Senate Hearing, 111TH Congress - Nomination of W. Craig Fugate

S. Hrg.
111677
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
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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
GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas
JOHN ENSIGN, Nevada
MARY L. LANDRIEU, Louisiana
LINDSEY GRAHAM, South Carolina
CLAIRE MCCASKILL, Missouri
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
(II)
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CONTENTS
Opening statements:
Senator Lieberman ...........................................................................................
Senator Collins .................................................................................................
Senator Landrieu ..............................................................................................
Senator Carper .................................................................................................
Senator Akaka ..................................................................................................
Senator Burris ..................................................................................................
Prepared statements:
Senator Lieberman ...........................................................................................
Senator Collins .................................................................................................
Senator Akaka ..................................................................................................
Page
1
4
13
16
19
21
25
26
27
WITNESSES
WEDNESDAY, APRIL 22, 2009
Hon. Mel Martinez, a U.S. Senator from the State of Florida .............................
Hon. Bill Nelson, a U.S. Senator from the State of Florida .................................
W. Craig Fugate to be Administrator, Federal Emergency Management Agency, U.S. Department of Homeland Security .......................................................
ALPHABETICAL LIST
OF
WITNESSES
Fugate, W. Craig:
Testimony ..........................................................................................................
Prepared statement ..........................................................................................
Biographical and financial information ..........................................................
Responses to pre-hearing questions ................................................................
Letter from the Office of Government Ethics with an attached letter .........
Responses to post-hearing questions for the Record .....................................
Letters of Support .............................................................................................
Martinez, Hon. Mel:
Testimony ..........................................................................................................
Prepared statement ..........................................................................................
Nelson, Hon. Bill:
Testimony ..........................................................................................................
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110
112
142
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28
5
(III)
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NOMINATION OF W. CRAIG FUGATE

WEDNESDAY, APRIL 22, 2009
U.S. SENATE,
ON HOMELAND SECURITY
AND GOVERNMENTAL AFFAIRS,
COMMITTEE
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m., in room
SD342, 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. Fugates 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. Fugateand I have at the
local, State, and national levelswill tell you that he has forgotten
more about emergency management than most people will ever
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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 countys 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 2004as I was running
for the Senate, as a matter of factand 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 Fugates 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 Com-
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mittee was good enough to report out, aimed at addressing the failures uncovered by this Committees 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 isand I note this with much appreciationthat 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. FEMAs successful responses to Hurricanes Ike
and Gustav in 2008 were proof of the agencys 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 PostKatrina 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
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4
long-term recovery strategy and improving FEMAs 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 Committees 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 Committees investigation revealed
fundamental problems with our Nations 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 Committees 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 Nations 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 Nations 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 Floridas 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. Fugates nomination has garnered. Clearly, this should not be
a political post. It should be a nonpartisan post that is filled by the
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5
most experienced individuals that we can find. So, Mr. Fugate, it
does speak well for you that both of Floridas 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
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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 Chairmanback in the good old daysin May 2005, held a
hearing looking at FEMAs 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.
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7
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.
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.
1 The
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prepared statement of Mr. Fugate appears in the Appendix on page 29.
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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 FEMAs 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, faithbased, 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.
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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 FEMAs role is in that
program, and our task to go forward to build that team that can
respond to the next catastrophe.
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 governors 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 disastershurricanes, tornados,
the like. And now we have come to think of it in terms of unnatural disastersterrorist attacksand we will get into thesebiological, 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
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Federal Governments 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 Securitys 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.
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One of the things that I think we did in the Post-Katrina Emergency Management Reform Act that was most significantI hope
it is, and I want to get your view on it; I think it has begun to
workis 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.
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.
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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, maam. 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 preposition 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,
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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.
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
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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 VZones 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 communitiesoil 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
VZone 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
VZones 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
movedCaryville is one from the Tropical Storm Alberto floods
have been small.
Senator LANDRIEU. And how large was that community?
Mr. FUGATE. Relatively small.
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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 Members
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.
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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
upsomeone 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 trainedeven though
they may be temporarybut 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, maam. 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.
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
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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-arama 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.
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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 Actwhat 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.
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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 FEMAs 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 responsibilityI think certainly with the
leadership of this Committee, an opportunitywhen 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.
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As you know, FEMAs 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
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.
1 The
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prepared statement of Senator Akaka appears in the Appendix on page 27.
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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 FEMAs 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 NORTHCOMs 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 FEMAs 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 FEMAs 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 morningeven
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
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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 hurricaneprone 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
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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 FEMAs 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.
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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 askthis 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.]
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APPENDIX
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 Managements 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 Actauthored by Senator Collins and myself in 2006 to address the failures uncovered by this Committees investigation into the response to Hurricane Katrinarequires 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. Fugates 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. FEMAs successful responses to Hurricanes Ike
and Gustav in 2008 were proof of the agencys 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 FEMAs improvement and the Inspector Generals 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.
(25)
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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 FEMAs 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. Fugates 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 Committees comprehensive investigation into the flawed response to Hurricane Katrina revealed fundamental problems with our nations preparedness for catastrophic disasters. As a result of our Committees work, Congress passed the PostKatrina Emergency Management Reform Act in 2006. Our nations 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 nations 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 nations 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 nations 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.
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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 FEMAs ability to meet its preparedness and response mission. The Committees 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, Hawaiis
isolated location and unique geography require greater planning and preparation for
disaster preparedness and response.
FEMAs 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 FEMAs 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 agencys resources efficiently and to properly coordinate and
prioritize its activities. I know you will use your contacts at the Department of Justice to the agencys 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 ICEs
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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Senate Hearing, 111TH Congress - Nomination of W. Craig Fugate

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Senate Hearing, 111TH Congress - Nomination of W. Craig Fugate

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S. Hrg.

NOMINATION OF W. CRAIG FUGATE

ONE HUNDRED ELEVENTH CONGRESS

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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

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MICHAEL L. ALEXANDER, Staff Director

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NOMINATION OF W. CRAIG FUGATE

Chairman LIEBERMAN. Good morning. The hearing will now come

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Senator COLLINS. Thank you, Mr. Chairman. I will be very brief

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Senator NELSON. Thank you, Mr. Chairman. And as you know,

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not there. It was a precursor, it was a warning of what was to

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Mr. FUGATE. Thank you, Mr. Chairman, Senator Collins, and

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prepared statement of Mr. Fugate appears in the Appendix on page 29.

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Mr. FUGATE. And I just want to hit on a couple of things, less

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Federal Governments cyber systems and, most critically, working

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