- NOMINATION OF W. CRAIG FUGATE

[Senate Hearing 111-677]
[From the U.S. Government Publishing Office]

S. Hrg. 111-677

NOMINATION OF W. CRAIG FUGATE

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

HEARING

before the

COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE

of the

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

__________

NOMINATION OF W. CRAIG FUGATE TO BE ADMINISTRATOR, FEDERAL EMERGENCY
MANAGEMENT AGENCY, U.S. DEPARTMENT OF HOMELAND SECURITY

APRIL 22, 2009

__________

Available via http://www.gpoaccess.gov/congress/index.html

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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana ROBERT F. BENNETT, Utah
ROLAND W. BURRIS, Illinois
MICHAEL F. BENNET, Colorado

Michael L. Alexander, Staff Director
Mary Beth Schultz, Counsel
Kristine V. Lam, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Asha A. Mathew, Minority Senior Counsel
Jennifer L. Tarr, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Patricia R. Hogan, Publications Clerk and GPO Detailee
Laura W. Kilbride, Hearing Clerk

C O N T E N T S

------
Opening statements:
Page
Senator Lieberman............................................ 1
Senator Collins.............................................. 4
Senator Landrieu............................................. 13
Senator Carper............................................... 16
Senator Akaka................................................ 19
Senator Burris............................................... 21
Prepared statements:
Senator Lieberman............................................ 25
Senator Collins.............................................. 26
Senator Akaka................................................ 27

WITNESSES
Wednesday, April 22, 2009

Hon. Mel Martinez, a U.S. Senator from the State of Florida...... 1
Hon. Bill Nelson, a U.S. Senator from the State of Florida....... 5
W. Craig Fugate to be Administrator, Federal Emergency Management
Agency, U.S. Department of Homeland Security................... 7

Alphabetical List of Witnesses

Fugate, W. Craig:
Testimony.................................................... 7
Prepared statement........................................... 29
Biographical and financial information....................... 33
Responses to pre-hearing questions........................... 43
Letter from the Office of Government Ethics with an attached
letter..................................................... 110
Responses to post-hearing questions for the Record........... 112
Letters of Support........................................... 142
Martinez, Hon. Mel:
Testimony.................................................... 1
Prepared statement........................................... 28
Nelson, Hon. Bill:
Testimony.................................................... 5

NOMINATION OF W. CRAIG FUGATE

----------

WEDNESDAY, APRIL 22, 2009

U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. Joseph I.
Lieberman, Chairman of the Committee, presiding.
Present: Senators Lieberman, Akaka, Carper, Landrieu,
Burris, and Collins.

OPENING STATEMENT OF SENATOR LIEBERMAN

Chairman Lieberman. Good morning. The hearing will now come
to order. Today, our Committee will consider the nomination of
W. Craig Fugate to be Administrator of the Federal Emergency
Management Agency (FEMA).
Mr. Fugate, I welcome you here this morning, and I
particularly want to welcome our friend Senator Mel Martinez,
who will be introducing you.
Senator Martinez, if you are under a time pressure, I would
be happy to have you go ahead right now.
Senator Martinez. That would be wonderful. Thank you, Mr.
Chairman.
Chairman Lieberman. I know you would like to hear the
opening statements that Senator Collins and I are going to
offer, but----
Senator Martinez. I will be reading them later.
Chairman Lieberman. All right. [Laughter.]
Very good, my friend. Please proceed.

TESTIMONY OF HON. MEL MARTINEZ, A U.S. SENATOR FROM THE STATE
OF FLORIDA

Senator Martinez. Thank you, Mr. Chairman and Senator
Collins. I am really honored to be here today to introduce to
you a great Floridian, and I am really proud that he will be
serving our country. He is Craig Fugate, who is the Director of
the Florida Division of Emergency Management. All Floridians
have benefited from Mr. Fugate's leadership, and I am pleased
to know that he will soon be serving all Americans at the
national level as the next Administrator of the Federal
Emergency Management Agency. In my view, there is no more
qualified person for the job.
Anyone who has worked with Mr. Fugate--and I have at the
local, State, and national levels--will tell you that he has
forgotten more about emergency management than most people will
ever know in a lifetime. That is because he has spent most of
his lifetime working at all levels in this field. As a
volunteer firefighter, a paramedic, and later a lieutenant with
the Alachua County Fire Department, he spent the early part of
his life at the local level and ended up serving as the
county's emergency manager.
In 1997, Mr. Fugate was promoted to the State level as
Chief of the Bureau of Preparedness and Response with the
Florida Division of Emergency Management, and in this role, he
helped to build what has become the model emergency management
program for the Nation. He has helped to manage the response to
major floods, tornados, wildfires, and hurricanes. One
hurricane, Hurricane Georges, resulted in more than 200 days of
activation for the State Emergency Response Team.
In October 2001, former Governor Jeb Bush elevated Mr.
Fugate as Director of the Florida Division of Emergency
Management. As you might imagine, preparing for hurricanes and
dealing with the aftermath is a way of life for us in Florida,
but rarely has Florida, let alone any other State or region,
for that matter, been impacted by as many storms as we saw
during the 2004--as I was running for the Senate, as a matter
of fact--and 2005 seasons. In total, three tropical storms and
eight hurricanes made landfall, including Hurricanes Charley,
Frances, Ivan, Jeanne, Dennis, Katrina, Rita, and Wilma.
Despite the constant threat of these storms, Floridians were
prepared and the State was ready to respond, and that is in no
small measure thanks to Director Fugate's steady leadership.
Throughout this time as Director, Mr. Fugate managed 23
declared State emergencies, including 11 presidentially
declared disasters, requiring more than $4.5 billion in Federal
assistance. It was his tremendous ability to coordinate
disaster response, recovery, preparedness, and mitigation
efforts with each of the 67 counties and local governments that
earned him reappointment after Governor Charlie Crist was
elected governor in 2006.
Although we, in Florida, will be sad to see him leave, our
Nation needs him, and we continue to look forward to working
with him to improve our national response to disasters.
I want to thank Mr. Fugate for all that he has given in
service to Florida, and I would urge my colleagues to give him
a swift confirmation so that he can be our next FEMA
Administrator.
Thank you very much.
Chairman Lieberman. Thanks very much, Senator Martinez.
That was a very strong statement, and certainly it means a lot
to the Committee. Senator Collins and I will have copies of our
statements on your desk by the time you return. [Laughter.]
Senator Martinez. Thank you very much, yes.
Chairman Lieberman. Thank you very much. When Senator Bill
Nelson arrives, we will obviously be honored to hear from him
as well.
Let me begin my opening statement and say that the
extraordinary record of experience in emergency management that
Mr. Fugate has is, of course, very important, and I want to say
how historically important it is to this Committee and put it
in some context.
The Post-Katrina Emergency Management Reform Act, which
Senator Collins and I were honored to co-author and the
Committee was good enough to report out, aimed at addressing
the failures uncovered by this Committee's investigation into
the response to Hurricane Katrina. The law requires that the
FEMA Administrator have a demonstrated ability in and knowledge
of emergency management and homeland security and at least 5
years of executive leadership and management experience.
Now, you would think that would be kind of normal to
request that of the FEMA Administrator, but that was not the
case prior to the adoption of the Post-Katrina Emergency
Management Reform Act, and the obvious fact is--and I note this
with much appreciation--that Mr. Fugate has a background that
not only meets but far exceeds these requirements.
Obviously, the ultimate test of a leader, an Administrator
in this case, is the qualities that the person brings
personally to the task, qualities of leadership, ability to
work with others. But it seemed to us that we had to at least
guarantee that the person going into this position, so critical
to the lives and safety of Americans at times of emergency,
have had the basic experience to give us the confidence to
believe that he could do this job. And again, I note with great
pleasure, Mr. Fugate, that you more than satisfy those
requirements.
The Post-Katrina Emergency Management Reform Act also
strengthened FEMA in many different ways, giving it both new
and enhanced responsibilities and missions. A very important
aspect of that Act was the decision to keep FEMA within the
Department of Homeland Security (DHS). I must say that since
passage of the Act, FEMA has come a long way, showing steady
improvement year by year. FEMA's successful responses to
Hurricanes Ike and Gustav in 2008 were proof of the agency's
progress. And I think few now dispute that FEMA is a stronger
agency, much stronger than it was before Hurricane Katrina. I
particularly hope that the career public servants who are in
FEMA now appreciate the fact that we appreciate what they have
done and what the agency has done in the last couple of years.
Last April, Department of Homeland Security Inspector
General Richard Skinner testified before this Committee that
FEMA was better prepared for a catastrophe now than it was when
Hurricane Katrina struck and that actions taken to implement
the Act have resulted in a much more muscular agency. More
recently, Mr. Skinner testified that FEMA is stronger now than
it has ever been in its history as a result of its cooperative
relationships within the Department of Homeland Security, the
implementation of Post-Katrina Emergency Management Reform Act,
and other improvements made as a result of the lessons learned
from Hurricane Katrina. Additionally, Mr. Skinner reported in
February of this year that removing FEMA from DHS would be a
mistake.
So I take all those to be encouraging signs, and I hope
they are the death knell of the attempts to remove this
important agency from the Department of Homeland Security,
though I would like to ask you about that during our question
and answer period.
Although FEMA has come a long way, if you are confirmed as
the new Administrator, Mr. Fugate, as you know, you still will
face some tough challenges. Among the top priorities will be
accelerating the full recovery from Hurricane Katrina,
developing a long-term recovery strategy and improving FEMA's
recovery programs, completing plans to respond to future large-
scale disasters, working with States to ensure that they are
better prepared for response and recovery responsibilities, and
better tracking where our homeland security grant dollars are
going to ensure they are being used most effectively to
strengthen our national preparedness.
The next FEMA Administrator, of course, will be responsible
also for continuing to implement the Post-Katrina Emergency
Management Reform Act so that FEMA really does become the
world-class standard for emergency management, which we want
and need it to be.
I want to say for the record that Mr. Fugate has the
support of his peers, having been endorsed by the International
Association of Emergency Managers, the National Emergency
Management Association, the International Association of Fire
Chiefs, the National Sheriffs Association, and even by Florida
Governor Charlie Crist. So I look forward to your testimony
this morning and to working with you, if you are confirmed.
Senator Collins, do you want to proceed?
Senator Collins. Thank you, Mr. Chairman.
Chairman Lieberman. And then we will go to Senator Nelson.

OPENING STATEMENT OF SENATOR COLLINS

Senator Collins. Thank you, Mr. Chairman. I will be very
brief in my remarks, given the presence of Senator Nelson.
I just want to join you in welcoming Craig Fugate to the
Committee. This Committee's comprehensive investigation into
the flawed response to Hurricane Katrina was the most extensive
investigation this Committee has ever done, and it produced
this very lengthy report. I am, of course, going to quiz the
nominee to make sure he has read every single page of the
report. [Laughter.]
But in all seriousness, the Committee's investigation
revealed fundamental problems with our Nation's preparedness
for catastrophic disasters and also, following up on the point
the Chairman made, a lack of qualified leadership at the top
levels of FEMA. As a result of our Committee's work, as the
Chairman has noted, Congress passed the Post-Katrina Emergency
Management Reform Act, which the Chairman and I authored, and
as a result, our Nation's ability to prepare for and respond to
all disasters has improved dramatically. And I will say, Mr.
Fugate, that I was disappointed that in your prepared remarks
you did not discuss this landmark law and the impact that it
has had in improving our Nation's emergency preparedness.
Perhaps the most significant of all the reforms that we
implemented was the requirement that the FEMA Administrator
have substantial emergency management experience. Mr. Fugate
brings 8 years of experience as the Director of Florida's
Division of Emergency Management. During those 8 years, he
oversaw the response to 11 presidentially declared disasters.
So, clearly, the Administration has followed the requirement in
the law that the head of FEMA bring this sort of experience to
the position.
I also am impressed with the widespread bipartisan support
that Mr. Fugate's nomination has garnered. Clearly, this should
not be a political post. It should be a nonpartisan post that
is filled by the most experienced individuals that we can find.
So, Mr. Fugate, it does speak well for you that both of
Florida's Senators of two different parties have taken the time
today to be here to endorse your nomination, and I look forward
to hearing your testimony and hearing from Senator Nelson,
whose words will be added to those of Senator Martinez.
Thank you, Mr. Chairman.
Chairman Lieberman. Thanks very much, Senator Collins.
Senator Bill Nelson, it is an honor to welcome you to the
Committee for the purpose of introducing the nominee.

TESTIMONY OF HON. BILL NELSON, A U.S. SENATOR FROM THE STATE OF
FLORIDA

Senator Nelson. Thank you, Mr. Chairman. And as you know,
our lives here often have conflicts. I have been chairing a
meeting of the Armed Services Committee, and thank you for
scheduling it so that I could temporarily recess that committee
to come here on behalf of Mr. Fugate. And everything that you
have said already about Mr. Fugate is true, and I can testify
to that because I have been sitting by his side in the
Emergency Operations Center of the State of Florida since 1995
and have seen him perform under very difficult circumstances.
I have referred to the two of you as either ``Madam FEMA''
or Mr. FEMA.'' You certainly have the knowledge of this
organization, its deficiencies, and, therefore, you have
corrected a number of those deficiencies by what we have seen,
the mistakes in the past. So thank you for what you have
contributed in the reform of FEMA. Now you have to have the
personnel that can take the law as you crafted it and have this
country respond to the natural disaster or other manmade
disasters in a way that the American people have come to
expect. And that, of course, is a huge task. That causes all
the resources of government to be brought together and
coordinated, and you have to have somebody on the ground who
does that and somebody who is a professional in doing that. And
you all in your reports and your hearings before have
chronicled the mistakes that have been made. Well, I can tell
you that now you have a professional before you for
confirmation.
In addition, his personal training is that he has been in
these emergency responder positions before he assumed these
leadership positions. He has been a firefighter. He has been an
emergency medical services (EMS) person. And then when he
graduated to the ranks of leadership, he was right there on the
job ever since we got hammered back in the early 1990s with the
monster hurricane, which we had to figure out how to get
through. And we had a very bad experience because the emergency
responders did not respond. And there was chaos in the
aftermath of Hurricane Andrew in 1992.
In the decade that followed, FEMA got its act together, and
then we saw, with the experience of Hurricane Katrina, FEMA did
not have its act together, and we knew that in Florida the year
before when four hurricanes hit Florida in 2004 within a 6-week
period. At first, you could say FEMA certainly was going to be
overwhelmed with four hurricanes. That is true. But then you
saw that the professional expertise coordinated from the
Federal level was not there. It was a precursor, it was a
warning of what was to come. And, finally, that happened, to
the knowledge of everybody, in 2005 in the Hurricane Katrina
debacle.
So you have a knowledgeable professional to whom, under his
leadership, we have seen Florida respond. His style of
leadership and the Emergency Operations Center that he
coordinated, and the response, became the role model for the
rest of the country. That is who you have here in front of you
today.
He has a homespun Florida way of describing how he handles
his professional duties. He calls it ``the Waffle House test.''
After a hurricane, if the Waffle House is open, it means that
there is power and there is water, and so you keep going. But
if the Waffle House is closed, something has shut them down,
and you have to start getting it open. And if they are open and
they have a limited menu, it means that power has been out for
a while because everything in the freezer that was frozen has
now melted and you are facing that kind of a situation.
So I want to commend him to you. As I said, I have had the
opportunity to sit by him. I will never forget when Hurricane
Charley suddenly took a right turn and surprised everybody,
coming right up Charlotte Bay and hitting Punta Gorda head on.
The good news was it was a confined hurricane with the
hurricane force winds only 10 miles in diameter. The bad news
is that it hit people, surprisingly, because it was supposed to
go further north, a lot of people who had fled Tampa were in
Punta Gorda. And you can imagine the ensuing chaos, during
which in the middle of the hurricane the Charlotte County
Emergency Operations Center roof gets blown off and they have
to evacuate the Emergency Operations Center in the middle of
the hurricane. You can imagine the scene at which Mr. Fugate
arrives a few hours after the hurricane in the Mobile Emergency
Operations Center and starts to take charge. And this is a
skilled, experienced professional. It is what this Nation
needs. It is what Florida has been fortunate to have. And I
commend him to you for your consideration, Mr. Chairman.
Chairman Lieberman. Thanks very much, Senator Nelson. I
will tell you that is one of the most compelling statements we
have had made by a colleague on behalf of a nominee because it
is so personal and based on experience. I appreciate it very
much.
I also thank you for giving us a Florida definition of
``the Waffle House test.'' Usually around here, ``waffling''
means something else. [Laughter.]
Let me say, in your opening statement you did not waffle.
Your introduction was very clear and strong. We appreciate it
very much. Thank you.
Senator Collins. Mr. Chairman, before Senator Nelson
departs, I want to acknowledge that he was the first person to
come to me when I was Chairman to point out problems with FEMA,
long before Hurricane Katrina struck. And, indeed, this
Committee, when I was Chairman--back in the good old days--in
May 2005, held a hearing looking at FEMA's response to the 2004
hurricane season. And you brought to my attention the
widespread fraud that, unfortunately, became prevalent after
Hurricane Katrina as well. So I just want to acknowledge your
longstanding leadership in this area. Thank you.
Chairman Lieberman. Thanks, Senator Collins, for pointing
that out. Thanks again, Senator Nelson.
Mr. Fugate has filed responses to a biographical and
financial questionnaire, answered pre-hearing questions
submitted by the Committee, and had his financial statements
reviewed by the Office of Government Ethics. Without objection,
this information will be made part of the hearing record, with
the exception of the financial data, which are on file and
available for public inspection in the offices of the
Committee.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath, so, Mr.
Fugate, I would ask you to please stand and raise your right
hand.
Do you swear that the testimony you are about to give to
the Committee will be the truth, the whole truth, and nothing
but the truth, so help you, God?
Mr. Fugate. Yes, sir.
Chairman Lieberman. Thank you. Please be seated.
Mr. Fugate, we would be honored now to hear your statement
and the introduction of any family members or guests that you
have with you today.

TESTIMONY OF W. CRAIG FUGATE \1\ TO BE ADMINISTRATOR, FEDERAL
EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HOMELAND
SECURITY

Mr. Fugate. Thank you, Mr. Chairman, Senator Collins, and
Senator Landrieu. Senator Nelson and Senator Martinez were very
kind, and having worked with them, I know that they are
outstanding people, and I have always enjoyed my relationship
with them. But I also have somebody else here, Mr. Chairman,
that is probably the most important person in this room to me,
sir, and that is my wife, Sheree, who is joining me in this
endeavor. I could not be here without her, and it is, as we all
know, families first.
---------------------------------------------------------------------------
\1\ The prepared statement of Mr. Fugate appears in the Appendix on
page 29.
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There are other people here representing a variety of
groups: My good friend Max Mayfield, former Director of the
National Hurricane Center; Mike Walker, who has served this
country in numerous capacities but, most importantly, is here
to remind me of somebody that has passed, and that is Lacy
Suiter, who was once described as the ``best Director FEMA ever
had,'' and often times is my guidepost when looking at
difficult situations. I go back to the question, ``What would
Lacy do?''
There are others representing various organizations from
the International Association of Fire Chiefs, National
Emergency Managers Association, and the International
Association of Emergency Managers.
Mr. Chairman, I come before you today as the nominee for
Administrator of FEMA. I am honored that the President has
asked me to serve in this capacity. I have a statement. The
Senators have already provided much of that information, so if
it would please you, I would just like to enter my statement
into the record.
Chairman Lieberman. Without objection, so ordered.
Mr. Fugate. And I just want to hit on a couple of things,
less about my past, about which much has been said, but what I
see as the challenges.
Senator Collins is absolutely correct that the Post-Katrina
Emergency Management Reform Act is one of the most monumental
things to come about in emergency management. Many people
forget that much of what was assumed about FEMA was never
actually codified. There are oftentimes very gray areas in
roles and responsibilities. And we were oftentimes welded to
the Stafford Act as the determining factor of what our roles
and responsibilities should be.
Some of the things that the Post-Katrina Emergency
Management Reform Act has done have made it clear that FEMA is
part of the Department of Homeland Security. It has made clear
that the Administrator reports to the Secretary and serves as
the emergency management advisor to the President and Homeland
Security Council under the Secretary. It lays out
responsibilities that go beyond just administering the Stafford
Act to ensure that this Nation is prepared for all hazards, not
just those natural hazards that many of us have experienced,
not just the threats that may come about because of acts of
terrorism, acts of violence, or failures of technology, but
prepared for those disasters and those events we may not have
experienced yet, and to build a team that is not just based on
FEMA.
I think sometimes we talk a lot about what FEMA's role is
and we forget what we are really talking about is how the
Nation is going to prepare to respond. And that is how I really
look at this opportunity. As much as we have a lot of work to
do within FEMA, and there are many things from the Post-Katrina
Emergency Management Reform Act that we still owe this
Committee, as well as the recovery that we are still
responsible for after Hurricanes Katrina and Rita and the
rebuilding of the Gulf, we also need to recognize that we have
to build a national focus on the next disaster, some of which
we can forecast. There is a lot of reference made to hurricane
season, which starts June 1, 40 days away. Mr. Chairman, the
next disaster that could be a catastrophe could strike today.
We do not have the luxury of always knowing what the next
disaster will be, nor will there always be a disaster that
there is a forecast for.
That responsibility means that we have to begin looking at
our citizens as a resource, not as a liability in our plans;
that we have to integrate and build capacity and capability at
the local, State, and Federal levels; that it has to
incorporate the volunteer, faith-based, and community-based
organizations and the private sector; that we cannot look at
some of our challenges and basically try to determine what we
will do based on our capabilities, but based on what the
challenges are.
We cannot forget that many of our citizens who, because
they do not have the resources, face additional challenges.
That cannot be an afterthought in our planning. You cannot
write a plan for disability preparedness after you write your
main plan. It has to be incorporated as a core element of how
we make sure that our most vulnerable citizens are taken care
of.
When you read the Post-Katrina Emergency Management Reform
Act, you find the answers to many of the questions that have
been out as far as what should be the Federal role, how should
FEMA integrate, and what is the purpose of this organization.
Previously these questions were addressed through funding,
appropriations; they were addressed through an interpretation
of the Stafford Act. I truly believe that the Post-Katrina
Emergency Management Reform Act has finally defined what this
Nation expects from its emergency management program, what
FEMA's role is in that program, and our task to go forward to
build that team that can respond to the next catastrophe.
Thank you, Mr. Chairman.
Chairman Lieberman. Thank you, Mr. Fugate, for a very
thoughtful statement. I am going to start my questioning with
the standard questions we ask all nominees.
First, is there anything you are aware of in your
background that might present a conflict of interest with the
duties of the office to which you have been nominated?
Mr. Fugate. Mr. Chairman, the only thing that I am aware of
is that as the Emergency Management Director of the State of
Florida, I serve as the signature and governor's authorized
representative on currently open disasters as well as the State
administrative agency for homeland security grants. I have met
and will be, if confirmed, signing an ethics agreement which
will clearly state that I will recuse myself from any of those
activities involving my previous job as State director for open
disasters or open homeland security grants. But other than
that, no, sir.
Chairman Lieberman. Very well. That is acceptable.
Do you know of anything, personal or otherwise, that would
in any way prevent you from fully and honorably discharging the
responsibilities of the office to which you have been
nominated?
Mr. Fugate. No, Mr. Chairman.
Chairman Lieberman. Third, do you agree without reservation
to respond to any reasonable summons to appear and testify
before any duly constituted Committee of Congress if you are
confirmed?
Mr. Fugate. Enthusiastically, Mr. Chairman.
Chairman Lieberman. I hope you continue that level of
enthusiasm as you go on. [Laughter.]
We are going to start the first round of questions with 7
minutes each.
Your far-reaching opening statement leads me to ask you a
question that I had not planned to ask you first, and I do not
expect that you will have a full answer to it, but I
appreciated what you said. This is an emergency management job,
and we naturally think of it first in terms of natural
disasters--hurricanes, tornados, the like. And now we have come
to think of it in terms of unnatural disasters--terrorist
attacks--and we will get into these--biological, chemical. But
this Committee and, I would say, the Congress have a rising
interest in and concern about the danger of cyber attacks. In
fact, there is a report expected any day now from the White
House about possible reorganization of roles.
There is a Cyber Security Center within the Department of
Homeland Security. The Homeland Security Department has a
natural responsibility for protecting the nondefense elements
of the Federal Government's cyber systems and, most critically,
working with the private sector to beef up their defenses and
their capacity to respond to a cyber attack.
I have no idea whether you have given any thought to this.
I want to just put it in front of you to see if you have, and
frankly, I had not thought about it before, but it seems to me
that FEMA and you, if confirmed, really ought to be at the
center of the Department of Homeland Security's planning for
both prevention and particularly response to a cyber attack.
Mr. Fugate. Mr. Chairman, as the Emergency Management
Director of the State of Florida, I am well known for doing no-
notice exercises, which we call ``Thunderbolts.'' We have
actually done exercises involving critical failures in our
communication infrastructure through various cyber attacks,
such as shutting down a central office where all Internet
traffic, phone traffic, and cell traffic would be disrupted.
I think that, again, our role in FEMA is to be prepared for
the consequences. If the power goes out, it is really not
relevant what caused it to go out if the impacts are now
affecting health care critical infrastructure, and what those
impacts could be.
Chairman Lieberman. Right.
Mr. Fugate. So I think our role in FEMA is, again, not so
much always focusing in on the things we know, but looking at
what would be the consequences if that attack occurred, if the
utilities were shut down, if phone line and cell communication
was disrupted. We have seen a few examples of this. Once when a
satellite shut down, we lost all pager capacity across the
Nation for about 90 percent of the hospitals and other folks
who depend on pagers.
We would look at the consequences of that. We would want to
look at what kind of vulnerabilities and systems could be
affected. And I think our role at FEMA is, again, looking at
the impacts and consequences and building capacity and
capability to address that.
Chairman Lieberman. Well, that is excellent. I did not know
that you had done any work on that in Florida. That is very
encouraging. And I think we are going to have to really spend
some more effort and resources. I believe Secretary Napolitano
is committed to this as well in the area, unfortunately, of
cyber defense. But you are right. If there was an attack on our
power systems, for instance, a cyber attack, the role that you
would have through FEMA would be not so much the focus on how
it happened, because hopefully the power companies themselves
would have spent some time on that so that they would be able
to get the system back up, but you would have to deal with a
cyber attack just as you deal with any other power failure.
Let me briefly ask you, without belaboring the point, but
it is an important one to us on the Committee. I know that in
the past you have made public statements that you thought it
would be a mistake to take FEMA out of the Department of
Homeland Security. Do you still hold that position?
Mr. Fugate. Mr. Chairman, yes, I do. I believe that the
next confirmed Administrator of FEMA needs to be focused on the
next disaster, and being focused on that means that the debate,
as far as I am concerned, is over.
Chairman Lieberman. I appreciate that answer.
One of the things that I think we did in the Post-Katrina
Emergency Management Reform Act that was most significant--I
hope it is, and I want to get your view on it; I think it has
begun to work--is to really beef up, to establish these 10
regional FEMA offices, give significant new responsibilities to
the FEMA Administrators, to put in one place in each of the 10
regions representatives from a very wide range of Federal
response organizations, including, incidentally, in every one
of them now a Department of Defense representative to
coordinate the response and to train, as much as one is able,
for the particular disasters, certainly the natural disasters,
that are more likely to occur there. Obviously, in the Gulf
Coast you train for hurricanes and the like.
I wanted to get your view on what the role of the regional
office is, as you see it, in enabling FEMA to achieve its
critical mission.
Mr. Fugate. I believe the role of the regional offices is
to be the principal interface with the States in building that
team. I believe very much that we should be delegating down to
those administrators the ability to deal with much of the day-
to-day issues and the response that they may have supporting a
State and to build those partnerships prior to the next event.
There has to be accountability. There has to be
responsiveness. But I think we will be best able to achieve
that by using the regional structure so that we can address, as
you point out, the unique aspects of the threats that those
regions face, their capabilities, and the geographical
distances that have to be covered.
Chairman Lieberman. Do you think there has been adequate
involvement of State and local emergency management with FEMA
up until this time? And, if not, what would you do to improve
it?
Mr. Fugate. Mr. Chairman, I think that there has been that
dialogue, but it oftentimes comes at the point when many of us
felt decisions had already been made and we were just being
asked to validate that decision.
My approach is to bring the stakeholders in to help us come
up with the solutions and answer the questions, not present
them with the solutions to ratify.
Chairman Lieberman. So would you do that exclusively
through the regional offices or do it yourself from Washington,
or moving out of Washington yourself?
Mr. Fugate. I believe we have a variety of options there.
We have the National Advisory Council. We have our regions. But
I also believe that the responsibility of the Administrator is
to go meet people at conferences and go to their States and go
to the local governments because only through that process can
we really see the challenges we are facing.
Chairman Lieberman. Thank you very much. Senator Collins.
Senator Collins. Thank you, Mr. Chairman.
Mr. Fugate, you and I have talked about the tension between
making sure that aid gets out to the potential victims or the
actual victims of a disaster as quickly as possible and yet
ensuring that waste, fraud, and mismanagement are not
permitted, and in the wake of Hurricane Katrina, we
unfortunately saw not only a failure to aid the victims in an
effective way, but widespread and in some cases completely
preventable waste and fraud.
This tension, however, is not unique to a large hurricane
like Hurricane Katrina. Back in 2005, when our Committee looked
at the 2004 hurricane season in Florida, we found significant
problems. We found that the Miami-Dade Emergency Operations
Center reported that the damage from Hurricane Frances was
minimal and that, in fact, Miami-Dade County did not incur any
hurricane force winds, tornados, or other adverse weather
conditions that would cause widespread damage. And yet what
happened in this case is FEMA designated this county as
eligible for the individual assistance programs without first
conducting, as it should have, a damage assessment to determine
whether Federal assistance was warranted. And this was the
issue that Senator Nelson first brought to my attention, and
our Committee found that these two goals of quick and effective
aid and yet preventing waste, fraud, and abuse are not mutually
exclusive.
I would like you to comment on what happened in that case,
whether you played any role in encouraging the designation, and
what can be done to ensure that we are not pouring millions of
dollars into aid to a region that simply did not meet the
threshold.
Mr. Fugate. Yes, ma'am. Senator, I was the one that in the
request for the major presidential disaster declaration placed
the names of the counties that I thought were going to
experience hurricane damage prior to landfall. At that time,
what we felt was the most appropriate route to receive
assistance and have FEMA release resources to us was to ask for
a major presidential declaration at the landfall of Hurricane
Frances, and that would preclude having any damage assessments
to make that determination. We were basing it on the forecast.
That and the fact that we were also a relatively small agency
trying to administer that response meant that we did not have
any controls or oversight within our response to monitor that
in real time.
Post that 2004 hurricane season, we saw FEMA begin
addressing this through a clear policy of when they would issue
or when they would solicit a request from a governor for a pre-
landfall emergency declaration. This is important because,
previously, without the emergency declaration or major
presidential disaster declaration, prior to the Post-Katrina
Emergency Management Reform Act, FEMA could not release or
actually turn over resources to the State to respond. So we
were driven more by ensuring that we had the capability to
respond to that disaster and trying to get as much of that done
under the tools we had.
In retrospect, the emergency declaration is actually a
preferable route because it does not provide long-term complete
assistance to people but addresses the most critical emergency
needs in the immediate pre- and aftermath of a threatening
storm or other type of disaster. So that gave us a new tool
with more guidance on when to ask for that versus defaulting
back to asking for a declaration at landfall.
Senator Collins. I think we need to strike the right
balance. We want to make sure and indeed our Post-Katrina
Emergency Management Reform Act provides for the authority for
FEMA to pre-position assets. That is absolutely essential. That
did not happen with Hurricane Katrina. Disaster struck, and it
was very difficult to get the needed supplies into the area.
But, on the other hand, we do not want to trigger individual
assistance programs and the expenditure of millions of dollars
to individuals who did not suffer harm because that takes away
from our ability to provide assistance to those who do suffer
harm. So that is an issue on which I look forward to working
with you and making sure that we strike the right balance.
I would like to turn to another issue. This Committee has
had a series of hearings chaired by Senator Lieberman to look
at how government and other private sector and nonprofit
organizations communicate with our citizens when a disaster
strikes, and one of the most important services that government
can provide before and during an emergency is notifying
citizens of impending danger. Technologies are now available so
that we can target the notification to a geographical location
through Reverse 911, text messaging, and E-mail. And we can
give people notice of impending danger as well as instructions
on what to do.
FEMA has been experimenting with various parts of an
integrated public alert and warning system that would take
advantage of these new technologies. What are your thoughts on
how we can improve communication? And will you make it a
priority to move this project forward?
Mr. Fugate. Senator Collins, absolutely. Here is the bottom
line: If we cannot reach the population at risk with the
information on which they need to act on a Sunday morning at 3
a.m. when nobody is watching TV or listening to the radio, the
system fails. You have to define the outcome and then apply the
process and technology to achieve the ability to warn people
when they are not prepared, when they are not paying attention,
when they may not know a threat exists.
Senator Collins. Thank you, Mr. Chairman.
Chairman Lieberman. Thanks, Senator Collins.
Senator Collins' last question is a very important one, and
I appreciate your answer about communication to the public in a
disaster. I cannot resist saying that you have behind you one
of the great all-time communicators to the American people in
disasters in Max Mayfield. I must say it makes me feel
comfortable just having him in the room. [Laughter.]
It is an honor to have you here.
Next is Senator Landrieu. As you know, Senator Landrieu
chairs the Ad Hoc Subcommittee on Disaster Recovery that we
created that has specific jurisdiction with regard to the
Stafford Act and emergency management generally. In that
capacity, I am happy to call on her now.

OPENING STATEMENT OF SENATOR LANDRIEU

Senator Landrieu. Thank you, Mr. Chairman, and let me add
my compliments to Max Mayfield. His is a wonderful face to see,
and we in Louisiana so appreciate his voice at probably the
most difficult time our State has ever faced. And without his
persistent notification, we may have lost even more than the
2,000 people that we did lose in that storm. We thank him and
look forward to continuing to work with him.
Mr. Fugate, I am very impressed with your background, and
of course, Senator Nelson has commented to me many times about
the confidence that he and the people of Florida have in you.
Based on our several meetings and your responses to the 36
questions that I have submitted prior to this hearing, I am
convinced that you are the right person for this job. But I
will say, Mr. Chairman and Madam Ranking Member, that we still
have a tremendous amount of work to do, despite the great work
of this Committee, which you mentioned in your opening
statement. And I am happy that my office helped to inform a lot
of those discussions about what has gone into the Post-Katrina
Emergency Management Reform Act and the good work of the
Chairman and the Ranking Member. I think this area is still
ripe for aggressive reform. And I am pledging to work with you
today to help to get a better, stronger FEMA and to identify
the right team members to strengthen that team so that we never
have to see and experience what happened in Hurricanes Katrina
and Rita, let alone what you have experienced in Florida.
I have six questions. I am probably only going to get to
three of them, and I will try to stay for the second round, if
I can. And these are very Louisiana and Gulf Coast specific, so
forgive me, but we still have our eyes on this recovery.
Mr. Fugate, on the question about the V-Zones as we build
out from a catastrophic disaster, these are coastal high hazard
areas known as Velocity Zones. I agree that construction and
development should follow sound flood and storm surge data. As
you know, the Army Corps of Engineers and FEMA are conducting a
review of our levee system in the country. New flood maps are
being issued.
However, some of these actions have left viable Louisiana
communities, most notably in Cameron Parish, which is home to
small but very longstanding communities that are working
communities--oil and gas, commercial fisheries. There are other
areas in Plaquemines Parish. I am sure this is happening in
parts of Texas, and along the Alabama and Mississippi coasts.
Federal regulations permit FEMA to authorize construction
in a V-Zone if no practical alternative sites are available.
Will you use your authority to approve some construction for
fire stations and police stations in communities that obviously
need those basic protections?
Mr. Fugate. Senator Landrieu, if I am confirmed, one of the
things that in our discussion I wanted to be able to do is look
at V-Zones and make sure we are pragmatic in our
decisionmaking. Obviously, when a community is at risk and we
can move that community and minimize that risk to their lives
and property in the future, we should achieve that. But there
are times when that is not practical, and we need to look at
what are the potential options through engineering or other
types of mitigation techniques that we can use to mitigate that
hazard.
Senator Landrieu. Can I ask you how many communities you
have moved in your experience?
Mr. Fugate. Generally, the ones in Florida that have been
moved--Caryville is one from the Tropical Storm Alberto
floods--have been small.
Senator Landrieu. And how large was that community?
Mr. Fugate. Relatively small.
Senator Landrieu. Like how many, approximately?
Mr. Fugate. Approximately, I believe, the total was less
than 100 structures. And, again, in Florida we are facing a
very similar concern around Lake Okeechobee with the dike and
the areas there that have now found themselves being upgraded
as to risk if something happens to Lake Okeechobee.
Senator Landrieu. And I just want to bring this to the
attention of this Committee, that moving communities is an
option if the communities are small enough to move and if they
are not contributing to the Nation through intrinsic links to
significant infrastructure. If it is a retirement community, if
it is a community of condominiums that just were built in the
wrong place, that is one thing. But, Mr. Chairman, to move
communities of several thousand people who are maintaining the
river systems, pipelines, infrastructure, and ports is a whole
other issue. And this is a very important rebuilding aspect
this Committee has to focus on, and I am glad to see that this
nominee is focused. But a tremendous amount of work is going to
have to be done.
Let me ask you about arbitration. As you know, after years
of trying, we finally succeeded at putting a system in place
that could bring to an end the endless disputes between FEMA
and local governments about the costs associated with
rebuilding. There are legitimate differences of opinion
sometimes, but nonetheless, communities need those differences
to be resolved. Do you support implementing the law that is now
in place for some type of arbitration panel?
Mr. Fugate. Senator Landrieu, if confirmed, absolutely. I
also want to look at that arbitration process as an opportunity
to look at repeated issues and see if there are patterns or
trends that we need to address through policy and rulemaking.
Again, if these are similar issues, time and time again, this
may be an opportunity to look at those, identify them, and look
at what the remedy is so they do not become a continuing issue
for other jurisdictions.
Senator Landrieu. I asked you also, if you would, about the
community disaster loan program, and for the life of me, I
cannot figure out why more of my colleagues do not appreciate
just the numbers on this. But you indicated that in some
instances you did not think that the $5 million cap on
community disaster loans was adequate, with which I agree, and
that you would consider other options. But I want to bring to
the Chairman and Ranking Member's attention, the fact that the
budget of the City of New Orleans is, as I recall, $264 million
a year. How could a $5 million loan be anywhere near adequate
if a city of that size is either completely or half destroyed?
Could you comment?
Mr. Fugate. Senator Landrieu, the City of Miami is probably
all by itself in Miami-Dade County one of the largest economies
in all of the State of Florida----
Senator Landrieu. What would a $5 million loan do for Miami
if half of the city was destroyed?
Mr. Fugate. I doubt we could make payroll on a monthly
basis.
Senator Landrieu. I doubt you could pay----
Mr. Fugate. Weekly.
Senator Landrieu [continuing]. One department 2 weeks for
$5 million.
Mr. Fugate. Absolutely.
Senator Landrieu. So I am urging this Committee to
understand that in a major catastrophic disaster, the current
amounts on the books are wholly inadequate to maintain basic
operations and that our fire departments, police departments,
teachers, and public school system are at tremendous risk
because of it.
On your staff turnover, which is also very troubling, we
are reviewing right now the 1,400 people that are in the office
in New Orleans. We are going to find out how many are full-time
FEMA employees, how many are contract employees, and how many
are part-time employees.
One of my goals is to get a highly qualified and well-
trained reserve force for this Nation. The people who are at
risk, at their time of need, do not want to see green recruits.
They want to deal with trained professionals, like when the
National Guard shows up--someone that they can rely on. Can you
promise us that you will make that a priority issue in
rebuilding and retraining your force and developing creative
ways to build a trained--even though they may be temporary--but
qualified workforce for the people who may be subject to
multiple disasters as we move forward?
Mr. Fugate. Senator Landrieu, if confirmed, to the best of
my ability, we need to address the disaster assistance cadre
and make sure those people are ready to go and serve their
citizens if they are called to be activated.
Senator Landrieu. And do you have at least one specific
suggestion about how you could do that?
Mr. Fugate. Yes, ma'am. Using similar techniques from the
Incident Command System, we need to make sure that they are
typed and trained to the capacity when they deploy. Obviously,
we do not want to put people with little experience running
major components in a large disaster. We want to make sure our
most experienced people are leading, and we bring people in to
train them and gain that experience, but not at the expense of
trying to manage a disaster.
Senator Landrieu. Mr. Chairman, I am going to conclude and
submit some more questions for the record. This nominee will
have my support, but I want you and the Ranking Member to know
that I am going to be working weekly, as we rebuild our region
in the Gulf Coast, with both of you to get a better system
because while we have made great improvements, we have quite a
significant way to go.
Thank you, Mr. Chairman.
Chairman Lieberman. Thank you, Senator Landrieu. I could
not agree with you more, and I think the work goes on, and your
role in it is very important. Thank you.
Senator Carper, welcome.

OPENING STATEMENT OF SENATOR CARPER

Senator Carper. Thank you very much, Mr. Chairman.
The first question I want to ask of our witness is what
does the ``W'' stand for?
Mr. Fugate. The ``W'' stands for William. I was blessed by
a mother who called me by my middle name from the time I was
born, and so I always went by Craig. It was not until
kindergarten that I found out I had a first name when the
teacher kept calling me ``William'' and ``Billy'' and ``Bill''
and could not understand why I did not answer. [Laughter.]
Senator Carper. I understand your wife is sitting right
behind you?
Mr. Fugate. Yes, sir.
Senator Carper. Welcome. Thank you for your willingness to
share this guy with us, and we will return him to you in 4, 5,
6, or 7 years. All right. In the meantime, hopefully you can E-
mail, or you can text message, or whatever they do.
The experience we had in Delaware with FEMA even in the
worst of times has been pretty good, and they have been there
for us to work with the Delaware Emergency Management Agency
(DEMA). You probably know some of our folks at DEMA. They send
their best, and you have some people in our State who know you
and have enjoyed working with you and admired you.
I appreciated the opportunity to meet with you during vote-
a-rama down by the Ohio clock. We could not find a place that
worked, so we found a quiet corner and met there, and I went
back and forth about every 10 minutes to vote. But I came away
impressed with your credentials, and I think we are fortunate
that somebody with your credentials and background is willing
to serve our country.
Every one of us has worked in organizations where the
morale has been real high, and we have worked in organizations
and been part of a team where the morale was real low. And
during the time I have been around, I have seen morale at FEMA
pretty high, and I have seen it pretty low.
I think FEMA continues to struggle with a number of
internal issues that are contributing to, still in some cases,
the low morale of folks in the organization. Some people say it
is the absorption into the Department of Homeland Security.
Some say it is the backlash from a bunch of hurricanes,
including Hurricanes Katrina and Rita, that have contributed to
this.
What lessons have you learned along the way in the
leadership roles that you have played? What do you bring to
FEMA, particularly from the Florida Department of Emergency
Management, that will help to improve the human capital side of
FEMA?
Mr. Fugate. Senator Carper, you alluded to my friend Jamie
Turner, the Director of Delaware Emergency Management, a great
person to have as your friend and to work with.
Senator Carper. It is a small world. His daughter was my
scheduler, used to tell me where to go every day. A lot of
people would like that job.
Mr. Fugate. In any organization that faces the challenges
that FEMA faces, it is oftentimes easy to not always have a
clear picture and understanding of roles and responsibilities.
I have always, from personal experience, felt that I really was
happiest when I felt that I was doing my job, when I clearly
understood what my role and responsibility was, when I was
given the leadership to empower me to do my job, when I had the
resources to do my job, and when I had leadership that backed
me up when things did not go perfect.
I think that sometimes we have to understand that as much
as we try, things will not always turn out the way we wanted it
to. I think that too often, it is not easy for the leadership
to stand up and take responsibility when the team did not meet
the expectations, or to make sure that when the team does do
well, that the team gets recognized; that it is not about an
individual, it is about the team effort.
And I think that when I have been a part of those teams,
people felt they had actual ownership in the process. They were
not just told what to do, but they knew why they were doing it,
and they bought into that vision. And it was clear and
unwavering where we were taking the organization and focusing
on outcomes, and we did not sacrifice individuals when things
did not go well, but the leadership took the ownership and
responsibility and bore that, but the team when we did well,
got the recognition.
Senator Carper. Those are my rules, too. Those are great
rules. Thank you.
We talked a little bit about this when we met privately,
but let me just ask you for the record: If confirmed, what
would be some of your top priorities on taking over as
Administrator? Are there any current policies that have not
worked in your mind that you plan on modifying or reversing?
For example, some former agency leaders recommended, I think,
that FEMA get out of the long-term housing business and
transfer that function over to the Department of Housing and
Urban Development (HUD). That is just an idea, but give us some
thoughts that you have, some of your key priorities, please.
Mr. Fugate. Well, I think obviously the priority is being
prepared for the next disaster, whatever that may be;
continuing the recovery that we currently have underway with
Hurricanes Katrina and Rita and rebuilding the Gulf Coast. And
the challenges then are from the Post-Katrina Emergency
Management Reform Act--what is our national strategy for
recovery and our national strategy for housing.
I think one of the things we have to define is what are we
really talking about as far as numbers. I know that with a
hurricane in Miami, we would be looking at about half a million
housing units, and that would not be an 18-month to 24-month
program. So we naturally have to build the team of Federal,
State, and local government agencies and groups that have the
resources to address what would happen in our case, looking at
Florida. But when we look at other States, whether we had,
again, a storm come up the Mid-Atlantic States or if we had the
New Madrid earthquake, look at what would be the potential
number in a worst-case scenario. And then I think we start
going back to our programs and say, ``Where are the gaps at?''
I think too often we try to take our programs and build up to a
number, not really having an expectation that the number may be
so large that the process will not get us where we need to go.
And I think that will give us better clarity as to the roles
and responsibilities of FEMA in the immediate term, as well as
HUD in the long term, because if we lose half a million units
in Florida, I can assure you that the need for affordable
housing will be there long after the Stafford Act programs
would have sunsetted.
Senator Carper. I have heard folks complain that FEMA has
too much bureaucracy and red tape in responding to disasters,
which slows the pace of recovery. That has not been our
experience in Delaware. But do you agree with that assessment?
And if so, what ideas do you have on how to streamline FEMA's
recovery programs?
Mr. Fugate. I think we need to go back and look at our
policies and procedures and make sure that they are not an
impediment to the intent of the Stafford Act or to CFR 44,
which was the intent of this body and the Congress in order to
support State and local governments. I think that the dispute
resolution panel that we are looking to support in the Gulf
Coast may give us some indicators. Those issues that we are
seeing repeatedly, we need to address in that process.
Senator Carper. All right. The last word, there is a
necessity to try to align the agency and the work that you all
do with the law. Also, I think you have a responsibility--I
think certainly with the leadership of this Committee, an
opportunity--when the law does not make much sense to come to
us and say this does not really make a lot of sense and here is
why, and just suggest that we change it, and I think you will
get a pretty fair hearing.
Mr. Fugate. Senator Carper, my approach is let us make sure
FEMA has not put limitations on itself that the law did not
intend, and then if we find that it still does not address the
challenges and it does not get the outcome we want, then that
is when we would want to come back and provide that
information, which may require additional legislative action to
address.
Senator Carper. Good. Thanks so much. Thanks for your
willingness to take this on. If confirmed, we look forward to
working with you. I think you might be confirmed. Good luck,
sir.
Chairman Lieberman. Thank you, Senator Carper. Next is
Senator Akaka.
Senator Akaka, wherever you go, you bring the warmth and
tranquility that I associate with Hawaii, but today you bring
an extra measure of the beauty of the islands. Is there a
special occasion?

OPENING STATEMENT OF SENATOR AKAKA

Senator Akaka. Yes. Thank you very much, Mr. Chairman. I
have some visitors from Hawaii, and these are students, and
they adorned me with the lei that I have on. The lei is a
symbol of inclusion, saying that we belong together.
Chairman Lieberman. Hear, hear.
Senator Akaka. Thank you very much, Mr. Chairman. I want to
thank you very much, and the Ranking Member, Senator Collins,
for holding this hearing and for moving on with trying to
confirm the people that we need to operate our government.
First, I want to congratulate you, Mr. Fugate, for your
nomination, and thank you so much for coming to visit me. We
had a chance to chat about what you might be doing. And I also
want to thank you for bringing your wife, Sheree, and your
other loved ones who are here with you today at this hearing. I
know how important their support is for you and will be in the
future as you head FEMA.
As you know, FEMA's primary role in a disaster is to
provide State and local entities with critical Federal support
and, of course, to help the people of that particular State,
and you will be charged with leading these efforts. And FEMA
must have strong, experienced, and capable leadership.
And after chatting with you, I believe that you will be
able to provide the kind of leadership that FEMA needs, and
that is, the confident leadership and vision that it needs for
its current time and also the future.
I want to encourage you to reach out to the stakeholders
and engage their perspectives, too, and to be a strong advocate
for ensuring that FEMA has its resources.
Before I move on to my questions, Mr. Chairman, I want to
ask that my full statement be included in the record.\1\
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\1\ The prepared statement of Senator Akaka appears in the Appendix
on page 27.
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Chairman Lieberman. Without objection.
Senator Akaka. Mr. Fugate, according to the Partnership for
Public Service, FEMA places 211 out of 222 agencies on its most
recent ranking of the best places to work in the Federal
Government. Are you aware of this?
Mr. Fugate. Yes, Senator, I am.
Senator Akaka. Well, then, you know that team work,
effective leadership, strategic management, training and
development, and support for diversity are among the areas
where FEMA was rated particularly low. You spoke about your
human capital priorities, but I would like you to discuss how
you will address these specific concerns.
Mr. Fugate. Well, in looking at that and also having read
the memo from the union that represents many FEMA employees and
their concerns, I think that we oftentimes find ourselves in
the roles that we are placed in emergency management without
clear guidance, clear direction, and authority to do our jobs.
And I know of nothing else that would sap morale faster than to
be put into a situation where I was not allowed to solve the
problems given the rules and regulations under which I operate.
I think that part of it has to go back to building a team based
on empowering people to make decisions to carry out the tasks
they are assigned, giving them the resources they need to do
it, and providing the support from the leadership of the team
that says we are going to move forward, we are going to address
these issues, and we want to empower our staffs to do their
jobs through the regional structures, through closer
partnerships with local and State governments.
I think that doing our job well, doing it with respect for
each other, and building a team that understands roles and
responsibilities is the way to build that morale versus trying
to address it from the standpoint of case by case. I think we
have to look at the overall efforts within the organization and
make sure that we are one team supporting our State and local
governments and meeting the needs of disaster survivors, that
our members are treated with respect, are empowered to do their
jobs, and have a clear mission and outcome and the expectation
to do a job well, and that the leadership supports them in that
process.
Senator Akaka. You also mentioned in our chat the
importance of working together, coordinating activities, and
fostering partnerships, and as you mentioned, personnel that
can support these efforts. As FEMA's Administrator, you will be
responsible for assisting States with all Federal resources,
including coordinating assistance for other Federal agencies.
Coordinating all of these agencies takes a great deal of
planning and leadership.
What steps will you take to ensure proper coordination
among all agencies?
Mr. Fugate. Again, Senator, if I am confirmed, I plan to
meet with the various components of the Federal response
family. In particular, I would like to schedule early on the
opportunity to meet with the National Guard Bureau, with
NORTHCOM's leadership. And I want to take a little bit
different approach. I think too often we look at our team and
say, ``What can you do to support my mission?''
The reality is that FEMA's mission is to ask them what we
can do to make sure they are successful in meeting the needs of
our citizens during a disaster. And I want to take an approach
that when we sit down and talk, it is not about what they are
going to do for us or how FEMA is going to be in charge. The
way I want to approach and build that team is by asking how do
we support them? Where do they need FEMA to be strong in order
that they can be successful in their mission?
Senator Akaka. Yes, and I am glad you are describing it
that way. It is a two-way street, and we need to use the
capacities of other agencies as well to help with FEMA's
efforts. So with that type of leadership, it will be great to
have you confirmed in this position.
I want to wish you well, and your family as well, and to
tell your family that you are depending on their support in
fulfilling your responsibilities.
Mr. Chairman, I thank you very much for this opportunity.
Chairman Lieberman. Thanks very much, Senator Akaka.
Senator Burris, good to see you. Welcome this morning--even
though you are not wearing a lei. [Laughter.]

OPENING STATEMENT OF SENATOR BURRIS

Senator Burris. Thank you, Mr. Chairman, Madam Ranking
Member, and Members of the Committee.
Mr. Chairman, if I were to check the record, I think that
the agency that I worked for as a young law student at Howard
University in 1962 was the Office of Emergency Planning, and we
were then doing all the planning, primarily in case there was a
nuclear attack on the country. And I am glad to be able now to
talk with a potential Director of the agency that used to be my
employer. So just as a kind of historical and personal note,
Mr. Fugate, I do not think you will have much problem with this
Senator in reference to your confirmation vote.
Of course, I also remember seeing you on television quite a
bit as you were battling all those Florida issues, and you were
very articulate, very precise, and you had a no-nonsense
attitude. Now, that certainly impressed me. I did not know that
someday you would be sitting here seeking to give your service,
time, and talent to the whole Nation. And at this time, we are
going to need you. So we are just hoping, of course, that
everything will go all right with your confirmation. And coming
from the heartland of the country, we have some major problems,
two of which are earthquakes and flooding. I think that we must
certainly be prepared to deal with what we have coming down the
Mississippi River out of North Dakota and Minnesota when that
thawing occurs, and I just hope that our State preparedness
agency will be ready to work with you and that FEMA will be
able and prepared to respond.
I would like to ask you, though, if you have been able to
assess the personnel situation in the agency operation? Have
you really been able to look at what the needs might be? Is
there understaffing? Are there, from your limited knowledge at
this point, turf problems with other agencies or within the
agency itself? And this story about wanting to take FEMA from
Homeland Security, could you give me some insight on what your
current knowledge is of this situation as you walk into this, I
hope, challenging position?
Mr. Fugate. Well, Senator Burris, thanks for the kind
words. As a nominee, my interaction with staff has been
minimal. I have been getting a lot of staff briefings. But my
one observation is this: I cannot give you percentages, but my
sense is I can divide FEMA staff into three groups: Those who
are doing their jobs and working to the best of their ability
and know what their role is; there are some who would like to
see FEMA outside of Homeland Security; I even believe there are
some who have joined the agency that perhaps would like to see
themselves outside of FEMA.
My message to all of them is, obviously, if you are still
thinking about other things, you are not focused on our primary
mission: Are we ready for the next disaster? I think that is
the message we have to send loud and clear, which is that we
have a job to do. We need to build that team. We need to
utilize the folks who are there and empower them to get the job
done. And we need to stay focused on our mission because I do
not know where the next disaster is going to be, and I know
because I am from a hurricane-prone State that there is a lot
of reference made to hurricane season. But I also understand as
an emergency manager that a disaster is a come-as-you-are
event. It does not matter what you are planning to do next
year, how many people you are going to have on board 2 years
from now. All that matters is when disaster strikes, are we
ready to coordinate on behalf of the President the assistance
to a governor in his time of need, and that requires a team
effort. And at that point, if we are still having internal
debates, if we are not good partners within our Federal family
within DHS and with our other partners, then we are going to
fail. And we have to focus on our mission making sure we are
ready for the next disaster, and we have to build those
relationships and partnerships not only with our Federal
partners but with our State and local partners. We cannot do
this as an agency response. We have to be a team.
Senator Burris. That is certainly the proper attitude to
take, and I understand also that during the Hurricane Katrina
crisis, HUD had offered help for housing, and there was just no
type of response. I just hope that when you get there, you will
have the opportunity to work with the cross-support of other
agencies that will be able to lend their expertise. And, of
course, also looking at that New Orleans situation, how are we
going to deal with those trailers that had formaldehyde in
them, where people are now living in those conditions? I do not
know whether or not Congress has to do something about that or
whether or not it is the Administration, but we cannot put our
citizens, even in emergencies, in temporary housing in more
danger than the disaster itself. So I hope that some of those
issues will be addressed.
Have you given any thought to those circumstances?
Mr. Fugate. Yes, Senator Burris. In regard to the options
and types of products we can use for housing, I think some
steps were taken by my predecessor, Dave Paulison, to look at
how we could specify products that did not have a formaldehyde
risk. I am not advocating that there is any particular best
solution. But I think when you look at what we are facing, we
have to make sure that we are able to address the housing
situation both in the immediate aftermath of a disaster as well
as what the long-term outcome will be so we can assure that
communities are able to survive a disaster and that we are not
left with the option of only being able to move people away
from their community for an extended period, if not sometimes
permanently, when a disaster strikes.
Senator Burris. Mr. Fugate, we are looking forward to your
confirmation. We hope and pray that we will have no disasters
in my State, which we know will not be the case. But I
certainly will be looking forward to FEMA's response when the
Mississippi River starts overflowing and the New Madrid fault
starts acting up and my constituents get shaken up by
earthquakes and flooding.
Good luck to you, and I am pretty sure that now you have
gotten yourself into it; I hope your family is ready to kiss
you good-bye and see you in about 4 years. [Laughter.]
Mr. Fugate. Thank you, Senator.
Chairman Lieberman. Thanks very much, Senator Burris.
I am going to ask that, if Members of the Committee have
additional questions, we submit them to you in writing. It has
been a very good hearing and exchange. We actually, unusually,
are going to adjourn in a moment and then reconvene immediately
to hear the nomination of John Morton to be the head of
Immigration and Customs Enforcement at the Department.
Is there anything you would like to say, Mr. Fugate, in
conclusion?
Mr. Fugate. Mr. Chairman, it has been an honor to be here.
I ask for your support. I want to be part of the team that can
support our local governments and States.
Again, I would like to see the Post-Katrina Emergency
Management Reform Act be fully implemented. I believe it is our
way forward. But I also understand it cannot be done by one
organization by itself. It requires full partnership, and it
needs to be a team effort.
Chairman Lieberman. Well, thanks for that. You will
certainly have my support. I hope to move this nomination as
quickly as possible so we can get you into the office where I
know the Secretary and the American people need you to be. We
are going to keep the record open until tomorrow at 12 noon for
submission of any written questions or statements for the
record.
Senator Collins, would you like to say anything in
conclusion?
Senator Collins. Thank you, Mr. Chairman. I just want to
wish our nominee well. I, too, am impressed with his background
and responses this morning, and I look forward to working with
him.
Chairman Lieberman. Thanks, Senator Collins.
Before I officially adjourn, I am going to ask--this is a
little unusual, so if you are staying, stay. If you are
leaving, try to leave as quickly as you can. We are going to
bring Mr. Morton on.
With that, thanks, and all good wishes to you. This hearing
is adjourned.
[Whereupon, at 11:23 a.m., the Committee adjourned and
proceeded to other business.]

A P P E N D I X

----------

OPENING STATEMENT OF SENATOR LIEBERMAN

Good morning. The hearing will now come to order. Today our
Committee will consider the nomination of W. Craig Fugate to be
Administrator of the Federal Emergency Management Agency. Mr. Fugate,
welcome. I also want to welcome my friends and colleagues, Senators
Bill Nelson and Mel Martinez, who will be introducing the nominee.
Senators Nelson and Martinez have worked closely with Mr. Fugate in
his capacity as Director of the Florida Division of Emergency
Management, a position he has held since October 2001 and which has
provided essential preparation for the post to which Mr. Fugate has
been nominated.
Before being appointed Director, Mr. Fugate was the Division of
Emergency Management's Chief of Preparedness and Response. Before that,
he served for 15 years in local government, including 10 years as the
Emergency Manager for Alachua County, 3 years as a Lieutenant with
Alachua County Fire Rescue, and many years as a volunteer firefighter
and paramedic.
In each of these positions, Mr. Fugate has provided strong
leadership, helping guide the State of Florida and relevant local
governments through a range of challenges, including several
devastating and deadly hurricanes.
The Post-Katrina Emergency Management Reform Act--authored by
Senator Collins and myself in 2006 to address the failures uncovered by
this Committee's investigation into the response to Hurricane Katrina--
requires that the FEMA Administrator have a demonstrated ability in and
knowledge of emergency management and homeland security and at least 5
years of executive leadership and management experience. Mr. Fugate's
background far exceeds these requirements.
The Post-Katrina Act strengthened FEMA, giving it significantly new
and enhanced responsibilities and missions. A very important aspect of
the Post-Katrina Act was the decision to keep FEMA within the
Department of Homeland Security.
Since passage of the Post-Katrina Act, FEMA has come a long ways,
showing steady improvement year by year. FEMA's successful responses to
Hurricanes Ike and Gustav in 2008 were proof of the agency's progress
and few now dispute that FEMA is a stronger agency than it was before
Hurricane Katrina. I particularly hope the career public servants in
FEMA appreciate the fact that we appreciate what they have done and
what FEMA has done over the last couple of years.
Last April, Department of Homeland Security Inspector General
Richard Skinner testified before this Committee that FEMA was better
prepared for a catastrophe now than it was when Hurricane Katrina
struck and that actions taken to implement the Post-Katrina Act have
resulted in a more muscular agency. More recently, Mr. Skinner
testified that FEMA is stronger now than it has ever been in its
history as a result of its cooperative relationships within the
Department of Homeland Security, the implementation of the Post-Katrina
Act, and other improvements made as a result of the lessons learned
from Hurricane Katrina.
Additionally, Mr. Skinner reported in February this year that
removing FEMA from DHS would be a mistake.
Despite clear signs of FEMA's improvement and the Inspector
General's assessments, some continue to advocate for taking FEMA out of
DHS. When we drafted the Post-Katrina Act we thought it would be a
serious mistake to remove FEMA from the Department and sever its
cooperative relationship with other DHS assets.
Our Hurricane Katrina investigation found that FEMA had never been
capable of handling a hurricane the magnitude of Katrina, even when it
was a stand-alone agency. And we are certain that stripping FEMA from
DHS now would undermine the positive developments of the past few years
and once again throw FEMA and its employees into turmoil.
Although FEMA has come a long way, the new Administrator will face
many tough challenges. Among the top priorities will be kick-starting
what has become a stalled recovery to Hurricane Katrina; developing a
long-term recovery strategy and improving FEMA's recovery programs;
completing plans to respond to future large-scale disasters; working
with states to ensure they are better prepared for response and
recovery responsibilities; and better tracking where our homeland
security grant dollars are going to ensure they are being used most
effectively to strengthen our national preparedness.
The next FEMA Administrator, of course, will be responsible for
continuing to implement the Post-Katrina Act so that FEMA really does
become the world class standard for emergency management that we want
and need it to be.
Everything I know of Mr. Fugate's record suggests he is the best
man for this job. Furthermore, he has the support of his peers, having
been endorsed by the International Association of Emergency Managers,
the National Emergency Management Association, the International
Association of Fire Chiefs, the National Sheriffs Association, and
Florida Governor Charles Crist.
I look forward to your testimony this morning and working with you
in the coming months and years if you are confirmed.
Thank you.
__________

OPENING STATEMENT OF SENATOR COLLINS

I join the Chairman in welcoming two nominees: Craig Fugate to head
the Federal Emergency Management Agency and John Morton to lead
Immigration and Customs Enforcement.
This Committee's comprehensive investigation into the flawed
response to Hurricane Katrina revealed fundamental problems with our
nation's preparedness for catastrophic disasters. As a result of our
Committee's work, Congress passed the Post-Katrina Emergency Management
Reform Act in 2006. Our nation's ability to prepare for and respond to
all disasters has improved dramatically due to this legislation.
Perhaps the most significant of our reforms, however, was the
requirement that the FEMA Administrator have substantial emergency
management experience. Mr. Fugate brings eight years of experience as
the Director of the Florida Division of Emergency Management to the
office. During those eight years, Mr. Fugate oversaw the response to 11
Presidentially Declared Disasters.
The logical combination of all-hazards prevention, preparedness,
response, and recovery underscores the need to keep FEMA within DHS.
Detaching FEMA in the vain hope of recapturing mythical halcyon days
would weaken its effectiveness, reduce the ability of DHS to carry out
its all-hazards planning mandate, cause needless duplication of effort,
and foment confusion among state and local first responders during a
disaster.
It is my expectation that Mr. Fugate will see the clear benefit of
keeping FEMA within DHS, particularly given the strong views of our
nation's first responders in favor of this structure.
Turning to our other nominee, John Morton has been nominated to
head Immigration and Customs Enforcement, which is tasked with
enforcing our nation's immigration and customs laws. ICE faces huge
challenges, not the least of which is the fact that the United States
has an estimated 12 million illegal immigrants within its borders. ICE
plays a vital role in coordinating interior enforcement to detain and
remove those who have violated our immigration laws.
ICE also conducts complex investigations of human, drug, weapons,
and cash smuggling networks. This role has recently received
significant attention because of the impact of increasingly violent
Mexican drug cartels on our southwest border. The agency also combats
the use of fraudulent documents and practices to obtain visas and other
immigration benefits.
To accomplish its mission, ICE must forge effective partnerships
with state and local law enforcement. ICE stands on the front line
against numerous threats to our nation. It helps ensure that we
continue to let our friends in while keeping our enemies out.
To enhance the nation's border security, Secretary Janet Napolitano
recently announced the appointment of a border czar that will focus on
the cross-border flow of humans, drugs, weapons, and cash. I will be
interested in hearing from Mr. Morton about how he would anticipate
working with the new border czar and what authorities that czar will
have over ICE policies and operations.
__________

OPENING STATEMENT OF SENATOR AKAKA

Thank you, Mr. Chairman. Mr. Fugate and Mr. Morton, I want to
congratulate you on your nominations. I also want to thank your family
and loved ones for making the trip to be here today. I know how
important their support is through this process.
Mr. Fugate, in the aftermath of Hurricane Katrina, this Committee
worked to improve FEMA's ability to meet its preparedness and response
mission. The Committee's investigation of the response to Hurricane
Katrina found a critical failure of leadership. FEMA must have strong,
experienced, and capable leadership.
If confirmed, you will face many challenges as FEMA Administrator.
Hurricane season is around the corner, pandemic influenza continues as
a serious public health threat, and man-made disasters could strike at
any time. In Hawaii, we have had six disaster declarations over the
past nine years due to severe storms and flooding, mudslides, and
earthquakes. Major flooding in December caused the current disaster
declaration, which FEMA is responding to on the islands of Oahu and
Kauai. Within my home state, we also have one of the most active
volcanoes in the world, the Kilauea Volcano. FEMA has done a good job
of working with the State Civil Defense Office to monitor and support
Hawaii when disasters hit. However, Hawaii's isolated location and
unique geography require greater planning and preparation for disaster
preparedness and response.
FEMA's primary role in a disaster is to provide state and local
entities with critical Federal support, and if confirmed you will be
charged with leading those efforts. I believe that you will provide
FEMA with the confident leadership and vision it needs to meet current
and future challenges. As a life-long public servant, you have a depth
of experience at the state and local level handling small and large-
scale emergencies. You know first-hand how the Federal Government can
work with stakeholders, and you have seen FEMA's strengths and
weaknesses.
I encourage you to reach out to all the various stakeholders and
engage their perspectives. I also hope you will be a strong advocate
for ensuring that FEMA has the resources it needs.
Immigration and Customs Enforcement (ICE) likewise needs strong
leadership that will direct the agency in a way that makes it more
cohesive and effective.
Mr. Morton, many problems that were a result of the merger between
the Immigration and Naturalization Service and the Customs Service
still plague the agency today. ICE has struggled with poor morale and
creating a cohesive ICE culture. Additionally, ICE has a wide range of
responsibilities, making it especially important to manage the agency's
resources efficiently and to properly coordinate and prioritize its
activities. I know you will use your contacts at the Department of
Justice to the agency's advantage, and I hope you also will develop
close working relationships with the DHS components including Customs
and Border Protection and Citizenship and Immigration Services, as well
as other agencies, to coordinate ICE's efforts and eliminate
duplication.
I am pleased that improving immigration detention standards and
refocusing worksite enforcement on employers are priorities of yours.
As you know, ICE has been criticized for poor detainee treatment and
healthcare, detaining families with children in prison-like facilities,
and mistakenly detaining legal residents. I look forward to seeing the
changes that you will bring forth, once you are confirmed.
Finally, I urge you to review Federal Protective Service (FPS)
operations, in particular whether FPS relies too heavily on contract
security guards. There are limitations to what contract security guards
can do, which can weaken security at Federal buildings. The challenges
that FPS faces require your focused attention and support.
I look forward to working with both of you to meet these
challenges.
__________
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