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Senate · Hearing transcript

Hearing to Examine Multiple Federal Nominations

Wednesday, June 17, 2026

Summary

  • Sen. Paul said the committee will not vote on eleven nominees until FBI background checks and ethics disclosures are fully completed.
  • Hal Duncan (Nominee to be Deputy Director, Office of Management and Budget) pledged to mandate Do Not Pay checks and block grants advancing DEI or illegal immigration.
  • Sen. Peters pressed Cameron Hamilton (Nominee to be Administrator, Federal Emergency Management Agency, Department of Homeland Security) on 89% Republican versus 23% Democratic disaster approval rates.
  • Sen. Peters condemned rushed vetting and missing FBI and ethics reviews as rubber-stamping while Sen. Paul defended delaying votes until paperwork completed.
  • Hamilton promised a thirty-day FEMA reform analysis with regular congressional briefings if senators confirm him to lead federal disaster response.

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Hearing Details

Witnesses

Members Who Spoke

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Transcript

Sen. Peters (MI)17:07 – 17:07

Go.

Sen. Paul (KY)17:12 – 17:59

The hearing will come to order. Today the committee meets to consider eleven nominations. We'll begin today with our first panel of nominees. Hal Duncan to be the Director uh Deputy Director of the Office of Management and Budget. Brian Kavanaugh to be the Undersecretary of Management at the Department of Homeland Security. david cummings to be the administrator of the transportation security administration cameron hamilton to be the administrator for the federal emergency management agency and charles baldus to be the special counsel to the office of special counsel the witnesses' written statements have been submitted for the record and i ask you in adam's consent to submit letters of support received for the nominees in the interest of time i will forego any opening remarks Senator Peters.

Sen. Peters (MI)18:00 – 25:35

Thank you, Mr. Chairman. Uh, welcome, uh, to the, uh, nominees, and certainly, uh, thank you for your, uh, willingness, uh, to serve and, uh, congratulations, uh, on your nominations. Uh, we have a, uh, record-setting eleven nominees before the committee today, each, uh, for roles that impact people, uh, as well as communities, uh, across our nation. Uh, I am, uh, very disappointed, uh, with this process, uh, that has been unnecessarily rushed. An overcrowded lineup today severely limits our ability to have transparency for the American public. Members of this committee should have the opportunity to hear from and thoroughly question each nominee in front of the American people. The chairman is not even bothering to let the nominees make public opening statements. And members of the committee have not received their written testimony. Even more troubling, the chairman has disregarded this committee's long-standing basic requirement for nominees appearing before us. Two of the nominees, Mister Brodsky and Mister Ballas, do n- have not completed financial disclosures and ethics agreements certified by the Office of Government Ethics. Two nominees, Mister Ballas and Mister Hamilton, have not completed FBI background investigations, always the minimum requirement for this committee. The FBI review can provide a more complete picture of the nominee's picture, or of a background in integrity. And the ethics review certification process is essential for providing transparency into nominee's financial interest as well as potential conflicts of interest. This is even more critical when nominees, like some of us here today, have significant financial holdings. To my knowledge it is completely unprecedented for this committee to proceed to a hearing before these very fundamental vetting steps are complete. It has always been that way, always should be that way, and the American people expect it to be that way. And I recognize that timing uh is out of the nominee's control. However, it does a disservice to these nominees as well as to members of each and every one of this committee. Unfortunately, it seems like these nominees are being treated as basically just a box. checking, exercise, rather than a core constitutional duty. I take our responsibility to thoroughly evaluate each nominee's qualifications seriously. And I have supported and opposed nominees based on what I have learned through this committee process. I know that my committee colleagues on both sides of the aisle also wanna thoroughly consider each nominee before us. But when the process is this haphazard, and rushed, it certainly looks like this committee's Republican majority is simply rubber stamping the President. The Constitution is very clear of our oversight responsibilities to Congress. And it's very clear that this checks and balance system doesn't work if the Congress simply is a rubber stamp for the President. And that's what we're seeing here today. Somebody who's shirking basic constitutional responsibilities, people who claim that they protect the Constitution and yet they'll watch it get trampled here today. Today we're considering nominees for ten different agencies, any one of which could warrant its own hearing. Hearings for nominees is even more critical, as this committee has been ignoring its obligation to conduct public oversight of administration officials, after they are confirmed. Since the start of this Congress we have had only two oversight hearings, where administration officials appeared as witnesses. We have abandoned abandon our duty to conduct oversight of our homeland security apparatus by skipping annual hearings that were conducted by this committee for decades, for decades, including the annual threats hearing or hearing on the DHS budget request. We are considering two nominees to the Postal Service Board of Governors today, and I hope to hear detailed explanations of how they plan to uphold the Postal Service's independence and public service mission If confirmed. I'm also concerned that the president has failed to consult with the Senate minority and nominate any any Democratic members of the board. Instead, he has nominated four members of one party. The board is designated by statute to be bipartisan in nature, and lopsided political representation undermines public confidence in the board's ability to serve the public above above partisan views. We are also considering nominees for several agencies that Congress is charged with providing independent oversight of the executive branch. The Marriage Systems Protection Board and the Office of Special Counsel are both critical to protecting whistleblowers and ensuring the federal workforce is free from political coercion. The Federal Labor Relations Authority ensures federal workers' collective bargaining rights are upheld. The DOJ Inspector General leads efforts to combat waste. fraud and abuse across the Department of Justice. As this administration continues to attack and dismantle independent oversight bodies, and erode protections for our non-partisan public servants, it's more important than ever that we have principled independent leaders in these critical roles. Similarly, this administration has resisted and undermined all forms of transparency and accountability, taking unprecedented steps to keep information and records hidden from Congress and the American public, even more troubling our actions to rewrite history through a partisan political lens. The National Archives protects our national records and ensures that the American people have a complete and an accurate account of our shared history as the American people. And I hope to hear an unwavering commitment to transparency in leading NARA in a nonpartisan manner from President Wilson. Professor Wilson, excuse me. Mister Duncan, the Office of Management and Budget has been the center of many of these administrative-wide efforts to evade transparency, oversight, and accountability. Throughout the nomination process you have emphasized your view that OMB's chief person uh purpose is to serve the president and his agenda. Since returning to office, this president has made clear that he does not respect Congress's congressional role, as a co-equal branch of government. So far, many of my colleagues are OK with that. They don't believe they're a co-equal branch of government. They believe that they're a rubber stamp. I get that. But flouting spending laws, ignoring oversight, and manipulating all aspects of government for personal and political gain. Today we will have an you will have an opportunity to explain your involvement and views on OMB's actions. To the nominees to serve at the Department of Homeland Security, including FEMA and TSA. Unfortunately, because of the way this chairman has stacked this hearing and made transparency and accountable next to impossible, I may not have time to ask questions of each and every one of you today. But I'd like to thank you all for your engagement through this process, and I appreciate that each of you have expressed a willingness to examine and re-evaluate some of the decisions made by the department's prior leadership. Mister Cavanaugh, I particularly appreciated your commitment to reviewing the severe staffing cuts at DHS.

Sen. Paul (KY)25:54 – 27:00

Uh, comments, uh, you know, are well received and listened to, but it is a fact that we will only vote on these nominees after all of their uh reports are complete after all of their fbi backgrounds are complete and i would say the comments are rather rich coming from people who uh shut down ice and border patrol and wouldn't fund one dollar for it so you know we can have different opinions here but i would certainly think that it's irresponsible to have no border security and not to pay them it's the practice of this committee to swear in witnesses will the nominees please stand and raise your right hand do you swear that the testimony you will give before this committee will be the truth, the whole truth, and nothing but the truth? So help you God. It's a standard practice of this committee for the chairman to ask the nominees the following question. 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, let's do it one at a time. Mister Duncan. do you agree to

Hal Duncan (Witness)27:02 – 27:03

yes uh subject to the advice of council

Sen. Paul (KY)27:04 – 27:04

mr. cavanaugh

Cameron Hamilton (Witness)27:05 – 27:05

yes

Sen. Paul (KY)27:06 – 27:07

mr. cummins

Hal Duncan (Witness)27:07 – 27:09

yes subject to advice of council

Sen. Paul (KY)27:09 – 27:10

mr. hamilton

Cameron Hamilton (Witness)27:10 – 27:11

yes subject to the advice of council

Sen. Paul (KY)27:12 – 27:13

mr. balis

Hal Duncan (Witness)27:13 – 27:14

yes subject to the advice of council

Sen. Paul (KY)27:15 – 27:21

we'll now proceed to questions which each member will give in five minutes i'll reserve my time and at this time recognize senator johnson

Sen. Johnson (WI)27:22 – 28:49

no no opening statements ok Thank you, Mr. Chairman. Uh, Mr. Duncan, we we uh had your hearing yesterday in the budget committee. And I I just thought it was uh, is the right word? Uh, certainly hypocritical of the the comments from the other side questioning how grant money might be a portion to, oh I don't know, things that President Trump uh actually ran on. You know, the the the his causes, like like President Biden and President Obama didn't do the exact same thing. uh so so i know they they made a big to do about uh changes in in uh the the code of federal registers uh something that you're really concentrating on to to eliminate the waste fraud waste and fraud that we've been seeing uh the stats i used yesterday was at a minimum two hundred and fifty billion dollars per year in gao up to a trillion dollars according to lexus nexus i mean and and it's impossible to prosecute that and recover those funds you have to prevent them from going out to the front-end. So can you, first of all, just address the the accusations of partisan allocation of grant money. Um, elections matter, and obviously you're gonna provide grant money to the the the issues that uh a duly elected president are go are going to want to support. But then also just talk about what we need to do to uh rein in fraud and prevent money ever going out the door.

Hal Duncan (Witness)28:50 – 30:25

Well, Senator, I certainly appreciate the question, um, and I would note as it relates to the um uh adherence to administrations in the disbursement of grant money i was kind of struck by some of the comments because during the rescissions process um there were folks that were saying hey don't rescind this money just spend it on things uh that the administration agrees with it might have been spent on things that you didn't agree with in the past why don't you just spend it on um uh administration priorities now so i thought that was something that struck me during that process but as it relates to two cfr uh part two hundred in the updates it's fundamentally about getting our arms around the grant enterprise which is at a trillion dollars a year ensuring that we have accountability as it relates to the fraud uh aspects of it we wanna mandate the use of the do not pay system so if you're on a list that is an individual that is not able to receive federal financial assistance we require the agencies to check that list if you're someone that is on the death master file um or something like that, we wanna ensure that we're stopping that on the front-end, because to your point, if we don't stop fraud on the front-end, it becomes much more difficult, uh, on the back-end. We also wanna ensure that these grants aren't going out in a way, um, that advances divisive DEI ideologies, uh, woke gender ideologies, illegal immigration, as we saw in the past administration, um, and want to ensure that there are additional steps to ensure accountability, so the folks that the president points and puts in power when he is elected by the American people are able to review grant issuance decisions.

Sen. Johnson (WI)30:26 – 31:30

the the example i used uh yesterday was uh doctor ross apparently uh through information systems again we're trying to set up an ai system in in omb um to scan the data to look for potential fraud but he identified that a third of all hospice centers in america are located in los angeles i mean that is just an astonishing fact which of course there's an you start drilling into that going, how can this be possible? Uh, apparently through those investigations they they determined that they were not gonna fund four hundred of these hospice centers. They cut off funding, and I'd kinda like you to describe that that process. But having cut off funding, not one of the four hundred centers complained. Which speaks volumes, right? I mean, if you were a legitimate hospice center, you'd be relying on that funding and you'd be screaming, you know, bloody murder, say we need that funds. Not one of four hundred. So it just gives you a sense of just the the pervasiveness or fraud within so many of these programs. But just just talk about the process of of what we have to do to prevent money going out.

Hal Duncan (Witness)31:32 – 32:14

Um, thank you, Senator. In order to prevent money from going out, you need to be m- make sure you have the data to understand um who these funds should be going to. Uh, in a lot of cases we aren't provided with that data and we have limited decision-making space. Um, we also need to, uh, ensure that, like I said, files like the Do-net-Pay system are being checked, that we have endpoint verification. In many instances, when something goes to the states and is block-granted to the states, that's kind of the end of the line for federal government oversight. At that point, the states are the ones that are distributing the money. And to your point, it's become incredibly difficult to get it on the back-end. The Fraud Task Force and the work that it's doing, um, has been kind of two-fold in the sense that they're trying to stand up

Sen. Johnson (WI)32:28 – 32:35

So, j- just real quickly, can you also talk about the resistance you're getting, this administration's getting from governors of states that

Sen. Paul (KY)32:32 – 32:33

Mm-hmm.

Sen. Johnson (WI)32:35 – 32:39

refuse to provide the information that you need to prevent the fraud?

Hal Duncan (Witness)32:39 – 33:11

Absolutely, Senator, and we've seen this, uh, in the SNAP program particularly. Um, states, some states have been more than willing to provide their Snap data to the, uh, to the administration so we can verify, um, compliance with the program's terms. Others have not. Others have filed lawsuits against us. That is a microcosm of a problem that exists across the board. And that's certainly a, uh, a place where we need additional tools from Congress to be able to ins- insure compliance and insure the federal taxpayer dollars are being spent wisely, um, and in a manner that's fiscally responsible.

Sen. Johnson (WI)33:11 – 33:12

I appreciate your efforts. Thanks.

Sen. Paul (KY)33:12 – 33:46

i think this this brings up a point that is probably we talk about oversight maybe one of the most important points we'll get to we have lots and lots of programs where the state signs people up for it and the federal government pays for it there's no oversight because then the state resists the oversight but we're letting the state sign people up so everybody and their brother might be signed up for food stamps able bodied people people working people not eligible but we can't review cause california will resist or new york will resist This is probably the biggest oversight problem we face in all of the payment programs we have in our country. Senator Peters.

Sen. Peters (MI)33:49 – 34:59

Uh, Mister Hamilton, um, under President Trump's second administration, nearly ninety percent of Republican states' uh disaster assistance requests have been approved. That compares to only twenty-three percent of Democratic states' Request. Since the establishment of FEMA, no, and let me highlight, no other president has created such a disparity in states that receive federal disaster aid. Denying over seventy-five percent of requests from states that are led by representatives of another party is uncomfortable. We have a chart here, I'll just show you the chart here, which is pretty stark data. Pretty stark data. From Trump, stand up please. Aye. Republican states, boom, a collapse in Democratic states. Given this stark data, what other conclusions can one draw other than the president is using federal disaster assistance to punish states that elect Democrats? So my question for you, sir, is does disaster survivor in a blue state deserve less support than a survivor in a red state?

Cameron Hamilton (Witness)35:01 – 35:14

Senator, thank you for your question. What I can tell you is I care deeply for survivors, and I believe the president does as well. Um, I believe all survivors who have faced high consequence events deserve the proper care, support and resources of the United States government brought to bear.

Sen. Peters (MI)35:15 – 35:17

So how do you explain this uh discrepancy here?

Cameron Hamilton (Witness)35:19 – 35:30

Well, Senator, I certainly appreciate your concern, what I can tell you is that if confirmed, my focus will be to ensure that FEMA is objective, is fair and reasonable, follows the law, and is consistent in the approach to be

Sen. Peters (MI)35:30 – 35:30

Well.

Cameron Hamilton (Witness)35:30 – 35:34

uh how we adjudicate and process claims and requests for disasters

Sen. Peters (MI)35:34 – 37:41

well i'm gonna cut back to that but uh you know i would just wanna say you know i seem to recall my colleagues on the other side of the aisle here were absolutely incensed by several instances during president biden's tenure where fema representatives skipped houses with trump signs uh i called that out as well i thought that was unaccountable i'm on the record condemning that my republican colleagues were condemning that and now that the federal government is deciding not to skip a few homes But entire states, I would hope my colleagues would join me with that outrage that they had when a few houses were skipped. I hope that comes, I hope we hear that today. But it's concerning to your point about doing something different, which I hope that's the case. But you were involved in this process for five months last year and are now back at DHS now, but you still can't answer questions about what happened while you were there, why this huge cliff of democratic states being denied disaster assistance survivors being denied disaster assistance so i'm not satisfied uh with that answer uh i don't trust that that's what you're gonna do cause it didn't seem like you did it when you were there before or were not involved in it or don't uh now talk about it uh and i i certainly hope that we uh get further explanations of how you're gonna go forward uh and uh certainly uh uh mr. duncan as well i'll be asking for uh information regarding this uh written mr. duncan uh as we discussed yesterday OMB is refusing to cooperate with at least fourteen GAO audits, including ten audits re- required by law, required by law, you're ignoring them, and four audits that I requested as the main ranking member of HISGAC. As I hope you know, GAO is is Congress's independent, nonpartisan watchdog. Now, I know that drives this administration crazy to have a watchdog, especially if they're independent. They're used to people standing around them, just rubber-snapping whatever they do. But these are independent watchdogs. And their work has literally saved billions in taxpayer money from fraud and for abuse. And you're ignoring those. What would be as ignoring them? Will you commit without reservation to full cooperation with every GAO audit?

Hal Duncan (Witness)37:42 – 38:37

Senator, I appreciate the question and I appreciated the opportunity to meet with you and your team yesterday. Um, we have received that list of audits, uh, that your team flagged for us last night. i sent it to our team um this morning first thing uh and asked them to review we're gonna have a conversation about those specific um audits right after this hearing um as it relates to uh inquiries we get from gao i would note that gao has seven times the number of employees that omb does um at one point we had fifty open inquiries uh from gao mid last year we tried to respond to gao inquiries in a responsible time while we're able while uh still maintaining our ability to carry out our duties um in support of the administration. Um, I certainly commit to being apprised of every GAO request in discussing next steps with counsel um and understand the importance of the responses to the audits that, uh, you flagged for me uh yesterday, um and the responses there as well.

Sen. Peters (MI)38:37 – 39:07

Well, I I hope you will be. I appreciate that you will do that. I look forward to your your quick response. Uh, I appreciate you mentioning the resources GAO has. They have it for a reason, because they actually save billions of dollars. And as I recall, Congress has given OMB one hundred million dollars, uh, in the big, beautiful bill. So there are plenty of resources in your department. And if you could dedicate some of those to independent oversight, it'd actually save billions of dollars in taxpayer money. I would certainly welcome that. We hope to see that if you're confirmed.

Sen. Paul (KY)39:08 – 39:09

Senator Morano.

Sen. Moreno (OH)39:09 – 39:30

Uh, thank you, Mr. Chairman. So, uh, there was some concerns about, uh, the five of you not having your background checks and FBI pieces. So maybe we can do a little vetting here this morning. if you guys don't mind. Uh, so maybe we can, uh, assuage some concerns that people may have legitimately about your backgrounds. So starting with you, mister Duncan, if you guys just say yes or no quickly, uh, do any of you have a Nazi tattoo?

Sen. Johnson (WI)39:32 – 39:35

Senator, as I mentioned yesterday, I do not have any tattoos, especially not a Nazi tattoo.

Sen. Moreno (OH)39:37 – 39:37

It's capital?

Sen. Johnson (WI)39:38 – 39:40

Senator, I do not have any tattoos of that nature.

Sen. Moreno (OH)39:40 – 39:40

How many?

David Cummins (Witness)39:41 – 39:42

Do not have any tattoos, Senator.

Sen. Moreno (OH)39:42 – 39:42

Every other

Sen. Johnson (WI)39:43 – 39:43

No.

Sen. Moreno (OH)39:43 – 39:43

one.

Sen. Johnson (WI)39:44 – 39:45

No.

Sen. Moreno (OH)39:45 – 39:53

Have any of you ever said that women deserved to be raped? and uh should take accountability for it being intoxicated senator absolutely not

Cameron Hamilton (Witness)39:55 – 39:55

no

Sen. Moreno (OH)39:56 – 39:56

no

Cameron Hamilton (Witness)39:57 – 40:02

senator i've had family members uh sexually assaulted in very egregious ways so absolutely not

Sen. Moreno (OH)40:04 – 40:08

uh how about uh that uh black people don't tip well would that be in your background

Hal Duncan (Witness)40:08 – 40:10

senator absolutely not

Cameron Hamilton (Witness)40:11 – 40:11

no senator

Sen. Moreno (OH)40:12 – 40:12

no sir

Cameron Hamilton (Witness)40:13 – 40:14

absolutely not

Sen. Moreno (OH)40:15 – 40:19

no Have any of you fantasized about raping men who broke into your homes?

Hal Duncan (Witness)40:21 – 40:22

Senator, absolutely not.

Cameron Hamilton (Witness)40:23 – 40:26

No, Senator. No, sir. No.

Hal Duncan (Witness)40:27 – 40:27

No.

Sen. Moreno (OH)40:28 – 40:31

Have any of you fantasized about masturbating in public bathrooms?

Hal Duncan (Witness)40:32 – 40:34

Senator, absolutely not.

Cameron Hamilton (Witness)40:35 – 40:38

No, Senator. No, sir. No, sir.

Hal Duncan (Witness)40:38 – 40:39

No.

Sen. Moreno (OH)40:39 – 41:07

Well, I'm glad that you, uh, uh, clarified that for us. I mean, you wouldn't be qualified to be the Democrat nominee for Senate in Maine. But certainly, uh, glad that we got those questions out of the way. And, Mister Hamilton, I ask you one last one, that the, uh, Democrat nominee for Senate, Maine, that's been endorsed by, uh, Demo- uh, Senate Democrats. What do you think about the, the idea that he called, uh, people who got killed in Afghanistan losers to somebody who served? How does that make you feel as somebody who is in the military?

Cameron Hamilton (Witness)41:08 – 41:30

Uh, well, thank you for the question, Senator. As a combat veteran, former Navy SEAL, I've served with some amazing men and women overseas, some of the most uh incredible americans i take that with grave personal offense um i've lost friends who've been buried in that soil i've had great americans that i've worked with that i've had to save their lives for uh i think it's a reprehensible statement that strikes at the very heart and nature of american character

Sen. Moreno (OH)41:30 – 41:43

and if any of the people here that we're looking to confirm for these positions had any of these things in their background would you uh fault us for not voting for those people and disqualifying them right away mister mister hamilton from just your position

Cameron Hamilton (Witness)41:45 – 41:50

I would not support an individual with statements such as that, if I can speak on a personal matter, Senator.

Sen. Moreno (OH)41:50 – 42:32

Perfect. I appreciate it. Mister Cummings, you're looking to uh take over the uh TSA. We're sitting here in June. TSA has been shut down by the Democrats three times just as Congress alone. There is absolutely no doubt in my mind that the Democrats are plotting again not to cooperate with appropriations and shut down the government again in September. Tell me how difficult it is uh to you to be in that job knowing that your workers may once again not receive a paycheck not because they didn't do the good job not because they didn't show up for work because of pure raw unadulterated politics how difficult does that make your job

David Cummins (Witness)42:33 – 43:24

thank you for the question uh mister senator it is um clear that going without pay for months is not something that any american should have to put up with uh least of which the ones that are protecting our skies and our transportation systems and so i think i would hope that um this congress uh keeps that in mind and for future uh appropriations and spending bills that um if if we should care about the essential workers we should care about those that are protecting our borders those that are protecting our our airports, our transportation systems, um, and quite frankly, their morale that I've encountered is quite low right now, and it's something that I'm gonna have to put as my number one priority, uh, in my first day on the job. And for the

Sen. Moreno (OH)43:24 – 43:25

We should do our job and fund the government.

David Cummins (Witness)43:26 – 43:27

Yes, we should.

Sen. Moreno (OH)43:26 – 43:44

Right. And, Mister Hamilton, do you think it's impor- how important do you think it is for us to pass Senator Johnson's shutdown Fairness Act? That would say, in the inevitability that the Democrats decide that it's politically wise for them to shut down the government, that government employees would continue to get paid so that they don't get used as pawns.

Cameron Hamilton (Witness)43:45 – 43:52

I would say, Senator, that it's reasonable for us to pass legislation to ensure that all the federal executive actions can be achieved properly and are properly funded.

Sen. Moreno (OH)43:53 – 44:15

And real quickly, uh, Mister Kavanaugh. Uh, there's, uh, about sixty five billion dollars owed to the US government by Chinese solar panel companies that lost a lawsuit. They owe that money to, uh, the Customs and Border Patrol Department for terrorists that they did not pay. Uh, do I have uh your commitment that you'll go after them, chase them down and hunt them down for every last cent?

Sen. Johnson (WI)44:16 – 44:25

Senator, you absolutely have my commitment to do that. And as if if confirmed, I look forward to taking advantage of several several developments in technology to close loopholes that countries have been using.

Sen. Moreno (OH)44:26 – 44:26

Thank you.

Sen. Paul (KY)44:28 – 44:28

Senator Hassan.

Sen. Hassan (NH)44:29 – 45:52

Uh, thank you, Mr. Chair, uh, and Senator Marino. I'd look forward to your review of Senator Lankford's and my end government shutdown bill that has strong bipartisan support. Um I wanna thank the witnesses for being here today. I normally ask all nominees uh this question and I'm gonna ask it for the record so we don't spend time with your answers this morning but the question will be if the president orders you to violate the law whether you're gonna follow the law, or follow the president's directive. Um and now I'll move on to my first question, which is to Mister Hamilton. Um I'm gonna follow up on the line that uh Senator Peters was asking you uh because I too am concerned that the report came out earlier this year uh that FEMA under the Trump administration had approved eighty-nine percent of disaster funding applications submitted by Republican led states but only twenty-three percent from Democratic led states. As you and I discussed in our meeting, and I appreciated that meeting, this is unacceptable. The idea that Americans who need help in the wake of a tornado or a flood or a hurricane should be treated differently, based upon politics is shameful, it is un-American. So, Mister Hamilton, do you agree that politics and partisan considerations should play no part in approving disaster assistance?

Cameron Hamilton (Witness)45:53 – 45:53

I do, ma'am.

Sen. Hassan (NH)45:54 – 46:06

Thank you. Um, if you recommend that disaster assistance should be approved, and the president disagrees based upon his political or personal considerations, what would you do?

Cameron Hamilton (Witness)46:08 – 46:28

Well, thank you for the question, ma'am. I think that every disaster has to be adjudicated and evaluated on their own merits. So we would take the consideration of the public assistance, individual assistance team, formulate what we believe to be an appropriate course of action, and strong recommendations to the president. Uh, my goal will be to make that process, if confirmed, as clear and objective as possible.

Sen. Hassan (NH)46:27 – 46:39

Right, but what would you do if he, if he says, look, it's led by a democratic, uh, governor, so I'm just not gonna your your recommendation, I get it, but I I wanna punish the Democrats, so they're not getting it. What would you do?

Cameron Hamilton (Witness)46:40 – 46:49

Well, that's a very, um, odd hypothetical. I don't believe the President would do that, but I will tell you that my oath of office requires that I follow and obey the law.

Sen. Hassan (NH)46:49 – 48:19

Well, I do believe, given the evidence that we're seeing right now, that the President would do it, because that's the only explanation for that kind of gap between the awards of disaster assistance. We have a President who does some outrageous things. Um, and to Senator Marino's earlier uh uh questions, including um making incredibly derogatory comments about veterans and Senator John McCain. Um, so we have a president who uh daily gives us examples of breaking the law. And you all are going to have to think about what you will do uh when he uh reverses your decision completely based on politics, which as I said would be immoral and un-American. Uh, I appreciate your commitment to following your oath of office. but I hope you will give this serious thought. Now to Mister Kavanaugh. Uh Secretary Noem put Corey Lewandowski in charge of the day-to-day operations of the Department of Homeland Security. Mister Lewandowski then reportedly abused his position to personally profit from blatant corruption. During the presidential transition, Mister Lewandowski reportedly demanded bribes in exchange for DHS contracts. At DHS he handed out no-bid contracts to his cronies, and fired employees who stood in his way. So, Mister Kavanaugh, as Under Secretary for Management, you'd be the top contracting official at DHS. Will you commit to conducting a review of DHS contracts that might have been approved by Mister Lewandowski for potential self-dealing and pay-to-play schemes?

Sen. Johnson (WI)48:20 – 48:33

Senator, thank you for the question. Uh, I'd like to start by saying, uh, Secretary Mullen, after being confirmed, has already began that process, and if confirmed, I commit to following up and providing additional support into the process of reviewing all contracts.

Sen. Hassan (NH)48:33 – 48:41

OK, including uh the contracts that might have been approved by Mister Lewandowski for potential self-dealing and corrupt pay-to-play schemes.

Sen. Johnson (WI)48:42 – 48:42

Right.

Sen. Hassan (NH)48:42 – 48:53

OK. Um And um Secretary Mull- will you personally also oversee that process?

Sen. Johnson (WI)48:55 – 48:59

As the Under Secretary for Management, uh, yes, the delegation would be down to that role.

Sen. Hassan (NH)48:59 – 49:13

OK. Um, and will you commit to giving Congress the information it needs to conduct its own investigation into Mister Lewandowski's corruption, such as rooting sheets and other documents that show Mister Lewandowski's role in DHS contracts?

Sen. Johnson (WI)49:14 – 49:20

Senator, I I commit to being open and transparent and accountable with the oversight committees, and look forward to that relationship.

Sen. Hassan (NH)49:20 – 49:31

Right. Thank you very much. Um, Mister Duncan. In Jan- uh, oh, I'm seeing that I'm almost out of time, Mister Chair. So, um, I will, uh, ask this question, uh, for the record. Thank you.

Sen. Paul (KY)49:33 – 49:34

Senator Scott.

Sen. Scott (FL)49:34 – 51:04

Thank you, Chairman. Um Thank each of you. Congratulations. I think you've been here. Congratulations on your nominations. So, Mister Hamilton, FEMA's a pretty big deal for Florida, right? Uh, we've uh, when I was governor we had four major uh hurricanes, and FEMA was an unbelievable partner. uh in our state um the tell me how you how you would handle this so right or wrong i never understood it it never made any sense to me but um the federal government would pay seventy five percent of things like shelter and and um debris pickup and things like that um so the um and then so on debris pickup here's what happened so a county would have a contract for seven dollars eight dollars uh eight dollars and fifty cents a square foot our cubic yard. And then um, um, so we then the federal government just out of graciousness, they would pay seventy five percent of it, the state would pay twelve and a half percent, and the county would pay twelve and a half percent. So I got all these calls as soon as major storm happened, said you know I need to turn that, you need to turn that over to the corps of engineers. Because if you turn it over to the corps of engineers, they do, they supposedly do it way better. Right? So I always assumed when I got those call there's money involved, right? well here's what happens as soon as they turn it over to the courts ninety percent by the feds for whatever reason then i paid five at the state the county's paid five good deal right for the state not a great deal for the federal government what's better is guess guess what the contract was with the corps what's your guess

Cameron Hamilton (Witness)51:06 – 51:07

um i i i couldn't guess senator

Sen. Scott (FL)51:07 – 51:33

seventy two bucks same as a seventy two seventy two dollars a cubic yard so um uh and then and so and guess what it's the same companies And if these, if these companies would decide they didn't wanna, if I wouldn't turn over the cord and they wouldn't, they'd just say, " Oh, I'm not gonna pick it up." Then if, then they'd say, " Oh, I want twenty bucks." Then the government, like that, they'd say, " Okay, we'll pay seventy-five percent of that." Does that make any sense to you?

Cameron Hamilton (Witness)51:35 – 52:37

No, I think, Senator, you've identified some unique challenges that will have to be resolved within FEMA. Um, there are, the Corps of Engineers is a, uh, they are, they utilize contract vehicles through the Department of War. uh through the economy act they allow and leverage other federal government agencies to take advantage of their contracting capability. It's fairly ubiquitous throughout the United States government. What I will say is there's definitely concerns about trying to find ways to reduce the administrative cost of some of these projects. And I think that we uh my role if confirmed will be to ensure that states have enough information possible to understand the programs better and to encourage cost reasonableness. Um fair, reasonable, and justifiable have to be the measurements through which we all contract activity. So, um, if confirmed, my, my focus will be to ensure that our procurement processes and everything that FEMA does to facilitate payments and reimbursements are fair, are within market rates, and are reasonable, so that the American people feel that not only they're getting the best bang for their buck, but that we're also being wise and diligent with taxpayer dollars as good stewards.

Sen. Scott (FL)52:38 – 52:44

So why is the federal government paying seventy-five percent of a lot of this, a lot of this? why what's what's the what's the argument

Cameron Hamilton (Witness)52:44 – 53:48

so much of that is written within the stafford act and other legislative actions that have occurred that stipulate the balance between federal and state investment states then commute some of that investment down to the local level uh this is the unique paradigm that is always uh in fluctuation within various disasters uh the hurricanes that we saw with helena milton there was a hundred percent cost share that the federal government pays for the entirety of the disaster that is a discretion that the president may have at times or a ninety percent cost share in the event that that the devastation is more particularly egregious and cataclysmic, uh, that clearly transcends a state's ability to respond. Now, these are balances that have to be struck, and this is ultimately a decision space, as in law, for the Commander-in-Chief. My job is, if confirmed, will be to represent to him all the objective facts and to ensure that as we liquidate and expense dollars in accordance with his decision, that we do so with reasonableness and that we're wise with those dollars to go further. My focus is to help as many disaster survivors as possible, which means we have to be responsible with how we use those funds.

Sen. Scott (FL)53:49 – 53:55

So if the state and the county, um, have less and less skin in the game, do you think they're gonna watch the money?

Cameron Hamilton (Witness)53:57 – 55:06

I'll be transparent with you, Senator. I think many states and local officials have had incentives to drive up costs. I think this is also a unique challenge within disaster management response. Now, yes, they're entitled to support, we uh as uh as the agency have confirmed we would need to strike a new balance to encourage cost reasonableness and cost savings. Um so yes there are direct incentives for states to escalate costs because they bring home more resources and infrastructure. We have quite a bit of deferred maintenance. This is always an issue with FEMA grants, where states will then request that reimbursements be made to cover other disaster related um you know uh devastation that wasn't directly connected to the one which was requested. It's never an easy battle. My goal will to be, is to be transparent and to partner with states, so that we can ensure that those dollars go further, and that we can ensure that states are also being responsible with us. I think the president very clearly cares to ensure that states have their own skin in the game as well, so that they're paying their portion of it. The Stafford Act and the second paragraph stipulates state responsibilities to respond to disasters, federal responsibility then to come in and support those efforts. thank you

Sen. Paul (KY)55:06 – 55:16

uh senator scott i think you've hit the nail in the head on oversight i think to have true oversight if you had a fifty fifty split and we stuck by it i'm guessing there'd be less uh disasters declared

Sen. Scott (FL)55:18 – 55:40

and why do we give why do you know what uh senator haslam brought up this idea that you know a president could pick and choose you know whether he's a republican or democrat president so and then somebody can wave and get a hundred percent this is crazy i mean we're running two trillion dollar deficits no this i don't get why we have no incentive there's so little incentive for the local government to watch the money

Sen. Paul (KY)55:41 – 55:43

uh senator hassan you wanna say anything since you were referred to

Sen. Hassan (NH)55:43 – 56:00

i i as a former as a as a former governor who has worked closely with my local communities especially one right now which has been devastated for the third time in two or three years by heavy rains um i think they watch their dollars very closely at least in my state thank you

Sen. Scott (FL)56:01 – 56:04

do you do debris he must not do debris pickup like i have to do

Sen. Paul (KY)56:01 – 56:05

he the the same

Sen. Hassan (NH)56:04 – 56:09

i i i i'm happy to work with you on reforming disaster relief but i don't think this is the time or the place

Sen. Paul (KY)56:09 – 56:35

but the the same principle of the fifty fifty split goes to things like medicaid do you think we would be taking care of the poorest and the neediest if the split were fifty fifty or if the federal government pays ninety percent so all these things make a big difference we let the states make these decisions but then the federal government pays picks up the check so you can't have the people determining the cost separated from the people paying or you get a disastrous two trillion dollar deficit

Sen. Hassan (NH)56:35 – 56:40

uh m- mister mister chair just uh there are parameters and rules that states

Sen. Paul (KY)56:36 – 56:37

sure

Sen. Hassan (NH)56:40 – 56:57

have to follow if they're gonna get that ninety percent reimbursement and their oversight uh could be improved if we improve our government processes to be sure uh but i think uh the assumption that our deficit right now is a result of that as opposed to the result of tax cuts to billionaires is pretty rich thank you

Sen. Paul (KY)56:57 – 57:26

yeah i think it uh it's a great discussion and a debate because the thing is is when you don't pay for it there's not a a financial disincentive to add more people so what happened since the federal government pays ninety percent of medicaid now healthier richer people are on medicaid than used to be the people that were added were had higher incomes and were healthier and more able-bodied than we had previously because the states do have to be more judicious when they're paying a higher percentage of what medicaid costs

Sen. Hassan (NH)57:26 – 57:35

uh and i'll just note it's something around sixteen thousand dollars is the limit for a single adult at my to get Medicaid expansion. That's not a high earner. Thank you.

Sen. Paul (KY)57:35 – 57:36

Senator Slotkin.

Sen. Slotkin (MI)57:38 – 1:00:19

Um, thank you for being here. Um, thank you uh to couple of you who I met in my office um yesterday and for taking the time. Um, w- obviously you've heard a lot um uh, Mister Hamilton, about concerns about politicization um and uh, you know, I think the the thing that um you heard from my colleague from Michigan was it's just hard to to rationalize um just the the how many disasters have been approved for aid in republican states versus democratic states and in michigan we're a swing state we're a purple state um and i i i think um particularly the ice storm that we had a year and a half ago um has really felt like we've had to use um an an incredible amount of of influence and power, both Democrats and Republicans working together in our delegation to get um reimbursement. And um I I think, you know, the total damage from that storm was four hundred and forty million dollars. And if we don't, you know, get help, then the average rate payer, you know, because we had electric co-ops go down, is gonna be charged an extra forty five hundred dollars per household. So it is pretty existential for people in my state. Um, I know you're you're someone who's worked in and around FEMA for a long time, um, but it, I just wanna double tap the idea that we c- we can't have stats coming out of your office, when and if you get confirmed, that demonstrate that you get more of a payout if you're in a Republican state and a faster payout if you're in a Republican state. And I, I, that should go without saying, um, and Republicans would be screaming bloody murder if the stats were reversed. and if it was easier to get money if you were a democratic state under a democratic president. Let's please keep disasters apolitical. Um, I I wanna ask, uh, to Mister Duncan. You've had an interesting couple of days up here on the Hill, made some news, gone viral a couple of times, um, and, uh, I just feel like, um, this idea that to get a federal grant, um, you i- i- the rules have been rewritten so that you can reject any organization that represents quote " anti-American values", um and anyone who quote " damages the reputation of the government". So, you're gonna be in an important position of power. You want the big job. You answer the big questions. Um, if a university that was receiving federal dollars, uh for a research grant, into cancer, but they allowed a protest, a peaceful protest of the Iran war, um on their campus, would that be quote " damaging to the reputation of the government"?

Hal Duncan (Witness)1:00:21 – 1:00:27

Senator, I appreciate the question, um, and uh, as you know with two CFR it's signed off by all forty-one agencies,

Sen. Slotkin (MI)1:00:27 – 1:00:28

Right, but in your mind,

Hal Duncan (Witness)1:00:27 – 1:00:28

so they could but

Sen. Slotkin (MI)1:00:28 – 1:00:52

your decision, you're asking to be a decision maker, right? So, I understand there's a chain, I was a federal government employee for a long time, but you're you're asking, you're up here for Senate confirmation, so it's a big job. Is a protest, a first amendment, peaceful protest on a college campus threaten the federal dollars that they are getting for cancer research, under the rules that you will be enforcing, yes or no.

Hal Duncan (Witness)1:00:52 – 1:00:57

Senator, you're asking a hypothetical quote hypothetical question, but I would note that this rule isn't

Sen. Slotkin (MI)1:00:56 – 1:01:14

Well, we have protests, we do. I mean, I have University of Michigan and Michigan State. There are protests from time to time, that's for sure. So it's not hypothetical. This is something that literally in fifteen, twenty days you could be dealing with, is a First Amendment protest on a college campus enough to be, quote, anti-American or threatening the reputation of this administration.

Hal Duncan (Witness)1:01:15 – 1:01:27

In the hypothetical question that you're asking, related to grants for cancer research. This administration is committed to gold standard science, and wants to advance the best cancer research that we possibly can.

Sen. Slotkin (MI)1:01:28 – 1:02:09

OK, so they can have a protest on their campus. If it d- and I would just say slashing cancer research and slashing our science institutions around the country, um, and making us have to be literally one tenth of the medical research that's going on in like places like China and Europe, is not a way to uphold a gold standard for cancer research, and I say that for a woman who's, you know, got cancer in her family. Um, uh, if a domestic violence shelter receives a federal grant, but they also post complaints about this administration's cutting of domestic violence funding, will that put them at risk of being labeled anti-American or threatening the reputation of this administration?

Hal Duncan (Witness)1:02:10 – 1:02:21

Senator, again, you're asking hypothetical questions. the ultimate deciders of these grants will be the political employees at the agencies, I would imagine in this situation it would likely be HHS, um consulting

Sen. Slotkin (MI)1:02:20 – 1:02:24

The political employees? The political appointees, like yourself?

Hal Duncan (Witness)1:02:23 – 1:02:30

The political appointees, OMB does not issue grants, we issue guidance, um uniform guidance on grants,

Sen. Slotkin (MI)1:02:28 – 1:02:29

Right.

Hal Duncan (Witness)1:02:30 – 1:02:33

so I would not make make decisions on a specific grant.

Sen. Slotkin (MI)1:02:33 – 1:02:34

But if someone calls you,

Hal Duncan (Witness)1:02:34 – 1:02:34

It would be the

Sen. Slotkin (MI)1:02:34 – 1:03:15

I mean, uh again, this is like you can't you can't want the big job but then not answer the big questions. I think the idea that first amendment activities, um, would be quote " anti-American" or threatening the reputation of this administration, you understand that you're creating a climate of fear around things that are actually, it's the opposite of anti-American, it's the most American thing in the world, the first amendment. So, uh, I, I think, um, you've raised a lot of concerns in your testimony over the last couple of days, but, um, uh, the idea that the administration would put that kind of language out there to intimidate and scare people out of freedom of speech, is something that is a the most anti-American thing I've seen in a long time. Yield back.

Sen. Paul (KY)1:03:15 – 1:03:16

Senator Ernst.

Sen. Ernst (IA)1:03:17 – 1:04:46

Thank you, Mister Chair, and thanks to all of you for being here today and being willing to step forward and serve. And I I'll focus most of my questions this morning, um, on you, Mister Duncan, if I could please. Uh, you have worked with the OMB. Um, I do a lot of work with the GAO and the OMB on my fraud, waste and abuse within the the federal government work and we do require a a healthy dialogue back and forth between the legislative and executive branches uh if so that we can effectively serve our constituencies back home and the legislative branch conducts oversight and this is one of the most foundational parts of the back and forth between the executive and the legislative branches and the government accountability office conducts different in-depth investigations and a lot of that work is done on behalf of a number of us that will request certain reports, investigations, and they will then make recommendations back to us, uh, based on those reports. So I'm currently working with the GAO on a number of projects and they have reported that uh OMB has been very slow to respond to some of their investigations. And so, Mister Duncan, if you are confirmed to this position, will you work to ensure that OMB responds to investigations and oversight efforts from Congress?

Hal Duncan (Witness)1:04:46 – 1:04:55

Senator, yes, um, absolutely. Uh, and we'll work with our legal counsel on that matter and, uh, offer the same commitment that I offered to the ranking member on that, uh, front as well.

Sen. Ernst (IA)1:04:55 – 1:07:32

Yes, and I I thank you so much for that, and for the rest of the members on the panel as well, because there has been such an issue with fraud within the federal government, we hope that all of you within your respective positions are constantly evaluating your departments, your agencies, to make sure that every taxpayer dollar is actually going to, uh, the very programs or reasons that it was intended. Uh, we have uncovered so much fraud within the federal government. What we have discovered is that every single day our federal government loses one point four billion dollars to fraud. every single day. And even federal government workers, um, I'm gonna highlight two here because it'll kind of lead into my next question. But, uh, w- we've uncovered several of these. It's kind of shocking. I just want to share them, uh, because, uh, we have tens and tens of people watching C-SPAN today. Um, there are many federal workers that will claim to be working for multiple agencies at the same time. And this was enabled by Telework. that went on during the Biden administration and that President Trump finally put an end to. But we had one woman that claimed she was working for TSA, for HUD, for FDA, oh, and God bless her for her service, the Air Force Reserves. And she was working all of those jobs at the same time. And she was turning in a time card for a hundred and twenty hour work weeks. OK, that's just one example. Um, there was another one that was working for, uh, AmeriCorps, HUD, And NIH, again, three full-time jobs all at the same time, um, turning in time cards to the federal government. So please be aware that fraud exists out there and use the tools at your disposal to out these fraudsters. We have a lot of lazy bureaucrats that are out there trying to scam the federal government for all they can. We've got a lot of great workers too. But we need to ferret out the fraud, waste and abuse. So, um, again, Mister Duncan. Last year when congressional democrat shut down the government in October, I sent a letter to OMB director Vogt detailing a number of prime spending cuts that I thought he should pursue. And, mister Duncan, one of those suggestions was to stop giving government bureaucrats bonuses when we are massively in debt and they don't do their jobs. Amazingly, many of them still get bonuses. So, can you

Hal Duncan (Witness)1:07:41 – 1:08:04

Uh, Senator, I appreciate the question, as it relates to the specifics on bonuses, I would have to uh circle up with our management team on that. But the President's management agenda is very clear uh in the sense that it wants we want to uh ensure that the federal workforce is working efficiently and that we're optimizing the use of taxpayer dollars in the workforce workforce so i'm uh happy to continue to work with you on that matter as well.

Sen. Ernst (IA)1:08:04 – 1:08:22

yes and i appreciate it and i do want to say too uh that in your your current previous roles at omb you have been very helpful to me and my team as we are trying to to ferret out that fraud waste and abuse so we really do appreciate that thank you so much mr. chair

Sen. Blumenthal (CT)1:08:22 – 1:08:22

hmm

Sen. Paul (KY)1:08:23 – 1:08:43

so there is the mention of people working two and three jobs in the government reminds me of an assistant director under the epa under obama who was pretty high in the organization but he also said he worked for the cia and he didn't get paid by the cia but he would take six months off at a time and they said where is this guy oh he he is on assignment with the cia

Hal Duncan (Witness)1:08:36 – 1:08:37

yes

Sen. Paul (KY)1:08:43 – 1:08:55

they finally had a shutdown that caught him and they they i think he went to jail and had like eight million dollars in back payments but in a government with this many millions of people you're absolutely right we need to look at it senator blumenthal

Hal Duncan (Witness)1:08:55 – 1:08:55

thank you

Sen. Paul (KY)1:08:57 – 1:08:57

so

Sen. Blumenthal (CT)1:09:02 – 1:10:42

thank you mr. chairman uh thank you all for being here today and your willingness to serve uh mister hamilton uh when you were in uh the position of i think it was acting director uh you wrote a memo advocating that the per capita indicator that is necessary to qualify for receiving disaster relief be raised to seven dollars and fifty-six cents per person that's almost quadrupling the threshold cap which would in effect disqualify a lot of communities including some in connecticut perhaps as might have happened just last august twenty twenty four when we experienced a catastrophic rainfall and flooding in parts of the state a one in one thousand year extreme rainfall event thankfully after a disaster declaration was issued connecticut was able to get the assistance that we needed to rebuild but the kind of policy that you advocated in your memo might well have disqualified kineticit raising that threshold from a dollar and ninety four cents to seven dollars and fifty six cents uh do you still support raising the per capita indicator per person outlined in your april twelfth twenty twenty five memo

Cameron Hamilton (Witness)1:10:43 – 1:11:10

well thank you for the question senator i would say that i you know diligently care for all americans facing disasters and wanna ensure that resources are provided promptly uh that was a memo written last year which was part of a deliberative pre-decisional process it was not intended for any uh immediate action it was part of a a series of conversations that we had had with different elements of the federal executive to look at areas where disaster assistance might be reformed it was not a

Sen. Blumenthal (CT)1:11:09 – 1:11:12

so that is not your position currently

Cameron Hamilton (Witness)1:11:12 – 1:11:15

that is not my position and that is not a position that was

Sen. Blumenthal (CT)1:11:17 – 1:11:32

uh let me ask you about um the uh current staffing of fema uh can you tell me how many people are currently working in fema region one

Cameron Hamilton (Witness)1:11:33 – 1:11:38

uh fema region one well yes that's obviously up in the northeast in your area

Sen. Blumenthal (CT)1:11:38 – 1:11:39

it's our region

Cameron Hamilton (Witness)1:11:39 – 1:11:53

that's correct they have several hundred employees uh they also have uh various personnel that are deployed to fit teams fema integration teams i don't think they have the exact number of employees stationed within the fema fit teams um but i'd be happy to provide this center with a more

Sen. Blumenthal (CT)1:11:52 – 1:12:21

well do you know the precise number i've tried repeatedly to get this question answered from secretary noam in fact on july fourteenth twenty twenty five i sent a letter to her asking a series of questions about staffing levels for fema's region one that serves connecticut i received no response to my letter until february twentieth twenty twenty six and that response did not include the requested information can you give it to me now

Cameron Hamilton (Witness)1:12:21 – 1:12:26

uh i i don't have that right at this moment senator but i would commit to following back up with you to insure that you have that information

Sen. Blumenthal (CT)1:12:26 – 1:12:35

are you aware that that number represents cuts of anywhere from twenty to thirty percent of staff over the last year

Cameron Hamilton (Witness)1:12:36 – 1:12:39

senator i am aware that there have been many cuts and reductions in staff yes sir

Sen. Blumenthal (CT)1:12:39 – 1:12:52

don't those cuts jeopardize the responsiveness of fema to the kinds of disasters that we suffered in august of twenty twenty four and other parts of the country have suffered

Cameron Hamilton (Witness)1:12:53 – 1:13:07

i think certainly fema operates in a unique environment where there are challenges and setbacks that impact our ability to respond. what i can tell you is i have full faith and confidence in the fema workforce i believe they are an exceptional group of public servants

Sen. Blumenthal (CT)1:13:07 – 1:13:34

they are an exceptional group of public servants but there need to be enough of them to be on the ground as they are in a very dedicated and conscientious way. i have walked with them literally from house to house, business to business. i'm very confident in their ability and dedication, but there are simply not enough of them and you will lose more of them unless you are adequately staffed. Do you agree?

Cameron Hamilton (Witness)1:13:35 – 1:13:43

uh i would agree that the female workforce needs to be scalable in such a way to best the needs of the agency in the execution of the program and mission.

Sen. Blumenthal (CT)1:13:43 – 1:13:44

Doesn't it need to be increased?

Cameron Hamilton (Witness)1:13:43 – 1:13:43

Yes.

Sen. Blumenthal (CT)1:13:45 – 1:13:56

In other words, to restore the staff levels essential to their morale as well as their responsiveness.

Cameron Hamilton (Witness)1:13:56 – 1:14:18

Well, I I do wanna praise secretary Mullen, um, with his approval and under his leadership, there's been roughly just shy of three hundred and fifty positions that were made available again to fill critical vacancies and keep program offices and key responsibilities. Um, I believe Secretary Mullen is a man of principle and cares very deeply about ensuring that the workforce is sufficiently staffed commensurate to the responsibilities.

Sen. Blumenthal (CT)1:14:19 – 1:14:37

My time has expired, but I would like staffing levels for Region one and for other regions in the country, as well as what those numbers represent in terms of cuts over the last year, and what plans you have to restore those numbers. Thank you, Mister Chairman.

Cameron Hamilton (Witness)1:14:38 – 1:14:38

Senator Moody.

Sen. Moody (FL)1:14:40 – 1:18:40

Thank you, Mister Chairman, and thank you to all our nominees for being here today and your families that are sending s- s- sitting behind you, standing behind you as you have answered the President's call to serve this country in your respective critical roles. Uh, we very much appreciate it. I am, uh, somewhat surprised to hear my Democratic colleagues now charging in on making sure that FEMA is politically neutral. Of course it should be politically neutral. We should all expect that. As many of you know, I'm the most junior senator on this committee, uh, and for Florida, the state of Florida, which experiences disasters from, um, storms, uh, routinely, back-to-back storms, and a- in the aftermath of some some very, um, devastating storms, I was forced as Attorney General in Florida to bring a lawsuit against President Biden's FEMA administrator and a FEMA supervisor, after it was uncovered that the supervisor had instructed disaster relief uh workers in Florida to, and I quote, " avoid homes advertising Trump." And to be clear, uh these instructions weren't merely sent and forgotten, they were carried out. FEMA personnel canvassed Lake Placid, Florida, and in the aftermath of Hurricane Milton they intentionally skipped homes with Trump signs and flags. Members of the community were reeling after that storm, trying to figure out how they were gonna provide for their family, um safeguard their property. And yet, FEMA employees were instructed to avoid homes that advertised support for the president. Um, this FEMA supervisor who sent that mes- message later claimed that the practice was not isolated to Lake Placid or even to Florida, and that the political discrimination within FEMA was far more widespread. And so I am happy to hear that my democratic colleagues now are saying that politics have no place in disaster response, but I'm disheartened to hear numbers throwing around without examining where those numbers come from. In fact, when I got here to be the United States Senator, having been the Attorney General and uncovering that, litigating against that, pushing back on political discrimination within FEMA, I realized after hearing from so many of my constituents around the state, that there were many claims outstanding that had not been paid from storms, going back into the Biden administration, they were just sitting there. Thankfully, I worked with uh Noam and now Secretary Mullen and we've seen um engagement in in trying to push forward these things so that the folks in Florida, community in Florida can recover from these storms. But when I tell you it has been over a billion dollars, I have had to push to get released on storms that went back into the last administration. So I am grateful that we are seeing such progress. I am grateful that that money is now flowing into Florida. I don't like the fact that I had to become a senator in order to get it done. Um, but proud of my new role and glad to serve the great state of Florida and the people of Florida. But I wanna talk to you, Mister Hamilton, about ensuring that politics does stay out of disaster response. We can all agree that is the case. In fact, I'm proud to say I worked with a colleague across the aisle, Senator Alcibrex, to just pass and get signed into law a track act, which would provide accountability for these claims, uh, and more efficiency, so that people can actually track these. But can you tell, uh, this committee what your plans are to make sure, number one, that we do a thorough review on a politically neutral basis, making sure these are are are claims that are vetted claims that they are real, claims that they are monies that should be paid according to our statutes and our regs, and um approach these in a in an efficient way and comply with the new law as the new Administrator.

Cameron Hamilton (Witness)1:18:41 – 1:19:14

Well, thank you for the question, Senator, and I would tell you that I deeply care about the needs of your constituents and all Americans across this country in getting timely assistance. Uh, they deserve to have a government that is devoid of politics that is able to execute the mission uh first and foremost. What I will state is that some of the tools and technology that FEMA uses is a bit antiquated, that would help facilitate this with better care and would actually provide the customer service that I think is appropriate for every survivor. Right now there's a lot of difficulty with survivors' understanding where they fall in that FEMA circle of death that I talk about with where their claim is and how it's adjudicated.

Sen. Moody (FL)1:19:14 – 1:19:16

As well as cities and counties.

Cameron Hamilton (Witness)1:19:16 – 1:19:16

That's correct.

Sen. Moody (FL)1:19:17 – 1:19:25

And are, are, do you believe that you can use that new law, that TRAC Act, the accountability that's built into that, implement that in a way that will help in this.

Cameron Hamilton (Witness)1:19:26 – 1:19:45

I believe that right now, FEMA is currently taking steps to implement some of those same approaches, and it would be my focus if confirmed to ensure that we remain consistent. Yes, I do believe that additional legislation, as you've mentioned, would be exceedingly helpful in doing that. Um, I have if confirmed, I'm planning to do a significant IT overhaul of the entire agency for better accountability.

Sen. Moody (FL)1:19:45 – 1:19:46

Thank you so much. Thank you, Mr. Chairman.

Sen. Paul (KY)1:19:48 – 1:19:49

Senator Gallego.

Sen. Gallego (AZ)1:19:52 – 1:20:44

Thank you, Miss. Thank you, Mr. Chairman, member, uh, the FEMA, Mister Hamilton, the FEMA review council has recommended raising cost thresholds and creating a new minimum annual standard expenditure requirement before federal disasters do kind of what we talked about already. Specifically what I worry about, cuz this is making it very hard for western states, we are low density western states like Arizona to qualify for a lot of this uh support. This could be very difficult especially when hit disasters hit our rural counties and our tribal lands, or even smaller communities with limited tax bases and the reason we have limited tax bases, because we're surrounded by federal land, so there's not really much of any way for us to actually raise the threshold that we need to meet to get the match. How would you insure that FEMA's declaration criteria does not disadvantage states like Arizona where the damage may be severely severe severe locally, but spread across a large geographic area? We saw this recently with uh the the the towns of Miami and Globe in Arizona.

Cameron Hamilton (Witness)1:20:45 – 1:21:23

Well, Senator, thank you for the question. I think you've indicated a really unique facet of emergency management that has to be looked at and evaluated. what i can tell you is that my objectives if confirmed would be to work with uh both senators members of congress as well as the american public to better understand how to serve the needs of americans facing these high consequence events uh my approach would be to be very deliberative if any reevaluation on thresholds were be discussed and entertained much of those parameters have been going back for decades without evaluation and updating i do believe in a prorated or per capita basis that should also take into consideration rural communities in addition to high population density communities.

Sen. Gallego (AZ)1:21:24 – 1:22:58

But even rural communities, just to be clear, like rural communities east of the Mississippi are entirely different than rural communities west of the Mississippi. East of the Mississippi you have very little federal land, rural communities west of the Mississippi are, you know, my state, for example, is sixty five percent tribal and federal land. If you go up to Utah, Nevada, um, they can get up to ninety percent. So, even when you guys do set FEMA parameters, it's a very east coast bias, or a west, even a west coast bias, but certainly not a western, you know, uh, bias where we have a lot of federal land that's locking up our ability to actually expand our tax base. But, but thank you for at least looking deeper into that, to actually trying to understand that. The FEMA review council's recommendations focus heavily on event-based disasters like hurricane or earthquakes. But our biggest risk in Arizona is wildfire, uh, post-fire flooding, drought, extreme heat, and cascading infrastructure impacts that come from all that. So there's a huge gap between recommendations and what such, often look again for Western states. Do you believe the Stafford Act and FEMA program need to be better account for slow onset and compounding disasters? We just support reforms, uh, that explicitly preserve fire management assistant grants, strengthen post-fire mitigation, and improve eligibility for drought and heat related impacts. So post-fire mitigation for, for you non-Westerners is, if we have a forest fire, that's really, you know, we could take care of the forest fire, we'd have FEMA come and help us out. Then also we have to go and replant reseed before the w- the rain comes, cuz then we could get massive flooding that comes in. sometimes FEMA does not pay for the replanting and reseeding uh of our forests which end up causing even greater disasters a year from now. So that's that's specifically kind of what I'm thinking about when I when I talk about that.

Cameron Hamilton (Witness)1:23:00 – 1:23:43

Uh, Senator, uh, another excellent question, I think you bring up a unique context that many don't fully understand on the West Coast. I grew up on the West Coast, so I very much appreciate what you've ident identified. I've had family who've lost homes from fires and other significant natural disasters out West. It is a unique paradigm. my approach if confirmable to ensure that disaster assistance flow quickly and rapidly, and that the objectives are clear, but also to ensure that our pre-disaster resilience, I I see resilience as an operational arm of what the agency can achieve. And so those pre-disaster grants to actually engage in risk reduction and readiness activities should be uniquely suited to handle the the challenges and and threats facing each state on the on the nuanced issues that they they face.

Sen. Gallego (AZ)1:23:42 – 1:24:41

Right. And the, I mean, those grants matter, but just gotta remember you're dealing on scale of of like you know for example compare me to like connecticut you know i could fit almost twelve connecticut's in arizona i have one county that is bigger than you know new england right so like you have to kind of keep the scope of that in mind and and i guess just to close up from my times like i i just wanna make sure i emphasize the one size fits all approach to disaster response just is not working for the west and this is not a red state versus blue state or anything like that it's a it's a western state you know especially western state that are largely occupied by federal land so we need to make sure that there's a system that takes account kind of the difference uh differences of our states, the characteristics, uh we to take in account that means and then provides really transparent timely feedback about how we could both comply uh for the grants as well as to be able bring down some of the the the FEMA uh well the FEMA matches, uh specifically dealing with the fact that we do not have the tax base that you're gonna see in most parts of of any other uh you know any part of this country. Thank you and I go back.

Sen. Paul (KY)1:24:44 – 1:24:44

Senator Hawley.

Sen. Hawley (MO)1:24:45 – 1:27:18

Thank you very much, Mr. Chairman. Congratulations to the nominees, and thank you for being here. Mister Hamilton, I wanna show you a picture if I could, just to get started here. It's over my shoulder. This is St. Louis. This is a neighborhood in St. Louis, Missouri, last May. This is following a series of massive tornadoes in the St. Louis region. We also had quite a few tornadoes in southeast Missouri. As you can see, the devastation is absolutely unbelievable. I walked these streets myself. You've got buildings completely destroyed, homes absolutely razed to the ground, churches whose roofs were lifted off, whose sanctuaries were completely destroyed, streets that were ripped up. And the problem is, is that many of these neighborhoods don't look a lot different now, because in some cases they're still waiting for relief. Now, FEMA, I'm glad to say, uh, that the president approved, uh, Missouri's, uh, disaster relief for FEMA and it did go out the door, which is terrific, but we had to wait a long time for it. And the reason for that was FEMA at the time was very slow in getting on the ground, in doing their damage assessments, and then making the recommendations to the White House that under the statute are the necessary prerequisite for unlocking that aid. And I wish I could say that this was a one-off, but it's not, in my experience. In my experience in the state of Missouri, when we have a natural disaster, FEMA is slow, FEMA is often ill-informed, FEMA does not interface well with residents. I remember one incident when we had severe flooding, excuse me, flooding in the state a few years ago. where FEMA not only took forever to get on the ground and get a disaster declaration ready to go for the president, but also when it came to awarding individual aid, which was needed in these tornadoes too, by the way, when it came to awarding individual aid, FEMA awarded individual aid to some farmers whose houses had been completely destroyed, and then later tried to claw it back. W- I I kid you not, went to the farmer and said, you know, actually, we know that you applied and we approved it and we gave it to you several months ago, but we changed our minds and we want it all back. I mean, you can't make this stuff up. It is absolutely ridiculous. So, here's my question to you. I I think what your agency does is hugely important. We know it is in the state of Missouri. And by the way, we just had a bunch more tornadoes just a few weeks ago, for which we need aid and relief. My question is, will you come in and take the reins of this agency and make it actually work? For the people of my state and every state who, when they're facing these disasters, they need quick relief, they need quick responses. Our citizens need to know what's available to them, how to apply, how to get the relief they need. Will you take the reins on this agency and start making it work?

Cameron Hamilton (Witness)1:27:19 – 1:27:23

Yes, Senator, it would my privilege and honor to serve the American people and to do just that.

Sen. Hawley (MO)1:27:23 – 1:27:58

Good. I think it's absolutely vital and I I can't emphasize enough to you how important it is in my state. I just wanna ask you before I move on. I wrote to the president along with every other member of the Missouri delegation just a week and a half ago supporting my governor's request for disaster relief for those April tornadoes that I mentioned. Uh, this is in process now, I believe, with the agency. Will you work to to expedite this, to cut red tape, to to get these disaster declarations when they're requested, to get them approved, to move them on up the chain, so that this relief that is statutorily available can flow to neighborhoods like this who need it desperately?

Cameron Hamilton (Witness)1:27:58 – 1:28:19

Absolutely, Senator. I think the disaster declaration process and also the the federal mentorship that goes into it needs to be improved. I believe states need to receive better customer service. Um, I have full faith and confidence in the female workforce, but we can do better. And there's a significant amount of areas where that process should be simplified, better understood, and we owe you answers, I think, much faster.

Sen. Hawley (MO)1:28:19 – 1:29:58

Good, that's music to my ears. That's music to my ears, and I know it will be to the citizens of Missouri. Uh, we we do need we need better service. We need it faster. We need clearer direction. And, uh, folks need to get be able to apply for their individual assistance, understand what they're getting and when they're gonna get it. So, I'm counting on you to make changes in all of those areas. Mister Cummins, it's great to see you. Uh, thank you for being willing to do this job. I I just wanna give you a chance to to respond to something that the Biden administration was doing that, uh, at the time, a year and a half ago now, two years ago, that at the time I thought was so ridiculous. I actually wrote to the administrator at the time of of TSA about this. The Biden administration was allowing, uh, i- illegal aliens who did not have ID to use, uh, warrants for their arrest, uh, to use actual civil immigration arrest warrants as a valid form of identification to get on commercial flights. Let me just say that again. They were allowing illegal aliens to use immigration arrest warrants as a form of ID to get on commercial flights. Meanwhile, your everyday law abiding citizens, who maybe don't come from a state that had Real ID or what have you, they're having to wait in absurdly long lines. They're having to go through all kinds of process which, your administration, assuming this Congress confirms you, uh, th- your administration was having to process, you know, your agents are having to do all of this extra screening because somebody doesn't have a real ID tag. But if you're an illegal immigrant and you have an arrest warrant, right up to the front of the line. I mean, that's just absurd. Wouldn't you agree, number one? And number two, tell me about how you intend to, to make this agency work better for the American people.

David Cummins (Witness)1:29:59 – 1:30:24

Thank you for the question, Mister Senator, and I, and I do agree, and I thank you and your office and the chairman's office for investigating the weaponization that was going on in tsa for investigating uh these uh fraudulent id id uh verification that was happening and that is definitely going to stop and has already stopped under this administration and we can continue to work with you all in the oversight of our agency

Sen. Hawley (MO)1:30:24 – 1:30:26

very good thank you mr. chairman

Sen. Paul (KY)1:30:27 – 1:30:28

senator kim

Sen. Kim (NJ)1:30:29 – 1:31:07

thank you chairman uh mr. hamilton i mean i think you're hearing from a lot of my colleagues just the importance of that plays and the concerns that we have when it comes to disaster response. As you mentioned, we have the FEMA Review Council uh moving forward on some recommendations saying full well that FEMA should exist, that it's important that it exists, but that there are real reforms that could happen. Uh I wanted to ask if you can commit to this committee that you will work with Congress, work with us, even for some of the things that don't necessarily require legislative fixes, but that we can make sure we're doing this together, and to be able to make sure that it is in line with congressional intent.

Cameron Hamilton (Witness)1:31:08 – 1:31:38

uh thank you senator it would be my honor to um if confirmed i plan to release a thirty day report on my analysis and recommendations for the future areas where FEMA can reform as well as uh also to take insight from both senators and members of congress on potential avenues for collaboration and for their partnership and then in addition to that i plan to have regular meetings and intervals with meeting with members and senators to insure that they have their answers questioned, excuse me, their questions answered, uh, on a timely basis.

Sen. Kim (NJ)1:31:39 – 1:32:57

We've dealt with a lot of issues over the course of the time that I've been in the Senate so far, but I will say I I really do believe that even in this time of a great political divisiveness, that the issues about disaster response and about FEMA remain one of the ones that I feel most hopeful that we can find some bipartisanship here. We've had a number of good conversations amongst the senators in a bipartisan way, uh, it remains top of so many people's agendas. So I I just share that with you because I get it, there are a lot of problems that are out there, but when I think about what is it that government can do that no one else can do, or that its priority should be, I can think of nothing really more important than being there for Americans on their hardest days. Uh, and when I hear from these families, w- those that survived Superstorm Sandy and and other problems that we've encountered in New Jersey and around this country, Uh I I think that this is just so important that we get right, and we can't wait for some future Congress or some future administration to be able to take action on this given the dynamics, so I I just urge you on that front. When it comes to different programs on this, I wanted to raise the non-profit security grant program in particular, and ask you, do you feel like that is resource to the level that is needed or do you think that there's additional funds that are needed for us to respond across this country?

Cameron Hamilton (Witness)1:32:59 – 1:33:28

Yeah, thank you for the question, Senator. So the non-profit security grant program that you're specifically referring to, supports uh churches, non-profits, faith-based institutions. I think that it has some challenges with the execution. It also has some real opportunities and it's significantly blessed certain communities with the ability to harden their own resilience. Um, I think all of that needs to be taken a look at, and that would be an apportionment of that thirty day report that I would hope to release to you and to all members about recommendations for the future. I think additional funding, what we found is that there's a

Sen. Kim (NJ)1:33:41 – 1:33:51

Right now it's about uh funded last year, this past fiscal year around three hundred million. Do you think it'd be wise for us to take that up? Five hundred million, seven hundred million. Do you have a a thought where we should land?

Cameron Hamilton (Witness)1:33:52 – 1:34:17

Uh well, but before I give you a dollar amount, my hope would be to survey and query all the different affected parties to have a better understanding of the metrics and data as far as how far that can go. Uh, then that will be a deliberative process where you, sir, would play a role in that, in the needs of your constituents, whereby the president would develop his budget, senate and the house would develop their budgets, and then we would come to an agreement for execution. So before I give you a number

Sen. Kim (NJ)1:34:16 – 1:35:32

I just, uh, look, I, I, I just wanna say, uh, I'll work with you on this, but I, I just wanna convey to you the urgency with which I hear from my constituents. I mean, uh, and it's not just mine, I mean, we see the rise of anti-semitism, surging across this country. You know, I visited a a temple that also has a school tattoo. I mean, they are so worried about what's gonna happen. And and and it's and it's not just our our Jewish community, it's just more broadly that we're seeing so much fear right now. And so I just wanted to convey that to you, cuz I heard it directly from my constituents. And the concerns that they have, honestly, it's persistent. And and that's something I think we have to think through when it comes to non-profit security grant program. It's not like just that these are needs that they will have once every five years or seven years to be upgrade cameras. Eh, this is now the highest line item on the budget, uh, uh, of so many of these institutions. Uh, whether it's anti-semitism, Islamophobia, or other things that are out there that that people are worried about. Uh, I think that just the sheer amount that our nation spends when it comes to national security abroad, and I worked counterterrorism work before, uh where is the the urgency that we put behind it here at home to try to make sure that people are are safe so i just is that something you promise you'll work with me on

Cameron Hamilton (Witness)1:35:33 – 1:35:52

absolutely senator i i had a conversation with senator schlagen yesterday about her community specifically on this topic about finding avenues that we could approach to ensure that uh these faith-based institutions that are eligible grant recipients that they can use those resources um in the most effective way possible so as to stretch dollars even further so yes

Sen. Kim (NJ)1:35:51 – 1:35:53

but also on that persistent need right

Cameron Hamilton (Witness)1:35:53 – 1:35:54

That's correct.

Sen. Kim (NJ)1:35:54 – 1:35:55

OK. With that, uh, you're back.

Sen. Paul (KY)1:35:57 – 1:39:29

Mister Cummins, I uh have never won the lottery, but I seem to defy the odds with getting random searches. Sometimes I get them both coming and going, coming from Tennessee, going back home, it's it's amazing, it's incredible how I defy the odds. They assure me that it's nothing personal, that it's random. And my concern is not for me, but it's really for everyone. If you wanna do random searches in your kitchen terrace, by all means, let's do it. But you should give us some statistics. I've met with the acting director several times, I've been asking for statistics. So you go through the magnetometer. Doesn't go off cuz you don't have any metal. But you've been selected. You know, with a cheerful smile, you've been selected. You get to go to the AIT machine. So you go through the AIT machine and do you know what percentage of people are selected to be patted down? Up until a month ago, fifty percent of the people going through the machine were patted down. You might as well flip a coin. it's a completely worthless test if fifty percent of the people are being selected. And so when you get selected you get patted down. So here's my question. You go through the magnetometer, you have no metal, you go through the AIT, it selects you. How many people that got picked for the random searches actually have something of danger, something that we really, oh my goodness, the random selection was really good cuz we found they had a plastic gun, or they had a plastic knife, or they had plastic explosives. so i've asked them that and they say they don't have the statistics they they don't know and if see if you're gonna because now we have a increased risk we are increasing the random searches they're just every other person going through you see the bug going up you've been selected and then you go through a machine that fifty percent of the people are being selected the machine the worldly good machine the ait is i think a worthless machine now they fixed the the algorithm recently now it's a third i don't know why they didn't fix it before they finally went from fifty percent to thirty some odd percent But, and then, but here's what the TSA responds. They say, well, oh, well, we felt some, uh, there wasn't anything there, but it was a fold in your clothing. Well, that's a false positive. Oh, no, no, no. There was something there. So they count everything detected as a real thing. No, a real thing is when you find a real thing. Most of these pat-downs are for a fold in your clothes or piece of paper in your pocket. Those are false positives. But we have to study these things. And so they've indicated maybe they will, but I, I've gotten nowhere. I've gotten no studies. i still wanna know and this maybe a classified uh uh number. but i don't think it's a big number i think it's probably less than ten. how many plastic guns how many plastic explosives were found last year. from that. we could also ask where were they found were they found going through the machine with the luggage or were they found on the person. really you should ask the question and you should have some kind of. ability to collect data so you find out how many are collected randomly. i think the number is zero. i really think for the millions of people selected i don't think you've ever found a a knife or a weapon on the because it would be found in that magnetometer if it's metal the only thing you would find is you select someone randomly out of a needle out of a stack and then you find that they have something plastic so i don't know if you know anything about this subject uh but i would appreciate somebody looking into it because you know the almost everybody goes to the ait gets patted down fifty percent were being patted down which means it's not a very good test but it's also just harassing the traveler and these aren't the people that you're worried about. i would spend more time studying the manifest to see who's traveling and what kind of characteristics they might have to be a threat to the country uh do you know anything about the random selection program

David Cummins (Witness)1:39:30 – 1:39:55

thank you for the question mister chairman um you know i know as someone with a background in transportation twenty five years and in technology it's one of the reasons i was nominated was my both with hardware and software um implementations in transportation and what you're describing is is concerning uh that it that you in particular called out so many times randomly but it doesn't seem

Sen. Paul (KY)1:39:54 – 1:39:58

it really isn't about me it isn't about me but i'm an example of a frequent traveler

David Cummins (Witness)1:39:57 – 1:40:22

understood and so what i would say is that every instance um that someone uh is um patted down is is an inefficiency if they are not a security threat Correct? And so the new technology that is uh going to be implemented hopefully will have much less false positives um much greater in uh fidelity than what exists today.

Sen. Paul (KY)1:40:22 – 1:40:23

But we have to study it.

David Cummins (Witness)1:40:22 – 1:40:23

But in the meantime

Sen. Paul (KY)1:40:23 – 1:40:29

We have to study it and find out. I mean fifty percent of people being patted down is an unacceptable number.

David Cummins (Witness)1:40:25 – 1:40:25

Yeah.

Sen. Paul (KY)1:40:29 – 1:40:39

One, that means everybody, because the general screening, everybody's going through the AIT. And if it finds something, when it's it finds a little yellow box and it puts it on your body, you get a pat down.

David Cummins (Witness)1:40:40 – 1:40:41

Why why commit?

Sen. Paul (KY)1:40:40 – 1:41:46

Talk about slowing traffic and what a waste of effort if you're not finding anything. So really you should say, OK, fifty percent of people got patted down and they're not going through a magnetometer, so now how many times did you find a gun or a knife? I think it's close to zero. And that's good that it's a very small number. I think actually most of those are found with luggage going through. You know, they're accidents or people who uh made a mistake, you know. Um, but, you know, will you help us, will you study the question, will you get back with us? the classified numbers i asked for just a couple of weeks ago but that should take a day and they should send them back to me i wanna know um because i think it's gonna be very very small number they indicated it probably is a small number but we shouldn't be patting down fifty percent of the people went through general screening that's probably a bigger problem than the random selection but randomly selecting people out of the uh the only thing that's made travel ok for business travelers was pre-check before pre-check it was a misery pre-check was the best thing they ever did and it allowed people travel all the time who are not risk to go through quicker but if all the people going through the general are being being patty down it's just not it's not efficient did you have anything to add to that

David Cummins (Witness)1:41:46 – 1:41:54

well i i will will commit to today to uh look into this uh if confirmed and um communicate it back to you personally

Sen. Paul (KY)1:41:55 – 1:42:08

yeah we're gonna go to the next panel but i'll ask senator peters two three minutes one question do you have anything else on this panel not five two to three

David Cummins (Witness)1:42:07 – 1:42:07

not five

Sen. Paul (KY)1:42:13 – 1:42:16

uh thank you panel and we have a concluding remarks here

David Cummins (Witness)1:42:15 – 1:42:17

there's a pause here

Sen. Paul (KY)1:42:17 – 1:42:51

ok um with that this concludes our first panel i'd like to thank our witnesses for participating in today's hearing we will now transition to our second panel i invite the next panel of witnesses to please come forward and take their seats we will proceed immediately hundred and sixty ok so now we're going to sell we're selling it to ferry so do i do i have a new one now ferry how do you plan for this new one do you know this is the old one yep i'm coming oh my it's getting hot in here

Sen. Ernst (IA)1:42:50 – 1:42:52

oh man this is gonna be hard

Unknown1:43:07 – 1:44:05

green onion so i will try to get the best one cause i have a friend yeah event and then like a theme for the whole event and then like a theme for and then you can

Sen. Paul (KY)1:45:37 – 1:46:27

we're gonna go ahead and get started we will now resume consideration of the remaining witnesses bradford wilson to be the archivist for the national archives and records administration don berthium to be the inspector general for the department of justice jeffrey brodsky to be the governor of the us postal service william gallo to be a governor of the us postal service james woodruff the second to be chairman of the merit systems protection board and charlton allen to be the general counsel for the federal labor relations board the witnesses' statements have been submitted for the record and i ask unanimous consent to submit letters of support received for the nominees it is the practice of the committee to swear in the witnesses' Will the nominees please stand and raise your right hand. Do you swear that the testimony you will give before this committee will be the truth, the whole truth, and nothing but the truth, so help you God.

Sen. Scott (FL)1:46:27 – 1:46:28

I hear you, I hear you.

Sen. Paul (KY)1:46:29 – 1:46:52

It's a standard practice of this committee for the chairman to ask the nominees the following question, and we'll do it individually. 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? Mister Wilson. mister yes sir berthium berthium there we go easy mister brodsky

Sen. Scott (FL)1:46:51 – 1:46:52

yes

Sen. Paul (KY)1:46:52 – 1:46:53

mister gallo

Sen. Scott (FL)1:46:53 – 1:46:54

yes

Sen. Paul (KY)1:46:54 – 1:46:55

mister woodruff

Sen. Scott (FL)1:46:55 – 1:46:55

yes sir

Sen. Paul (KY)1:46:55 – 1:46:56

mister allen

Sen. Scott (FL)1:46:56 – 1:46:57

yes sir

Sen. Paul (KY)1:46:58 – 1:47:03

we will now proceed to uh five minute questions and we will start with senator johnson

Sen. Johnson (WI)1:47:03 – 1:47:05

hey mr. chairman uh mr. berthium

Sen. Scott (FL)1:47:06 – 1:47:06

senator johnson

Sen. Johnson (WI)1:47:06 – 1:47:52

i appreciate the the coaching there i think you're probably aware that senator grass and i have been investigating the uh the whole Crossfire hurricane investigation. Uh, and we have uh been trying to obtain the written transcripts uh from the report titled " Review of the four or five applications and other aspects of the FBI Crossfire Hurricane Investigation." Now it's our understanding there are over about a hundred and seventy transcripts uh we we got zero from the Biden administration uh we wrote uh Attorney General Bondi and uh FBI Director. to obtain those, now we've retained, we've obtained nineteen. Uh. Do you have any idea why, why we have the hang-up, why we don't have all of them, and and will you commit to making sure that we do get all of those?

Don Berthiaume (Witness)1:47:53 – 1:48:25

Sure, as an initial matter, Senator, I am committed to getting all those transcripts to you, uh, and Senator Grassley. Uh, one of the struggles, uh, that we've been dealing with is there's multiple agencies that have to review those transcripts before we can release them. OIG does not have the ability to declassify transcripts. um, or identify other people's equities. And so we have to rely on other agencies to review the transcripts and identify any equities that they may have. And that's been something that we've been working on overcoming, uh, over the last several weeks, uh, developing a process to get those to you more quickly and more efficiently.

Sen. Johnson (WI)1:48:25 – 1:49:02

So we will, and we do a pretty good job of, of working for accommodations, that type of thing. But we really wanna prioritize. Uh, so, you know, the priorities for us are the. transcripts of james comey, james baker, andrew mckay, peter struck, joseph pientka. uh so again if confirmed i'd like you to work very closely with my staff to prioritize those, get those, go through that inter agency process of uh you know reviewing their equities but you know bottom line we're congress we have rights to this information unredacted and we really will expect that you uh do provide those to us.

Don Berthiaume (Witness)1:49:03 – 1:49:15

no absolutely senator we are uh it's certainly a priority already we're aware of we're working closely with your staff and uh we're exerting the amount of pressure that we can in our position to help those folks uh move them along more efficiently for you all

Sen. Johnson (WI)1:49:15 – 1:49:17

ok well i appreciate that no further questions

Sen. Paul (KY)1:49:18 – 1:49:19

senator peters

Sen. Peters (MI)1:49:20 – 1:49:30

thank you mr. president uh mr. chairman uh this is uh for mister uh Galeo and Brodsky uh to both of uh you um

Sen. Paul (KY)1:49:30 – 1:49:30

see you later

Sen. Peters (MI)1:49:32 – 1:49:45

do uh do you support we'll start with mister brodsky first uh do you support privatizing the mail and package delivery operations of the postal service is just a yes or no answer i i uh put it closer to your mouth please

Jeffrey Brodsky (Witness)1:49:46 – 1:49:52

yeah i i don't really have a view on whether or not privatizing it would make any sense or not i'd be happy to to listen to

Sen. Peters (MI)1:49:52 – 1:49:53

you have no view of that at this point

Jeffrey Brodsky (Witness)1:49:53 – 1:49:59

i have no i know i i have heard people talk about it but i i really have not reviewed that as a possibility

Sen. Peters (MI)1:49:58 – 1:50:07

ok so it is been a major issue uh for a long time but you uh even though or being nominated for this, you've not thought about it. Yes, sir. OK, Mister uh, Gelow.

William Gallo (Witness)1:50:09 – 1:50:12

I am not for privatizing the post office. I think it's fixable.

Sen. Peters (MI)1:50:13 – 1:50:15

Right, so you're opposed to privatizing.

William Gallo (Witness)1:50:16 – 1:50:17

Would you say so?

Sen. Peters (MI)1:50:17 – 1:50:18

Did you say you're opposed to privatizing?

William Gallo (Witness)1:50:18 – 1:50:22

No, I would not privatize the post office.

Sen. Peters (MI)1:50:22 – 1:50:23

You would not.

William Gallo (Witness)1:50:24 – 1:50:24

No.

Sen. Peters (MI)1:50:25 – 1:51:00

OK, that just wanna be clear, so you're, that's a, that's a no for you. Uh, Mr. Ratzky, um, you know i represent a very diverse uh state including many very rural communities and the the postal service is a lifeline uh for those communities without question vital goods prescriptions all the things that that happen and most folks believe that privatizing basically mean we're gonna do we'll have it very difficult for our rural communities to get the kind of service they're they're getting right now so do you think those consequences are unacceptable that a rural folks are hurt as a result of privatization that you would think that that is probably is a strong argument against privatizing

Jeffrey Brodsky (Witness)1:51:00 – 1:51:19

yeah i would uh look there's other reasons why privatizing may be difficult too i mean just look at the financial condition of the postal service uh with all the unfunded uh retiree benefits you know it's a huge amount of money you'd have to pay somebody to take it and i i don't think that's necessarily practical and i think you also lose control

Sen. Peters (MI)1:51:19 – 1:51:20

ok

Jeffrey Brodsky (Witness)1:51:19 – 1:51:29

over over this organization somebody who's running it as a private enterprise would look to cut unprofitable routes and clearly we have to

Sen. Peters (MI)1:51:29 – 1:51:30

that would be rural routes

Jeffrey Brodsky (Witness)1:51:30 – 1:51:49

we don't we don't we have to we have to as um as uh vice chairman talb said at the postal regulatory commission this past uh couple of weeks ago june fourth that we have to get together and talk about what the universal service obligation is and what it should be

Sen. Peters (MI)1:51:49 – 1:52:08

ok good i appreciate that i appreciate that line question to both of you two do you believe that the postal service will start with you mister gale we'll go for you to start Back and forth here. Does the Postal Service have the authority to refuse uh to uh uh mail absentee ballots that are sent to voters by election officials?

William Gallo (Witness)1:52:08 – 1:52:08

No.

Sen. Peters (MI)1:52:09 – 1:52:09

No.

Jeffrey Brodsky (Witness)1:52:10 – 1:52:10

I I agree, no.

Sen. Peters (MI)1:52:11 – 1:52:11

Pardon me?

Jeffrey Brodsky (Witness)1:52:12 – 1:52:12

No.

Sen. Peters (MI)1:52:13 – 1:52:50

No. OK, good. Mr. uh Woodruff. Congress uh established the uh Merit Systems Protection Board as part of the uh same nineteen seventy eight law to insure that the president and uh political leaders in the executive branch cannot fire uh or punish federal employees for political arbitrary or personal reasons uh in your view is it the job of the merit systems protection board to determine when the executive branch needs to actually follow civil service laws passed by congress and when it can just ignore them

James J. Woodruff II (Witness)1:52:52 – 1:53:16

it is up to the board to protect those protections that have been brought and that's what we look at when we're deciding these cases and having them brought before us is what did congress give us as far as authority goes and within that small jurisdiction whether or not uh we have the authority to act and that's really how confined we keep it it doesn't go outside of that

Sen. Peters (MI)1:53:15 – 1:53:20

but if it's in the law you you don't have the ability to make a decision whether or not it's constitutional

James J. Woodruff II (Witness)1:53:20 – 1:53:21

That's correct.

Sen. Peters (MI)1:53:21 – 1:53:44

Because I, you know, it it certainly I agree with you that's the duty of the the board uh to enforce civil service laws as passed uh by Congress. But I'm troubled by the procedural ruling in March of twenty-six where uh it actually uh the board made the decision that they can determine what law is constitutional or not you'd agree that the board does not have that authority under our US Constitution that they get to determine what's constitutional, what's not.

James J. Woodruff II (Witness)1:53:43 – 1:53:47

And Senator Peters, which specific case are you referencing?

Sen. Peters (MI)1:53:47 – 1:53:52

Uh it is uh Jack Clare versus uh, Jarek V. DOJ.

James J. Woodruff II (Witness)1:53:53 – 1:53:58

Yeah, as far as that case goes, it's ongoing pending litigation with the federal circuit, and therefore I can't really comment on that.

Sen. Peters (MI)1:54:00 – 1:54:22

Professor Wilson, uh, at the uh, uh, at the end of his first term in office, President Trump unlawfully took uh presidential records, including classified uh information, to his uh private residence. How will you work to ensure that such violation of the presidential records act, which it's a very clear violation, does not occur at the end of his second term, if confirmed.

Bradford Wilson (Witness)1:54:24 – 1:54:36

Thank you for that question, Senator. I'm a rule of a law man, and I intend to follow the law, including on the subject of the disposition of federal records, sir.

Sen. Peters (MI)1:54:38 – 1:54:39

Thank you.

Sen. Paul (KY)1:54:41 – 1:55:03

I see in attendance more kids than I've ever seen for a nomination hearing. responsible for them. So, all right, if if I see some fingers pointing to Professor Wilson, we have some time. So I'm gonna let Professor Wilson uh you, if you remember everybody's name, you can introduce them all, or you could introduce the if it's more than one family who's here to support you.

Bradford Wilson (Witness)1:55:05 – 1:55:21

Thank you, uh, Senator Paul, and I wanna thank you, uh, for being willing to meet with me, uh, before this. Uh, yes, I have my three children with me, Nathan, uh, Lauren, and Julia. and they've got all of their children with them so i won't name them all but

Sen. Paul (KY)1:55:21 – 1:55:23

how many how many grandkids do you have here

Bradford Wilson (Witness)1:55:23 – 1:55:30

so let's see four for nathan five for lauren and two and one on the way for julia

James J. Woodruff II (Witness)1:55:30 – 1:55:30

alright

Sen. Paul (KY)1:55:30 – 1:55:42

awesome thank you for helping to populate the earth that is good and since we did it for one nominee is there any other nominee you have family here they'd like to introduce uh we'll just go down the row if anybody has a wife family

Don Berthiaume (Witness)1:55:42 – 1:55:44

uh none for me sir thank you

Sen. Paul (KY)1:55:43 – 1:55:46

ok mmm

James J. Woodruff II (Witness)1:55:49 – 1:56:05

doctor paul i would like to thank my family who is watching they're gonna be here today my stephanie and my three sons i'm also helping populate the earth james william and jack they're very busy and they keep us all going all the time so

Sen. Paul (KY)1:56:01 – 1:56:06

wonderful right

Charlton Allen (Witness)1:56:07 – 1:56:13

thank you doctor paul my wife beth and my daughter camille will be here today we're not doing as well as we

Sen. Paul (KY)1:56:15 – 1:56:19

You're trying. That's good. Uh, but, uh, thank you, uh, Senator Hawley.

Sen. Hawley (MO)1:56:20 – 1:58:23

Uh, thank you very much, uh, Mister Chairman, and congratulations to the nominees. Thanks for being here. I want to start by talking a little bit about the Postal Service. Um, but let me start with a concern, a long-standing concern that my constituents and I have and it's been expressed time and time again. Large parts of Missouri are serviced only by the Postal Service. You know, private, uh, come to many rural parts of my state. Sixty-eight percent of my state is rural. Sixty-eight percent of it is serviced by the Postal Service, in many cases the Postal Service alone. And, it is absolutely vital to me that the Postal Service remain, continue its commitment to servicing all parts of the nation, including rural areas, let it not be disadvantaged vis-a-vis urban areas. Let me show you a p- a poster here. This is the plan put forward by the last Postmaster General supposedly a, a uh reform plan, the Regional Transportation Optimization Plan. I get very nervous by the way any time bureaucrats start talking about optimization. That usually means cutting out people who can least afford it. In this case, if you look at the yellow areas, the yellow areas would receive regular service and delivery. The blue areas would see their own delivery services reduced. In fact, by the Postal Service's own estimate, the number of first class uh, pieces of mail that would be available and would would r- flow on a regular basis to these blue areas uh would be reduced quite significantly. The problem is, as you can see, if you look at my state of Missouri there, it's almost all blue. It's almost all blue, which is one of the reasons why the Missouri Farm Bureau, among many other organizations that represent rural Missouri, oppose this plan. So, let, let me just start by asking those of you who are nominated uh, to uh, the Postal Service, to the, to the, to the governing board. Will you support the continuing mandated mission of the Postal Service to serve the entire country, including the mandate to deliver the mail to rural America, rural Missouri included? Will you protect that and make sure that that's a top priority? Go ahead. We can start with you, Mr. Brodsky.

Jeffrey Brodsky (Witness)1:58:23 – 1:58:48

Yes, uh, Senator Hawley, absolutely. I I think that, again, as as Postmaster General Steiner said, we have to, um, he he's he's rolled out these systems, but they need to figure out how to operate it properly. But I can tell you that if confirmed, I view very strongly that all of the rural areas should be served properly, and I will uh, uh request that management focus on making that happen.

Sen. Hawley (MO)1:58:48 – 1:58:49

Good.

Jeffrey Brodsky (Witness)1:58:49 – 1:58:58

I understand that, that service levels have declined as they've rolled out DFA and I think we have to figure out why, and what it's gonna, what they're gonna do to fix it.

Sen. Hawley (MO)1:58:58 – 1:59:01

Good. Scale. Go.

William Gallo (Witness)1:59:01 – 1:59:06

I totally agree that the rural area should be served out of doubt.

Sen. Hawley (MO)1:59:07 – 2:00:20

Good, good. That's absolutely vitally important to me. And, uh, I can tell you, I think it's it's vital for all of us who represent states that have rural areas. Uh, can I just ask you, since I've got you both here, just another question in this in this vein about the expenditures of the US Postal Service. I mean, everybody knows the Postal Service lost about twenty-five billion over the last three fiscal years, despite a internal reports that it would only run a seventeen billion dollar deficit. Uh, the current management of the Postal Service projects a loss of I think eight billion for fiscal year twenty twenty six. This has become quite routine. Here's what I wanna ask you about. Over the last three years that the last Postmaster General was in office, Mister DeJoy, the Board of Governors approved five hundred and sixty-seven thousand dollars in bonuses for him. Why is that? I mean, wh- wh- why is it that when the Postal Service as a corporation, as an entity, is missing its internal projections, when my constituents are being asked to accept deliveries that are slow, that are not on time, uh, there's no accountability, when I've got rural Postmasters who are fearing for their jobs, but yet the Postmaster General is, is, is getting bonuses? Why is that? I mean, do, d- tell me what you think about that.

Jeffrey Brodsky (Witness)2:00:20 – 2:00:46

I can't tell you why the board previously approved those kinds of bonuses, but I can tell you that under my view, um, management's gonna be held accountable, we have to come up with a new plan, a long-term plan. I know that, uh, uh, Postmaster Steiner indicated he was gonna, he's prepared to do that, and I think that they're probably working on it right now. And I think that they need to be goal set, and in the event they don't hit their goals, they're not gonna get those bonuses, at least I won't support them.

Sen. Hawley (MO)2:00:46 – 2:00:52

OK, good. So you're saying that you would not support additional compensation of bonuses if the Postal Service continues to run these deficits,

Jeffrey Brodsky (Witness)2:00:50 – 2:00:50

No.

Sen. Hawley (MO)2:00:52 – 2:01:37

And and in my state and rural, here here's, let me just put a finer point on this. So long as my state continues to suffer the kind of incredible backlogs that it is suffering, and I've mentioned rural Missouri, but it's our cities too. It's Kansas City, it's St. Louis on the east and west parts of the state, and then it's all of rural Missouri. I mean, they are suffering massive delays. Three, four, five, six days, in rural Missouri sometimes it's weeks. It's outrageous. It's been going on for years now. And frankly, I think it's indefensible that we're paying out these bonuses when my constituents who are paying their taxes faithfully and they're paying their postal service, the stamps and everything else, all the rates, they can't get the mail. So I guess my question to you is, will you cease to vote for bonuses for management until the mail gets delivered on time to the state of Missouri and everywhere else?

Jeffrey Brodsky (Witness)2:01:37 – 2:01:37

Yeah,

Sen. Hawley (MO)2:01:37 – 2:01:37

Mister Brodsky.

Jeffrey Brodsky (Witness)2:01:37 – 2:01:58

I would support, um, putting in place metrics that management must perform to. And I would not, uh, support paying bonuses at those levels. They might be a much lower level, that's acceptable, but I don't know if it's zero. I think it's th- it's something we have to look at, uh, in a, on a case-by-case basis. But if they ca- if they don't meet their goals, they shouldn't be getting paid.

Sen. Hawley (MO)2:01:58 – 2:02:05

Well, why should, why should there be any bonus? We're not talking about withholding their salary. Why should they be getting bonuses if people aren't getting the mail delivered?

Jeffrey Brodsky (Witness)2:02:05 – 2:02:13

But there's, there's compensation theory that you have to look at in terms of, you know, you have to pay people appropriately to

Sen. Hawley (MO)2:02:13 – 2:02:14

Yeah, you don't pay them to not do their work.

Jeffrey Brodsky (Witness)2:02:15 – 2:02:16

Well, I think they're

Sen. Hawley (MO)2:02:15 – 2:02:19

And if people in Missouri aren't getting the mail, why should the Postmaster General be getting a bonus?

Jeffrey Brodsky (Witness)2:02:19 – 2:02:24

Postal service is a very, I agree with you that if they're not meeting their objectives, they should not get bonus.

Sen. Hawley (MO)2:02:24 – 2:02:46

And the objective is to deliver the mail. And I will just say for the record, so long as the people of Missouri aren't getting their mail, I don't want the Postmaster General or any other bureaucrat in Washington getting a bonus. I want the mail delivered to Missouri on time in every community that we are that we are entitled to by law. And until that happens, I don't want anybody getting a bonus. Will you commit to that, Mister Gallo?

William Gallo (Witness)2:02:48 – 2:03:02

absolutely it makes no sense to be giving a bonus to the to him or any of the uh management people if you're not performing the services if you're losing money it makes no sense to me in private industry that would not happen

Sen. Hawley (MO)2:03:02 – 2:03:05

that's exactly right and that's exactly the standard i wanna see thank you mister chairman

Sen. Paul (KY)2:03:06 – 2:03:36

so we had this discussion years ago and the response they gave me senator holly was well to have talent you gotta really pay people to have talent and my response was how much talent does it take to lose nine billion dollars a year uh so i agree with you there's there's no you don't give people a bonus for losing nine billion we shifted a hundred and seven billion to the general fund that was the reform we just took it from one account put it in another and they're still losing nine billion it's an absolute and utter failure senator blumenthal

Sen. Blumenthal (CT)2:03:39 – 2:03:45

thanks mr. chairman i think we have bipartisan agreement no bonuses for failure would you agree with that principle mister brodsky

Sen. Hawley (MO)2:03:46 – 2:03:46

yes

David Cummins (Witness)2:03:47 – 2:03:47

Yes, sir.

Sen. Blumenthal (CT)2:03:48 – 2:03:49

And, Mister Gallo.

David Cummins (Witness)2:03:49 – 2:03:49

Yes, sir.

Sen. Blumenthal (CT)2:03:50 – 2:04:13

Uh, Mister Berthia, uh, you are nominated for one of the most critical jobs in the United States government, which is to assure the independence integrity of the Department of Justice. Would you agree with me that independence is absolutely essential in that role?

Don Berthiaume (Witness)2:04:14 – 2:04:18

uh independence is absolutely essential to the office of the inspector general's role yes

Sen. Blumenthal (CT)2:04:18 – 2:04:25

and you've served as inspector general or you've been involved in inspector general activities in other departments correct

Don Berthiaume (Witness)2:04:25 – 2:04:29

uh i've been part of the inspector general community for almost sixteen years now

Sen. Blumenthal (CT)2:04:29 – 2:04:41

and you would agree with me that resisting weaponization or politicization of the department of justice will be a critical part of your role

Don Berthiaume (Witness)2:04:41 – 2:04:51

i think it's a critical part of the office inspector general's role uh to assess and evaluate the department's uh functioning of its responsibilities yes

Sen. Blumenthal (CT)2:04:51 – 2:04:57

so let me test your independence who won the twenty twenty election

Don Berthiaume (Witness)2:04:58 – 2:05:00

joe biden as certified by the senate

Sen. Blumenthal (CT)2:05:02 – 2:05:16

no mister berthelmuth who won the twenty twenty election we have seen that script by the way you should check with the white house." that script has been abandoned. They have a new one.

Don Berthiaume (Witness)2:05:17 – 2:05:21

Oh. Well, my understanding from the twenty twenty election is we had an election.

Sen. Blumenthal (CT)2:05:22 – 2:05:23

And who won it?

Don Berthiaume (Witness)2:05:22 – 2:05:26

Joe Biden certified the Joe Biden was certified the winner of that election. That is a fact.

Sen. Blumenthal (CT)2:05:27 – 2:05:28

Who won the popular vote?

Don Berthiaume (Witness)2:05:28 – 2:05:31

Uh, from what I recall on reporting at the time, that was Joe Biden.

Sen. Blumenthal (CT)2:05:32 – 2:05:35

And who won the electoral college in the twenty twenty election?

Don Berthiaume (Witness)2:05:36 – 2:05:44

Again, I, my recollection and he served as president, joe biden would have been certified the winner of the uh electoral college vote as well.

Sen. Blumenthal (CT)2:05:45 – 2:05:49

did you discuss your answers to these questions with the white house before coming here today

Don Berthiaume (Witness)2:05:49 – 2:05:50

no

Sen. Blumenthal (CT)2:05:50 – 2:05:55

uh let me ask you uh was the capitol attacked on january sixth

Don Berthiaume (Witness)2:05:56 – 2:06:06

uh i don't know if i would use the term attacked i mean we had activity outside the white uh the capitol uh protests and such and there was violence on the capitol grounds

Sen. Blumenthal (CT)2:06:04 – 2:06:31

you you have to be now the author of the most obvious understatement uh that there was activity outside the capitol on january sixth was was it attacked you you've seen the videos you're supposed to be the inspector general capitol police were injured some died was the capitol attacked

Don Berthiaume (Witness)2:06:32 – 2:06:40

so again it's more a term that you're using attacked There was protest activity. There was violence on Capitol grounds. Those people were prosecuted.

Sen. Blumenthal (CT)2:06:42 – 2:06:46

Well. There was protest activity?

Don Berthiaume (Witness)2:06:47 – 2:06:55

There was protest activity. People went to the Capitol grounds. People entered the Capitol building, which is contrary as far as I know to law.

Sen. Blumenthal (CT)2:06:55 – 2:06:58

But you wouldn't agree with me that the Capitol was attacked?

Don Berthiaume (Witness)2:06:58 – 2:07:02

I just don't agree with the term attack. When I think of attack, I think of assaulting.

Sen. Blumenthal (CT)2:07:01 – 2:07:03

Were police officers attacked on that day?

Don Berthiaume (Witness)2:07:04 – 2:07:06

There was physical violence outside the Capitol that day.

Sen. Blumenthal (CT)2:07:08 – 2:07:10

But the Capitol Police weren't attacked?

Don Berthiaume (Witness)2:07:12 – 2:07:13

So, uh

Sen. Blumenthal (CT)2:07:12 – 2:07:16

What is it about that word that so troubles you?

Don Berthiaume (Witness)2:07:17 – 2:07:24

Uh, it's not that I'm troubled by it. The term attack to me seems to imply like there was a coordinated effort to attack specific things.

Sen. Blumenthal (CT)2:07:24 – 2:07:25

Let let me ask you

Don Berthiaume (Witness)2:07:24 – 2:07:28

There is physical violence associated with protest activity at the Capitol.

Sen. Blumenthal (CT)2:07:27 – 2:07:38

I I regard these kinds of quest- questions as a test of your perspective independence and so far i think you're failing that test

Don Berthiaume (Witness)2:07:38 – 2:07:39

ok

Sen. Blumenthal (CT)2:07:40 – 2:08:11

and i hope my colleagues will agree that the inspector general of the department of justice should recognize reality and facts for what they are and be willing to call them out for what they are let me ask you uh can you assure me if you're confirmed that your office will conduct a thorough investigation to allegations that director patel engaged in drinking and absences that have interfered with his ability to do his job

Don Berthiaume (Witness)2:08:12 – 2:08:21

what i can commit to is to assess the allegations run them through the analysis that we do and we're gonna decide whether or not to open up a case and we'll see if there is work to do in that arena

Sen. Blumenthal (CT)2:08:21 – 2:08:36

will you commit that you will complete the audit and inquiry that has begun into the concealment of the epstein files you'll recall that senator markowski and i wrote you asking for the audit have you agreed to do it

Don Berthiaume (Witness)2:08:35 – 2:08:39

uh we're gonna finish uh we'll finish our audit of the epstein files transparency act

Sen. Blumenthal (CT)2:08:40 – 2:08:41

when will it be done

Don Berthiaume (Witness)2:08:41 – 2:08:55

my goal is one year from when we announced um that is a goal we're gonna push for that obviously there's things that can pop up on occasion that slow things down but we're gonna push through that as well our goal is to be as efficient and as accurate as possible in that audit

Sen. Blumenthal (CT)2:08:56 – 2:09:02

will you agree to engage in investigation of the retaliatory firings of agents at the fbi

Don Berthiaume (Witness)2:09:03 – 2:09:07

again what i will do is we'll assess whether or not there's an arena for there to take action

Sen. Blumenthal (CT)2:09:08 – 2:09:10

will you respond to that question

Don Berthiaume (Witness)2:09:08 – 2:09:10

um as we have done historically

Sen. Blumenthal (CT)2:09:11 – 2:09:13

after you review it if you're confirmed

Don Berthiaume (Witness)2:09:13 – 2:09:18

um i'm happy to talk to your office uh after we've reviewed and analyzed uh and assessed those cases

Sen. Blumenthal (CT)2:09:19 – 2:09:19

and what about

Don Berthiaume (Witness)2:09:19 – 2:09:20

of allegations

Sen. Blumenthal (CT)2:09:20 – 2:09:29

loyalty tests at the fbi will you review and and investigate the use of loyalty tests there.

Don Berthiaume (Witness)2:09:29 – 2:09:34

Again, you know, we'll assess all allegations and we'll run them through our process and see if there's work for us to do there.

Sen. Blumenthal (CT)2:09:35 – 2:09:36

Thank you, Mister Chairman.

Sen. Paul (KY)2:09:37 – 2:10:24

Professor Wilson, you and I talked in the office some about uh, you know, normally you don't think of the archivist as being a really controversial position, but there was a controversy in recent years talking about whether the archivist had the power to uh enroll or or certify that an amendment to the constitution had occurred um particularly with the era the debate was over you know i think the the enrolling document or the initiating document had a timeline some of the states approved it outside the timeline some of the states had taken away theirs we asked the previous archivist and she answered that she did not have the power to make that decision or to uh or to say the era had passed do you agree with that opinion or just give me your opinion on that

Bradford Wilson (Witness)2:10:24 – 2:11:58

thank you thank you senator for that question um the era the equal rights amendment was passed back in nineteen seventy two and the proposing resolution which had a number of procedural requirements for the amendment to be considered ratified included a deadline for ratification of seven years that deadline passed and a number of states continued to vote to ratify after the deadline a number of states rescinded their vote the previously to ratify uh this question came before the archivists of the united states who i imagine shares my view that the it's unfortunate the archivists should ever be in the position to settle contrav constitutional controversies but in this case uh the archivist uh agreed with uh who was appointed by the way by president biden and whose president biden's justice department uh argued that it had not been ratified because of the deadline that had passed she agreed with that decision and said she could not certify it for legal judicial procedural reasons the uh deputy archivist who was a career uh civil servant agreed with that opinion. They stated their opinions publicly. I intend uh to uh to uh I agree with their opinion and I intend to stick uh stick with it.

Sen. Paul (KY)2:11:59 – 2:11:59

Great.

Bradford Wilson (Witness)2:11:59 – 2:11:59

Thank you.

Sen. Paul (KY)2:11:59 – 2:12:23

The other issue you and I talked about is I'm interested in reading the classified annex to the church committee uh report from the nineteen seventies. It just goes to how you know the over classification thing and i don't know that you have the power to help me but i'd just like to hear on record that things that are fifty years old that the law allows you to declassify that you will pursue uh declassification within the law

Bradford Wilson (Witness)2:12:23 – 2:13:21

right thank you senator uh well the national archives is charged with uh collecting processing and making available to the american public to researchers to the government the records of the national government. Uh, those records, uh, obviously include both classified and unclassified documents. There's a process for dealing with both those kinds of documents, uh, that some documents are classified, is a product of agency decisions and congressional decisions. The archivist can, uh, be a nudge, I suppose, and try to get action taken to declassify documents that are wrongly classified. And there are many of them, I understand. So I'd be happy to work with you, Senator, with your team, uh, to see if we can advance the declassification of the church, uh, documents.

Sen. Paul (KY)2:13:21 – 2:14:31

Mister Gallo, I commend you for your optimism that the post office can be fixed. We should put that and and frame that. I hope you're right, but it's it's looked for thirty years like an unfixable problem. we're gonna have the postmaster general come in in the next couple of weeks and what i've asked him to present to us is if you could fix it what will you do because most of the things to fix it are either unpopular everybody wants a mail at least if not once a day twice a day if not five days six days so everybody doesn't nobody wants to give up anything but something has to give a big part of the cost is uh eighty percent of the cost of delivering mail is uh labor cost in um ups which is unionized but it's not a government unions a private union it's about fifty percent cost for labor uh fedex which is non-unionized it's about thirty eight percent so that gives you an example of one of the the big problems we face um i think another big problem we'll go over this with him as well it's just insourcing versus outsourcing decided he'd add a hundred and twenty thousand employees government employees cost more than private employees they're not as good because they don't have

William Gallo (Witness)2:14:55 – 2:16:27

as as a businessman it it's hard for me to understand how you that the postal service has eighty billion dollars in revenue has the network to deliver mail directly to households all over this country and business entities has the ability to borrow up to fifteen billion dollars and you're losing money it's crazy and why i think it's fixable is because you're losing ten billion dollars you have to raise the revenue by five billion and you have to reduce your cost by five billion. That all has to be looked at. You have the delivery for America program that was established in March of two thousand and twenty one. And I read it. And many of the points that they made made sense to me. But you're six years into this program, you're supposed to have reduced the uh uh make it a break even over a ten year period. You're six years into it. And you have, and you're still losing the same amount of money. So obviously, all of those points that were made in the delivery from America program has to be looked at, what's working, what's not working. And from there you have to really dive into why it's not working and change it. And obviously the workforce at over six hundred thousand people is too high. And you need to figure out what, who's performing. who's coming to work and who's not

Sen. Paul (KY)2:16:28 – 2:16:28

um

William Gallo (Witness)2:16:28 – 2:16:32

who's getting paid and not coming to work all of this has to be looked at

Sen. Paul (KY)2:16:33 – 2:16:34

all i would say is

William Gallo (Witness)2:16:33 – 2:16:34

and that's why i think it's fixable

Sen. Paul (KY)2:16:34 – 2:16:44

all i would say is be bold trimming around the corners isn't gonna do it so be bold and we have to have you know we have to try to fix it we have to try to do something better uh senator slotkin

Sen. Slotkin (MI)2:16:45 – 2:17:56

thank you chairman um uh welcome to the panel everyone uh on for those who are um uh seeking to be on the board of governors um for the postal service you've heard bipartisan interest in getting this right and the importance um that so many of us who live in rural places have on the the postal service and wanting it to be successful um uh the questions i have are related to um some things that the president has said about mail-in voting and the role of the postal service um just this month the president has put out rules, um, tried to put out rules following an executive order where he's trying to frankly prevent mail-in voting. But he's trying to say that the US Postal Service should have a role in deciding who gets to vote by mail. Um, he's said over and over that he thinks mail-in voting isn't safe, even though, um, there are states where the entire state votes by mail. Um, and, um, I just wanna ask, um, uh, do you believe that the US Postal Service has a role in adjudicating who gets to vote in this country. Mister Brodsky, do you wanna start?

Jeffrey Brodsky (Witness)2:17:55 – 2:18:01

Yeah. I think the postal service needs to receive the ballots and deliver them as quickly as possible.

Sen. Slotkin (MI)2:18:01 – 2:18:07

Do should I ha- should I have to get your approval as board of governor members to vote in my own state?

Jeffrey Brodsky (Witness)2:18:02 – 2:18:20

And they We will follow the law. And as far as I know, that's not yet the law. And I understand that there was a prop- a proposal made. And I I assume that that'll be clarified. And we'll do whatever is required. uh under the law

Sen. Slotkin (MI)2:18:21 – 2:18:22

mister gallo

William Gallo (Witness)2:18:24 – 2:18:46

i read the executive order by president trump and created a lot of uh legal disputes and uh you know public debate uh as far as i'm concerned it you have to have the courts and congress make the decision

Sen. Slotkin (MI)2:18:46 – 2:18:49

do you believe that mail-in voting now is safe and secure

William Gallo (Witness)2:18:46 – 2:19:07

we Uh, that's a very good question. I I would say it's not Under under the proper re under the proper guidance and monitoring, yes, I think I do think

Sen. Slotkin (MI)2:19:07 – 2:19:17

I mean, for instance, President Trump won my state in twenty twenty four, and there was a ton of mail-in voting. Was that voting for President Trump safe and secure, or no?

William Gallo (Witness)2:19:20 – 2:19:21

It's it was safe and secure.

Sen. Slotkin (MI)2:19:21 – 2:19:25

OK. Um, uh, have you ever voted by mail?

William Gallo (Witness)2:19:26 – 2:19:26

Never.

Sen. Slotkin (MI)2:19:27 – 2:19:28

Mister Brodsky, have you voted by mail?

Jeffrey Brodsky (Witness)2:19:28 – 2:19:29

Yes, I have.

Sen. Slotkin (MI)2:19:29 – 2:19:32

OK. And presumably you feel the system was safe and secure,

Jeffrey Brodsky (Witness)2:19:32 – 2:19:33

Uh, it was a wonderful way to vote,

Sen. Slotkin (MI)2:19:32 – 2:19:33

that we have long

Jeffrey Brodsky (Witness)2:19:34 – 2:19:35

and I I did it three times.

Sen. Slotkin (MI)2:19:35 – 2:20:24

Yeah. OK, great. Love to hear that. I I think um the president has just made very clear, including in the State of the Union where we were all in the room, that if his side doesn't win in November, then the election was rigged and he's using every which way he can figure out how to swing the election his way. The latest round is to say that you all will have to approve who gets to vote, and I have a fundamental problem with that, and hope that you push back on in the spirit of democracy. Um, turning to our Department of Justice nominee here, um. Um, you know, I'm interested in the fact that you're up for the the Inspector General, which is the watchdog of the Department of Justice. Um, and, um, I I you have been serving in the office as a senior advisor, um, or in some capacity, um, this for the past year and a half. Is that right?

Don Berthiaume (Witness)2:20:24 – 2:20:26

Uh, only since October.

Sen. Slotkin (MI)2:20:26 – 2:21:26

Only since October. OK, so you've you've seen there. Um, um, uh, I was investigated by the Department of Justice for a ninety second video that I produced with Senator Kelly and four others. Um, it went to a grand jury where they tried to criminally indict me for ninety second video um that quoted the uniform code of military justice. and a grand jury unanimously said no, that was ridiculous. Um, this is on top of um the Department of Justice going after and failing to prosecute, um, Letitia James, Lisa Cook, James Comey, uh, Mark Kelly and myself, um, uh, a bunch of others. Um, you are technically bar, you are, you have a, you passed the bar in New York and DC where there is a ban on frivolous lawsuits. Um, have you received any information in the capacity that you've been serving in? um, of either waste, fraud, and abuse for these, um, repeated and failed lawsuits, or any complaint of any kind for the weaponization of the Department of Justice against people like myself.

Don Berthiaume (Witness)2:21:27 – 2:21:47

Sure, it's a fair question. We do not have jurisdiction over the conduct of attorneys at the Department of Justice. That actually belongs to DOJ's Office of Professional Responsibility. Um, that's a carve-out in the law that says any decisions an D O J attorney makes in the course of acting as an attorney for the department, falls under their jurisdiction, that's not something that would come to us.

Sen. Slotkin (MI)2:21:47 – 2:22:03

I I I mean, I guess the question is, um, do you believe that, you know, going after the president's opponents and filing failed lawsuit after failed lawsuit after failed lawsuit qualifies for waste, fraud and abuse of taxpayer dollars in general?

Don Berthiaume (Witness)2:22:04 – 2:22:06

So, general

Sen. Slotkin (MI)2:22:05 – 2:22:31

You'd be you'd be disbarred for doing it or would be under investigation if you were a practicing attorney in New York or DC for over and over and over again launching failed lawsuits that fail in front of a grand jury unanimously, which I understand is hard to do. Um, um, i- do you believe that repeated and consistent failed lawsuits by the Department of Justice is something that qualifies in your capacity as waste, fraud, and abuse?

Don Berthiaume (Witness)2:22:32 – 2:22:54

So again, those are very fact-specific questions. Um, and again, we do not analyze uh, decisions that are made by Department of Justice attorneys. It just doesn't come into our bailiwick. We also do not have authority to review or uh uh assess rather how the department makes its policy decisions on how it chooses cases. That's not within the act.

Sen. Slotkin (MI)2:22:54 – 2:23:04

So if someone came to you with a complaint, claiming waste, fraud and abuse, or weaponization, you wouldn't be able to hear that complaint? You would choose not to hear and deal with those complaints?

Don Berthiaume (Witness)2:23:04 – 2:23:07

Not that we would not choose to do it, it just wouldn't fall within our jurisdiction. That would go to OPR.

Sen. Slotkin (MI)2:23:09 – 2:23:15

I see. So what do you do and what do you believe the job description is for the job that you are applying for?

Don Berthiaume (Witness)2:23:13 – 2:23:36

Sure. We look at fraud, waste and abuse in the department's operations. All right? So it would be things like how are contracts handled by the department? We also go look at how the Bureau of Prisons, OK, is affecting, is doing its job to ensure that it's doing better, ATF, DEA, FBI. We look at the way the department operates in its functionality. Um,

Sen. Slotkin (MI)2:23:57 – 2:24:06

yeah i just i it seems hard to believe that someone who is asking to be or or is seeking nomination and confirmation to be the inspector general of the department of justice

Don Berthiaume (Witness)2:24:07 – 2:24:07

uh

Sen. Slotkin (MI)2:24:07 – 2:24:24

has seemingly no role in accountability on how the time um and money is spent in weaponized prosecutions of American citizens. And um I I certainly think predecessors of yours would maybe have a different definition of the job, but I appreciate that.

Don Berthiaume (Witness)2:24:23 – 2:24:25

Senator, Senator Gallego.

Sen. Gallego (AZ)2:24:27 – 2:24:55

Hey, mister. Mister Allen, in the nineteen nineties you found a conservative campus publication called the Carolina Review. If you look behind me you'll see the front cover of an edition of the Carolina Review erin nelson a jewish candidate for student body president your magazine alter nelson's photo depicting him with a horns and a pitchfork inside the article it says the difference between erin nelson is simple he is jewish yes or no mr. nelson do you stand by this depiction

Charlton Allen (Witness)2:24:56 – 2:24:59

well first of all uh in terms of

Sen. Slotkin (MI)2:24:59 – 2:25:00

turn your mike on your mike

Charlton Allen (Witness)2:25:04 – 2:25:31

Sorry. Uh, I I'm Mister Allen, not Mister Nelson. But, uh, in terms of that cover, uh, you know, I would, uh, if I were thirty years ago, um, advocating, uh, for the review, I would say don't run that cover. Uh, I'd think it was a mistake. Um, that said, if you look at full context of the article, you're taking a quote out of context.

Sen. Gallego (AZ)2:25:32 – 2:25:32

OK, so I mean,

Sen. Slotkin (MI)2:25:32 – 2:25:33

Uh, Mister, Mister

Sen. Gallego (AZ)2:25:32 – 2:25:36

take that quite out of context, but I'm that's not being taken out of context, right? The pitchfork with the horns?

Sen. Slotkin (MI)2:25:37 – 2:25:37

Right.

Sen. Gallego (AZ)2:25:37 – 2:25:39

Is that cuz that's kind of hard to get out of context.

Charlton Allen (Witness)2:25:37 – 2:25:53

Right. In terms of uh the University of North Carolina at Chapel Hill, our chief rival was the Blue Devils, still are the Blue Devils. And the cartoonist intention was to make an analogy to that.

Sen. Gallego (AZ)2:25:55 – 2:26:18

So everything happened was just a total coincidence that the Jewish candidate happened to have a pitchfork and horns, and that also at the same time inside the context. So the difference with Nelson is simple, he's Jewish, and the difference being between them and the blue devil. So the difference is that he is a Jew Jewish versus a blue devil. Is that what your your defense is?

Charlton Allen (Witness)2:26:18 – 2:26:34

No, sir. No, sir. Uh, the point is this. Uh, mister Nelson voted not to find a Christian group, he voted to find the Jewish group, he voted to find the pagan group. but on two separate times he voted not to fund intervarstic christian fellowship. And,

Sen. Gallego (AZ)2:26:34 – 2:26:34

Uh-huh.

Charlton Allen (Witness)2:26:35 – 2:26:39

it raises a conflict of interest when he was a member of a group that he voted for.

Sen. Gallego (AZ)2:26:39 – 2:26:50

You certainly remember in detail uh this the this uh incident in question for someone who wants to forget it. So do you stand by uh the statement that was made uh of that time period regarding Mister Nelson then?

Charlton Allen (Witness)2:26:51 – 2:26:53

What statement are you referring to?

Sen. Gallego (AZ)2:26:52 – 2:26:56

Well, I would say overall this antisemitic uh statement and depiction of this gentleman.

Charlton Allen (Witness)2:26:57 – 2:27:06

i would not say that it's anti-semitic uh we were the group that was calling for the equal treatment of all student religions and

Sen. Gallego (AZ)2:27:05 – 2:27:17

so it's not anti-semitic to say the difference with nelson is simple he's jewish the difference between a blue devil and nelson is the fact that he's jewish that's that you you you stand by that then

Charlton Allen (Witness)2:27:15 – 2:27:32

that's the point was this he voted for the jewish group and on two separate occasions, he voted not to fund the christian group We said the Jewish group was entitled to be funded, and I stand by that. I have been a voice against anti-semitism.

Sen. Gallego (AZ)2:27:29 – 2:27:33

What what's your official, what's your official, what's your official title you're going for?

Charlton Allen (Witness)2:27:34 – 2:27:35

Pardon?

Sen. Gallego (AZ)2:27:35 – 2:27:37

What is the official title here that you are interviewing for?

Charlton Allen (Witness)2:27:38 – 2:27:40

The official title for what?

Sen. Gallego (AZ)2:27:39 – 2:27:48

What's the official title? What you're interviewing here, what are you here ask answering questions for? You're here to be the Federal Labor Relations Authority, right? General Counsel, is that correct?

Charlton Allen (Witness)2:27:48 – 2:27:49

Correct.

Sen. Gallego (AZ)2:27:49 – 2:27:55

What is under the purview of your job uh as general counsel for the federal labor's authority

Charlton Allen (Witness)2:27:56 – 2:28:16

that's spelled out in uh title five chapter seventy one seventy one O four d the general counsel is to investigate um potential unfair labor practices and make a determination whether a ulp has occurred and then prosecute that before the authority if there is a prima facie case

Sen. Gallego (AZ)2:28:16 – 2:28:34

got you so after hearing this and seeing this why would i trust that you're gonna be able to take care of our Jewish community because there seems to have been something that happened thirty years ago, if that's the right time period, uh, that certainly made you justify being able to do this to a a private citizen, even though you were a private citizen then.

Charlton Allen (Witness)2:28:35 – 2:28:54

I, Senator, in all due respect, I would encourage you to look at my record as a judicial official, the chief judicial officer, and chief executive officer of the North Carolina Industrial Commission, where at all times I treated all parties before me with fairness, dignity and respect, without regard to any personal characteristics.

Sen. Gallego (AZ)2:28:54 – 2:29:08

OK, now, Mister Allen, just one more time to explain to me the quote is, the difference with Nelson is simple, he's Jewish. What what was exactly trying to be s- communicated there? Cuz I think that seems to be fairly blatant anti-semitic.

Charlton Allen (Witness)2:29:09 – 2:29:22

I don't agree that it is anti-semitic. It was a quote that you're taking out of context about his voting record where he voted not to treat the Christian group, with the same respect as his own group.

Sen. Gallego (AZ)2:29:23 – 2:29:24

I'll be back.

Sen. Paul (KY)2:29:27 – 2:30:44

We're getting close to the end. I'm gonna ask another question or so, and then I think Senator Peters has another question or two, and then I think we'll be finished up. Uh, Mister Berth- Berthiaume, um, my office has asked the the DOJ IG to investigate, uh, some of the confidential human resources at, uh, with regard to COVID origins, crossfire, hurricane, quiet skies, uh, some of these people that were paid by the fbi what's come to light is is that you know we pay experts for their opinions sometimes but if we're paying experts who are actually involved with the action then maybe we're not paying the right people but we need to know who is paying how much uh the ig is investigating that we'd like to uh ask whether it's gonna you know that we will have a completion of that and that we will get that information um, you know, with now the CIA, the DOE, and the FBI all concluding that the virus originated in a lab in Wuhan, we really wouldn't want our experts to be people who were actually were receiving money with and working with the lab in Wuhan. And so these are important things, I think, for a conflict of interest and just, uh, for the historical record so this doesn't happen again. Uh, will you commit to, uh, complete those investigations that we've asked for?

Don Berthiaume (Witness)2:30:44 – 2:30:47

Yes, sir, and I believe we're working with your staff on that as well.

Sen. Paul (KY)2:30:48 – 2:30:49

Thank you. Uh, Senator Peters.

Sen. Peters (MI)2:30:50 – 2:31:16

Thank you, uh, uh, Mr. Chairman. Mister, uh, President, um, Trump violated the Inspector General Act when he fired, uh, nineteen Inspector General. The the most recent just, uh, about a about a week ago without submitting to Congress the, uh, required thirty day notification, uh, with a substantive, uh, rationale. So my question for you, sir, is yes or no, do you acknowledge that President Trump violated the requirements, uh, of the IG Act?

Don Berthiaume (Witness)2:31:16 – 2:31:29

yeah i believe a court recently came to that same conclusion uh hegs or storch v. hegseth uh determine that the president violated the ig act but also held uh that there was no irreparable harm uh to the igs by him doing so

Sen. Peters (MI)2:31:28 – 2:31:31

but but but you but you agree that that uh he violated the act

Don Berthiaume (Witness)2:31:32 – 2:31:34

uh yeah i'm i agree with the court's decision on that one

Sen. Peters (MI)2:31:34 – 2:32:27

ok uh mister gallow and uh brodsky the uh the uh postal regulatory commission as you know is a independent body that provides oversight to the usps uh and insures that their product uh pricing complies uh with the law. Uh earlier this year though the uh Postal Service petitioned the PRC to change its regulations and to grant the Board of Governors the authority to unilaterally set postal pricing for a five year period. The petition I know is is pending right now, but I'm sure you're both aware of that, cuz it's uh been a pretty big issue. So my question for both of you is if confirmed, do you commit to support and maintain the mission of the Postal Regulatory Commission to provide independent regulation and oversight over the postal service to ensure that they don't abuse their monopoly on market dominant mail. So.

Jeffrey Brodsky (Witness)2:32:27 – 2:32:40

A- absolutely. I, I have great regard for what work they're doing. I was very impressed by by them and I think that we have to work with them cooperatively. Uh, they have a a great team there and a lot could be done to help fix what we got here.

Sen. Peters (MI)2:32:40 – 2:32:41

Thank you. Mr. Gelin.

William Gallo (Witness)2:32:42 – 2:32:48

I agree. We need to work very closely with the PLC. I have no issue with it at all.

Sen. Peters (MI)2:32:48 – 2:32:52

Great. So both of you will support their mission. I appreciate that. Thank you. Thank you, Mister Chairman.

Sen. Paul (KY)2:32:55 – 2:33:25

Thank you all for appearing today and for your answers. The nominees of both panels have filed responses to biographical and financial questionnaires, answered pre-hearing questions submitted by the committee, and had their financial statements reviewed by the Office of Government Ethics. Additionally, the committee has received letters of support for the nominees. Without objection, this information will be made part of the hearing record, with the exception of the nominee's financial data which are on file with the committee. The hearing record will remain open till five p m on Friday, June nineteenth. The hearing is adjourned.

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