 

my knowledge I have Uinancial interest, if' the particular matter has a direct~md predictable 

effect.on the financiill interests ofthe fund or its underlying holdings untiiJ have divested 'i!, 

unless I firstob.tain a wriuen waiver, pursuant to 18 U.S;('t § 208()))(1)~.orqualify fora 

regulatory exemption, pursuant to 18 O.s.C. § 20S{b)(2). 

I understand that I may be eligible to request li Ceniflcate of Divestiture for qualifYing 

a.ssels:and thai. a Certificate of Divestiture is effective oniy ifobtained.prlor to divestiture~ 

Regardless of Whether l.~eive a C:erlifica(e.of Divestiture, l wil.l en.sureJhat all qivestitures 

diSt.ussed in this agreement occur within the agreed \ipon time~mes and that aU proceeds an: 

invested in non-conll ieting assets. 

If i have ttmnna~;ted account or otherwise use the services of an investment professional 

during tny appohitment,J will ensure that the aecoimtmanager or ln:Veslmentprofessional 

obtains my prior approval on a case-by-case basis for the purchase of any assets oilier than cash, 

cash equivalents, investment funds !bat qualifY for. the exemption at S C.P.R. § 2640.201(a); or 

obligations of the Uriited States. · · 

I wlll mee.t in person wi~ you D1'lmOtherDHS ethics official during ihe first week of my 

service. in the posiiion of Deputy AdminisiratorforPro!(!ction ;~nd Nation~ Preparedrie!isin · 

orderlo .complete the injtial e*ics hriefiilg required underS C.F~R. § 2638~305. Within 9() days 

of my confinilation, I will document my compliimce with this ethics agreement by notifYing you 

in writina when I have completed lhe steps described in thiifethii:s a:gttement. 

I understand that as an nppoihleeJ Will be required to sign the Eth)cs Pl.edge (Exec. Order 

no. 13;770) and. thatl Will.be bound by the requirements, and restrictions therein in addition to 

the connni.tments I ha~ made iiJ this etliics 11sreement. 
44 

I have been ndvised. that this-ethics agreement will be posted publicly, consistent with 

S U,S.C. § $52, on tl1e website ofthe US. Office ofGovemmentEthics with ethics agreements 

of other Presidential J!Omin.ees who file public fitll!ncial disclosure reports. 

Sincerely, 

~iS~~ Daniel J. Kaniewski 
45 

U.S. Senate Committee on Homeland Security and Governmental Affairs 

Pre-hearing Questionnaire 

For the nomination of Daniel Kaniewski to be 

Deputy Administrator for National Preparedness, 

Federal Emergency Management Agency, 

Department of Homeland Security 

1. Nomination Process and Conflicts of Interest 

!. Did the President or the Secretary of the Department of Homeland Security (DHS) give you 

specific reasons why you were nominated to be the next Deputy Administrator for National 

Preparedness of the Fedeml Emergency Management Agency (FEMA), and, if so, what 

were they? 

Neither the President nor the Secretary of Homeland Security gave me the specific 

reasons why I was nominated to this position. 

2. Were any conditions, express or implied, attached to your nomination? If so, please explain. 

No conditions were attached to my nomination. 

3. Have you made any commitments with respect to the policies and principles you will 

attempt to implement as Deputy Administrator for National Preparedness? If so, what are 

they and to whom have the commitments been made? 

I have not made any commitments with respect to the policies and principles I will 

attempt to implement if confirmed as Deputy Administrator for National 

Preparedness. 

4. Are you aware of any business relationship, dealing, or financial transaction that could 

result in a possible conflict of interest for you or the appearance of a conflict of interest? If 

so, please explain what procedures you will use to recuse yourself or otherwise address the 

conflict. And if you will recuse yourself, explain how you will ensure your responsibilities 

are not affected by your recusal. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Homeland Security's Designated Agency 

Ethics Official to identify potential conflicts of interest. Any potential conflicts of 

interest will be resolved in accordance with the terms of an ethics agreement that I 

have entered into with the Department's Designated Agency Ethics Official and that 

bas been provided to this Committee. I am not aware of any other potential conflicts 

of interest. 

II. Background of the Nominee 

5. What specific background, experience, and attributes qualifY you to be Deputy 

Administrator for National Preparedness ofFEMA? 
46 

For the past twenty years, I have focused on efforts to better prepare governments and 

citizens for natural and manmade disasters. I began my career as a 

firefighter/emergency medical technician in 1996. In that role, I learned firsthand the 

need for preparing for major incidents. I subsequently earned a degree in emergency 

medical services, became a certified paramedic, engaged on policy issues in several 

non-governmental roles, and served in government positions. 

Prior to September 11, I was an advisor at the Congressional Fire Services Institute 

and a homeland security fellow on Capitol Hill where I focused on the need to prepare 

first responders for terrorist attacks. 

After 9/1 t, I engaged Members of Congress and staff as a congressional liaison at 

FEMA. I then led emergency preparedness programs at the George Washington 

University Medical Center and subsequently co-founded a think tank at the university, 

the Homeland Security Policy Institute. 

I served as Special Assistant to the President for Homeland Security and Senior 

Director for Response Policy during the George W. Bush Administration. I advised the 

President and senior White House staff during domestic incidents and coordinated 

interagency emergency management policies. I oversaw the disaster declaration 

process for over 200 presidentially declared disasters and emergencies. 

I subsequently returned to George Washington University as Assistant Vice President 

for Homeland Security and Deputy Director of the Homeland Security Policy Institute. 

In that eapacity, I contributed to the debate on contemporary homeland security and 

emergency management policy issues through publications, media appearances, and 

task forces. 

I later served as Mission Area Director for Resilience and Emergency 

Preparedness/Response at the Homeland Security Studies & Analysis Institute, a 

federally funded research and development center serving the U.S. Department of 

Homeland Security. In this role, I was the senior executive responsible for emergency 

management, infrastructure security/resilience, and cybersecurity studies. 

I currently lead the resilience practice at a catastrophe risk modeling and consulting 

services firm, where I aim to reduce the burden of disasters on society. I am also a 

Center for Cyber & Homeland Security Senior Fellow, where I contribute thought 

leadership on homeland security and emergency management topics. 

I also served a four-year term on the DC Homeland Security Commission in 

Washington, DC, where I advised the city on homeland security and emergency 

management policies. 

I have also been a member of several other governmental and non-governmental 

organizations focusing on homeland security and emergency management. 

My education is directly relevant to this position as well. I hold a B.S. magna cum 

laude in Emergency Medical Services from George Washington University, an M.A. in 

2 
47 

National Security Studies from the Georgetown University School of Foreign Service, 

and a Ph.D. in Public Policy and Administration from George Washington University. 

6. Please describe: 

a. Your leadership and management style. 

I believe in setting the tone for any organization I lead by demonstrating an 

adherence to being ethical, informed, and engaged. I also believe that leaders need 

to rely on the expertise of their workforce to be successful. If confirmed, I will 

solicit input from employees and empower them to help address any challenges and 

look for opportunities for improvement. 

b. Your experience managing personnel. 

I have managed personnel ranging from entry-level staff to experienced managers 

in my positions at George Washington University, the White House, and the 

Homeland Security Studies and Analysis Institute. 

c. What is the largest number of people that have worked under you? 

At the Homeland Security Studies and Analysis Institute, I was responsible for 

managing over 30 full time analysts, two division managers, and numerous 

consultants and subject matter experts. As a matrixed organization, other analysts 

worked under me for various studies, and thus those who worked under me either 

full time or for particular studies was well over 50 analysts. 

7. Please describe your experience working in the field of emergency management and 

homeland security. 

a. How have you successfully managed and responded to large-scale disasters during 

your career? 

I have long focused on preparing the Federal government, state, local, and tribal 

governments, and citizens for manmade and natural disasters. I did this through 

thought leadership at think tanks (task forces, white papers, op-eds), studies for 

FEMA and DHS stakeholders on emergency management topics, government 

service at FEMA and the White House (including co-authoring the government 

after action review "The Federal Response to Hurricane Katrina: Lessons Learned" 

and overseeing the interagency review of the National Response Framework, 

National Incident Management System, and National Exercise Program), and 

catastrophe risk modeling. I also advised the Government of the District of 

Columbia through the DC Homeland Security Commission. 

Early in my career, I personally responded to local emergencies, including mass 

casualty incidents as a firefighter and paramedic. 

3 
48 

III. Role of the Deputy Administrator of National Preparedness of FEMA 

8. Why do you wish to serve as Deputy Administrator for National Preparedness? 

I wish to serve the Nation in a way that will leverage my twenty years of experience in 

homeland security and emergency management. I have a passion for preparing 

governments, communities, and individuals for manmade and natural disasters. I 

believe I can have a positive impact on the Nation's preparedness for disasters by 

serving in this role and building upon the accomplishments of FEMA to date as well as 

developing new and innovative programs for the future. 

9. What do you see as the principal mission(s) of the National Preparedness Directorate? 

I see the principal mission of the Directorate as being to better prepare individuals, 

communities, and governments (at the local, state, tribal, and Federal levels) for 

manmade and natural disasters. This mission should be informed by risk and take an 

all-hazards approach. 

I 0. What do you anticipate will be your greatest challenges as Deputy Administrator of 

National Preparedness, and what do you expect will be your top priorities? What do you 

hope to accomplish during your tenure? 

If confirmed, I anticipate the greatest challenge in this role will be to provide desired 

resources for all stakeholders. Related, because resources are inherently limited, we 

will need a clear and transparent approach to allocating resources in a risk-based 

manner. Thus enhancing the efficient and transparent allocation of resources will be a 

top priority for me. I also hope to build upon citizen preparedness programs, 

strengthen relationships with stakeholders, and enhance federal preparedness 

integration efforts. 

ll. Has the Secretary ofDHS or FEMA Administrator discussed his priorities for national 

preparedness with you? If so, what were they? 

The FEMA Administrator has made it clear to the American people that national 

preparedness is a priority for FEMA. Enhancing citizen preparedness seems to be a 

particularly high priority for the Administrator. 

12. Do you envision any changes in the missions of the National Preparedness Directorate from 

its current role within FEMA? 

The missions of the organization have evolved over time. Should I be confirmed, I look 

forward to comprehensively reviewing the missions of the Directorate and making 

recommendations as appropriate to the FEMA Administrator for consideration. 

13. What do you see as the National Preparedness Directorate's principal strengths and 

weaknesses in its ability to accomplish those mission(s) 

4 
49 

The principal strengths of the Directorate are its existing relationships with 

stakeholders and years of experience managing and delivering preparedness programs 

at the local, state, and federal levels. If confirmed, I will comprehensively review the 

organization to determine what, if any, weaknesses exist, and work to promptly 

address these. 

IV. Policy Questions 

National Preparedness System 

14. What is your assessment of our nation's preparedness today, both at the federal level and at 

the state, local, and tribal government level? 

The Nation is better prepared for terrorist attacks and natural disasters than ever 

before. We have faced events that have led to substantial changes to federal policy, 

programs, and doctrine, positively impacting preparedness at all levels of government. 

That said, preparedness requires a sustained national effort to constantly assess, build, 

and evaluate capabilities at the federal, state, local, and tribal levels. If confirmed, I 

look forward to helping to lead such efforts. 

IS. What do you foresee as the greatest challenges to fulfilling your responsibilities in leading 

interagency preparedness efforts? 

If confirmed, since there is no government-wide preparedness budget akin to the 

Disaster Relief Fund (for disaster response costs), budgeting for interagency 

preparedness will continue to be a challenge. Such efforts will require working 

together with my colleagues from the many federal departments and agencies with 

preparedness roles. I am hopeful that my existing relationships with many of the 

professionals throughout the U.S. government will help us to manage a more 

synchronized effort to enhance preparedness across the entire government. 

16. In your view, should any authorities be modified to better enable FEMA to leverage the 

capabilities of other departments and agencies in preparing for and responding to disasters 

and catastrophic incidents? 

If confirmed, I look fonvard to examining current authorities to determine if 

modifications are necessary to better accomplish the preparedness mission. 

Exercises and Training 

I 7. What will be your goals and priorities in developing national level exercises? 

National level exercises are an essential component of the National Exercise Program. 

National level exercises should test all levels of government for a variety of riskinformed scenarios, including both manmade and natural disasters. If confirmed, I 

would seek to ensure we have stakeholder buy-in during the exercise development 

5 
50 

phase, stakeholder participation during the execution phase, and stakeholder input 

during the lessons learned review following each exercise. Only by Involving 

stakeholders at the federal, state, local, and tribal levels can the exercises meet the 

objectives as envisioned by the National Exercise Program. 

18. In your estimation, what is the appropriate balance between preparing for and exercising 

scenarios based on relatively low probability terrorist events and scenarios based on 

relatively high probability natural disasters, such as weather-related incidents, earthquakes, 

or fires? 

Federal, state, local, and tribal stakeholders benefit from both manmade (including 

terrorism) and natural disaster scenarios. Though many of the response actions are 

similar (and I embrace an all-hazards approach), specific scenarios based on potential 

manmade and natural threats are necessary to exercise all aspects of a potential 

response. Thus, both types of scenario categories are necessary, and specific scenarios 

should be informed by the risks a particular geographic area and/or the Nation face. 

Medical Preparedness 

19. Please provide your assessment of our nation's preparedness tor a biological catastrophe, 

such as a major act of biological terrorism or pandemic influenza? If confirmed, how will 

you improve coordination efforts between FEMA and the Department of Health and Human 

Services (HHS) in preparation for such an event? 

Biological terrorism and pandemic influenza are among the most potentially 

devastating catastrophes because of the rapid spread of pathogens (whether intentional 

or naturally occurring) among populations. Preparing for a biological event requires 

significant investments planning, tralning, protective equipment, and exercises, as well 

as medical countermeasures for specific pathogens. If confirmed, I will work closely 

with HHS, including my former colleague Dr. Robert Kadlec, Assistant Secretary for 

Preparedness and Response, to ensure a seamless Integration between HHS and 

FEMA. 

Grants 

20. Please explain your understanding of the respective roles of Grants Programs Directorate 

(GPD) and National Preparedness Directorate and how they relate to one another. If 

confirmed, what will you do to ensure effective coordination between the two directorates? 

The Grant Programs Directorate (GPD) and National Preparedness Directorate (NPD) 

are the two primary components of Protection and National Preparedness (PNP). GPD 

administers and manages grant programs. NPD develops and executes preparedness 

doctrine, assessments, training, and exercise programs. If confirmed, I will work with 

the leadership in place to assess current coordination levels and, as appropriate, take 

steps to improve upon it. 

6 
51 

21. If confirmed, what specific steps will you take to meet the statutory requirements of the 

National Preparedness Report and improve current preparedness assessments? 

If confirmed, I will assess the current process for developing the National 

Preparedness Report and look for opportunities to improve preparedness assessments. 

In doing so I will ensure compliance with all statutory requirements. My goal would be 

to ensure that all reports and assessments enhance the Nation's preparedness for 

manmade and natural disasters. 

22. If confirmed, how will you work with GPD to ensure that preparedness assessments are 

appropriately considered in grant guidance and allocation? 

If confirmed, I will work collaboratively with NPD and GPD in hopes of achieving a 

common understanding of requirements so that both directorates fmd that assessments 

inform their missions. Only with clear requirements can they achieve their respective 

missions. 

National Preparedness Capacity 

23. What steps will you take, if confirmed, to assess the current state of national preparedness 

and to measure progress of the national preparedness system? 

If confirmed, I wiU review the methodology to produce the National Preparedness 

Report to understand the current process employed to assess national preparedness. 

As appropriate, I will look for opportunities to enhance the methodology in an effort to 

develop clear metrics to assess progress of the national preparedness system. 

24. What do you see as the short-term and long-tenn challenges in creating and sustaining the 

National Protection Directorate? 

While not at FEMA and able to fully assess, I imagine one of the short-term challenges 

for NPD is to ffilleadership vacancies to ensure all divisions are led by permanent 

(rather than acting) leaders. A longer-term goal would be to ensure all NPD divisions 

are synchronized with each other, and with GPD. I will review the extent to which this 

is a challenge, and develop solutions as necessary, should I be confirmed for the 

position. 

25. What role do you believe the private sector should play in emergency management? 

The private sector plays a significant role in emergency management. Private sector 

companies must be prepared for disasters just as public sector organizations must be, 

as citizens and communities rely upon the private sector during disasters and 

emergencies. 

a. How can the private sector become more resilient and prepared? 

7 
52 

Private sector companies should develop robust preparedness (business 

continuity) programs in the areas of planning, training, exercising, and 

equipment. By understanding the risks they face, companies can better prepare 

and thus be more reslllent when disaster strikes. 

b. How can the private sector assist federal, state, and local governments in emergency 

management? 

The private sector can provide critical support to federal, state, and local 

governments during disasters and emergencies. Whether it be providing 

commodities, working logistics, sheltering, providing equipment, specialized 

expertise or other necessary support during a disaster, the private sector has 

unique capabilities to support governments' preparedness, response, and 

recovery actions. The private sector also provides individuals access to 

necessary supplies, expertise, and services, and without these, the government's 

burden becomes greater. 

c. How can the National Preparedness Directorate improve its engagement with the 

private sector to ensure it is truly integrated in national preparedness efforts? 

NPD can improve its engagement with the private sector by welcoming them as 

partners in national preparedness efforts. NPD should articulate the critical 

role the private sector plays to both demonstrate its understanding to the 

private sector as well as to educate other stakeholders and the public writ large 

on the important role the private sector plays in preparedness efforts. 

26. If confirmed, how do you intend to ensure that FEMA regional offices meet their national 

preparedness responsibilities? What, if any, improvements or enhancements do you believe 

should be made at FEMA regional offices to strengthen our nation's preparedness? 

The FEMA regional offices play a critical role in national preparedness. They best 

understand the state, local, and tribal requirements in their geographic areas, and 

headquarters should rely upon the region's guidance to inform national preparedness 

efforts. If confirmed, I would ensure that GPD and NPD are responsive to regional 

input and support the regions with programs that can be tailored based on their 

individual needs as they strive to strengthen the Nation's national preparedness. 

Citizen Preparedness 

27. What do you believe are the essential steps that FEMA should take to enhance its efforts to 

improve preparedness at the individual level? 

If confirmed, I commit to working on FEMA 's efforts to engage the broadest audience 

possible with its individual preparedness efforts. To do so, FEMA must have a credible 

voice with individuals and communities and have specific actions that those without 

formal preparedness training can take to ensure that they can prepare themselves, 

8 
53 

their families, and their communities for manmade and natural disasters. Messages 

need to be tailored based on the specific audience and likely risks they could face. 

28. What are your priorities for the National Preparedness Directorate's Individual and 

Community Preparedness Division? 

If confirmed, I would identify priorities for the Individual and Community 

Preparedness Division (ICPD) in consultation with the ICPD leadership and staff. I 

would also seek guidance from the Administrator on his priorities for ICPD. Working 

together with the Administrator, ICPD leadership and staff, and external stakeholders 

I would ensure ICPD's priorities are implemented. 

Management 

29. What do you see as the National Preparedness Directorate's most important management 

challenges, and what steps will you take to address these challenges? 

The Directorate has been reorganized several times since its inception. If confirmed, I 

will review the current structure, together with those familiar with the history of the 

organization, and determine what can/should be done to address any challenges. I will 

also discuss the results of my review with the Administrator and work with him to 

ensure that the organization is optimized for its mission, if confirmed. 

30. In the most recent Best Places to Work in the Federal Govenunent survey, FEMA ranked 

284 out of 305 federal agencies for employee morale. In your view, what factors drive 

morale and employee engagement at FEMA? What steps are needed to make progress in 

this area? 

If confirmed, I look forward to discussing the factors that drive morale and employee 

engagement with the PNP workforce. I will then determine what steps might enable us 

to best make progress in this area. It is very important to me that the workforce be 

motivated to execute FEMA's mission and I will seck to resolve anything that may be 

negatively affecting morale and engagement. 

31. Protecting whistleblower confidentiality is of the utmost importance to this Committee. 

a. How do you plan to implement policies within the agency to encourage employees 

to bring constructive suggestions forward without the fear of reprisal? 

If confirmed, I would welcome employee input and feedback through any 

means they might feel comfortable sharing this, including anonymously. 

Employees throughout the organization have a perspective on policies and 

programs that may be invaluable to the organization and I want to encourage 

them to share, openly or privately, with management. 

9 
54 

b. If confinned, what avenues will be available to employees to report waste, fraud, or 

abuse within FEMA? 

If confirmed, I will ensure employees have appropriate avenues to report waste, 

fraud, or abuse, whether it is to me directly, their supervisors, or to 

organizations such as the Office of the Inspector GeneraL OIG plays an 

invaluable role in ensuring FEMA operates within the law and applicable 

regulations. 

c. Do you commit without reservation to work to ensure that any whistleblower within 

FEMA does not face retaliation? 

I do. 

d. Do you commit without reservation to take all appropriate action if notified about 

potential whistleblower retaliation? 

I do. 

V. Relations with Congress 

32. 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 con finned? 

I do. 

33. Do you agree without reservation to make any subordinate official or employee available to 

appear and testify before, or provide infonnation to, any duly constituted committee of 

Congress if you are confinned? 

I do. 

34. Do you agree without reservation to comply fully, completely, and promptly to any request 

for documents, communications, or any other agency material or infonnation from any duly 

constituted committee of the Congress if you are confinned? 

I do. 

VI. Assistance 

35. Are these answers your own? Have you consulted witl1 DHS or any other interested parties? 

If so, please indicate which entities. 

Yes. In an effort to be forthright and responsive to the Committee, I have participated 

in a few high level pre-conf'Irmation brlefmgs with FEMA staff and the Department of 

10 
55 

Homeland Security. These consultations were generally used to inform my answers at 

a high level, but these answers are my own. 

11 
56 

U.S. Senate Committee on Homeland Security and GQvernmental Affairs 

Supplemental Minority .Pre-hearing Questionnaire 

For the nomination of Daniel Kaniewski to be 

Deputy Administrator for National Preparedness, 

Federal Emergency Management Agency, 

Department of Homeland Security 

I. Policy Questions 

National Preparedness System 

1. Please explain your vision for national preparedness generally. What, in your 

judgment, are the broad national preparedness priorities, and what will you do, if 

confinned, to address them? 

My vision for national preparedness is an integrated, all-hazards approach to 

preparing the federal, state, local, and tribal governments, the private sector, 

non-governmental organizations, individuals, and communities for the risks they 

face. This would include technical and financial support for activities such as 

planning, training, exercises, and equipment, and to understand and address 

risks through assessments, capacity building and best practices. 

The broad national preparedness priorities in my view are to build and sustain 

capacity at all levels of government and other stakeholders, enhance 

stakeholders' understanding of risk, and deliver programs tailored to particular 

risks and stakeholder needs. 

If confirmed, I would work with the Administrator to address these priorities by 

seeking to better understand and evaluate risks and have these risks inform 

preparedness programs. This will require coordination both inside and outside 

FEMA, with key stakeholders and technical experts. It will also require 

evaluating current programs and determining how to enhance them based on 

stakeholder needs. FEMA should be delivering world-class programs, and 

anywhere the agency is falling short, we must take appropriate corrective 

actions. 

2. What do you view as FEMA's role in promoting state, local, and tribal preparedness, 

so that there are no weak links in our national preparedness for terrorist attacks and 

natural disasters? 

A primary mission for FEMA is to support state, local, and tribal preparedness 

efforts. As a former firefighter and paramedic who has long been involved in 

state and local preparedness issues, engaging these stakeholders would be a top 

priority for me. 

12 
57 

3. What do you view a~ FEMA's role in supporting state, local, and tribal mitigation 

efforts? 

FEMA should play a key role in supporting state, local, and tribal mitigation 

efforts. While this is primarily the domain of the Federal Insurance and 

Mitigation Administration (FIMA), I believe all FEMA divisions should 

encourage state, local, and tribal mitigation efforts and provide support as 

appropriate to enhance mitigation efforts of these governments. 

4. In your opinion, should the federal government shift more of the financial 

responsibility for preparedness and mitigation to state and local govermnents? 

I believe preparedness and mitigation is a shared responsibility between all 

levels of government. As such, the financial responsibility should be shared. If 

confirmed, I will seek input from stakeholders at all levels of government to 

better understand whether the balance between federal and state/local 

government funding is appropriate. 

Exercises and Training 

Grants 

5. What do you see as FEMA's role in promoting greater participation among state and 

local emergency responders in major national exercises? 

FEMA has the lead role in ensuring its state and local partners understand that 

National Level Exercises are an essential part of the Nation's preparedness 

efforts. As such FEMA should strive to get maximum participation from state 

and local emergency responders for major national exercises. 

6. The National Domestic Preparedness Consortium (NDPC) was established in 1998 

and is the primary method through which the National Preparedness Directorate 

delivers comprehensive, all-hazards training to state and local first responders, 

including training programs that focus on response to and recovery from weapons of 

mass destruction, CBRNE agents, and natural disasters. The President's budget 

request for Fiscal Year (FY) 2018 would eliminate funding for NDPC. Do you 

support this request? Why or why not? 

If confirmed, I look forward to learning more about the National Domestic 

Preparedness Consortium and the FY18 budget request to better understand the 

merits of the program and appropriate funding levels. 

7. In your opinion, how effective are the various preparedness grant programs FEMA 

administers in building state and local resilience to terrorist attacks and natural 

disasters? 

13 
58 

I believe that the preparedness grant programs that I"EMA administers have 

enhanced state and local governments' resilience for manmade and natural 

disasters. Without these grants it is possible that governments would not be 

significantly better prepared since 9/11, as they are today. 

8. To what extent do you believe more quantitative assessments of preparedness grants 

are possible? 

If confirmed, I would assess the methodologies used in the current process and 

strive to enhance FEMA 's use of methodologies and tools that would promote 

more tangible understanding of the return on grant dollar investments. 

9. What are some of the key metrics you believe would be most useful in assessing the 

effectiveness of the preparedness grant programs administered by FEMA? 

I believe that metrics should be outcome, rather than output, based. In other 

words, rather than simply measuring the number of grants distributed, FEMA 

should consider what level of preparedness has been achieved by the grants. 

By assessing metrics as risk reduction due to grant investments, the value of the 

grants in better preparing governments and other stakeholders for manmade 

and natural disasters can be better demonstrated. 

l 0. How could coordination between FEMA preparedness grant programs be improved to 

ensure grants in a single geographic area work synergistically to promote 

preparedness? 

Better coordination between FEMA preparedness grant programs couJd ensure 

grants in a single geographic area work synergistically to promote preparedness 

by engaging stakeholders in the region in a comprehensive manner. This could 

include all applicable grant programs among several jurisdictions. There should 

not be firewaUs between programs or jurisdictions as coordination among them 

will serve as a force multiplier to enhance national preparedness. 

1 J. The President's budget request would reduce funding for six counterterrorism grant 

programs- the Urban Area Security Initiative, State Homeland Security Program, 

Port Security Grant Program, Public Transportation Security Assistance, Countering 

Violent Extremism grant program, and Complex Coordinated Terrorist Attacks grant 

program- by more than $400 million in FY 2018. Do you support this request? 

Why or why not? 

If confirmed J will seek to better understand the role that each of these grant 

programs plays in the national preparedness effort and the rationale ofthe FY18 

budget request. 

14 
59 

II. Relations with Congress and the Public 

12. If confinned, how will you make certain that you will respond in a timely manner to 

Member requests for intbnnation? 

I will work closely with Members, their staff, and the FEMA legislative affairs 

office to ensure that I respond in a timely manner to Member requests for 

information. 

13. If confinned, do you agree without reservation to reply to any reasonable request for 

infonnation from the Ranking Member of any duly constituted committee of the 

Congress? 

I do. 

14. If confinned, do you agree without reservation to reply to any reasonable request for 

infonnation from members of Congress? 

I do. 

15. If confinned, do you commit to take all reasonable steps to ensure that you and your 

office comply with deadlines established for requested infonnation? 

I do. 

16. On May I, 2017, the Department of Justice Office of Legal Counsel (OLC) issued an 

opinion regarding how executive branch agencies should respond to requests from 

ranking members of congressional committees. The OLC opinion states that agencies 

have the "discretion'' to respond to oversight requests from ranking members or 

individual members of Congress. The OLC opinion identifies that "the Executive 

Branch has historically exercised its discretion in determining whether and how to 

respond." Do you believe this opinion to control your office in its communication 

with Congress? If so, please describe the factors you would weigh in evaluating the 

circumstances that warrant a response to a request by the Ranking Member of any 

duly constituted committee of Congress. 

If conirrmed, it is my intention to respond to all requests from Members of 

Congress. 

17. If confinned, do you commit to protect subordinate oft'icials or employees from 

reprisal or retaliation for any testimony, briefings or communications with members 

of Congress? 

I do. 

15 
60 

18. If confinned, will you ensure that your staff will fully and promptly provide 

information and access to appropriate documents and officials in response to requests 

made by the Government Accountability O!lice (GAO) and the Congressional 

Research Service? 

I will. 

19. If confinned. will you agree to work with representatives from this Commit1ec and 

the GAO to promptly implement recommendations for improving your onice's 

operations and effectiveness? 

I will. 

20. lfconfinned, will you direct your staff to fully and promptly respond to Freedom of 

Jntimnation Act requests submitted by the American people? 

I will. 

IV. Assistance 

21. Are these answers your own? Have you consulted with DHS or any other interested 

parties? If so, please indicate the individuals or entities with whom you have 

wnsulted and the nature of the assistance they provided. 

Y cs. In an effort to be forthright and responsive to the Committee, I have 

participated in a few high level pre-confirmation briefings with FEMA staff and 

the Department of Homeland Security. These consultations were generally used 

to inform my answers at a high level, but these answers arc my own. 

l. n~rJ 1_~~-fANJf:lJ'>i::{. hereby state that I have read the fiJregoing Pre-Hearing 

Questionnaire and Supplemental Questionnaires and that the information provided therein is. to 

the hcst of my knowk'dgc, current. accurate. and complete. 

(h~ \ ~- /) _______ {p .... ________ .J?u 

(Sij,.'11aturc) '·· 

16 
61 

Senator Rand Paul 

Post-Hearing Questions for the Record 

Submitted to Dr. Daniel Kaniewski 

Nomination of Daniel Kaniewski to be Deputy Administrator for Protection and National 

Preparedness, FEMA 

U.S. Department of Homeland Security 

Tuesday, September 12, 2017 

!. In your response to pre-hearing questionnaire #9, you emphasized that the National 

Preparedness Directorate would "need a clear and transparent approach to allocating 

resources in a risk -based manner." 

This is particularly true of FEMA's preparedness grant programs. FEMA has awarded 

well over $40 billion in homeland security grants over the past 15 years 1

; however, state 

and local governments are often using federal dollars to purchase items they otherwise 

would not (such as armored vehicles2

), to handle routine expenses (such as salaries and 

overtime3), or to purchase items of questionable utility (such as snow cone machines4

). 

Question: What will you do to improve the administration of these grant programs in 

order to eliminate wasteful and superfluous spending? 

If confirmed, I will review current processes for awarding homeland security grants 

to state and local governments and other stakeholders to ensure proper mechanisms 

exist to prevent waste, fraud and abuse. I will also ensure that there are proper 

oversight mechanisms and controls in place to prevent awards for ineligible 

expenses. FEMA must continue to improve its stewardship of taxpayer dollars and 

operates consistent with applicable statutes, regulations, and policies. 

Question: What are the key objectives, elements, and metrics of a more focused and riskbased approach to allocating FEMA preparedness grants, and how do you intend to 

implement these? 

If confirmed, I look forward to reviewing FEMA's current approach to allocating 

preparedness grants. I will also review the risk assessment, which informs the 

allocation of risk-based grants. I will then determine, by engaging internal and 

external stakeholders, how we can improve current processes and procedures to 

meet the program objectives. FEMA must have a risk-based approach that focuses 

1 Page 2, Progress and Continuing Challenges in National Preparedness Efforts, April 12, 2016, U.S. Government 

Accountability Office, accessed Sept. 12, 2017 at: https://www.gao.gov/assets/680/676484.pdf 

2 Page 23, Safety at Any Price: Assessing the Impact of Homeland Security Spending in U.S. Cities, December 2012, 

Senator Tom Coburn, accessed Sept. 12,2017 at: https://info.publicintelligence.net/SenatorCoburn-UASI.pdf 

3 1bid 

4 Montcalm County gets homeland security snow cone machine, Dec. 3, 2011, The Daily News (Greenville, Mich.), 

accessed Sept. 12, 2017 at: https://thedailynews.cc/articles/montcalm-county-gets-homeland-security-snow-conemachine/ 
62 

on tangible outcomes (e.g., a community prepared for its top risks) rather than 

simply outputs (e.g., number of fire trucks purchased). 
63 

Senator Jon Tester 

Post-Hearing Questions for the Record 

Submitted to Dr. Daniel Kaniewski 

Nomination of Daniel Kaniewski to be Deputy Administrator for Protection and National 

Preparedness, FEMA 

U.S. Department of Homeland Security 

Tuesday, September 12,2017 

1) According to your biographical questionnaire, you started your job at the White House as 

Special Assistant to the President for Homeland Security and Senior Director for 

Response Policy one month before Hurricane Katrina hit New Orleans. 

What functions did you control during the White House's Katrina response? 

I started my job as Director for Response and Recovery Policy in July 2005, one 

month prior to Hurricane Katrina's landfall (I was subsequently promoted to 

Special Assistant to the President for Homeland Security and Senior Director for 

Response Policy in March 2007.) During Katrina, I was responsible for supporting 

the White House-led interagency policy process (through the Homeland Security 

Council) and providing support as required to Homeland Security Council staff and 

White House staff. 

Please note some of the most practicable lessons you learned from the response to 

Hurricane Katrina. 

Effective support from the federal govermnent to state and local officials requires 

that the federal govermnent have real time knowledge ofthe situation on the 

ground. This "situational awareness" was sorely lacking during the Katrina 

response and inhibited federal response efforts. The federal govermnent has made 

significant efforts to enhance its situational awareness in a nmnber of ways, 

including closely monitoring media reporting, as well as social media (which was not 

widely used during Katrina). 

The federal govermnent also needed to be more proactive in providing federal 

support to the state and local officials. 

Many ofthe lessons learned from Katrina were codified in the Post-Katrina 

Emergency Management Reform Act of2006. 

2) As you are likely aware, the State of Montana is dealing with multiple wildfire 

complexes ranging from hundreds of acres to over a hundred thousand acres. Some of 

these fires are so expansive that some are not expected to be I 00 percent contained until 

late October. Moreover, due to their size and rapid spread, these fires have outstripped 

Montana's budget to fight them You are nominated to lead the National Preparedness 

System, which includes reviewing and updating capabilities, resources and plans. 
64 

With the severe fires hitting the western U.S. right now, do you plan to revisit how 

FEMA should address wildfire risks and resources? 

If confinned, I will ensure that wildfire risks and resources are appropriately 

considered within Protection and National Preparedness (including the National 

Preparedness System). I will also work with my colleagues throughout FEMA to 

ensure our efforts to address wildfire risks and resources are synchronized 

throughout the agency. 

Because wildfires have wildly outstripped states' ability to pay for them, would you be 

open to revisiting the federal cost share for Fire Management Assistance Grants? 

Though Fire Management Assistance Gnmts are not in the purview of Protection 

and National Preparedness, if confinned, I will ensure that the appropriate FEMA 

officials are aware of your question to revisit the federal cost share for the grants. 
65 

American 

Red Cross 

September 12, 2017 

The Honorable Ron Johnson 

Chairman 

Committee on Homeland Security and Governmental Affairs 

340 Dirksen Senate Office Building 

Washington, D.C. 20510 

The Honorable Claire McCaskill 

Ranking Member 

Committee on Homeland Security and Governmental Affairs 

340 Dirksen Senate Office Building 

Washington, D.C. 20510 

Dear Chairman Johnson and Ranking Member McCaskill: 

National Headquarters 

8550 Arlington Blvd. 

Fairfax, VA 22301 

It is my pleasure to represent the American Red Cross in supporting President 

Trump's nomination of Daniel J. Kaniewski to serve as Deputy Administrator 

for National Preparedness for the Federal Emergency Management Agency 

(FEMA). 

The Red Cross works closely with FEMA, state and local emergency management 

partners to carry out the mandates of our Congressional Charter and our core 

mission to alleviate human suffering in the face of emergencies. We have worked 

extremely well with Dr. Kaniewski for many years - most specifically in his 

earlier service at the White House as Director of Response and Recovery Policy 

and later as Special Assistant to the President for Homeland Security and 

Senior Director for Response Policy. 

Dr. Kaniewski has a proven history in public safety and meets the skill and 

experience requirements for FEMA Deputy Administrator for National 

Preparedness as prescribed in the Post Katrina Emergency Management Reform 

Act (PKREMA). 

Dr. Kaniewski has an impressive background that spans academia and public 

service. His career body of work in the field of disaster preparedness makes him 

uniquely qualified. He understands the importance of using science and 

technology to better inform preparedness and planning and ultimately make 

better, smarter data-driven decisions. We know him to be particularly wellinformed, consistently an open, approachable and pragmatic partner and 

innovatively progressive in his thinking. I am enthusiastic about the possibilities 

of working with him in his new capacity as the FEMA Deputy Administrator for 

National Preparedness. 
66 

The American Red Cross stands in support of his nomination and encourages 

Congress to confirm him as FEMA Deputy Administrator for National 

Preparedness as swiftly as possible. If you have any questions, please do not 

hesitate to reach out to me or to the American Red Cross Government Relations 

unit. 

Sincerely, (~J j 

cx/cw.y 'S-' ,k-r,_ 

Harvey E. Johnson 

Senior Vice-President 

Disaster Cycle Services 
67 

August 31,2017 

The Honorable Ron johnson 

Chairman 

,Jill 

CHERTOFF 

GROUP 

Committee on Homeland Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

The Honorable Claire McCaskill 

Ranking Member 

Committee on Homeland Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

Chairman johnson and Ranking Member McCaskill: 

I offer my strong endorsement of Daniel Kaniewski to be Deputy Administrator for 

Protection and National Preparedness at the Federal Emergency Management Agency 

(FEMA). I have known Dan for over a decade and during this time have witnessed his 

tireless commitment to the public and deep domain expertise in homeland security and 

emergency management. 

Dan was in the White House during Hurricane Katrina and from that perch observed many 

of the challenges the federal government faced in mustering an effective response. l know 

that if confirmed, he would apply those lessons at FEMA and beyond. Needless to say, this 

institutional knowledge will prove invaluable during future disasters. 

Dan understands the role the federal government plays in preparing for and responding to 

disasters. By supportin& but not supplanting, state and local governments Dan embraces 

our constitutional form of government. And by empowering state and local officials with the 

capabilities they need to be successful, Dan would help to ensure that all levels of 

government are aligned toward the common objective of national preparedness. 

I firmly believe that FEMA would benefit from having Dan in a leadership role. Moreover the 

ultimate beneficiary of Dan's leadership will be an American public, who will be grateful 

that someone has better prepared the nation for future disasters. 

Please let me know if I can further elaborate on Dan's qualifications for this position. 

1399 NEWYORKAVHIUE NW,SUJTf 900 

WASHINGTON. OC 20005 

T.20H52.S280lF202.330SSOS 

www.~llertoffgrovp.com 
68 

Center for Cyber 

& Homeland Security 

THE GEORGE WASHINGTON UNIVERSITY 

August 30,2017 

The Honorable Ron Johnson, Chairman 

The Honorable Claire McCaskill, Ranking Member 

U.S. Senate Committee on Homeland Security & Governmental Affairs 

340 Dirksen Senate Office Building 

Washington, DC 20510 

Chairman Johnson and Ranking Member McCaskill: 

I am pleased to offer my unequivocal support for Dr. Daniel Kaniewski's nomination for 

FEMA Deputy Administrator for National Protection and Preparedness. Dan was my 

deputy at George Washington University, where he distinguished himself as Assistant 

Vice President for Homeland Security and Deputy Director of the Homeland Security 

Policy Institute. I know that Administrator Brock Long too will benefit by having Dan as 

his deputy. 

I have known Dan for nearly 20 years, having worked with him prior to 9/1 1 to develop 

terrorism preparedness policies and programs. From those early days, I have witnessed 

Dan apply his practical knowledge as a firefighter/paramedic to policy and operational 

homeland security and emergency management priorities. With his unique experience 

researching, speaking, and writing on these issues, combined with his government 

experience at FEMA, the White Hm1se, and on Capitol Hill, he has literally spent his 

entire career preparing for this moment to serve in a senior leadership role at FEMA. 

I can think of no better individual to support Administrator Long and FEMA in this 

critical role. And I have no doubt Dan would bring immediate leadership and expertise to 

FEMA as I watch the Hurricane Harvey inflict catastrophic consequences on Texas. The 

people of Texas, and those who will meet the fury of future disasters, will benefit from 

Dan's service to the nation at FEMA. 

Thank you for the opportunity to offer this support of Dan's nomination. 

Respectfully, 

~~ Center for Cybcr and Homeland Security 

GW Center for Cyber and Homeland Security 

2000 Pennsylvania Avenue, NW, Suite 2210 • Washington, DC 20052 

Tel: 202-994-2437 • E-Mail: cchs@gwu.edu 

htto:/ /cchs.li!wu.edu 
69 

Congressional Fire Services Institute 

August 17, 2017 

The Honorable Ron Johnson, Chairman 

The Honorable Claire McCaskill, Ranking Member 

1530 Wilson Boulevard, Suite 520/Arlington, VA 22209 

202-371-1277/update@cfsi,org 

www.dsi.org 

U.S. Senate Committee on Homeland Security & Governmental Affairs 

340 Dirksen Senate Office Building 

Washington, DC 20510 

Dear Chairman Johnson and Ranking Member McCaskill, 

It is my distinct honor and pleasure to write a letter in support of Dr. Daniel J. Kaniewski as Deputy 

Administrator of Preparedness for the Federal Emergency Management Agency (FEMA). 

I have known Dr. Kaniewski for 20 years. In 1997, I hired him as an intern at the Congressional Fire 

Services Institute during his sophomore year at George Washington University. As a volunteer 

firefighter with a keen interest in national security, he was already focusing his efforts on the need to 

prepare the nation's first responders for potential terrorist attacks several years before 9/11. Dr. 

Kaniewski certainly embraced his time at CFSI to further his education, interacting with national fire 

service leaders at every opportunity to enhance his knowledge and understanding about the role of 

the fire service in responding to major disasters- both manmade and natural. 

It has certainly been a matter of great pride for me to witness Dr. Kaniewski's career progress in 

Washington, DC. He is a person of unquestionable character and integrity. He understands FEMA's 

mission, and his background and experiences makes him fully capable of providing the leadership 

necessary to serve in the capacity of Deputy Administrator for Preparedness. He'll bring to the table 

keen insight on a realm of issues and challenges under FEMA's jurisdiction-- insight developed from 

years of research and study-- and apply his knowledge in a leadership capacity both wisely and 

effectively. 

Again, I thank you for this opportunity to express my full support for Dr. Kaniewski and encourage the 

Senate to confirm him without unnecessary delay. 

Sincerely, 

w~Vv\wA_ William M. Webb 

Executive Director 
70 

fi!obul f?esliiCI1i'l.' lnsritW<:: 

1-luntington ,\vent!\' 

SHi1e JJO 

\1oston. tv\A 02115 

;;rnamwtheos!ern 1'du 

The Honorable Ron Johnson 

Chairman 

Committee on Homeland Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

August 30, 2017 

Dear Chairman Johnson 

We are writing this letter of support for Dr. Daniel J. Kaniewski who has been nominated by 

the President to be Deputy Administrator for National Preparedness at the Federal Emergency 

Management Agency. Dan's homeland security credentials and accomplishments. 

particularly in the area of Emergency Preparedness and Response are impeccable and well 

documented and do not require further elaboration here. In a word, we know of no one more 

qualified that Dan Kaniewski to assume this important role. 

We have known and worked closely with Dan for over fifteen years as a direct report and as 

a colleague and friend. Most importantly, we have had the opportunity to witness Dan 

Kaniewski as a leader in government and in the private sector. He is a man of rock solid 

character and absolute integrity. As a leader, Dan leads from the front and by example. He 

always inspires his people with his decisive engaged leadership style. Dan's energy, vision, 

intellect and commitment are complemented by his deep and abiding concern for the welfare 

of his subordinates. He is a highly effective coach, mentor, role model and teacher. Dan also 

possesses extraordinary management, strategic planning, and organizational skills which 

have made him a highly success!i.Jl senior executive in the private sector. These gifts along 

with his exceptional communications skills will make him a highly effective senior leader at 

the Federal Emergency Management Agency. 

In closing, Dan Kaniewski is a man for others with a passion for public service. We cannot 

think of a more capable leader to help prepare the nation to address the natural and man-made 

disasters that potentially lie ahead. Our recommendation is offered with the utmost 

enthusiasm and confidence. 

Very Respectfully, 

Stephen E. Flynn, PhD 

Founding Director 

~-~ Philip Anderson, PhD 

Associate Director for 

Research and Innovation 
71 

August 31,2017 

The Honorable Ron Johnson 

Chairman, Committee on Homeland Security and Governmental Affairs 

Dirksen Senate Office Building 340 

Washington, DC 20510 

The Honorable Claire McCaskill 

Ranking Member, Committee on Homeland Security and Governmental Affairs 

Dirksen Senate Office Building 340 

Washington, DC 20510 

Dear Chairman Johnson and Ranking Member McCaskill: 

Emergency Manager"• 

IAEM Headquarters 

201 Park Washington Court 

Falls Church, VA 

22046-4527 USA 

Ph. 703-538·1795 

Fax 703-241·5603 

E-mail iaem.com 

www.iaem.com 

www.EMEX.org 

The U.S. Council of the International Association of Emergency Managers (IAEM-USA), the nation's 

largest emergency management professional association with approximately 5,000 members across the 

country, is pleased to strongly support the nomination of Dr. Daniel J. Kaniewski to be the Deputy 

Administrator for National Preparedness of the Federal Emergency Management Agency (FEMA). IAEMUSA represents THE profession dedicated to protecting America's local communities from all hazards 

and threats, natural and man-made. 

Dr. Kaniewski brings extensive leadership experience assisting and supporting local, state, and federal 

governments with building robust emergency management and supporting risk threat and 

management. Dr. Kaniewski previously served in the White House as Director of Response and 

Recovery Policy and later as a Special Assistant to the President for Homeland Security, and Senior 

Director for Response Policy for President George W. Bush. Dr. Kaniewski was a co-author of The 

Federal Response to Hurricane Katrina: lessons learned and shepherded improvements to emergency 

management to ensure our nation was better prepared for all-hazards. 

Of great importance to IAEM-USA, Dr. Kaniewski recognizes the value of all the emergency 

preparedness, response, and mitigation grants administered by FEMA. He understands and respects the 

role of FEMA as a partner with state and local stakeholders, and the whole community. Dr. Kanieweski 

began his career in homeland security as a firefighter and paramedic in Minnesota. 

Dr. Kaniewski has built his career in helping local, state, and federal governments prepare for, protect 

against, respond to, recover from, and mitigate our nation's natural and man-made disasters. 

Therefore, we strongly believe Dr. Kaniewski's experience qualifies him to be confirmed as 

Administrator of FEMA, and IAEM-USA urges a speedy confirmation. Having Dr. Kaniewski in place 

quickly to support the extraordinary challenges of recovery that we face from Hurricane Harvey and 

future threats is critical for the federal government. 

Sincerely, 

cX~ti.~d lanita lloyd 

President, U.S. Council of the International Association of Emergency Managers 
72 

INTERNATIONAL ASSOCIATION OF FIRE CHIEFS 

Prodding, leadership for the fire ~.md emergency services since 1873 

4025 FAIR RIDGE DRIVE • FAIRFAX, VA 220JJ-2868 • TV~.: 703/27.1w09lf • FAX: 703/273-9363 • W\\W.iafc.org 

September II, 2017 

The Honorable Ron Johnson 

Chairman 

Committee on Homeland Security 

and Governmental Affairs 

United States Senate 

Washington, DC 20510 

Dear Chairman Johnson and Senator McCaskill: 

The Honorable Claire McCaskill 

Ranking Member 

Committee on Homeland Security 

and Governmental Affairs 

United States Senate 

Washington, DC 20510 

On behalf of the nearly 12,000 fire and emergency service leaders ofthe International Association of Fire Chiefs 

(IAFC}, I express our support for Dr. Daniel Kaniewski to be the Federal Emergency Management Agency's 

Deputy Administrator for National Preparedness. Dr. Kaniewski is experienced in homeland security and 

emergency response policy, and also understands the needs of the nation's frontline first responders. 

Dr. Kaniewski has a long history of experience in the field of homeland security preparedness policy. He began 

his career as a firefighter/paramedic responding to emergencies firsthand. He also worked with the Gilmore 

Commission and the Congressional Fire Services Institute. During the administration of President George W. 

Bush, Dr. Kaniewski served as Special Assistant to the President for Homeland Security and Senior Director for 

Response Policy. In that position, he oversaw the disaster declaration process for more than 200 presidentiallydeclared disasters and emergencies. He also served as the Deputy Director for The George Washington 

University's Homeland Security Policy Institute, which has been a leader in the field of homeland security 

research and analysis. 

As the nation recovers from two major hurricanes, responds to major wildland fires and continues to prepare for 

the evolving terrorist threat, it is important that FEMA be staffed with experienced leaders like Dr. Kaniewski. 

The IAFC believes that Dr. Kaniewski has the experience to lead the nation's all-hazards preparedness efforts 

during these trying times. The !AFC looks forward to working with the committee to ensure that Dr. Kaniewski's 

nomination is considered in a timely manner. 

Thank you again for your support for America's fire and emergency service! 

Sincer~J,y, I 

/~ { n {. ~e ChiefThom~tins V 

President and Chairman of the Board 

: kl 
73 

August 31, 2017 

The Honorable Ron Johnson 

Chairman, Committee on Homeland Security and Governmental Affairs 

Dirksen Senate Office Building 340 

Washington, DC 20510 

The Honorable Claire McCaskill 

Ranking Member, Committee on Homeland Security and Governmental Affairs 

Dirksen Senate Office Building 340 

Washington, DC 2051 0 

Dear Chairman Johnson and Ranking Member McCaskill: 

I had the honor and privilege to serve as the Deputy Administrator of the Federal Emergency 

Management Agency (FEMA) for Protection and National Preparedness from May 2009 to 

January 2017. As the person to most recently have held that position with the advice and consent 

of the Senate, I am writing today in support the nomination of Dr. Daniel J. Kaniewski to 

succeed me as FEMA Deputy Administrator for Protection and National Preparedness. 

I have known and worked with Dr. Kaniewski for more than a decade. Since his time on the 

White House Homeland Security Staff as Director of Response and Recovery Policy, later as a 

Special Assistant to the President for Homeland Security and Senior Director for Response 

Policy in the George W. Bush administration, he has worked closely with partners at all levels of 

government. Since his leaving government, he has continued to be a respected and constant 

presence in the in the homeland security and emergency management community, contributing to 

the advancement of policy and practice, and advancing the field. 

It is my opinion that based on his experience and thoughtfulness, Dr. Kaniewski is extremely 

well suited to the position for which he has be nominated, and will ably and conscientiously 

continue to advance the capabilities of the Nation to prevent, protect against, respond to, recover 

from, and mitigate emergencies, disasters, and acts of terrorism. 

I have great faith in the men and women of FEMA and the Department of Homeland Security 

serving in acting capacities, but I know though personal experience how vital it is to have duly 

appointed representatives of the administration that have been given the scrutiny and 

consideration of the United States Senate serving in those positions. As the impact of Hurricane 

Harvey is being assessed and additional storms develop through the balance of the hurricane 

season, to say nothing of the myriad other threats and hazards that have no seasonality, I believe 

it is important that the balance of the FEMA leadership be in place. I therefore respectfully urge 

the committee to consider his nomination at the earliest opportunity. 

Sincerely, 

Alexandria, VA 
74 

President 

Ms. Wendy Sm1th-Reeve, AZ 

Vice President 

Mf Mike Sprayberry, NC 

Secretary 

Mr W•lham Hackett. CT 

Treasurer 

Mr eradR!chy, 10 

Past.~sident 

Mr. BryanKoon. FL 

ExeeuliveDirector 

Ms TnnaRSheets 

RegtonaiVIce-Presidents 

Region I 

Mr BruceF1tzgarald,ME 

Region II 

Mr Kev1n W•sely, NY 

Region lit 

Mr Rick Fl1nn PA 

Region IV 

Mr lee Smrthson, MS 

ReglonV 

Mr ChnsKelem;ke,MI 

Region VI 

Mt.JayMitchell,NM 

Region VII 

Mr. Bryan Tuma. NE 

RegionVlll 

Mr. Kns Hamlet UT 

Region IX 

Mr Caleb Cage, NV 

Region X 

Mr Robert El:elle, WA 

NEMA NATIONALEMERGENCY 

MANAGEMENT ASSOCIATION 

August 31,2017 

Hon. Ron Johnson 

Chairman, Homeland Security and Governmental Affairs Committee 

U.S. Senate 

340 Dirksen Senate Office Building 

Washington, DC 20510 

Hon. Claire McCaskill 

Ranking Member, Homeland Security and Governmental Affairs Committee 

U.S. Senate 

322 Hart Senate Office Building 

Washington, D.C. 20510 

Dear Chairman Johnson and Ranking Member McCaskill: 

The National Emergency Management Association (NEMA) represents the 

emergency management directors in the 50 states, U.S. territories and District of 

Columbia who are responsible to their governors for all hazards disaster 

preparedness, mitigation, response and recovery. 

NEMA strongly supports President Trump's nominations of Mr. Daniel Craig to 

serve as Deputy Administrator and Mr. Daniel Kaniewski to serve as Deputy 

Administrator for National Preparedness, of the Federal Emergency Management 

Agency. 

FEMA does not have an "off season" and in light of the devastation wrought by 

Hurricane Harvey and the many other events around the country that stretch 

resources and people, FEMA needs strong leadership and support for Administrator 

Long and the hundreds of dedicated career public servants that help the agency 

succeed. 

Both men bring decades of experience to these positions and have worked tirelessly 

to build relationships across the diverse emergency management community. Mr. 

Craig and Mr. Kaniewski have the critical background required to serve at FEMA 

and bring expertise from the public, private, and academic sectors. They understand 

the importance of integrating a diverse group of stakeholders into preparedness, 

response, recovery, and mitigation initiatives and employing creative solutions to 

address challenges. 
75 

Mr. Craig and Mr. Kaniewski are highly-regarded emergency management 

professionals and have established relationships with state and local partners that 

will be critical in helping FEMA effectively fulfill its mission. They would be 

joining a strong, experienced, and effective team of emergency managers and can 

hit the ground running in support of FEMA' s critical mission. 

NEMA and its members stand in support the nominations of both Mr. Craig and 

Mr. Kaniewski and encourage Congress to confirm them both as swiftly as 

possible. If you have any questions, please do not hesitate to reach out to Alexa 

Noruk, NEMA's Director ofGovemment Relations at anorukriilcsg.org or (202) 

624-5459. 

Wendy Smith-Reeve 

NEMA President 

NEMA OFFICES 

The CounC1! of State Governments 

1775 Avenue of t11e States • lex~ngton, Kentucky 40511 • ($59) 244-6000 • FAX (a$9} 244·8239 

WASHINGTON OFFICE 

Hall of the States • 444 Nortn Capitol Street, SUite 401 • Washmgton. DC 20001 • (202) $24-.5459 • FAX (202) 624-5575 
76 

Tom Ridge 

September 5, 2017 

The Honorable Mitch McConnell 

Majority Leader 

United States Senate 

Washington, DC 20510 

The Honorable Ron .Johnson 

Chairman 

Homeland Security & Governmental Affairs 

United States Senate 

Washington, DC 20510 

The Honorable Charles Schumer 

Democratic Leader 

United States Senate 

Washington, DC 20510 

The Honorable Claire McCaskill 

Ranking Member 

Homeland Security & Governmental Affairs 

United States Senate 

Washington, DC 20510 

Dear Leader McConnell, Leader Schumer, Chairman .Johnson and Ranking Member McCaskill: 

I write to support the nomination of Dr. Daniel Kaniewski to serve as Deputy Administrator for National 

Preparedness at the Federal Emergency Management Agency (FEMA). 

Dr. Kaniewski has dedicated his career to the emergency management, homeland security and risk 

management professions as an operator, policy maker, and academic. He brings two decades of 

experience to this position, to include service as Special Assistant to President George w. Bush and 

Director of Response Policy at the White House Homeland Security Council and as a former Hill staffer 

with the Congressional Fire Services Caucus. 

As a member of the District of Columbia Homeland Security Commission, Dr. Kaniewski has worked at 

the intersection of operations, policy, and budget for local emergency management and public safety 

leaders. More importantly, having begun his career as a firefighter and paramedic, Dan knows firsthand the needs of our front-line first responders. 

His work as Mission Area Director for Resilience and Emergency Preparedness/Response at the 

Homeland Security Studies & Analysis Institute (a federally-funded research and development center 

for the Department of Homeland Security) and as an Assistant Vice President for Homeland Security at 

George Washington University, further demonstrate his leadership and his commitment to the 

enhancement of preparedness, response and resilience capabilities of our nation. 

The devastation caused by Hurricane Harvey has re-emphasized the critical mission that FEMA plays in 

the resilience of our nation. And it is a stark reminder of the criticality of having experienced leaders 

like Dan Kaniewski in place to not only manage the timely and effective response to catastrophes of this 

scale, but to be better prepared to respond to the next emergency regardless of hazard. 

I respectfully urge the Senate to expeditiously take up Dr. Kaniewski's nomination and I am pleased to 

recommend his confirmation. Thank you for your consideration. 

Sincerely, 

Tom Ridge 

First US Secretary of Homeland Security 

43ro Governor of Pennsylvania 
77 

HARVARD 

T.H. CHAN 

SCHOOL OF PUBLIC HEALTH 

September 1, 2017 

The Honorable Ron Johnson 

Chairman 

Committee on Homeland Security and Governmental Affairs 

United States Senate 

Washington, DC 20510 

Dear Senator Johnson: 

National Preparedness Leadership Initiative 

Harvard T.H. Chan School of Public Health 

8 Story Street, Room 03-02 

Cambridge, MA 02138 

Phone: (617) 496-0867 

Fax: (617) 496-6359 

I write today to express my support the nomination of Daniel Kaniewski to be Deputy Administrator for 

Protection and National Preparedness at the Federal Emergency Management Agency (FEMA). As FEMA 

Deputy Administrator in the Obama Administration, former Chief of Boston EMS, and a longtime friend and 

mentor of Dan's for nearly 20 years, I believe I can offer unique insights about Dan's background and 

expertise. FEMA would tremendously benefit from Dan's intelligence, leadership abilities, and team first 

personality. Dan possesses an exceptional aptitude for emotional intelligence that will make him easily 

approachable by White House and FEMA employees looking for advice or a competent sounding board. 

When I first met Dan he had recently joined the staff of the Congressional Fire Services Institute (CFSI). Dan 

hailed from Minnesota and had been a volunteer firefighter/EMT there. When he came to DC for college he 

became engaged with CFSI and soon became the organization's Emergency Medical Services (EMS) advisor. 

He subsequently received his bachelor's degree in EMS and became certified as a Paramedic. 

His career trajectory has been nothing short of extraordinary. He applied his operational experience to policy 

issues, both inside and outside of government. Most notably he joined the White House staff just weeks 

before Hurricane Katrina and witnessed the challenges the Federal government faced in responding to the 

catastrophe. His focus and determination to see the lessons from Katrina documented in the "Federal 

Response to Hurricane Katrina: Lessons Learned" was essential to ensure the Federal government does not 

repeat the mistakes of that disaster. 

Now with the American public focused on Hurricane Harvey, I can think of no better individual to support 

Administrator Brock Long with the recovery from that catastrophe and prepare for future disasters. This is a 

mission critical position and Dan's willingness to again serve the nation is laudable. 

Thank you for this opportunity to share my perspective with you. 

Sincerely, 

Richard Serino 

Distinguished Visiting Fellow, Harvard School of Public Health 

8'" FEMA Deputy Administrator (2009-2014) 

Chief of Boston EMS - Retired 
78 

Opening Statement of Jonathan H. Pittman 

Nominee to be an Associate Judge of the District of Columbia Superior Court, September 12, 2017 

Mr. Chairman and members of the Committee, I am deeply grateful to you for the 

opportunity to appear before you as you consider my nomination to be an Associate Judge of the 

Superior Court of the District of Columbia. It is a great honor and very humbling to be 

recommended for this position. I would like to thank the Judicial Nomination Commission and 

its chair, Judge Emmet Sullivan, for recommending me to the White House, and I would like to 

thank the President for nominating me. I also would like to thank Congresswoman Norton, who, 

although she could not attend today, submitted a statement on my behalf. Finally, I would like to 

express my sincere thanks and appreciation to the Committee members and the dedicated 

Committee staff for their hard work and for considering my nomination so carefully and 

expeditiously. 

I would like to acknowledge and thank my wife, Wendy Smith, for her encouragement in 

my pursuing public service and for her unwavering support. Without Wendy's love and support, 

I would not be sitting here today. I also thank my parents, Fred and Joan Pittman, who are here 

today from South Carolina, for their guidance and support during my entire life. They taught me 

to work hard, strive for excellence, and to always treat everyone with dignity and respect. I 

would also like to acknowledge my stepson, Spencer Smith, who has taken time away from his 

preparation for the LSAT to travel here today from Massachusetts, and my daughters, Anna Kate 

and Louisa, both of whom are in school today. Finally, I would like to acknowledge the many 

friends and colleagues who have mentored and supported me throughout my career, and I 

appreciate that many are here today. 

I moved to the District of Columbia 27 years ago, after graduating from Vanderbilt Law 

School, to begin my legal career as a law clerk to the Honorable John A. Terry of the District of 

Columbia Court of Appeals. I then joined a large law firm here in the District, where I worked 

with and learned from some of the finest lawyers in the country. During my more than twenty 

years in private practice handling complex civil litigation, I appeared before excellent trial and 

appellate judges all over this country and I am thankful for that experience. 

Since 2012, I have had the honor and privilege of serving the citizens of the District 

under two Attorneys General for the District of Columbia, first under Mr. Irvin Nathan and more 

recently, under Mr. Karl Racine, who is here today. I have served as a Section Chief in the Civil 

Litigation Division, defends the District of Columbia and its employees in civil litigation in the 

Superior Court as well as in the United States District Court for the District of Columbia. More 

recently, I have served as the Assistant Deputy Attorney General for the Civil Litigation 

Division, where I assist the Deputy in managing the operation of the Division. 

My deep respect for the rule oflaw began with my clerkship with Judge Terry and 

continues to this day. My experience with Judge Terry and the many judges I have appeared 

before over the years has given me an appreciation of the skill, dedication, and patience that is 

required to be a successful judge. If I am fortunate enough to be confirmed, I will commit to 

treating all parties with dignity and respect, to ensuring that all parties have an opportunity to 

present their case, and to making thoughtful and timely decisions. 

Thank you again for considering my nomination and I look forward to answering any 

questions you might have. 
79 

REDACTED 

QUESTIONNAIREl~'ORNOMIN~ TO THE DISTRICT OF COLt:m'JBIA COURTS 

COM.Mn'TRE ON HOMELAND SEc;:m.nTY AND GOVERNMENTAL AJ!'FAIR,S, . UNITED STATES SElNATE 

I. BIOGRA.PmCAL AND PROFESSIONAL INFORMATION 

1. Full name (includ~ any former names used). 

Jonathan Hale Pittman 

z. Citizcmsliip (ifyou !ll'e a naturalized U.S. CitiZen, please provide proofofyour 

naturaliZation)~ · 

I am a citizen of the U.i)ite.d States• 

3. Clil'rent ~ffice ad,dre~S. and telep .. ilne number. 

Office oftb.e.Attorney General for the District o'fCQlumbia 

44L4th Stree,t; N.W., Suite 6SQSouth 

Washington, D;C, 20001. 

(202)724-6602 . 

4. Date and place of I,Jirt)i, 

February 9, 1963 in Wew Yorlc City. Wew York. 

5. MarU.I status (ifmaqled, btclude maiden name of wife; or husband's name). List 

IIPOuseis oeeupatlon,employer's name a!ld bu$1nes~ address(es). 

llUl'l manoled to Wendy Fleet Smith. She is Counsel to the United States I:{ouse of 

Representatives COmmittee on Ethics; !OU Longworth House Office BUnding, Wlll!~n,.D.C. 20515. 

6. Names and ages of Children• List (lceupaijon and employer's name if.apptoprlate. 

S~cetWayne Sniith (stepson), age 26. 

Paralegl!l m Boston, MA. 

REDACTED 

1. Edueatjon. L~t seeond~try school($), ~Dege(sj, law sehool(s), and aJLy other 
80 

fustitutions ~!higher edq~tion atte~ded; tiSt d!ltes of attendanee, degree received, 

and date.eacll degree was retc!ived. Please Jist (}ating back :from most r~enno 

earlilist. 

Vandetbilt UtiivetsitySchool ofLaw,Nashville, Tenne5see;August 1987 to Mit)! 1990. 

J.D., May 1990.. 

V~ CODe~, Po1;1g~pise, NewYQr].(; August 1981 to lY,{ay 1985. 

B.A. in Economics, May 1985, 

PoJ:t'ei',.Qaud School, dwtesto~ South Carolina; September 1917 to May i981. 

High ·scho,ol Diplonw., May 1981. · · 

8. . Eniploymenf:~oJjl, LiS.~alljobs.held s~ee college, other than legal' experience 

·covered in question u;, meludin:g the dates of employment, job title or d41Serlption o( 

job, i\nd naniund addtess of~ployer. Pl~e lis:t dating back fi:o~ mos.t rece~t to 

eiU'Iiest. It you have served m the US niilltary~ pleast.~ list dates of service, .. rani( or iiate;.serial nunib~, and fYpe of dise~rgereceived. 

Sumniet 1989 

Curtis, Matlet·Prevost. Colt 8r. Mosie 

101 ParkAvettue 

NewYo.tk:, New York 

Summer Associ~te 

Sutllmer t 98g 

Vanderbilt University School ofLa.w 

131 '21st Avenu!) South · N~li.Ville; Tennessee 

Res!WCh Assistltilt to Professor Barry Friedman(Cllrl'l:;titly th~ Jacob D. Fucbsberg Professor ofLaw and A:ffillirtooProfessor ofPolitics at the N.ew York UniversitY SChoof of 

La,w) 

Approx, August 1986 to Approx. August ~987 

No Physical Address 

Cnarte5ton, SOuth carolina 

Self-Empioyed Irouse Painter 

Appro:x, Augpst t 985 to Appr<:\x. August t 986 

No PhysicaiAddreu ·. 

Washingt()n, D.C. 

I he1d a variety of jobs, inclitdin:g working ill a hotel; tending bar and working at an office 

supply l.l(j1;11pany, while alsoplayitlg bass m a baltd. ·· · ·· 

2 
81 

9. Honot:S and a~a~ds. List any sC~t.olarship~, fellowships, honOJ'IiQ' degrees, academic or professionalb:onor~, hononuy society memberships, military.aw~trc;b,and any 

otlier special rewguitton for outstaQding $erV.i11e or achievement. 

"Extra Mile" Award, Offieeofihe Attomey.Oeneral (2014) 

Cb$1hers USA, T<>.p Insurance. Coverage Attorney (2007 through 2012) 

Order·ofthe Coif, Vanderbilt University School of Law (1990) 

Olnicron Delta Epsiion, Vassar College (1985} 

10. Business relationships. List all positions enrt.ently·or fotmerly held. as an officer, 

d~or, trustee; partner, proprietor, ageriti ~presentativit, or consultant of any 

corporation, company, fitm;· partnership; or other bllSiness enterpriSe, or 

educational or .otlii:r inStitution. 

None. 

11, Bar associations~ List aU bar associations, legal or judicial-related tommlttees,. 

conferen«lS, or organizations o{w.hicll yo-. are,ol' have ever been a mtltlber, an.d 

provide titles and dates of a~ offices' which y9n have held in such groups. 

AmericanBar Association 

Member, 1992 to Ptese!lt 

CouncU for Cmn:tExcellenceJiJtY Project 

Member, 20f.4 to Present 

D,t;. Superior Court Committee CfuJir¢<1 by Judge M11Mn Wrisht 

Memhe~,20t4 

12. Other memberships; Llstall memberShips and off'i~es currently and formerly hcld in 

prQfessipnaJ; bW~.0ess1 fraternal !!~holarly1 41ivic; pubUe,·eharitablo, .or oth.er 

organizations,. other than. thoSe liSted hi response to Question 11. Please. indicate 

whetJl.er any of these oi'gatrization!i formerly discri.ated lW currently discrimJnates on the blJsis, otmee, sex, OJ." .religl.ou.. · 

Slilce the Fall c:>f~O.fS, my wife and !have h.een meqibers. ofthe .Black Ti~ Club,. a lo.cal 

social organimiott. The Btack'fie Club Is the businei!s n.arne .Qf a District of Columbia CQrpo~atiori known .1!8 Bll!Ck Tie, Inc., whiCh was i~corporat~ onAprilll, l994 .. 111e.. 

BlackTie Club does.notcurrently. discrifuinate.on the basis ofrace, sex or religion, nor, to 

my !mowle9ge has it dope so sinoo it WliS incolporateQ. · ·· 

3 
82 

13. Coarh:dmillsions. List all courtll m which you have. been admitted to practi~ with 

dates ofacJm~S-OB and Jilpse.s il) &~l!fOil if aDy SJtch .. eb1.J;lersbipS bi\~e lapsed. 

Please exp~in the realion for any Iapsein.mentbership. Please provide thna~e 

information for any 11dmini$trative bo4fes whlch req~ire 11.Pecial admillsioll to 

practice. 

New York State Coutts 

Admitted ¥ay21,199l 

District of Qiltunbia Bat 

· Admitted October is, 1991. 

· o:s. Co!lli of Appeals for the D.O. C:lrouit 

Admitted March 24, 1992 

U.S. District Court fur the District ofColUiribia· 

Admitted Jail.uaty 3, 1993 

u~s. Court o..r App~ls for t,heFourth Citc~t 

Admitted January 19,1993 

U.S. DistrictCourt .for the District of Maryland 

AdniittedJuly 7; 1997 

To the best of my1fuow1edge, mym:embershlp. in the bars<~fthecourts listed above has 

neyer lapsed. · 

I was admitted to the fqllowing ·COUrtS to handle a spC:Cific it).att:(lr in each colll't; Those 

matters ·have ion~ since concluded aiid I dldnot renew m:y membership in those. courts. 

U.S. Court oflntemati()nal Trade 

Mini~ January2, 2Q01 

u.s~ Court of Appeal& for the. Fifth Circ'llit 

AdmittedJuly i9, 2002 · · · 

~4. Publish~ writiQg&. List the tffles. p1dillsh~rs. and dafe$ of})oolo; articles, reports, or 

other published material you.have written or edited. 

''The Limitations.of Liability Covei'llge Under 'Designated Premises' Policies,'' The 

instimnce COverage Law Bulletin, Vol.lO, No.6(July2011). Co~Ati\hored with Elaine A. Panagakos. · 
83 

••rt>s NotJust a Te¢J:urlclility," Legall''itnes,V ol.XXXI. No. 9 (Match 3, 2008), 

Co-Authored with Paul Alp;. 

''The Public Policy Exception to the Recognition of Foreign ,Tudgm~nt$," 24 Vand. ,T. Transnat~l L. 969 {1989). · · 

15! Spooc:hes. List ~e titles of(jmy forwahpeeches you have delivered during the last tlve 

(5) years and flu~ date and -p,Ja~e w)leretfieywere delivered. :Please provide the 

Committee.}Vith four (4} copies ohny ofthllBe speeches. · 

None. 

16. Legal career. 

A. Deseribe,ehronol()jpeafly your law practice and experience after graduation 

from Jaw sehoo4 inelu<Qng: 

Whether you $ented au J;lw.clerk·to a j!ldge, ~d ifso; the name ofthe 

judge. the eourt, and tbulat@ of your clerkship; · 

(1) 

I served:as a law cl~k to.theH:on. John A. Terry ofthe D;C. CQ\!1'1: ofAppeals from 

Aug\!Stl990 u:iltil AuguSt 1991. . . 

(2) Whether'you J'raetlee<hlone, and If so, the addresses and dates; 

I have never l'nicticed alone. 

(3) The dates, names, and address of law ftrms; ·eompanies, or 

govemmcnthl agencies wlth which you h.ave been ~ployed. 

September 1991 to $epte.ri:!l:ier.20l2 

Crowell '*' Modng LLP · 1001 Pennsylvania Avenue; N.W, 

Washington, p;c. As~ociate ~19914999), Counsel (1999•2006) and Partuet (2006-2012) 

Septt\m'Qer 2012 to Present 

D.C, Office of the Attorney General 

Civil Litigation Division 

4414thStreet;, N.W. 

WashingtOn, D.C. 

S.ection.Chief(20l:Z..2016). Assistant Deputy Attorney General (2016-ptesent) 

s 
84 

B; Describe the geii~.du~raeter of your law practice, dividing it into periods· 

wit& dates ifits Cha.ra~er has cha:p~ed over the years • 

. For bll.e year aft<:lr law school, :IW~ 1990 imtiJ 1991, I se~ed ~.a law clerk to the 

Honorable John A. Terzy; an Associate Judge on the D.C. Court of Appeal~. A.s a 

Jaw clerk, l~stedJudg~ Teny witn crimmaiiindeivil appt~a1s, 

~nil:leganmycar~atCrQwell&Moringi;.LPin1991,Iworkedinthegenwal 

litigation. and torts group. I worked oaatnixture of.commercial disp~. includi,ng 

~ic contraci ditipl.J.tes andi~nmce coverage> disputes, as Well as torts and 

product liability defense; and consumer class actions. Starting.inapprc:>ximlltely 

· 2000, I began to£~ most of my ptact:ice on i~"Qrance covel'itgedisput!;li and 

asbestos h!lllknrptcies, but also worked o!lpa~ent litiglltion and prodn<;ts liability defense, In 200(;, thdirm formed anew li\surfmce and Reinsurance Group, and l 

practiefld.as a partner in tbat group frQm 20Q6 until September 2012, focusmg 

. ,!11\ost (j:K:cluSively on inSurance ooverage liti,gatioD. reimurance arbitrations and 

counseling ,clients in insurance coverage disputes. · 

In.September 2012.1 was appointe({ to the position 9f Chi~ Civil Litigation 

Divi$ion SeCtion IIi: in the Offlce of the Attorney Generai for the District of 

Columbia. As Chief, !managed asection consisting ofilpto te~ full-time Assis(ant 

Attorneys General, as wd! a8 one or two pro bono attorneys. two or tnore.!ega:i. 

~nte~ t:wo p~egall? and .a $rl'f assistant As tile Chief oftlte Section, I was 

ItlSpoiiliible for overseeing al:'Proxilnat,ely 150 act1ve civil cases j)ending in the 

Superior Court for the DistrictofCol\llllbia and the Uhlted States D~trlctCourfffot 

the.Distrlct of Columbia. The Section defends the District and i~ employees in 

civil lttwsllits ~ing mo~y daniages, includingcivil rights Iawsu1t!i btought 

under 42 U.S.C. § 19831 tort claims, ·emJ)loymentclaims brought under federal 

:statotel!-, ~Title vn. and District statutes, s~;~Chas the o;c. HUililln Rights Act 

and the :b. C. Whistleblower Protection Aot; ·As a Section Chief, thad sigiiificant 

input in the drafting of sUbstantive motions :filed in court an:d in .the. development of 

legali!Iguments and case strategy. I also evalua;ted ~es for settlement .~\lid .made sett1em~ntreeolllUlen®ti<inB tO' the Deputy and the Attomer General for cases that 

exceed® my scittlementauthorlty . .My dUties a$ a Seciti<m Chiefa~o included 

evaluating my staff and ntarutging the procuremeD.t.of'necessary .services to sqppoxt 

thegection's Jitigatio).tb.eed.S, as weJI SS evaluati!l!tand implCII\enting procedural 

cban~es in the.management ofthe Section. 

.On May 4, ZOJS, I was appointed Acting AssiStant Deputy in the Givil Litigation 

D,iVisio~ and assqmeq the dutie$ l)f:that position whi!eeontinuin,g to ser.ve as the 

Chiefof.S¢ction lll. On April 1, 201 ~. I Wll$JWpointed Assi~tDeptJty of the 

Civil Litigation Division. As Assistant Depu!)',l assist the Deputy Attoroey 
85 

General in the .day to day oper!Uion of the Civil Litigation Division, illclu.ding 

providing. guidance a!ld strategy oil the sign:tficant cases handled by :the .DiviSion, 

and siglii.ficant .drafting andedif,ii18'Pfintportantleg!ll briefs. I alsO consult with the 

Attomey·Genel'ill and the Chief Deputy Attorney General. cqnc~g si~ficant 

cases and inte.rac.t with the Mayo~ Md ,Mayoral and CoU!).cil staff conpemitig 

signifi<:a.nt cases and legal issues facing the District. 

c. Describe your typieaJ.former clients and describe the area$ o( pral.ltlee, if auy, 

in whiCh you b,av.e sp~iallzed; · 

Fot mo~ of my time at Cro;vell & Moring LLP, my area of'specialty .lllld expertise 

was insurance coverage litigation. I ~erved as national coun~elfo~ a.n1mlbei' of pro~ny a,nd casualty itlsurer$ who were involved in litigated coverage disputes 

with oorporate policylicild~; typicaUyinvolving claims for insuram;e coverage for 

:mass torts. I alSo handled appOOJs for some o£my insurance ·company clients. In 

addition to represjmting insWers, I al~ ,rep~fed cW:poratedienJ;s~ sUch as General Blecfrlc, Unite:d.Tecluiolo~es Corporation, and Chrysler, auhe trililcourt 

and on apru:aHn pra<i!lctliability defense, Cl)ntractdi~ and genetal litigation 

matters. 

As a supervisory attor.iley in the Civil Litigaiion.Divisipn of the Office o:t'the 

Ai:tarney General, r do nott¥Pi¥illlY directly represent clien,ts myselt although 1 am responsi"biofor the·representation proVided by the Assistant Attorneys General 

Whom J $Upervise, The: Civil Litigation Division, represents the DiStrict of 

COlumbia and its. agencies,.sucb as theMetr(lpolitan l,'oli~e .PopjU'tment, ~. 

Departinent of CottCctiorts, and l);~. Public SChools, and individual employees of 

the DistrletufC011nnbia:eivihights, tort~d employ.iileftt li!igatl911. I !liSa provide 

legal. advice on significatit leg81 isSues facin~ the District to senior District of 

C()hmibiaofficials..includittg the Mayor and the Mayo~~s staff, ·as weU tis t!:ie beads 

of District a~cies, 

D. Describe the general nature ofynut iitigation MI.Jerienee, indudbt~ 

(1) Whether. you have appeared in court frequentiy, oeeasion3Uy, or noht 

all. lfthe freq!leilqr o:t yottr court ap~ances has varied over time, 

ple!aSe des'l:ribe in deuu1 each sueh variance and <give appHeabled.at~ 

Througboutmy careeJ.' at(;royvell & Mo~ingLLP •. U1Y practice consisted of 

ba,ndling approximately three to. fLve large and complex. cases at any 0118 

tim!l, The ~ses wO)Jld typically ~volve. sev~ yeats ofdiscovety; during Which :there would be very few couttappearances. During. the firl!t ten 

years, I appeared in. court approXimately once oi' twice a year. Between 

2001 and 2005,1 dev(lted a substantial portion, of my ~e tO' a lar8e patent 

7 
86 

inftinge~ent ease. that did not require ~any coUrt appearances, and only 

appeared in.coil.rt approximately once ay~ar; From 20.06 t.o 2()12, my 

practice. was d~vowd8lmost entire})ft.o i.IiSurance coverage cases pending in 

state courts.throl.lghoutthe. countcy. During that tiJne, t typic~ appjlllted 

in COUrt atle@$t once e'vecy Qne to tWo months to argue procedural aod 

S\.ibstantive motious. 

Iljnta supewlsoty attorney (lt~eO.ffi~;e oithe Attomey Gen¢1'~. aod do not 

~ve day~to-day case .tesponsibilitic:S. As a Section: Chief, I was responsible 

for managing·approxi~ly lS:(} l!.ctive ci~ .cBSes a~ any one:tlme,!»ltmost 

coUrtappearllnix:s in those cases were handled by the Assistant Attomeys. 

General who~ I superviseq~ As a supervisQry attomt~y, I p¥fSonillly ap~ 

· in court approximately once every dil.eto two. months; usuallY at status or 

other coriferenceswhere there are significant i,ssues to be ~essed .. I also 

attend significant medlatiollll. 

(l) What percentage of these appearances was in: 

(a) Federal eourts (includiilgFederal cou.rts in I).C:); 

5% at Cr()~ll & Morhtg; 50o/o- at the.Oftice of the AttQl'lley General 

(b) Sj;ate eourt,s of record (exclu~ng D.C. court~); 

90%at ~owell &Moring; 0% at the Qfflce ofthe Attorney G!meral 

(c) D.C. conrt<J(Superlor en~ and. D.c. Court ofApp~ls only); 

5% 11t CrOwell & Moring; 50% atthe Office ofthe Attorney General 

0% 

(~) What ~reentage otyour litljpltion has been: 

(~) ci'Vil 

100%; 

@) crl[!lilial 

o%" 

8 
87 

Many of the civil tigh¥~ cases defended by tluWffice of the 

Attorney Generalbe~ as crimiruil cases. 

(4) What is 1h:e total number of eases fu courts of reeord you trle!l to verdi~ or judPtcnt (fl\t~Jer than s.ettled or :tesolved; but. may include 

cases decided on motion if they are tabulated separately) •. Indica~ 

wbether you w~re sole. counsel; lead eouJiSel, or assoeilite counsel in 

these. cases. 

As a superviso~; in me Office of the A~mey Genl!l'~. I do not bave 

daywto-day ease te$p0nsibilities, and therefore do not typically try cases. 

Ho:Wever, .in Octobey 201 2lservep as co-counsel W,ith an AsSistam: 

Attomey Gerteral in a niulti-plaintiff civil rights case, eaptioned We.sbyv. 

District ofCi:!lf!mbia, eta!., No. 0.9-501 (D.D,C.), i:iff'd. 7.65 F.3d 13 (20l4), 

reh'gdenied,.&l6 R.3d96(2016); cert; granted, 137 S. ct. 826 (January 19, 

2"017}, Wilkins. tbat was tried to. a jury befoi-e then u.s. District Court JUdge Robert· . . . . . . . . 

While i do not personallyt~y cases as a supervisorin the Office of the 

Attorney General, I Closetys4p~ise the AsSistant Attorneys Gerieta!. who 

try the cases, and have supervised.more than30. QaSestbl¢ wc.~re .tried to · 

verdict or jildgrilent. llllso review and sqbstantial~yedit every substantive 

mQI;ion or brieftbat is filed with t:)le court·~ 1b.e Cjl.Ses ~t I supervi$e .. 

Since! have been at the Office of the Attorney Genera4 I have edited and 

revised hundreds of.substantive motfons .and bri~1 ~W.ting i~ 

approximately 240 dismissals of civil eases on dispoSitiVe .niotidn. 

As.noted above,mypraetice at Crowell &Moring LLP conSlsted of 

Q\Uldlirig a smalli:\Umb¢r oflar!W cases. None ofthose ~ses weret\iedto,a 

jury. I would estimate that I disposed ofapproximate(y ten. cases by 

dispos.itive-motion w.bUel was at crowell & MoringLLP, and 1!iso 

Pl'tlVailed in approxiinately (i.ve cases onappE:al. The insurance cases that 

made up much ofi:ny practice !lt Crowell &Moring almost alwa.ysinvolved 

questions o:flaw,ra:tbe~ than qjrwJli:edlsslle8 offict. A~a~t, those cases. Were al.niost alWa.ys resolved bydispasitive motion or by settlement 

following {fisQQvecy and motions practice; rather tb,an by verdict at ttial. 

(5) What pe,ree,ntage of these trials. was to 

(a) ajury 

lOOo/o (of trial) 

9 
88 

(b) the c:ourt(mclude cases.decided on motio11, but1abula'tethem 

separat~y) 

l0004>(ofdi~sitlvemotions) 

17. De$erlbe the fiv,e (5) most signifi~t litigii.ted. ma~rs which you personally hanilled. 

Pro'l'ide eitations~ if the eases were. reported, or the doeltet n~bOl' .nd date if 

Wir~rted. Give a eaP!Inle summary of the substance. of eacll ease and a succinct. 

statement ot 'whatyou believe w11s l)f p!U'flc~rsignifieQce about the cue. Identify 

theparty/parfi~you represented and deileribelndetaildie.nature ()}'your 

participation in the litigation an(j. the fin~ dispc~Siti<lil of the ~e; Al~o ~ate liS to 

caeh ea$e, (a) the date of repreil~tatto~; (Q) the court and the name of the judge or 

judges before Whom th.e CIISC was .litigated; an.d (e) the.name(s) and .addi'llss(es)and, 

telephOBt;! ilul,ti.ber(s) of co-counsel and. of the prlnelpal eonnsel fiirthe.otJu.ll,' parties.. 

I. County ofSqn l)lego V; ACE Property, ~dCastlalty l71S1.ff~i! Com)Jtt11:P, 118 P .3d 607 

(Cat 2005) (JustieesMarvin R. Ba1Cter,Joyce L. Kennard, Ronald M. G~rge;~yn 

M. Werdegar, MmgW. C~ Carlos R. More.no •. Justice Janice.R. Bro~ took part it! 

.the oral arg\iment, but bad left fue Court by the time .the.opJ.mon WlllJ iSSUed); 

l.rep~ted ACE l'roperty imd Casualty In$uratice Company in this matter between 2001 

and 2005. I oot1SWted with. trial counsel and dta;fted the briefs tharresulted in dismissal of 

the case by the California Superior Court. I then dr~ and 31"IDled the aPpeal of.that 

diSmissal to. the California Court of App!'Ja!Jn 2003.-.!!llld then to ihe Califol'lii,a S!!preme 

· CQurtin 2005~ The policyholder (the County: of San Diego) sought CQverage under an excess liability insUriUice policy fui.tbe costS of\remediating pollUtion at afurmer landfi)l site, The issue was. ).VheJ;her an excess inliuia.nce .poijcy that obligated the ittsuter to 

indemnify the policyholder for ".dainages'' riX}tlired fue in~ to pay for the costs of 

epmpfying with anadm~s~ve el~up order. l ~sfully ar~ that Such costs 

were n:ot covered as a result uf an extension of prior Califoniia Supi:emeCourt preeedent. 

Opj:u>sing Cotinsel; . David.L, Miil~{nowretii:ed) 

Latbain & Watkins tLP 

.12670 H'igh :Bl~Drive 

San DiegQ, California .. Telephotte Number Unavailable 

2. F~ter'Wh!!elerL.L.C;v. A.f!lliateilFM lnsurance. Co., etal., 910N.Y.$.2d ?t/2, 2010 

WL.l945714 (N.Y. Supreme Ct; 2010) (Justice Batbara.Kapniclc); 

1 represented Olnll.ll'Y Indemnity Company. I hati,dled 1\ll a.spects ofthls cas~ including discove~yand briefing 1111d at"g1,lbtg tlle~y $un'lmary judgment moti,onfromapproximately 2006 thrOugh 201 0; ThlS case was a !'!xsputf) Q.etween a manufa~r of all'bestos 

containing products and its excess liabilityinsurerli concetiiing ~:verage foi: hundreds of thousands ofasbestos.clab:ns·thathadbeen.asserted ag~ the manufacturer. The key 

lO 
89 

issue in this case was wh~rthe costs should be all.m1ated through poJi6ies~at e.tlded jn i982 or through policieS that ended in 198$. hnoved for summary j\;tdgment tbatt:lie 9osts 

could be allocated to tlie later policies, which. did not exclude cov~ge for. asbestos Qlaims. 

The pt>iicyhnlder argued that the court shOuld not allocatec9sts to the later I,>Olices becaulle 

the ijlsu:rets that issued thOse policies might deny coverage because the policyholder bad 

nitlde certain Iriatetial misrefiresentnions about the ~ofi.fii asbestos riSks when it pU1-cbas~ those policies. The cqprt.iejected the i!tgun,ient, con.,cluding t:b.lit because the 

policies did not excilude.eo~rage, co~ ®uld be all<Xlated to those po!.icies. The case was then settled. 

Oonosittg COUiJsel: 

Atiita P .. Eiigh . 

Covihg10n & BUtllilgLLP One CitY <;:enter 

850 Tenth Street, NW 

Washington, D.c. 

(202) 662•5221 

3. E:i;X{}n Ccrwration ,, lnsiiri;mce CC)mpdliy ofNorth AmeriCa. eta(., No; 9.71376 . (~uperior Court:for CitY artdCoul)ty of San Francisco, Califomia)(J~dge Cilrlos Bea). 

From 1995 tuifil200Q, I, along with otb,ers inniy firm, re~eilted Century Indeinillty Compap.y apdrelafe(l ins~rs in this matter. This ~veeny~el).tal cov~ge action 

sot!ght coverage for environmenJal pollutiol.l'llt approXimately 5,200 sites located in the 

United States and Canada. I coordinated discovery, took and defended depoSitions tbi:oughnutNorth Ameticaand drafted. (bUt <lid not~gue) the key surilmary judgment motions futhis ~. ~well as tli,e appeal bi:i~ in~ i.nterloo.utoty!!ppeat Tlie>case is 

signifleant beC;!.use ofits.size an!l sc(Jpe, and alSo becau~ethe case a~ wh~ 

n<ultiple environmental sites CQU!d be aggreS!lted to~t!ler as one "occU1'l'e!lc;e"~ ful' tbe 

purposeofsatisfying per-p<)licy deduotiblesor self~insured·retentions. ··The'Case.settled<in 

the first day ofttial. · · 

OppoSing Counsel: Donald :BroWl1 · · Covhlgt(jn & ~ling W. 

One l"ront ~treet . San Francisco, CA 

(415) 591-7063 

4; Un!tedStates of America ex rei, Kremdler t:md Kreindler v. Un!t.ed Techno[!Jgies Corp:. 98;; F.2d:U4.8 (2d Cir.l993) (Judges· ,Richard ;r. Cardamone, LaW!:tmoe w. Pier®, and.J. D!llliel MI$Q~ey); . . . 

From: 1991 through 1993, I. along with a partner at Crowell &Moring; represented United 

Technologies Corp. ("UTe") in this False Claims Ac~ quitani appeal While I did not 

argue this appeal, I de-Veloped the~gume~nt; d:rafted.the appellate briefs and assisted with p~parin~ for oral argument bef~ the Second Circuit. The oase.l;legan as a.pi:qductlj 

11 
90 

ltabilii,y lawsuit involving the cx:ash.ofa Bla~ Haw!< helicopter, ~n that case.11ettled, 

the plaintiff's l!!W firm brought a qui tam ac;~tionunder the False Clanns Act seeking damages from UTC ·based on UTC all¢gedly supplying a defective product. The case was disJWssed on srimi:nllfY j'l!dgment, and plllintiffl!ppeal:ed. The Second Citcuitaffilli'l.ed, 

a4opting our ~t tbat t}lere Wail no Jl.l!i$diction oyer th~ ~tter.bece,use t~e factS 

relating w tlte alleged d,efect had l)een prev~,ously publtcly disclosed. The case 18, 

significant because it.was one ofthe.firstcase'to ~dressthe circumstancllS in whicl;ta 

matter is deemed to be "publicly disclosed" for pUlj>Oses .of the False Clailt\s Act. 

Co=Courtsel: 

:Patric)c W. tee, P.sq. (now retired) 

cmW¢lllfr. Moring LLP 

lOOlPennsylv..aniaAvenue,N.W, 

Wa5hirtgton, D;C~20004 

·Cbri$totib,er Massarop.i; Esq •. (Theil with J)e<h~ FoY-, ConW!ly Holt-$ttris& Mealey) Now with .McNalt\ee, LoohnerTitus .& WUllants, p,C, 671 Broadway, #500 

Albany, :N'ew York 12207 

(518) 447~3331 

Qpwslng Coimsel: 

Steven P.oun\an ~indler.&Kreindler LLP 

750 Third Avenue 

NewYork,NewYork 

(212) 973-3477 

5. Mandsanger v. Jaqu{fh, et al., 1015 ~.~d39 (D.C.1998), D,C .. SIJl)erior Couft'(Judge ·l!cmry Kennedy) !lll(iJ).c. Court of Appeals (Juages Michael Wtlliam Ferrell, Warre11 

:R.. King,and,James.A. Belson). 

In 1996tbtough 1998,ltepresented defiilidimts PublicEducationCenter; Inc., ~'PECf') a 

non.-P:tOfit neW$ organizationt and i:tS preliident, Wayue ,Taquith, in a,.wroilgfuldisoharge ~ nledln. D.C; SUperior Coll!i, and on~peal in the :p.c. Comtof:Appc:tlls. I handled all 

aspeet$ of the ~e. Plaintiff; anat-wjU employee QfPECI witt> Wall dischwg~ for Pc.l~rmance r~ons, alleged that she. had b~dis~ged in violation.ofthe "public p()licy exception'' to the at-will doctrine first re<)Ognizedby the D,C,.Court of Appeals in 

Atiamsv: George. W: Cocfitan &Co., 597A2d28(D.C.l991). Followingdiscovery,I filed a motionw dismisS the claims against Mr. Jaquith on the ground tl).at he could n:ot be person~yliable fur the alleged toi:tofthe elllPloyer. I also filed a motion for s~ 

jUdgment Oil the wrongful discl\arge piajm Oh the gi.:O!lnd ,that there ~ l\0 ey~dence.fuilt 

the plaintiff,had heel\ fired becallse. she had refused her employer's in$uction to commit an iJlegal act. The SiJPerior Courtgr®.~ both motiolll; and plaintiff appealed .. The D.C. 

C!>urt of Appeals. affirme.d in a published opinion; .concluding that the pUblic policy exce,ption:would not apply to the employee in this ca,se because she had not actually 

12 
91 

refused to conunit an allegedly illegal act. 

Opposing Qounsel: 

John A. Taylor 

1 Geioo Plaza 

W!l,Shington. D.C. 

(301) 986~2971 

18. Desmbe the most sigp.ifteant legal activitiesyo.u ltave pursued, ineludbtg slgnlft~t 

litigati9n wlltcli did JJ.Oi: proeee.d tO tri_. or legal JJ~atters that .c:Ud not involVe 

litigation. Deserlbe the nature of your participation in each inlrtanee described, but yo~ may omit any information prote~ by t&e attorney-clientpthiilege{unless the 

privilege has beliil waived). 

UnjUst Impri§9Mlent Act Q.lses. 

From 20.14through20l 6, I was tasked with COQtdinating thl:l ~onse to :live: pendingell!ies tiledagaill$t the Di~trlct ofColtirnbia underthe District's Unjust Imprisonment Act, D.C. 

Code § 1-241, et seq., which provid~ that·!! ~nwrongMiy eonvicted \meier P.C.law 

may file a civij action for damages~ainst the District of Columbia in D.C. Supen"or Court. 

Upon prqofof !lcipal innocerw{l. ajudg~ nitller than, a jury, may award da;rwlge!l fu the 

unjustly eonvicted. The District Council passed.theActin 1981 in response. to the 

wrongful convi~o<tiqn of.Bradford Brown, Whosp!:lltfour yei;ttS in prisot;t foramll1'4er he did 

not oomtnit before he was released .in 1979, after another man confess«! to .the crime •. 

There has been for many yeiD:s afed~ acttbatptovides co:iri.pensati¢ to tllose who W¢re 

unjustlyhnprisonedfotan.''offence against the Unite:d States/' .See28 U.S.C. § i49S;· 

:Seeause crl,ihes co~ed in ~DistriCt are considered ari "offense againsHbe Uhlted 

States;'?' persol:IS wr~:mgftllly eonvi'oted of'!llld bnpri!lQn~ for crimes c(nnm}.tted, in~. 

Di$ictmay !leek .C<)l,lljiensation under the .federal urljui!t imprisonttient.act. However, at 

tht~ time ofBmdfordBrown'!! comii!rtion, tJtelll!lldmum recovery under tJte ~de):al act was 

$5,()00. • D.C. CouncU passed fue Act to provide additional eompensation to those \tqjWJtly 

imprl~onedtbr wrongful cthnin;ll co11Vietions in the Disttict of Columbia. PnJike the 

·federal act and similar statutes in those .states that proVide a remedy for the:unjustly 

convicted, the Districi;'s Act do~. not provide$y cap or llinit on damages •. Inl98~ a D:C. 

Superior Courtjury awarded Bradford Brown a total of$325,000 for bis lllijust 

impriso,rui:lent. Until 2015, that was the. only award, made1lnd¢r the Act. 

In 2004, thefedeial govemm;en:t cnangeq the f~ral·$ot t¢ provide corilp~ation of 

$50,000 per year ofin~ceration fur a.person who W!lS unju$tl.yi:mpri~oned. In20U, 

Donald Giltes filed a ~a:wsuit againSt the District seekirig damages tlii.der'the Act, a:sw:elras 

foralll}ged civil rights viql~lions. Santae Tribble and~ Odom 'tiled actiOll$ '(Uldet the 

Act in20 13, and Kevm.Martm and Cleveland 'Wright :filed actions iD. 2015. Eacb·ofthese 

men fuld been eonvicted of l!edOUll crifues in the Djstrict, inclUding rape and mllrder;,an<t 

had served lengthy prison $ellhmces before they w:ere.exonerated.as a result ofDNA · 
92 

~sting, Inmost of their criminal trials, an·FBI hair examiner had testified that a ha:lr found 

at the crime sc~me 111atched that of the d~el},dant. Th.e FBllaterdeterinined tluitiJiis 

testimony was false lllid misleading. Most ofthe!!e men collected substantial settlements 

:fronl the federal government uridei:tbe federal ul\iust imprisonnient act. Three of these 

eases ~nt to triaHn 2(Jl4 at:td 2015. ~of the cases resulted. in nnilti-miillon dollar 

judgme.tits erne~ hy the S.uperior Court; and the third~ settle4 during trial. 1Jte Other 

two cases·wel"(l then settled. The Dl$t.rict ultimately paid over $52 I!lillion in 2!> 16 to settle 

these five CI!St}S. 

1 was not trial oounset in these eases, but I was hea'vifY involved in briefing legal issues in 

the liti~on and in set;tUng these.cases. These ~s ~senie4 some.,ofthe-most difficult 

issues that I have ever ha,dto race as a: lawyer. On tbe one hand; there was no question that 

the pli\i.nUffs in tP.ese 9~ Jia4· suffered a terrible~nj~ti90 tbath~;~d robb«l themofdeead!l$ 

of their lives and left them wiQl serious physiCal and mentai scars. On the otherhaild, the 

~~y~ of the DistriCt ul~telybac1.to pay for a wrong tluit the District did not e<mlniit 

..;_it was the :federal government, not 1he Distri~ihathild prosecuted these men and bad 

ilsed the now diS~dited tiistirii,ony ofan FBI hair exam.iner ~· ~eeure l!lailY .of their 

convictions. Moreover, the federal.governmen:t bad also providtxl these men with. 

compensation under the federal unjust imprisonment act, 

I an4 oth~ at the Office ofthe AttOrney (Jeneralhave devoted substantial thne.8li4 energy 

to fUlding a ®lution to these C118CS that is fair tQ the unjUstly conVicted llm'i al!to fair to the 

citizens of the District .of Gol)lillbia. While the attomey..client privilege prevents me frOm 

dis¢l0sing the leg.al ~dvice and counsel that I and others. have given our clients m1 this 

issue, I can note. that this is one of the most $ignifi:caflt legal issl.!es that I have raced. in my 

ca,reet'; 

Insurance IJ~bility Ani!lysis; 

While I was arCrowell &Moring, I developlid expe~ in modeling litigation o~lOOll'lel! 

and pot<m,tia.l expQsUll::S in,complex insurance covel'lfge litigation, .The illS'IttaJlCe coverage 

cases Ihandled'typically involved tbousani:ls or hundreds ofthousaruis ofl.inderlying tort 

q.JaUru! against a prod!.t<it manufactunn" or distrihmor, which in~ typieaily had 

purchased multiple primary and excess.levels.ofinsurance from different insu'rei:ll over 

se~ral decades, Th,e essenti31 question in these cases is which bJsunu:tcep()tlcy.sh!>uld 

provide covera11;efor Which underlying, claims. The rtiles for allocatin:g cla,bhs to policies 

are not unifopn iliiiong the stAtes, and thelie case!rwolil!,i often inVl}lVe disputes over choice 

oflaw(and, sometimes, battles over the proper fotumforthe dispute), Understanding the 

potential financiB.l expostu;e my clients faced :(eqllited modelin,g several different 

$CCI181'ios, AJi a re$U):t, I developed ele<;troriic models that would a11ow me to quantify the 

several different potenti!lilitigation outcomes based on the diffetell.t va±iables fu the case. 

These tnodels w,Io\>le4 my clienfl! to mak;e it)fOl'!tl~ decisiQns about ~uing ;md settling 

the cases brought agalrist them .. The models li!So helped m~ as the trial attorney, detetmine 

14 
93 

Whl.ch tegal i~sues had a finan:pia1 impa9t Oti my client and. which One$Wo.uld 11Qt, and 

would allow me:to develop. an effective l~tigation s~!;egythat addressed. t:l:):e relevant 

.~ues. 

Council for Court: Excellence..,JJltY ~!'Q.ieat. 

Since 2014, I futvei served as the Office of the Attorney Gene~t·~ rep~entative. on the 

.CoUilCJlfor C!:lurt.Exc.ell~ Jw:yProject. Pi!iticipant$ itt the project includedmetn~rs of 

the private bat; civillitigatots, eriininal defense attorneys, :prosecutors; Stiper,ior Court afid 

fede!,'al Judges, and legl;il sch(ilars. From2014 until201S the Projectdeveloped a series :of 

recommendations designed io improve multiple ~cts ofjw:y service in th&D~!rlct of 

Columb)a. TIJ# iSSues we addres!Jed inclutted developing ways to ensure that notices to 

appear forjury service.~ed prospectiY6 jurors, iQ.antifying ways f.o e~ the :financial 

bUrden tbatjlJtYserticec.otild impose on those who coUld not afford to miss work to ~ve, 

and ensuring. tbatjurors had a, positi've experielice '*fore, duri!J.g and lifter tJWir ser\liee. 

Wf!; held•multiple meetings to identifY areas for improvement and conducted research and 

in~rviem oflQQal stak;eholdei's, including Superior court and federal judges lj.Od com 

officials. We also.researclied o.thet jurisdictions' practices to detennine. best practices, anq 

ultimately pubHshett O!lf tecoxnm.endatioi)S il). a teport titled Jury Service Revisited: 

Upgr.ades for the 21st Century. which was. released in 2015. Since. Cl!lt time; I ~ve 

continued to 11ervt: ¢n acorrimittee that is Working Witl:i.stakeholders to implemehl: the 

reoommertdations set forth in the report. 

19. Haveyou everheltl judicial office'! Ifso1 please give the.details of!'ucll,.sem~ 

including tlte e9ur.t(s) on:whieh yl)u siln'ed, whetller. you were elected or appointed, 

the .daw of your. sel'Vi~~ alld a.~ptiou of the }uris~tion of th.e eourt. Please 

pro\!idefour..(4) e4lpi!lll of allopiiiionsyo._ wrote dur.Jng such ·service as. a judge. 

No. 

A. l:JSt aU court decisions you have.ntade which were revets«l or otherwise erltiei~ on ~ppeal. · 

20. l{ayeyou ever.. b!ICn a candidate CQr. e~ve, judicial" or any other J.iu,1ie·offtee?Ifllo1 

please give the details, including tbe date(s) of the eleetiiln, the otfiee(s) sough~ find 

the r~ts of the ehiction{S); . . 

!applied to be an Associate Jtiq~e of the Superior .Court for the District of Cl>lwnbia on 

May2S,2QI3, .filnuary23, 2015, June22.1015,¥ay U,2Q16, J\l.llelo~ 2016 and OCtober 

;zs; 2.016. I applied to be. a UnitedStlrtesMagistrateJudgeonAugustl's, 2016. I applied to 

be a Magistrate1udge on the Sllpe.;ior Coli,!t,for the Pistrlct.of Col:umbia on A.ugust 19, 

2016-()ctobet 1'2. 2016, November 8; :i.Ol6andMarQh 1, 2017 (1 wi.thdrewthe !)1Qst ~t 

app1ii:iatiof!. aft(:( I was nominated to be an Associate Judge of'th~ Superior CQurtofthe 

lS 
94 

District of Columbili). 

2L .~olitical.aetivities an~ aft'IUation$. 

• · List aU pubUc offices, either elected or appointed, which you li!lve. held or soughf~~os a 

candidat.e or applicant.. 

None. 

• List all menllxn'ship.S and offic!;i held In and sel'ViOOs rendered to any political party· 

or election committee duriitgthe last teiJ.(lO) years. 

None. 

"· Itemize an pf!iitiCal contributions to any in~idual, campaign organization, political pariy,. political action conuriittee, or silnilar entity during the.la.l.!t fivfi (5) yean. of SSO 

.or more.. 

None .. 

22~ To your imowl~e, have. you ever been investigated, arrested, charged, qr convicted 

(iiJelude pleas of guilty or nolo contendere) by federal, ~tc, local, or other law 

enforcement aufb.orities f~ VjolaflOIJ8 Ofll!IY federal, State, COliDty, Or munjclpallaw, 

other than :for.a mmor ttaffie offense'/ Hso, please provide details. 

ln 1979, when I was a jUvenile (age 16), i ~arrested and charged with simple possession 

ofmarijuana. The charges were. dismissed. 

23; ,Have you or an:y busin~ of\'vhieh you ~re orweril ai:l officer~ director or o'Wner ever 

been a party or otherwis~involved as a party .in any otherleg!ll or admbdstrative p~gst It' so, give tbe partiCulars. Do not lfst any prociiedingliJn whiehy'oli.: were merely a guati{ian ad litem or stakeholder, Include all pro~eedillgs i!l whleh'you 

were a party in interes~ a ms:terialivimess, were named as a oo-couspirator or 

.eo•respond~t, and lfst any grand jury i~~iption in which you appeared aa a wititess. · · 

On Mlli:Ch ·28; 2017,.! W8$ infonned that a paralegal who pzeviously wotked in the Civil 

Liqgatiort Division bad.filed a cbilin with the Dlstdct 9fColumbiaOffi~ ofHUqlan Rights 4gainst the ()fflce ofthe At;tomey Oeneral. lam. informed that the complaint allegell racial 

discrimination and failure to aCC<illllnodate a,n alleged disabilU:y. That paralegal had 

worked in the (Jivil Litigation Division undel' mY supervision:from 2012 until Januazy . 

2016, when:hewas tl'anstettedto another Division in the0ffieeoftb.(1Attotn:ey G:enera1 by 

seniormailagelnentafter·h~~metocibangehl$peifonnancerevi(,wMdlrefused The 

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95 

paralegal and [had a conversation, ~erwhich ne call¢ the :police ~4 .seciltity i!_l our 

buildmg a:ild falsely IIOOtised me ofthre~g him, TI1e police detei'!llmed that no tbreat had occurred. I understand thllt the claim 1s at the initial stage, and thl:i (lffice of ilie 

AftOmey General ill preparing a re5p()nse,which will deny that the-paralegal~ any 

tadal discrimination or a ho$tile work: enviromnent. ~will explain that any allegedly 

.aqverse ep1ployment aetion by th-e Office was the resuit offhe paralegal's poor 

petformaJlce .. r may~· called a$ a Witness in thi$, action. 

In ~ber ~015, r wa8. s!ll'Ved with a pw se lawsmt ()llptioned Terrance Butch•Allah 

·Blackman v. Washington, DC Bat bsocititlon, evil, No. 2015 CA 92(JO; fJ.led .in~ 

Superior Court fot t11e Dlstri.ct of C)olutnbia. hi addition to the Washington D>C. Bar 

Association, the lawsuit named me. and two other.aUomeys with t1le Office ciffl¥Attomey 

Qert.eral as def!llldantii. ',fhe complaint was eSsentially unintelligible. Mr. Blackinan.is a 

ftequent prose litigant in$llpCllor Com:t, and h.!ls· snednum!m>JlS. Superior Courtjudges 

WhO haye ~iS.sed his various conipl$lts. It appears that his suit againSt me and the 

uther oAa attorneys was motivated by the fact that I h;ld .. represt:nt~cl one or niore 

Superior Court judges in the lawsuits he had filed against them. The case was dismissed 

with prejUI.'}ice by iudge Dem~ for failure to sta~~ ~claim. 

I was a.pariy tQ a divorce proceeding With tJ:lY ei~wi(e :fu )he S:Upetior. Court for the 

DistrictofCol\imbia. That matter was initially conchtded by settlement at+d 

act1Qmpanying decree ofdiV:o~ce.~te~ed on Al,igu~31,'2011, with further.Ol'l.'lers 

modifYing the initial decree entered in Se~ber i014. 

In 1999, t gave testimony in proceedings .before a special waster i!l a sec~lties cta!JS 

action captioned Gutter v ..Diipont, pe,nding in the. United States District Court for. the 

·Southem.l)lstrlct ofFlo.rida. ·The teStimony con~ed work iruit .I h!ld done a,s ail 

associate at Crowell & Moring on bebiilfofthe firin1 s client, E.t d.uPontde Nemours & 

Comp~;m.y ("DuJl<mf') in 1993 ~d l994~ Thefimt represented Dupont a5 nationat counsel 

in products liability litigation. arising out ofa fungicide known as Benlate; the plaintiffs 

in a~enlate ca$e m pending in state ci)Wt.in HaWI:ii,i SO)lght dciQ\Ittl~ts that. had been 

prepared.by a testing lab that had been hired by an Atlanta,. Georgia law finn that was 

defending Dupolit in a case pe.nding in fed~ court ln Georgi!\, I was informed by a 

partner at.that tirmtliatthe docuttlents wer~ priVileged worit.prodJJ.Ct an4 not subject to 

diS9}()sure. Based oil that representatio~. I prepared :two met;not!Ulda that were filed With . 

the state oourt 1n Hawaii in 11!-te 1'993 and early 1!)94 indjcating that the d!>c:unien~ were privileged "Workpr<iduct that had never been offered to. the Dupont's opponents .in: the 

Georgi.illitigatiQn. A year and ah~flater, in 1995;. the partne.rtha:t I had relied pn tesilii.ed 

i!l stibsequentproceedings in the George litigation that the documents bad been offered to 

Dupont's oppouen.t.. In approximately !999> tbe plaintiffs iJl (Jutt(lr v. Dupont sought discovery concerning the preparation of the memoranda, ·and I testified before a specl!ll 

mastex: in thaf CEise~ Therea:fter,.ln 2000, the UnitedStatesDimict Court :fur the Southern 

District ofFiorida i$s'Ued an opinion summarizing my inv9lvement and concluding that it 

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96 

Willi "unQOntroverted, .. that the lav.<yer at the other firm had misled me ood that I fuld 

r~onably~lied on that lawyer's Sta.temenb! to m.e. See OtiJter:v. Dttpont,l2<fF. Supp. 

2d 1291, 1310 (S.D. Fbi. 2000} 

fu the fall ofl979, 1 was .involved m a traffic:ac.cidtmt b). Charles(Qn; South Caroijna. I 

was driving !lll ¢111P~ passenger \'lin ilia l'iiin storm, The car in: :front of me iltopped 

suddenly, and the van I was di+vinglost traetionood s(ddded into 1herea.r: ofthe car .. I 

believe that I reeeived a ~c t;itationfor following teo closely in connection With that. 

accident. The driver. of the carsubscquently brought suit against me ~md my employer 

(Ute owner of the van), and the'sUitwas settled by mY employer's insurance cattier. 

24. flave.you ev~r been d~sclplined en: cited for a breach ofcthlC'$ for unprofessional 

conduct by, Qr ~en me subj~t ota ~p~tnt to any co~t, admbiistnttive agency, 

,!)aror prof~iomll ass'ociation, disciplinary committee, or other professional group? 

If.sQ, ple~e provide the (letails. · 

No ... 

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97 

II. P()TENTIALCONFLICTSOF.INTEREST 

1. Will you-sever all connectiOns With your preseJJt employ~), bnsinllSS firm(s); 

busiliessiUisoclation(s), or bQl!iness orgardzation(s) if you are confirmed? 

Yes. 

z. Des~l'ibe all• financial arrangements, deferr~ comp-ens~tion agreements, or other 

continuing dealings wlth your law flf'llt, business associates, or efi!lJl(s. 

I have a self-funded 401k/Keoglltetii:ementplan that I begim..while I was at. CtoVielt& 

Moring that is.managed by Fidelity; 1 do not believe that this retirement plan poses any potential cqnflict of interest, · · 

3• Indicate any iuv~ents, obligatioiiS, liabilities', or other reltttionships which ~»nld 

involve potential conflicts .ofinterest 

A profes$ional investment comP!IIly.h!IS onmybehaJfinvested in stocks and other publicly 

traded investznent -vebiolesJor i'n!ttlY years. If aptiointed to the bench. my ownership of the 

stock.!>£3 compapythatvias a,party to litigation penQing before me co:ul4. pQSsibly po~>Ca 

oorlflict ofintetest. 

4. ·Describe any business relationship, dealing, or financial transaction which you have 

bail in the last tel'! (10) years, whether'for.y11urself, o~ b!.!hlllf ora cUent, 11r acting as 

.an agent; that.eould in anyway constitute orresultin a possible cqnflict of interest 

other than while in !l fedtif!ll goverliment.capaeity. · 

None. 

5. l),C$Cribe !lilY activity :d~ring tbelastten (~O)yeal'l! in whlc;h.yo"' have engaged for ~e 

purpose o£ direetly or indirectly InflUencing the paiisage; defeat, or mOdHlcatiOJJ of 

leg.slatfon or at:feciing the .. a:dm~tration a.nd execution Qf law or pubUe IWDCY other 

than while as a federal government empioyee. 

Noue. 

6. Do you hllve any plans, eommitmeot,., or agreements to pursue outside. empioymcnf, 

with or without cl)mpensation, during your service .as a juclge? If.so, explain. 

No. 

7. Explain.howyou will resolve any potential conflicts of interest:, including any that 

may have been disclosed by your responses to the above items. Please proyide fb.ree 

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98 

(3) e9pi~s of any tr~t or other relevant a~reementil. 

I would t.esohre any conflicts ofintetesHh accor:dance with the. D.C. Court$~ Code of 

Judicial Conduct. 

8.. If eonfitllled, do you. expeetto serve out your full term? 

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99 

m. FINANCIAL DATA 

An lnformatlo11i'equuted under this heading:must be provided for yourself, your ~ouse, 

.and, your ~epend~t!!. (This iilfermatie~ wiD not ~·published in the r~ord of the hearing on 

tour nondriatioil, but it wiD be retained ln.tbe Committee's files and will be.aYaiiable for 

pubHC lnspeetlon.) 

REDACTED 
100 

IV. DISTRicr OF COLUMBIA REQUIREMENTS 

Sup_plementill. questions concerning spedfic statutory quallftcations for service as. a judge in 

the ~ur~ of the ])iStrict of Columb(lqtursuant w th.e DIStrict ~f,Colu~bia Court Refonn 

and CrbiifnalProeedure.Aet of1970, )),C. COde Section I I· 150 1 (b), as amended. 

1. Are you a citizen oftbe Umted States? 

Yes, 

2. Are you. a memberol'the bllroftbe DJstrietofColumbia? 

Yes, 

3.. Have you .heen a m(lmber o.('the bar oftbeDJstriet of'Columblafor·atleast five (5) 

years? Plealle provide the date you were admitted to pi'actice in the Dlstrlet of 

· Columbia. 

Yes. I was adlllitted to t!ie J).C. Bliron OCtober 28,J991. 

4. If the wwer tO Qui:Stion 3 is "no"-· 

A. Are you a profmor of law hi a law school in the District of Columbia? 

B; Aroyou a lawyer employed in the~trfet ofCol~mbi" by the United States .or 

theDisfiietofColuDibia? 

C. Ha\fe you be~ eligible, tOr ntembersbip.Jn the bar of the District ~fColumbia 

for at.Ieast fi;te (5) years? 

D. Upon what grounds ls that eiiglbllily based? 

5. Are yoJJ a bona fide ~jdent of ibe Dlstrietof Columbia? 

6. lf.Ve you JJUiliitained an actual place of 11tiode in the greater Washington, D.C. area for at least ftve(S) yem? Please liSt tbe,!ldresse8 of yomo ae~al pl~ees, ofabode 

(inclull~g·temporary·resldences)with date!! of occupancy for the.iast fl;te (S}years• 

Yes. Fro~Juty 1994 \lli~ Septe.QlberZ,20l6; Uivedal;········ Wl!Shirigton, ItC~ 20015. 

REDACTED 

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101 

REDACTED 

Since September 2, 2016. I have lived-~Washington, D.C. 

20015. 

1. Are you " m~ber of the DJst,lct of Columbia CommissiOn on JudiclaiDisabilitfes 

and Tenure or the District oi' Columbia Judicial Nominating CommJssiou? 

No. 

8. Have you been a memlJer ttf eithenfthese COmmissions within the iast 12 months? 

No. 

9. Pl~!le provide tije eomtnittee-with four (4) eoples ofyour D.fstrld of CollUllbta 

Judicial Nomination eommJssil>n questionnaire. 

I ha\'eattached four copies of my. District o{Columbia 1udicialN()mina~ons Cotmnission 

Questionnaire, Forin 21, dated ¥ay 13, 2016. · 

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102 

Æ 

AFFIDAVIT 

Jonathan Hale Pittman being·duly sworn, hereby states tllat he/she has rtlad and signed t!te 

foregoing Statem.ent ori Bipgn,tphical: i\Ud Fimu~cial Information and th~t the intbim~tion provided 

therein. is, to .the best ofhi~her: loio:Wledge, cunent, ac~urate, and complete, 

27